PROPOSED HOUSEKEEPING AMENDMENTS TO … · Tom Villella, MCIP, RPP Neighbourhood Planner Original signed Rino Mostacci, MCIP, RPP Director of Community and Development Services Original

Town of Fort Erie Community and Development Services Our Focus: Your Future

Prepared for Council-in-Committee Report No. CDS-106-07 Agenda Date December 3, 2007 File No. 350309-0264 Subject PROPOSED HOUSEKEEPING AMENDMENTS TO COMPREHENSIVE ZONING BY-LAW 129-90 Summary of Recommendation THAT a by-law be submitted to Council to implement the Housekeeping

Amendments to Comprehensive Zoning By-law 129-90, as outlined in Report CDS-106-07.

Relation to Council’s 2007-2010 Corporate Strategic Plan Priority: Development and Land Use Goal: Not applicable Initiative: Not applicable List of Stakeholders All residents and business owners in the Town of Fort Erie Prepared by:

Submitted by: Approved by:

Original signed Tom Villella, MCIP, RPP Neighbourhood Planner

Original signed Rino Mostacci, MCIP, RPP Director of Community and Development Services

Original signed Harry Schlange, MBA Chief Administrative Officer

Community and Development Services Page 2 of 6 Report No. CDS-106-07 Purpose of Report The purpose of this report is to provide recommendations on 43 modifications (housekeeping amendments) to Town of Fort Erie Comprehensive Zoning By-law 129-90, which are intended to refine the By-law by including new definitions, grammatical changes, new regulations and updates to the zoning maps. Background Since the passage of Zoning By-law 129-90, Staff continuously monitors it for opportunities to improve the regulations and provisions. As well, the Town Building Department (as well as other departments, agencies and ratepayers) occasionally make suggestions to Staff for by-law improvements. These are then discussed at the Staff level and, if warranted, are brought forward to Council for consideration. In the past, general housekeeping amendments were only done once every few years, and the list of required amendments was sometimes substantial. Staff now bring housekeeping amendments to Council on a regular basis (annually) to keep the zoning by-law current, relevant and manageable. Analysis This housekeeping amendment to Town of Fort Erie Comprehensive Zoning By-law 129-90 is intended to make the zoning by-law more user-friendly, and to introduce some new zone regulations, uses, and definitions. The 43 proposed amendments may be split into four broad categories as follows: Definitions An examination of the zoning by-law has revealed a need to update some existing definitions in Section 5, to provide clearer meaning and understanding. There are five (5) such proposed amendments, as shown on the attached Appendix “1”. These include new or expanded definitions for:

• Eating establishments • Finished grade • Kennels • Lot coverage • Pet Day Care Establishments

One definition (“coverage”) is proposed to be deleted, as there is also a definition of “lot coverage” in the by-law, which will suffice. Grammatical and Spelling Amendments An examination of the zoning by-law sometimes reveals grammatical, typographical or spelling errors, which are then corrected through this exercise. This also includes renumbering of sections where it is deemed necessary due to other changes to the by-law. There is one such proposed amendment, as shown on the attached Appendix “1”

Community and Development Services Page 3 of 6 Report No. CDS-106-07 New Regulations Through use of the by-law, and in consultation with the public and other agencies, Staff have identified some instances where new and/or revised by-law regulations are warranted, due to ambiguity in existing regulations, conflict with other by-law regulations, or an absence of regulations for newly contemplated uses. There are a total of twenty-nine (29) such proposed amendments, as shown on the attached Appendix “1”. Some of the major amendments proposed to Section 6 include: “Pet Day Care Establishments” – Staff proposes that this new use be included in the zoning by-law due to public inquiries received in 2007. This use is currently not specifically mentioned in the zoning by-law. Staff proposes that these establishments be permitted in zones that currently permit a “kennel”, “animal hospital/shelter” and/or a “veterinary hospital”. These establishments would be distinctive from boarding kennels in that they would operate only between the hours of 7:00 am and 8:00 pm, and the maximum number of pets would be limited to ten (10). Minimum setbacks from residential zones and uses are proposed as well. Since the publication of the original draft by-law, some minor wording changes have been made for clarification purposes, based on comments received. These changes clarify that in the case of an establishment containing an outdoor run, that it is the “outdoor run” which is required to be a minimum of 150m from the nearest residential dwelling, and not the enclosed portion of the establishment (see chart below). However, in all cases the enclosed portion of the establishment may be located no closer than 150m to any residential zone, regardless of the presence or absence of an outdoor run. Changes were also made to clarify that the minimum distance separation does not apply to the dwelling unit occupied by the operator of the pet day care centre.

PET DAY CARE ESTABLISHMENT • WHOLLY ENCLOSED • NO OUTDOOR RUN

150m minimum distance to the nearest Residential Zone

Additionally, a 150m minimum distance

separation from the outdoor run to the nearest

Residential dwelling, regardless of the zone in which that dwelling is

PET DAY CARE ESTABLISHMENT • WITH AN OUTDOOR RUN

Community and Development Services Page 4 of 6 Report No. CDS-106-07 “Garage/Yard Sales” – There are currently no regulations in the zoning by-law specifically permitting garage sales or yard sales on residential properties, although the practice is widespread. The Clerk’s Department has requested that the zoning by-law be amended to specifically permit and regulate these activities. Staff proposes that they be permitted a maximum of four times in any calendar year (one-day events). “Yard Locations for Operating Machinery” – The proposed amendment to this section was requested by the Building Department, in order to permit air conditioning units to be located in side yards. Currently the setback regulations would not permit these units in a side yard on most urban residential lots. Due to the number of inquiries respecting this issue, Staff proposes that the setbacks be reduced in order to permit the units to be located in side yards. Site-Specific Zoning Amendments The following are the Site-specific zoning amendments proposed through this exercise. These amendments are the result of examination of the current property zoning and its relationship to the new and existing Official Plans, or are changes that Staff identified as otherwise being warranted from a planning perspective. Some of these amendments come at the request of a property owner, some at the request of departments and agencies, and some are planning staff initiated. The following are the seven (7) site-specific zoning amendments proposed:

• 29 Lewis St. – change from R2 to IN (change to an appropriate zoning for an existing industrial building, complies with Official Plan)

• 4621 Michener Rd – change from A to A-380 and A-381 (change in zoning to facilitate the transfer of

environmentally sensitive lands to the Nature Conservancy of Canada)

• Shagbark Recreation Area – change from I to OS (change to an appropriate zoning for a municipal park)

• 15789 Sodom Rd – change from A to I (change to an appropriate zoning for an existing church)

• 3285 Thunder Bay Rd – change from ND to R1 (complies with Official Plan, eliminates split zoning of

property)

• 61 Prospect Point Rd N – change from ND to R2 (existing dwelling, complies with Official Plan)

• 435 Burleigh Rd N – change from RU-219 to RU (remove “garden centre/nursery” from list of permitted uses, property is proposed to be used for residential purposes only)

Financial/Staffing Implications The proposed amendments are housekeeping in nature, and work is being performed in-house by Planning Department staff.

Community and Development Services Page 5 of 6 Report No. CDS-106-07 Policies Affecting Recommendation (s) Policies affecting the recommendation are contained in the Town’s Official Plan and Zoning By-law, as well as other applicable Provincial Regulations. Notification of the application to amend the Zoning By-law was provided in accordance with requirements of the Planning Act by placing an advertisement in the Fort Erie Times and Niagara Falls Review newspapers on Saturday, November 10, 2007. As well, notice was placed on the Town website. A full agency circulation was also conducted (mailing date of November 8, 2007). Comments from Relevant Departments/Community and Corporate Partners As of the preparation of this report no negative comments have been received from the agency circulation or the public, with the exception of the proposed regulations for “Pet Day Care Establishments”. Public Comments: Pet Day Care Establishments As of the writing of this report, Planning Staff has received three calls with respect to the proposed housekeeping amendments. The Clerk’s Department indicates that they have also received a number of inquiries. All of the inquiries received were related to the existing non-conforming pet day care establishment located at 4638 College Road, owned by Donald and Marcia McLean (see map attached as “Appendix 3”). The subject application was before the Committee of Adjustment for approval on August 29, 2007. The Committee denied the application, over concerns with respect to noise and proximity to abutting residential neighbours. In developing the pet day care regulations proposed in this zoning amendment, Staff conducted independent research and consulted a number of other municipalities for advice and comment. It appears that no local municipality in Niagara has yet tackled this issue, and most are relying on their “kennel” regulations. Few municipalities in Ontario have specific regulations for pet day care. It currently appears to be most popular in the western USA and Canada, however the industry is growing substantially (see article attached as Appendix 4). In 2007, Staff received three inquiries respecting “doggy daycare establishments”, prompting investigation into the issue. Staff proposes that a minimum separation distance of 150m be maintained between a pet day care establishment and a residential zone. In the case of a pet day care establishment that includes an outdoor run, Staff is further proposing that the run be located no closer than 150m to any residential dwelling unit on an abutting property, regardless of what zone the dwelling lies within. These regulations were arrived at in consultation with the Fort Erie SPCA, and are similar to the existing setback regulations for “Kennels” in the zoning by-law. A review of regulations used by other municipalities was also conducted. Some municipalities prohibit pet day care establishments altogether if they include outdoor runs. Others require setbacks of 300m (1000 feet) from nearest residential dwelling units. Staff believes that 150m is the minimum separation distance acceptable, considering the potential conflict between this proposed use and abutting residential uses.

Community and Development Services Page 6 of 6 Report No. CDS-106-07 Council may wish to consider a “site-specific zoning” for the McLean property, to allow its continued use as a pet day care establishment. Council should however be aware that the closest dwelling is 79.4m (260.5 ft) away from the outdoor run. There is sufficient room on the McLean property to relocate the outdoor run to a location that complies with the proposed zoning by-law regulations, however this may present a financial hardship for the operators (see map attached as Appendix 3). Alternatives As noted above, Council may wish to consider a “site-specific zoning” for the McLean property, to allow its continued use as a pet day care establishment despite the deficient setback from the nearest residence. Conclusion In order to permit the proposed housekeeping amendments to take effect, various sections of the Zoning By-law must be amended in accordance with the proposed By-law. Attachments Appendix “1” – Schedule of Proposed Housekeeping Amendments to By-law 129-90 Appendix “2” – Draft By-law Appendix “3” – Map of McLean and Young Properties – College Road Appendix “4” – Articles respecting Pet Day Care Establishments

TOWN OF FORT ERIE - ZONING BY-LAW 129-90 PROPOSED HOUSEKEEPING AMENDMENTSDECEMBER 2007

Amendment No Section Amendment Comments/Rationale

DEFINITIONS1 5.61 delete definition of "coverage" as it conflicts with other by-law sections (see explanatory notes) rely on definition of "lot coverage"

2 5.80 definition of "eating establishment" to include both "eat-in" and "take-out" restaurants, as well as "drive-in" and "drive-thru" restaurants (see explanatory notes) clarity of definition

3 5.92 new definition for "Finished Grade" clarity of definition

4 5.129 amend definition of "kennel" to clarify that it does not include "pet day care " clarification due to new definition and use "pet day care"

5 5.144 amend definition of "lot coverage" to include all "strucutres" as well as buildings clarity of definition

6 5.186.1 new definition "PET DAY CARE ESTABLISHMENT" new use in zoning by-law, requires a definition

7 5.186.2 renumbering of former 5.186.1 technical amendment

GENERAL PROVISIONS8 6.1(b) add the word "interior" side yard for clarity clarity of regulation

9 6.25 change "15m" to 30m" for setback from residential uses to funtioning railway right-of-way as per OMB order re File R060091 (appeal by CN Rail to By-law 57-06)

10 6.36 add garage/yard sales to list of permitted temporary uses - allowed to have a maximum of 4 one-day events per calendar year clarify the regulations for garage/yard sales

11 6.40(a) add "bay and bow windows" to list of permitted encroachments currently allowed under "ornamental structures", this will clarify that they may encroach 0.5m

12 6.40(h)(iv) change "5m" to "2m" - location of operating machinery current regulations dont permit air conditioning units to be located in most side yards

13 6.40(h)(iv) change "5m" to "0.5m" - location of operating machinery, also renumber section current regulations dont permit air conditioning units to be located in most side yards

14 6.50 (c) model homes in Draft Plans of Subdivision: allow all types of dwelling units to be model homes currently mentions only single detached and sem-detached dwellings

15 6.51(iii) change "60dBa" to "45dBa" to comply with MOE guidelines fro small wind farms as per comments from Region of Niagara

16 6.52 General Provisions - new regulations for "PET DAY CARE ESTABLISHMENT" add regulations governing Pet Day Care Establishments

ZONE REGULATIONS17 7.0 add Exceptions A-380 and A-381 to the list of EXCEPTIONS TO THE AGRICULTURAL (A) ZONE see Amendment No. 38 below

18 7.2 add "PET DAY CARE ESTABLISHMENT" to list of permitted uses in the Agricultural Zone new use

19 7.9 regulations for 'PET DAY CARE ESTABLISHMENT" refer to new Section 6.52

20 8.2 add 'PET DAY CARE ESTABLISHMENT" to list of permitted uses in the Rural Zone new use

21 8.9 regulations for'PET DAY CARE ESTABLISHMENT" refer to new Section 6.52

22 14.2 add "triplexes" to list of permitted uses not currently listed as a permitted use in multple residential zone

23 14.7 add" triplex" to regulations not currently listed as a permitted use in multple residential zone

24 20.2 add 'PET DAY CARE ESTABLISHMENT" to list of permitted uses in the C2 Commercial Zone new use


26 21.2 add 'PET DAY CARE ESTABLISHMENT" to list of permitted uses in the C2A Commercial Zone new use


28 22.2 add 'PET DAY CARE ESTABLISHMENT" to list of permitted uses in the C3 Highway Commercial Zone new use

APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-106-07 DECEMBER 3, 2007

TOWN OF FORT ERIE - ZONING BY-LAW 129-90 PROPOSED HOUSEKEEPING AMENDMENTSDECEMBER 2007


30 25.2 add 'PET DAY CARE ESTABLISHMENT" to list of permitted uses in the C6 Shopping Centre Commercial Zone new use


32 26.2 add 'PET DAY CARE ESTABLISHMENT", "KENNELS" and "VETERINARY ESTABLISHMENTS" to list of permitted uses in the C7 Rural Commercial Zone additional use in Rural Commercial Zone


34 26.7 regulations for "kennels" and "veterinary establisments" refer to Sec. 7.6

35 27.2 add 'PET DAY CARE ESTABLISHMENT" to list of permitted uses in the IN Industrial Zone new use


ZONING MAP AMENDMENTS37

Sch A-26 Zoning Map 29 Lewis Street, change zoning from Residential 2 (R2) to Industrial (IN) Zone historical use of property is Industrial, surrounding properties are zoned Industrial, new OP is Industrial

38Sch A-27 Zoning Map

4621 Michener Road, change zoning from Agricultural (A) to Agricultural (A-380) Zone to recognize a lot area of not less than 7.5 ha, and adjacent property from Agricultural (A) to Agricultural (A-381) Zone to allow the lands to only be used for the conservation of plant and wildlife.

Resulting from Rick Phillips sale of an environmentally sensitive portion of subject property to Nature Conservancy of Canada

39Sch A-28 Zoning Map Prospect Point Road North, north of Dominion Road (Shagbark Recreation Area) - change zoning from Institutional (I) to Open Space (OS) Zone change zoning to reflect pubic ownership and use (Town of Fort Erie Park)

40Sch A-29 Zoning Map 14789 Sodom Road, north of Netherby Rd - change zoning from Agricultural (A) to Institutional (I) Zone

change zoning to reflect the existing institutional use of the property as a church (lands are partially in Niagara Falls and partially in Fort Erie)

41Sch A-30 Zoning Map 3285 Thunder Bay Rd - change zoning from Neighbourhood Development (ND) to Residential 1 (R1) Zone change zoning to reflect existing and future use of property, eliminate split zoning

42Sch A-31 Zoning Map 61 Prospect Point Rd N - change zoning from Neighbourhood Development (ND) to Residential 2 (R2) Zone change zoning to reflect current residential use of property

43Sch A-32 Zoning Map 435 Burleigh Rd N - change zoning from Rural (RU-219) to Rural (RU) Zone change zoning to reflect use of property - residential lands severed from nursery centre to the north

The Municipal Corporation of the Town of Fort Erie BY-LAW NO. ___-07

BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 129-90 FOR THE CORPORATION OF THE TOWN OF FORT ERIE

FOR ALL LANDS WITHIN THE TOWN OF FORT ERIE

File No. 350309-0264 WHEREAS By-law No. 129-90, being the Comprehensive Zoning By-law for the Town of Fort Erie was passed on May 28, 1990; and WHEREAS By-law No. 123-03, being a comprehensive housekeeping amendment to Zoning By-law 129-90 was passed on June 16, 2003; and WHEREAS since that time municipal staff have been compiling a record of proposed improvements to the Zoning By-law; and WHEREAS The Council of the Town of Fort Erie deems it advisable to amend the Comprehensive Zoning By-law to provide administrative improvements to the Zoning By-law; and WHEREAS Section 34 Subsection 1 of the Planning Act R.S.O. 1990, c.P. 13 authorizes the Council of the Municipality to regulate the use of lands and the character, location and use of buildings and structures within the Municipality, and WHEREAS Section 34, Subsection 12 requires the Municipality before the passing of a by-law under this section of the Act to ensure that sufficient information is made available to the public to generally understand the zoning proposal and to hold a public meeting; and NOW THEREFORE The Municipal Council of The Corporation of The Town of Fort Erie hereby enacts as follows:

1. THAT Subsection 5.61 of Zoning By-law No. 129-90 is hereby amended by deleting it

in its entirety. 2. THAT Subsection 5.80 of Zoning By-law No. 129-90 is hereby repealed and replaced

with the “Schedule A-1” attached hereto.

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-106-07 DECEMBER 3, 2007

BY-LAW NO. ___-07 PAGE 2

3. THAT Subsection 5.92 of Zoning By-law No. 129-90 is hereby repealed and replaced with the “Schedule A-2” attached hereto.

4. THAT Subsection 5.129 of Zoning By-law No. 129-90 is hereby repealed and replaced

with the “Schedule A-3” attached hereto. 5. THAT Subsection 5.144 of Zoning By-law No. 129-90 is hereby repealed and replaced

with the “Schedule A-4” attached hereto. 6. THAT Subsection 5.186.1 of Zoning By-law No. 129-90 is hereby repealed and replaced

with the “Schedule A-5” attached hereto. 7. THAT Subsection 5.186.2 of Zoning By-law No. 129-90 is hereby added to Section 5 as

per the “Schedule A-6” attached hereto (renumbering). 8. THAT Section 6.1(b) of Zoning By-law No. 129-90 is hereby repealed and replaced with

the “Schedule A-7” attached hereto. 9. THAT Subsection 6.25 of Zoning By-law No. 129-90 is hereby repealed and replaced

with the “Schedule A-8” attached hereto. 10. THAT Subsection 6.36 of Zoning By-law No. 129-90 is hereby amended by adding new

regulations for GARAGE SALES AND YARD SALES as per the “Schedule A-9” attached hereto.

11. THAT Subsection 6.40(a) of Zoning By-law No. 129-90 is hereby repealed and replaced

with the “Schedule A-10” attached hereto. 12. THAT Subsection 6.40(h)(iv) of Zoning By-law No. 129-90 is hereby repealed and

replaced with the “Schedule A-11” attached hereto. 13. THAT Subsection 6.40(h)(iv) of Zoning By-law No. 129-90 (second instance) is hereby

renumbered Subsection(h)(v) and replaced with the “Schedule A-12” attached hereto. 14. THAT Subsection 6.50(c) of Zoning By-law No. 129-90 is hereby repealed and replaced

with the “Schedule A-13” attached hereto. 15. THAT Subsection 6.51(iii) of Zoning By-law No. 129-90 is hereby repealed and

replaced with the “Schedule A-14” attached hereto. 16. THAT Section 6 of Zoning By-law No. 129-90 is hereby amended by adding new

Subsection 6.52 as per the “Schedule A-15” attached hereto. 17. THAT Section 7 EXCEPTIONS TO THE AGRICULTURAL (A) ZONE is hereby

amended by adding EXCEPTIONS A-380 and A-381 as per the “Schedule A-16” attached hereto.


18. THAT Subsection 7.2 of Zoning By-law No. 129-90 is hereby amended by adding “PET

DAY CARE ESTABLISHMENT” to the list of permitted uses. 19. THAT Section 7 of Zoning By-law No. 129-90 is hereby amended by adding new

Subsection 7.9 as per the “Schedule A-17” attached hereto. 20. THAT Subsection 8.2 of Zoning By-law No. 129-90 is hereby amended by adding “PET

DAY CARE ESTABLISHMENT” to the list of permitted uses. 21. THAT Section 8 of Zoning By-law No. 129-90 is hereby amended by adding new

Subsection 8.9 as per the “Schedule A-18” attached hereto. 22. THAT Subsection 14.2 of Zoning By-law No. 129-90 is hereby amended by adding

“TRIPLEXES” to the list of permitted uses. 23. THAT Subsection 14.7 of Zoning By-law No. 129-90 is hereby amended by deleting the

title and inserting in its place “ZONE REGULATIONS FOR TRIPLEXES AND FOURPLEXES”.

24. THAT Subsection 20.2 of Zoning By-law No. 129-90 is hereby amended by adding

“PET DAY CARE ESTABLISHMENT” to the list of permitted uses. 25. THAT Section 20 of Zoning By-law No. 129-90 is hereby amended by adding new







Subsection 25.5 as per the “Schedule A-22” attached hereto.


32. THAT Subsection 26.2 of Zoning By-law No. 129-90 is hereby amended by adding “PET DAY CARE ESTABLISHMENT”, “KENNELS” AND “VETERINARY ESTABLISHMENTS” to the list of permitted uses.

33. THAT Section 26 of Zoning By-law No. 129-90 is hereby amended by adding new

Subsection 26.6 as per the “Schedule A-23” attached hereto. 34. THAT Section 26 of Zoning By-law No. 129-90 is hereby amended by adding new



Subsection 27.4 as per the “Schedule A-25” attached hereto. 37. THAT Schedule “A” to Zoning By-law 129-90 is hereby amended by changing the

zoning of property as shown on the attached “Schedule A-26” from Residential 2 (R2) Zone to “Industrial (IN) Zone”.

38. THAT Schedule “A” to Zoning By-law 129-90 is hereby amended by changing the

zoning of property shown as Part 1 on the attached “Schedule A-27” from Agricultural (A) Zone” to “Agricultural (A-380) Zone” and changing the zoning of the property shown as Part 2 on the attached Schedule A-27 from Agricultural (A) Zone to Agricultural (A-381 Zone)


zoning of property as shown on the attached “Schedule A-28” from Institutional (I) Zone” to “Open Space (OS) Zone”.


zoning of property as shown on the attached “Schedule A-29” from Agricultural (A) Zone” to “Institutional (I) Zone”.


zoning of property as shown on the attached “Schedule A-30” from Neighbourhood Development (ND) Zone” to “Residential 1 (R1) Zone”.


zoning of property as shown on the attached “Schedule A-31” from Neighbourhood Development (ND) Zone” to “Residential 2 (R2) Zone”.


zoning of property as shown on the attached “Schedule A-32” from Rural (RU-219) Zone” to “Rural (RU) Zone”.


44. THAT the lands referred to in Sections 1 through 43 inclusive are situated in the Town of Fort Erie, Regional Municipality of Niagara.

45. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act,

2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS ___ DAY OF __________________ 2007

______________________________________ MAYOR ______________________________________ CLERK I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. ___-07 of the said Town. Given under my hand and the seal of the said Corporation this ___ day of ____________ 2007.

___________________________________________________


SCHEDULES TO BY-LAW ___-07

SCHEDULE A-1 5.80 "EATING ESTABLISHMENT" means a building or part of a building where food

is offered for sale or sold to the public for immediate consumption and includes such uses as an eat-in restaurant, take-out restaurant, drive-in restaurant, drive-thru restaurant, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand, but does not include a boarding or lodging house.

SCHEDULE A-2

5.92 "FINISHED GRADE" means the average elevation of the finished surface of

the ground of a building or structure, exclusive of any artificial embankment abutting such building or structure.

SCHEDULE A-3

5.129 "KENNEL" means a structure, building or fenced run or any part thereof, or

areas of land in which domesticated animals are bred, raised, trained, sold or kept for sale or boarded in return for remuneration, but does not include a “Pet Day Care Establishment” as defined in this by-law.

SCHEDULE A-4 5.144 "LOT COVERAGE" means: (i) that percentage of the lot area covered by all buildings and structures

above ground level; but

(ii) does not include that portion of the lot area which is occupied by a building, structure or a portion thereof and which building, structure or portion thereof is completely below ground level, and for the purpose of this paragraph, the lot coverage in each zone applies and shall be deemed to apply only to that portion of such lot that is located within said zone.


SCHEDULE A-5

5.186.1 “PET DAY CARE ESTABLISHMENT” means a building, structure or

outdoor run, or any part thereof, in which the care and temporary accommodation of not more than ten (10) domestic household pets, in return for remuneration, is permitted but shall not include the overnight boarding of pets.

SCHEDULE A-6

5.186.2 "PHARMACY" means a retail outlet that dispenses drugs by prescription, and may include the sale of non-prescription drugs and retail goods in conjunction with the dispensing of prescription drugs.

SCHEDULE A-7

6.1(b) Except as otherwise provided herein, in a Residential Zone any accessory building or structure which is not part of the main building shall be erected in the rear yard or interior side yard only, and shall not be located closer to any rear lot line or side lot line than 1.0m or closer to any street than the required yard therefrom for dwellings, except that a detached garage or carport which faces the exterior side lot line shall be located no closer than 6m to the exterior side lot line. Eaves and gutters may project a maximum of 0.25m into the required yard.

SCHEDULE A-8

6.25 RAILWAY RIGHT-OF-WAY Notwithstanding other provisions within this By-law to the contrary, no

residential dwelling shall be constructed any closer than 30m to any functioning railway right-of-way.

SCHEDULE A-9

6.36 GARAGE SALES AND YARD SALES Temporary events such as garage sales and yard sales shall be permitted on any property containing a residential use, subject to the following provisions:

a) the event takes place only between the hours of 8:00 am and 6:00 pm

b) no more than four (4) one-day events are permitted on a residential property in each calendar year.


SCHEDULE A-10

6.40(a) ORNAMENTAL STRUCTURES Notwithstanding the yard provisions of this By-law to the contrary, sills, belt

courses, chimneys, cornices, eaves, gutters, parapets, pilasters, bay windows, bow windows, or other ornamental structures may project into any required yard a maximum distance of 0.5m.

SCHEDULE A-11

6.40(h)(iv) where permitted under (i) or (ii) above, shall not be located less than 5m

from an existing residential use under separate ownership, except that an air conditioning unit shall not be located less than 2m from an existing residential use under separate ownership.

SCHEDULE A-12

6.40(h)(v) be permitted to encroach into any interior side yard, provided that the said operating equipment shall not be located less than 5m from any lot line, except that an air conditioning unit shall not be located less than 0.5m from any lot line.

SCHEDULE A-13

6.50(c) The maximum number of model homes shall not exceed five (5) dwelling units within the plan of subdivision proposed for registration.

SCHEDULE A-14

6.51(iii) NOISE: Small wind energy systems shall not exceed 45dBA, as measured

at the closest neighbouring inhabited dwelling. The level however, may be exceeded during short-term events such as utility outages and / or severe wind storms.

SCHEDULE A-15

6.52 “PET DAY CARE ESTABLISHMENTS” In addition to the regulations governing the zone in which it is proposed to be located, the following additional provisions shall apply to “Pet Day Care Establishments”:


a) The establishment shall operate only between the hours of 7:00 am and 8:00 pm

b) An establishment wholly enclosed within a building shall not be located closer than 150m to any Residential Zone

c) In the case of an establishment which also includes an outdoor run, the outdoor run area shall not be located closer than 150m to any Residential Zone nor any closer than 150m to any residential dwelling unit, exclusive of the Pet Day Care Establishment operator’s dwelling unit

d) Any outdoor run associated with a Pet Day Care Establishment shall be enclosed with solidly constructed fencing so as to fully obstruct the visibility of the neighbouring properties from the pets, and being capable of preventing the escape of pets.

SCHEDULE A-16

A-380 (___-07) 4621 Michener Road, east of Point Abino Road South These lands are zoned Agricultural A-380 and all of the provisions of By-law 129-90 as amended that relate to lands zoned Agricultural A Zone by this by-law shall apply to those lands zoned Agricultural A-380 Zone on Schedule A, except that notwithstanding the requirements of Subsection 7.3 – Minimum Lot Area, the minimum lot area shall not be less than 7.5 hectares. A-381 (___-07) South side of Michener Road, east of Point Abino Road South These lands shall only be used for the conservation of plant and wildlife.

SCHEDULE A-17

7.9 REGULATIONS FOR “PET DAY CARE ESTABLISHMENTS” The requirements of Section 6.52 shall apply in addition to the regulations governing this section.

SCHEDULE A-18


SCHEDULE A-19



SCHEDULE A-20

21.6 REGULATIONS FOR “PET DAY CARE ESTABLISHMENTS”

The requirements of Section 6.52 shall apply in addition to the regulations governing this section.

SCHEDULE A-21


SCHEDULE A-22



SCHEDULE A-23

26.6 REGULATIONS FOR “KENNELS” AND “VETERINARY

ESTABLISHMENTS” Minimum Lot Area An existing lot having a minimum area of 2 ha

Minimum Lot Frontage 100m Minimum Front Yard 50m or behind the front building line of the main

building on the lot, whichever is greater Minimum Interior Side Yard 25m Minimum Exterior Side Yard 7.5m Minimum Rear Yard 30m Maximum Lot Coverage 20% Maximum Building Height 1 storey Minimum Distance from a Dwelling on an Adjacent Lot

150m

SCHEDULE A-24



SCHEDULE A-25



SCHEDULE A-26 through A-32

See attached zoning maps.

APPENDIX "4" TO ADMINISTRATIVE REPORT CDS-106-07 DECEMBER 3, 2007

Neither kennel nor shop, dog day cares have no place in zoning code

a t i ts 7,000-square-foot facility, which includes an outdoor play area. ),more The day care is open from 7 a.m. t o 7 p.m.

Page 2 of 3

For nearby businesses, t he biggest concerns about a bustling dog day ' Ap LOCAL HEADLINES

care moving in next door are the potential noise from barking and ' . Lawsuit over fatal shooting by San lose police

to begin Tuesday growling, odors, extra traffic and maybe an escaped animal. Reliance Communications and Microsoft to

The proposed ordinance up for public comment tomorrow requires all outdoor areas connected t o the day care to be fully enclosed. Under t he new rules, businesses would be required to have a permi t f r om Public Health -- Seattle & King County to operate. They also would be required to provide wri t ten operating procedures, such as how they will take care o f animal behavior problems, including excessive barking.

l u s t l ike a t child day care facilities, most dog owners park briefly a t t he center, j us t long enough t o drop off o r pick up their pets. Some dog day cares even have valet service. The proposed new rules would require one parking space for each staff member, and one space for every 1 0 animals permit ted a t t he day care.

Csokasy said a dog has never escaped from her center, and she has even temporar i ly taken i n dogs roaming t he streets unt i l their owners could be contacted.

WHAT DO YOU THINK?

Seattle City Councilwoman Jan Drago's transportation committee will take public comment on the proposed ordinance.

W h e n a n d w h e r e : Tuesday a t 9 : 3 0 a.m. in the City Council Chambers a t City Hall.

L i n k t o t h e m e e t i n g agenda : www.seattle.gov/leg/trans.htm

The dog day care ordinance is No. 3 on the lineup.

P - I repor ter Kathy Mulady can b e reached a t 206-448-8029 o r [email protected].

Soundoff (Read 7 comments) Are dog day care centers appropriate in neighborhood business distr~cts?

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PROPOSED HOUSEKEEPING AMENDMENTS TO … · Tom Villella, MCIP, RPP Neighbourhood Planner Original signed Rino Mostacci, MCIP, RPP Director of Community and Development Services Original