HomeMy WebLinkAboutBy-law No. 2020-054THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW No. 2020- 054
BEING A BY-LAW TO CONSIDER EXEMPTION BY CASH -IN -LIEU OF THE PROVISION OF
PARKING REQUIREMENTS IN ZONING BY-LAW Z456-2003 AS A CONDITION OF
DEVELOPMENT OR REDEVELOPMENT
("CASH -IN -LIEU OF PARKING BY-LAW")
WHEREAS Section 40 of the Planning Act, RSO 1990, Chapter P.13, as amended, provides
that where an owner or occupant of a building is required under a by-law of a local municipality
to provide and maintain parking facilities on land that is not part of a highway, the council of the
municipality and such owner or occupant may enter into an agreement exempting the owner or
occupant, to the extent specified in the agreement, from the requirement of providing or
maintaining the parking facilities.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham has established
an Official Plan that contains specific policies with respect to the provision of cash -in -lieu of
parking and this By-law is intended to be in conformity with such policies;
THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) Definitions:
"Act" shall mean Planning Act, as amended'
"Council" shall mean the Municipal Council of The Corporation of the Municipality of
Bayham;
"Planning Coordinator' shall mean the Planning Coordinator of The Corporation of the
Municipality of Bayham
2) THAT the criteria for considering applications for exemption from the parking
requirements of Zoning By -Law No. Z456-2003, shall be in accordance with the
Municipality of Bayham Official Plan Section 8.19 Cash -in -Lieu of Parking, as attached
hereto as Appendix 1, in accordance with the Act.
3) THAT the exemption shall be by site -specific agreement between the owner and the
Municipality, which shall provide among other matters for a parking levy in the amount of
ONE THOUSAND ($1,000.00) DOLLARS for each parking space below the number
which would have been required by By -Law Z456-2003 had not the exemption been
granted.
4) THAT the amount referred to in Paragraph (3) above shall be reviewed by the Planning
Coordinator and/or designate(s) on a five-year basis to ensure it remains appropriate.
5) THAT the Planning Coordinator and/or designate(s) are authorized to recommend to
Council for consideration request for such exempting agreement(s).
6) THAT when applications for minor variance which would have the effect of reducing
parking spaces are considered, that the Committee of Adjustment consider whether or
not they should more appropriately be considered by Council pursuant to Section 40 of
the Act, as amended.
By-law 2020-054 2
7) THAT the Exemptions under these criteria shall be by agreement pursuant to Section 40
of the Act, as amended.
8) THAT this By-law shall come into force and take effect on the day of the final passing
thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF
JUNE 2020. i
By-law 2020-054
Appendix 1
Municipality of Bayham Official Plan, as amended, excerpt:
8.19 Cash -in -lieu of Parking
In order to acquire and develop public parking areas, The Municipality may accept cash -in -lieu
of the provision of on -site parking into a special account and used as specified in the Planning
Act. The monies received from cash in lieu payments shall be used to purchase public parking
elsewhere in the Municipality or for any other public parking purpose. Council may consider
acceptance of cash -in -lieu of vehicular parking under the following circumstances:
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a) Where the required provision of on -site parking is restricted or limited due to the
available lot area, the shape, physical limitations of the land or the location of parking for
the intended use;
b) Where the required provision of on -site parking would render the remainder of the site
unsuitable or impractical for development; and
c) Where it is preferable and in the public interest to have consolidated publically
accessible parking located elsewhere in the Municipality.