HomeMy WebLinkAboutBy-law 5195/98CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5195/98
Being a By-law to establish a system for the licensing of home-based
businesses in the Town of Pickering.
WHEREAS, pursuant to section 257.2 of the Municipal Act, R.S.O. 1990, c. M.45, as amended,
the Council of a local municipality may pass by-laws for licensing, regulating and governing any
business carded on within the municipality;
AND WHEREAS the Council of the Town of Pickering deems it desirable and necessary to
provide for the licensing of home-based businesses;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
In this By-law,
(a) "adverse effect" shall mean
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
.(viii)
impairment of the qUality of the environment for any use that can be made
of it;
inj .ury or damage to property or to plant or animal life;
harm or material discomfort to any person;
impairment of the health of any person;
impairment of the safety of any person;
rendering any property unfit for its existing or permitted use;
loss of enjoyment of normal use of property; and/or
interference with a residential use or conduct of business;
(b) "applicant" shall mean a resident of a dwelling unit;
(c) "dwelling unit" means a residence that
(i)
(ii)
(iii)
(iv)
consists of a self-contained set of rooms located in a building or structure;
is used as a residential premises;
contains kitchen and bathroom facilities that are used only by the
occupants of the unit;
is used as a single housekeeping unit, which includes a unit in which no
occupant has exclusive possession of any part of the 'unit; and
has a means of egress to the outside of the building or structure in which it
is located, which may be a means of egress through another residential
unit;
(d)
"home-based business" means an accessory business or occupation use conducted
for gain or profit in a dwelling unit by a resident of that dwelling unit which is
clearly subordinate to the primary residential use of that unit, and which does not
create a public nuisance or adverse effect on the abutting lands and/or surrounding
community;
(e) "license" means a license for a home-based business issued by the Town Clerk;
(0
"resident" means either a sole proprietor, partner, shareholder, or officer of the
company operating the home-based business, or an employee who uses their
dwelling unit as their principal place of business;
(g)
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''Town Clerk" means the Clerk of the Corporation of the Town of Pickering.
e
CITATION
This by-law may be cited as the "Home-Based Business Licensing By-law".
e
PROHIBITION
No person shall operate or permit the operation of a home-based business unless a license
is obtained as provided in this By-law, and provided such license is in good standing and
has not been revoked at the time the home-based business is being operated.
LICENSE APPLICATION
(a) To obtain a home-based business license, the applicant shall:
(i) submit to the Town Clerk a completed application form provided by the Town
of Picketing for each business operated from that dwelling unit;
(ii) pay an annual, non-refundable and non-transferable application fee of $50.00
per business; and
(iii) demonstrate compliance with the relevant provisions of all applicable municipal
by-laws, provincial policies and regulations, and federal laws;
(b)
The Town Clerk will issue a license for.a home-based business which conforms to
the relevant municipal by-laws based on the information made available by the
applicant on the application form, and based on a site inspection where, in the
discretion of the Town Clerk, such inspection is determined to be advisable or
necessary.
(c)
Where, during the term of the license issued for a home-based business, the applicant
proposes to change the nature of the home-based business as licensed, the applicant
shall advise the Town Clerk of the proposed changes to be made in order that
compliance will be maintained.
e
LICENSE TERM
(a) The term of a home-based business license shall be for a period of one year from the
date of issuance of the license.
(b) A home-based business license is subject to renewal on application and payment of
the applicable fee.
SPECIAL PROVISIONS
(a)
In a home-based business licensed by this By-law, there shall be no pick-up or
delivery associated with the home-based business to the dwelling unit between 8:00
p.m. and 6:30 a.m.
w
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REVOCATION OF REGISTRATION
(a)
(b)
(c)
The Town Clerk shall revoke the license of any home-based business which, at any
time after issuance, ceases to meet the requirements of any municipal by-law, or
where it is determined that the license was issued based on false or misleading
information.
The Town Clerk shall revoke the home-based business license for any home-based
business which is in arrears of assessed business taxes at any time.
Where the Town Clerk revokes the license of a home-based business, notice stating
the reason for the revocation shall be provided to the applicant and the insurer in
person or by regular postal delivery.
0
ADMINISTRATION OF THIS BY-LAW
The Town Clerk may designate such persons as are necessary to administer this By-law.
OFFENCES AND PENALTIES
Any person who contravenes any provision of this By-law is guilty of an offence and is
liable upon conviction to a fine of not more than $5,000.00 exclusive of costs as
authorized by the Provincial Offences Act, Section 61, R.S.O. 1990 c. 400, as amended,
except where otherwise, expressly provided by law, which shall be recoverable under the
provisions of the Provincial Offences Act and all the provisions of the said Act shall
apply to any prosecution for any offence under the provisions of this By-law.
10.
EFFECTIVE DATE
This by-law comes into force on the date it is passed.
READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS 2nd DAY OF MARCH,
1998.
WAYNE ARTHURS,
MAYOR
BRUCE J. TAYLOR,
CLERK