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To the New City of Brockville Zoning By-Law

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To the New City of Brockville Zoning By-Law BROCKVILLE FREQUENTLY ASKED QUESTIONS | SUMMARY OF CHANGES | HOW TO USE THE NEW ZONING BY-LAW GUIDE TO THE NEW CITY OF BROCKVILLE ZONING BY-LAW FEBRUARY 2014 TABLE OF CONTENTS FREQUENTLY ASKED What is a Zoning By-law? . 2 QUESTIONS Why is the City updating its Zoning By-law? . 2 What is the City of Brockville’s Official Plan? . 2 What does the City’s Official Plan say about the P .2 Zoning By-law? . 2 How does the City enforce and implement its Zoning By-law? 3 How will the Zoning By-law update affect me? . 4 HOW HAS THE What if my zoning did change? Will the buildings and the use of my property continue to be legal? . 4 ZONING BY-LAW Have you recently applied for or received approval for a CHANGED? planning application or building permit? . 4 Modernized, expanded definitions . 7 P .5 Improved format and organization . 8 Special provisions and design requirements for the Downtown and Central Waterfront Area – New Schedule “B” . 9 HOW DO I New zones for future neighbourhoods . 10 USE THE NEW Other changes to the Zoning Map (Schedule “A”) . 11 ZONING BY-LAW? Structure of the Zoning By-law . 12 How to check your zoning and identify P .12 Applicable Regulations . 13 HOW DO I How do I provide input on the Draft Zoning By-law? . 18 PROVIDE INPUT ON THE DRAFT ZONING BY-LAW P .18 FREQUENTLY ASKED QUESTIONS WHY IS THE CITY UPDATING ITS ZONING BY-LAW? The City is updating its Zoning By-law because the City’s new Official Plan has been WHAT IS A ZONING approved and is now in-effect . Following the preparation of a new Official Plan, it BY-LAW? is considered good planning practice to review and update the Zoning by-law to A Zoning By-law is a detailed, ensure conformity with the new Official Plan . comprehensive, municipally- administered by-law that WHAT IS THE CITY OF BROCKVILLE’S OFFICIAL PLAN? regulates the use of land, The Brockville Official Plan is a document that buildings and structures, as outlines the City’s land use planning goals, well as the character, location, objectives and policies . Decisions by Council height, volume, density and area respecting land use planning matters must of buildings and structures . The “conform” to the policies of the Official Plan . The types of regulations that the City Official Plan contains schedules that illustrate may establish in a Zoning By-law the planned land use structure for the City . For are outlined under Section 34 of each land use designation, there are policies that the Planning Act . outline the types of land uses permitted, and the form and character of buildings and structures . The Zoning By-law applies to all properties in the City of Brockville . WHAT DOES THE CITY’S OFFICIAL Each property in Brockville is PLAN SAY ABOUT THE ZONING BY-LAW? zoned a specific “Zone Category” on the Zoning By-law’s maps . The Official Plan makes numerous references to the City’s Zoning By-law (over Each Zone Category is associated 100!) . This is because the Zoning By-law is considered to be the primary means of with a set of permitted uses implementing the Official Plan . There are many instances where the Official Plan and requirements respecting directs that detailed standards be developed in the Zoning By-law to implement the location, dimensions, height the intent of the Official Plan’s policies . For example, the Official Plan directs that and other attributes of buildings detailed standards for home occupations be included in the Zoning By-law . and structures . The uses and lot and building requirements The Ontario Planning Act requires that the Zoning By-law conform to the policies are different in every zone . In of the Official Plan . As noted previously, the Official Plan broadly outlines permitted addition, the Zoning By-law uses, building heights and characteristics of buildings . By contrast, the Zoning By- includes General Provisions that law details the specific uses, and the location and form of buildings and structures apply to all zones . The Zoning By- on a property-by-property basis . The uses permitted in the Zoning By-law, as well law is supported by definitions to as standards for built form, must be in conformity with the Official Plan . This could ensure that terms used in the By- mean that changes to the uses permitted in the Zoning By-law or the lot and law are interpreted consistently . building requirements may be required to bring the Zoning By-law into conformity with the Official Plan . However, conformity does not mean that the Zoning By-law has to be precisely the same as the policies and land use structure of the Official Plan, since the Official Plan is intended to be high-level . FREQUENTLY ASKED QUESTIONS FREQUENTLY HOW DOES THE CITY ENFORCE AND IMPLEMENT ITS ZONING BY-LAW? When an individual applies for a building permit, City Applications for minor variances are to provide staff are required to ensure that the proposed project minor relief from the Zoning By-law’s requirements . complies with the Zoning by-law . If a project does not A Zoning By-law Amendment is required where the comply with the Zoning By-law, the building permit relief being sought is not considered to be minor . cannot be issued . An individual may seek a minor Applications for minor variances are considered by the variance or Zoning By-law Amendment to bring their Committee of Adjustment, whereas applications for project into compliance with the Zoning By-law . If Zoning By-law Amendments are considered by Council the minor variance or Zoning By-law Amendment is acting on the advice of the Economic Development approved, the building permit may be granted . Planning Committee . Owner City checks the proposed City can issue a Building Permit applies for use, building or structure for (subject to any other approvals, permits a Building compliance with the Zoning or requirements being satisfied, as may Permit By-law be applicable) Proposed use, building or structure complies with the Zoning By-law Proposed use, ✖ building or structure does not comply with the Zoning By-law Applicant may revise their If only minor relief Minor variance application to is required, owner or Zoning By-law Appeal is comply with the can apply for a minor Amendment is successful Zoning By-law variance approved and reapply for a building permit If relief from the Minor variance ✖ Zoning By-law is not or Zoning By-law Applicant minor, applicant can Amendment may appeal apply for a Zoning By- application is not law Amendment approved ✖ Applicant does Appeal is not appeal not successful 2 | 3 HOW WILL THE ZONING BY-LAW UPDATE recognize any legally existing uses, buildings or structures . AFFECT ME? In other words, if you legally established your use, building or structure under a former zoning by-law, it will continue to The zoning and development entitlement for the great be legal . This is sometimes referred to as ‘grandfathering ’. majority of properties are unchanged in the new Zoning However, the construction of a new addition or further By-law . This means that in most cases, the uses that are encroachment into a required yard that you no longer comply permitted on your property today will continue to be with will require a minor variance from the Committee of permitted when the new Zoning By-law comes into effect . Adjustment . Uses that are no longer permitted by the new The lot and building requirements applicable to your property Zoning By-law but were established legally are referred to as today will also remain unchanged for most property owners . “legal non-conforming uses ”. Buildings and structures that no longer meet the building and lot requirements of the new WHAT IF MY ZONING DID CHANGE? WILL Zoning By-law but were established legally are referred to as THE BUILDINGS AND THE USE OF MY “legal non-complying uses ”. PROPERTY CONTINUE TO BE LEGAL? If the permitted uses, lot or building requirements applicable to your property have changed, the Zoning By-law will HAVE YOU RECENTLY APPLIED FOR A PLANNING APPROVAL, BUILDING PERMIT OR RECEIVED A RECENT APPROVAL FOR A PLANNING APPLICATION OR BUILDING PERMIT? I have recently received your recent planning approval and how into effect, any applications for building approval for a building it will be affected by the new Zoning permits or planning approvals will be permit, minor variance, By-law, please contact the City . considered under the requirements of consent or other planning the new Zoning By-law (subject to any approval. How will the new I have recently applied for appeal periods) . Zoning By-law affect me? a building permit, minor variance, consent or other I have recently received If you have recently received planning approval. How will approval for a Zoning By-law approval for a minor variance, the new Zoning By-law affect amendment. How will the consent (severance), site plan, plan my application? new Zoning By-law affect me? of subdivision or other planning approval, the new Zoning By-law . The If you have made an application for a Most of the site-specific exceptions new Zoning By-law contains transition building permit or a planning approval, passed under Zoning By-law 194-94 provisions that will recognize all such as a minor variance, consent, are being carried forward into the new planning approvals made under Zoning site plan or plan of subdivision, prior Zoning By-law . This will mean that By-law 194-94 for three years after the to the enactment of the new Zoning uses, buildings and structures legally new Zoning By-law is approved .
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