Proposed Zoning Amendments

Timing of required Zoning Amendments

The City of Ottawa is preparing a New Zoning By-law, scheduled to be completed in 2025, to ensure conformity with the approved new Official Plan.

On February 22, 2023, City Council approved a motion directing staff to develop the zoning provisions for renewable energy generation facilities (in accordance with Section 4.11 of the OP) in advance of the new Zoning By-law.

The need for an expedited process is due to overly broad permissions for energy sector infrastructure in the existing zoning by-law, coupled with new requests for proposal (RFP) by the Independent Electricity Systems Operator (IESO) to initiate new energy projects in Ontario. The IESO RFP process is geared towards independent projects that would not be exempt from zoning under provincial legislation. There is, therefore, an advanced need for zoning provisions to ensure that upcoming development proposals will be in compliance with OP policy.

Interim Zoning Measures

Prior to the release of the draft REGF provisions in fall of 2023, to ensure that REGF applications currently being filed with the IESO are not approved under the broad permissions for ‘Utility Installations’ in the Zoning By-law (which would be inconsistent with the new Official Plan), an interim zoning by-law amendment to define REGF independently from other types of Utility Installations was approved by Council on with the new land use definitions being as follows:

Utility installation means the equipment used to make or deliver a utility product, commodity or service and includes the actual building, plant, works, utility line, tower, relay, pedestal, and may also include a storm water management facility, but excludes antenna systems and renewable energy generation facility

Renewable energy generation facility means a facility as defined in the Electricity Act, 1998, S.O. 1998, C. 15 Sched A, and not exempt under section 62(1) of the Planning Act, R.S.O, 1990, c. P.13..

Note that the use ‘renewable energy generation facility’ was not added as a permitted use to any zones at the time of the interim amendment. Staff have been involved in IESO consultation efforts and the temporary removal of REGF uses from land use permissions in the Zoning By-law is not anticipated to affect timelines for potential projects advancing through the IESO RFP process.

Zoning Intent

It is not the City’s intent to duplicate the provincial approvals process for renewable energy generation infrastructure. Rather the focus of the proposed zoning by-law amendment is to build upon existing provincial review processes to address local land use compatibility concerns and direct such development to the most appropriate locations within the parameters directed by the Official Plan.

Energy generation and storage infrastructure is not something that has previously been regulated by municipalities and requires thoughtful consideration of potential impacts from local considerations of potential land use conflicts, to the energy, resiliency, and climate impacts that may be associated with limiting opportunities for new energy generation projects.

The City will not be conducting, evaluating or commenting on independent health and safety research with respect to renewable energy infrastructure. Staff will be looking to the expertise and direction provided by the Ministry of Public Health, Ministry of Environment, and the Ministry of Energy in incorporating health, safety, and environmental considerations that may be associated with renewable energy generation and storage infrastructure into zoning and/or other potential municipal review processes such as Site Plan Control.

Zoning Drafts

Zoning provisions being developed for energy generation and storage infrastructure will not outright preclude any of the potential uses in the city. Provisions will be focused on establishing the following for various types of energy generation and storage infrastructure in the city where they do not outright preclude any of the potential uses:

• lot coverage standards
• minimum setbacks
• screening requirements
• maximum heights

Provisions are being developed in a manner that is consistent with the Official Plan and ensures locally-sensitive opportunities for new REGF developments.

Public and Stakeholder Input

Public and stakeholder input is an important part of developing locally-sensitive zoning provisions. In meeting the directives of the Official Plan, public and stakeholder input is recorded and considered carefully. Staff have received numerous constructive comments from public and industry stakeholders to date and encourage continued feedback and participation in this process. Every effort will be made to incorporate feedback and requests submitted into the upcoming amendments, to the extent possible within the framework of the Planning Act, and meeting the directives of the Official Plan.