BROCKVILLE CITY OF BROCKVILLE COMPREHENSIVE ZONING BY-LAW REVIEW DISCUSSION PAPER OCTOBER 2013 FINAL D

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1 BROCKVILLE CITY OF BROCKVILLE COMPREHENSIVE ZONING REVIEW DISCUSSION PAPER OCTOBER 2013 FINAL D

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3 TABLE OF CONTENTS 1. INTRODUCTION Purpose and Goals of this Project Study Process Purpose of this Paper PLANNING CONTEXT Provincial Planning Framework City of Brockville Official Plan Goals and Objectives Land Use Policies Zoning Policies Overview of the Current Zoning By-law KEY ISSUES & OPPORTUNITIES Pre-Zoning as an Approach to Implementing the Official Plan Neighbourhood Development Areas (New Areas) Neighbourhood Areas (Existing Areas) Downtown and Central Waterfront Area Mixed Use Commercial Areas Mixed Use Corridors Application of Holding Prefix Development Permit System Background and Description of the Development Permit System Examples of Other Development Permit Systems Requirements for Implementing a Development Permit System in Brockville Options for a Development Permit System in Brockville Minor Variances Modernization of Definitions Exceptions Parking and Loading Natural Hazards Natural Heritage Conservation City of Brockville Comprehensive Zoning By-law Review Discussion Paper October 2013 i

4 3.15 Other Considerations (Consultation) MAPPING REVIEW & OPTIONS Conformity with Land Use Designations Mapping Format Options Use of GIS Web Integration ZONING RUCTURE & FORMAT Structure Format Accessibility Zoning Amendment versus New Zoning By-law CONCLUSIONS & RECOMMENDATIONS NEXT S APPENDIX Appendix A: Zoning Overlaid onto Schedule 1 of the City of Brockville Official Plan ii Prepared by MMM Group Limited for the City of Brockville

5 1.0 Introduction The City s new Official Plan establishes a new course for planning the City of Brockville. The City s Official Plan is a comprehensive policy document used primarily to guide decisions regarding land use planning and physical change in the City. Based on the principles of sustainability, the Plan identifies areas of regeneration and growth, new neighbourhood areas, as well as policies guiding the development of more attractive, walkable communities, the protection of the character of stable neighbourhoods, and the development of transit-oriented nodes and corridors. The Zoning By-law is considered one of the primary means to implement the policies of the Official Plan. The Zoning By-law is a detailed, site-specific regulatory document, which prescribes the types of uses, lot and building requirements for all property within the municipality. The Zoning By-law must conform to the policies of the Official Plan, which provides more high-level guidance on land use and community design. The City of Brockville has initiated a review and update to its Comprehensive Zoning By-law to implement the City s new Official Plan. This Discussion Paper introduces the purpose of this project and forms the basis for preparing the Draft Zoning By-law. 1.1 Purpose and Goals of this Project The primary purpose of this project is to bring the City s Comprehensive Zoning By-law into conformity with the City s new Official Plan and to implement the policies of the Official Plan. Additionally, there is an opportunity to address other issues with the Zoning By-law, such as issues related to clarity, administration, interpretation, enforcement or site-specific issues. There may also be opportunities to implement the directions of other policies, plans, principles and guidelines, such as the City s new Sustainability Plan and the Downtown and Waterfront Master Plan and Urban Design Strategy. This project will result in either an amendment to the existing Zoning By-law or a new Zoning By-law. One of the issues examined in this paper is the evaluation of whether the study should result in an amendment to the existing Zoning By-law or a new Zoning By-law, based on an assessment of the pros and cons of each approach. The study should be guided by general goals, to ensure that the purpose of the study is being achieved, and that any opportunity to improve the Zoning By-law is being considered. The goals of this study are as follows: To prepare a contemporary, progressive Zoning By-law, with improvements to clarity, administration and interpretation; City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

6 To ensure that the Zoning By-law conforms with the Official Plan and effectively implements its policies; To understand and reflect the needs and interests of the community, including private property owners and residents; To identify opportunities to implement other relevant legislation, policies, guidelines and studies, as appropriate; and To consult with staff, stakeholders and the public to ensure that their needs and issues are appropriately addressed. 1.2 Study Process The process for this project was outlined in the Terms of Reference, which was approved by Council on February 12, The process consists of three stages, as follows: Stage 1: Background research and review of the existing Zoning By-law; Stage 2: Preparation of the Draft Zoning By-law; and Stage 3: Refinement of the Draft Zoning By-law and final enactment. In Stage 1, the Discussion Paper (this paper) will be completed in draft. The key outcome of this stage is to identify the key issues and opportunities that can be addressed through this project, based on a detailed review of the existing Zoning By-law, the Official Plan s policies and other policies, guidelines, legislation and regulations that may need to be implemented in the Zoning By-law. It will be important to consult with City staff, stakeholders, Council and the public to develop a complete understanding of the issues and opportunities that should be addressed through this process. Stage 2 involves the preparation of the Draft Zoning By-law, using the Discussion Paper (this report) as a basis. Additionally, a Summary Report will be prepared to outline the key recommendations and directions for the Draft Zoning By-law. The Summary Report may function as a consultation tool, used to clearly and concisely communicate the key changes to the Zoning By-law to a broad audience. Stage 3 involves revisions and refinement to the Draft Zoning by-law, to consider input from City staff, the public and other government stakeholders. The By-law will be brought forward for approval by Council in accordance with the requirements of the Planning Act. Consultation is an important aspect of this project, and is considered to be an on-going activity. Public open houses and meetings with stakeholders are planned to be held in each of the three stages of this project. Additionally, opportunities for the public and stakeholders to provide written input and to provide input via the Internet will be provided on an on-going basis. Consultation with City staff is also an important element of this project, and meetings with various City departments will be held at each stage of the project, where it is appropriate. 2 Prepared by MMM Group Limited for the City of Brockville

7 1.3 Purpose of this Paper This Discussion Paper is intended to establish the basis for preparing the Draft Zoning By-law. Based on a detailed review of the in-effect Zoning By-law, the new Official Plan and other relevant policies, guidelines and regulations, this Paper identifies and evaluates the key issues and opportunities that need to be addressed as part of this project. Many of the issues that will be identified will relate to issues of conformity between the Zoning By-law s provisions and the Official Plan s policies. Other issues, however, may relate to implementing other studies, or improving the clarity, format or ease of administering the Zoning By-law. The Paper recommends preliminary directions for addressing the issues that are identified. This paper is not intended to be an exhaustive evaluation of all changes that need to be made to the Zoning By-law. Rather, this report focuses on the key issues and opportunities, to develop a common understanding of the major changes that will be required to the Zoning By-law. Other minor issues are expected to be considered and addressed as the Draft Zoning By-law is drafted and refined. The paper is organized into the following Sections: Section 2 describes the current Zoning By-law, the Official Plan, and the framework for planning in Ontario. Section 3 identifies major issues and opportunities that need to be addressed through this study, based on a review of the Zoning By-law, Official Plan and other studies, as well as preliminary consultation with staff. Section 4 reviews the existing mapping for the Zoning By-law and identifies options for alternatively presenting or improving the mapping. Section 5 provides options for the structure and format of the Zoning By-law, and evaluates whether an amendment to the Zoning By-law or a new Zoning By-law is required. Section 6 summarizes the preliminary recommendations and conclusions of this report. Section 7 identifies the next steps in the project. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

8 2.0 Planning Context The Planning Act authorizes Ontario municipalities to regulate land, buildings and structures through zoning by-laws. Zoning by-laws must also conform to the City s Official Plan, and be consistent with the Provincial Policy Statement. This section discusses this policy framework and describes how it affects zoning. 2.1 Provincial Planning Framework The Planning Act is the primary legislation that describes how municipalities can plan, manage and regulate land use in Ontario s communities. The Planning Act outlines matters of Provincial interest and enables the Province to issue Policy Statements to provide direction to municipalities on matters of Provincial interest. The current Provincial Policy Statement (2005) is a statement of the Provincial government s position on land use planning matters. The Provincial Policy Statement contains policies on community development, employment areas, housing, public space, infrastructure, economic development, energy, resource management, natural heritage, agriculture, cultural heritage and public health and safety. It promotes the development of healthy, liveable and safe communities, and the efficient use of land and infrastructure through higher densities, mixed uses and access to multiple modes of transportation. Decisions on land use planning matters, including the goals, objectives and policies of Official Plans, must be consistent with the Provincial Policy Statement. It is intended that Official Plans are the primary vehicle for implementing the Provincial Policy Statement. The Planning Act enables municipal councils to pass a variety of tools to plan and regulate the use of land. Under Section 16 of the Planning Act, most municipalities, including the City of Brockville are required to prepare and adopt Official Plans in accordance with the requirements of the Act. Official Plans contain goals, objectives and policies to guide decision making on land use planning matters. Municipal decisions, by-laws and public works are required to conform to the Official Plan (Section 24(1)), or otherwise require an amendment to the Official Plan. Section 34 of the Planning Act enables councils to pass zoning by-laws to regulate the use of land and the location, height, bulk, size, floor area, spacing, character and use of buildings and structures, as well as parking and loading requirements and lot area. Additionally, zoning by-laws may be used to prohibit the use of land or erection of buildings and structures: In marshy lands, lands with steep slopes or otherwise hazardous land; In contaminated lands or in areas with sensitive groundwater or surface water features; 4 Prepared by MMM Group Limited for the City of Brockville

9 In significant natural features and areas; and/or In significant archaeological resource sites. In accordance with Section 24(1), Zoning By-laws must also conform to the Official Plan and be consistent with the Provincial Policy Statement. Zoning By-laws are viewed as one of the primary implementation tools of the Official Plan, effecting its policies. Zoning By-laws are legally enforceable documents with very precise requirements for each property in the municipality. A property owner is not entitled to obtain a building permit unless their proposed building, structure or change in land or building use is consistent with the requirements of the Zoning By-law. Further, persons who have erected a building or structure or changed the use of land or the use of a building which is not consistent with the Zoning By-law that is in effect may be subject to penalties as outlined in the Planning Act. If a person wishes to use their property or construct a building or structure that is not consistent with the Zoning By-law, they may apply for a minor variance or a Zoning By-law Amendment. Minor variances may be granted by the Committee of Adjustment in accordance with Section 45(1) of the Planning Act, provided the variance satisfies the four tests of the Planning Act. Major deviations from the requirements of the By-law require an amendment to the Zoning By-law. As an alternative to Zoning By-laws, Council may direct the preparation and adopt a Development Permit By-law. Development Permit By-laws are discussed in Section 3.8 of this paper. 2.2 City of Brockville Official Plan Brockville s Official Plan is a comprehensive tool for managing physical change in the City. The plan outlines goals, objectives and policies on a wide range of matters, including environmental protection, growth management, land development, community design, economic development, housing, public services, infrastructure, transportation, and direction on planning administration. As the Zoning By-law will be one of the primary tools to implement the Official Plan, and the Zoning By-law must conform to the Official Plan, the Plan s goals, objectives and policies must be carefully considered Goals and Objectives The Plan s goals, objectives and policies are rooted in the principles of sustainability, ensuring that land use City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

10 planning decisions are considerate of environmental, social and economic impacts. The goals of the Official Plan are organized around four strategic themes: A sustainable, healthy and vital city; An economically strong and diverse city; A high quality of City services and amenities; and A well-planned and responsive City. The goals of the Official Plan are supported by more detailed objectives, many of which are relevant to the preparation of the Zoning By-law, including but not limited to: Identifying, protecting and enhancing natural forms, features and functions and protecting significant natural features; Recognizing and respecting environmental hazards in development; Providing for accessible and affordable housing choices that support a diverse demographic; Conserving and enhancing the City s cultural heritage and built heritage and protecting archaeological resources; Revitalizing the Downtown and Central Waterfront Area as a key destination; Developing compact and efficient land use patterns, encouraging a mix of uses where appropriate, and efficient use of infrastructure; Maintaining and enhancing the character of Brockville; Reduce land use conflicts through thoughtful urban design measures such as buffering, setbacks and other measures; Maximizing employment opportunities through supportive and flexible land use permissions; Direct commercial and employment uses to appropriate locations with suitable infrastructure; Capitalize on economic development opportunities with Highway 401 exposure; Provide for emerging retail needs through flexible land use permissions; Focus major commercial uses to suitable areas; Improve the accessibility and walkability of Brockville, including pedestrian-oriented built forms and promote active modes of transportation; Manage parking issues; Encourage sustainable built forms; Ensure excellence in urban design; Protect views and vistas; and Achieve increased densities for development. While there are no direct implications of the goals and objectives on the Zoning By-law, the Zoning Bylaw should generally contribute towards achieving the goals and objectives, through land use provisions that are consistent with and supportive of the statements. For example, encouraging a greater mix of land uses in commercial zones will help to support the objectives of creating more sustainable built 6 Prepared by MMM Group Limited for the City of Brockville

11 forms, achieving increased development densities, and maximizing employment opportunities through flexible land uses Land Use Policies Schedule 1 of the Official Plan indicates the City s structure, including land use designations for all lands within the City as well as structural elements overlaid on the land use designations. The land use designations and structural elements are supported by policies that help to achieve the goals and objectives of the Plan. The policies provide for the types of uses and the general character and intent of the land use designation. The following land use designations are identified on Schedule 1 (see Figure 2.1): The Downtown and Central Waterfront Area (Section 4.2) includes the City s historic core, and a broad mix of uses and concentration of activity. Schedule 2 to the Official Plan indicates a more specific design strategy for building heights and development areas. This area is further subject to the guidelines contained in the Downtown and Waterfront Master Plan and Urban Design Strategy. The Neighbourhood Areas (Section 4.3) are the existing stable residential neighbourhoods of the City, which may include some neighbourhood-scale commercial uses. The Neighbourhood Development Areas (Section 4.4) are the new neighbourhood areas contemplated for development over the horizon of the Official Plan. The Mixed Use and Commercial Areas (Section 4.5) include the commercial uses on Parkedale Avenue and Stewart Boulevard in close proximity to Highway 401, including both the Brockville Shopping Centre and 1,000 Islands Mall and other standalone retail and commercial uses. It is intended that a mix of commercial and residential uses be provided in these areas in a pedestrian-oriented, transit-supportive form. The Corridor Commercial Areas (Section 4.6) include commercial uses on Stewart Boulevard north of Parkedale Avenue as well as other commercial areas on William Street north of the Downtown Area, and various other commercial sites on arterial and collector roads throughout the City. These areas are intended to accommodate uses that serve the travelling public, but also optimize existing infrastructure and transit access. The Employment Areas (Section 4.7) are intended to accommodate a range of manufacturing, warehousing, logistics, offices and related industrial and business park uses. The Institutional Areas (Section 4.8) include institutional uses of a regional nature, such as secondary and post-secondary schools, major places of assembly and administrative facilities. The Institutional designation is not intended to include all institutional areas, as many smallscale institutional uses such as elementary schools, libraries and places of worship are permitted in other designations, such as the Downtown and Central Waterfront Area and Neighbourhood Areas, for example. Parks and Open Space Areas (Section 4.9) includes a range of parks, natural hazards, Provincially Significant Wetlands and the City s natural heritage system. Subject to policies City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

12 ensuring safety and the protection of sensitive natural features, recreational facilities, parks, community centres, cemeteries, marinas and other recreational uses may be permitted in the Parks and Open Space areas. Urban Reserve Areas (Section 4.10) are intended for long-term development, and are not contemplated for development over the 20-year planning horizon of the Official Plan. Only existing uses and agricultural uses are permitted in these areas until there is a need to include these areas in the Urban Area, which will be subject to further studies. Three contiguous Mixed Use Nodes are identified and overlaid onto the land use designations on Schedule 1, including the entirety of the Downtown and Central Waterfront Area (primary node) and both of the Mixed Use and Commercial Areas (secondary nodes). In these areas, transit-oriented development with higher densities and a mix of commercial, residential and community services are encouraged. Several Mixed Use Corridors are also identified, including King Street West, from the limits of the City to the Downtown and Central Waterfront Area, King Street east from the Downtown and Central Waterfront Area to just west of the City s limits; north of the Downtown and Central Waterfront Area along William and Wall Streets; along Park Street; and along Parkedale Avenue, between the two Mixed Use Nodes. Development along these corridors is intended to be transit-supportive, with higher densities and a greater mix of uses. Compatibility with adjacent Neighbourhood Areas is an important development consideration. 8 Prepared by MMM Group Limited for the City of Brockville

13 Figure 2.1 Brockville City Structure (Schedule 1, Brockville Official Plan, February 9, 2012) The land use structure and detailed policies form a major consideration for the Zoning By-law Review. Conformity with the permitted uses and development standards for the land use designations and nodes and corridors will need to be considered, and may require adjustments to permitted uses, the definitions of uses, as well as lot and building requirements Zoning Policies Section of the Official Plan provides policies specifically regarding the Zoning By-law. Under this Section, a Comprehensive Zoning By-law is required to be prepared within 3 years of adopting the Official Plan. The By-law is to include development standards which are consistent with the Official Plan, and the specific zones and permitted uses are to reflect the policies and land use designations of the Plan. In support of the policies, the By-law may regulate minimum and maximum height and density requirements to help achieve the Plan. The Plan specifies that more than one zone may apply to each land use designation to ensure the proper implementation of the Plan s policies. Additionally, it is not the intent of the Plan that all land be zoned for the uses designated in the Official Plan. Existing uses may also be recognized in the Zoning By-law, notwithstanding the policies of the Official Plan. Zoning is referenced nearly 100 times in the Official Plan. In some cases, the Official Plan provides direction that the Zoning By-law is to address certain matters, including: City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

14 The specific uses in each of the land use designations are to be determined by the Zoning Bylaw. Additionally, as the land use designations provide guidance on community design, building heights, densities and other lot and building requirements, consideration will need to be made to conform to these policies. The urban design policies of the Plan are to be implemented through zoning, such as density, land uses at grade, continuous and intermittent building frontages and angular planes. Zoning provisions are to be developed that provide for a varied range of housing forms, types, sizes and tenures in municipally serviced areas. The policies require that provisions be developed to regulate special needs housing to ensure compatibility with the surrounding neighbourhood. Parking standards and design standards for the Downtown and Central Waterfront Area need to be identified. Provisions for bed and breakfast operations should be developed. General separation of industrial uses and sensitive land uses should be considered. Provisions for industrial uses abutting Highway 401, arterial roads, collector roads, such as building orientation, design, setbacks, landscaping, access, restrictions on permitted uses and outside storage should be considered to recognize their visual prominence and compatibility. Provisions for garden suites should be developed. Provision for future road widenings through adequate setbacks for all new development should be included to implement the City s planned road network. The provisions should balance the future width of the road and the urban design policies of the Plan. The Zoning By-law may recognize legally existing uses, even in some circumstances where they do not conform to the Official Plan. The Official Plan also references the types of zoning provisions that may be developed on a site-specific basis to address the specific issues raised as part of development proposals. For example, consideration may be made to include provisions for matters such as setbacks from hazards, prohibition of uses on archaeological resource sites, special standards to facilitate the use of historic buildings (increased height/density, exemption from parking requirements), source water protection, etc. Consideration may be made to incorporate general provisions on some of these issues, where appropriate. 2.3 Overview of the Current Zoning By-law The City s current, in-effect Zoning By-law (194-94) was passed on August 16, 1994, replacing the former Zoning By-law 47-82, approved by the Ontario Municipal Board in Zoning By-law is a typical Zoning By-law and includes a similar format and structure as the Zoning By-laws of many other Ontario municipalities. The Zoning By-law consists of the following sections: 1. Interpretation: The interpretation section includes brief notations on how the By-law is to be applied and interpreted, such as the intent of the definitions, and the application of the by-law to all lands in the City. 10 Prepared by MMM Group Limited for the City of Brockville

15 2. Definitions: This section includes definitions of nearly 250 terms used in the Zoning By-law, and is intended to aid in interpreting the By-law and ensuring consistent application of terminology. 3. General Provisions: The general provisions include regulations that apply to the whole municipality. The General Provisions are organized into thirty subsections, addressing a wide range of matters, such as requirements for accessory buildings and structures, parking requirements, provisions for home occupations, provisions for fences, and so on. In most cases, the provisions are only applicable under certain circumstances. For example, the provisions for accessory buildings and structures only apply to any proposed accessory buildings and structures. 4. Zone Classifications and Permitted Uses: This section lists the various classifications of zones and the symbols for the zones, including the prefix symbols (holding symbols, temporary use symbols). This section also includes provisions for interpreting the location of the zone boundaries. 5. Residential Zones: This section lists the types of uses permitted in each of the residential zone classifications in a table format. Various provisions restricting density apply to certain types of uses in (as notations to the permitted uses). This section also lists the various provisions for each of the permitted uses (lot area, frontage, yard requirements, height, etc.), with accompanying provisions respecting certain uses in certain zones. 6. Commercial Zones: This section similarly describes the uses permitted for each of the commercial zone classifications in a table format, with accompanying provisions as notations to the table. The zone provisions are organized by zone classification, rather than by use, and also include accompanying provisions. 7. Non-Residential and Non-Commercial Zones: This section is similarly organized, with permitted uses for each of these 9 zone classifications and provisions organized by zone classification rather than by use. 8. Special Exception Zones: This section lists each of the Special Exception Zones, which are sitespecific zones with special use, lot or building requirements. The special exception zones are organized into one of nine Planning Districts, which is illustrated on an accompanying map. The Official Plan no longer organizes the municipality into Planning Districts. 9. Compliance with the By-law: This section includes three provisions regarding application and compliance with the By-law under specific circumstances. 10. Administration, Enforcement and Penalties: This section includes provisions regarding the procedures for administering and enforcing the by-law, and the penalties for illegally contravening the requirements of the By-law. 11. Repeal of By-law as Amended and Effective Date: This section repeals the previous bylaw and effects by-law City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

16 The accompanying Zoning Map (Plate A to Zoning By-law ) zones all land in the municipality into a Zone category or a special exception zone. The provisions associated with the zoning apply where the zoning is shown. The roadways and railways of the municipality, including Highway 401 and its interchanges, are not zoned. The St. Lawrence River is also not zoned, though some zone boundaries appear to extend into the water, reflecting water lots. Butlers Creek and Buells Creek are shown on Plate A and their corridors are zoned Environmental Protection (). Islands within the St. Lawrence River are zoned Open Space. 12 Prepared by MMM Group Limited for the City of Brockville

17 3.0 Key Issues & Opportunities A number of key issues and opportunities have been identified based on the review of the policy framework, the zoning By-law and initial consultation with City staff. As noted in the introduction, this section is not intended to be an exhaustive list of matters to be addressed through this project. Rather, this section focuses on the key issues and opportunities which will require further discussion and consultation. Preliminary recommendations for addressing the issues and opportunities is identified, but will be subject to consultation and further discussion. Additional key issues and opportunities may also be identified through consultation. 3.1 Pre-Zoning as an Approach to Implementing the Official Plan Pre-zoning means applying different heights, densities, or a set of permitted uses to a specific site or an area through the Zoning By-law Update, in accordance with the policies of the Official Plan, rather than requiring landowners to submit a rezoning application on a site-by-site basis. When the Comprehensive Zoning By-law is passed, the pre-zoned properties are zoned for future development and/or redevelopment, and are generally only subject to site plan approvals and building permits (and meeting conditions to remove holding symbols, if applied). Pre-zoning could be considered as an option to implement increased heights, densities and/or a greater range of uses where these provisions are contemplated for the City s Downtown and Central Waterfront Areas or the Mixed Use Nodes and Corridors, for example. One significant benefit to pre-zoning is that it may help to encourage development to occur more quickly, by eliminating the need for the Zoning By-law Amendment. Additionally, it helps the City to articulate its expectations for development on a property or in an area. An amendment or variances are required where a deviation is proposed from the pre-zoned standards. There are several risks and potential issues associated with pre-zoning. Without the submission of supporting studies associated with a Zoning By-law Amendment, the new zoning may not be considerate of site-specific issues, such as compatibility with adjacent neighbours, traffic impacts, servicing constraints, or other matters normally addressed as part of a development application. Even where a property is pre-zoned for future development or redevelopment, applicants would still be subject to site plan control, which would be the only opportunity to address certain matters, in accordance with Section 41 of the Planning Act. Another issue arising from pre-zoning includes the inability to properly address conditional policies of the Official Plan. That is, many policies are criteria-based, necessitating study through development application review to ensure the policies are satisfied. When zoning entitles a use, there are limits on development review, and it is difficult to ensure that the policies of the Official Plan are being achieved. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

18 Pre-zoning for the Downtown and Central Waterfront Area is discussed in more detail in Section Neighbourhood Development Areas (New Areas) The City s Neighbourhood Development Areas are intended to be the focus of new low and medium density residential development in the City over the horizon of the Official Plan. Currently, development of some of these areas would require a Zoning By-law Amendment. The Neighbourhood Development Areas are subject to holding provisions and are zoned with a corresponding base residential zone, such as. The Neighbourhood Development Area located on the north side of King Street West and the east side of Centre Street is zoned a special exception to the M1 zone, recognizing that the property is a former industrial use, the former Phillips Cable manufacturing plant. There are two options for zoning the Neighbourhood Development Areas: 1) that they be zoned such that only existing uses will be permitted (e.g., a Future Development Zone or other similar zone), or 2) that the existing zoning be maintained (currently, the City applies a holding symbol to most of these areas). In either case, the developer should still be required to come forward with a Zoning By-law Amendment in order to proceed with development. However, the City is still able to provide a template of new zone standards for the Neighbourhood Development Areas in the Zoning By-law, which can serve as the model for future development proposals in these areas. Developing this model zoning will also assist in the City s review of development applications within Neighbourhood Development Areas. Consideration will need to be made to developing zone standards that implement the policies of the Official Plan, such as providing for more compact development forms (smaller lot sizes, wider range of unit types), more attractive design standards (garage setbacks/widths, smaller front yard setbacks, etc.), as well as provisions that address compatibility between the Neighbourhood Development Areas and existing Neighbourhood Areas (such as uses/forms permitted adjacent to existing housing, application of an angular plane to limit heights and protect privacy, and so on). Figure 3.1 illustrates some examples of neighbourhoods which have implemented zoning standards to permit the types of development intended by the Official Plan. 14 Prepared by MMM Group Limited for the City of Brockville

19 Figure 3.1 Examples of neighbourhoods with higher density development standards and contemporary design measures Example of single and semi-detached homes under construction in Stouffville, Ontario. Low-rise stacked townhomes in Ottawa, Ontario. Example of new single detached homes in Kingston, Ontario. The homes have rear laneways. Example of medium-density stacked townhomes in Pickering, Ontario. Townhouses in Ottawa, Ontario. Street-oriented new commercial development in Ottawa, Ontario. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

20 3.3 Neighbourhood Areas (Existing Areas) With regard to the City s existing Neighbourhood Areas, the key issue will be to ensure that the zoning protects and conserves neighbourhood composition and form in accordance with the policies of the Official Plan. It is not anticipated that these areas will change substantially over the horizon of the Official Plan, with the exception of minor infilling, rounding out or potential additions to, or redevelopment of, existing homes. There are essentially two options to zone these areas: 1) retain the zoning as status quo; or 2) to refine the zoning to reflect the characteristics of the established neighbourhoods. In some cases, the status quo zoning may well reflect the character of the existing neighbourhoods, but in other cases, the existing zoning may not address the specific aspects of the community that contribute to the distinctiveness of the neighbourhood character. For example, the zone applies broadly to many historic residential neighbourhoods with minimal front yard setbacks and no garages or detached garages, as well as to some larger-lot, newer subdivisions with large front yard setbacks and attached garages (e.g., historic Bartholomew Street versus Fitzsimmons Drive). Consultation with City departments and residents will be valuable to ensuring that neighbourhood-specific concerns are addressed. The application of the residential zones to the stable neighbourhood areas should be reviewed and considered in detail relative to the neighbourhood character, thereby ensuring that the zoning is appropriate and does not permit undesirable physical change. 3.4 Downtown and Central Waterfront Area The Downtown and Central Waterfront Area is the City s historic core area, with a dense built form and a concentration of a wide range of land uses and mixed-use buildings. The Official Plan provides detailed guidance on the character and development in the Downtown and Central Waterfront Area, in accordance with the policies of Section The design strategy is also supported by Schedule 2, which illustrates the Downtown and Waterfront Master Plan and Urban Design Strategy, and provides supportive, detailed guidelines for this area. The policies and guidelines address matters such as building frontages, transitions in height and massing, ground floor uses, and building heights. Schedule 2 to the Official Plan identifies more detailed design elements in the Downtown and Central Waterfront Area, including building heights for highly visible potential Skyline Development Area sites. It is intended that the Zoning By-law implement the Plan s Urban Design policies through tools including, but not limited to floor space index or other measures of density, land uses at grade, continuous/intermittent frontage and angular planes to manage compatibility (Policy ). 16 Prepared by MMM Group Limited for the City of Brockville

21 Figure 3.2 Design Strategy for the Downtown and Central Waterfront Area (Schedule 2, Brockville Official Plan, dated February 9, 2012) The Zoning By-law currently zones the Downtown and Waterfront Commercial Areas in a number of zone classifications, reflective of the varied heights and broad range of uses in this area. The zones applied to the Downtown and Waterfront Area are summarized as follows: The Zone applies primarily to properties along King Street (the Primary Main Street), from Clarissa Street to just west of Park Street. This zone permits a wide range of commercial uses, including existing automobile service uses (new uses require a special exception), as well as parking lots and parking garages as principal uses, but excluding many larger retail uses. These lots are intended to be dense, with lot coverage at 80%, and building heights ranging from 4 to 6 storeys, and subject to the angular plane. The C3A C3E zones apply to the waterfront areas. The uses permitted are the same for all of these five zone categories, and are inclusive of a wide range of commercial uses, but exclude automobile service uses. The lot requirements require a maximum lot coverage of 80%, indicating a compact development form. The zones are primarily differentiated by the maximum height provision, which ranges from 2 to 6 storeys, and by Floor Space Index (FSI) provisions, which range from 1 to 2. The angular plane also applies to these zones. Other zones are applied to various sites based on their use, including but not limited to,, R9, and zones. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

22 There is an opportunity to consolidate the zones, to differentiate between the Main Street Areas and Waterfront Areas, in particular, through for example MD and MW zones for Mixed Use Downtown and Mixed Use Waterfront, respectively. These examples of potential zone symbols are provided for discussion purposes only. Although some older Zoning By-laws use M zones for employment zone categories, M is increasingly being used to symbolize mixed use zone categories. Employment uses could be symbolized by E. The other key issue that needs to be addressed is how to appropriately implement the design policies of the Official Plan and the guidelines contained in the Downtown and Waterfront Master Plan and Urban Design Strategy (DWMPUDS). The Official Plan contemplates greater heights than are currently permitted by the Zoning By-law, including the heights planned for the skyline properties as shown on Schedule 2. The Zoning By-law currently implements some design tools, such as build-to-planes, minimum building heights and the angular plane concept as a tool for managing transition and compatibility, but it does not address other important tools for addressing other character and design issues, such as: regulating density through floor space index or other measures (note that density provisions are used to differentiate residential zones); continuous and intermittent building frontages (i.e., ensuring creation of a street wall on King Street); minimum ground floor height (i.e., a minimum ground floor height of 4.5 metres is required for new development on Main Streets, Water Street and Secondary Streets); providing for a consistent building height of 2-3 storeys at the street edge (though generally achieved through build-to-planes and angular planes); restricting uses at grade, including limiting where at-grade residential uses are permitted; and/or provisions for home occupations, which are permitted as an accessory use within any main dwelling unit. There is a limited opportunity to pre-zone the Downtown and Central Waterfront Area to implement the Official Plan s urban design policies and the guidelines of the DWMPUDS. The Official Plan requires a site-specific Zoning By-law Amendment for development over three storeys (Sections and ). Development over five storeys is also subject to an Official Plan Amendment. Further, since the development of the Skyline Development Areas is to be in accordance with the heights established on Schedule 2 and Policy (refer to Figure 3.2 above), the development of these areas will be subject to at least a site-specific Zoning By-law Amendment and potentially a site-specific Official Plan Amendment. Additionally, there are many criteria-based policies that speak to transitions and compatibility in height and massing and other development conditions, which are difficult to implement in zoning, since they are conditional and zoning is prescriptive. For example, the criteria under Sections and provide criteria for development over three storeys and five storeys, respectively. It would therefore not be appropriate to pre-zone for greater heights and densities. 18 Prepared by MMM Group Limited for the City of Brockville

23 However, the special design provisions could be implemented in the By-law as general provisions, or as special provisions for the Downtown and Waterfront mixed use zones. Requirements for continuous and intermittent frontages (i.e., Policies , , ), minimum building heights of 2 storeys (Schedule 2, Policy ), and requirements for build-to lines and other measures can be implemented in the Zoning By-law, or reviewed where there are existing provisions. The extent of applicability of these provisions may need to be supported by illustrations on a map schedule as an overlay or a separate schedule, or alternatively described in detail in the text (e.g., a simplified example may read as A continuous building frontage of 100% shall apply to both sides of King Street West in the MD zone ). Specific provisions to address these policies will be developed as part of the Draft Zoning By-law. Overlay zoning and form-based zoning could be used to address building height and other design provisions. For example, MD-3 could apply to Mixed Use Downtown zones with a maximum building height of 3 storeys. Overlay zoning introduces zone standards into the zone maps, providing for more site-specific standards. Form-based zoning provides more detailed standards, intending on achieving a specific built form rather than focusing on land use. In form-based zoning, land uses are only generalized. The use of these more contemporary approaches would reduce the number of zones while retaining the detailed provisions for built form. 3.5 Mixed Use Commercial Areas The Official Plan contemplates a mix of residential, commercial uses and transit-oriented development design for the Mixed Use and Commercial Areas. These are also considered to be Mixed Use Nodes and subject to the policies of Sections and There are clear differences between the current zoning for these properties and the Official Plan s intent. The current zoning does not provide for residential uses, and the lot and building requirements are more consistent with the current uses (commercial shopping areas), rather than transit-oriented development, which would require small front yard setbacks, rear or side yard parking, greater heights and density requirements and similar design measures. Consistent with the discussion in Section 3.1, pre-zoning these lands for the desired transit-oriented development is not considered an appropriate option for implementing the Official Plan. Applications for the type of development that is contemplated by the Official Plan should proceed through a sitespecific zoning by-law amendment to ensure that the specific issues of the development proposal are properly addressed. Furthermore, the Official Plan intends for the preparation of a secondary plan and/or an urban design strategy to more specifically guide development in the node and ensure that a coordinated plan will be achieved (Policies and ). However, there may be an opportunity to pre-zone the mixed use and commercial areas to accommodate transitional development, such as stand-alone restaurants and retail uses at the street, and to consider appropriate reductions to parking requirements. This would permit these areas to respond to changing retail and market needs and help to support the viability of the commercial areas. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

24 3.6 Mixed Use Corridors The Official Plan identifies several Mixed Use Corridors, consisting of various land use designations, including Neighbourhood Area, Corridor Commercial Areas, Open Space, Employment Areas and Institutional Areas. The Mixed Use Corridors are intended to transform to a mix of uses, higher densities, and transit-supportive development, helping to connect the Mixed Use Nodes. As in the case of the Mixed Use Nodes, pre-zoning for the types of uses and development standards intended by the Official Plan would not be an appropriate means of implementing the Official Plan s policies. Applications for redevelopment or infill development should proceed through a site-specific zoning by-law amendment, particularly to address the issues of compatibility with adjacent, low-rise and stable Neighbourhood Areas. Further, although not stated by the Plan explicitly, secondary plans or urban design strategies may be prepared to help guide redevelopment in the Mixed Use Corridors, as indicated in Policy , or in coordination with such plans for the Mixed Use Nodes. 3.7 Application of Holding Prefix Under Section 36 of the Planning Act, municipalities may apply holding symbols to zoning to provide for future land uses upon removal of the holding symbol by by-law. While considered to be a by-law under Section 34 of the Planning Act, holding by-laws have different appeal and notice requirements than Zoning By-laws, in accordance with the Section 36. The City of Brockville s Zoning By-law applies five holding prefix categories, as shown in Table 3.1 below: Table 3.1 Summary of Holding Categories Symbol Name Description Use/Application H1 Servicing holding Servicing agreement required to Council s satisfaction. Most frequently used holding provision. Used frequently in H2 Special design features holding Special features need to be incorporated into the development. H3 Phasing holding Council must be satisfied development is not premature. H4 H5 Land assembly holding Environmental hazard holding Lands must be assembled to meet frontage/lot area requirements or to eliminate landlocked parcels (presumably parcels with no access). MOE must be satisfied that remedial measures are taken to remove contamination. new development areas. Frequently applied to new development areas. Applied to several properties based on their circumstances. Applied to several properties based on their circumstances. Applied to several properties based on their circumstances. 20 Prepared by MMM Group Limited for the City of Brockville

25 Under Section 36(2) of the Planning Act, the Official Plan must contain provisions regarding the use of Holding Symbols to be able to utilize them. Policy addresses holding zones, enabling their use for the purposes of ensuring that various conditions are met, to allow the City to support a development in principle, but prevent development from occurring until certain conditions or actions are completed. This may relate to the provision of municipal services, phasing of development, provision of roadway infrastructure, land assembly, installation of noise attenuation measures, completion and confirmation that environmental contamination works are completed, completing of supporting studies, confirmation that various other permits/approvals from external authorities are received, completion of development, site plan approval, compliance with specific Official Plan policies and other actions as determined through a site specific amendment. The current By-law s applications of the holding symbol are generally consistent with the Official Plan. There may be a need to modify the holding symbols and provisions to address administrative issues or to address other conditions. Other holding symbol categories could be developed to address other conditions as described in the Official Plan or as required under applicable legislation. 3.8 Development Permit System The Brockville Official Plan contemplates the implementation of a Development Permit System, which streamlines the zoning, minor variance and site plan approvals processes into a single development application process. However, the Official Plan does not outline the specifics for developing the system. This section describes the background and purpose of a Development Permit System, describes how and why a Development Permit System might be implemented in Brockville, and evaluates whether the City should consider implementing the Development Permit System as part of the Zoning By-law Review Background and Description of the Development Permit System The Province permits municipalities to implement a Development Permit System in accordance with Ontario Regulation 608/06, which went into effect on January 1, 2007, as part of changes to the Planning Act through Bill 51. Prior to this regulation, only five pilot municipalities were allowed to implement a development permit system. A development permit process is an alternative municipal planning approvals process, which essentially replaces zoning, minor variances, and site plan approvals for an area that is subject to a development permit by-law. The development permit by-law can apply to either a part of the municipality or the whole municipality. Before passing a development permit by-law, however, the City s Official Plan must contain policies regarding the use of development permit systems. The policies must address which area (or areas) of the municipality are considered to be a development permit area. The policies must also outline the City s goals, objectives and policies for development permit areas, as well as policies about what types of conditions can be imposed in development permits. Once the Official Plan policies are in place, the development permit by-law may be prepared and passed by the City. The development permit by-law can address all of the matters normally addressed by Zoning City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

26 By-laws under Section 34 of the Planning Act, and all of the matters addressed by Site Plan Control Bylaws under Section 41 of the Planning Act. Like a Zoning By-law, a development permit by-law must prescribe permitted uses. Unlike a Zoning By-law, however, the development permit by-law may also list discretionary uses, which may be permitted subject to compliance with the conditions specified in the development permit by-law. Where an applicant is proposing a discretionary use, the applicant will typically be required to submit additional information and technical studies in support of their application, to illustrate that their proposed development implements the recommendations of technical studies, such as buffering requirements. Further, like a Zoning By-law, the development permit by-law prescribes maximum and minimum standards for building heights, parking requirements, setbacks, etc. However, unlike a Zoning By-law, the development permit by-law may also indicate acceptable variations from the prescribed minimums and maximums, which can be approved subject to fulfilling specified conditions. For example, the development permit by-law could indicate that a 10% variance from the minimum required side yard setback is acceptable if appropriate buffering is put into place. If a proposed development does not comply with either the prescribed minimum or maximum standards or the acceptable variances (or the conditions), an amendment to the development permit by-law is required to permit the development. The development permit by-law may address matters dealt with through the site plan approval process, including the submission of detailed plans and drawings in support of the development permit application. As in the case of site plans, the City may pose conditions on development permit approval. Development Permit By-laws may impose a very wide range of conditions to help meet the City s planning objectives. Conditions may need to be cleared prior to receiving approval (i.e., they must be addressed prior to receiving the permit) or they may be conditions attached to approval (i.e., the conditions must be addressed on an on-going basis). However, the Official Plan s policies must address the types of conditions that the development permit by-law may use, and these conditions must be clear and quantifiable. Furthermore, the conditions cannot deal with building interiors (with some exceptions) or construction standards. Anyone is able to appeal the conditions proposed in the Official Plan or the development permit by-law while the OPA or the by-law is being prepared; however, only an applicant can appeal any imposed conditions on a development permit after the by-law is in effect. The development permit system is considered to have several benefits over traditional zoning and site plan approvals processes. For example: The system is considered to provide more certainty to applicants/developers, since the by-law clearly outlines what is permitted, and what can be permitted subject to meeting pre-set conditions. The system is intended to be more flexible, since it provides for a range of discretionary uses up front, subject to meeting conditions. It also provides for a range of variations from normally accepted lot and building requirements, subject to meeting pre-set conditions. The system is intended to be more efficient, incorporating zoning, minor variances and site plan approval into a single application process. The approvals process is intended to be shorter, with 22 Prepared by MMM Group Limited for the City of Brockville

27 approvals for development permits taking about 45 days versus 120 days for zoning by-law amendments. Since development is defined to include site alteration and removal of vegetation, the development permit by-law can directly address site alteration and tree cutting, which is normally addressed through separate by-laws and processes (thus a development permit is required to permit these activities). Approval of development permits may be delegated to municipal staff or a committee, which may be easier to administer. It should also be noted that the development permit system emphasizes an up-front consultation process. It is expected that significant consultation take place during the preparation of the Official Plan policies for the development permit system and during the preparation of the development permit by-law, to ensure that landowner concerns are considered. When a municipality makes a decision on a development permit application, only the applicant will have a right to appeal a decision to the OMB, emphasizing the need for upfront consultation on the development permit by-law Examples of Other Development Permit Systems Only a handful of municipalities have implemented a development permit system. The Township of Lake of Bays was the first municipality to implement the system, identifying only the areas designated Waterfront by the Official Plan as Development Permit Areas. The Town opted to implement the system due to its effectiveness in implementing design policies and the ability of a Development Permit By-law to regulate site alteration and vegetation removal. The By-law identifies two categories of development permits, which have different levels of approvals: one category is for relatively straightforward applications in which staff are the approval authority; the other category includes more significant applications in which Council is the approval authority and a public notification applies. The By-law identifies both permitted and discretionary uses for a range of shoreline-related residential, commercial and recreational zones, and applies permitted standards as well as possible variations subject to approval by staff or Council, depending on the category of permit. The Town of Carleton Place has implemented a Development Permit system for their whole municipality, meaning that the Town no longer administers a Zoning By-law or Site Plan Control By-law. The Town s Official Plan outlines objectives, development permit application requirements, and enables the Development Permit By-law to outline discretionary uses in addition to permitted uses. The policies allow the Permit to provide variations from the required standards. Finally, the Official Plan policies enable the Town to impose a wide variety of conditions on approval. The By-law itself provides for three classes of development permits, ranging from straight-forward permits (including minor variations) which can be approved by staff, to more complex applications for discretionary uses which involve public notification and Council approval. The By-law provides very detailed requirements for exterior design, supportive of photographs and illustrations. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

28 The Town of Gananoque has also implemented a development permit system for their whole municipality. The By-law is largely similar to Carleton Place, enabling the use of discretionary uses in addition to permitted uses, and allowing for variations from the specified lot and building standards. The By-law also identifies three classes of development permits class I permits are subject to approval by staff, class II permits by the Planning Advisory Committee and Class III permits are considered by Council. The By-law also provides very detailed criteria for exterior design, inclusive of illustrations Requirements for Implementing a Development Permit System in Brockville The Official Plan currently requires an Official Plan Amendment to implement a Development Permit System (Policy ). The OPA would need to address the following matters, which are consistent with the matters that municipalities must address in accordance with the Development Permit regulation: The development permit area would need to be identified; The scope of authority that may be delegated and limitations on delegation, should the City choose to delegate any authority under the development permit by-law (e.g., delegation of development permit approval authority to staff or a committee); The goals, objectives and policies for the development permit area(s); The types of criteria that may be included in the by-law to help evaluate development permit applications; and The types of conditions that may be included in the by-law Options for a Development Permit System in Brockville There are several potential development permit areas that could be considered in Brockville: A City-wide development permit system; A development permit system just for the Downtown and Waterfront area; or A development permit system for the Downtown and Waterfront area and the City s nodes and corridors (intensification areas). The development permit system is best suited to evaluating and processing applications for infill development and intensification in the City s designated intensification areas. The development permit process helps the City to establish very clear expectations for development in these areas, which is essential to ensuring attractive design and compatibility with neighbouring stable neighbourhoods. In particular, the City may use conditions to allow for mixed use development as well as for requiring building step-backs (angular plane), buffering, etc. The shorter timeframes and simplified process may also help to encourage applications for intensification to come forward. The City can also set a wide range of conditions that must be met prior to approval, including conditions for the provision of community services, conditions for streetscape improvements, and conditions for the provision of community facilities in exchange for additional height and density. These tools can help the City to best achieve its objectives for intensification areas. 24 Prepared by MMM Group Limited for the City of Brockville

29 The Zoning By-law continues to remain suitable for processing development applications in the City s Neighbourhood Development Areas and in the Neighbourhood Areas. Under the current process, developers would need to come forward with a Zoning By-law for the development, which could better address a proposal involving a range of different unit types and lot standards. As discussed in our memo to you dated May 22, 2013, the Comprehensive Zoning By-law can still establish template zones as a basis for reviewing development applications. In the stable areas, the current system allows for a public process in association with variances from the current zoning, which is desirable for ensuring the character of these areas is maintained. Consideration will be made to update some of these standards as part of the Zoning By-law review. It is recommended that a development permit system could be most appropriate for the downtown and waterfront area and possibly for the nodes and corridors, where intensification is encouraged. However, an OPA is required to implement the system. Additionally, the development permit by-law would need to be prepared through a thorough public consultation process, particularly since third parties do not have appeal rights in respect of development permit applications. It is further recommended the development permit system be considered as part of the City s five-year review of its Official Plan. The standards being reviewed and updated through this Zoning By-law review could help inform the standards that could be used in a future Development Permit System, should it be desired by the City. 3.9 Minor Variances In accordance with the Planning Act, the Committee of Adjustment may grant minor variances to permit development that is not consistent with the Zoning By-law, provided the deviation is only minor in nature and the proposal conforms to the general intent of the Official Plan and Zoning By law. The City maintains a complete history of minor variances since By-law was approved. Minor variances, to date, are summarized in Table 3.2 below: Table 3.2 Summary of Minor Variance Applications Requirement Number of Applications* Number Approved* Number Denied * Characterization / similarities in applications Side yard setback Many zones, but primarily -; Many relate to permitting garage/carport encroachments. Some relate to recognizing existing non-complying structures (such as in association with a severance). Several relate to accessory buildings/structures such as sheds or decks. Front yard setback (1 was appealed and withdrawn) 2 Variety of zones, primarily -; several commercial variances relate to permitting awnings and reducing the setback to proposed parking spaces; residential variances relate to permitting structures in the front yard, especially porches, or to recognize dwelling encroachments City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

30 Requirement Number of Applications* Number Approved* Number Denied * Characterization / similarities in applications Rear yard setback Minimum lot area Primarily relates to - zones; most variances to recognizing existing structures and to accommodate accessory structures (sunrooms, decks) Relate primarily to and zones; varying circumstances, often relating to severances, others relating to proposed development which require lot reductions (e.g., converted dwellings or duplexes) Variety of zones, mostly,, RU; relate primarily to severances Two commercial and one residential zone; various reasons Reduction to accommodate a temporary trailer Minimum lot frontage Maximum lot coverage Minimum retail floor area Parking spaces Apply to variety of commercial, institutional, industrial and residential zones. Commercial: primarily reductions in required # of parking spaces. Industrial: permit parking in the front yard. Residential: relief from parking spaces, reductions in parking dimensions and permission for parking in front/exterior side yards primarily. Visibility triangles Variety of zones; various permissions for buildings, driveways, etc. to encroach in visibility triangle Home occupations and zones; recognition of various specific types of home occupations Driveways Variety of zones; variety of issues; several variances relate to reduction in required distance between driveway and intersection Change in use or addition of use Fencing and plantings Non-conforming uses Non-complying buildings and structures Landscaped open space Varied types of uses in a variety of commercial, industrial, but mostly low-density residential zones. Some are for permission for a change of use to another legally non-conforming use Varied increases/relief from fences and planting strips based on site specific conditions Various expansions of legal non-conforming uses or permissions to similar legal non-conforming uses Various further relief of non-complying buildings, structures and parking areas to accommodate minor additions. All relate to residential zones and one commercial zone Various reductions in landscaped open space to accommodate additions, consents, parking areas, etc. All relate to residential zones and one commercial zone. Residential units Permission for accessory apartments in commercial zones. Various permissions in residential zones. Relates to a mix of commercial zones, residential 26 Prepared by MMM Group Limited for the City of Brockville

31 Requirement Number of Applications* Number Approved* Number Denied * Characterization / similarities in applications zones and one industrial zone. Definitions Variations on definitions to add related uses Retail Reduction in min. retail area and to permit retail sales in a home occupation Zone Permit porch Accessory buildings and structures Relief permissions Various yard relief, height increases, and permission to construct accessory structures in the front yard. Primarily for residential zones Various permissions for parking spaces and structures in front and exterior side yards, Open storage Increase allowable open storage in an M1 zone Seasonal use Permissions for garden centres Density All three approved are for zones townhouses Buildings Minor increases to building heights for various purposes; various commercial and residential zones Services Relief from requirement for water and sanitary sewers in an RU zone *Note that there may be some duplications, as some minor variances fall into more than one category. There are no major, clear issues or patterns that emerge from the list of minor variances which would indicate a need to modify the zoning provisions to prevent unnecessary minor variances. Most of the variances appear to relate to site-specific issues that were appropriately considered by the Committee of Adjustment through a public process. However, changes to the Zoning By-law s provisions completed as part of this project may also help to eliminate the need for future minor variances. For example, if smaller side yards are considered in the new development areas, there may not be a need for side yard variances in these areas. Furthermore, modernization of the definitions and regulations for commercial and industrial areas (refer to the section below) may also eliminate the need for some future land use variances Modernization of Definitions Definitions are an important part of a Zoning By-law which ensure consistent interpretation and application of the By-law s provisions. A comprehensive set of clear definitions is desirable for a Comprehensive Zoning By-law. An issue raised by City staff is the need to modernize the definitions contained in the Zoning By-law, which will include the following tasks: Ensuring that all permitted uses are defined; Using contemporary terminology that reflects more current types of retail stores, commercial and industrial uses and making adjustments to definitions as necessary to reflect more recent terminology or legislative changes; Ensuring consistency with the definitions in the Official Plan, where terms are defined in the Official Plan; Clarify and simplify definitions; and City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

32 Supporting the technical definitions with illustrations to assist in interpretation and ensure consistent interpretation Exceptions Site-specific zones are created where special provisions are necessary for site-specific circumstances, or as the result of a site-specific Zoning By-law Amendment in which the provisions of the Zoning By-law Amendment do not conform to the provisions of the Zoning By-law. It is common for Comprehensive Zoning By-laws to include hundreds of zone exceptions. The Brockville Zoning By-law has 168 sitespecific exceptions (as of May 15, 2013), in Table 3.4 as follows: Table 3.3 Number of Exceptions by Zone Type Zone Type Number of Exceptions (includes one or more zone classifications) Residential 54 Commercial 67 Industrial 19 Open Space 2 Institutional 18 Rural 8 The site-specific exception zones are included in Section 8 of the Zoning By-law, and organized into one of nine Planning Districts, which are illustrated on a map. The Planning Districts were based on the organization and mapping of the previous Official Plan. Since the new Official Plan no longer references the Planning Districts, the zone exceptions should be organized by Zone category. The exceptions are indicated on Plate A the Zoning Map. It is therefore recommended that the Planning Districts Map not be carried forward into the new Zoning By-law, and that the exceptions be illustrated as part of the Zone Map. Opportunities to consolidate and eliminate some exceptions should be considered in the Zoning By-law Review. Since new zones are being introduced, or provisions or permitted uses may be modified, some of the exceptions may no longer be required under the new Zoning By-law. However, since each sitespecific amendment was subject to a planning process, the site-specific amendments should generally be preserved where they cannot be consolidated due to changes in provisions. Further, the Official Plan states that existing uses may be recognized in the Zoning By-law notwithstanding the policies of the Plan (Section ). 28 Prepared by MMM Group Limited for the City of Brockville

33 3.12 Parking and Loading Parking and loading is regulated in detail in the Brockville Zoning By-law, under Sections 3.7 to 3.9 in the General Provisions. The required minimum number of parking spaces is regulated for each land use, and provisions regarding the design of parking areas, loading areas, driveways, ingress and egress are provided. It will be important to ensure that parking standards for each permitted use in the Zoning Bylaw is addressed to ensure clear interpretation and contemporary standards. Section of the Official Plan provides policies on parking. The Plan recognizes the importance of providing sufficient parking in the City, recognizing that the automobile will continue to be the principal mode of transportation in the City. Detailed standards on parking and loading are to be addressed in the Zoning By-law. Additionally, the Plan promotes shared parking between residential and non-residential uses to promote efficient use of parking spaces. Special consideration will need to be made for parking standards for the Downtown and Central Waterfront Area. The Official Plan requires that the Zoning By-law establish appropriate standards for this area. The Downtown and Central Waterfront Area may be suitable for reduced parking standards, due to the availability of shared parking facilities, transit accessibility and walkability. As the Zoning By-law currently provides parking requirements based on use, the special parking provisions would need to apply to uses only permitted in the Downtown and Central Waterfront Area (e.g., mixed use buildings), or the reduced parking provisions would need to be provided as part of general provisions or zone provisions. Alternatively, reduced parking requirements may only be considered on a site-specific basis as part of a development application and Zoning By-law Amendment. It is noted that a detailed review of parking space and parking area provisions is required to ensure that they are consistent with any changes that may be made to permitted uses, and to ensure that all permitted uses are addressed in the parking provisions. This ensures consistent application of parking requirements Natural Hazards The Official Plan intends that development not be permitted in areas that are susceptible to hazards, including flooding hazards, erosion hazards or human-made hazards (Section 3.7.1). Natural hazards include flooding hazards as well as steep slopes and areas susceptible to erosion. Schedule 3 generally identifies flood hazards in Brockville (Figure 3.3). The current zoning By-law addresses hazards related to the creeks by zoning them Environmental Protection () to prohibit development. The zone is intended to be consistent with the floodplain, which is defined in the By-law as the horizontal area on either side of a watercourse. The zone appears to include the flood hazards overlay on Schedule 3 of the Official Plan. In most cases, the zone is larger than the flood hazards overlay in the Official Plan, indicating that the zone is inclusive of the watercourse and adjacent valleylands. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

34 A permit from the Cataraqui Region Conservation Authority is required for development or site alternation under the following circumstances: The development is located in the channel of a watercourse or drain, in a lake, pond or in any wetland; The development is within 15 m of the floodplain; The development is within 50 m of the top of bank of a river, stream, lake or other watercourse; The development is within 120 m of a provincially significant wetland; and The development is within 30 m of any other wetlands greater than 0.5 hectares. 1 The regulated area is delineated on Schedule 3 of the Official Plan as the Screening Area for the Cataraqui Region Conservation Authority, and includes lands adjacent to watercourses and the shoreline area of the St. Lawrence River. While the Zoning By-law currently identifies the flooding hazards associated with watercourses, there are no provisions related to the shoreline as a potential natural hazard. However, a permit would still be required from the Cataraqui Region Conservation Authority. Municipalities have adopted a number of approaches for addressing flood hazards and steep slopes in their zoning by-laws. For example, the City of Ottawa illustrates the Flood Plain as an overlay, and subjects anything within the flood plain to general provisions, which prevail over the provisions of the underlying zone. Another common approach is to apply a Floodplain or natural hazard suffix to the zone, and the suffix is tied to a General Provision, stating that development is subject to approval by the Conservation Authority. This approach is used by the Town of Smith s Falls, for example. This approach may be used to address potential hazards in Brockville which are not zoned, such as the shoreline. This makes it clear that approval by the Conservation Authority is required without affecting development entitlement. Currently, the Zoning By-law includes a general setback from the St. Lawrence Shoreline, which is to be 5 metres measured from and perpendicular to the 1:100 year stillwater geodetic elevation of 75.8 metres (248.7 feet). The Conservation Authority will be consulted in this project to discuss whether the status quo provisions are suitable, or whether it would be beneficial to include an overlay corresponding to the Conservation Authority s regulated area. 1 Source: Ontario Regulation 148/06 30 Prepared by MMM Group Limited for the City of Brockville

35 Figure 3.3 Natural Heritage System Open Space and Constraints (Schedule 3, Brockville Official Plan, dated February 9, 2012) 3.14 Natural Heritage Conservation The Official Plan requires the protection of significant natural heritage features, and promotes the protection of other natural heritage features (Section 3.6.5). Schedule 3 to the Official Plan maps the location of known significant natural heritage features, including significant woodlands and Provincially Significant Wetlands. Other significant features, such as significant valleylands, significant habitat of endangered and threatened species, are not shown on Schedule 3, but are identified through an environmental impact assessment when required as part of a development application. In other words, not all natural heritage features that should be conserved in accordance with the policies of the Official Plan are identified on Schedule 3. There is currently no specific zone category that applies to conserve natural features. Rather, the features are zoned a mixture of Open Space, Rural exceptions, and other zone categories, based on their current land use. Some features are also captured in the Environmental Protection () zone, where the feature is located within a stream corridor, noting that the zone relates to the floodplain. Protection of the features generally occurs when a development application is brought forward and an Environmental Impact Study is prepared, which results in specific recommendations for protecting the feature. This may include a change in zoning to apply to a feature and a protective buffer. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

36 As noted in Section 3.13, development or site alteration within wetlands and adjacent to a Provincially Significant Wetland is subject to approval by the Conservation Authority. However, no wetlands are identified in the Official Plan other than the Provincially Significant Wetlands. Development or site alteration between 30 metres and 120 metres from a Provincially Significant Wetland may be permitted provided there are no negative impacts on the wetland, subject to the Conservation Authority s Guidelines for Implementing O.Reg. 146/06. Development or site alteration is prohibited in or within 30 metres of a Provincially Significant Wetland, with the exception of public infrastructure and conservation works, subject to the Guidelines. As was proposed in Section 3.13, an overlay may also be used in the Zoning By-law to indicate where Conservation Authority approval is required with respect to development or site alteration proposed between 30 metres and 120 metres of Provincially Significant Wetlands. Ongoing consultation with the Conservation Authority should take place through this process to discuss zoning options (refer to Section 3.15) Other Considerations (Consultation) The study team has conducted initial consultations with Council, stakeholders, City staff and residents of the community. A series of consultation meetings were held over September 24-25, The purpose of the meetings was to provide a summary of the findings of this report, and to consult on the issues and opportunities that should be addressed through this Review process. Several comments and questions were raised by City Council on September 24, One issue raised by Council was the need to ensure that the Zoning By-law is supportive of economic development and economic growth. The Zoning By-law should be reviewed and revised to ensure that it is permissive of a wider range of compatible uses, providing for flexibility in commercial and employment areas. Council further noted the need to ensure the Zoning By-law is a modern, cutting-edge document. This issue will be addressed through contemporary formatting, clear (accessible) language, more flexible zoning and clear interpretation (such as through the use of illustrations). A number of issues were raised by stakeholders and City staff in two meetings held on September 25, Following is a brief summary of some of the key issues raised: o Noted that if a new By-law is being prepared, members of the public who have recently had a minor variance approved should be notified to ensure that their project is proceeding; o Need to address compatibility between new development and existing development; o Need to consider standards for lanes; o Need to review standards for paved surfaces; o May need to improve and build upon general provisions; o Need to consider zoning approaches that help conserve heritage buildings; o Need to ensure consistency between zoning standards and the Building Code, where appropriate, such as side yard setbacks, treatment of uses in comparison with Building Code variations (e.g., hotel, motel, bed and breakfast); 32 Prepared by MMM Group Limited for the City of Brockville

37 o o o o o o o o Need to consider means of encouraging more active transportation through zoning standards, such as bicycle parking and pedestrian-oriented design; Need to address Fire Code/Building Code issues with respect to rooming houses (definition and maximum number of persons); Need to address converted dwellings and secondary suites and affordable unit permissions in the context of the Strong Communities Through Affordable Housing Act; Need to consider modern parking requirements, recognizing the need for parking in the downtown in consideration of the use and availability of public parking; Need to address treatment of sea/shipping containers as accessory structures in the Zoning By-law; The Conservation Authority noted their interest in issues of water quality, water quantity, natural heritage conservation, water source protection and hazard avoidance. Setbacks from watercourse and the St. Lawrence River need to be reviewed. There is an option to apply a Floodplain Zone and utilize the zone for natural heritage features only. Setbacks from top of bank may also be considered to address erosion hazards. Additionally, minimum water frontage requirements may be considered to reduce development intensity on the waterfront (where appropriate). The definition for boathouses should be reviewed to ensure boathouses do not permit living accommodations. It was noted that the Provincially Significant Wetland should be provided with the most restrictive zone (i.e., rather than ). The Conservation Authority is able to provide data with respect to map watercourses. Input regarding source water protection will be provided at a later date. Lot coverage requirements may also be reviewed with respect to limiting development intensity in sensitive areas It was suggested that an overlay may be used to illustrate where a permit is required from the Conservation Authority (i.e., as an informational tool). The challenge in Brockville is that a 30 metre waterfront setback may overtake a whole lot, so this setback would not be appropriate in some areas, and only applicable in undeveloped areas. The treatment of front yards in the context of waterfront lots may need to be reviewed. The school board provided information regarding the use of portables, need for parking and desirability of green space areas. The definition of school may need to be reviewed. Modern treatment of schools as community centers and a component of mixed use may be considered in the Zoning By-law. Repurposing of old, closed schools may also represent a zoning issue. With regard to public housing, the following zoning issues were raised: The issue of public housing regeneration may have zoning implications. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

38 The need for flexibility and integration of public housing in the existing urban fabric represent zoning issues for public housing projects. There may be implications from the recent Housing and Homelessness Plan prepared by the United Counties. There should be flexibility in public housing repurposing, allowing for greater integration of community facilities and income levels. Parking standards may be considered to address increased use of scooters and electric bikes. The Zoning By-law should be flexible to allow for alternative modes of transportation. A definition of not-for-profit may be required in the Zoning By-law. Other related housing permissions should be clarified. A questions and answers session was held at a public open house held on September 25, The key discussion topics included the following: o The public requested clarification regarding the meaning of legal non-conforming uses and the Development Permit System. o The public also requested clarifications about what happens with minor variances if a new By-law is enacted. o Questions were raised regarding treatment of land use/transportation corridors. o A resident raised concerns about the process undertaken with regard to waterfront condos and further zoning permissions in the waterfront area. o Parking standards and the general trend towards a greater mix and intensification of uses was discussed. o A resident requested clarification regarding whether the Zoning By-law addresses cashin-lieu of parking. o A concern about economic decline was raised and should be addressed as much as possible. Several online surveys and questionnaires were received from the public. A questionnaire noted that the Zoning By-law was difficult to read (too complicated), which relates to the need to improve the clarity of the By-laws. Many of the online surveys submitted were left blank. One online survey indicated that waterfront condos were not supported by the participant. 34 Prepared by MMM Group Limited for the City of Brockville

39 4.0 Mapping Review & Options The Planning Act permits the use of maps to form an operative part of the Zoning By-law. Maps are used to indicate the applicability of zone regulations to individual parcels in the City. The following maps are included in the current Zoning By-law: The zoning for the City of Brockville is shown on Plate A, a large map showing zoning for the entire City. Plate A includes a list of site specific exceptions on the right side of the map. Plate H illustrates zoning for the City s islands in more detail. This map could be fully incorporated into the overall zone map. Plate I illustrates the building heights, setbacks and floor plates for the C3A-3 zone, which applies to 6 Broad Street and 10 St. Andrew Street. Should performance or form-based zoning be used in the Downtown and Central Waterfront Area, this map could be incorporated into the overall zone map. The Planning Districts Map is used as the basis for organizing the Zone exceptions in Section 8. As discussed in Section 3.14, it is recommended that the Planning Districts Map be discontinued in the new Zoning By-law, and that the exceptions be organized by Zone category. 4.1 Conformity with Land Use Designations Appendix A to this report illustrates the current zoning overlaid onto the Official Plan land use map (Schedule 1). Generally speaking, most of the existing zoning categories are related to the corresponding land use designation. Some land use designations consist of more than one zone category, including both commercial and residential categories in the Neighbourhood Areas, for example. It is appropriate to have more than one zoning category in a land use designation, particularly where a land use designation permits a variety of different land uses. The Official Plan also states that more than one zoning category may be established for each land use designation ( ). Table 4.1 below summarizes all of the zone categories that are located in each land use designation, based on Appendix A. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

40 Table 4.1 Summary of Zoning within each Land Use Designation Land Use Designation Downtown and Central Waterfront area Neighbourhood Area Neighbourhood Development Area Mixed Use and Commercial Area Corridor Commercial Area Employment Area Institutional Area Parks and Open Space Area Urban Reserve Area Zone Categories Located in the Designation (generally in order of the most common to the least common zone category; includes only base zones, not exceptions), C3C,, R9, C3E,,,, R6, R8, C3A, C3B, C2,,,,,, R6, R7, R8, R9,,, RU,,,,,, C1, M1 (i.e., Phillips cable property is M1) (note: typically associated with holding symbols) C7, C2A, C2, C4, C6,,, R6,, C2, C4, C5, C2A,, RU M1, M2, M3,,, C2, M3,,, C3A,, R9 RU There are some issues of alignment between the Official Plan s land uses and the corresponding zoning. However, where the alignment issues are minor (i.e., related to the parcel fabric), changes to the mapping in the Zoning By-law or the Official Plan is not required. The Official Plan states that minor adjustments to land use boundaries do not necessitate an amendment provided that the general intent of the Official Plan is being maintained (1.5.6). It is important, rather, to ensure that the Zoning By-law s mapping is aligned with the current parcel fabric and the location of public rights-of-way. Since the Zoning By-law is the legally enforceable document, its boundaries need to be more exact and adjustments to the zone boundaries made to match the Official Plan s designations are not necessarily appropriate. 4.2 Mapping Format Options There is an opportunity to improve the mapping or change the approach to mapping as necessary through this project. In addition to the large, black and white version of Plate A, the City of Brockville maintains both a coloured version of Plate A and a multi-page (indexed or tiled) version of Plate A. Each version has its benefits. The benefit of a large, black and white map is that it provides a complete picture of the City s zoning, and is relatively easy to administer. The benefit of indexed (tiled) maps is that they may be printed on smaller paper and gives greater control with regard to scale. Coloured maps provide a greater ability to add overlays and detail to the maps while maintaining legibility, but the maps may lose their clarity when printed in black and white. Section 4.3 below discusses the use of GIS to maintain the Zoning maps. In GIS, the mapping is maintained in a database and can be presented and reformatted relatively easily into colour, black and white or tiled maps. The City may wish to prepare and maintain colour, black and white and indexed or 36 Prepared by MMM Group Limited for the City of Brockville

41 non-indexed maps to suit its administrative purposes. However, it is recommended that coloured, indexed maps be included with the Zoning By-law for Council s adoption. The coloured maps will provide for the greatest level of detail, which will be necessary when using overlays, overlay zoning and form-based zoning. It will be important to ensure that coloured maps remain legible when printed in black and white. Other minor formatting and layout changes can be considered in the development of the maps. It is generally not necessary to list the amendments on the zone map, as are included on the right side of Plate A, but the City may wish to continue with this approach to help track amendments to the map. 4.3 Use of GIS There are benefits to maintaining the zoning maps in a geographic information system (GIS). Currently, the mapping is maintained in AutoCAD. GIS offers advantages with regard to display/formatting options and analysis tools. GIS also allows for web integration, should this be desired by the City in the future to develop an online interactive Zoning By-law map. Additionally, since the Official Plan schedules were prepared using GIS, it may be logical to continue to use GIS for future planning initiatives. 4.4 Web Integration The Zoning By-law document should be developed to be easily web-enabled, to ensure future integration with any future online mapping tool. This will mean that as much of the content as possible should be easily transferred and managed in a database, so that the application can call up specific provisions in the By-law. For example, when a user clicks on a property in a web-based mapping application (should one be developed), the application could provide the property s zoning, permitted uses and lot/building requirements based on the zoning, as well as any applicable general provisions, and any definitions mentioned in any of those provisions. The administration of a web-enabled Zoning By-law will depend on technical constraints and staff resource considerations. Any amendments to the Zoning By-law that affect definitions, general provisions or zone regulations will require equivalent updates to the web-enabled database for the online By-law to kept updated. The mapping for the Zoning By-law would need to be administered through GIS, and linked to the database which manages the text of the Zoning By-law. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

42 5.0 Zoning By-law Structure & Format The current structure of the Zoning By-law is similar to other Zoning By-laws in Ontario. In order to address the changes recommended in this report, as well as the overall goals of this project, changes to the current By-law will be required. This section discusses anticipated structural changes, zoning by-law format, and evaluates whether the changes should be implemented through a Zoning By-law Amendment or that a new Zoning By-law be prepared. 5.1 Structure Based upon the initial findings of this report, Table 5.1 below summarizes the anticipated types of changes that will be required through this project: Table 5.1 Summary of Changes Recommended to the Zoning By-law Current Section Nature of Anticipated Changes 1.0 Interpretation This section is not anticipated to change substantially, except to address administrative issues 2.0 Definitions The definitions will be modified, some definitions will be deleted and others will be added. Graphics and supporting illustrations will be added. 3.0 General Provisions The general provisions may be modified to address issues, and new general provisions may be added. Graphics and supporting illustrations will be added. 4.0 Zone Classifications and This section will be edited to note changes to the zone categories. Permitted Uses 5.0 Residential Zones Structural changes to these sections may be required. There may be 6.0 Commercial Zones a need to introduce Mixed Use (or similar) zones as a category, or 7.0 Non-Residential and Non- to incorporate them into the Residential or Commercial Zones Commercial Zones sections. Other modifications will be required to introduce new zones, consolidate zones, and to modify permitted uses/regulations as required. Graphics or supporting illustrations may be added to explain regulations. Further, it is noted that the permitted uses tables (Plates B, D and F ) and the zone regulations tables (Plates C, E and G ) are associated with provisions. These provisions may be modified, incorporated into general provisions, or addressed through definitions. 38 Prepared by MMM Group Limited for the City of Brockville

43 Current Section Nature of Anticipated Changes 8.0 Special Exception Zones This organization of this section will change substantially, since it was recommended that the Planning Districts no longer be used as the basis for organizing the exceptions. The exceptions may be moved into the sections above, so that they are organized by Zone category. Alternatively, they may be kept in a separate section, but organized by Zone. 9.0 Compliance with the By-law This section is not anticipated to change substantially, except to address administrative issues 10.0 Administration, This section is not anticipated to change substantially, except to Enforcement and Penalties address administrative issues Repeal of Former By-law This section will need to be modified depending on whether a new Zoning By-law is prepared (refer to Section 5.4). 5.2 Format One of the goals of this project is to create a contemporary, progressive Zoning By-law to complement the Official Plan. Recently, municipalities have been preparing and adopting more user-friendly zoning by-laws, with supportive illustrations, photographs, plainer text and language, and improved formatting. It must be recognized, however, that the Zoning By-law is a legal document, and it must be clear and enforceable, above all other considerations. Recognizing that the Zoning By-law must be clear and enforceable, the ability to adapt short form wording or concise summaries from the provisions of the By-law is desirable. Convoluted language should be avoided in all cases, and complex provisions should be broken down into several shorter provisions where possible. Where included, interpretive illustrations and photographs should not be considered to form part of a Zoning By-law. The exclusion of illustrations and photographs from the operative part of the By-law can be addressed with an up-front provision in the Administration section of the By-law. The wide use of illustrations is desirable to assist in the interpretation of the Zoning By-law. Illustrations can help to describe the intent of a set of general provisions, or to describe the meaning of a definition, such as a type of measurement. Illustrations are being used commonly in Zoning By-laws, and typically illustrations will not form an operative part of the By-law. The figure below provides some examples of illustrations used in other Zoning By-laws. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

44 Figure 5.1 Examples of Illustrations in Other Zoning By-laws Illustration of lot and building measurements, North Oakville Zoning By-law (Source: Town of Oakville) Illustration of Railway setbacks, City of Ottawa Zoning By-law (Source: City of Ottawa) Illustration of porch provisions, North Oakville Zoning By-law (Source: Town of Oakville) Illustration of waterfront lot regulations, Town of Innisfil Draft Zoning By-law (Source: Town of Innisfil) Photographs have only been used sparingly in Zoning By-laws in Ontario. In the North Oakville Zoning By-law, for example, photographs are used rarely to help clarify certain definitions. On the other hand, photographs are used extensively in Development Permit By-laws, to help illustrate the meaning and intent of a wide variety of provisions. The use of photographs should be limited in a Zoning By-law to help illustrate what is meant by a definition, especially where the term is not common. Photographs may also be used to indicate the desired intent of a set of provisions, or to illustrate the purpose of a particular zone (e.g., a photo of an 40 Prepared by MMM Group Limited for the City of Brockville

45 apartment building associated with the R9 zone). Again, photographs, if used, should not form an operative part of the Zoning By-law. 5.3 Accessibility Accessibility should be considered in the format and layout of the Zoning By-law and maps. As of 2010, public organizations are required to comply with the legislation, and private organizations were required to comply with its requirements by January 1, As a result of the Accessibility for Ontarians with Disabilities Act, organizations are required to train workers for providing service to persons with disabilities, and to develop policies and procedures in this regard. The City of Brockville implemented its Accessibility Plan in November It provides objectives with regard to providing accessible services, and a wide variety of accessibility standards, policies and procedures for providing accessible customer service, The key potential barrier for accessibility with regard to the Zoning By-law is that the document may not be readable by a person with a vision-related disability. As such, the template for the Zoning By-law should use readable fonts, and incorporate colours that provide good contrast and clarity. The mapping should similarly ensure legibility and clarity. The City is also required to bring its website into conformity with the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 to the Level A standard by January 1, This standard provides numerous guidelines and standards at three levels (A, AA, and AAA). These standards should be considered in the development and design of an online mapping tool, should it be developed. 5.4 Zoning Amendment versus New Zoning By-law The outcome of this project will be either a new Zoning By-law or a Zoning By-law Amendment. Each approach has its own advantages and disadvantages, as follows: A new Zoning By-law repeals and replaces the former Zoning By-law, including all amendments and variances. This means that any uses and structures that no longer comply with the new provisions would become legal non-conforming or legal non-complying, respectively. However, site-specific zones could be carried forward and retained. The entirety of the new Zoning By-law is subject to appeal, which would mean that the former by-law would remain in effect should the entirety of the By-law be appealed. A new Zoning By-law is perhaps more ideal where there are major changes to the By-law being proposed, including structural changes. The amendment to the Zoning By-law is a detailed list of all changes to the By-law that are proposed as an outcome of this project. This may not be ideal where major or numerous changes are proposed, since there is a higher risk of making errors in the amendment. Any errors may need to be addressed through a subsequent housekeeping amendment. However, the amendment to the By-law means that all former amendments and minor variances are retained. Another advantage is that only components of the By-law which are amended are City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

46 subject to appeal to the Ontario Municipal Board, allowing the remaining components of the Bylaw to remain effective in the event of an appeal. It is noted that these approaches can be combined as a third option. A new Zoning By-law may be prepared and adopted, but a specific area may be identified as being excluded from the new Zoning Bylaw, and therefore still subject to the former Zoning By-laws and any amendments. The difficulty is that the City would need to continue to administer both the new Zoning By-law and Zoning By-law as it applies to the identified exclusion area. This approach should only be used for a specific area where it is desirable to precisely retain the current zoning, inclusive of definitions, general provisions, variances and amendments. The initial recommendation of this report is to bring forward a new Zoning By-law, recognizing that this project is intended to implement the City s new Official Plan. Further, substantial changes to the Bylaw s structure and format are proposed, likely resulting in a complicated amendment. However, it is noted that many of the current definitions, provisions and zones will be carried forward into the new Zoning By-law, where these provisions are appropriate and in conformity with the Official Plan. The third option noted above may be considered to address any particular areas where it is desirable to retain the current zoning. 42 Prepared by MMM Group Limited for the City of Brockville

47 6.0 Conclusions & Recommendations The key issue being addressed by this project is ensuring conformity between the Zoning By-law and the policies of the Official Plan. Other broad project goals, such as developing a contemporary Zoning Bylaw document, and making other enhancements, are to be considered through this project. This paper has considered a wide range of issues and opportunities that may be addressed through the Zoning By-law, based on a review of the By-law and policy framework, initial consultation with City staff and consideration for approaches used by other municipalities in addressing similar issues. As mentioned, it is not intended to be a comprehensive list of issues and directions, but a preliminary review of the By-law to begin to establish the directions for the Draft Zoning By-law. The key recommendations of this report are as follows: 1. It is recommended that form-based zoning and overlay zoning be considered to implement the standards in the Downtown and Central Waterfront Area. Pre-zoning the standards may be considered to implement certain minimum requirements in the Waterfront Master Plan and Urban Design Strategy and the policies of the Official Plan, such as minimum building heights and continuous/intermittent frontages. 2. It is recommended that pre-zoning for evolutionary changes to Mixed Use and Commercial Areas be considered, including provisions for street-related commercial uses. This will help contribute to the adaptability of these areas in response to changing retail and market needs. 3. It is recommended that the Neighbourhood Development Areas be zoned either as status quo or for Future Development. It is recommended that a template of new zone standards be established as a model for future development in these areas, based on the policies of the Official Plan. 4. It is recommended that the Neighbourhood Areas be zoned as status quo, or be zoned to address the specific characteristics of each individual neighbourhood. 5. It is recommended that the definitions and general provisions be reviewed in detail, and modernized, expanded and improved, where appropriate. 6. It is recommended that a Development Permit By-law not be considered at this time, but may be considered at the next review of the Official Plan, since policies for the By-law will need to be developed through a thorough consultation program. It is further recommended that a Development Permit By-law would be best applied to the Downtown and Central Waterfront Areas, and potentially to the Mixed Use Corridors and Nodes. City of Brockville Comprehensive Zoning By-law Review Discussion Paper October

48 7. It is recommended that a new Zoning By-law be prepared rather than a Zoning By-law Amendment. However, consideration may be made to retain the existing by-law for an area, where it is desirable to retain the existing zoning. 8. It is recommended that overlays be considered on the zone mapping to indicate the extent of the Cataraqui Region Conservation Authority s regulated area. 9. It is recommended that the exceptions be organized by zone category and that reference to the Planning Districts be removed from the By-law. 10. It is recommended that the parking standards be reviewed to implement the policies of the Official Plan, especially with regard to the Downtown and Central Waterfront Area, and to ensure that all permitted uses are addressed. 11. It is recommended that Zoning By-law mapping be completed in GIS, with coloured, indexed maps. It is further recommended that the Zoning By-law be structured to prepare for a potential future web-ready Zoning By-law. 12. It is recommended that the format of the Zoning By-law be improved as a more user-friendly, attractive document. Accessibility needs to be considered in the design of the document to consider vision disabilities. Note that a template will be developed for further discussion. 44 Prepared by MMM Group Limited for the City of Brockville

49 7.0 Next Steps This paper has been prepared in consideration of a detailed review of the Official Plan, the in effect Zoning By law, as well as consideration of consultations to date. Initial consultation on issues and opportunities with stakeholders, City staff and the public was conducted on September 24 25, This paper forms the basis for the Draft Zoning By law, providing directions on key issues and changes that will be required. In addition, a Summary Report will be prepared based on this paper, and presented prior to preparing the Draft Zoning By law. The Summary Report will be intended as a consultation tool to clearly describe the directions for the Draft Zoning By law. The content of the Summary Report will be drawn directly from this paper. City of Brockville Comprehensive Zoning By law Review Discussion Paper October

50

51 Appendix A: Brockville Zoning By-law Review Discussion Paper (Final - October 2013) Ü TO W N S H I P O F E LI ZAB E TH TO W N - K IT LE Y 9 Y2 A RT 14 E RSO C2-X8-6 3 H2- R8- X22 H2,4C3A-1 ISL AN D -7 SM IT H S O R M I LL AR S ISL AN D ISL AN D VIC T OR IA C3C BL OC NI A AVE CAL IF O R M EN AS PE T DR. N DR EL OP RD DEV K NO RT BU E LL H AU G SC R EE U A D OO SW EL S C RE RE M cc LU C3D AVE. O RN IA OL D C AL IF C3B -X2-1 H1,2,5R9-X2-2 R6 K CR ES A NL EY T AVE P L ISL AN D M cc OY ISL AN D SKEL T ON ISL AN D St. Lawrence River F IRS SET SUN MILLWOOD AVEN UE - East Side and R 4-X8-3 (L IFTIN G O F H 1 -H O LD IN G HU NTERS H ILL SUBD.-PHASE 1-WILD WOOD CR ES BROAD EET AND 10.ANDREW REET H2, H5-C3A-3 CR ES T ON D AVE A CT L KIN G E R6-X3-1 C2-X3-2 -X3-1 E FUL FOR D (P) Mixed Use Node (See Section ) KING REET WE T--X EWART BOULEVARD C2-X NORTH AU GU A ROAD RU-X BARTHOLOMEW R EET M 3-X3-2 Mixed Use Corridor (See Section ) Lots 91 to 112 incl., Lots 166,167, 203, 204, and,, and-x1-2 and 205, Lots 207 to 212 incl. plan 388 ( BROCKWOODS SUBDIVISION ) Part of Lots 4 and 14, Lots 5 to 13 incl., and Lots 66 to 73 incl., Plan 375, being Parts 1 to 26, R eferenc e Plan ( BRID LEWOODS SUBD IVISION ) KING REET WE BROCK REET.. C2-X KIN G REET WE -9 Future Employment (See Section 3.2.5) North Eas t C orner of PARKEDALE AVE. & BROOME R D. C 7-X Remov al of the "H4" Holding Sy mbols R 5-X JOHN REET and 31 SAINT PAUL SREET Remov al of the "H1" and " H2" Holding Symbols R 2 Lot 90 and Lot 165, Plan 388 ( BROCKWOODS SUBDIVISION ) # CENT RAL AVENUE WE M 2-X Part Lot 11, Conc. 2 (Extens ion of F LAND ER S RD.),, -x8-4 Waste Disposal Site (See Section 5.4) Removal of the "H 1" Sy mbol Park Holding Lot 17, Plan 9 Part 1, R P 28R , PARKEDALE AVE. C2-X SCH OF IELD AVENUE Lot 261, Plan BRIDLEWOOD SUBDIVISION Removal of the "H 1" Holding Sy mbol WALL REET VILLAGE (WALL, JAMES & PEARL) R 9-X Lots 44 to 50 inc lusive, Bloc k 48 Reg. Plan 67, Parts 1,2 & 3 -X1-6 RP ( South Side of Dow ney Street ) Remov al of the "H1" & "H5" H olding Sym bols - 6 BR OAD REET, BR OC KVILLE - Phas e 1, Tall Ships Landing Project. Waste Site Buffer - 500m (See Section 5.4) Remov al of the "H2" Holding Sy mbol Water St. / 20 Henry St. BR OC KVILLE LAND INGS PROJEC T Pearl Street West R7-X2-2 Provincial Highway Lot A and Part of Lot 23, Block 44, Plan 67, City of Brock ville, County of Leeds (South East C orner of Gilmour and George Streets ) R 9-X Part of Lot 23, Block 44, Plan 67, City of Broc kville, County of Leeds (South Wes t Corner of Clariss a and George Streets ) R9-X WALTH AM ROAD M1-X KING REET W E -X R em oval of the "H 1" Symbol - McCLU RE CR ESCEN T R 2 and PERTH REET C2-X6-2 Future Roads ORMOND REET. -X BARTHOLOMEW R EET. -X PARKEDALE AVENUE T-C2A-X DELHI REET (R EM OVAL OF THE "H 2" Symbol) PARKEDALE AVENUE. (REMOVAL OF THE "H2" Sy mbol) GENERAL INITUTIONAL I2 INITUTIONAL RESIDENCE I3.LAWRENCE COLLEGE/SPECIAL EDUCATION HAR DY C RES ROCKCLIF FE RD (P) ENVIRONMENTAL PROTECTION OPEN SPACE RU RURAL ERE PL N PL AVE AV E SO N KING E EL AIN WAVERLY D RIVE R 3-X EWART BOU LEVARD. (Part of Lot 15, C onc ession 2, RU -X8-1 being Part 1, RP 28R-1838; a Portion of Part 1, R P 28R -7206; and Part 1, R P 28R ) M1 INDURIAL PARK M2 GENERAL INDURIAL M3 RERICTED INDURIAL DR BELV ED T AVE FA IRK NO W E DR ET CT F IRS CO CH R GE NEVA CH AL PART of Lot 11, CONC.2 "Part of D eer Trails Subdvis ion"_, x C OU RT H OU SE T ERRACE -X2-9 TOWNSHIP OF ELIZABETHTOWNKITLEY GE NEV WES GR EN VIL L E C T CR AWF O R D BUT T E RF I EL D P L G AV E BLVD RENOLDS DRIVE -X4-1 SINGLE UNIT RESIDENTIAL SINGLE UNIT RESIDENTIAL GENERAL RESIDENTIAL GENERAL RESIDENTIAL MULTIPLE RESIDENTIAL MULTIPLE RESIDENTIAL MULTIPLE RESIDENTIAL MULTIPLE RESIDENTIAL MULTIPLE RESIDENTIAL CI LOCAL COMM ERCIAL C2 GENERAL COM MERCIAL C2A GENERAL COMM ERCIAL ARTERIAL GENERAL COMMERCIAL DOWNTOWN C3A-C3E WATERFRONT COMMERCIAL C4 HIGHWAY COMMERCIAL C5 OFFICE RETAIL COMMERCIAL C6 SHOPPING CENTRE C7 POWER CENTRE OXFO R U A NO RT H AU G 1 LAW R E N C E DAVI T AVE F IRS RD N AUG RAY M UR KEEF E R Legend DELHI REET H2--X PART LOT 16, CONC 2 C4-X ROWGER BOULEVARD M 2-X6-5 LEGEND R6 R7 R8 R9 C1 C2- SY M B OL ) KIN G REET WE -8 WI NT ER S CT Railway EWART BOULEVARD C South West Corner ofj AMES REET EA & VICTORIA AVENUE_T-R 9-X PERTH REET C2-X SCH OF IELD AVENUE C1-X KING R EET WE C 2D PERTH REET -X JAMES REET WE R 4-X2-10 Brock Trail RIVER CONSOLIDATED NOTE: PLATE 'A' TO ZONING All property lines shown here are for representation only and do not in any way constitute the true legal boundary of any property in the C ity of Brockville. LIMITS OF LIABILITY: The City of Brockville will make every effort to provide a quality product. However, in no event will the City of Brockville, its servants, agents, officers, employees, contractors and subcontractors be liable to any person or corporation for damages, expenses, lost profits, lost savings or other damages arising out of or inaccuracies contained in the composite map or in its data base content. Nor will the C ity be liable for any inaccuracies contained in the composite map or in its data bases. AS AM EN D ED PRARED FOR CONVENIENCE PURPES ONLY Interpretation Note: This CITY OF BROCKVILLE Schedule will be read and B. TeKamp 0.5 Brian C. Switzer 1 km interpreted in conjunction with the Official Plan in PLANNING DARTMENT THESE DRAWIN GS ARE TH E PR OPERTY O F THE C ITY O F BR OCKVILL E M cn AIR ISL AN D M UR RAY ISL AN D CKV Urban Reserve Area (See Section 4.10) North Eas t C orner of KIN G REET W E & CENT RE R 4-X MARKET REET EA BRIDLEW OOD SUBD.- ASPEN DR IVE and OX F OR D RD UA IP O F EL IZ WAT ER REET H2-R9-X2-3 I2-X3-1 SY M B OL ) SY M B OL ) Lots 2-15 inc l. Plan 28M-1 & Part of Lots 15 & 22 PLAN 206 -X JOHN REET / 31 St PAUL REET H 4-R 5-X KING REET EA KING REET WE - Removal of the "T" M 1-X1-1 SY M B OL ) PAR KEDALE AVENUE - A & W (L IFTIN G O F H 2 -H O LD IN G lot 1, Plan 28M -1 BRO AD WAY AVE ISL AN D TOW Parks and Open Space Area (See Section 4.9) (L IFTIN G O F H 2 -H O LD IN G BR IDLEWOOD SUBD.-KINGSWOOD &FITZSIMMONS PERT H R EET. C1-X5-1 BUT T E RF I EL D P L REF U G EE NSH UA AVE OX F OR D D AVE SY M B OL ) PARKEDALE AVE C7-X9-3 (L IFTIN G O F H 2 -H O LD IN G SY M B OL ) CENTRAL AVEN UE W. M2-X6-4 X3-1 Employment Area (See Section 4.7) KING REET EA -X CALIF ORNIA AVE.. M 1-X PAR KED ALE AVENUE T-C 2A-X PIN E REET.. I-X PARK R EET Institutional Area (See Section 4.8) OR IE NT AL AB E T HT IL LE D Mixed Use and Commercial Area (See Section 4.5) PRINCE. R OAD ALLOWANC E (CASS DEV SUB) JAMES. W BUELL.. -X CHU RCH REET -X2-8 BLV D O Part of Block "B" Plan 375 (BRID LEWOOD SU BD IVISION ) North Wes t C orner of PARK.& C EN TRAL AVE. C2-X5-3 ISL AN D OF RD DR OR M AN O Block "D" & Part of Block "B" Plan 375 (BR IDLEWOOD SU BD IVISION) (L IFTIN G O F H 1 - H OL D2,-X8-1 IN G SY M BO L ) H UNTER'S H ILL Phas e 3 R ,25 1/2 and 27 BUELL. C 2D (L IFTIN G O F H 2 -H O LD IN G SY M B OL ) BRIDLEWOOD DRIVE / LAURIER BLVD C2-X PAR KED ALE AVE C7-X9-3 (L IFTIN G O F H 2 -H O LD IN G SY M B OL ) PAR KED ALE AVE C7-X9-3 (L IFTIN G O F H 2 -H O LD IN G SY M B OL ) PART OF LOT H, PLAN 332 C7 (L IFTIN G O F H 2 -H O LD IN G SY M B OL ) CITY N AUG RD U A H AU G NO RT R DR GU AU NO RT H SEVE EW HO L OM BAR T NET T M ANO AR D S AVE NO AK FA IRM ON T PL AL DER W BRO AD WAY AVE X3-. M ARG A RET PL PA RK VIEW BYN HO KAR OL I NA DL AW L LY Neighbourhood Development Area (See Section 4.4) EWART BOULEVARD H 1-C 4-X7-4 Corridor Commercial Area (See Section 4.6) H1,2- WO O (P) R9 BUT LERS CREEK ANE D R DR T IN GS HAS L OM T HO BAR L , KING REET WE C 2A-X LOT 6, PLAN 367 ( PAR KED ALE AVENUE ).. C2A-X ABBOTT REET -X & 610 EWART BOULEVARD C EWART BOU LEVAR D.. C 4-X7-5 (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) PART of LOT 20, REGEN CY PLAC E. -X FRONT AVEN UE WE. -X KING SREET WE H1,H 2-R 1 H 1,H2- OX F OR E AV S RE C EY G AV E P. KIN G E R6 BRO E AV A NI R O L IF CA PL X SE S SU Y B L IS BI SL BYN.R PIN E L AN E PIN E T C OM MERCIAL Z ON ING R EVIEW / POWER C EN TRE C EDGEWOOD AVENUE I2-X EWART BOULEVARD RU -X Part Lots 19 & 20, Plan228 (CUT HBERTSON AVE.) R 4-X Eas t Side of CU THBERTSON AVE. (L IFTIN G O F H 4 -H O LD IN G SY M B OL ) PARK REET. H (N o rth Ea s t po r tio n fro n tin g Am y S tre e2-r t) 2 EW M1- X3-1 BRE NN AN BEN OR M O ND S T HIL L R9-X2-1 -X2-1 WEL L IN G T ON S T EA AV E -X2-6 JAM E S S T E EA AVE ORMOND OR CH AR D PA RK OWN R. C. P. SH O HT O BRI G T PA RK T AV E O ND OR M RY RD GL EN M EN 1 C1- X4- N CR ES O O BR PA M1 PEAR L E C2-X3-4 - KIT LEY D O O UR DR K IC W DE CR ES IEW KV -X4-1 CI F IC R. WAT ER -X3-2 SE REY NO L DS DR PL C3C C3C-1 T UN NEL KIN G E F LI NT S T BAY C2-X3-3 RIV ERV IEW D R C3D -X3-4 RU Neighbourhood Area (See Section 4.3) Park Street. C2-X Ormond Street T-C2-X and 38 VICTORIA AVEN UE 9 1/2 JAMES REET WE & 23 WALL REET. T--X PARKEDALE AVE C7-X9-3 (L IFTIN G O F H 2 -H O LD IN G PARKEDALE AVE C7-X9-3 (L IFTIN G O F H 2 -H O LD IN G D AVE (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) BRIDLEWOOD SUBDIVISION..., H Part Lot 14, Concession II (S.E. C orner of Stewart & Laurier Blv d.._c2a COWAN AVEN UE I2-X PART OF LOT K, PLAN 322 M 1-X COWAN AVEN UE I2-X5-1 M IL E AV E F ERG C. P. M ARK ET S T W -9 UA RT S T GE OR G IN A AV E C3D -1 PIN E S T -10 ER F OR (PRIVA TE) W FUL FO RD PL C3C C2 CO UR T H O USE C3C R6 C. N PEARL E M3-X3-1 -X3-3 BED H1,2,4- EM M A S T -X2-1 C2 SCA CE AV E N (L IFTIN G O F H 4 -H O LD IN G SY M B OL ) , 10, 12, GEORGE R EET... -X2-2 X4-2 M3-X3-2 M3 M E BET H UN E S T VIC T OR IA AVE X2-1 C2 C2-X4-1 O O D AV 2 CH ARL ES C1-X2-1 C1 JAM E S S T E T-R 9X SO PHI A D O N NO RT G AR DR U SO N BU E LL PL AVE T UN NEL CHANCERY L ANE WAL L WAL L CHANCERY L ANE WI LL IA M WALL R9X2-4 PEAR L E JAM E S S T W C2 JAI L BRO AD S T APPL E KIN G W C3A-3 H2,5C3A-3 SQ UAR E ERN IE F O X QU AY PA RK BAL M O RA L PL R9 PEAR L W R7-X C1- X4- C2 I2-X 2-1 WI LL IA M BUE LL S T BUE LL S T CH ASE C3C H2,4C3A-1 C2-X2-5 CH UB M1 R9 PL C2 M3 O TTE SO R6 R6 M3 HAM I LT O N WILLIAM C2 BRO C K CO UR T H O USE C2 M3 CH ARL RO YAL R6 AV E E I2-X 4-1 -X C3C EDG EW GA RD EN PER R9 HO M E C3C C3E DAN IE L S T JO HN ID C3C T ER C3C F OR WA C3C -2 -X2-2 SH ER MA L AN E (P N ) R9- X2- F RO NT RD CR ES E 5-2 M ARK ET S T E TH S T I NA RAV CR ES CO NVAY EW ART BLVD T TH S LO U IS C4 C2 C2 -X AM Y S T DR GL EN VI EW T ER RAC E F ERR Y S T SC R EE K IS PRK Y C3AX1-1 CR ES LANE G AN MOR HN JO ID AY RY W HAL L CH UR CH C3C KIN G GE OR G E X2-2 KIN CA A PER T H S T CR EE K PER PERT H AVE DAL ES RS CO NVAY LE T IT IA RIC H ARD S PO ND F RAN KL IN AL LA N S T H1,5X1-3 R7 AM Y S T R7 -X5-1 BUT LER S CRE EK HO US E D NE JES SIE T HO M AR LA HEN EDW UL ANN IT E E BU T LE C2X22 C2-X2-4 R9 JAM E S S T W T-R 4-X2-5 C2X2-3 -X2-7 -X2-4 -X2-3 PA HAR T L EY S T AS T SHE -X1-1 GR AN OD S T RW O Y NED ) (U NO PE BO OT H S T GR AN RD (P) CL AR ISS R BEEC HE R C HE BEE M ABEL E CED AR EAD R8X1-1. EL M W PL T VIE WES RID G EW AY PL McCR GR AN IT E W SID E R O AD (U NO PE NED ) (P) SUS ANN LA NE A M3-X2-1 R7-X2-1 -X2-10 -X2-8 X1-1 T--X1-1 I EW BAYV OA K CEN T RE OT T E R DR E R DR BAXT A N RD CH IPM T H ABE EL IZ ( P) PL ACE ( P) PL ACE RD ( P) C LU B ER S RY C LU B T RY T WAT CO UN T R9-X1-1 M1 M1 ES SWI F RIF L L DS REY NO CR ES CR GE OR G E BAYVI EW W C4 C2 -X1-4 D SHE LB Y L AN E KIN G C1 C2X2-1 PL PIN EVI EW RD SABINE RD CH UR CH AR CO UN CED AR Y W LE T AL C1 (F U T UR E) WES S CR ES M3 C4 EL EAN OR M3 -X1-1 M3 LO U IS C2 M1 C4 M3X5-2 T H LA NE (P ) RU SKI R6 ABE - X4 -X1 RA L AV EE EL IZ R CLIF FSIDE KING W C1 BUT L ER M3 R8 W F RO NT AV E C2-X6-2 BRO C K S T ABBO T T PEAR L W UN IO N ED S ( P) CRE C1 C2A-X1-1 AVE RKE -X1-5 I2X11 JO NE S S T CR ES ES HT CR LA NE S RIV ER CLA WR IG KIN G W X1-1 CEN T C2 N AVE I2-X5-1 R7 D PT. LOT 19 - PLAN 228 & PT. LOT 12 CONC. 2 MILLW OOD AVE... WOOD C2A-X 1-2 C4 M1-X1-1 EW C2 RA L AV EE AN R CIRCLE WR IG HT -X1-7 -X1-2 S H1.2 RE C2X63 T AV NT CEN T HIS LO P AV E R6-1 C2 CENT RAL AVE E R6 -X4 3 RA L AV EW C2 M O MAPLE No C GI LM OU R o ad K -X1-1 yr CH UR CH TE R DR -X1-4 u nt OA OA K C2-X1-1 DEL H I S DO W NEY -X1-6 -X1-1 -X6-1 F RO M3-X 5-1 C2 M3 C2 EK S CRE BUT LER M APL M AN DR ADL EY Co H1 R. C H CT M AL LO SEN WO LT H AU PEAR L W FA IRW AY C RE S RO W G ER BLV D T A HA NC CR ADL EY C. N. C2 C2- X5CEN T CO WA - X4-1. AND R EW DEC KER D R HU BBEL L ES H1, 2- H1,2 EY DR ADL N C T LD SO DR DO NA H1- C1 E AVE Downtown and Central Waterfront Area (See Section 4.2) WO O D GU IL D CR ES HIG G IN S CT PL H1,2- C1- X5-2 AVE HU BBEL L OD NW O F IEL D C2-X5-4 X5-2 GL EN -X1-3 CH ISL ET T HU BBEL L M2 BRO C K S T X12 C1X5-1 SCH O CH AF F EY H1M1 OF H 1 - H O L D IN G SY M B OL ) PT. LOTS 24 & 25, R eg'd Plan X8-1 PT. LOTS 23 & 24, R eg'd Plan 228. (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) HIGHWAY 401 BAKE R PL CHAR LES R EET.. -X PARK REET. (L IFTIN G O F H 2 -H O LD IN G SY M B OL ) LOT S78 & 79, PLAN 388- West end of BROCK. R 2-X LOT S80 to 90 incl.,, PLAN 388- West end of BR OC K. R 2-X PART OF LOT 12, C ON.2, North End of CU THBERTSON AVE PT. LOT S 24 & 25, Reg'd Plan EWART BOULEVAR D C2-X OXFORD AVE. M1 OT AV E DR DO W SL EY -X1-2 -X1-2 HAVE LO C K S T DR PL H1- H1, 2- LA NC A ER AVE M SH -X4-1 M APL AVE W L EY D AD ES BRA SA O SCH O F IEL D AVE X 12 - H1,2 X1-2 2 RA L AV EW BLV -X 1- DR CR ART L EY F ERG U SO N R6 AD CEN T EW H1, 2- W E VI EL M I LL AL EXAN DE R OK BRO M3-X6-1 M1- X9-1. BRO O KV IEW PL W CENTRAL AVE W H1, 2,2- LA NC A ER L AN E M2 H1 BRO O KV IEW C RE S sudenly H1,2- M1 C7 Land Use Designations PEARL.EA. C2-X KINC AID REET C3C PT. LOT 19 PLAN 228, PT. LOT 12, CONC. 2, MILLWOOD AVE (L IFTIN G PAR KED ALE AVE. T-C 2-X PARKEDALE AVENUE C 7-X9-3 WAVER LY DR -X1-2 C LOTS 34, 35 AN D 36, PLAN 388 (PEARL R EET WE) GLENN WOOD PLACE.. C1-X4-2 O B M O R D E R 67 CH URC H R EET.. T--X2-5 PA RK EDA LE AVE HWY 401 CEN T RA L AV E W H1,2- R D OD O TW H5C2-X9-1 M1 C6-X8-1 C6-X5-1 M2-X6-5 SW C7X9-2 City Structure BROCK R EET C BARTH OLOMEW REET. M3-X KING REET WE. T-M1-X1-1 R EM OVA L OF T-Te mp o ra r y Zo n e SY M B OL ) O.M.B. Order 930 EWAR T BOULEVARD.. RU-X LOTS 93,114, , PT. LOTS and PLAN 375 R 2 B R I D L E W O O D S U B D I V I S I O N (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) C7-X9-4 PA RK EDA LE AVE C2 C7 H2-C7 C7-X9-3 C7-X9-3 C2 M2-X6-4 M2 ES CR OC DR SO R C2 H1-M1 WAL T HAM RD C7 T-C2A-X8-2 R6 M2X62 M1-X9-4 RD VD M OR R IS CT C4 M2 CR G BL M AG ED OM A C2 N DR T HAM C7-X9-1 R6 ENS M2X63 2 KI N Y WAL VD M2 M2X66 DR I3-1 Schedule 1 O B M O R D E R PART OF LOT 20 R.P No.228 & PART OF LOT 12, Conc.2 H 1-R 4-X BROCK REET -X1-1 M1-X9-2 M1 ES -3 C2A M2X61 CR 2 R E BY R DE EN CR ES LI ND DR D O W I AR BR M1-X9-3 CT HWY AR H1 -R CO L E C T N AVE RI AR -X8 KS IDE PL 1 N AVE D BL T BLV NT O NEB BRO O O ND AR JEF F KE C2 EW C2A RU M1 PA RK EDA LE AVE C2A H1-C2A M1 CR OC KE R C R ES R6 C2A-X7-3 RU-X7-2 WI ND C2A-X7-2 M1 OR M C2A C2A -X 7-1 HIGHW AY 401 EAC YPL PARKEDALE AVE PA RK EDA LE AVE RD R6 C2A GA -X8 M ASSE H4-C2A LA UR IER BL VD M E RD EE QU H1-C2A RU D RT SO - ) EWART BOULEVAR D... C2-X BRID LEWOOD DR. (RETIREMENT HOME)... -X BRID LEWOOD SU BD KING REET WE.. C2A-X1-1 (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) BRIDLEWOOD SUBD. PHASE II PARKEDALE AVE. T-C2-X KIN G REET EA Pt.275 PER TH REET C "BUT LER 'S CREEK SUBDIVISION" C HURC H REET, MILLWOOD AVENU E... R 5 (L IFTIN G O F H 1, H 2 - H OL D IN G S Y M BO L) LOT 190, PLAN 388, ADLEY D R HUN TER'S HILL SUBD IVISION H1--X8-1. -X ,10,12,14 BR OC K REET M3-X GENERAL AMEN DMENT ( REALED ) BROCKVILLE C OU NTRY C LU B. -X GENERAL AMEN DMENT PARKEDALE AVENU E.. M1 (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) PEARL REET W E. R7-X VICTORIA ROAD RU -X PART OF LOT 20 R.P. No.228 (MILLWOOD AVE.) (L IFTIN G O F H 1 -H O LD IN G AR AV E RU-X EWART BOULEVAR D. C 2A-X7-2 (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) /213 BELEY PARKED ALE AVE... RU-X KING REET WE. -X1-4 (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) PARKED ALE AVE. M GENERAL AMEN DMENT ( O. B. M. O r d e r, M a y 1 2, R OW GER BOU LEVARD M3-X KING R EET WE R (R E AL E D By -L a w a bo v e ) BUELL REET -X CALIFORNIA AVE... C7-X H UNTERS HILL II, Phas e I..,R (L IFTIN G O F H 1 -H O LD IN 3, G SY M B OL ) LOT 79, PLAN 271 WIND SOR DR.. (L IFTIN G O F H 1 -H O LD IN G SY M B OL ) SY M BO L) UD L AN E N AVE PO PL E LI O RO SEB RT SO BL VD E RU-X9-1 RU BRO O HBE M1 T AVE CU T D IS T PL AC C Y PL AC T DR. F IRS CR ES M EIG H EN M EN CR EEK LO YAL -X8-2 REG EN - X8- RU-X7-3 DR M1 C2X8-3 AMENDMENTS to PLATE "A" to RU-X9-1 RU O EL OP ES BL V L EY 7 KE R CR EN 8 H1 -R 5 BUE LLS VA NI ER CAR O OD D DEV KESC O AVE. ( P) PL D ER N SL AN P -X8-3 X8-4 CT -1 DR PE T UP DR BLV D H EN M EIG 8-1 C2-X A C4 CR ES SE WAL SH - X8 9 ES T DR IER LA UR VI A 5 H4-C8-1 -X SO R WI ND E E BEL EY S S C RE S C RE G LA EN CR ES AM H1 H1 - CU T HBE G TO N ER M IL LW EL DU RH ES T DR HIL L CR ALW IN BO WI C5 C4 H1- CH T UPP BRO H4C5 RU-X7-2 N TPL C KM 7-4 ALW C2A E) IN G TO LIE G LA.D OU CO L CO L S BO RD VD EN CR ES BL WY VD BO RD IER SH D CR D CR A DAN.D OU S CKC RE CKC RE O O CO M KEN SIN WI LM IER D 7 C4-X -3 BL UR PED EN OT Y OU N G PL TOW 4-X H1-C UR BLV IER O UN LA (PR IVAT LA UR LA HIL L CR C2 RD ERS F LA ND F RAS ER CT Y N - K ITL E TOW IL LE CKV AB E TH OF CITY C4 X81 T RD RU S BAX CITY OF THE 1000 ISLANDS H1 10 F IT Z SI M M O NS DR DU KE NA D BRO PL L EY IE H1- L EY DA T BLV IP O F EL IZ H1- ERS F LA ND BE AR NSH CT BE H1-11 ON RU-X8-1 C2 - RU-X7-2 M ARY BB H1- H1- LT CT EW A DO RU RU-X7-4 # RO PL CO D BLV RT WA E CAR T IER -2 C4-X7 RU RU-X7-1 ED CO M D RD P KWY R RU OR IA G T ON IA VIC T 5 C4 R RO W S R O X 7C4- CT RU CONCESSION 2 KYL E AVE T 1 EN Z IE BRI DL EW O O D D R R6 IC X 7C4- TOWNSHIP OF ELIZABETHTOWNKITLEY H1- M DR V SE D RU M ACK H1- R E M ACO R6 H1-12 WO O WO O WI LD H1 13 H1X8- X81 1 WI LD 6 - H1X8- X81 1 E AM CR ES B RI DG CONCESSION 1 CENTENNIAL RD RU H1- CR E W O OD D R H1- H1 -R H1--X8-1 H1-C1 WIND SOR DR IN GH -X8-1 H1 -R CU NN CAM RY D R RU X 7C4- LD H1- H1-C2X8-2 M ON T E. 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