July 8, 1998

To:North York Community Council

From:Bryan W. Tuckey, Acting Commissioner of Planning

Subject:SITE SPECIFIC BYLAWS STUDY

All North York Community Council Wards

UD43-SSB

Purpose:

This is an information report to update the Community Council on progress in the Site Specific Bylaw Study, and to list the principles that are guiding the review and forthcoming recommendations for each site specific bylaw remaining in effect in North York.

Source of Funds:Not Applicable

Recommendations:

It is recommended that the North York Community Council receive this report for information.

Background:

The review and consolidation of site specific bylaws has been a central and critical part of North York's ongoing Zoning Bylaw Review, and is in the approved 1998 work plan. From the time zoning was first used in North York, there have been approximately 2,700 site specific bylaws enacted; and some from as early as the 1920's are still in effect. We have managed to reduce the number of site specific bylaws that remain in effect to about 1,200.

In 1992, North York City Council amended the City's comprehensive Zoning Bylaw No. 7625 by establishing Section 64, the Exceptions Section, to ensure that all specific zoning provisions for individual sites or areas are consolidated in a single, authoritative document. It is important to consolidate zoning requirements in one authoritative and complete reference to improve customer service, make better use of staff time and resources, and reduce legal liability on the part of the City.

• Having a fully consolidated zoning bylaw enhances customer service and reduces time commitments on the part of staff, as all relevant rules will be readily accessible with the main zoning bylaw and easier to interpret.

• Ensuring that the various zoning regulations applying to different development sites are written in a consistent manner enhances the ability of staff and the public to interpret those rules, making the City's decisions on permits less likely to be subject to legal challenges.

• With all specific regulations being consolidated as "exceptions" to the main bylaw, they can be kept up-to-date as the comprehensive zoning evolves (ie., as new zone categories and standards are established).

• Consolidating the site specific rules will enable staff to eliminate the legal complications that would otherwise arise when old site specific bylaws refer to parts of the main bylaw that have been deleted, or that have been changed to mean something different than they meant at the time the specific bylaws were passed.

The Zoning Bylaw Review program has already cleaned up several hundred site specific bylaws. Last year, for example, the Industrial Zoning Review dealt with the site specific bylaws in all of North York's industrial areas, leading to the repeal of 249 old bylaws and the consolidation of the regulations for 88 of these into the comprehensive bylaw.

Discussion:

The general objective of the Site Specific Bylaw Study is to review each remaining site specific zoning bylaw in the North York Community to determine whether it should be consolidated into the comprehensive bylaw as an exception, or whether it should be eliminated. This study is not intended to remove substantive zoning rights, nor establish new zoning rights; and it is not intended to cause many existing uses to become non-conforming.

The following principles are being used by staff to guide the review and recommendations for each site specific bylaw, and are generally the same as in the Industrial Zoning Review adopted last year.

Principle 1 -If a site specific bylaw is obsolete because the use permitted is now permitted as-of-right in the parent zone, it should be repealed;

Principle 2 -If a site specific bylaw is obsolete because it sets out development standards that are now consistent with the standard provisions of the parent zone, it should be repealed;

Principle 3 -If a site specific bylaw is no longer required because it imposed conditions which were to have been fulfilled before or at the time of construction, it should be repealed;

Principle 4 -If a site specific bylaw was passed in order to permit a use that is not now located on the site, and the use that does exist on the site is permitted as-of-right in the parent zone, it should be repealed; and

Principle 5 -If a site specific bylaw does not fit into any of the above situations, incorporation as an Exception in the comprehensive Zoning Bylaw should be considered, at which time the old site specific bylaw should be repealed.

After reviewing each bylaw, staff will advise whether the specific bylaw could be deleted outright, or whether its provisions should be re-adopted in the format of an exception, with modern language and in the context of today's framework of zones. If a site specific permission now would fit in with a different standard category then rezoning to another zone designation may also be considered.

As part of this project, the existing provisions for most of the general zone categories in the comprehensive bylaw will be reformatted in accordance with the mandate established by North York Council as part of the Zoning Bylaw Review work program. This modern format has already been used in the new Industrial zones, as well as the R-A, R6 and R7 zones. The reformatting is needed to ensure any cross-references in new Exceptions refer accurately to the relevant section in the general zone being excepted (ie., "despite subsection 53(2)(a), the only permitted use shall be ...").

No changes in substance will be made in the 'parent' zones. A Table of Concordance will be provided with a report tabling the new format of those general zone provisions remaining in the old style, to show the new location of every general regulation affected by the change in format.

The study will result in a complete consolidation of the zoning regulations that now apply to all lands in the North York Community, which can then be considered for adoption as a bylaw amendment by Council. The consolidation work will complete a major component of North York's Zoning Bylaw Review program. The component of the Zoning Bylaw Review program to establish a modern format for the document will also be close to completion.

Consultation:

Charts will be prepared identifying and briefly describing the site specific bylaws that are still in effect in each ward. These tables will include a preliminary evaluation for each bylaw, based on the principles cited above. One or more 'open houses' will be held for public information and feedback.

The owners of the sites affected by the respective bylaws will be advised of this study, and invited to provide comments. Advance notice of the open house(s) and any statutory public meetings will be published in newspaper(s), and will be mailed to the owners.

Conclusions:

It is important to consolidate zoning requirements in one authoritative and complete reference to improve customer service, make better use of staff time and resources, and reduce legal liability on the part of the City. The review and consolidation of site specific bylaws has been a central and critical part of North York's Zoning Bylaw Review work plan. There are approximately 1,200 that remain in effect in the North York Community.

The principles being used to guide the review and recommendations for each site specific bylaw reflect the established practice followed in North York to date. This is a technical review that is intended to remove obsolete bylaws from the books, and ensure consistency with today's zoning framework in North York, without altering substantive rights based on approved land use policy.

Contact:

Alan Theobald, Senior Planner

Phone: 395-7166

Fax: 395-7155