Notice of Passing of Zoning By-law Amendment

TAKE NOTICE that the Council of the Town of Essex has passed By-law Number 2279 on the 16^th day of October, 2023, under Section 34 of the Planning Act, which authorizes the Town to amend its general zoning by-law, By-law 1037, when deemed appropriate by Council, when an Official Plan is in effect for the Municipality and such amendments to By-law 1037 is deemed to be in conformity with the Town of Essex Official Plan.

The amendments affect all lands within the Town of Essex, therefore, a key map has not been provided.

By-law 2279 amends parking regulations for multiple dwellings containing five (5) or more dwelling units and for single, semi-detached, and town home dwellings, and adds a required minimum landscaped area for a required front yard in Residential Districts 1.1, 2.1, 2.2, and 2.3, by amending By-law 1037 as follows:

1. In Section 7, the definition for “Landscape Area” is amended by deleting the words “block or brick”.
2. Subsection 11.2, Paragraph e), is amended by deleting the words “front yard”.
3. Subsection 11.5, Paragraph a), Column 2 is amended to provide the following parking requirements:
   “1.25 spaces for each studio and 1-bedroom dwelling unit;
   1.5 spaces for each 2-bedroom dwelling unit;
   2 spaces for each 3-bedroom or greater dwelling unit,
   Plus, to be exclusively maintained and individually signed for visitor parking,
   0.15 spaces for each dwelling unit.
   When the calculation of parking spaces results in a fraction of one half or greater, one (1) additional parking space shall be required.
4. The following paragraphs be added to the R1.1, R2.1, R2.2, and R2.3 zoning districts:
   “Minimum landscape area in a required font yard:

              30% for a lot having a lot width of less than 12m;

              40% for a lot of 12m to 15m in lot width;

              50% for a lot greater than 15m in lot width.”

The last day to Appeal this by-law is November 13, 2023 at 4:30 p.m.

The Notice of Appeal must be filed with the Clerk of the Municipality and set out the reasons for the appeal. The Notice of Appeal must be accompanied by the fee required by the Ontario Land Tribunal.

Only individuals, corporations and public bodies may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group.  However, a notice of appeal may be filed in the name of an individual who is a member of the association or the 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 was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.

In rendering their decision, Council considered oral and written submissions, including survey submissions. Most respondents agreed that the proposed parking regulations would improve conditions for tenant and visitor parking in multiple dwelling buildings, and that the landscape area minimum was required to maintain a better neighbourhood and community image.

Dated at the Town of Essex this 24th day of October 2023.

Joseph A. Malandruccolo, Director, Legal and Legislative Services/Clerk

Town of Essex

33 Talbot Street South

Essex, Ontario N8M 1A8

Telephone: 519-776-7336, extension 1132

Email: jmalandruccolo@essex.ca