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18-Geom-B6 Land Use Planning and Environmental Management · May 2015

Question 1 of 7: Objectives, Purposes and Nature of Land-Use Zoning

Nivaar worked solution (AI-drafted; not reviewed by a licensed engineer)

Notes on this paper

National Exams, May 2015 — 04-Geom-B6, Land Use, Planning & Environmental Management. Three hours; closed book (any non-communicating calculator permitted). Format: seven questions of equal value (20 marks each); the paper directs that answering any five (5) of the seven constitutes a complete exam (100%), and the first five as they appear in the answer book are marked. All seven questions are solved in full below so the set serves as a complete study resource. Answers are framed in the Canadian planning context (Statistics Canada’s census-geography definitions; the Canadian Institute of Planners; provincial planning legislation, official community plans and regional growth strategies), consistent with the Engineers Canada / EGBC syllabus for this exam.

Reference texts: G. Hodge & D. Gordon, Planning Canadian Communities: An Introduction to the Principles, Practice and Participants (Nelson, current ed.) — the standard Canadian reference for this exam code; I. McHarg, Design with Nature (1969) — the sieve/overlay method underlying GIS site analysis; J. Garreau, Edge City: Life on the New Frontier (1991); Statistics Canada, Census Dictionary (population centre, census metropolitan area and census agglomeration definitions); Canadian Institute of Planners (CIP) materials; World Commission on Environment and Development, Our Common Future (Brundtland Report, 1987); provincial planning statutes (e.g., Ontario Planning Act, R.S.O. 1990, c. P.13; British Columbia Local Government Act) and representative official community plans / regional growth strategies (Metro Vancouver, the Greater Golden Horseshoe Growth Plan).

Note on Canadian census terminology

Question 4 uses the exam’s terms “urbanized area” and “metropolitan area.” In current Statistics Canada usage the closest official equivalents are the population centre (which replaced the older term “urban area” in 2011) and the census metropolitan area (CMA). The answer uses the official Canadian terms and notes the correspondence, rather than importing the U.S. Census “urbanized area” definition.

Question 1: Objectives, Purposes and Nature of Land-Use Zoning (20 marks)

Question text not reproduced: the examination questions are © Engineers and Geoscientists BC. Open the official past paper (linked at the top of this page) to read the question, then follow the worked solution below.

Zoning is the principal legal instrument of land-use control in Canada. Enacted as a municipal bylaw under provincial planning legislation, it divides the municipality into districts (zones) and, for each, prescribes the permitted uses and the dimensional standards that govern how land may be developed. It is the main tool by which the policy of the official community plan is made enforceable.

The nature of zoning. Zoning is regulatory and legal in nature — it is a bylaw, binding and enforceable, not merely advisory like the policy plan it implements. It works by districting: the territory is divided into zones (residential, commercial, industrial, institutional, agricultural, open space, and mixed or special districts), and within each zone the bylaw specifies (i) the permitted (and conditional) uses and (ii) the dimensional/development standards — height, density or floor-area ratio, lot size and frontage, setbacks (front, side, rear), lot coverage, and parking and landscaping requirements. It must conform to and implement the official community plan, and it operates within a system that includes provisions for legal non-conforming (grandfathered) uses, minor variances (via a committee of adjustment / board of variance), rezoning amendments, and appeal.

The purposes and objectives of zoning. Zoning exists to serve several linked public purposes:

Implement the official plan. Its foremost purpose is to translate the general policies and land-use designations of the community plan into precise, parcel-by-parcel legal rules, giving the plan practical effect.

Separate incompatible uses and prevent nuisance. By assigning uses to appropriate districts and keeping incompatible activities apart (heavy industry away from housing), zoning protects each area from the noise, traffic, odour and safety conflicts of adjacent uses — the original public-health-and-nuisance rationale.

Protect health, safety and welfare. Dimensional standards secure light, air, privacy, fire separation and open space, and use restrictions keep development off hazard lands (floodplains, unstable slopes) — safeguarding the health and safety of occupants and neighbours.

Control the intensity and form of development. Height, density, FAR, coverage and setback standards regulate how much is built and its bulk and placement, so that infrastructure is not overloaded and a coherent streetscape and community form result.

Stabilise and protect property values and expectations. By making the permitted development of each area predictable, zoning gives owners and investors certainty and protects established neighbourhoods from unexpected incompatible change.

Guide orderly growth and efficient servicing. By steering the location and intensity of development, zoning helps ensure growth is compact and can be economically served by roads, water, sewer and transit, and reserves land for public and future needs.

In short, zoning is a legal, districting-based regulatory tool whose nature is to prescribe permitted uses and development standards zone by zone, and whose purpose is to implement the official plan by separating incompatible uses, protecting public health, safety and amenity, controlling the intensity and form of development, providing certainty, and guiding orderly, efficiently serviced growth in the public interest.

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