Subject: Comments on Municipality of Meaford General Zoning By-law Amendment

Transcription

1 Staff Report Report To: City Council Report From: Wyatt Rehkopf, Student Planner Meeting Date: April 10, 2017 Report Code: CS Subject: Comments on Municipality of Meaford General Zoning By-law Amendment Recommendations: That in consideration of Staff Report CS respecting Comments on Municipality of Meaford s general Zoning By-law Amendments, City Council direct: 1) THAT in consideration of Staff Report CS Council receives the report regarding comments on Municipality of Meaford s Zoning By-law amendments; 2) THAT Council request notice of any further meetings or decision with respect to Meaford Zoning By-law Amendment. 3) THAT the City request a copy of the Municipality of Meaford staff report and the Municipality of Meaford Zoning By-law Amendments and decision. 4) THAT Council requests the City Clerk provide a copy of this report together with Council s resolution on the matter to the Municipality of Meaford. Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 1 of 10

2 Strategic Initiative: Objective #11: Optimize the City s operations while maintaining or improving quality of life Expand services in conjunction with boundary adjustments or negotiated agreements Plan policies such as land use policies that protect and encourage long term sustainability of our natural environment Background: The City received Notice of Public Meeting from the Municipality of Meaford on March 15, 2017 in regards to amendments to the Municipality of Meaford s Zoning By-law , as amended. The public meeting for the amendment is April 10 th, Copy of the Notice is attached. Purpose of this Report: A staff report for a general Zoning By-law amendment is triggered by Policy CS81, as amended, when the subject lands are within 1km of the City of Owen Sound, involves commercial uses or City provides services in the vicinity. The Planning Act requires that decisions affecting planning matters shall be consistent with policy statements such as the PPS. Where a person or public body does not make oral or written submissions before an approval authority makes a decision they are not entitled to appeal a decision to the Ontario Municipal Board. Providing comment during the early stage of the planning process is the best way to ensure all levels of approval consider the position of the City. It also provides an opportunity for fellow planners to respond to the City s comments before consideration by their respective Council. This report is intended to inform City Council of the proposed amendments and identify areas where the proposal may impact the interests of the City of Owen Sound. Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 2 of 10

3 Analysis: Proposed Changes City staff have reviewed the proposed changes to the Municipality of Meaford s Zoning By-law and have flagged specific changes for the Council s attention, in the attached Table within Appendix A. Staff have reviewed these changes in further detail as outlined and find no concern with the proposed amendments. Land Use Designation Changes Staff have reviewed zoning maps where the City provides services and for lands adjacent to the City Boundary. The Municipality of Meaford has proposed zoning changes to the maps listed as Schedule A Map 2 and Schedule A Map 10. The maps are attached to this report. Map 2 Changes There is a zoning change from Shoreline Residential (SR) to Rural (RU). Staff have no concern with this change as (RU) is a more restrictive zone than (SR). Map 10 Changes There is a zoning change from Rural Residential (RR) to Agricultural (A). Staff have no concern with this change as (A) is a more restrictive zone than (RR). Financial/Budget Implications: None at this time as the recommendation is to obtain further clarification. Communication Strategy: City Council s resolution along with a copy of this report will be provided to the Municipality of Meaford. Since Meaford s hearing is the same day as Council, the staff report will be shared with Meaford when the Agenda is published. Consultation: Liz Buckton, Senior Planner, Municipality of Meaford Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 3 of 10

4 Attachments: Appendix A Chart with City comments on proposed amendments Notice of Public Meeting Municipality of Meaford Schedule A Map 2 and Map 10 Draft By-law from Municipality of Meaford with proposed changes Prepared By: Wyatt Rehkopf Signature on File Reviewed By: Margaret Potter Signature on File Supported By: Pam Coulter Signature on File Submitted By: Wayne Ritchie Signature on File Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 4 of 10

5 Appendix A Number Proposed Change City Comments 1 No concern. 2 No concern. 3 No concern. 4 No concern. 5 No concern. 6 No concern. 7 No concern. 8 No concern. 9 No concern. 10 No concern. 11 No concern. 12 No concern. 13 No concern. Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 5 of 10

6 15 Section Maximum Height This section is amended to read: a) Unless otherwise provided for in this By-law, the maximum height of any detached accessory building or structure is 4.5 metres, save and except: i. For a temporary assembly tent with a valid building permit and located on a lot for a period of less than 14 days which shall be exempt from a height restriction; or, Staff note that the height of accessory buildings within Rural Residential (RR) zones is increasing from 4.5m to 5.5m. The City has received a number of minor variance applications from Meaford for this purpose. There is no concern with this change. ii. For an accessory building or structure in the RR zone, which shall not exceed a maximum height of 5.5 metres. By-law Page 6 of 20 This section is further amended by adding the following as clause b) : b) Notwithstanding a) above, on a lot in the RU, SA, or A zones which has a lot area of at least 2 hectares and where an accessory building or structure meets the following setbacks, the maximum permitted height shall be 11 meters: i. The building or structure shall be set back a minimum distance of 7.5 metres from the front and rear lot lines; and, ii. The building or structure shall be set back a minimum distance of 3 metres from an interior side lot line. Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 6 of 10

7 16 Section Bunkies This section is hereby deleted and replaced as follows: Notwithstanding the provisions of Section 4.1 to the contrary, a maximum of one Bunkie shall be permitted accessory to a residential dwelling which is located on a lot in the RLS, SR, RR, A, RU, or SA zones. A Bunkie shall not exceed a total floor area of 27.9m2, said floor area contributing towards the calculation of maximum lot coverage per Section of this By-law. Staff note that one (1) accessory Bunkie maximum is permitted on RLS, SR, RR, A, RU and SA zones. The definition of Bunkie does not provide for it to be a dwelling unit because it is design to contain sleeping accommodations of which does not contain cooking facilities but can contain plumbing and sanitary facilities. There is no concern with this change. 17 No concern. 18 No concern. 19 No concern. Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 7 of 10

8 20 Section Units within a Detached Accessory Structure (Urban; Serviced) Item b) of this section is amended by inserting the following text between dwelling unit and is not : (excluding floor area where the distance between finished ceiling and finished floor is 1.2 meters or less) Staff note that accessory detached dwelling units are proposed to be permitted in urban serviced zones. There is no concern with this change as the new units are directed to settlement areas. Item d) of this section is deleted and replaced as follows: d) The unit is located in accordance with the yard setbacks applicable to a main dwelling in the applicable zone; i) Complies with Section 4.23 of this By-law, if applicable; and, ii) Does not exceed the maximum height or lot coverage for accessory structures as set out by Section and of this by-law. This shall not prevent the conversion, of an existing accessory structure that is non-compliant with respect to height or lot coverage, to an accessory apartment dwelling unit provided all other requirements of this by-law applicable to such a unit are met. 21 No concern. 22 No concern. 23 No concern. Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 8 of 10

9 24 Section Home Industry Item c) is amended by adding the text RR after RU. A new Item i) is added following item h), reading as follows: Retail sale of goods produced by the home industry shall be permitted, however, premises associated with display and sales shall not exceed 15% of the gross floor area of the home industry on the lot, and such floor area shall be included in calculation of the home industry s gross floor area in determining compliance with (b). Addition of RR to the definition Home Industry is a technical fix as RR' zones have Home Industry as a permitted use in Table 6.1 of the Zoning By-law. The Municipality of Meaford Official Plan permits Retail Accessory for Home Industries in residential zones; however, the zoning by-law did not permit the use. Rather than require Zoning By-law Amendments on a case by case basis, Meaford is proposing to permit retail accessory use to a Home Industry in RR zoned properties up to 15% of the GFA, as is done within existing industrial zoned accessory retail uses and to align with the Official Plan. Staff note that accessory retail may also conflict with residential uses in terms of noise and traffic. This may be a consideration for requiring site specific analysis in the form of a Zoning By-law Amendment or minor variance, or these uses may be better directed to existing zones that permit retail uses. 25 No concern. 26 No concern. 27 No concern. 28 No concern. 29 No concern. 30 No concern. 31 No concern. 32 No concern. 33 No concern. 34 No concern. Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 9 of 10

10 35 No concern. 36 No concern. 37 No concern. 38 No concern. 39 No concern. 40 No concern. 41 No concern. 42 No concern. 43 No concern. 44 No concern. 45 No concern. 46 No concern. 47 No concern. 48 No concern. 49 No concern. Report: Comments on Municipality of Meaford General Zoning By-law Amendment Page 10 of 10

11 Notice of Public Meeting PUBLIC MEETING of Council Mon. April 10 th, 2017 at approx. 5:00 PM Municipality of Meaford Council Chambers th Line ( In accordance with Section 34 (12) of the Planning Act, R.S.O. 1990, c.p.13, as amended) The Municipality of Meaford is updating its Zoning By-law and you re invited! Why has an updating Zoning Amendment been prepared? The Zoning By-law is a statutory document that sets out the specific permitted land uses and development standards that apply to properties in the Municipality of Meaford. It does not apply to the Land Forces Central Area Training Facility or lands in the Niagara Escarpment Plan Area. An electronic copy of the draft amendment is available on our website at A hard-copy can be viewed at the Municipal Offices at 21 Trowbridge Street West, Monday-Friday 8:30am-4:30pm Find The Municipality of Meaford Planning & Building Services Department page on Facebook. Our zoning by-law was passed in 2009 and has been amended each year in order to make sure that it is as accurate and up-to-date as possible. This year s amending by-law proposes a range of changes, which include: More flexible standards for accessory buildings on rural parcels Permission for on-site temporary accommodation during active construction of a dwelling in non-urban areas Provisions permitting and regulating placement of shipping/storage containers on a temporary and permanent basis Removal of the outdated livestock to land ratio requirement Updating of references to reflect the new Provincial Minimum Distance Separation (MDS) Formulae & Guidelines Inclusion of illustrative mapping showing the Events Based Areas around the municipal water intake ( Re: Drinking Water Source Protection) Correction of outdated or inaccurate zoning on several parcels Correction/updating of various site-specific exception permissions Clarification of the wording of several definitions and general provisions to guide interpretation/implementation Update to underlying parcel lines and to Environmental Protection boundaries on the mapped Zoning Schedules For questions or to discuss the proposed amendments, please contact Senior Planner, Liz Buckton at lbuckton@meaford.ca or X1120 Dated: March 15 th, 2017 Matt Smith, Clerk Notification, Submissions & Questions IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Meaford before the By-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Municipality of Meaford to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Meaford before the By-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. If you wish to be notified of the passing of the proposed Zoning By-law Amendment, or of the refusal of a request to amend the by-law, you must make a written request to: The Municipality of Meaford Attn: Clerks Department 21 Trowbridge St. West Meaford, ON, N4L 1A1 Or by msmith@meaford.ca * Please note that the Zoning Bylaw applies to the majority of lands within the Municipality and therefore a property-specific key map has not been provided with this notice.

12 GEORG IAN BAY Cs "- "it' EP Schedu le 'A' Map2 Municipality of Meaford \r sr-115 R BY-LAW AS AMENDED Updated: October 9, 2015 N L EP W E S tl RLJ EP RU I'rrr: l. l.rf, I l) EP RR RR EP!jr:, lrl rp I -l EP The information contained herein is provided by Planning Services. Content provided may not be an exact and/or current reproduction of the offic al documents. Where the official by-law document differs, the official by-law document takes precedence. This is not a legal survey. o Meters 1 :12,000

13 GEORG IAN BAY os.y Cs R5 r\"1' EP Schedu le 'A' Map2 Municipality of Meaford \r SR-1 1 BY-LAW AS AMENDED Updared: April 2017 N L EP w E S Sc,r.M.,;' i RU City of Owen Sou EP RU Sr:t' lv,rir llì EP ú à a t I nnl It RR EP EP The informat on contained herein is provided by Planning Services. Content provided may not be an exact and/or current reproduct on of the official documents. Where the official by-law document differs, the off cial by-law document takes precedence. This is not a legal survey. o Meters 1 :12,OO0

14 t',r.r. ivl,r' Schedu le 'A' Map 1O Municipality of Meaford \r BY-LAW AS AMENDED Updated: October 9, 2O15 N E S The information contained herein is provided by Planning Services. Content provided may not be an exact andlor current reproduction of the official documents. Where the official by-law document differs, the official by-law document takes precedence. This is not a legal survey Meters 1:17 OOO

15 t l'. I -Ì:-:"':"""'.!!":'-"' a a Schedu le 'A' Map 1O Municipality of Meaford \\ BY-LAW AS AMENDED Updared: April 2017 N ','" h4,ri, I ì E S City of Owen Sound The information conta ned herein is provided by Planning Services. Content provided may not be an exact and/or current reproduction of the official documents. Where the official by-law document differs, the official by-law document takes precedence. This is not a legal survey. o Meters 1 : 1 7,O0O

16 The Corporation of the Municipality of Meaford By-law Number Being a by-law to amend zoning by-law of the Municipality of Meaford for Housekeeping Purposes Whereas, the Council of the Corporation of the Municipality of Meaford deems it in the public interest to pass a By-law to amend By-law ; and, Whereas, pursuant to the provisions of Section 34 and 36 of the Planning Act R.S.O. 1990, as amended, By-laws may be amended by Councils of Municipalities ; and Whereas, the subject amendment is pursued to address matters arising through ongoing review of the by-law including housekeeping items and corrections as well as adjustments to enhance clarity of the by-law and to address updated trends and issues; The Council of The Corporation of the Municipality of Meaford enacts as follows: 1. Schedule A, Map 1 through Map X of By-law , as amended are hereby deleted and replaced with revised Maps 1 through X, affixed hereto as Schedule A-1 2. Schedule B, Map 1 through Map X of By-law , as amended, are hereby deleted and replaced with revised Maps 1 through X, affixed hereto as Schedule A-2 3. Schedule C of By-law , as amended, is hereby deleted and replaced with the map affixed hereto as Schedule A-3 4. The preamble and text of By-law , as amended, are hereby further amended as described in the attached table Text Amendments, Date, 2017 affixed hereto as Schedule B-1 5. Schedules A-1 through A-3 and Schedule B-1 are hereby declared to form part of this By-law. By-law Page 1 of 20

17 6. That this by-law shall come into force and take effect upon being passed by Council, pursuant to the Planning Act, R.S.O. 1990, as amended. Read a first, second and third time and finally passed this Choose an item. day of Choose an item., Barb Clumpus, Mayor Denyse Morrissey, Acting Clerk By-law Page 2 of 20

18 SCHEDULE B-1 Text Amendments To By-law No Of The Corporation of the Municipality of Meaford Passed on this Choose an item. day of Choose an item., Date 2017 Number Section Modification 1. Preamble Section Preamble Section Preamble Section 5.7 This section is amended to read: The erection of a deck would be permitted anywhere on the lot, provided no part of the deck was located closer than 6.0 metres to the metre elevation. Decks would continue to be subject to the yard requirements and general provisions of the By-law This section is amended to read: New non-habitable accessory buildings would be permitted anywhere on the lot in accordance with any other applicable provision in the By-law, provided they were not located closer than 6.0 metres to the metre elevation. Paragraph one of this section is amended by deleting the words in September 2006 and replacing them with in March 2017 The final sentence of this section, referencing Schedule C of the by-law is hereby deleted. 4. Section Holding Provisions (H2) 5. Part 3 Definitions The reference to Section C11 in paragraph one of this section is hereby deleted and replaced with Section C10. The definition of Agricultural Building is extended by adding the following after the words similar structures : For the purposes of this By-law, an Agricultural Building shall be considered a Main Building. By-law Page 3 of 20

19 6. The definition of Bed and Breakfast Establishment is amended by adding the words or vacationing between travelling and public. 7. The definition of Boarding House is extended by adding the following text after the words classified in this By-law : nor any shared living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, owner s spouse, child or parent, or the spouse s child or parent and where the owner, spouse, child or parent lives in the building in which the living accommodation is located. 8. The definition of Custom Workshop is amended by adding the following text between the words automobiles and and further : nor the repair, servicing, or washing of motor vehicles, mobile homes, trailers and/or boats 9. The definition of Dwelling, Apartment is amended to read: Means a dwelling unit in an apartment building, or a dwelling unit that is located in a building with a permitted commercial use in the C1 zone. 10. The definition of Home Industry is amended by deleting the words with no show/display room from the first sentence and by adding the words servicing, washing, or between the words the and motor vehicles in the final sentence. 11. The definition of Home Occupation is amended by adding the following after the first sentence: For the purposes of this by-law, the servicing, washing, or repairing of motor vehicles, mobile homes, trailers and/or boats is not a home occupation. 12. A new definition Shipping Container is inserted between the definitions of Setback and Sight Triangle, as follows: By-law Page 4 of 20

20 Means a pre-fabricated container or structure, suitable for repeated use and designed for the storage of goods and materials while under transport by ship, rail, or motor vehicle. This definition shall include, but is not limited to, steel intermodal shipping containers and portable/mobile storage units Accessory Buildings, Structures and Uses This section is amended by adding the following text as a second paragraph: Notwithstanding the above, accessory buildings or structures shall not be permitted in the EP or EP-W zones, unless specifically permitted by this By-law. This section is further amended by adding the following text as a third paragraph: Where an accessory building or structure is to be sited on a lot in the RU or A zones having less than 2ha in area, the provisions applicable to such a structure in the RR zone shall be applied to said building or structure Timing of Construction Maximum Height This section is hereby deleted and replaced as follows: No detached accessory building or structure shall be erected on a lot prior to the erection of the main building. This shall not apply to prevent buildings or structures accessory to an agricultural use on a lot greater than 10ha in area. This section is amended to read: a) Unless otherwise provided for in this By-law, the maximum height of any detached accessory building or structure is 4.5 metres, save and except: i. For a temporary assembly tent with a valid building permit and located on a lot for a period of less than 14 days which shall be exempt from a height restriction; or, ii. For an accessory building or structure in the RR zone, which shall not exceed a maximum height of 5.5 metres. By-law Page 5 of 20

21 This section is further amended by adding the following as clause b) : b) Notwithstanding a) above, on a lot in the RU, SA, or A zones which has a lot area of at least 2 hectares and where an accessory building or structure meets the following setbacks, the maximum permitted height shall be 11 meters: i. The building or structure shall be set back a minimum distance of 7.5 metres from the front and rear lot lines; and, ii. The building or structure shall be set back a minimum distance of 3 metres from an interior side lot line Bunkies Shipping Containers This section is hereby deleted and replaced as follows: Notwithstanding the provisions of Section 4.1 to the contrary, a maximum of one Bunkie shall be permitted accessory to a residential dwelling which is located on a lot in the RLS, SR, RR, A, RU, or SA zones. A Bunkie shall not exceed a total floor area of 27.9m 2, said floor area contributing towards the calculation of maximum lot coverage per Section of this By-law. A new Section is inserted after 4.1.6, reading as follows: Shipping Containers a) Shipping containers shall not be used or placed for permanent accessory use on lands within the R1, R2, R3, R4, RM, D, RT, EP, or EP-W zones. b) Where shipping containers are used or placed on a lot for permanent accessory use, they shall be treated as an accessory building and be located per Section of this By-law, however, shall not be located within a front or exterior side yard. c) The temporary accessory use of shipping containers shall be permitted in all zones, save and except the EP and EP-W zones, subject to By-law Page 6 of 20

22 Section Accessory & Apartment Dwelling Units The heading of this section is amended by adding & between Accessory and Apartment. The first sentence of this section is hereby deleted and replaced as follows: These provisions apply only to accessory apartment dwelling units & apartment dwelling units in commercial zones Units within a Primary Dwelling Item b) of this section is amended by inserting the following text between dwelling unit and is not : (excluding floor area where the distance between finished ceiling and finished floor is 1.2 meters or less) Units within a Detached Accessory Structure (Urban; Serviced) Accessory & Item b) of this section is amended by inserting the following text between dwelling unit and is not : (excluding floor area where the distance between finished ceiling and finished floor is 1.2 meters or less) Item d) of this section is deleted and replaced as follows: d) The unit is located in accordance with the yard setbacks applicable to a main dwelling in the applicable zone; i)complies with Section 4.23 of this By-law, if applicable; and, ii) Does not exceed the maximum height or lot coverage for accessory structures as set out by Section and of this by-law. This shall not prevent the conversion, of an existing accessory structure that is non-compliant with respect to height or lot coverage, to an accessory apartment dwelling unit provided all other requirements of this by-law applicable to such a unit are met. The heading of this section is amended by adding & between accessory and Apartment By-law Page 7 of 20

23 Apartment Dwelling Units in a Commercial Zone Is hereby amended to read: Units in the Neighbourhood Commercial (C3) Zone Notwithstanding any other provisions of this By-law, accessory apartment dwelling units that are in the same or a separate building as a permitted commercial use on the same lot in the Neighbourhood Commercial (C3) Zone are permitted provided: a) The use of the building for residential uses is accessory to the commercial use; b) Where accessory apartment dwelling unit(s) are located in a separate building from the commercial use on the lot, the combined floor area of the units does not exceed 50% of the gross floor area of the commercial use; and, c) The maximum number of bedrooms is 2 per unit Is hereby deleted amended to read: Units in the Downtown Core Commercial (C1) Zone Notwithstanding any other provisions of this By-law, accessory apartment dwelling units and apartment dwelling units that are in a separate, or the same building as a permitted commercial use on the same lot in the Downtown Commercial (C1) Zone are permitted, subject to the following provisions: a) Accessory apartment dwelling units shall only be permitted in a separate building as a permitted commercial use on the same lot, provided: i. The use of the building for residential uses is accessory to the commercial use and the combined floor area of the accessory apartment dwelling units do not exceed an area equal to 50% of the gross floor area of By-law Page 8 of 20

24 the commercial use on-site ; ii. and, The maximum number of bedrooms is 3 per unit; iii. For lots having frontage on Sykes Street, Nelson Street east of Sykes Street, or on Bayfield Street between Trowbridge and Parker Street, no accessory apartment dwelling unit shall be permitted on the ground floor. b) Apartment dwelling units shall only be permitted in the same building as a permitted commercial use, provided: i. For lots having frontage on Sykes Street, Nelson Street east of Sykes Street, or on Bayfield Street between Trowbridge and Parker Street, no apartment dwelling unit shall be permitted on the ground floor. c) Notwithstanding a (iii) and b (i), above, entrances and lobbies associated with accessory or apartment dwelling units may be located in this area provided that no more than 30% of the main wall facing the street line is occupied by entrances or lobbies Home Industry Item c) is amended by adding the text RR after RU. A new Item i) is added following item h), reading as follows: Retail sale of goods produced by the home industry shall be permitted, however, premises associated with display and sales shall not exceed 15% of the gross floor area of the home industry on the lot, and such floor area shall be included in calculation of the home industry s gross floor area in determining compliance with (b) Home Occupation Clause e) is amended to read: There is no direct retail sale of retail goods from the premises, save and except limited ancillary sales directly associated with a service-oriented home occupation, for example, sale of shampoo/conditioner by a hair stylist from their home By-law Page 9 of 20

25 salon Legal non- Conforming Uses Clause c) is amended by adding the words is permitted between use and provided. Clause g) is amended by deleting the words Single Detached from the first sentence and replacing them with the word Residential. Clause g) is further amended by adding the words including increases in floor area or volume between dwelling and shall in the first sentence. Clause g) is finally amended by deleting the word that from the final sentence and replacing it with the words the maximum height of the building Prohibited Uses Clause e) is amended by adding the words or where expressly permitted on a temporary basis per 4.24 of this by-law Sewage and Water Services Setbacks from Slopes Setbacks for Livestock Operations Clause b) is expanded by adding the following wording after the word permitted : Notwithstanding the foregoing, where a system other than a Class IV or V system exists on a lot, it may be repaired or replaced. Sentence one is amended by deleting 15.0 and replacing it with 6.0 Clause b) is amended to read: No new or expanded livestock operation shall be erected or enlarged unless it is located in compliance with the Minimum Distance Separation II Formula set out in the Minimum Distance Separation (MDS) Document Formulae & Guidelines published by OMAFRA, as may be amended from time to time. A new Clause c) is inserted after Clause b) reading: c) No new primary/main dwelling unit, temporary farm help accommodation, accessory farm dwelling By-law Page 10 of 20

26 or detached accessory apartment dwelling unit shall be erected unless it meets the required setback calculated using the Minimum Distance Separation I formula as set out in the Minimum Distance Separation (MDS) Document Formulae & Guidelines published by OMAFRA, as may be amended form time to time. The former Clause c) is hereby identified as Clause d) and is amended to read: d) Notwithstanding c) above, for any new primary/main dwelling unit, temporary farm help accommodation, accessory farm dwelling, or detached accessory apartment dwelling unit on a lot of record existing prior to March 1st, 2017, where an adequate building envelope can be located outside of a required setback calculated via the Minimum Distance Separation Formula I (as set out in the Minimum Distance Separation (MDS) Document Formulae & Guidelines published by OMAFRA as may be amended form time to time), it shall be. This provision shall not be interpreted as to render a lot unbuildable. The paragraph following former Clause c) is deleted. A new clause e) is added, reading: e) For the purposes of the above-noted MDS calculations, all cemeteries, save and except Lakeview Cemetery shall be considered Type A land uses Setbacks from Georgian Bay The second paragraph is amended by adding the words non-habitable between detached and accessory in the first sentence and by deleting 15.0 and replacing it with 6.0. Clause d) is amended by the words following and inclusive of no part of the and replacing them with the additional area is not located closer to the water s edge than the existing accessory building or structure on the lot and provided the expansion complies with all of the other applicable provisions of By-law Page 11 of 20

27 this By-law Temporary Uses, General Clause a) is amended by adding the words shipping container between trailer and scaffold in the first sentence and by adding the words and the work has not been finished or abandoned at the end of the clause. A second paragraph is hereby added to Clause a) reading as follows: In addition, temporary accommodation for a primary residential, commercial, or other use which is intended to occupy a building which is under construction, with the work in progress on such building, may be temporarily permitted on the same lot in the form of a mobile, relocatable, portable or transportable building, mobile home, park model home or recreational trailer or vehicle provided such temporary accommodation is removed from the lot immediately upon completion or abandonment of construction. Such temporary accommodation shall not be permitted in the D, R1, R2, R3, R4, RM or RT zones; shall not be sited on the lands for a period exceeding two years from the date the building permit is issued for the main building; and, shall be serviced in accordance with the provisions of Section 4.21 of this by-law. A new clause g) is added, reading as follows: g) The temporary use of shipping containers on a non-industrial lot for storage purposes accessory to the main building on the lot, for a period not to exceed a maximum of 90 days per calendar year, subject to the following: i) Where sited on a lot within a residential or development (D) zone, or on a lot zoned rural (RU) or agricultural (A) having an area of less than 2ha, a maximum of one shipping container may be placed in an interior yard, rear yard or on a driveway in a front or exterior yard. A shipping container may be sited elsewhere in a front or exterior yard provided it is removed within 14 days. In no case shall a shipping By-law Page 12 of 20

28 container be located nearer than 1m to any lot line. ii) On a lot within a commercial or other nonresidential zone no shipping container shall be placed within a required yard unless sited in compliance with b). A new clause h) is added, reading as follows: h) The seasonal or one time siting and operation of a refreshment vehicle where a license has been issued satisfying the provisions of the municipal business licensing by-law passed pursuant to the Municipal Act, and where: i) the lands are zoned to permit a retail store or restaurant; or, ii) the refreshment vehicle is located on a lot occupied by a Farm Produce Outlet Temporary Farm Help Accommodation Clause e) is amended by deleting the word were at the end of sentence one and replacing it with the word where. Clause e) sub-clause iii) is amended to read: iii)the floor area of the building (excluding floor area where the distance between finished ceiling and finished floor is 1.2 meters or less) does not exceed 50% of the gross floor area of the main building on the lot; Clause e) sub-clause iv) is amended to read: iv)the building is located in accordance with the yard setbacks applicable to a main dwelling in the applicable zone; and, Clause e) sub-clause v) is amended to read: v) The building meets the required setback calculated using the Minimum Distance Separation I Formulae set out in the Minimum Distance Separation (MDS) Document & Formulae published by OMAFRA as may be amended from time to time. By-law Page 13 of 20

29 A new sub-clause vi) is added to Clause e) reading as follows: vi) The building does not exceed a height of 11 meters Signs in Residential Zones Cottage Rental Accessory Livestock Fuel Storage In Events Based Areas This section is amended to read: An accessory sign having a maximum surface area of 0.5 square metres shall be permitted in any Zone where associated with a permitted bed and breakfast, home industry or home occupation on the lot, subject to the standards of the Municipality Sign By-law. Clause a) is deleted and the following clauses reidentified accordingly. Clause a) is amended to read: Meet yard setbacks and lot coverage for an Accessory Building or Structure per of this By-law. Where MDS II calculations for the livestock facility/building require a greater setback, said greater setback shall apply; A new section 4.32 Fuel Storage in Events Based Areas is inserted as follows: Within the Municipality of Meaford: Events Based Areas EBA-2000, EBA-5000 & EBA-12,000 and within the Thornbury Events Based Area EBA-100,000 as delineated within the applicable Source Protection Plan and shown in Schedule C to this by-law, no new, replacement, or expanded commercial or bulk fuel storage nor any accessory fuel storage shall be erected, enlarged or established unless compliant with the Approved Source Protection Plan for the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region, as may be amended from time to time. For the purposes of this Section Fuel Storage shall refer to facilities where gasoline or an associated product (including petroleum products, wax, asphalt By-law Page 14 of 20

30 or any other liquid product used as a fuel) is handled, loaded or dispensed to be used as a fuel in motor vehicles, or as a fuel oil. 38. Table 5.2 Residential Parking Requirements A new row is added to the table as follows: Column 1: Accessory Apartment Dwelling Units and Apartment Dwelling Units in C1 Zone Column 2: 1.25 parking spaces per dwelling unit Row 2 (renumbered following addition of a new Row 1) is amended to read as follows: Column 1: Accessory Apartment Dwelling Units in zones other than C1 Zone Column 2: 1 parking space per dwelling unit, in addition to the required parking for the main use or primary dwelling unit Row 7 (renumbered following addition of a new Row 1), Column 1 is amended to read as follows: Townhouse, Apartment Buildings, Multiple Unit Dwellings Parking of Oversized Recreational Vehicles Clause a) is hereby amended to read: No more than one trailer, truck camper, boat or recreational trailer or vehicle may be parked out of doors on any lot in a Residential Zone (save & except the RR Zone). Such a trailer or vehicle may only be parked in a driveway in a front or exterior side yard on or between April 15 th and December 1 st, or may be parked in an interior side or rear yard throughout the year. No more than a total of two trailers, truck campers, boats or recreational trailers or vehicles may be parked out of doors on a lot in the Rural Residential (RR), Agricultural (A) or Rural (RU) zones. Such a trailer or vehicle may be parked in an interior side yard or rear yard or on a driveway within the front or exterior yard, provided it is not nearer than 7.5m from By-law Page 15 of 20

31 the front or exterior lot line. 40. Table 5.10 Non-Residential Parking Standards A new Row is inserted after Row 4 (New Row 5), as follows: Column 1: Hospital Column 2: 1 parking space per 50m 2 of gross floor area Row 6 (renumbered following the addition of New Row 5) is amended by deleting Hospital from Column Required Parking Space Exemptions 42. Section 5.12 & Table 5.4 Required Barrier-Free Parking Spaces Clause a) is amended by adding the following after the word Zone : save and except a hotel or motel, to which the standards of Table 5.3 shall apply. The first paragraph of 5.12 is amended by adding the words Ontario Regulation 191/11 after this By-law in the first sentence. The first paragraph is further amended by deleting the text Highway Traffic Act and replacing it with Provincial Offences Act. The words in Table 5.4. Where the minimum number of parking spaces is calculated on the basis of a rate/ratio, the required number shall be rounded up to the higher whole number. are hereby added to the end of this paragraph. The last paragraph, following Table 5.4 is hereby deleted. Table 5.4 is hereby deleted and replaced with the following new Table 5.4 Table 5.4 Required Barrier-Free Parking Spaces By-law Page 16 of 20

32 No. of Required Parking spaces No. of Barrier-free Parking Spaces parking space % of the required parking spaces parking space plus 3% of required parking spaces Type of Spaces Required Type A Equally divided between Type A and Type B, if an even number of parking spaces is required. Any additional odd space may be either Type A or B. A Minimum of one Type A space shall be provided parking spaces plus 2% of required parking spaces parking spaces plus 1% of required parking spaces A new paragraph and sub-clauses a) through e) are added following Table 5.4, as follows: Parking Spaces required in accordance with Table 5.4 shall be provided as follows: a) Where a Type A parking space is required or By-law Page 17 of 20

33 provided, it shall be a minimum width of 3.4m and a minimum length of 5.8m; b) Where a Type B parking space is required or provided, it shall be a minimum width of 2.4m and a minimum length of 5.8m; c) Each parking space shall be paved and the access from the parking space to the main entrance of the main building on the lot shall be paved; d) Each space shall have a vertical clearance of 3.0m; and, e) An access aisle, having a minimum width of 1.5m and extending the full length of the parking space shall be provided adjacent to all barrier free parking spaces. An aisle may be shared by two barrier-free parking spaces. 43. Table 6.1 Residential Zone Use Permissions Table 6.1 is amended by adding the words (including specialized) after the words Agricultural Use in Row 1, under the heading Permitted Use. Table 6.1 is further amended by adding (10) in row one, under the RR heading. A new Special Provision 10 is added following Table 6.1 as follows: (10) Buildings or structures housing accessory livestock are subject to Table Residential Zone Standards (Part A) Table is amended by adding (13) in Row 3, under the headings SR and RLS. The Special Provisions following Table are amended as follows: Special Provision (2) is amended by deleting the text 7.8 metres/unit and replacing it with 9 metres/unit. The second sentence beginning with Minimum lot frontage for a duplex dwelling is hereby deleted. Special Provision (3) is amended by deleting the text 6.8 metres/unit and replacing it with 8 metres/unit. The By-law Page 18 of 20

34 second sentence beginning with Minimum lot frontage for a duplex dwelling is hereby deleted. Special Provision (4) is amended by deleting the text 6.3 metres/unit and replacing it with 7.5 metres/unit. The second sentence beginning with Minimum lot frontage for a duplex dwelling is hereby deleted. A New Special Provision is added as follows: (13) On a lot abutting Georgian Bay, an attached garage may project into the required front yard, provided it is located not nearer than 5.0 meters from the front lot line and is not greater than 4.5m in height. 45. Table 7.1 Commercial and Employment Zone Use Permissions Table 7.1 is amended by adding a new row following Row 18. This new Row 19 reads as follows: Under the heading Permitted Use the text Dwelling Unit, Apartment is added. Under the heading C1 the text X(2) is added. All Rows following new Row 19 are hereby renumbered, each increasing by Table 8.1 Agricultural, Rural, Recreational and Other Zone Use Permissions 47. Table 8.3 Provisions for Buildings in A, SA, RU or MR Zones Special Provision (8) following Table 8.1 is hereby amended by adding the following text as a second and third sentence to this provision: The expansion of the single detached dwelling and the siting or enlargement of accessory buildings or structures on the lot shall not be permitted within the EP or EP-W zones. The heading Boarding stables, barns, agricultural buildings (1) (2) is amended by adding the text (6) following (2). The text 6 is hereby deleted from Row five within the column titled Dwelling, Single Detached, Temporary Farm Help Accommodation (2)(5). Special Provision (5) following Table 8.3 is hereby By-law Page 19 of 20

35 deleted and replaced as follows: (5) Temporary Farm Help Accommodation is subject to of this By-law. Special Provision 6 following Table 8.3 is hereby deleted and replaced as follows: (6) Where a stable, barn, agricultural building/structure does not exceed the maximum height set out via a) or b), the building/structure may be located in accordance with the provisions of Section of b), save and except where the MDS II calculated for a livestock facility would require a greater setback, in which case said greater setback applies. 48. Table 8.4 All Other Zones 49. Part 9 Exceptions The column I is hereby amended to read I/UI. Section 9 is hereby deleted and replaced with a new Section 9 attached hereto as Schedule X to this by-law. By-law Page 20 of 20