By-law 2616 on Conditional Uses

On August 14, 2023, the Côte Saint-Luc City Council adopted the first draft by-law on conditional uses (#2616).

Goal

The purpose of a conditional use by-law is to allow, following an evaluation procedure, a use that is not currently permitted, but that would be acceptable and compatible with the surroundings if certain conditions are met.

The proposed by-law would make it possible for certain uses related to religious worship and study to be authorized and subject to conditions in certain residential zones. One property per zone would be authorized under this by-law.

Background

Over the years, religious institutions were founded in private homes to serve the needs of members of our community. Although these private homes were not zoned for use as a religious institution, the City tolerated these congregations and found practical solutions to issues arising with neighbours, such as parking or noise.

In recent years, more congregations have been founded, which has prompted the city to address the situation of non-compliant places of worship operating in certain residential zones where they are currently not permitted. After discussing the issues and potential solutions with representatives of these institutions, the Council wishes to offer some of them the opportunity to be formally permitted in certain zones and under certain conditions, through the adoption of the present by-law.

The proposed by-law would allow only one religious institution currently operating in private homes in one of the four zones to begin a process that could lead to their official and formal operation within the City’s zoning regulations. What this means in practical terms is that if a house is zoned for residential use but currently acts as a place of worship, the City may authorize the latter as a conditional use. The property remains zoned as residential, but the place of worship use may become permitted if certain conditions are met and an application for this use is processed and approved.

The City Council tabled a first draft of the by-law on August 14, 2023, which lists the zones in which a conditional use application can be made. It should be noted that the adoption of the present by-law does not automatically allow for new conditional uses to be permitted in these zones. It merely creates a mechanism and procedure for applicants to submit a request for in this matter.

To be authorized as a conditional use, a place of worship must first meet the eligibility requirements, and then go through an application process, which includes the following steps:

1. The applicant must submit all required documents (listed in section 2.1.2 of the draft by-law) to the Urban Planning Department.
2. Once the application is submitted, the documents are analyzed by staff at the Urban Planning Department.
3. The application is then presented during a Planning Advisory Committee (PAC) meeting – the PAC discusses and evaluates the application based on a set of criteria (listed in section 3.1.4 of the draft by-law) and makes a recommendation to the City Council.
4. The PAC’s recommendation is then approved by resolution at a City Council meeting.

Eligible Uses & Requirements

A conditional use application is eligible under the following conditions:

1. A place of worship, with or without a gathering space related to worship and religion.
2. A place of instruction related to worship and religion, with or without accommodations for those receiving instruction for a specified period.
3. A combination of these uses.

A conditional use application is eligible under the following conditions:

1. The use is carried out inside an existing building.
2. The building is in one of the zones identified on the map below (RU-1, RU-21, RU-32, and RB-7).
3. Only one (1) single use from those listed above may be permitted in each zone identified on the map below.

By-Law Adoption & Approval Process

For the present by-law to come into effect, its adoption & approval process must follow the different steps prescribed by provincial laws, which are outlined below:

Step	Date
Notice of motion & adoption of first draft by-law	August 14, 2023
Public consultation meeting on first draft by-law	September 6 2023
Adoption of second draft by-law	TBD
Public notice regarding the opening of a registry	TBD
Referendum approval process (if necessary following registry)	TBD
Final adoption of the by-law	TBD
Entry into force of the by-law	TBD

It should be noted that the proposed by-law contains provisions that are subject to referendum approval.