City could add ‘remote work’ to land-use bylaw

By COLLIN GALLANT on April 14, 2022.

cgallant@medicinehatnews.com@CollinGallant

One of the buzzwords of 2020 could soon have a legal definition in City of Medicine Hat land-use legislation, Wednesday’s meeting of the municipal planning commission heard.

Administrators plan to introduce a “remote work” category to the land-use bylaw, mainly in order to define it as something different than a typical home-based business and cut down on confusion about the emerging trend.

“Essentially it’s an office job that’s done in a home,” planner Jim Genge told the commission. He added that while it would be included, “remote workers” would not require any fee, permit or inspection unless it took on aspects of other home-occupation permits.

It would be allowed in any residential area as long as work was performed mainly indoors, doesn’t require client visits or its own business licence, meaning the property occupant is an employee of someone else.

That sets it apart from home-based businesses, which are regulated to avoid noise and nuisance to neighbouring properties, as well as address potential parking problems.

“It’s interesting, and obviously the pandemic has brought it to the forefront,” said commission member, Coun. Andy McGrogan.

Chair, Coun. Darren Hirsch, told the commission that in his private career he has the option of working several days each week from home.

“At the end of the day, it’s work that doesn’t really have an impact, but it’s certainly a phenomenon,” he said.

The planning department began studying the issue last year with an informal survey of home-based business operators and a look at how other municipalities approach the subject.

Currently in Medicine Hat, home occupation permits – required for home-based businesses – are divided into minor and major categories.

In both cases, the business must be owned by the property owner or occupant, signs and walk-up sales are not allowed, and clients can only attend on an appointment-only basis.

The distinction is a minor permit holder can accept five visitors requiring parking per week, while a major permit allows up to 35.

They are both a “discretionary use” in all residential areas, meaning the application is publicized to neighbours, who can object, and they are awarded at the discretion of planning staff to ensure residential aspects of the neighbourhood are not disturbed.

Some professions are excluded outright, such as carpentry or metal working, though some contractor storage is allowed.

Genge said home-based businesses are typically new business ventures, involve hobbies or side lines for people, and as a whole provide very little trouble to the planning department in terms of complaints.

McGrogan questioned whether some smaller home-based business operators may attempt to get by without a home-occupation permit.

Genge said they would still require a business licence, and complaints from neighbours about parking or noise lead to investigations.

“We have to be able to trust that our citizens are following the right steps,” said Hirsch.