Tiny looking at changing up recipe for roadside stand bylaws

Roadside stands are getting a second look in Tiny Township, and while many on council are praising home businesses for selling tasty wares, requests are being made to change municipal bylaws regarding signage and how those sales are made.

The matter is a result of a resident deputation from Loreta Santelli last month that looked toward zoning bylaw amendments on her Tiny Beaches Road South property where she runs a home-based bakery.

“Society has evolved and so did the way entrepreneurial business changed,” said Santelli during her deputation.

"Business owners are operating out of their homes, especially small business entrepreneurs. The ability to put a sign on their own property will make it easier for their customers to find their place of business.”

Santelli further offered that her actions were proactive to mitigate neighbourly disputes.

“I don't want to get into trouble with Tiny,” said Santelli. “I don't want to have any issues with my residents. They haven't given me any issues; only one comment on Facebook last year, and that's what told me that I better do this the right way because I don't want that individual to come at me again, because it is heartbreaking because you're only trying to make an extra buck just to put food on your table.”

At the recent committee of the whole meeting, the discussion returned to Santelli’s suggestions to amend the zoning bylaws to regulate signs and include for home occupations, and to add a seasonal roadside stand permission where goods are sold similar to roadside stands at farms.

Coun. Steffen Walma admitted to having a brain rewired toward risk and liability for municipalities, and asked what could happen if a bylaw weren’t fully developed around that risk.

“I know with food items,” said Walma, “you have to have a health inspection from Simcoe Muskoka District Health Unit; would that be part of our licensing program?”

Mayor Dave Evans noted that some obligations might be in order, but light-heartedly scoffed at the legality around an asparagus stand sign requesting money be placed in an unattended container for the goods.

“I’m fully in favour of having (planning staff) have a look at this. I find it outdated,” said Evans. “You can buy a sign at Canadian Tire for a garage sale, and that’s now illegal? Come on, let it go forward.”

Deputy Mayor Sean Miskimins and Coun. Kelly Helowka also shared amusement while citing the examples of firewood sales, but the conversation was tempered by planning and development director Maryann Hunt who refocused council to the deputation’s core request around home occupation provisions and not just food stands outside a home.

“We have home occupation provisions that require the use to be fully contained within the dwelling unit, and that specifically to keep the residential character of the areas,” Hunt instructed, “and to maintain that residential primary use in the sale of goods on the property is specific around parking issues, safety issues.

“There’s a difference between having a home occupation akin to a hair salon where you’re inviting customers at a pre-arranged time and any nuances around parking are discussed, and you can anticipate volume contrasted with goods that you maybe produced on site. But the general public is attending the site, and there’s no parking provisions in the zoning bylaw for home occupations,” Hunt noted.

Hunt recommended that universal requirements be kept and that a property-by-property assessment by council on site-specific relief requests would allow staff to also provide regulations as necessary.

The case-by-case suggestion was embraced by council members, with Hunt noting that the sign proposal could be looked at during the zoning bylaw amendment housekeeping currently underway.

“It’s the roadside stand requests, and things like that where there’s quite a few ripple effects in the zoning bylaw that would need to be addressed,” said Hunt, “even just with the produce stands that are already permitted for more agricultural lots.”

Evans agreed, acknowledging that while an asparagus stand might be socially acceptable, “we also have to look at the other end of the scale, of somebody putting a four-by-eight on their front lawn and what that does to the neighbourhood.”

The deputation was received as information by the committee of the whole, and staff were directed to look further into the matter and report back to council. Coun. Dave Brunelle declared a pecuniary interest and recused himself from discussion and voting.

The matter for consideration on zoning bylaw amendments for roadside stands, including deputation slides, can be viewed on the agenda page on the Township of Tiny website.

Archives of council meetings are available to view on the township’s YouTube channel.

Derek Howard, Local Journalism Initiative Reporter, MidlandToday.ca