On 26/10/12 08:01 PM, Justin Lacko wrote:
The zoning has nothing to do with the occupancy class - which nobody
knows without asking,
There's nothing to know or ask re existing occupancy class -- occupancy
class is something that is applied for and appears on the specific
occupancy permit legally held by a specific tenant. There's no valid
permit on a vacant (unoccupied) space -- every new tenant must apply for
their own occupancy permit before they can occupy their unit, regardless
of how similar their use may be to the previous tenant.
Its a per-unit and per-tenant thing and not a per building thing -- the
permits held by tenants in the past and elsewhere in the building are
not relevant.
Even looking at the occupancy permits of tenants who have them doesn't
tell you anything about what other occupancy classes a different tenant
could apply for in the same unit if appropriate alterations are made.
Its all pretty hypothetical when you get to that last point
(alterations), and that's where the real vodoo comes in.
Indeed, I was wrong and Dave was right, in the character zone, one can
apply for an occupancy permit w/ occupancy class of dwelling, care home,
neighbourhood care home, dormitory, single-room occupancy (rooming
house), bed & breakfast (awesome Micheal house!), live-work unit,
hostel, hotel, jail/detention centre, neighbourhood rehabilitation home,
emergency residential shelter, and hospital with overnight accommodations.
Pawnshop is the only thing that's fully ruled out at a zoning level in
the character zone.
http://winnipeg.ca/ppd/bylaws/Bylaw100/DowntownBylaw/PART_4/410_1.htm
Of course, obtaining any occupancy permit, be it for a residential or
non residential use requires more than just being on the list of things
allowable per zoning -- your unit and your building (harder to change)
have to pass an inspection that confirms it meets all of the standards
(building code) specific to your intended use.
And some occupancy classes in the character area are even harder to
obtain, they're subject to "conditional use" which means even more
criteria is thrown at them in terms of their fit in the neighborhood.
Conditional use applications can also end up subject to public zoning
variance hearings.
The character zone indeed allows for a mix of uses -- but not at the
same time, every unit in a building has to have a separate occupancy
permit for one specific use. (There would have to be an architecturally
distinct Skullspace and SkullHouse)
Anyway, it was a false dichotomy to say "non-residential, legal and
good" -- "residential, illegal and bad". Sorry.
Even with a massive renovation budget, there a many non-residential uses
of the third floor of 125 Adelaide that would never be permitted due to
the architecture and location of the building, even though those uses
are on the list for the character zone.
Mark
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