Beyond Decriminalization: Sex-work, Human Rights and a New ...

PIVOT LEGAL SOCIETYVancouver’s zoning by-lawThis analysis is focused on Vancouver’s Zoning and Development By-Law No. 3575 (the “By-Law”),which designates different geographical areas within the city, known as zoning districts, for particularuses. 99 The By-Law is a collection of regulations that govern how development may occur in thevarious zones in Vancouver. Each zone type has distinct requirements for development, althoughsimilarities occur in related types of zones. For example, only within designated “industrial districts”may one operate a chemical manufacturing plant. Similarly, only within designated “commercialdistricts” may one operate a hair salon. The City of Vancouver is currently divided into 71 zoningdistricts. The district zoning schedules are grouped into “R” for “residential zones,” “C” for “commercialzones,” “M” and “I” for “industrial zones,” “HA” for “historical areas,” and “CD” for “comprehensivedevelopment schedules.” 100 The consequences for breaching the By-Law are payment of a finenot exceeding $2000, or imprisonment not exceeding two months. 101 The City can levy a fine of up to$50 for each day a person remains in violation of the By-Law. 102Of particular relevance to this discussion are the following types of zoning districts: Vancouver’s“Downtown District;” “commercial districts;” and residential districts (referred to as “dwellingdistricts” in the By-Law). Every establishment in Vancouver including residences, businesses, andother types of establishments must be built or maintained in accordance with the appropriate zoningdistrict under the By-Law. 103Among the 71 zoning districts, the By-Law identifies eight ‘general’ zoning districts: LimitedAgriculture; One-Family Dwelling; Two-Family Dwelling; Multiple Dwelling; Commercial; Industrial;Historic Area; and Comprehensive Development. 104 These eight general zoning districts arefurther divided into smaller districts that have specific rules about what can be built or maintained99 City of Vancouver, By-Law No. 3575, Zoning and Development By-Law [By-Law].100 By-Law No. 3575, Zoning and Development By-Law establishes the following zones:Limited Agriculture District: The Limited Agriculture District provides for nurseries, field crops, greenhouses and fruit farms, andtheir associated retail businesses, as well as stables, golf courses, parks, one-family dwellings, seniors housing, bed and breakfast businessesand special needs residential facilities.One-Family Dwelling District: A One-Family Dwelling is a “building containing only one dwelling unit” A Family is defined as “oneor more individuals all related to one another by blood, marriage, or adoption or a maximum of three unrelated individuals livingtogether as a household.” This District is broken-up into many zones; different zones within this District allow for the establishmentof schools, libraries, churches, hospitals, golf courses, parks, grocery stores and other necessary community institutions.Two-Family Dwelling District: A Two-Family Dwelling is defined as “a building containing only two dwelling units.” Again, differentzones within this district permit the establishment of various community institutions.Multiple Dwelling District: A Multiple Dwelling is defined as “a building containing only three or more dwelling units.” Each zonewithin this District allows for various types of establishments, such as apartment buildings, rooming houses, community centers,special needs facilities, laundromats, hotels, museums, liquor stores, pharmacies, health enhancement centers and restaurants.Commercial District: While the outright approval uses of Commercial Districts throughout Vancouver are retail and service shops,such as grocery stores, beauty salons, photography studios, bowling alleys and the like, the conditional uses of Commercial Districtsinclude dwellings, schools, theatres, zoos, as well as some light manufacturing services such as jewellery manufacturing and printing.Industrial District: Industrial zoning districts within Greater Vancouver provide space for the manufacture of goods, retail/wholesaleof goods, transportation and storage of goods, services such as motor vehicle repair shops and communications(Live/Work and Work/Live: Vancouver overview including strategic directions; City of Vancouver Land Use and Development Policies and Guidelines.June 13. 1996. http://vancouver.ca/commsvcs/Guidelines/L002.pdf.). Industrial zoning districts also allow for dwellings, communityservices (such as schools) and retail businesses (such as gas stations)).Historical Area District: Chinatown, Yaletown and Gastown comprise Vancouver’s Historical Area District. These “towns” are zonedto allow for a variety of types of establishment, including residential, commercial and industrial activities.Comprehensive Development Districts: Each area zoned as a Comprehensive Development zoning district is guided by its ownby-law which sets out what kinds of establishments will and will not be permitted in that area. For our purposes, the most importantof all of the Comprehensive Development zoning districts is the Downtown District, which is regulated by the Downtown DistrictOfficial Development Plan (Downtown Official Development Plan (Adopted by By-Law No.4912, November 4, 1975)).101 Supra note 99 at s. 8.2.102 Supra note 99 at s. 8.3.103 Supra note 99 at s. 9.104 Supra note 99 at s. 9.66