Report to: Development Services Committee Report Authored:
SUBJECT: PRELIMINARY REPORT
Town initiated Zoning By-law
Amendment relating to Election Campaign Offices in non-residential zones in the
Town of
PREPARED BY: W. Wiles, Manager, By-law Enforcement & Licencing (x4851)
RECOMMENDATION:
1)
THAT the report entitled “PRELIMINARY REPORT, Town
initiated Zoning By-law Amendment relating to Election Campaign Offices in
non-residential zones in the Town of
2) THAT a Public Meeting be scheduled to obtain public input on the proposed by-law amendment regarding Election Campaign Offices; and further,
3) THAT staff be authorized and directed to do all things necessary to give effect to this resolution.
PURPOSE:
The purpose of
this report is to present the draft zoning by-law amendment regarding Election
Campaign Offices to Committee and to seek authorization to hold a Public Meeting
to obtain public input on the proposed Zoning By-law Amendment, as required by
the
BACKGROUND:
Currently in
the Town of
The limited availability of permitted locations for Election Campaign Offices became an issue in the November 2009 Ward 3 By-Election. With the upcoming municipal and other future elections, a concern exists that there may not be sufficient locations available for potential candidates who would like to have a Campaign Office within their Ward/ Riding or within a preferred area.
On January 18, 2010, General Committee received a presentation (Appendix ‘A’- General Committee Presentation 18.01.10), which considered the pros and cons of permitting Election Campaign Offices to locate in a number of zones where Office uses may not be permitted as of right. Committee directed that staff prepare a draft Zoning By-law Amendment to permit campaign headquarters as a temporary use in industrial, commercial, and retail zones for consideration at a future Development Services Committee meeting.
Prior Elections & Election Campaign Offices
Prior to the November 2009 Ward 3 By- Election there was no specific recognition of Election Campaign Offices in Markham’s zoning regulations, as distinct from other forms of “Office Use”. Election Campaign Offices have generally been established without obtaining for any approvals from the Town, except for signage. A complaint regarding the establishment of an Election Campaign Office in a premises not zoned for the use was received by By-law Enforcement Staff during the November 2009 Ward 3 By-Election. As a result, the candidate who opened the office was required to cease operating from the premises.
Pros & Cons
Two options have been prepared for Committee’s consideration with regards to future elections and Campaign Offices. Option 1 is to maintain the status quo and restrict the use to locations that permit Office Uses only under the applicable Zoning By-law. Option 2 is to amend the Town’s Zoning By-laws to permit Election Campaign Offices in a range of zones, as a temporary occupancy.
The following Tables lists the Pros & Cons of both options:
|
Option |
Pros |
Cons |
|
1. Status Quo- restricted to permitted locations only under the
applicable Zoning By-law |
§ Parking & other site qualities are compatible § No issues with Building Code § Consistent with current Zoning Regulations and
enforcement |
§ Limited number of short term potential locations
(some Wards may not have sufficient premises) § Higher cost of rental space may restrict
opportunities for some candidates |
|
2. Amendment of Town Zoning By-laws- to permit Election Campaign Offices as a temporary
occupancy |
§ Increased numbers of potential locations § Timely and available space § Clarifies enforcement & provides certainty for
candidates |
§ Possible conflict with adjoining uses § Premises may require alterations to comply with
Building/ Fire Codes |
Home Occupation Use
Under both of the above options, a candidate can operate a campaign office from their private residence provided there is compliance with the restrictions for a Home Occupation Use. In the event that a candidate chooses to establish an Election Campaign Office within the home this would be permitted in accordance with existing Home Occupation regulations only and it is not the intent of the proposed Zoning By-law amendment to relax provisions relating to running an office from the home.
Long Term Election Campaign Offices to Comply with Zoning
There is a possibility that a candidate may wish to have an Election Campaign Office for up to a year or longer. In these cases, the Office should be located in properly zoned and constructed premises to avoid long term parking and other nuisance issues that may occur with a Campaign Office in premises not intended for the use.
Time Period for Temporary Occupancy of an Election Campaign Office
Should Option 2 (allowing for a temporary occupancy of an Election Campaign Office) be the desired option, a set time period for the occupancy to be allowed is required for inclusion in the By-law. In the past, Election Campaign Offices have normally been operated during the Election Sign Placement period. Under current and proposed Election Sign regulations, the maximum time period for the placement of elections signs is forty two (42) days. Staff are recommending a two month equivalent of sixty two (62) days with Option 2. This is considered a reasonable time period contiguous with the date of election for a candidate to set-up, operate and dismantle an Election Campaign Office.
Unionville Core Area Not Included
FINANCIAL CONSIDERATIONS
AND TEMPLATE: (external link)
Not applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Managed Growth – developing Zoning By-law provisions to create a regulatory framework that will assist in providing opportunities for communities to participate in democratic processes.
BUSINESS UNITS CONSULTED
AND AFFECTED:
Planning, Legal
RECOMMENDED
BY: ________________________ ________________________
Town Clerk Commissioner, Corporate
Services
________________________ ________________________
B.
Services
ATTACHMENTS:
Appendix ‘A’- General Committee Presentation 18.01.10
Appendix ‘B’- Draft By-law Amendment & Zoning Notice
Appendix ‘C’- Draft By-law Schedule “A”