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Notice of Passing Regarding the Proposed Housekeeping Amendment to Zoning By-law 2000-57

Posted on Thursday July 04, 2019

NOTICE OF PASSING REGARDING THE PROPOSED HOUSEKEEPING AMENDMENT TO ZONING BY-LAW 2000-57

TAKE NOTICE that Council of the Corporation of the Township of Tay passed by-law 2019-45 on the 26th day of June 2019, pursuant to Section 34 of the Planning Act, R.S.O 1990, being an amendment to Zoning By-law 2000-57.

The Purpose and Effect of the proposed amendments to Zoning By-law 2000-57 is to make a number of housekeeping or technical changes including clarification to definitions and general provisions.

There is no key map attached to this notice given that the provisions of this by-law apply to the entire Township.

As directed by Council, the Township’s Planning and Development Department commenced the preparation of a Housekeeping Amendment to Zoning By-law 2000-57, as amended.  The proposed Housekeeping Amendment was to address a number of formatting, interpretation and technical issues that have been identified through the day-to-day use of the By-law.  The following identifies the major changes that will occur to the Zoning By-law and identifies the new standards/provisions proposed.

The purpose of the proposed housekeeping amendment seeks to simplify wording and clarify the intent of ambiguous provisions and proposes:

Definitions: Section 3.0

- Clean up the definitions within the By-law by ensuring consistent use of terms.

- Add the following definitions:

Medical/Cannabis Production Facility, Pre-Fabricated Shipping Container, Refuse Construction Bin, Utility Trailer, Private Home Daycare, Fourplex Dwelling

General Provisions: Section 4.0

-      Add Pre-fabricated Shipping Container to not being permitted as an accessory building within a residential zone.

-      Add provisions to consider decks which are attached or abutting the main use (dwelling) be not included as parted of the accessory building lot coverage, but rather the lot coverage of the main use.

-      Add a provision for accessory buildings/structures on lots in the Agricultural and Rural Zones which are less than 2 hectares in lot area, to a maximum ground floor area of any one detached accessory building or structure be 100 m2.

-      Modify the interior side and rear yard setbacks for an accessory building/structure from 1.0 metres to 2.0 metres.

-      Add new provision to allow for one (1) detached accessory buildings in the front yard in a residential zone, provided it meets the front yard setback of the main building (dwelling).

-      Add new provision that the minimum required setback for an accessory building/structure for a through lot shall be the same as the main building on the lot.

-      Add provisions that accessory buildings/structures are to have a minimum setback of 1.0 metres from the main building and be setback 1.0 metres from another accessory building or structure.

-      Add new provisions relating to accessory buildings/structures which are less than 10 square metres.

-      Amend the Home Occupation and Home Industry provisions to separate the two and provide more flexibility for allowing for these uses to operate within the Township.

-      Amend to add the wording “further encroach or increase the usable floor area in a required yard, further reduce any setback” in the legal non-complying building, structures and lots section.

-      Add new provision to allow for a deck which is attached or abutting a dwelling to encroach a maximum of 0.5 metres into the required interior and/or exterior side yard setbacks on one side of the dwelling.

-      Modify the “Storing of Special Vehicles” section of the By-law and provide clarity to the policies as it relates to the storage of special vehicles in residential and agricultural/rural zones.

-      Replace the term “trailer” with Utility Trailer” and clarify with the addition of “travel trailer”

-      Add new provisions to allow for the temporary storage of pre-fabricated shipping containers and Refuse Construction Bin on driveways in residential zones.

-      Add new provisions as it relates to breezeways.

Parking and Loading Requirements: Section 5.0

-      Add reference for fourplex dwellings for parking requirements.

Multiple Residential “R3” Zone: Section 10

-      Add zoning provisions for triplex and fourplex dwellings

General Industrial “M1” Zone: Section 22

-      Add Medical/Cannabis Production Facility as a permitted use

Prestige Industrial “M2” Zone: Section 23

-      Add Medical/Cannabis Production Facility as a permitted use

THE COMPLETE ZONING BY-LAW AMENDMENT is available for inspection between 8:30 a.m. and 4:30 p.m. in the Planning Department in the Municipal Building, 450 Park Street, Victoria Harbour, Ontario, L0K 2A0.  Information is also available on the Township website at http://www.tay.ca/en/your-municipality/planning-policies-and-by-law.asp

CORRESPONDENCE RECEIVED from the public and external agencies on the proposed amendment were summarized and included in the Planning and Development Department Report (PD-2019-20) for the Public Meeting on April 24th, 2019. Comments received after the public meeting were summarized and considered in the preparation of the final Zoning By-law and are included in the Public Meeting section of the Planning and Development Report (PD-2019-25) dated June 12th, 2019.

APPEALS: Any appeals of the zoning by-law amendment must be filed with Alison Gray, Municipal Clerk, 450 Park Street, Victoria Harbour, Ontario, L0X 2A0, on or before the 24th day of July, 2019, setting out the reasons for the appeal together with a certified cheque or money order in the amount of $300.00, payable to the Minister of Finance. Please refer to the Tribunal website for the Appellant Form (A1) and more information on filing an appeal (http://elto.gov.on.ca/tribunals/lpat/about-lpat/).

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 council or, in the opinion of the Tribunal there are reasonable grounds to add the person or public body as a party.

 

Dated at the Township of Tay on the 4th day of July, 2019.

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Steven Farquharson, B.URPL, MCIP, RPP
Director of Planning & Development