THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (ZONING BYLAW 2015 UPDATE) BYLAW 2015 NO. 5109 Bylaw 2015 No. 5109 involves several amendments to Township of Langley Zoning Bylaw 1987 No. 2500 necessary to allow for efficient administration of the bylaw and to reflect current Council policies. This is a continuation of the process started in 1987 with the adoption of the Consolidated Zoning Bylaw.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 AMENDMENT (ZONING BYLAW 2015 UPDATE) BYLAW 2015 NO. 5109 A BYLAW TO AMEND TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO. 2500 WHEREAS it is deemed necessary and desirable to amend Township of Langley Zoning Bylaw 1987 No. 2500 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Zoning Bylaw 2015 Update) Bylaw 2015 No. 5109. 2. The Township of Langley Zoning Bylaw 1987 No. 2500 as amended is further amended: (1) by adding as Section 101.4 after Section 101.3 the following: Interpretation 101.4 If this Bylaw expressly permits a use in one zone, and does not expressly permit that use in a second zone, that use is not permitted in the second zone, under more general use provisions or otherwise. and renumbering subsequent sections accordingly (2) By amending Section 102 Definitions as follows: a. by adding to Section 102 the following definition: HOBBY BEEKEEPING means the keeping, owning, or maintaining of bees or bee hives on a lot occupied by the beekeeper. b. by replacing the current definition of Two Family Dwelling with the following words: TWO FAMILY DWELLING means a residential building containing two dwelling units joined by a common wall.
Bylaw No. 5109 Page 2 c. by adding to Section 102 the following definition: PERSONAL SERVICE USE means a commercial establishment which provides for the care and appearance of the body including barbershop, hairdresser, nail salon, and beauty parlour. Excludes Tattoo Parlours. d. by adding to Section 102 the following definition: PRODUCTION STUDIO means a building, structure or facility including outdoor related equipment, used for the production of radio, television and motion pictures. e. by adding to the current definition of TANDEM PARKING after the words driveway or highway. the words Spaces must be designated for the same dwelling unit. Tandem parking is not permitted in structured parking. f. by adding to Section 102 the following definition: READY-MIX CONCRETE PLANT means a device that combines various ingredients to form ready-mix concrete. (3) By Amending Section 103 Penalty and Amendment as follows: a. by replacing Section 103.1 with the following: A person who contravenes this Bylaw may be subject to penalties specified in the Corporation of the Township of Langley Bylaw Notice Enforcement Bylaw 2008 No. 4703, as amended. b. by adding as Section 103.2 after 103.1 the following: A person who contravenes this Bylaw commits an offence against the Bylaw and is liable to a penalty not exceeding $10,000.00. c. by adding as Section 103.3 after 103.2 the following: Where the offence is a continuing one, each day the offence continues shall be a separate offence. and renumber subsequent sections accordingly (4) By Amending Section 104 General Provisions as follows: a. by amending Section 104.3 as follows: i. by amending Section 104.3 f) v) by adding after the word (CD) the words and Residential Compact Lot (R-CL, R-CL(A), R-CL(B), R-CL(CH) ii. by amending Section 104.3 i) iii) by adding after the words or parts the words or manufacturing or fabrication.
Bylaw No. 5109 Page 3 iii. by amending in Section 104.3 l) by adding after the word (CD) the words and Residential Compact Lot (R-CL, R-CL(A), R-CL(B), R-CL(CH) iv. by replacing in Section 104.3 p) the word seven with the words eight b. by adding as Section 104.5 4) after Section 104.5 3) the following: Public recreation facilities and public schools are exempt from the height requirements of this Bylaw. c. by adding as Section 104.18 after Section 104.17 the following: Hobby Beekeeping 1) The maximum number of beehives and nucleus colonies (a colony of not more than five (5) removable frames primarily used for the rearing and storing of queen bees) is limited as follows: a) Two (2) hives and two (2) nucleus colonies on a lot with an area equal to or greater than 650 m 2 and less than 2000 m 2. b) Four (4) hives and four (4) nucleus colonies on a lot with an area equal to or greater than 2000 m 2 c) Notwithstanding a) and b) above, hobby beekeeping shall not be permitted on a lot with an area less than 650 m 2. 2) Bee hives shall be located to the rear of the principal building on the lot; and be located: a) Behind a solid fence or hedge a minimum of 1.83 m in height located parallel to adjacent lot lines and extending a minimum of 6.0 m horizontally beyond the hive in either direction; or b) A minimum of 7.5 m from a lot line. d. by adding as Section 104.19 after Section 104.18 the following: Ready-Mix Concrete Plants 104.19 A ready-mix concrete plant is permitted in the M-3 Zone under section 703.1 4) and is prohibited in every other zone as a principal use and as an accessory use. (5) By Amending Section 105.1 2) by adding after the words of this Bylaw, the words and Township Streamside Protection Bylaw No. 4485 as amended; (6) By Amending Section 107 Parking and Loading Requirements as follows:
Bylaw No. 5109 Page 4 a. by amending Section 107.3 Required Off Street Parking Spaces as follows: i. by amending Section 107.3 a) ii) by replacing the number 2.5 at the beginning of the second paragraph with the number 2.3, by adding after the words tandem parking; the word plus and deleting the words shall be included in the total parking calculation. ii. by amending Section 107.3 c) iv) by adding after the word establishments, the words personal service use b. by amending Section 107.5 Design Criteria as follows: i. by amending Section 107.5 2) by adding after the words in height the words along its side, replacing the number 0.6 with the number 0.3 and adding before the words in addition the words for each such fence or structure ii. by amending Section 107.5 5) by adding after the words For all Industrial (M) the words and Institutional (P). iii. by deleting from Section 107.5 6) the word RM iv. by adding as Section 107.5 7) after Section 107.5 6) the following: In RM and Residential Comprehensive Development Zones a maximum of 20% of the required visitor parking stalls may be designated for small car parking, subject to all small car parking stalls being 90 o, having a minimum size of 2.44 metres by 4.88 metres and being clearly signed for small cars only. c. by amending Section 107.6 3) by replacing the words May 15 with the words May 1 and by replacing the words September 15 with the words September 30. d. by amending Section 107.8 Required Off-Street Loading Facilities as follows: i. by adding the number 1) to the beginning of the section. ii. by adding after the words or greater. the following: Where overhead loading doors are provided on the building, offstreet loading space shall be provided adjacent to each overhead loading door of the building. Where no overhead loading door is provided, off-street loading space shall be provided in a location adjacent to the shipping and receiving doors or main entry doors of the building.
Bylaw No. 5109 Page 5 iii. by adding as Section 107.8 2) after Section 107.8 1) the following: Off-street loading spaces shall not be considered as off-street parking spaces for the purposes of calculating the parking spaces required under this Bylaw. iv. by adding as Section 107.8 3) after Section 107.8 2) the following: Loading areas shall be designed to ensure that the loading of vehicles shall remain entirely within the loading space and not result in vehicles backing onto a highway. (7) By amending Sections 111.5 2) b) and c) by replacing the words Parks Design and Development with the words Green Infrastructure Services. (8) By amending Section 201.5 5) d) by replacing the words Western Agricultural Labour Initiative (W.A.L.I.) with the words BC Agriculture Council. (9) By amending Section 201.1 by deleting the words 8) group childrens day care and by amending Section 301.1 by deleting the words 6) group childrens day care and renumbering subsequent sections accordingly. (10) By amending Section 301.5 and 302.4 Siting of Buildings and Structures as follows: a. by replacing 301.5 2) b) and 302.4 2) b) with the following: b) 1.5 metres from a rear lot line except: i. where the proposed accessory building or structure is equal to or greater than 80 m 2 the setback shall be 3.0 metres; ii. where a through lot fronts one 2 streets the setback shall be the same as for the front yard setback for the principal building. b. by amending 301.5 2) c) and 302.4 2) c) by adding after the words lot line the words except where the proposed accessory building or structure is equal to or greater than 80 m2 the setback shall be 3.0 metres. (11) By amending Section 303.1 by adding the words 5) hobby beekeeping subject to Section 104.18 (12) By amending Section 400 Residential Zones as follows: a. By amending Section 402.1 by adding the words 4) hobby beekeeping in R-1D and R-1E zones, subject to Section 104.18
Bylaw No. 5109 Page 6 b. by amending Section 404.5 and 405.5 by adding as footnote (10) the following: (10) For a front loaded lot, where a stair and landing, providing access to the rear yard from the first storey projects beyond the rear face of the building, the minimum distance to the rear lot line may be reduced by not more than 1.2 metres, providing that the stair landing projecting into the setback does not exceed an area of 1.5 square metres and that such reduction shall only apply to the rear stair and landing. c. by amending Section 404.5 1) and 405.5 1) by adding footnote (10) under the minimum rear lot line setback for a principal building. d. by adding as Section 404.6 5) and 405.6 4) the following: Access to the rear yard shall be provided from the first storey either directly or by stairs. e. by replacing Section 410.2 with the following: Where a lot is 557.4 m 2 or greater no more than one single family or one two family dwelling is permitted on any one lot. Where a lot is less than 557.4 m 2 no more than one single family dwelling is permitted on any one lot. f. by amending Section 413.1 by adding the words 4) hobby beekeeping subject to Section 104.18 (13) By amending Section 603.1 by deleting the words 12) hairdresser, by adding after the words new automotive parts and accessory stores the words 15) personal service use and renumbering subsequent sections accordingly (14) By amending Section 700 Industrial Zones as follows a. by amending Section 701.1 by adding after the words 13) printing and publishing the words 14) production studio and renumbering subsequent sections accordingly b. by amending Sections 701.6 e), 702.5 e), 702A.5 e), 702B.5 e), 703.3 d), 704.3 d), 705.6 d), 705A.6 d), 707.4 d), 711.6 e), 712.6 d) and 713.3 d) by adding after the term RM the term RU c. by amending Section 703.1 1) by adding after the words M-2 Zone the words except production studios which are prohibited d. by amending Section 703.1 by deleting the words 4) concrete plants and adding the words 4) ready-mix concrete plant
Bylaw No. 5109 Page 7 e. by amending Section 703.3 by adding as item c) the following words: no setback is required from an interior rear or interior side lot line abutting an M or C zone; and renumbering subsequent sections accordingly f. by deleting Sections 703.7, 704.7 and 713.7 g. by amending Section 704.1 1) and 713.1 1) by adding after the words all uses permitted in Heavy Industrial zone M-3 the words except a ready-mix concrete plant. (15) by amending Section 801 Civic Institutional Zone P-1 by adding as Section 801.5 the following: Height of Buildings and Structures Except as provided for in Section 104.5 the height of buildings and structures shall not exceed 15 metres nor 4 storeys for seniors housing and renumbering subsequent sections accordingly. (16) by deleting Section 904.4 and renumbering subsequent sections accordingly (17) by amending Section 904.5(1) and (2) by replacing the number 904.6 with the number 904.5 (18) By adding to Section 914.1 1) the following words: g) Parking of commercial vehicles (19) by amending Section 945.1 by replacing the words 18) personal service uses (such as hairdressers, dry cleaners, sun tanning, tailor with the words 18) personal service use READ A FIRST TIME the 06 day of July, 2015. READ A SECOND TIME the 06 day of July, 2015. PUBLIC HEARING HELD the day of, 2015. READ A THIRD TIME the day of, 2015. RECONSIDERED AND ADOPTED the day of, 2015. Mayor Deputy Township Clerk
REPORT TO MAYOR AND COUNCIL PRESENTED: JULY 6, 2015 - REGULAR EVENING MEETING REPORT: 15-83 FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 3900-25-5109 SUBJECT: ZONING BYLAW 2015 UPDATE RECOMMENDATIONS: That Council give first and second reading to Township of Langley Zoning Bylaw 1987 No. 2500 Amendment (Zoning Bylaw 2015 Update) Bylaw 2015 No. 5109, intended to clarify and update various sections of the Zoning Bylaw and authorize staff to schedule the required public hearing. EXECUTIVE SUMMARY: Langley Zoning Bylaw No. 2500 was adopted by Council in 1987 consolidating various Township Zoning Bylaws into one comprehensive document. Refinements to the text of the Zoning Bylaw have occurred on a fairly regular basis with the adoption of eleven previous Omnibus bylaw amendments clarifying the Zoning Bylaw s administration and updating its contents to reflect most up-to-date legislation and Council resolutions, generally considered as housekeeping. This report recommending amendments to the Zoning Bylaw text is a continuation of this process and is the culmination of an extensive inter-departmental review process over the past several years, since the last similar review was completed in April 2011. It is recommended that Bylaw No. 5109 be granted first and second reading, and that staff be authorized to schedule a public hearing. The recommended revisions can be mainly categorized as housekeeping, intended to clarify and update the Zoning Bylaw based on current Council policy and direction, and further to provide definitions, where necessary to address other legal and administrative matters. PURPOSE: The purpose of this report is to recommend to Council required fine-tuning of the Zoning Bylaw to clarify and update it in accordance with current administrative practice and Council policy.
ZONING BYLAW 2015 UPDATE Page 2... DISCUSSION/ANALYSIS: The following amendments are recommended to clarify the Zoning Bylaw with respect to administration and to provide updates relative to current legislation and Council resolutions. For ease of correlation with Bylaw No. 5109, each proposed amendment is accompanied by the number of the section (in brackets/italics) containing the amendment in Bylaw No. 5109. For example, (1) refers to the new Interpretation Section. 1. In order to strengthen and clarify provisions related to acceptable zoning for ready-mix concrete plants (as a result of recent litigation), amendments are proposed as follows: To ensure that uses not expressly permitted in a zone are prohibited in that zone, the following section is proposed to be added to Section 101 Application: Interpretation 101.4 If this Bylaw expressly permits a use in one zone, and does not expressly permit that use in a second zone, that use is not permitted in the second zone, under more general use provisions or otherwise. (1) A new definition is proposed to be added to the Zoning Bylaw as follows: READY-MIX CONCRETE PLANT means a device that combines various ingredients to form ready-mix concrete. (2.f) A following section is proposed to be added to Section 104 General Provisions: Ready-Mix Concrete Plants 104.19 A ready-mix concrete plant is permitted in the M-3 Zone under section 703.1 4) and is prohibited in every other zone as a principal use and as an accessory use. (4.d) Section 703.1 (Uses Permitted in the M-3 Zone) is proposed to be amended by deleting concrete plants and adding ready-mix concrete plant. (14.d) To clarify that ready-mix concrete plants are not permitted in other industrial zones that allow Heavy Industrial M-3 uses, additional text will be added to the uses sections of the Heavy Industrial M-4 and M-13 zones excepting ready-mix concrete plant from the permitted uses. (14.g) 2. As part of a November 5, 2012 Council resolution, Council directed staff to add beekeeping to designated residential areas in future revisions to the Zoning Bylaw. A new definition is proposed to be added to the Zoning Bylaw as follows: HOBBY BEEKEEPING means the keeping, owning, or maintaining of bees or bee hives on a lot occupied by the beekeeper. (2.a)
ZONING BYLAW 2015 UPDATE Page 3... It is further proposed that provisions regarding hobby beekeeping (limitations on scale and siting) be included in the General Provisions section of the Zoning Bylaw as follows: 104.18 Hobby Beekeeping 1) The maximum number of beehives and nucleus colonies (a colony of not more than five (5) removable frames primarily used for the rearing and storing of queen bees) is limited as follows: a) Two (2) hives and two (2) nucleus colonies on a lot with an area equal to or greater than 650 m 2 and less than 2000 m 2. b) Four (4) hives and four (4) nucleus colonies on a lot with an area equal to or greater than 2000 m 2 c) Notwithstanding a) and b) above, hobby beekeeping shall not be permitted on a lot with an area less than 650 m 2. 2) Bee hives shall be located to the rear of the principal building on the lot; and be located: a) Behind a solid fence or hedge a minimum of 1.83 m in height located parallel to adjacent lot lines and extending a minimum of 6.0 m horizontally beyond the hive in either direction; or b) A minimum of 7.5 m from a lot line. (4.c) Hobby beekeeping is proposed to be added as a permitted use in the R-1D, R-1E, SR-3 and CRE-1 zones as detailed in the November 5, 2012 Council report. (11, 12.a, 12.f) 3. An amendment to the definition of Two Family Dwelling is proposed for clarification purposes and does not change administrative practice. The revised definition is as follows: TWO FAMILY DWELLING means a residential building containing two dwelling units joined by a common wall. (2.b) 4. The term Personal Service Use is proposed to be added as a definition and replace the undefined hairdresser term currently used in the Zoning Bylaw. The new definition will allow for similar scale and impact uses, and is proposed as follows: PERSONAL SERVICE USE means a commercial establishment which provides for the care and appearance of the body including barbershop, hairdresser, nail salon, and beauty parlour. Excludes Tattoo Parlours. (2.c) The parking section of the bylaw is also proposed to be updated to include a parking requirement for Personal Service Use and references to hairdresser have been replaced by Personal Service Use in the appropriate locations. (6.a.ii, 13, 19)
ZONING BYLAW 2015 UPDATE Page 4... 5. In order to accommodate filming operations, the term Production Studio is proposed to be added as a definition in the Zoning Bylaw as follows: PRODUCTION STUDIO means a building used for the production of radio, television and motion pictures. (2.d) Further amendments are proposed to add Production Studio as a permitted use in service and general industrial zones, excluding heavy and site specific industrial zones. (14.a, 14.c) 6. An amendment to the definition of Tandem Parking is proposed to clarify that tandem parking spaces must be assigned to the same unit, and that tandem parking is not permitted in structured parking situations (i.e. parking garages / underground parking). The revised definition is proposed as follows: TANDEM PARKING means the placement of one parking space behind another space in a garage or carport such that only one parking space has unobstructed access to drive aisle, driveway or highway. Spaces must be designated for the same dwelling unit. Tandem Parking is not permitted in structured parking. (2.e) In addition, it is proposed to revise the text for tandem parking requirements in townhouse developments to provide greater clarity in calculation of required resident and visitor parking. Overall parking requirements are not proposed to be changed. (6.a.i) 7. Township of Langley Bylaw Notice Enforcement Bylaw 2008 No. 4703 regulates the enforcement and penalties that can be applied in the Township. To ensure that the Zoning Bylaw is consistent with the Bylaw Notice Enforcement Bylaw, the existing Penalty section 103.1 of the Zoning Bylaw is proposed to be replaced, as follows: 103.1 A person who contravenes this Bylaw may be subject to penalties specified in the Corporation of the Township of Langley Bylaw Notice Enforcement Bylaw 2008 No. 4703, as amended. 103.2 A person who contravenes this Bylaw commits an offence against the Bylaw and is liable to a penalty not exceeding $10,000.00. 103.3 Where the offence is a continuing one, each day the offence continues shall be a separate offence. (3.a, 3.b, 3.c) 8. Four amendments are proposed to the Accessory Home Occupation provisions of the Zoning Bylaw as follows: a. To be consistent with residential Comprehensive Development zones and ensure that Residential Compact zoned properties are limited to small scale accessory home occupations only, and do not put a greater strain on parking, it is proposed to add Residential Compact zoned properties to Section 104.3 f) v) and 104.3 l). (4.a.i, 4.a.iii)
ZONING BYLAW 2015 UPDATE Page 5... b. To ensure that industrial based development is being located in appropriately designed industrial zones, it is proposed to add to the items excluded from accessory home occupation uses the words manufacturing or fabrication. (4.a.ii) c. To be consistent with the Community Care and Facility Act (which allows up to eight children in a licensed family day care or up to eight adults in an adult day care facility) it is proposed to revise the maximum number of children / adults permitted by the Accessory Home Occupation provisions from seven to eight. (4.a.iv) 9. Public recreation facilities and schools are permitted in all zones of the Township. Existing zoning for public recreation facilities and public schools may have height restrictions which do not accommodate the facilities. In order to accommodate the height requirements for such facilities, a new section 104.5 4) is proposed as follows: Public recreation facilities and public schools are exempt from the height requirements of this Bylaw. (4.b) 10. To ensure that, in addition to Zoning Bylaw provisions, the Township s Streamside Protection Bylaw is referenced when considering watercourse setbacks, an amendment to Section 105.1 2) is proposed to add the words and Township Streamside Protection Bylaw No. 4485 as amended; after the words of this Bylaw. (5) 11. To clarify the application of a requirement for parking stalls to be increased in width when they are adjacent to a structure or fence along their side, an amendment is proposed to Design Criteria - Section 107.5 2). The revised section is proposed to be read as follows: When a parking stall adjoins a fence or structure over 0.3 metres in height along its side, the width of the parking stall shall be increased by 0.3 metres for each such fence or structure in addition to the width stipulated above. (6.b.i) 12. Currently there is no Zoning Bylaw requirement for institutional developments to provide a specific type of parking surface. An amendment is proposed to require institutional developments to provide the same type of parking surfaces (asphalt, concrete or other dust free material) as required for industrial developments, by adding the words and Institutional (P) after the words For all Industrial (M) in section 107.5 5). (6.b.ii) 13. Currently there is no specific provision regarding the proportion of visitor parking that may be provided as small car parking in residential comprehensive development zones. A reference to RM zones that was previously grouped with commercial and industrial zones is also being relocated into this new section. The new section 107.5 7) is proposed to read as follows: In the RM and Residential Comprehensive Development Zones a maximum of 20% of the required visitor parking stalls may be designated for small car parking, subject to all small car parking stalls being 90 o, having a minimum size of 2.44 metres by 4.88 metres and being clearly signed for small cars only. (6.b.iii, 6.b.iv)
ZONING BYLAW 2015 UPDATE Page 6... 14. In order to implement a July 14, 2014 Council resolution extending the dates an RV is permitted to park in driveways of residential properties, an amendment to Section 107.6 2) is proposed to revise the dates (currently May 15 through September 15) to May 1 through September 30. (6.c) 15. To clarify the requirements for off-street loading in commercial, industrial and commercial greenhouse developments, revisions are proposed to Section 107.8 Required Off-Street Loading Facilities. The revised section is proposed to read as follows: Required Off-Street Loading Facilities 107.8 1) Commercial and Industrial uses and commercial greenhouses shall provide one off-street loading space for every building having a gross floor area of 500 m 2 or greater. Where overhead loading doors are provided on the building, off-street loading space shall be provided adjacent to each overhead loading door of the building. Where no overhead loading door is provided, off-street loading space shall be provided in a location adjacent to the shipping and receiving doors or main entry doors of the building. 2) Off-street loading spaces shall not be considered as off-street parking spaces for the purposes of calculating the parking spaces required under this Bylaw. 3) Loading areas shall be designed to ensure that the loading of vehicles shall remain entirely within the loading space and not result in vehicles backing onto a highway. (6.d.i, 6.d.ii, 6.d.iii, 6.d.iv) 16. To be consistent with current terminology and areas of responsibility, the words Parks Design and Development are proposed to be replaced with the words Green Infrastructure Services in Section 111.5 2) Child Friendly Amenity Area. (7) 17. To be consistent with current terminology the words Western Agricultural Labour Initiative (W.A.L.I.) are proposed to be replaced with the words BC Agriculture Council in Section 201.5 Migrant Agricultural Worker Accommodation. (8) 18. Group childrens day care is currently listed as a permitted use in several Rural and Suburban Residential zones. Given the potential impacts (traffic, servicing) of large day care operations on such areas, the use is proposed to be removed from the zones. This amendment will require future potential group childrens day care proposals to be evaluated through a rezoning process. Smaller scale family day care operations (up to eight children) will continue to be permitted in these zones under the accessory home occupation provisions. (9)
ZONING BYLAW 2015 UPDATE Page 7... 19. Accessory buildings larger than 80 m 2 in Suburban Residential SR-1 and SR-2 zones are currently permitted to be located 1.5 metres from side and rear property lines. It is proposed to increase the setback requirements of accessory buildings that are larger than 80 m 2 to 3.0 metres to move larger accessory buildings away from property lines and mitigate potential obtrusiveness. (10.a, 10.b) 20. Houses in Residential Compact Lot Zones R-CL(A) and R-CL(B) are being constructed with the rear wall at the minimum setback of 6.0 metres. The main living level of houses is frequently constructed without a direct access for a stair or landing from the interior of the home to the back yard. Decks have been constructed without permits by home owners and developers, resulting in encroachments into the rear yard setback. In order to allow for direct access to the backyard, it is proposed to revise the Zoning Bylaw to accommodate a small stair and landing projection into the rear yard setback. This will also ensure that these projections can be inspected by Township staff as part of the building permit process. A footnote is proposed to be added to the setback sections of the R-CL(A) and R-CL(B) Zones as follows: (10) For a front loaded lot, where a stair and landing, providing access to the rear yard from the first storey projects beyond the rear face of the building, the minimum distance to the rear lot line may be reduced by not more than 1.2 metres, providing that the stair landing projecting into the setback does not exceed an area of 1.5 square metres and that such reduction shall only apply to the rear stair and landing. (12.b, 12.c) A further amendment is proposed to add a section to the zones to ensure that access to the back yard is constructed at time of building permit to ensure the projections are inspected. The sections are proposed to read as follows: Access to the rear yard shall be provided from the first storey either directly or by stairs. (12.d) 21. Residential R-2 zones permit either one single family home or one two-family dwelling on a lot. The subdivision requirements section of the Zoning Bylaw notes that where a lot is 557.4m 2 or greater, a two-family dwelling is permitted. The residential uses section of the Zoning Bylaw notes that one single family dwelling or a two-family dwelling is permitted on a lot, but does not note the minimum lot size requirement for a two-family dwelling. To provide consistency between the two sections the following is proposed to be added to the residential uses section: Where a lot is less than 557.4 m 2 no more than one single family dwelling is permitted on any one lot. (12.e) 22. To provide consistency with other industrial zones an additional section is proposed to be added to Heavy Industrial Zone M-3 to allow for a 0 metre building setback on a side lot line. The following is proposed to be added to the setbacks section of the zone: No setback is required from an interior rear or interior side lot line abutting an M or C zone; (14.e) A further amendment is proposed to various industrial (M) zones to add specific setbacks from rural (RU) zoned properties. (14.b)
ZONING BYLAW 2015 UPDATE Page 8... 23. An amendment to three industrial zones (M-3, M-4 and M-13) is proposed to delete a provision which references a section no longer contained in the Zoning Bylaw as a result of a previous revision to the Zoning Bylaw. (14.f) 24. There is currently no height or density restriction for seniors housing in the Institutional P-1 zones. A height provision is proposed to be added to the bylaw to limit the height of seniors housing facilities. The revision is proposed read as follows: Height of Buildings and Structures Except as provided for in Section 104.5 the height of buildings and structures shall not exceed 15 metres nor 4 storeys for seniors housing (15) 25. The Comprehensive Development CD-4 zone includes a Floor Space Ratio limit for all buildings and structures on a lot. The inclusion of a Floor Space Ratio provision is not consistent with the approach used in other single family residential zones. Section 904.4 which outlines Floor Space Ratio limitations is proposed to be deleted from the Zoning Bylaw and subsequent sections renumbered accordingly. (16, 17) 26. The Comprehensive Development CD-14 zone allows service industrial uses as prescribed in the M-1A and M-1B zones with the exception of uses related to vehicles. The uses that are not permitted in the zone are listed with the exception of parking of commercial vehicles. It is proposed to add parking of commercial vehicles to the list of uses not permitted in the zone. (18) POLICY CONSIDERATIONS: It is recommended that Council give first and second reading to Bylaw No. 5109 and that staff be authorized to schedule the required public hearing. Respectfully submitted, Robert Knall MANAGER, DEVELOPMENT PLANNING for COMMUNITY DEVELOPMENT DIVISION RK/CM This report has been prepared in consultation with the following listed departments. CONCURRENCES Division / Department BYLAWS Name B. Storie