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Port Stanley News RSS Feed  News St. Thomas Municipal Airport Zoning By-law

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by Doug Harvey
St Thomas Municipal Airport Zoning Bylaw

The Corporation of the Municipality of Central Elgin

Public Meeting Of Council On Tuesday, October 9th, 2018

Zoning By-law Amendment

1. Proposed Federal Zoning By-law Affecting Lands in the Vicinity of St. Thomas Municipal Airport

What is an Airport Zoning Regulation(AZR)

An Airport Zoning by-law is to be created on all lands within the Municipality, including public road allowances that are adjacent to or in the vicinity of the Airport Zoning Protection Area or directly under an Approach Surface, Outer Surface, Strip Surface or Transitional Surface.

The purpose of the Airport Zoning by-law is to prohibit or regulate and control the use of land and the erecting, locating or using of buildings or structures adjacent to or in the vicinity of the St. Thomas Municipal Airport to ensure that the use of land and the erecting, locating or using of buildings or structures is not incompatible with the safe operation of an airport or aircraft.

No person shall place, erect or construct, or permit the placement, erection or construction, on any land to which this By-law applies, any land use, building, structure or object or any addition to an existing building, structure or object, any part of which would penetrate one of the following surfaces:

  • (a) Approach Surface;
  • (b) Outer Surface; or
  • (c) Transitional Surface.

Interference with Communication

A person must not use or develop, or permit another person to use or develop, any of the lands under the Outer Surface in a manner that causes interference with any signal or communication to and from an aircraft or to and from any facility used to provide services relating to aeronautics.

Obstacle Limitations Surfaces

No owner or lessee of land in respect of which these Regulations apply shall permit any part of an object of natural growth that is on the land to grow to a height that exceeds, at the location of that part of the object, the elevation of any surface.

Wildlife Hazard Zone

  • (a) No person shall use or permit another person to use any of the lands for activities or uses that attract wildlife - particularly birds - that may create a hazard for aviation safety.
  • (b) Despite subsection (a), the Municipality may approve the use of any of the lands as a site for a Storm Water Management Facility.

Monitoring and Compliance

Non-Conforming Uses

  • 9.1 This By-law shall not prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the by-law, so long as it continues to be used for that purpose; or prevent the erection or use for a purpose prohibited by the by-law of any building or structure for which a permit has been issued under subsection 8 (1) of the Building Code Act, 1992, as amended, prior to the day of the passing of the by-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under subsection 8 (10) of that Act. R.S.O. 1990, c. P.13, s. 34 (9); 2009, c. 33, Sched. 21, s. 10 (1).
  • 9.2 Subject to section 9.3, the following may continue as they exist as of the date this By-law comes into force provided that any required permits, licenses or other permissions were in place on or before the date this By-law comes into force:
    • (a) Objects of Natural Growth that penetrate an Approach Surface, Outer Surface, Strip Surface or Transitional Surface;
    • (b) Electronic interference that causes interference with a signal to or from an aircraft or to or from any facility used to provide services to aeronautics;
    • (c) a use of land, buildings or structures that attract wildlife and that may create a hazard for aviation safety.
  • 9.3 Any:
    • (a) Non-conforming building;
    • (b) Object of Natural Growth referred to in subsection 9.2(a);
    • (c) electronic interference referred to in subsection 9.2(b);
    • (d) use of land, buildings or structures that attract wildlife and that may create a hazard for aviation safety referred to in section 9.2(c),

shall be deemed non-conforming uses or non-conforming buildings, as the case may be, and may continue only in the manner and to the extent that non-conforming uses and non-conforming buildings are allowed by the a Zoning By-law of the Municipality and the Act.

Zoning Amendment or Minor Variance

10.1 An amendment or minor variance, pursuant to the Act, from this By-law may be granted if the approval authority for an amendment or minor variance determines the request would not be incompatible with the safe operation of the Airport or an aircraft. Prior to granting an amendment or minor variance from this By-law, the approval authority may, at its discretion, consult with the Minister of Transport as permitted by s.3 of the Agreement.

10.2 An applicant for an amendment or minor variance may be required to undertake an aeronautical assessment, according to approved industry standards, in order to make a determination pursuant to section 10.1.

Administrative Powers and Duties

11.1 The Municipality is responsible for administering and enforcing this By-law and in so doing has the authority to create or issue forms, procedures, protocols, requirements and guidelines in relation to this By-law.

11.2 The Municipality may at its sole discretion delegate any or all responsibilities, duties and powers created by this By-law, to any other Municipal employee, including the Chief Building Official.

Entry and Inspection

An enforcement officer appointed by the Municipality may, pursuant to the Act, enter upon any property to which this By-law applies to inspect for the purposes of determining compliance with the provisions of this By-law.

Offences and Penalties

13.1 Violations and Penalties

  • Every person
    • (a) who contravenes any of the provisions of this By-law, or
    • (b) who is the owner of any land used or of any building or structure erected, altered, enlarged or used in contravention of this By-law, or
    • (c) who causes or permits any land used or of any building or structure erected, altered, enlarged or used in contravention of this By-law, or
    • (d) who is the occupant or owner of any land used or of any building or structure erected, altered, enlarged or used in contravention of this By-law
  • is guilty of an offence and upon conviction liable,
    • (i) on a first conviction to a fine of not more than $20,000.00, and
    • (ii) on a subsequent conviction to a fine of not more than $10,000.00 for each day or part thereof during which the contravention has continued after the day upon which there was a first conviction;
  • provided that if a corporation is convicted under this Subsection 13.1, the maximum penalty that may be imposed is,
    • (iii) on the first conviction, a fine of not more than $50,000.00, and
    • (iv) on a subsequent conviction to a fine of not more than $25,000.00 for each day or part thereof during which the contravention has continued after the day upon which the corporation was first convicted.

No written submissions from public were received. Deputy Mayor Martyn asked if there were any crop restrictions on the properties in the restricted areas. The answer was that there are no restrictions on what crops farmers can grow.
The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

Adjournment


Last Updated: Wednesday, 10 October 2018 07:31:51 AM EST

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