PUBLIC HEARING — Bylaw No. 1992 (Langford Zoning Bylaw, Amendment No. 632: Zoning Definitions Update)

Bylaw No. 1992

A BYLAW TO AMEND BYLAW NO. 300, “LANGFORD ZONING BYLAW, 1999"

The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:

A. Langford Zoning Bylaw No. 300, 1999 is amended as follows:

1. By replacing the definition of Kitchen of Section 1.01 with the following:

   “Kitchen means a room or an area in a building used for, or designed to be used for, the preparation or storage of food and which may contain, but is not limited to, any combination of a sink, refrigerator, cooking appliances, hood exhaust fan or 220 volt electrical and plumbing service lines.”

2. By adding the definition of Public Assembly and Entertainment Uses after the definition of “Principal” in Section 1.01 with the following:

   “Public Assembly and Entertainment Uses means a public gathering of persons for scientific, educational, cultural, religious, philanthropic, charitable, recreational, purposes or any other purpose not otherwise specifically defined in this Bylaw.”

3. By replacing the definition of Suite of Section 1.01 with the following:

   “Suite means a dwelling unit that is accessory to a one-family dwelling and must be located within the one-family dwelling (secondary suite) or within an accessory building (garden or carriage suite).

4. By replacing Section 2.03.01 with the following:

   “A person commits an offence under this Bylaw, who, being an owner or occupier of land or of the surface of water in the City of Langford:”

5. By replacing Section 2.03.01(4) with the following:

   “Carries out, causes or permits to be carried out any development of land or the surface of water in a manner prohibited by or contrary to any of the provisions of this Bylaw; or”

6. By replacing Section 2.04.01 with the following:

   “Pursuant to Section 16 of the Community Charter, the City of Langford may enter, at any reasonable time, upon any property that is subject to regulation under this Bylaw for the purpose of determining whether the regulations are being observed.”

7. By replacing Section 2.04.02 with the following:

   “A person must not obstruct any Bylaw Enforcement Officer, or any other designated person engaged in the administration or enforcement of this Bylaw.”

8. By replacing Section 2.05.01 with the following:

   “Every person who commits an offence against this Bylaw is liable, upon summary conviction, to a fine and penalty not exceeding the maximum as stated in the Offence Act as amended from time to time.”

9. By replacing Section 2.05.02 with the following:

   “Each day an offence against this Bylaw continues is deemed to constitute a new separate offence.”

10. By replacing Section 2.05.03 with the following:

    “The penalties imposed under Subsections 2.05.01 and 2.05.02 are in addition to and not in substitution for any other remedy that the City may pursue for a contravention of this Bylaw.”

11. By replacing Section 2.06.01 with the following:

    “A building which exists at the time of adoption of this Bylaw, but which fails to comply with the requirements relating to siting, size and shape must not be altered or extended except in compliance with the requirements of this Bylaw.”

12. By replacing Section 2.07.02 with the following:

    “The lawful use of any land, building or structure existing at the time of the adoption of this Bylaw may be continued (subject to the provisions of the Local Government Act), despite such use being non-conforming with the provisions of this Bylaw.”

13. By adding, as Section 3.02.03 the following:

    “For clarity, any suite which is not permitted by the regulations of the applicable Zone as laid out in Part 6 of this Bylaw or which does not comply with section 3.08 of this Bylaw must be decommissioned.”

14. By replacing Section 3.08.03(9)(a) with the following:

    “Removal of kitchen OR removal of shower/bathtub and the plumbing lines; and

15. By adding to Section 4.01.01 Table 1 under the category VI Recreation/Cultural the following:

    “Public assembly – 1 per 35m2 (376.7ft2) GFA”

B. This Bylaw may be cited for all purposes as “Langford Zoning Bylaw, Amendment No. 632, (Second Part of the Zoning Definitions Update), Bylaw No. 1992, 2021".

READ A FIRST TIME this 18th day of October, 2021.
PUBLIC HEARING held this day of , 2021.
READ A SECOND TIME this day of , 2021.
READ A THIRD TIME this day of , 2021.
ADOPTED this day of , 2021.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER

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Committee Minutes (excerpts)

4. REPORTS

4.1 Bylaw No. 1992 – Zoning Bylaw Amendment No. 632 – Enforceability and Definition Revisions (Planning)

MOVED BY: CREUZOT
SECONDED: BROWN

That the Planning, Zoning and Affordable Housing Committee recommend that Council:

1. Consider proceeding with First Reading to Bylaw No. 1992 as drafted.

Motion CARRIED.

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Staff Report

to Planning, Zoning and Affordable Housing Committee

• Date: October 12, 2021
• Department: Planning
• Application No.: Z21-0027
• Subject: Bylaw No. 1992 – Zoning Bylaw Amendment No. 632 – Enforceability and Definition Revisions

PURPOSE

The purpose of this bylaw is to revise and clarify the definitions of suites and kitchens as well as to provide clarity to the general provisions of Zoning Bylaw No. 300. These changes are being proposed in order to address clarity and enforceability issues of the Zoning Bylaw as directed by Council in the spring of 2021 by way of the Bylaw Department’s report to Council regarding their Secondary Suite Enforcement Policy. Additionally, a new definition of “public assembly and entertainment use” is being proposed.

BACKGROUND

In spring 2021, the Planning and Bylaw Enforcement Departments submitted to Council a list of amendments to Zoning Bylaw No. 300 with the intention of clarifying and creating more enforceable definitions. At this time, the Bylaw Enforcement Department also reviewed their Secondary Suite Enforcement Policy, receiving direction from Council to work with the Planning Department to ensure the continuity between this policy and the Zoning Bylaw. The changes to the suite and kitchen definitions and the general provisions were subsequently left out of the spring updates to ensure that any Council and Departmental desires were incorporated.

COMMENTS

In order to provide the most user friendly and informative guidance documents, it is important to revisit existing definitions and policies to ensure they meet the needs of today’s issues as well as mitigating those of the future. The Planning Department and the Bylaw Enforcement Department have collaborated on the fine-tuning of these definitions and provisions to ensure that they support the continued operation of each Department without detracting from the original intention. The purpose of these updates is not to inhibit or make difficult the day-to-day dealings of the public, but rather ensure that their actions are performed with due care for themselves and the community as a whole.

OPTIONS

Option 1

That the Planning, Zoning and Affordable Housing Committee recommend that Council:

1. Consider proceeding with First Reading to Bylaw No. 1992 as drafted;

OR

Option 2

1. Take no action at this time with respect to Bylaw No. 1992.

Submitted by:

Wolfgang Schoenefuhs, Planning Technician

Concurrence:

• Matthew Baldwin, MCIP, RPP, Director of Planning
• Leah Stohmann, MCIP, RPP, Deputy Director of Planning
• Lorne Fletcher, Manager of Community Safety and Municipal Enforcement
• Chris Aubrey, Fire Chief
• Jerry Worobec, RBO, CRBO, Manager of Building
• Yari Nielsen, Parks Manager
• Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
• Adrianna Proton, Manager of Legislative Services
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Acting Director of Corporate Services
• Darren Kiedyk, Chief Administrative Officer

:wcs