Zoning By-law 2017-117 Housekeeping Amendment

Section

Changes

Rationale

Entire Document

• Technical revisions to grammar, spelling, numbering, alphabetization, and updating of footnotes and internal document subsection references.

• The technical revisions to the document will provide clarity and improve the organization of the document. This will improve the overall Zoning By-law readability and understanding.

1

• Remove subsection 1.15

• Subsection 1.15 is a duplicate of subsection 2.3. The provisions of the subsection will be maintained in the by-law under subsection 2.3.

• Add a new subsection containing a transition clause for the proposed amendment.

• The inclusion of a transition clause will provide clarity in the application of the amendment in relation to current and future development applications and building permits.

4

• Add definitions:
• Access Aisle
• Access Driveway
• Block Townhouse
• Loading Space
• Pet Care Establishment
• Public Storage
• Principal Dwelling
• Shelter/Pavilion

• The listed definitions have been added into the by-law to provide clarity in the application and interpretation of existing permitted uses.

• Update definition names:
• Drive-Through Facility changed to Drive-Through Establishment,
• Landscaping changed to Landscaping/Landscape Area
• Lot Line, Flankage changed to Lot Line, Exterior
• Motor Vehicle Dealership changed to Motor Vehicle Sales Dealership
• Outside Storage changed to Outdoor Storage
• Parking Area, Surface changed to Parking Area
• Supportive Living Residence changed to Residential Care Facility
• Storage Yard to Salvage Yard

• The listed definitions have been renamed to provide consistency between the defined terminology and its use within the by-law. For example, to align references in the permitted uses tables with those listed in the definitions section.
• Any references to these definition names in the remainder of the by-law have been updated to reflect the changes.

• Remove definitions:
• Dwelling, Converted
• Play Lot

• The listed definitions have been removed as they can be applied under other existing defined terms and permitted uses.

• Revise the definition of Driveway

• The definition has been revised to reference a traditional residential driveway. A definition for access driveway has been added to speak to other types of driveways. Historically the by-law references the two differently but there was only one definition. The new definition also addresses the inclusion of hardscaping adjacent to a driveway that may serve as a walkway or as an informal widening of the driveway.

• Revise the definition of Semi-Detached Dwelling.

• The revised definition is intended to be exclusive from other dwelling types and provide clarity to interpretation and application.

• Revise the definition of Street Line.

• To provide greater certainty to the location of the street line.

• Revise the definition of Parking Area to improve its clarity.

• Removed the defined term from the definition making it precise.

• Revise the definition of Amenity Area to include references to parking areas and access aisles.

• To provide clarity in the interpretation and application of the definition by including all parts of a parking area and related uses in the definition.

• Revise the definition of Balcony to remove the requirement that balconies may not have support columns.

• To provide flexibility to the built forms of development while maintaining the provisions related to balconies and projections.

• Revise the definition of Parking Structure to explicitly include underground parking areas.

• Provide clarity to the interpretation and application of the definition.

• Revise the diagrams for lot types, and irregular frontage calculations.

• The diagrams have been updated to reflect the definitions. Lot type now includes a Corner Through Lot and the irregular frontage calculations show 6 metres where the previous image shows 7.5 metres.

• Revise the definition of Lot Frontage to include calculation methods for front lot lines which are curved or otherwise not straight.

• Adding in provisions for chord frontage will allow for a more consistent approach to calculating lot frontages for lots without a straight front lot line and makes the calculation of lot frontage independent from the shape of the lot which allows for a more consistent measurement.

• Revise the definition of Food Production

• Removing the constraint of a “limited number of” products expands the applicability of the permitted use.

5

• Revise subsection 5.2

• The revisions reflect the legislation set out in Bill 23 relating to Accessory Dwelling Units.

• Revise subsection 5.3.1 to permit sea-can containers for storage purposes in the agricultural and industrial zones.

• Added provisions to permit and regulate the use of sea-can containers in the agricultural zones.

• Revise subsection 5.6 to reorganize the provisions for different condominium tenures.

• This subsection was reorganized to provide greater clarity and consistency in the provisions related to different condominium tenures

• Revise subsection 5.10.2 to identify maximum encroachment regulations for interior side yards and rear yards for balconies and awnings.

• The added provisions permit and regulate balconies and awnings in interior side yards and rear yards. The new provisions limit how far into a required interior side yard or rear yard a balcony or awning can project.

• Removal of subsection 5.10.5 f)

• The subsection is a duplication of subsection 5.10.5 b) and can be removed.

• Revision of subsection 5.10.6

• Revised to include access driveways.

• Identify provisions for generators in subsection 5.10.7

• Generators were added into this section to provide applicable provision for their use.

• Revise subsection 5.18 h) to allow for multiple chair hairdresser or barbers as a home occupation where the additional chairs are used by residents of the home.

• This change supports home occupations and allows for more than one chair to be used provided that it is being used by a resident of the home in which the home occupation is occurring.

• Removal of subsection 5.26

• To provide greater clarity to the related subsections and reduce overlap of provisions.

• Revise subsection 5.38 to introduce a provision that precludes sight triangle from being interpreted as front lot lines where they are the shortest lot line abutting a street.

• Sight triangles are intended as a safety feature and are not intended to be interpreted as a front lot line for the purpose of zoning regulation interpretation.

• Revise subsection 5.41 to reference Through Corner lots and clarify the provisions.

• The inclusion of provisions for through corner lots, and the refining of provisions for corner lots are intended to provide greater clarity in the application and interpretation of those lot fabric types.

6

• Revise subsection 6.1.1 to reference required parking where the phrase minimum parking was used.

• The reference to required parking instead of minimum parking will ensure that the appropriate provisions are referred to when assessing exclusive use and parking requirements for development.

• Combine subsections 6.1.6 and 6.1.8

• Combined the two subsections to promote consistency of interpretation and improve the clarity of the provisions.

• Revise subsection 6.6 to identify tiered dimensions for required loading spaces.

• To provide flexibility to developments of different scales and types. The different dimensions should reflect the scale of the development and the lot size

• Revise subsection 6.9 relating to residential parking location and related requirements, but not a reduction to the required parking rate.

• The minimum distance from the street line has been removed to provide flexibility in built form, parking location, driveway width and lot layout.

• Revise subsection 6.12.2 to reference required parking provisions where the terminology “legal parking space” was used.

• The reference to required parking instead of legal parking space will ensure that the correct dimensions and zoning provisions related to parking requirements is referenced in association with subsection 6.12.2.

7

• Revise zoning regulations for two-unit dwellings in the RL2 zone to be the same as single-detached dwellings in the RL2 zone.
• Add Street Townhouse and associated regulations to Table 7.3.1 for the RL2 zone as it is a permitted use in table 7.2.1 for the RL2 zone.

• Provides consistency in zoning regulations across similar built forms.

8

• Add “Block Townhouse” as a permitted use in the CC1 Zone.

• Include the block townhouse built form to align with similar existing permitted residential built forms.

9

• Revise the zoning regulations for the Welland Recreational Waterway zone (WRW) to use the RL2, RM, and RH zoning provisions where appropriate

• Expanding the referenced zoning provisions to include the RL2 Zone because there were permitted uses available in the WRW Zone that were not encompassed in the RM Zone or RH Zone.

11

• Revise the permitted use of “Retail” to be “Retail Establishment”

• Name revised to reflect the defined term.

• Organizational revisions across the section tables.

• Minor adjustments throughout the section to ensure tables are arranged alphabetically and grouped properly.

12

• Revise the permitted use of “Storage Yard” to be “Salvage Yard”

• Name revised to reflect the defined term.

13

• Revise the permitted use of “Lumber Yard” to be “Building and Lumber Supply Establishment” in Table 13.2.1 and in Table 13.3.1

• Name revised to reflect the defined term.

• Revise the permitted use of “Outside Storage” to be “Outdoor Storage”

• Name revised to reflect the defined term.

Schedule “A”

• Mapping change to Map F5 of Schedule “A”

• To revise the zone of the industrial area from Light Industrial to be Gateway Economic Centre.

Schedule “B”

• Text change to Amendment 61

• Revise the text of Amendment 61 to correctly reference the A1 zone where it currently references the site-specific zone of A1-61.