Report to/Rapport
au:
Planning and
Development Committee/
Comité de
l’urbanisme et de l’aménagement
and Council/et au Conseil
Submitted
by/Soumis par: Ned Lathrop, General
Manager/Directeur général
Contact/Personne-ressource: Karen Currie, Manager. Development
Approvals /
Gestionnaire,
Approbation des demandes d’aménagement
580-2424 ext 28310
karen.currie@city.ottawa.on.ca
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Ref N°:
ACS2001-DEV-APR-0251 |
SUBJECT: TEMPORARY WINTER CAR SHELTERS
OBJET: ABRIS Ŕ VOITURES TEMPORAIRES DURANT L’HIVER
REPORT RECOMMENDATION
That Planning and Development Committee receive this
report for information.
Que le Comité de l’urbanisme et de l’aménagement prenne connaissance de ce rapport.
At the
Planning and Development Committee meeting of October 11, 2001, the following
inquiry was made:
That
staff report on permitting temporary winter car shelters in residential areas,
similar to what is permitted in Montreal.
This report is in response to that inquiry.
DISCUSSION
In the
City of Montreal (and to a large extent, Quebec City), the regulations
applicable to temporary winter car shelters may be summarized as follows:
·
maximum of one shelter per lot allowed from October 15
to April 15 in a parking space or in a driveway leading to a parking space
serving a residential building only
·
no permit required but construction specifications
must be followed
·
maximum height: 3 meters (9 feet 10 inches) and
maximum length: 6.5 metres (21 feet 4 inches)
·
must be solidly anchored to ground and properly
maintained
·
may not be
used for storage and may not be heated
·
when installed less than 3 metres (9 feet 10 inches)
from sidewalk or street where there is not sidewalk must have minimum 0.5 m2 (5.4 ft2) window on each side and windows
must be located less than 2 metres (6 feet 7 inches) from opening of shelter in
order to allow pedestrians and drivers to see each other
·
while permitted to be located on property line, roof
water, snow and ice must not fall on adjoining property
·
not permitted in heritage areas
·
enforcement on complaint basis.
In the City
of Ottawa, the regulations applicable to temporary winter car shelters may
be summarized as follows:
·
location of shelter on property in compliance with
zoning by-law (as will be noted below, the shelters in the main do not conform
to existing zoning by-laws)
·
shelter serves single, semi-detached, duplex, triplex
or row house
·
shelter used for parking of private vehicle of resident
only
·
shelter consists of prefabricated unit of 10 ft x 20 ft
nominal dimensions
·
installation complies with manufacturers specifications
including ground anchorage
·
shelter is for seasonal use and is erected no earlier
than November and is dismantled no later than April
The former City of Vanier, is only
area in the new City where temporary winter car shelters are recognized in a
Zoning By-law. Structures are permitted
from November 1 to April 1 if minimum setbacks, maximum dimensions of shelter
and construction materials are met.
The Zoning By-laws of all other
former municipalities require conformity with regulations applicable to
accessory structures and this is not normally possible because regulations
prohibit structures in a front yard. As
well, temporary shelters have been interpreted to not be structures and
therefore not be permitted, in certain municipalities (i.e. Cumberland).
A review of the Ontario Planning Act has revealed that,
1. Zoning By-laws may not regulate materials and methods of construction, and
2. there are very specific rules with respect to temporary uses in zoning by-laws.
The fact that Zoning By-laws may not regulate materials and methods of construction prevents the City from using these by-laws to address the urban design issues presented by temporary winter car shelters to the extent that it can be anticipated that neighborhood acceptance of the shelters would likely be low in many areas.
Under the Planning Act, Zoning By-laws cannot impose time restrictions on use, whether they be hours of operation or months of operation. The only way to allow temporary uses such as winter car shelters would be to pass a Zoning By-law each year permitting the temporary use for the specified months.
As the City’s ability to zone for temporary
winter car shelters is limited and urban design issues speak against the
proliferation of these shelters, it is the Department’s view that the City’s
current “home rules” should be maintained.
There will be opportunities for these shelters where the Zoning By-law
permits (large lots where shelter could be established in a rear yard), but
they would not be permitted universally.
Enforcement would continue on a complaint basis.