Notice of Statutory Public Meeting for April 4, 2023, proposed Zoning By-law Amendment, Housekeeping, Technical and other Modifications, Town-Initiated

Statutory Public Meeting
Proposed Zoning By-law Amendment
Housekeeping, Technical, and other Modifications
Town-initiated
Files: 42.25.21 and 42.26.02, town-wide

Tuesday, April 4, 2023, at 11 a.m.
Videoconference broadcast
Town Hall, 1225 Trafalgar Road

You are invited to attend and provide input at this videoconferencing meeting hosted by the Commissioner of Community Development.

Currently attendance at Town Hall is restricted. Instructions on how to view the meeting or participate by written submission, videoconference or telephone are provided below.

The Planning Services department will be presenting a recommendation report with respect to the proposed Housekeeping Zoning By-law Amendment at this meeting.

The purpose of the proposed omnibus amendments to Town of Oakville Zoning By-law 2014-014, as amended (applicable to the lands shown in grey below) and Town of Oakville Zoning By-law 2009-189, as amended (applicable to the lands shown in white below) is to make a number of housekeeping, technical and other modifications affecting all zones or site specific regulations to assist in the use and interpretation of the Zoning By-laws and implement the Official Plan and implement recent amendments to the Planning Act.

The effect of the omnibus amendment to Zoning By-law 2014-014, as amended would be as follows:

• replacing all references to “Existing Development” with “Future Development” and all references to “ED” with “FD” including maps to reflect the intention of the zone for future development
• updating all references to “accessory dwelling” to “accessory dwelling unit”
• modifying the footnotes related to and regulations for accessory dwelling units to allow for a maximum of two accessory dwelling units on a lot containing a detached dwelling, semi-detached dwelling, linked dwelling or townhouse; to allow an accessory dwelling unit in an accessory building; and to remove restrictions on the size of an accessory dwelling unit and location of access to conform with recent updates to the Planning Act.
• update various sections of the by-law to use consistent language throughout the by-law
• updating various tables and footnotes within the by-law for clarification and consistency purposes
• including height and setback exceptions and regulations for rooftop solar panels since the Green Energy Act which exempted solar panels has been repealed
• modifying the definitions of “marina”, and “multiple dwelling” to add clarity
• adding a new definition for “step-back” to add clarity
• modifying allowable encroachment for generators and uncovered platforms less than 3.0 metres in height
• deleting cupolas from s. 4.6.2 since they are already exempted under s.4.6.5
• modifying s. 4.7 c) to replace “building” with “fully enclosed structure” used for garbage containment
• clarifying barrier free parking space requirements when only one barrier free space is provided
• modifying Tables 6.3.2 and 6.3.5 to include a row for Residential Floor Area to include a reference to the (“-0”) suffix to be consistent with Table 6.3.1
• modifying s. 15.72.2, special provision for 576 Bronte Road, to clarify that the additional regulations only apply to the additional permitted use
• amending Map 19(8) for 461 Trafalgar Road to remove special provision sp: 202 which was erroneously applied and adding special provision sp: 7 to the property to implement By-law 2012-052. 

The effect of the omnibus amendment to Zoning By-law 2009-189, as amended, would be as follows:

• updating all references to “second suite” to “accessory dwelling unit” and updating the definition to be consistent with the South Oakville Zoning By-law 2014-014 and conform with recent updates to the Planning Act
• modifying the footnotes related to and regulations for second suites to replace with “accessory dwelling unit” and allow for a maximum of two accessory dwelling units on a lot containing a detached dwelling, semi-detached dwelling, linked dwelling or townhouse; to allow an accessory dwelling unit in an accessory building; and to remove restrictions on the size of an accessory dwelling unit to conform with recent updates to the Planning Act.
• update various sections of the by-law to use consistent language throughout the by-law
• updating various tables and footnotes within the by-law for clarification and consistency purposes
• removing the defined term and references to “personal service shop” and embedding the definition within the definition of “service commercial” and making related changes for consistency
• adding a new definition for “step-back” to add clarity
• clarifying that when calculating lot depth publicly-owned 0.3 metre (one foot) reserve and the daylight triangles adjoining the lot are included
• include height and setback exceptions and regulations for rooftop solar panels since the Green Energy Act which exempted solar panels has been repealed
• clarifying that any required parking spaces and loading docks shall be located on the same lot on which the use is located
• clarifying that a motor vehicle shall only be parked outdoors if it is entirely located on a driveway, surface parking area, or the roof of a parking structure/garage on a lot with residential uses
• updating the requirement for accessible parking spaces to apply based on all parking spaces provided on the lot
• clarifying accessible parking space requirements when only one accessible parking space is provided
• clarifying that minimum height regulations do not apply to commercial, post-secondary, private or public schools in institutional zones to align with the permissions for schools in other zones under the by-law
• modifying s. 8.118 and 8.119 to fix errors in references to section numbers
• amending Map 12(4) by replacing the reference to “O1” with “P” since O1 is not a zone under the by-law and was erroneously applied
• amending Map 12(5) by re-aligning the zoning boundary for NC-40 south of William Crawley Way to align with the lot lines abutting the adjacent lanes

If a person or public body would otherwise have an ability to appeal the decision of the Town of Oakville to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Commissioner of Community Development c/o the Town Clerk at the Town of Oakville, Clerk’s department, 1225 Trafalgar Road, Oakville, ON L6H 0H3 (Dropbox is located in front of Town Hall) or at TownClerk@oakville.ca before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Commissioner of Community Development  c/o the Town Clerk at the Town of Oakville, Clerk’s department, before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

If you wish to be notified of the decision of the Town of Oakville on this matter, you must make a written request to the Town Clerk at the Town of Oakville, Clerk’s department, 1225 Trafalgar Road, Oakville, ON L6H 0H3 or at TownClerk@oakville.ca 

Any submission to the Commissioner of Community Development, either in hard copy or in electronic format, must be forwarded to the Clerk's department for receipt no later than noon on April 3, 2023, to ensure its availability to the Commissioner of Community Development at the meeting. Individuals wishing to make an oral submission at the public meeting are strongly encouraged to contact the Clerk’s Department by noon on April 3, 2023 by email to: TownClerk@Oakville.ca or call 905-815-6015 to register as a delegation and to obtain instructions on how to participate.

All submissions should include the full name and address of the presenter.

For more information about this matter, including information about preserving your appeal rights, you may view the information on the Town’s website, or contact Catherine Buckerfield, Senior Planner, Building Services department at 905-845-6601, ext. 2084 (TTY 905-338-4200) or at catherine.buckerfield@oakville.ca 

If you have any accessibility needs, please advise Catherine Buckerfield one week before the meeting.

The personal information accompanying your submission is being collected under the authority of the Planning Act, R.S.O. 1990, c. P.13, as amended, and may form part of the public record which may be released to the public.

Dated at the Town of Oakville, March 9, 2023