Report to: Development Services Committee Report Date:
SUBJECT: PRELIMINARY REPORT
Town Initiated Zoning By-law Amendment Recognizing Legal Non-complying Lots, Buildings and Structures and Those Resulting from Land Acquisitions
PREPARED BY: Sally Campbell – Senior Planner, Zoning & Special Projects.
RECOMMENDATION:
1) That the report dated May 5, 2009 entitled “Town Initiated Zoning By-law Amendment Recognizing Legal Non-complying Lots, Buildings and Structures and Those Resulting from Land Acquisitions”, be received;
2)
And That a Public Meeting be held to consider the Zoning
By-law Amendment, which seeks to recognize buildings, structures, yards and
parking areas made non-complying by an acquisition of land by a public
authority and to ensure that consistent treatment and permissions are provided
for throughout the Town respecting legal non-complying lots, buildings,
structures and yards;
3) And further that, Staff be authorized and directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not required.
PURPOSE:
The purpose of this report is to introduce a proposed Zoning By-law Amendment, which will amend all of the Town’s parent By-laws, to recognize legal non-complying (non-conforming) lots, buildings and structures; and that where land is acquired by a public authority, the remaining property is not unduly restricted by the adjustment of lot lines with regards to building set backs, coverage requirements and parking. The report also seeks authorization to present the draft Zoning By-law at a future public meeting.
BACKGROUND:
In October 1991 By-law 220-91 was enacted with the purpose of recognizing legal non-complying buildings in existence prior to the effective date of said By-law. This permitted the enlargement or alteration of a legal non-complying building without the need for approval of the Committee of Adjustment. However, By-law 220-91 does not effectively deal with legal non-complying lots and there is some inconsistent terminology with 220-91 and more recent Zoning By-laws, such as 177-96. Further, there is no consistent general provision regarding buildings, structures and lots that have been affected by land acquisitions and cannot meet the applicable development standards.
The acquisition of land for public
purposes occurs when public bodies, such as provincial government, regional and
local municipalities, boards or commissions acquire land either through
negotiation or as provided for by legislation under the
It is common practice that municipalities acknowledge such situations of non-compliance that has resulted from the acquisition of land for public purposes by a public authority; and, that for the purpose of reviewing Zoning By-law compliance the original lot lines are used to determine setbacks and calculate lot area.
Further, it is widely accepted that, subject to approval of the Committee of Adjustment, where an existing lot, building or structure, the use of which is legal, does not comply with specific zone standards, such uses can be carried on and buildings altered in a manner that would not increase the non-complying condition provided all other zone standards are achieved.
OPTIONS/ DISCUSSION:
Non-complying Lots, Buildings and Structures Resulting from Land
Acquisitions by a Public Authority
In the majority of cases land is
acquired by a public body to provide for planned roadway extension or widening
or to accommodate infrastructure or soft services associated with existing
development and planned growth. Examples
of such municipal projects currently underway in the Town where land
acquisitions are a vital component include the
Regardless of whether land is attained for public purposes through negotiation or expropriation or as a condition of a development agreement, land acquisitions ultimately result in a) the transfer of title of a parcel of land from the original property owner to the public authority; and, b) an adjustment of the lot lines on the retained property.
The adjustment of lot lines in this manner means that the area of the original property is reduced, which can lead to a contravention of applicable Zoning By-law provisions. In particular provisions relating to minimum yard setbacks and maximum lot coverage cannot be met whether there is an existing building on the property or whether a property is vacant. Furthermore, land acquisitions can potentially remove space from a property that may have been used for parking or vehicular circulation resulting in a shortfall in the number of required parking spaces and a reduction in permitted dimensions or locations of driveway aisles etc. These contraventions often create issues for owners if they come to sell their properties.
In order for the Town to develop a
consistent approach, current with best practice, with regard to ongoing cases
of land acquisition across
Land Acquisition and Reduction in Parking Space Requirements
The final part of the proposed amendment relates to contraventions to the Parking Standards By-law, 28-97, as a result of an acquisition of land by a public authority.
In the event that an acquisition of land means that the minimum required number of parking spaces, minimum size of spaces, minimum width of a driveway, location of parking spaces and/or driveways or minimum required setbacks and/or yards for driveways and/or parking spaces cannot be complied with then By-law 28-97 will be deemed to have been complied with to the extent that it was complied with on the day before the land acquisition was finalized.
Existing Legal non-conforming lots, buildings and structures
Throughout the Town are properties, the ongoing use of which is legal, but whereon buildings and structures do not comply with current zone provisions or where frontages or lot areas do not meet current requirements. Many of these existed prior to recent zoning or have been created as a result of earlier zoning by-law amendments and changes to development standards over time.
The consequence of an existing lot, building or structure having legal non-complying status is that an application to the Committee of Adjustment is necessary for any alteration to the existing building or structure that would otherwise be permitted under the applicable Zoning By-law. Such properties, if vacant, often appear unattractive to market due to the non-complying status and can only be developed or redeveloped following approval of an application to the Committee of Adjustment for relief from the relevant zone provisions.
The proposed By-law Amendment, if enacted, will permit the enlargement, repair or renovation of an existing building or structure provided such work does not increase the situation of non-conformity and provided all other applicable provisions of the By-law are met. Further, the By-law will permit a legal non-complying lot in existence prior to the effective date of this proposed new By-law to be used and buildings to be erected, enlarged, repaired or renovated provided that all other provisions of the applicable Zoning By-law are met.
By-law 220-91, which amended most of the Town’s By-laws, allows development that conforms to the zoning to occur where a legal non-complying building is present. This By-law will repeal By-law 220-91 and incorporate the new provisions directly into the appropriate section of each parent By-law.
In addition to incorporating the new provisions into the Town’s parent By-laws new definitions are required to be added; for instance “PUBLIC AUTHORITY” is separately defined.
The Draft Zoning By-law Amendment is attached in its entirety as Figure No.1.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
None.
HUMAN
RESOURCES CONSIDERATIONS
Not applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Not applicable.
BUSINESS UNITS CONSULTED AND AFFECTED:
The draft By-law has been circulated for review and comment to;
Supervisor – Zoning, Zoning Plan Examination;
Manager - Real Property, Legal Services; and,
Property Negotiator / Appraiser,
Legal Services.
RECOMMENDED
BY: ________________________ ________________________
Jim Baird, MCIP RPP. Biju Karumanchery, MCIP RPP. Commissioner of Senior Development Manager
Development
Services
ATTACHMENTS:
Figure No. 1 – Draft Zoning By-law Amendment
Q:\Development\