NEW ZONING BY-LAW CITY OF GREATER SUDBURY Image Placeholder Presentation to the January 12, 2010 Planning Committee
PURPOSE OF REPORT and PRESENTATION: Provide an overview on the process that has been undertaken to date; Provide a summary overview of the Draft Comprehensive Zoning By-law; Highlight the areas where the Draft Comprehensive Zoning By-law significantly differs from the existing zoning by-laws; Outline consultation program in order to obtain formal agency and public comment.
Why is a New Zoning By-law Needed? 1. Currently 8 Zoning By-laws from former Municipalities still in use; Currently inconsistent standards across the City Confusing for public Challenging for staff to administer One By-law more convenient for Council, public, development community and City staff 2. New Official Plan adopted in 2006 needs to be implemented; 3. Updating to reflect changes in uses and development (existing Bylaws are up to 17 years old); 4. Current mapping - poor quality/ difficult for public to use.
Currently Eight Zoning By-laws which apply in the City: By-law 95-500Z City of Sudbury By-law 83-300 Towns of Valley East and Onaping Falls By-law 83-301 Town of Capreol By-law 83-303 Town of Walden By-law 83-302 Town of Rayside Balfour By-law 83-304 Town of Nickel Centre By-law 2001-24Z Townships of Cleland, Scadding, Parts of Dryden and Dill By-law 2001-25Z Townships of Parkin, Aylmer, MacKelcan and Rathbun
What is a Zoning By-law? Regulatory Document enacted by Council; Puts into terms and numbers municipal policies, implements the Official Plan; Enabling Legislation is Section 34 of the Planning Act;
What is a Zoning By-law? Intent is to protect the public interest by restricting the use of land, location of buildings and structures; Applicable law under the Ontario Building Code, requires compliance with the Zoning By-law in order to obtain a building permit. Defines property owners land use permissions
Legal Non-Conforming Uses and Legal Non-Complying Lots Buildings or Structures Uses legally existing may continue and buildings may be replaced and restored to a safe condition subject to specific requirements; Where existing buildings do not comply with setbacks they may be repaired, enlarged or renovated subject to specific requirements; Legal existing dwellings are deemed to be permitted uses; Minor variances to previous zoning by-laws and executed site plan agreements are grandfathered
Work Completed to Date Review of existing By-laws to identify commonalities and differences; Series of meetings with Meridian Planning and City planning, building, by-law enforcement and legal staff on issues/analysis - Winter 2008 to Spring 2009; City Properties reviewed and zoning updated;
Work Completed to Date Floodplain mapping reviewed and updated by Conservation Authority; City Landfill sites and adjacent lands reviewed with Waste Management staff; Accessibility Committee - parking; Zone mapping format - GIS database;
Zoning Framework PART 1 Interpretation and Administration 2 Establishment of Zones 3 Definitions 4 General Provisions 5 Parking and Loading Provisions 6 Residential Zones 7 Commercial Zones 8 Industrial Zones 9 Rural Zones 10 Other Zones 11 Exceptions 12 Temporary Uses 13 Holding Provisions 14 Enactment
Key changes Proposed Definitions (Part3) Many of the existing definitions continue to be used Addition of terms to address new issues i.e. bed and breakfast; wellhead protection areas; More definitions to reduce potential for interpretation issues to arise; Building Heights simplified;
New General Provisions (Part 4) Forty two topics with standards and regulations applicable to certain uses, activities, buildings or structures regardless of zone; Accessory Structures Garages, maximum width and projection; Outdoor Furnaces; Airport Height Restrictions;
New General Provisions (Part 4) Flood Fringe (FF) and Flood Plain (FP) replacing DA1 and DA2 overlays; Garden Suites maximum size 70m 2 Home Industries Home Occupations one employee not a resident; Landscaped Open Space (10 percent) in parking lots with more than 75 spaces;
New General Provisions (Part 4) Livestock minimum 1 ha and buildings subject to MDS; Satellite Dishes; Shipping Containers; Special Setbacks livestock (MDS), rail roads; Waterfront Buffers; Wellhead Protection Areas around City wells prohibiting certain uses
New Parking Requirements (Part 5) Updating of standards to respond to current transportation trends; Cash-in-lieu of parking provisions; Increased accessible parking requirements; Circular driveway standards; Drive-through standards for restaurants and other uses;
Residential Zones (Part 6) Six R1 Low Density Residential Zones R1-1 thru R1-6 to replace D density factor; New R1-6 zone 12 m lot (40 ft. ) frontage standard; New R2-3 zone to replace R6 Established Residential zone; Linked dwellings; Boarding house dwellings in new R3 and R3-1 zones and rooming houses in new R3 and R3-1 and R4 zones;
Commercial Zones (Part7) Number of commercial zones reduced from 8 to 7 C6 Highway Commercial zone incorporated into expanded C2 General Commercial Zone; Existing C8 Metro Centre Zone to become the new C6 Downtown Zone Downtown Capreol, Chelmsford and Lively rezoned from C2 to C6(1) Downtown Special;
Industrial Zones(Part8) New M1-1 Zone Business Industrial Zone, adding offices and places of worship and prohibiting outside storage; High visibility locations along arterial roads and west of Downtown Sudbury; Minimal existing outside storage
Rural Zones (Part 9) Agricultural and Rural zones revised to reflect new Official Plan designations; New RS Rural Shoreline Zone Min. 0.8 ha and 45 m shoreline frontage; Existing R7 Seasonal Residential zone to become the new SLS Seasonal Limited Service zone.
Other Zones (Part 10) New EP Environmental Protection Zone Provincially Significant Vermilion Wetland to be zoned EP ; Lands within 120 m of Vermilion Wetland to be subject to H3 Holding provision; Lands within 300 m of City landfill sites to be zoned EP with lands between 300m and 500m to be subject to H2 Holding provision;
Updated illustrations have been included in the By-law to assist in explaining defined terms and By-law provisions
Easy to use Tables have been included in the By-law
ZONE MAPS Approximately 700 Maps in Existing By-laws poor quality, difficult for public and staff to locate properties; 246 new GIS based maps; Rural maps at 1:25,000 scale with detailed insets and urban area maps at 1:5,000 scale;
EXISTING ZONE MAP NEW ZONE MAP
NEXT STEPS Public Open Houses Feb. 1 to 18, 2010 Comments to be submitted by March 19, 2010 Report back to Planning Committee April, 2010 Statutory Public Meeting May 2010 Enactment of By-law June 2010
Public Open Houses DATE TIME LOCATION February 1 2010 3 p.m. 8 p.m. Howard Armstrong Centre, 4040 Elmview Drive, Hanmer February 2, 2010 3 p.m. 8 p.m. Garson Community Centre, 100 Church street, Garson February 3, 2010 3 p.m.- 8 p.m. Countryside Arena, Gallery, 235 Countryside Drive, Sudbury February 4, 2010 3 p.m.-8 p.m. Lionel Lalonde Centre, 239 Montee Principale, Azilda February 8, 2010 10 a.m. 8 p.m. Tom Davies Square, 200 Brady Street, Sudbury February 9, 2010 3 p.m. - 8 p.m. Dowling Leisure Centre, 79 Main Street, Dowling February 16, 2010 3 p.m.- 8 p.m. T.M. Davies Community Centre, 325 Anderson Drive, Lively February 18, 2010 10 a.m.- 8 p.m. Tom Davies Square, 200 Brady Street, Sudbury
COMMENTS AND QUESTIONS