Notice of Decision Housekeeping Zoning By-law Amendment

NOTICE OF THE PASSING OF ZONING BY-LAW AMENDMENT

Housekeeping

(File No. AM-08-2023)

TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-Law No. 13 (2024) on March 6, 2024, being a by-law which amends Zoning By-law No. 4481 (2022), as amended, under Section 34 of the Planning Act, R.S.O. 1990, as amended.

AND FURTHER TAKE NOTICE that the applicant, a person or public body who before the by-law was passed made oral submissions at the public meeting or written submissions to Council, or the Minister may appeal to the Ontario Land Tribunal (OLT) in respect of the by-law by filing an appeal with the Clerk of the Corporation of the Town of Pelham not later than Wednesday, March 27, 2024 at 4:30 p.m. A completed "Appellant Form (A1) Planning Act" which must include the reasons for the appeal together with a certified cheque for $1,100.00 payable to the Minister of Finance. An Appellant may request a reduction of the filing fee to $400, if the Appellant is a private citizen or eligible community group.  The request for a reduction in the fee must be made at the time of filing the appeal. Please use the OLT Request for Fee Reduction Form.

The Appellant Form (A1) is on the Service Ontario website. Only the applicant, a person or public body who before the by-law was passed made oral submissions at the public meeting or written submissions to Council, or the Minister may appeal the Zoning By-law amendment to the OLT. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. No person or public body shall be added as a party to the hearing of the appeal unless before the by-law is passed the person or public body made oral submissions at the public meeting or written submissions to Council, or in the opinion of the OLT, there are reasonable grounds to add the person or public body as a party. An Appellant Form (A1) may not be filed by an unincorporated association or group. However, an Appellant Form (A1) may be filed in the name of an individual who is a member of the association or the group.

Planning staff’s recommendation report was presented to Council on February 21, 2024. The report can be found online at https://events.pelham.ca/meetings.

The explanation of the purpose and effect of the by-law is attached. The complete by-law is available for public review by request via email or at the Town of Pelham Municipal Office, Community Planning & Development Department, located at 20 Pelham Town Square, Fonthill, between the hours of 8:30 am and 4:30 pm.

DATED at the Town of Pelham, this 7th day of March, 2024. WILLIAM TIGERT – TOWN CLERK

EXPLANATION OF THE PURPOSE AND EFFECT OF ZONING BY-LAW AMENDMENT (BY-LAW NO. 13 (2023))

ZONING BY-LAW AMENDMENT - BY-LAW 13 (2023) is a By-law to amend Zoning By-law 4481(2022), as amended, to Regulate the Use of Land, Buildings and Structures within the Town (Zoning By-law) to Update Provisions based on an Administrative Review (Housekeeping Amendments).

The Town of Pelham has initiated a Zoning By-law Amendment to address several housekeeping items that have been identified as being needed to be addressed in the Comprehensive Zoning By-law 4481 (2022). Changes were made to:

Section 2: Definitions

• Rewording of some definitions to clarify meaning of certain terms;
• Introduction of new definitions to clarify or describe uses and terms within the by-law.

Section 3: General Provisions

• Minor amendments to several sections to improve clarity and provide consistency.

Section 4: Parking

• Reduction in the minimum dimensions of a tandem parking spaces to provide consistency;
• Reduction in requirements for commercial greenhouse parking to better align with the use;
• Reduction in the number of bicycle parking spaces required for apartment units to better align with the use.

Sections 5 through 8: Agricultural, Residential, Greenfield and Commercial Zones

• Modifications to clarify some setback and height requirements.

Section 9: Other Zones

• Modifications to the permitted uses within the EP2 and EP3 Zone to align with the Town’s Official Plan; and
• Modifications to the apartment regulations within the Institutional Zone