Report to: Development Services Committee Report Date:
SUBJECT: PRELIMINARY REPOPRT
Town
initiated Zoning By-law Amendment Relating to Development Standards for Accessory
Buildings & Structures in all Residential Zones in the Town of
PREPARED BY: Sally Campbell – Senior Planner, Zoning & Special Projects
RECOMMENDATION:
1) That the report dated June 16, 2009, entitled, “Town initiated Zoning By-law Amendment Relating to Development Standards for Accessory Buildings & Structures in all Residential Zones in the Town of Markham”, be received;
2) And That a Public Meeting be scheduled, following a workshop with Members of Council, for the purpose of giving the public an opportunity to understand and make representation in respect of the proposed by-law amendment;
3) And 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 provide
preliminary information regarding a Town initiated Zoning By-law amendment,
which will have the affect of applying consistent zoning provisions across all
residentially zoned properties in the Town of
BACKGROUND:
The Town’s current zoning definitions for accessory buildings differ slightly across the thirty-three relevant parent Zoning By-laws. The zoning provisions and development standards for accessory buildings from each of the (33) parent Zoning By-laws fall into eight groups of standards, which vary considerably. Each of the eight groups of standard provisions has varying levels of complexity, detail and completeness. A summary of the general zoning provisions for accessory buildings by parent Zoning By-law is shown in Table 1, attached.
Accessory buildings or garden structures, such as a shed, gazebo or pool enclosure are generally permitted in the rear yard area of dwellings as separate buildings or structures the use of which is incidental to the use of the main dwelling house, and subject to size, height and setback requirements.
Proliferation of Garden Structures and Landscape Features
There have been a number of instances in recent years where accessory buildings and structures, erected in the rear and/or side yards of private residential homes, have prompted neighbours to question if the structures should be permitted in accordance with current zoning. In the majority of cases such garden structures do comply with zoning provisions or have been approved by the Committee of Adjustment following a minor variance application.
There is a growing trend to highly structured garden design and the creation of ‘outdoor rooms’ as an extension to residential living space. Consequently, rear yards may become predominantly taken up with accessory structures and hard landscape features, such as swimming pools, patios, summer houses, sheds, barbeque areas, outdoor fireplaces and gazebos.
A certain level of freedom is appropriate in the design of accessory buildings and how people use their yards in the normal enjoyment of residential amenity. However, it is the Town’s role to alleviate any impacts on neighbouring properties and regulate certain aspects of building and land use in the public interest. With regard to accessory buildings and structures, it is apparent that the proliferation of the types of structures cited above can result in one or more of the follow effects;
· change in grade, which affects storm water runoff;
· loss of soft landscaping, which affects rain water infiltration and stormwater drainage patterns, as well as garden habitat and wildlife;
· visual impact of buildings and structures;
· loss of privacy, or perception of being overlooked;
· an adverse effect on neighbouring residents and their enjoyment of their own rear yards.
Concerns of Members of Council
Members of Council have expressed concern regarding the proliferation and scale of accessory buildings in residential rear yards and their potential to create some of the impacts listed above. Staff suggest a workshop with Members of Council be held prior to the Public Meeting in order that Members of Council can gain a full appreciation of the new development standards being proposed, which will better equip them to respond to enquiries from constituents in advance of and during the Public Meeting. This will also allow Staff to be apprised of relevant issues that Members of Council may be aware of, which will provide input into appropriate new zoning regulations.
OPTIONS/ DISCUSSION:
Providing a Consistent Definition
There are currently seven slightly different definitions for the term ‘accessory building’ in the 33 Parent Zoning By-laws. Each definition uses words such as ‘subordinate’, ‘exclusively devoted to’, or ‘normally incidental to’ to characterize the term accessory. Staff consider that the accessory building definition in New Urban Area By-law 177-96, as amended is the most appropriate and should be applied Town-wide. The definition for accessory building in 177-96, as amended is:
A separate building or structure, the use of
which is customarily incidental, subordinate and exclusively devoted to a main
use or main building located on the same lot.
Summary of Zoning By-law Provisions for Accessory Buildings in
There are currently six performance standards used to control the location, and size of accessory buildings and structures although specific requirements vary depending on which Zoning By-law is applied. It should be noted that there are separate provisions to regulate detached garages and swimming pools and these will not be altered by the proposed By-law amendment. However, detached garages and swimming pools will be included when calculating rear yard coverage, as explained later in the report.
- All Zoning By-laws require an accessory buildings or
structure to be located in the rear yard or in the interior side yard,
which means the yard that extends from the front yard to the rear yard
between the main wall of the main building
and the side lot line that does not abut a public street;
- Setbacks from a lot line vary from 0.5m to 1.2m;
- Generally there are no minimum distance separation requirements from the main building to the accessory structure. Although six of the Zoning By-laws do require a 1.8m minimum separation from the main building;
- Maximum lot coverage for an accessory building ranges from 5% to 10%;
- Maximum floor area for a single accessory building or structure ranges from 10sq m to 70sq m (the higher floor area applies to those rural residential zones outside the urban boundary);
- Maximum height ranges from 3.6m to 4.5m.
Provisions of Other Municipalities
Staff has undertaken to compare
the Town’s current residential provisions for accessory buildings with those of
other municipalities, and determine what could be changed in
The provisions of a number of
other municipal zoning by-laws have been reviewed and the highlights are
summarized here.
The City of
The City of
The Etobicoke Zoning By-law restricts accessory buildings located in the rear yard to 35% coverage of the rear yard area to address the scale of accessory buildings in relation to the yard in which they are located. In addition to rear yard coverage maximums there are also lot coverage requirements for all buildings and structures. Swimming pools constructed more than 0.3m above the natural grade are included in the calculation of lot coverage.
In
Proposed Standards for
Based on the foregoing analysis there is merit in introducing standards, applicable to all residentially zoned properties in the Town, that regulate the size and number of accessory buildings and structures relative to lot area, and that provide consistency in terms of height and setbacks. Limiting the size of each accessory building and structure and the number of separate structures effectively controls the total lot coverage of accessory buildings and structures without the need for a separate performance standard specific to lot coverage. The maximum lot coverage provisions for all buildings and structures will still apply in accordance with the provisions in the parent By-law. These maximums, where applicable, typically range from 30% to 35%.
However, given the range and extent of accessory structures and hard landscape features that are commonly being installed in rear yards, a minimum soft landscaping requirement is proposed for the rear yard area. Similar to the soft landscaping requirement adopted in the Town’s Extended Driveway By-law 2006-96, which is applied to front yards, a percentage of soft landscaping is being recommended for the rear yard area. These minimums will range from 25% to 60% depending on the size of the rear yard, as shown in the table below.
The following provisions are also being recommended for accessory buildings and structures:
a) Where
this By-law provides that land may be used or a building or structure be
erected or used for a purpose, that purpose may include any accessory buildings
or accessory structures, located on the same lot as the primary use to which
they are related.
b) No
accessory building or accessory structure shall be used for human habitation or
an occupation for gain or profit, unless it is specifically permitted by this
By-law.
c) No
detached accessory building or accessory structure shall be erected on a lot
prior to the erection of the main building on the lot.
d) No
detached accessory building or accessory structure or part thereof shall be
located within a Registered Easement that is in favor of a public authority.
The following table shows the proposed development standards that will be developed as the new By-law is drafted.
Proposed Standards for
|
|
Residential zones with a lot area
≤ 0.1 ha (1,000m2) |
Residential zones with a lot area
> 0.1 ha (1,000m2) and < 0.4 ha (4,000m2) |
RRH and Rural Residential lots having
a lot area of 0.4 hectares or greater |
|
Permitted Yards |
Interior side and rear yards |
||
|
Minimum setback from rear and interior side lot
lines |
1.2 m (1) |
1.2 m (1) |
1.2 m (1) |
|
Minimum setback from exterior side lot line |
No closer than the main building from the exterior
side lot line. |
||
|
Maximum floor area per accessory building or
accessory structure (not including a detached garage) |
10.0 m2 |
20.0 m2 |
50.0 m2 |
|
Maximum height |
4.5 m |
4.5 m |
5.5 m |
|
Maximum number of accessory buildings or accessory
structures per lot |
2 (2) |
3 (2) |
n/a |
SPECIAL PROVISIONS
(1)
May be reduced to
0.5 metres if there are no openings in the wall of the accessory building or
accessory structure facing the rear or interior side lot line;
(2)
The maximum number of accessory buildings or
accessory structures per lot includes any detached
private garage. The maximum number of
detached private garages per lot is one.
Rear Yard Soft Landscaping Requirement
For the purpose of the proposed By-law,
soft landscaping means the percentage of the relevant yard comprised of any
combination of flowers, grass, shrubs, sod, trees or other horticultural
elements that is not covered by architectural elements, including but not
limited to asphalt, buildings, brickwork, concrete, stonework or structures.
|
|
Residential zones with a rear yard
area ≤ 75m2) |
Residential zones with a rear yard area > 75m2 and < 140m2 |
RRH and Rural Residential lots having
a rear yard area of 140m2 or greater |
|
Minimum Percentage Soft Landscaping in Rear Yard |
25% |
40% |
60% |
Staff have begun testing the proposed
provisions shown in these tables by applying them to various size lots across
the Town and these examples will be presented at the Council workshop and at
the Public Meeting.
Detached Garages and Swimming Pools Not Subject to
The size and location of detached
garages is regulated by separate provisions of the parent Zoning By-law and the
enclosure of private swimming pools is regulated by the Swimming Pool
Enclosures By-law 59-75, as amended. It
is not intended to amend these existing regulations at this time. However, when determining the percentage of
the rear yard area preserved as soft landscaping a detached private garage, or
the portion thereof that is in the rear yard, and a swimming pool enclosure
will be included in the calculation of total rear yard coverage, which also includes
accessory buildings and structures, garden features and all hard landscaping.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
None
HUMAN
RESOURCES CONSIDERATIONS
Not applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Managed growth – developing zoning by-law provisions using an environment first approach to creating a regulatory framework aimed at achieving livable and sustainable communities.
BUSINESS UNITS CONSULTED AND AFFECTED:
Not applicable. Other Business units will be consulted at
such time as the draft By-law is prepared.
RECOMMENDED
BY: ________________________ ________________________
Biju Karumanchery, MCIP RPP. Jim Baird, MCIP RPP.
Senior Development Manager Commissioner of
Development Services
ATTACHMENTS:
Table 1. – Current Markham Zoning By-laws – accessory buildings provisions.
Table 2. – Summary of Other Municipal Zoning By-Law
Provisions Relating to
Q:\Development\Planning\ZONING AND SPECIAL PROJECTS\HOUSEKEEPING AMDNTS\Accessory Bldgs\June 16 DCS Prelim Report draft V3 270509.doc