Staff Report: Lot Coverage and Impermeable Surface Coverage Zoning Bylaw Amendments

LOT COVERAGE AND IMPERMEABLE SURFACE COVERAGE ZONING BYLAW AMENDMENTS

RECOMMENDATION:

THAT the report dated June 14, 2024, titled “Lot Coverage and Impermeable Surface Coverage Zoning Bylaw Amendments” prepared by the Senior Planner be received.

PURPOSE:

The purpose of this report is to introduce amendments to Zoning Bylaw No. 900, 2014, by removing “Lot Coverage, maximum” and “Impermeable Surface Coverage, maximum” as a provision of density and place them under a separate heading within all standard zones in the Zoning Bylaw.

TIME CRITICAL:

The proposed amendments are not time critical.

BACKGROUND:

Staff had previously proposed these amendments as part of the Zoning Bylaw amendments to comply with the Province’s Bill 44 -2023 to build small-scale, multi-unit housing (SSMUH). However, Council felt that the proposed amendments to address lot coverage and impermeable surface coverage in the Zoning Bylaw are not associated with the SSMUH legislation and must be considered in a separate bylaw amendment and statutory process. Therefore, Council passed the following motion:

THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024 be further amended by removing lot coverage and impermeable surface coverage as provisions of density in all standard zones.

Council also passed a motion to waive the public hearing and prepare a separate amendment bylaw, which would include the proposed changes identified in Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024. The motions passed by Council are as follows:

THAT the requirement for a public hearing to remove lot coverage and impermeable surface coverage as provisions of density in all standard zones and to place them under a separate heading for Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024 be waived;

AND THAT an amendment bylaw be prepared.

In advance of this meeting, staff prepared a notice indicating that the public hearing was waived in accordance with Section 464(2) of the Local Government Act.

DISCUSSION:

The Zoning Bylaw regulates Lot Coverage¹ and Impermeable Surface², which are standard regulations for many municipalities that are provisions used to regulate a parcel’s development potential to ensure that a site is not completely covered by a building or hard surface, unless desired. The regulations also serve a role in protecting green space and on-site trees, by restricting the amount of land that may be developed.

Under the Town’s existing Zoning Bylaw, the regulation of lot coverage and impermeable surface coverage are considered density regulations. Traditionally, density refers to building size, commonly represented by floor space ratio or a maximum building floor area, or number of dwelling units. An increase in density is subject to rezoning.

Regulating building size through a maximum lot coverage and/or impermeable surface coverage as a provision of density is uncommon in zoning bylaws. Staff recommend that the two regulations be relocated under a separate heading in all standard zones. Comprehensive Development (CD) Zones would be unaffected by the change. Where an application exceeds the maximum permitted lot coverage or impermeable surface coverage regulations, the applicant would require a Development Variance Permit (DVP), which is subject to Council’s review and approval.

Furthermore, the proposed amendments will ensure that there is consistency with the small-scale, multi-unit housing (SSMUH) regulations in Schedule E of the Zoning Bylaw, streamline development approval processes to build housing, and improve operational efficiencies.

¹ “Lot Coverage” means the percentage of the lot area covered by all buildings and other structures.
² “Impermeable Surface” means a surface, including the roof of a building or other structure, that does not allow precipitation to penetrate through to the natural ground underlying the artificial surface. For clarity, a green roof and a driveway constructed of gravel or unit pavers, do not constitute an impermeable surface.

SUSTAINABILITY/CLIMATE CHANGE IMPACTS:

Lot coverage and impermeable surface coverage regulations protect on-site green space and trees, contributing to the Town’s urban forest canopy.

FINANCIAL IMPLICATIONS:

Should Council adopt the proposed amendments, applicants would require a DVP application instead of a rezoning application. The DVP application fee ($550) is less than a rezoning application fee ($2,200); however, processing a rezoning application requires significantly more staff time and resources than a DVP application, which is not recovered by the rezoning application fee.

ALTERNATIVES:

There are no alternative motions for consideration.

CONCLUSION:

The proposed amendment bylaw will provide consistency with the regulation of lot coverage and impermeable surface coverage introduced through Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024 for small-scale, multi-unit housing (SSMUH). The regulation of lot coverage and impermeable coverage will be subject to review for all development permits and building permits. Where a proposal is not compliant with these regulations of the bylaw, a variance subject to Council’s approval will be required.

Staff have prepared Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1143 to receive first, second, and third reading of the amendment bylaw at the July 2, 2024, Council meeting.

CONCURRENCE:

REVIEWED BY:

ATTACHMENTS:

1. Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1143, 2024.
2. Redline Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1143, 2024.