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By-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: 3 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.