HBB Regulations
The zoning regulations shown here were approved by Ottawa City Council as part of the Comprehensive Zoning By-law, in effect as of June 25, 2008.
Definitions:
Home-based business means one or more businesses operated by a resident as secondary and subordinate uses to a residence or farm, and includes a home-based day care.
Apartment Dwelling, Low Rise means a residential use building of four or fewer storeys in height containing four or more principal dwelling units, other than a Multiple Attached Dwelling or Stacked Dwelling.
Apartment Dwelling, Mid-High Rise means a residential use building of more than four storeys in height containing four or more principal dwelling units, other than a Multiple Attached Dwelling.
Converted Dwelling means a residential use building that has been altered to increase the number of principal dwelling units to three or more.
Detached Dwelling means a residential use building that contains only one principal dwelling unit.
Duplex Dwelling means a residential use building containing two principal dwelling units that are divided horizontally.
Multiple Attached Dwelling means a residential use building containing three or more attached principal dwelling units divided vertically.
Semi-detached Dwelling means a residential use building containing two attached principal dwelling units that are divided vertically, with each unit having lot frontage except where located within a planned unit development.
Dwelling Unit means a residential unit that:
- consists of a self-contained set of rooms located in a building or structure;
- is used or intended for use as a residential premises;
- contains kitchen and bathroom facilities that are intended for the use of the unit only ; and
- is not a mobile home or any vehicle.
Secondary Dwelling Unit means a separate dwelling unit subsidiary to and located in the same building as an associated principal dwelling unit; and its creation does not result in the creation of a semi-detached dwelling, duplex dwelling, three-unit dwelling or converted dwelling.
Three-unit Dwelling means a residential use building originally constructed to contain three principal dwelling units divided horizontally.
Rooming unit means a room, or a suite of rooms, that constitutes a separate, independent residential occupancy, but which is not self-contained and which requires access to other parts of the principal dwelling or building intended to serve the residents, including kitchens, eating areas or bathrooms.
For additional definitions, please refer to the Zoning By-law.
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Home-Based Business Provisions (Section 127)
127.
- Home-based businesses are permitted in any dwelling unit, secondary dwelling unit or rooming unit, in any zone that permits residential uses provided:
- they must not become a nuisance because of noise, odour, dust, fumes, vibration, radiation, glare, traffic, or parking generated;
- they must not become a fire or building hazard or health risk;
- they must not interfere with radio, television or other telecommunications transmissions;
- one or more residents may operate a business; and
- the operators of the home-based businesses must reside in the dwelling, secondary dwelling unit or rooming unit from which the home-based business is conducted, including when the business is in operation.
- Any number of businesses may exist provided the cumulative maximum total gross floor area outlined in either subsection (10) or Section 128(3), as the case may be, is not exceeded.
- Despite the unlimited number of businesses permitted, a maximum of only one, on-site, non-resident employee is permitted per principal dwelling unit.
- On-site non-resident employees are prohibited in association with any home-based business located within a secondary dwelling unit, rooming unit, or dwelling unit within an apartment dwelling, low rise or an apartment dwelling, mid-high rise.
- No more than one client or customer may be attended or served on-site at any one time by any home-based business within a principal dwelling unit.
- No client or customer may be attended or served on-site in the case of any home-based business located within a secondary dwelling unit, rooming unit, or dwelling unit within an apartment dwelling, low rise or an apartment dwelling, mid-high rise.
- Where any parking is required for the home-based business, such space may be located in the driveway.
- There is no visible display or indication of any home-based business from the street, other than the maximum of one sign for all home-based businesses on the lot, as provided for in the Signs By-law.
- Home-based businesses must not involve the use of the premises as a dispatching office or supply depot.
- Any number of home-based businesses is permitted on a lot which permits a residential use, either within the dwelling unit, rooming unit or secondary dwelling unit, or within an attached garage on the lot, provided that:
- if within a dwelling unit or secondary dwelling unit, the cumulative size of all home-based businesses per dwelling unit or secondary dwelling unit must not exceed 25% of the unit’s gross floor area or 28 m2 whichever is the greater;
- if within an attached garage, the cumulative size of all home-based businesses must not exceed a maximum of 54m2, and the required parking for the dwelling unit must continue to be legally provided on the lot;
- if within a rooming unit, no maximum size limit applies, but the home-based business must take place solely within the rooming unit and not within any communal area within the building; and
- In the case of subsections (a) and (b), the cumulative total is for all home-based businesses within the principal dwelling unit and attached garage combined, with a separate cumulative total applicable to the secondary dwelling unit, and not for the principal dwelling unit, attached garage and secondary dwelling unit combined.
- The business of storing automobiles, buses, boats, recreation and any other types of vehicles is specifically prohibited.
- Outdoor storage is prohibited.
- Where a home-based business sells on the premises, it sells only those items that are made on the premises. Despite the foregoing, telemarketing and mail order sales are permitted provided that any merchandise purchased is delivered or mailed directly to the customer.
- Businesses that require a business, not professional, license under the City of Ottawa’s licensing by-laws are not permitted, except that the following businesses requiring licenses are permitted:
- electricians and electrical contractors;
- plumbing contractors;
- taxi cab and limousine drivers, but not brokers, to a maximum of two taxis or limousines; and
- hair salons, limited to a maximum of two coiffeur chairs.
- Nothing in subsection (14) prevents the administrative and indoor storage functions of such licensed businesses from being operated as a home-based business provided such functions comply with the provisions of subsections (1) through (13) inclusive.
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Home-Based Businesses in RU and AG Zones (Section 128)
128. On lots zoned RU-Rural Countryside or AG-Agricultural that are a minimum size of 0.8 ha, the following additional regulations apply to home-based businesses:
- The regulations of Sections 127(1), 127(2), Section 127(4) through 127(10), and Sections 127(13) through 127(15) apply.
- Despite the unlimited number of businesses permitted, a maximum of three, on-site, non-resident employees are permitted per principal dwelling unit.
- Home-based businesses are permitted in the dwelling unit, secondary dwelling unit, rooming unit, garage and accessory buildings to a cumulative maximum of 150 m2, excluding outdoor storage associated with the home-based businesses.
- Section 127(7) applies with all necessary modifications.
- In the case of subsection (3), the cumulative total is for all home- based businesses within the principal dwelling unit, garage and accessory buildings combined, with a separate cumulative total applicable to the secondary dwelling unit, and not for the principal dwelling unit, garage, accessory buildings and secondary dwelling unit combined. If within a dwelling unit or secondary dwelling unit, the cumulative size of all home-based businesses per dwelling unit or secondary dwelling unit must not exceed 25% of the unit’s gross floor area or 28 m2 whichever is the greater; and if within a rooming unit, no maximum size limit applies, but the home-based business must take place solely within the rooming unit and not within any communal area within the building.
- Section 127(2) applies with all necessary modifications.
- In addition to the types of licensed businesses permitted under subsection 127(14), snow plough contractors, drain contractors, antique dealers and any business of storing automobiles, buses, boats and recreation vehicles are also permitted, subject to paragraph 127(1)(f).
- Sales areas are restricted to within principal dwelling units and accessory buildings only.
- No part of any garage or accessory building used for a home-based business may be located closer than 10 metres to any residential use on another lot, or to the side lot line if the neighbouring lot is not developed with a residential use.
- A maximum cumulative 5% of the lot area or 100 m2, whichever is the lesser is permitted to be used for outdoor storage associated with all of the home-based businesses combined.
- The permitted outdoor storage is restricted to the rear yard or to an interior yard adjacent to the rear yard.
- The outdoor storage is not to be located within 10 metres of any side lot line.
- The outdoor storage must be screened from view from any abutting public street, or abutting property, with an opaque screen or fence, with a minimum height of 1.4 metres.
- On-site storage of hazardous chemicals or explosives is prohibited.
- No open storage may lead to the creation of a salvage yard.
- Section 126 sets out the regulations applicable to the parking of heavy vehicles.
- For lots zoned in an EP subzone where a dwelling is permitted, the associated home-based businesses are subject to the regulations of Section 127 only and Section 128 does not apply.
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Home-Based Day Care (Section 129)
129.
- Home-based day care with accommodation for up to five persons is permitted as a home-based business in any principal dwelling unit that is a permitted use in the zone in which it is located.
- Home-based day care permitted under subsection (a) is subject to the regulations of Section 127.
- Despite subsection (b), and 127 (2), only one home-based day care is permitted in any one principal dwelling unit.
- Despite 127(1), 127(2) and 127(10), home-based day care must only be in a principal dwelling unit.
- Day care with accommodation for more than five persons is not permitted as a home-based business.
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