Force & Effect of 1-Z-2014 Bylaw on Hastings Drive

An in depth look at the three Bylaws which effected Hastings Drive (By-Law 1-NO 85, By-law 1-Z-2014 and OMB Ruling: By-law 38-Z-2018).

July 15, 2014 - 1-Z-2014 Bylaw is passed by Council Res. No. 32- Section 1.6.2 Repeal of By-Law 1-NO 85 and All Amendments: By-Law 1-NO 85 (The Township of Norfolk Zoning By-Law) and all amendments thereto, passed pursuant to the Ontario Planning Act as amended, and which were approved by the Ontario Municipal Board, the Region of Haldimand-Norfolk or the Township of Norfolk, are hereby repealed except in so far as it affects the area known as Hastings Drive (South Walsingham, Plan 206, Lots 66 and 67 and South Walsingham, Plan 251, Lots 1 to 148). The Hazard Land Zone (HL) as set out in 1-NO 85 remains in effect.

Council also passed a Resolution No. 17 directing staff to include sufficient funds in the 2015 Capital Budget for the purposes of retaining consulting services to assist in determining future land uses on Hastings Drive.

August 8, 2014 - Boyce’s Appeal of the 1-Z-2014 Bylaw Hastings Section 1.6.2. - Reason: The failure by the Council of the County of Norfolk to deal with the zoning for Hastings Drive has effectively created a land use planning vacuum for Hastings Drive.

September 22, 2015 - The Final Terms of Reference for the Hastings Study DCS 15-97 was approved by County Council on September 22, 2015.

Pg. 5 of Final Terms: As appeals were received on the County Zoning By-law 1- Z-2014, and are not yet settled, the Township of Norfolk Zoning By-law 1-NO85 is currently in, force and effect and zones the Hastings Drive area "Hazard Land (HL) zone”.

January 8 & 12, 2018 - Lawyer Tom A. Richardson's OMB Opening & Closing Statements on Behalf of Jerome Party (Jerome, Body, Waite & Corke/Neely) - Lawyer & Partner Sullivan Mahoney Law Firm

"There were a number of appeals to by-law 1-Z-2014, two of which have ultimately resulted in this hearing. Consequently until these appeals are dealt with, the current zoning on Hastings Drive is the hazard land zoning of By-law 1 NO 85. One may ask why my clients are here, when they can, apparently, approach the county to request status as legal non-conforming uses. They may still do that. But they react as any Canadian would, to any level of government taking from them what they understood they had, namely limited use of their lands."

February 13, 2018 - Agenda of Council Meeting Pg. 199-227 - Report CAO-18-09

CAO Statement: The OMB Appeal of 1-Z-2014 - The above-noted section 1.6.2 of 1-Z-2014 is the subject of an OMB appeal wherein the hearing has ended but a decision has not yet been rendered.

April 19, 2018 - Hastings Drive OMB Decision Follow-up Memo to Mayor and Council from Fritz Enzlin and Pam Duesling -

"The zoning change is in full force and effect as of April 16, 2018

"The existing Norfolk County Zoning By-law 1-Z-2014 will be updated to include the new zoning in May 2018. The update to the 1-Z-2014 By-Law does not impact upon the effective date of the decision, which remains April 16, 2018."

May 17, 2018 - Regular mail letter of notice to Landowners on Hastings Drive regarding the Local Planning Appeal Tribunal (formerly Ontario Municipal Board) Order and how it may affect your land on Hastings Drive. Stating in the letter, "The Township of Norfolk Zoning By-Law 1-NO 85 has been rescinded and is no longer in effect. The Norfolk County Zoning By-Law 1-Z-2014 is now in effect for Hastings Drive."

Summary of Bylaws:

Section 1.6.2 of the 1-Z-2014 Bylaw relating to Hastings Drive was specifically appealed by Boyce. The appeal was not resolved until the OMB order on April 16, 2018 (almost 4 years after the appeal). As shown in specifically the Hastings Study Terms of Reference, by Lawyer Tom Richardson and Norfolk County mailed letter of notice regarding the OMB ruling, the 1-NO-1985 Bylaw was still in full force and effect up until all appeals were resolved on the OMB Ruling date of April 16, 2018.

If the creation or amendment of a zoning bylaw has been appealed to the Ontario Municipal Board, and the OMB has yet to rule on these appeals, the bylaw will only come into effect on the day the zoning changes (OMB Order) comes into force. Any previous Bylaw is still in full force and effect until this OMB Ruling.

Therefore the 1-Z-2014 Bylaw since appealed never took force and effect on Hastings Drive until the OMB Ruling (Bylaw 38-Z-2018) on April 16, 2018 replacing the former 1-No-1985 Bylaw. Vehicles and trailers were a legally permitted use on Hastings Drive up until April 16, 2018 and if established prior to this date should be considered legal non-conforming going forward.

Any uses and/or structures legally established prior to April 16, 2018 may continue forward as Legal Non-Conforming, as per Erick Boyd (Ministry of Municipal Affairs Planner) Witness Statement Pg 31:

Legal Non-Conforming Uses Can Continue

207. The zoning by-law proposed by the County, Ministry and appellants would apply to new uses, and would not take away existing legal non-conforming uses under s.34(9) of the Planning Act.

208. All four planning experts agree that the status of legal non-conforming uses on Hastings Drive is beyond the scope of the OMB hearing, and would need to be addressed on a site-by-site basis.

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