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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformwithin that zone, along with its own specific building regulations. 105 Some zoning districts pertain toa specific neighbourhood – such as the zoning district referred to as “FC-1,” which applies to the EastFalse Creek area of Vancouver – whereas others, such as the zoning district referred to as “C-1,” applyto a number of different neighbourhoods that have this designation. 106Regulating zoning districtsEach zoning district has either a “district schedule” or an “official development plan” that setsout the intent, uses and regulations of that district, and what kinds of businesses can be establishedthere. 107 While the district schedules are part of the By-Law, the City Council approves official developmentplan by-laws for each zoning district.Each one of the 71 zoning districts has a two-tiered system for establishing what kinds of businessactivities may occur there. First, “outright approval uses” are permitted within the district provided allregulations and provisions of the By-Law are met. The City commonly issues business licenses and/ordevelopment permits for outright approval uses.Second, “conditional approval uses” are secondary activities that may be carried out within thezoning district. Conditional approval uses are those that the City identifies as having a potentialimpact on the community. To be approved, conditional approval uses must be considered by the Cityin terms of the intent of the by-laws, any applicable plans, policies or guidelines, the recommendationsof any advisory groups for the area, and the responses of adjacent property owners and residentswho may have been notified. Permits and business licenses are usually more difficult to obtain forconditional uses.By way of example, under the Limited Agriculture District Schedule, the District is used primarilyfor nurseries, field crops, fruit farms, one-family dwellings and special needs residential facilities.The conditional uses include golf courses and marinas. 108 Because the City exercises more discretionover the issuance of permits or licenses for conditional uses than it does for outright approval uses, aperson wanting to establish a fruit farm in a Limited Agriculture District would likely have few problemsobtaining a license or permit, whereas a person wanting to establish a golf course in the sameDistrict might face opposition from residents or workers who could convince the City not to issue therequested license or permit.Under the By-Law, a zone can be designated for one or more of 12 possible uses: agriculturaluses; cultural and recreational uses; dwelling uses; institutional uses; manufacturing uses; office uses;parking uses; retail uses; service uses; transportation and storage uses; utility and communication uses;and wholesale uses. 109 The list of businesses and type of buildings that can be established under eachdesignated use are set out in the By-Law . 110 For example, “cultural and recreational uses” includeartist studios, bingo halls, libraries, parks and theatres; ‘retail uses’ include farmers markets, gasstations and car dealerships.There is a myriad of “mixed-use” zones throughout the City of Vancouver. The primary purpose ofmixed-use zones is to allow dwelling uses to be in close proximity to any of the other designated uses.The classification of “type of use” may vary from district to district. For example, one zoning districtmay list “manufacturing” as an outright approval use and “dwelling” as a conditional approval use,while another zoning district may list “dwelling” as an outright approval use and “manufacturing” asa conditional approval use. Different types of businesses in the same category of use may also be listed105 See District Schedules for all zones, attached to the By-Law, supra note 99.106 See the Commercial District Schedules, attached to the By-Law, supra note 99.107 For example, see City of Vancouver, By-Law No. 4912, Downtown Official Development Plan (4 November 1975).108 Supra note 99 at RA-1 District Schedule (Limited Agriculture).109 Supra note 99 at s. 2.110 Supra note 99 at s. 2.67