Notice of passing for a proposed zoning by-law amendment town wide that is town-initiated

Notice of Passing
Proposed Zoning By-law Amendments Town-initiated
Files: 42.25.21 and 42.26.02, Town-wide

The Commissioner of Community Development passed By-laws 2023-024 and 2023-025 under section 34, of the Planning Act, R.S.O. 1990, c. P.13, as amended on April 4, 2023.

The purpose of By-laws 2023-024 and 2023-025 amends Town of Oakville Zoning By-law 2014-014, as amended, and Town of Oakville Zoning By-law 2009-189, as amended, respectively to make housekeeping, technical and other modifications affecting all Zones, which assists in the use and interpretation of the Zoning By-laws and implement the Official Plan.

The effect of By-law 2023-024 amends Zoning By-law 2014-014, as amended, as follows:

• replacing all references to “Existing Development” with “Future Development” and all references to “ED” with “FD” including maps to reflect the intention of the zone for future development
• updating all references to “accessory dwelling” to “accessory dwelling unit”
• modifying the footnotes related to and regulations for accessory dwelling units to allow for a maximum of two accessory dwelling units on a lot containing a detached dwelling, semi-detached dwelling, linked dwelling or townhouse; to allow an accessory dwelling unit in an accessory building; and to remove restrictions on the size of an accessory dwelling unit and location of access to conform with recent updates to the Planning Act.
• update various sections of the by-law to use consistent language throughout the by-law
• updating various tables and footnotes within the by-law for clarification and consistency purposes
• including height and setback exceptions and regulations for rooftop solar panels since the Green Energy Act which exempted solar panels has been repealed
• modifying the definitions of “marina”, and “multiple dwelling” to add clarity
• adding a new definition for “step-back” to add clarity
• modifying allowable encroachment for generators and uncovered platforms less than 3.0m in height
• deleting cupolas from s. 4.6.2 since they are already exempted under s.4.6.5
• modifying s. 4.7 c) to replace “building” with “fully enclosed structure” used for garbage containment
• clarifying barrier free parking space requirements when only one barrier free space is provided
• modifying Tables 6.3.2 and 6.3.5 to include a row for Residential Floor Area to include a reference to the (“-0”) suffix to be consistent with Table 6.3.1
• modifying s. 15.72.2, special provision for 576 Bronte Road, to clarify that the additional regulations only apply to the additional permitted use
• amending Map 19(8) for 461 Trafalgar Road to remove special provision sp: 202 which was erroneously applied and adding special provision sp: 7 to the property to implement By-law 2012- 052.

The effect of By-law 2023-025 amends Zoning By-law 2009-189, as amended, as follows:

• updating all references to “second suite” to “accessory dwelling unit” and updating the definition to be consistent with the South Oakville Zoning By-law 2014-014, as amended, and conform with recent updates to the Planning Act
• modifying the footnotes related to and regulations for second suites to replace with “accessory dwelling unit” and allow for a maximum of two accessory dwelling units on a lot containing a detached dwelling, semi-detached dwelling, linked dwelling or townhouse; to allow an accessory dwelling unit in an accessory building; and to remove restrictions on the size of an accessory dwelling unit to conform with recent updates to the Planning Act
• update various sections of the by-law to use consistent language throughout the by-law
• updating various tables and footnotes within the by-law for clarification and consistency purposes
• removing the defined term and references to “personal service shop” and embedding the definition within the definition of “service commercial” and making related changes for consistency
• adding a new definition for “step-back” to add clarity
• clarifying that when calculating lot depth publicly-owned 0.3 metre (one foot) reserve and the daylight triangles adjoining the lot are included
• include height and setback exceptions and regulations for rooftop solar panels since the Green Energy Act which exempted solar panels has been repealed
• clarifying that any required parking spaces and loading docks shall be located on the same lot on which the use is located
• clarifying that a motor vehicle shall only be parked outdoors if it is entirely located on a driveway, surface parking area, or the roof of a parking structure/garage on a lot with residential uses
• updating the requirement for accessible parking spaces to apply based on all parking spaces provided on the lot
• clarifying accessible parking space requirements when only one accessible parking space is provided
• clarifying that minimum height regulations do not apply to commercial, post-secondary, private or public schools in institutional zones to align with the permissions for schools in other zones under the by-law
• modifying s. 8.118 and 8.119 to fix errors in references to section numbers
• amending Map 12(4) by replacing the reference to “O1” with “P” since O1 is not a zone under the by-law and was erroneously applied
• amending Map 12(5) by re-aligning the zoning boundary for NC-40 south of William Crawley Way to align with the lot lines abutting the adjacent lane

Zoning By-law 2014-014, as amended, applies to all lands south of Dundas Street and north of Highway 407, which is indicated in the key map below. All lands subject to Zoning By-law 2014-014, as amended, are affected by the proposed amendments to the text of the By-law. A few individual sites are also affected by the proposed amendment through amended or additional site-specific regulations.

Zoning By-law 2009-189, as amended, applies to all lands north of Dundas Street and south of Highway 407, which is indicated in the key map below. All lands subject to Zoning By-law 2009-189, as amended, are affected by the proposed amendments to the text of the By-law. A few individual sites are also affected by the proposed amendment through amended or additional site-specific regulations.

The Commissioner of Community Development has fully considered all written and oral submissions related to this matter and that these comments have been appropriately addressed.

Any appeals to the proposed by-law amendment must be filed with the Town Clerk at 1225 Trafalgar Road, Oakville, ON, L6H 0H3; must set out the reasons for the appeal; and must be accompanied by the fee required by the Ontario Land Tribunal. A copy of the appeal form is available from the Ontario Land Tribunal website.

Only individuals, corporations and public bodies may appeal a by-law to the Ontario Land 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 Commissioner of Community Development c/o the Town Clerk (at the Town of Oakville, Clerk’s department, 1225 Trafalgar Road, Oakville, ON L6H 0H3 or at TownClerk@oakville.ca) or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.

For more information visit the Zoning By-laws page.

Questions may be directed to Catherine Buckerfield, Senior Planner, Building Services department at 905-845-6601, ext. 2084 (TTY 905-338-4200) or at catherine.buckerfield@oakville.ca.

The personal information accompanying your submission is being collected under the authority of the Planning Act, R.S.O. 1990, c. P.13, as amended, and can form part of the public record which may be released to the public.

LAST DATE FOR FILING A NOTICE OF APPEAL: April 26, 2023