We understand the province’s…

We understand the province’s intention to streamline the development review and approval process and address common causes of applications that can extend the development review timeline.

The proposed regulation would appear to increase flexibility and facilitate more development, however it may have a very limited impact on the volume of planning applications: Of the last 250 zoning and variance applications that Bruce County has processed on behalf of local municipalities, only one sought variance(s) of less than 10% from the zoning by-law; this application was not for a parcel of ‘urban residential land’ as it was a privately serviced property near a shoreline.

Local Municipalities in Bruce County have been reviewing and updating zoning provisions to provide opportunities for development ‘as-of-right.’ Provincial override provisions will increase the administrative responsibilities for zoning administrators.

If the province does proceed with regulations that establish percentage-based variances as-of-right, we would suggest consideration of:
• Applying the regulation to parcels of urban residential land that are within the greenbelt plan; this would allow for uniform application in communities like Wiarton, of which part is within the Niagara Escarpment Plan (NEP) and part outside of the NEP;
• Applying the regulation to other residential lots within settlement areas (e.g. not limiting application to fully-serviced lots) while maintaining important setbacks from conflicting uses;
• Applying the regulation where development is permitted in or adjacent to hazard and shoreline areas, but not where the setback to the hazards/water body would be decreased;
• Applying a similar provision to height, to some maximum threshold that would be consistent with municipal firefighting capacity that reflects rural and urban contexts;
• Not using regulations to permit as-of-right increases for lot coverage, as these could result in significant cumulative impacts to stormwater management infrastructure;
• Potential implications for legal non-conforming uses, currently regulated under Sections 34 (9) and (10) and 45 (2) of the Planning Act;
• Setbacks that would be included in the regulation; for example could it be interpreted to include:
o Permitted encroachments into required yard setbacks (chimneys, eaves, decks, etc)
o Lot line setbacks for Sight Triangles
o Lot line setbacks to Arterial roads setbacks
o Lot line setbacks adjacent to provincial highways
o Setbacks from driveways or parking areas to lot lines
o Primary vs accessory buildings
o Buildings with one or more residential units or any buildings on lands that permit residential uses as a primary use
o Setbacks from lot lines between urban residential land and industrial or other incompatible uses in accordance with provincial guidelines
• Safety factors for separating buildings under 15 square metres that are not regulated by the OBC
• Applying the regulations only to by-laws passed prior to the date the regulation comes into force and effect, and/or providing that Councils may readily amend by-laws to reflect the regulations that are in effect and note as such, as this would increase transparency for the public regarding applicable setbacks to various properties.
• Application of the regulation to areas within community planning permit systems, which may have their own variance permitting functions.

The Bill 17 Technical Briefing indicates further plans to “consult with municipalities on proposed legislation/regulatory changes needed to establish simplified, standardized and inclusive designations … that would be more predictable and faster for developers and approvers, especially if coupled with moving toward a permit-based system for zoning.” Application of as-of-right exemptions to these by-laws may affect the business case for investing in these systems.

We appreciate the interest of the province in streamlining approval processes, and understand the appeal of making system-wide changes that can support swift implementation. We encourage the province to consult further with municipalities on zoning reforms to support their clear and effective implementation.