Côte St. Luc has taken what it describes as the first step in addressing the growing number of places of worship operating in homes in strictly residential zones.
The city council unanimously adopted the first draft of a bylaw amendment that would allow religious groups to set up in certain buildings located in zones now uniquely commercial.
The proliferation over the years of the “non-conforming” places of worship—Jewish and mainly Orthodox—is a contentious issue in this suburb with a majority Jewish population of over 32,000.
All nine council members are Jewish.
The aim of the proposed statute is to encourage these synagogues and any new ones to move to the rezoned buildings—mostly shopping centres—or face the lengthy process of trying to have their current locations rezoned. Under Quebec law, residents living within a certain radius would have the final say in any zoning change.
Residents have complained that these places are exempted from municipal taxes under provincial law, despite their irregular status, and that they cause traffic and noise problems.
This was an issue, at times acrimonious, during November’s election, and re-elected Mayor Mitchell Brownstein promised to deal with it early in the new administration’s mandate.
“This process is not any easy one and we are trying to do it in a very gentle and delicate way… But we are going to get there doing it step by step, the way we are starting today,” Brownstein said at the March 14 council meeting.
The ultimate goal, he said, is to “create a future which accommodates the secular community and the religious community in harmony.”
The proposed amendment to Bylaw 2217, presented by councillor Dida Berku, adds religious usage to the permissible uses of four commercial properties: the Cavendish Mall, the Olymbec building on Westminster Avenue, the Adar building also on Westminster, and a strip mall on Kildare Road.
This will expand the options outside residential zones available to places of worship, she said, although it will be the choice of owners whether to rent or offer spaces to them. Currently, four other commercial buildings, including the Côte St. Luc Shopping Centre, are permitted to house religious institutions, Berku noted, as well as seniors’ residences, such as the two run by B’nai Brith.
“Of course, we know there are many synagogues in the community also that have large spaces available, so that’s another option,” she added.
The city’s website lists six recognized synagogues and one church. At the December council meeting Brownstein asked that an inventory be taken of all conforming and non-conforming places of worship.
Following public notice of this first draft before the end of March, residents will have 15 days to make their views known in writing before the council proceeds to second reading.
Brownstein said that non-conforming places that do not relocate will have to legitimate their status, but he believes the amended bylaw will provide “more than enough” alternatives outside residential zones.
“They can apply to stay where they are; it’s up to the public to agree or not. Many have been there many years and been accepted by the community. Others might not be,” he said.
“What we are doing today really is to ensure that the future of our community provides for the growth, where needed, of religious prayer in commercial zones, areas where the community will embrace, whether they are religious or not, that type of congregation.”
It’s not only small shuls in homes that have been a source of contention. A year ago, in the face of overwhelming public opposition, the council withdrew its support for the rezoning of vacant land designated residential that would have enabled the construction of a large synagogue by the Fondation Sépharade Kollel Avrechim, which has operated for years in a residential dwelling.
Darryl Levine, the city’s director of public affairs and communications, explained that the council at a later date will table a second draft bylaw listing the zones where the city will allow applications for a new use of a residential property.
“The bylaw does not automatically allow for the new use. It merely creates the mechanism for applicants to apply,” he emailed. “What this means in practical terms is that if a house is zoned for residential use but is currently being used as a place of worship, the city can authorize that use without changing the zoning of the property.”
