ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA08-001, REVISING ONTARIO MUNICIPAL CODE TITLE 9 (DEVELOPMENT CODE), CHAPTER 1 (ZONING AND LAND USE REQUIREMENTS), ARTICLES 4 (GENERAL ADMINISTRATION), 7 (NONCONFORMING USES, STRUCTURES, SITES AND SIGNS), 13 (LAND USE AND REQUIREMENTS), 14 (RESIDENTIAL DISTRICTS) AND 22 (PLANNED RESIDENTIAL DEVELOPMENTS (PRD)).

SUBJECT:

AN ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA08-001, REVISING ONTARIO MUNICIPAL CODE TITLE 9 (DEVELOPMENT CODE), CHAPTER 1 (ZONING AND LAND USE REQUIREMENTS), ARTICLES 4 (GENERAL ADMINISTRATION), 7 (NONCONFORMING USES, STRUCTURES, SITES AND SIGNS), 13 (LAND USE AND REQUIREMENTS), 14 (RESIDENTIAL DISTRICTS) AND 22 (PLANNED RESIDENTIAL DEVELOPMENTS (PRD)).

RECOMMENDATION: That the City Council take final action on File No. PDCA08-001 by adopting the attached ordinance.

COUNCIL GOALS: Invest in the Growth and Evolution of the City’s Economy

• Regularly review Ontario’s Municipal Code for negative impacts on business and make appropriate revisions.

FISCAL IMPACT: None.

BACKGROUND: At the meeting of December 16, 2008 the City Council introduced the Ordinance to approve File No. PDCA08-001, an Ordinance to approve a Development Code Amendment revising Ontario Municipal Code Title 9 (Development Code), Chapter 1 (Zoning and Land Use Requirements), Articles 4 (General Administration), 7 (Nonconforming Uses, Structures, Sites and Signs), 13 (Land Use and Requirements), 14 (Residential Districts) and 22 (Planned Residential Developments (PRD)).

It is a goal of the City Council that the City's Municipal Code be regularly reviewed for negative impacts on business and appropriate revisions are made to eliminate and/or minimize identified impacts. To this end, the Planning Department has initiated periodic revisions to the Development Code to clarify language, remove inconsistencies, correct inappropriate standards, streamline permit processing and issuance, and make it easier for the user to find and understand regulations and information contained within the Code.

The last comprehensive update of the Development Code was completed in 2003. However, over the past five years, there have been numerous amendments addressing specific issues such as billboards, transitional housing, Town Center Planned Unit Development Overlay District, relocation of existing non-conforming uses within the Town Center area, mobile paint and body repair services, medical marijuana dispensaries, senior citizen housing and alcoholic beverage sales.

In an effort to further clarify regulations, remove inconsistencies and aid business within the City by serving to further streamline the City's development and land use approval processes, the Planning Department has undertaken a comprehensive review of all current Development Code provisions. Thus far, certain necessary changes have been identified for Articles 4 (General Administration), 7 (Nonconforming Uses, Structures, Sites and Signs), 13 (Land Use and Special Requirements), 14 (Residential Districts) and 22 (Planned Residential Developments (PRD)), which were brought forward for City Council consideration at the meeting of December 16, 2008 in which the City Council introduced an Ordinance to approve File No. PDCA08-001. Notable changes generally include:

• Major format and phrasing changes that will make each Article easier for City staff, businesses and residents to interpret, comprehend and apply;
• Consolidation and clarification of development standards, making it easier to identify land use and development standards that would be applicable to each zoning district;
• Elimination of duplicative provisions and internal inconsistencies; 
• Codification of City policies and determinations established over the past 5 years, since the last comprehensive Development Code update; and
• Incorporation of recent changes in state planning, zoning and development law.

STAFF MEMBER PRESENTING: Jerry L. Blum, Planning Director