Zoning bylaw undergoes modern facelift
Last Updated on Thursday, 02 February 2012 17:55 Monday, 06 February 2012 00:00
By Lyonel Doherty
Oliver’s zoning bylaw is finally keeping up with the Joneses.
The antiquated document, last updated in 1983, is undergoing modernization, complete with graphics to illustrate everything from land use to parking regulations.
Director of Development Services Stephanie Johnson said the proposed bylaw will definitely be more “user friendly” than the old one.
“There are no significant changes to any zones in particular or permitted uses outside the industrial zones, we’re just modernizing the bylaw. It’s an opportunity for us to look at what other local governments are doing and to implement current planning regulations and best practices.”
Council plans to engage the public for its feedback prior to adopting the proposed bylaw. A public hearing will be set at a later date.
Johnson stated the bylaw is not a set-in-stone document, noting people can always apply to have council consider changes in the regulations.
While the document won’t win any awards for best non-fiction, it affects everyone living within town boundaries.
The draft bylaw currently has 35 zones. In fact, the number of zones has been reduced by either removing them or consolidating them into other zones.
The bylaw also promotes sustainability by including bicycle parking and alternative energy generation, for example, solar and wind power.
Other highlights include the following: No more than one carriage home shall be permitted on any parcel of land, and a property cannot contain both a carriage home and a secondary suite.
Home occupations are now classified under three categories – minor, major and rural.
The issue of metal storage containers garnered some discussion by council. These containers are only permitted in certain zones, including commercial, institutional and industrial.
Councillor Dave Mattes said metal storage containers must be clearly defined so as not to exclude things like metal garden sheds in people’s backyards.
Council agreed these containers should not be visible from Highway 97 or within a certain distance (70 metres) of the highway. Having them screened was also discussed.
Councillor Jack Bennest said these containers could be a problem in the future if more people want them. “But are we pro-business or always regulating for beauty?” he questioned.
Councillor Linda Larson said she doesn’t want the airport caught up in this particular regulation.
Temporary fabric structures must meet setback requirements for side and rear yards, but are not permitted within the front yard setback. A maximum of one fabric structure is permitted per parcel.
Under the parking section, the bylaw proposes that required spaces in the C3 zone must be located either on the same parcel (as the building they serve) or on another parcel within 150 metres of the building site.
Mattes expressed his concern that this regulation is an onerous one and is not going to happen. “It’s over regulated.”
Councillor Maureen Doerr agreed. She said there are businesses on Main Street with no parking for staff. She noted that half the staff of one bank use customer parking; they don’t use the lot below the building. Having staff parking in areas slated for customers is causing more havoc, Doerr said.
The bylaw states that the minimum required parking spaces for apartments and townhouses are two per dwelling for units of four bedrooms or more. For restaurants, lounges and pubs the required parking is one for every four seats.
Mattes said Oliver has restaurants that don’t meet this standard, and said the regulation creates another barrier for people starting a business.
Larson raised a concern about fencing and hedging in residential areas. She noted cases where cedar hedges obscure stop signs and asked how the Town can regulate this.
Municipal Manager Tom Szalay said they can make owners cut back these hedges if they affect traffic safety.
When the topic of light industrial zones (M1) came up, Mattes excused himself from the discussion because he owns property in this zone.
The previous council embarked on a bylaw to prohibit asphalt plants and gravel crushing from the industrial area. But following complaints from property owners, council abandoned the bylaw and left it up for the new council to decide.
The proposed zoning bylaw only has a light industrial zone and gravel crushing is not one of the uses permitted.
But Johnson said council won’t adopt the bylaw until property owners and the broader community are engaged for feedback.
She noted there may be a different direction on what is appropriate industrial land use in Oliver. After finding out how the community feels, council could decide to include those uses (gravel crushing/asphalt plants) in the industrial zone.
Bennest said the Town needs to engage the public prior to going any further. “Every time you want to eliminate something that’s not green, you get a revolt.”
Doerr acknowledged that industrial property owners felt shut out and “slighted” last time.
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