Notice of passing for a town-initiated and town-wide zoning by-law amendment
Fri, 14 May 2021
Notice of Passing
Proposed Zoning By-law Amendment
Town-initiated, Town Wide
42.25.20, Wards 1 to 7
Council passed zoning by-law 2021-068 under section 34, of the Planning Act, R.S.O. 1990, c. P.13, as amended on May 10, 2021.
The purpose of the omnibus amendment to Zoning By-law 2014-014 is to make a number of housekeeping, technical and other modifications affecting numerous zones, which would assist in the use and interpretation of the Zoning By-law and implement the Livable Oakville Plan.
The effect of the omnibus amendment to Zoning By-law 2014-014 would be as follows:
Part 1, Administration, would be modified by:
- adding a new s. 1.11 Interpretation of Words, to assist with the interpretation and implementation of by-law
- adding a new s.12 Construction Tolerance, to assist with minor construction errors or slight measurement discrepancies
- modifying s. 1.4, to assist with the issuance of Certificates of Occupancy
Part 2, Establishment of Zones, would be amended by:
- modify s. 2.3.2 Split Zoning, to provided additional clarity and assist with interpretation and implementation of the by-law
Part 3, Definitions, would be amended by:
- modifying the definitions of “Floor Area, Residential”, “Residential Floor Area Ratio”, “Attic”, “Pet Care Establishment”, “Structure”, “Manufacturing”, “Lot Area”, “Lot Coverage”, “Storey”, “Grade, Established”, “Yard, Flankage”, “Yard, Front”, “Yard, Interior Side”, “Yard, Rear”, “Parking Area, Heavy Vehicle”, “Motor Vehicle Service Station”, “Park, Public”, and “Stacking Lane” for clarification purposes.
Part 4, General Provisions, would be amended by:
- modifying s. 4.11.1, to clarify the requirements for landscaping
- modifying s. 4.25.2, to clarify model homes are not subject to s.4.14
- modifying s. 4.25.3, to clarify temporary sales offices are not subject to s.4.14
- modifying s. 4.1.1 b), to clarify the permitted uses as per Table 6.2.1
- modifying s. 4.3, to clarify the allowable projections and encroachments
- modifying Table 4.3, to add window wells
- modifying s. 4.22 (b), to assist with the interpretation and implementation of by-law for shipping containers
- modifying s. 4.25.1, to clarify the permitted uses incidental to construction
- modifying Table 4.3, as it relates to uncovered platforms in the RL6 Zone
- modifying Section 4.16.1 as it relates to rooftop terraces
- modifying Table 4.11.2 by deleting “Manufacturing” from row 7
- modifying Table 4.3 by adding to the Applicable Yards as it relates to encroachments for industrial or mechanical equipment
- modifying Table 4.3 by adding to the Applicable Yards as it relates to encroachments attached to a pool structure
- modifying Table 4.3 by adding to Applicable Yards as it relates below grade access stairs in the flankage yard
- restructuring Section 4.6.2 as it relates to the height of parapets, rooftops and skylights
- restructuring Section 4.6.3 as it relates to parapets
- restructuring Section 4.6.4 as it relates to rooftop mechanical equipment penthouses
- restructuring Section 4.6.5 as it relates to skylights and cupolas
- restructuring Section 4.6.6 as it relates to rooftop terraces and renumbering accordingly.
- adding a new Section 4.28 Screening for Rooftop Mechanical Equipment as it relates to restructuring Section 4.6.
Part 5, Parking, Loading & Stacking Lane Provisions, would be amended by:
- modifying s. 5.8.4 a), to clarify how the measurement is taken
- modifying Table 5.2.1, to clarify that footnote 2 b) does not apply to apartment dwellings
- modifying Table 5.2.2, to clarify that footnote 2 b) does not apply to apartment dwellings
- modifying s. 5.5.2, to clarify where the stacking spaces are counted from
- modifying s. 5.8.2 c), to assist with the interpretation and implementation of by-law pertaining to combined maximum driveway widths
Part 6, Residential Zones, would be amended by:
- adding a side note to s. 6.3, to clarify that section 6.10 applies when they are divided by Part Lot Control
- modifying s. 6.5.2, to clarify that yard requirements are the same for accessory buildings as the dwelling, unless otherwise noted
- modifying modifying Section 6.4.1 and adding the modified regulations removed from the definition of Residential Floor Area
Part 8, Mixed Use Zones, would be amended by:
- modifying Footnote 1 of Table 8.2, to assist with the interpretation and implementation of by-law
- modifying Footnote 3 a) of Table 8.2, apply regulation to allow for accessory dwelling uses below the first storey
- modifying Footnote 3 b) of Table 8.2, to apply regulations to condominiums
Part 10, Employment Zones, would be amended by:
- modifying modifying Table 10.2 and Section 10.2 where it relates to Parking area, heavy vehicle, by adding Footnote 18
- modifying Table 10.2 and Section 10.2 where it relates to Outside storage, by adding Footnote 18
Part 15, Special Provisions, would be amended by:
- modifying s. 15.22.1, Zone Provisions i), to allow 1.0 m projection into minimum yards
- modifying s. 15.117 by adding linked dwelling as a permitted use, to correct that linked dwellings are an existing use on Maidstone Crescent, but are not a permitted use
- modifying s. 15.44.1 f), to be corrected as per old Special Provision 434
- modifying Section 15.44.1 g), to be corrected as per old Special Provision 434
- modifying Table 335, to clarify that a Day Care is a permitted use in the E2 Zone, introduced through by OMB Decision PL140317
Council’s decision reflect that no comments were received from the public or, if comments are received, that they have been appropriately addressed.
No key map is provided as the proposed by-law amendment applies to all lands subject to Zoning By-law 2014-014, as amended.
Any appeals to the proposed zoning by-law amendment must be filed with the Town Clerk at 1225 Trafalgar Road, Oakville, ON, L6H 0H3; must set out the reasons for the appeal; and must be accompanied by the fee required by the Local Planning Appeal Tribunal. A copy of the appeal form is available from the Local Planning Appeal Tribunal.
Only individuals, corporations and public bodies may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.
No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the Town of Oakville Council c/o the Town Clerk (at the Town of Oakville, Clerk’s department, 1225 Trafalgar Road, Oakville, ON L6H 0H3 or at TownClerk@oakville.ca) or, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.
The public may view the Staff Report that was presented to Planning and Development Council Agenda of May 10, 2021 listed as Agenda Item 6.5.
Questions may be directed to Brandon Hassan, Planner, Planning Services department at 905-845-6601, ext. 3006 (TTY 905-338-4200), by email at email@example.com.
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 can form part of the public record which may be released to the public.
Last date for filing a notice of appeal: June 3, 2021