Notice of Passing for Town Initiated proposed Zoning By-law Amendment to make a number of housekeeping, technical and other modifications affecting all Zones

Thu, 23 Mar 2017

File 42.25.16, Ward 1-6

Council passed zoning by-law 2017-025 under section 34, of the Planning Act, R.S.O. 1990, c. P.13, as amended, on March 20, 2017.

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

Part 1, Administration, would be modified by:

  • relocating s. 4.22, Reduction of Requirements, to s. 1.4, Compliance with this By-law and Certificates of Occupancy;
  • adding a new s. 1.10, Technical Interpretation, to allow interpretation of the by-law required for corrections to typographical errors and punctuation, etc. provided the intent is not affected; and,
  • addressing approved site plans and minor variances where the Zoning By-law has subsequently been amended in s. 1.8.2, Transition Matters, Recently Approved Planning Applications.

Within Part 2, Establishment of Zones, s. 2.3.2(b), Determining Zone Boundaries, Split Zoning, would be modified to improve clarity.

Within Part 3, Definitions, the definitions of “Day Care”, “Dwelling Depth”, “Floor Area, Residential”, “Lot Line, Flankage” and “Storey” would be modified to improve clarity, and definitions would be added for “Mezzanine”, “Parking Space, Stacked” and “Transit Station, Major”.

Part 4, General Provisions, would be modified by:

  • adding rows to address industrial or mechanical equipment in the E2 and E3 zones, landscaping features, and uncovered platforms attached to pools, in s. 4.3, Allowable Projections, Table 4.3, Allowable Building and Structure Encroachments and Projections;
  • adding a footnote to Table 4.3 establishing a maximum height for encroaching or projecting air conditioners, heat pumps, swimming pool pumps, filters and heaters, including any appurtenances thereto;
  • requiring architectural screening for rooftop mechanical equipment in all zones in s. 4.6.4, Exceptions to Height Provisions, Rooftop Mechanical Equipment and Mechanical Penthouses;
  • adding regulations for cupolas to s. 4.6.5, Skylights (and Cupolas);
  • exempting lots used for stormwater management facilities or major transit stations from the requirement to have frontage on a public road in s. 4.13, Lot Frontage Requirements;
  • clarifying the wording of s. 4.19.2, Pipeline Setbacks, Sarnia Products/Imperial Oil Pipelines;
  • addressing lot or unit rentals in s. 4.25.3, Temporary Uses, Temporary Sales Offices;
  • deleting s. 4.22, Reduction of Requirements (relocated to s. 1.4) and renumbering the remaining clauses in Part 4

Part 5, Parking, Loading & Stacking Lane Provisions would be modified by:

  • addressing the permitted locations for visitors parking spaces in the Additional Regulations for Minimum Parking Ratios Table 5.2.1 and Growth Area Parking Spaces Table 5.2.2;
  • clarifying the wording of s. 5.2.3, Motor Vehicle Parking Space Dimensions, and also providing dimensions for tandem and stacked parking spaces (i.e., 3.0 m x 5.7 m);
  • removing clauses from s. 5.8.1, Driveways and Private Garages Associated with Residential Uses, General Provisions, that are addressed elsewhere or replaced by this by-law;
  • adding clauses to s. 5.8.1 to: require direct access to required parking spaces; set a maximum setback for a parking space accessed by a rear lane; and, permit a maximum of one attached private garage per dwelling;
  • permitting tandem and stacked parking spaces for any dwelling in s. 5.8.1(e) and relocating it to a new s. 5.1.10; and,
  • correcting the minimum setback to a private garage in s. 5.8.7, Private Garage Setbacks and Projections, to be 5.7 m.

Part 6, Residential Zones, would be modified by:

  • adding a “Maximum residential floor area” row to Table 6.3.1, Regulations in the Residential Low RL1, RL2, RL3, RL4, RL5, and RL6 Zones, that references the “-0 Suffix” footnote and regulations for the RL1-RL5 Zones, and a ratio of 75% for the RL6 Zone, subject to footnote 7, which would be changed to have a floor area dimension of 355 m2;
  • clarifying the wording of the “Minimum lot area” rows of Regulations Tables 6.3.7 (RUC Zone) and 6.3.8 (RM Zones) and s. 6.4.3, Minimum and Maximum Front Yard;
  • replacing the footnote annotation “(3)” with “(3, 6)” in the “Minimum rear yard” row of Table 6.3.7 (RUC Zone), and adding a footnote 6 to permit a minimum setback of 0.3 m from the rear lot line to a private garage accessed by a rear lane in the RUC Zone; and,
  • deleting s. 6.5.2(b), Accessory Buildings and Structures, Regulations, as it is redundant.

Within Part 8, Mixed Use Zones, Table 8.2, Permitted Uses in the Mixed Use Zones, would be modified by adding “Live-work dwelling” as a permitted use in the Central Business District (CBD) Zone.

Within Part 9, Commercial Zones, footnote 1 to Table 9.3, Regulations, would be modified for clarity with respect to front or flankage yards on corner lots.

Within Part 10, Employment Zones, Table 10.2, Permitted Uses, would be modified by deleting the duplicate “Repair shop” row, and footnote 1 to Table 10.3, Regulations, would be modified for clarity with respect to front or flankage yards on corner lots.

Within Part 14, Other Zones, Table 14.2, Permitted Uses, would be modified to add “Major transit station” as a permitted use in the Utility (U) Zone, subject to a new footnote 2 to limit the location and allow for limited accessory uses, which shall be exempt from the yard, setback and parking regulations of the By-law.

Part 15, Special Provisions, would be modified by:

  • replacing references to “outdoor display and sales area” in s. 15.3 (Additional Motor Vehicle Use Permissions), s. 15.29 (1275-1535 North Service Rd. W.) and s. 15.64 (Oakville Place) with “outside display and sales area”, a defined term;
  • adding “Major transit station” and limited accessory uses to a major transit station as additional permitted uses to s. 15.4 (Area Surrounding Bronte GO Station), along with new zone and parking provisions;
  • setting a minimum rear yard setback to a private garage in s. 15.180 (2379-2437 Sixth Line, The Greenery, Chester St., Bridgewater Rd., The Promenade and 2340-2442 Munn’s Ave.) as legally existing on the effective date of this By-law;
  • replacing the term “outdoor display and sales area” in s. 15.197 (340-412 Dundas St. E.) with “seasonal garden centre”; and,
  • clarifying the parking rate for uses combined with a business office in s.15.341.1 (Wallace Rd., York St., Speers Rd.).

Further, all Permitted Uses Tables, except Table 7.2 (Midtown Oakville), would be modified by deleting all use category subheadings and reorganizing the permitted uses alphabetically.

Zoning By-law 2014-014, as amended, applies to all lands south of Dundas Street and north of Highway 407. All lands subject to Zoning By-law 2014-014, as amended, are affected by the proposed amendments to the text of the By-law.  A number of individual sites are also affected by the proposed amendment through amended or additional site-specific regulations.

No key map is provided as the proposed by-law amendment applies to all lands subject to Zoning By-law 2014-014, as amended.

Council’s decision did consider oral submissions provided.

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 with a certified cheque or money order in the amount of $300.00 payable to the Minister of Finance.  A copy of the appeal form is available from the Ontario Municipal Board.

Only individuals, corporations or public bodies may appeal a by-law to the Ontario Municipal Board. 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 Council c/o the Town Clerk or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

The public may view planning documents and background material at the Planning Services department between 8:30 a.m. and 4:30 p.m., Monday through Friday or online.

Questions may be directed to:

Lesley E. Gill Woods
Senior Planner
Planning Services Department
905-845-6601, ext. 3261 (TTY 905-338-4200)

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.