Municipal zoning by laws: A role for public health professionals

Transcription

1 Municipal zoning by laws: A role for public health professionals Kim Bergeron Health Promotion Consultant, Health Promotion Capacity Building, PHO Rob Franklin Manager of Planning Service, Town of Cobourg V x.x

2 Introductions Presenters: Kim Bergeron,PhD, Health Promotion Consultant, PHO Rob Franklin, RPP Manger of Planning Services, Town of Cobourg Assisted by: Laura Bellissimo, MPH, Health Promotion Coordinator, PHO 2

3 Health Promotion Capacity Building We provide training and support services to Ontario s public health and health care intermediaries to assist them to plan, conduct and evaluate interventions which improve health and prevent chronic disease and injury at a community and population level.

4 Poll #1: Knock, knock Who s there? How many people are attending today s webinar with you? a) Just me b) 1 c) 2 d) 3 e) 4 f) 5 or more 4

5 Poll #2: Your level of familiarity with influencing zoning by laws How would you rate your level of familiarity with influencing zoning bylaws? a) I m a beginner b) I have some idea of what the key concepts are c) I am very familiar with how to influence zoning by laws 5

6 Learning objectives By the end of the webinar, participants will be able to: Understand municipal zoning bylaws and their role in creating healthy communities Recall a process for influencing the revisions of local zoning bylaws Reflect on how the information provided can be applied to your own area of work 6

7 About municipal by laws 1 Passed by municipal council Influenced by public opinion, community groups, citizens Created when: There is a need to improve or protect general welfare No relevant provincial or federal legislation exists, or to strengthen existing legislation. 1 7

8 About municipal by laws Designed to meet the needs of, and solve problems for citizens. 1 8

9 About municipal by laws By laws can: Increase healthpromoting environments (e.g. multi use pathways for cycling and walking) Decrease healththreatening environments (e.g. limiting exposure to second hand smoke at outdoor recreation settings) 2 9

10 About zoning by laws Specifies and controls how land can be used and the required standards such as Where buildings and other structures can be located Types of buildings permitted and how they may be used (e.g., commercial, residential, industrial) Lot sizes and dimensions, parking requirements, building heights and setbacks from the street. 3 Can be applied to individual properties or large areas. 3 They can support or hinder healthy, active community design and development. 10

11 History of zoning Developed to address: Functional differences in land use (e.g., residential, industrial, commercial) Aesthetic differences among land use districts, and Density of land use (e.g., to meet the needs of residents). 4 11

12 About zoning by laws Zoning by laws operationalize the Official Plan and provide for its day to day administration. 4 Comprehensive zoning by laws divide the municipality into different land use zones, with detailed maps. 4 There are three basic land use categories: 1. Residential 2. Commercial 3. Industrial 4 Specifies the uses that are permitted, and prohibited. 4 Town of Cobourg, 2013 Zoning By laws L_May_15_2013_MD_2.pdf 12

13 About zoning by laws Examples of health promoting zoning by laws: To guide land use patterns and densities towards a more compact and intensified built form to encourage active transportation and public transit Related to off street parking to create more compact physical form for the community That requires a minimum number of bicycle parking spaces at retail, institutional, employment, educational and residential centres. 6 13

14 Evaluating of zoning by laws Council evaluates zoning by laws against the following criteria: Conformity with the official plan and compatibility with adjacent uses of land, Suitability of the land for the proposed purpose, Adequacy of vehicular access, water supply, sewage disposal, and The risk of flooding. 1 The zoning decision also needs to be consistent with the Provincial Policy Statement. 7 14

15 About zoning by laws Public Health Goal Limit the location or density of tobacco or alcohol retailers/locations to create healthy school zones Zoning by law examples Amend zoning by laws to control the density or to keep these retailers away from schools an d youth populated areas Increase the availability of healthy foods Amend zoning by laws to offer incentives to developers who include grocery stores and fresh food markets in new developments Encourage and promote farmers markets Provide bicycle parking Amend zoning by laws to make farmers markets an allowed use in appropriate zones Amend zoning by laws to require specified businesses to provide adequate bicycle parking 15

16 The Zoning By law Process 3 16

17 Insight Know when the clock starts Understand what aspects are being appealed Identify evidence to support health promoting by laws Ensure a public health department/staff is on the distribution list 17

18 Insight Understand the hierarchy and relationship of municipal planning documents Policies Guidelines Official Plan By laws Manuals Plans Strategies Guidelines 18

19 Ways to get involved Find out as much as possible about the proposed by law amendment or addition Attend information sessions, open houses and public meetings and share your opinion Build a relationship with municipal staff 19

20 Other options to be considered Municipal by laws may want to be considered, such as: Parking Animal Control Tree conservation Snow removal Speed rate Idling Noise Conduct in parks 3 Develop new or revise existing Master Plans 3 Development of municipal policies not directly related to zoning (e.g., crime prevention, economic development) 3 20

21 Resources 21

22 This resource was designed to explain the process for supporting and influencing the development, adoption and implementation of municipal by laws to support healthy choices. Available at ca/bylaw 22

23 Steps Step 1: Identify, Describe and Analyze the Problem Step 2: Develop and Assess By law Options Step 3: Assess Readiness for By law Development Step 4: Identify and Understand Decision makers and Influencers Eight steps for developing a municipal by law 8 Description Determine if the problem can be solved by a by law Strike an internal working group Identify others within the community interested in working together to address the problem Conduct an internet search Review by laws in neighbouring municipalities Review academic literature Use this information to review by laws in your municipality Assess readiness of community stakeholders (e.g. municipal decision makers, residents, community organizations) There are two types of municipal decision makers: elected officials and civil servants Influencers are anyone else in the community that could influence municipal decision makers. 23

24 Steps Step 5: Build Support for the By law Eight steps for developing a municipal by law 3 Description Create a partnership/committee/network Engage in knowledge exchange Write a briefing note Step 6: Draft the By law This process could include drafting a new by law or revising a current by law A by law is a legal document and as such there is a prescribed way that they are written Step 7: Facilitate Adoption of the By law Every municipality has procedural requirements that need to be followed to enact a by law Get to know the municipal clerk Step 8: Monitor and Evaluate the By law Monitor implementation and enforcement Evaluate effectiveness 24

25 The purpose of this resource is twofold: 1. Identify the difference between the terms Municipal resolutions, Municipal policies and Municipal by laws 2. Describe how these three terms are interconnected. 25

26 Drawbacks to zoning by laws Do not typically affect existing businesses. 1 When a new zoning by law is imposed, the municipality has three options to address nonconforming uses: 1. Grandfather in existing businesses 2. Amortization of existing businesses 3. Require the owner to comply immediately; however, the municipality may have to pay reasonable compensation to the owner, thus not typically used. 1 Zoning does not have a source of funding for ongoing enforcement; thus, based on a complant driven system. 1 26

27 Questions? 27

28 Thank you! Kim Bergeron Rob Franklin 28

29 References 1. MacLean MV, Tomlinson, JR. A user s guide to municipal by laws. 2nd ed. Markham, ON: LexisNexis Canada Inc., Gostin L. Legal foundations of public health law and meeting future challenges. Public Health 2008; 120: Ontario Ministry of Municipal Affairs and Housing. Citizens guide: zoning by laws. [document on internet] [last accessed 2014 Nov 24]. Available from 4. Hodge, G., & Gordon, D. (2008). Planning Canadian communities (5th). Toronto, Canada: Neilson 5. Active Kids Canada. Its time to unplug our kids: Canada s report card on physical activity for children and kids. [document on the Internet] [last accessed 2014 March 3]. Available from 6. Hastings & Prince Edward Counties Health Unit. Building complete and sustainable communities: Healthy policies for official plans [document on the Internet] [cited 2014 July 2]. Available from: 7. Ministry of Municipal Affairs and Housing. Provincial Policy Statement [document on the Internet] [last accessed 2015 April 20]. Available from 8. Ontario Agency for Health Protection and Promotion (Public Health Ontario), Chronic Disease and Injury Prevention, Health Promotion Capacity Building Services. At a glance: The eight steps for municipal by law development. Toronto

30 Acknowledgements Public Health Ontario wishes to acknowledge and thank THCU staff and many partners who contributed to an earlier version of this document. THCU (originally known as The Health Communication Unit, started in 1993 at the University of Toronto) moved to Public Health Ontario s Health Promotion, Chronic Disease and Injury Prevention Department in 2011.

31 Disclaimer This document may be freely used without permission for noncommercial purposes only and provided that appropriate credit is given to Public Health Ontario. No changes and/or modifications may be made to the content without explicit written permission from Public Health Ontario. 31