Mayor’s Monday Mailbag – March 21, 2022 – Can the City do Anything to Accommodate Accessible Parking in Older Buildings?

Welcome to the Mayor’s Monday Mailbag, an initiative Burlington Mayor Marianne Meed Ward and the Mayor’s Office has launched to share weekly answers to questions from the public we’ve received through our main email inbox at mayor@burlington.ca or the Mayor’s social media platforms.At the end of the month, we’ll publish a roundup of those most pressing questions we’ve received in the weeks prior.Mayor’s Monday Mailbag – March 21, 2022QUESTION:“According to City of Burlington bylaws, older buildings that were approved before 1994 don’t have to have specific parking spaces allocated for residents with walking concerns and who have accessibility permits – can the City do anything to remedy this?”ANSWER:Accessible parking in the City of Burlington was introduced to the Zoning Bylaw in 1994 under By-law 4000-837 that was enacted on Nov. 28, 1994. Zoning didn’t regulate accessible parking before this.According to Provincial legislation, updates to the Zoning Bylaw cannot be applied retroactively to a property.If a development application is received for an addition to a building that predates the 1994 Zoning requirement for accessible parking, the City would only be able to calculate required accessible parking based on the number of new parking spaces that the proposed new addition to the building requires.The City encourages property owners to update their sites to current Zoning standards for accessible parking, but we cannot compel them to do it outside of a development application.If someone wants to convert two existing parking spaces to a single accessible space, they would be reducing overall parking in the City and that could conflict with the minimum required by the Zoning Bylaw. They would need to ensure there is a surplus amount of parking spaces on site before doing that.The Zoning Bylaw is not fully up-to-date with Accessibility for Ontarians with Disabilities Act (AODA) requirements and this will be looked at through the City’s upcoming comprehensive review of the Zoning Bylaw.In December 2021, Ontario's Minister for Seniors and Accessibility established the Design of Public Spaces Standards Development Committee to undertake a review of the Province’s accessible built environment standards in regulation under both the AODA and the barrier-free accessibility requirements in the Ontario Building Code. The committee is expected to begin work in early 2022 and continue into 2023. The proposed recommendations will be posted for public review and comment.Additionally, in February 2022, Rich Donovan -- a global expert in business development issues involving disability and accessibility -- was appointed by the Province to lead the fourth legislative review of the AODA. The review will focus on potential changes to improve the AODA and how to support better compliance and enforcement.  The public will be invited to provide feedback prior to its completion by June 30, 2023.More information can be found at Accessibility: legislative reviews, committees and councils.For more on the City’s parking regulations, click here: https://www.burlington.ca/en/zoning/part_1_2_general_provisions.asp -- go to Section 2.26 for the applicable regulations related to parking space size and accessibility.RELATED LINKS:

• Mayor’s Monday Mailbag – March 14, 2022 – In Light of the Province Lifting its Mask Mandate in Most Settings, What are the Rules in Halton & Burlington?
• Mayor’s Monday Mailbag – March 7, 2022 – What’s Happening With Burlington’s Private Tree Bylaw — Any Updates?
• Mayor’s Mailbag – February 2022 Roundup – Virtual Meeting Participation, Neighbourhood Community Matching Fund, & Accommodating Growth in Halton
• Mayor’s Mailbag – January 2022 Roundup – Parks’ Upgrades, Windrows When Snow Clearing

—*Posted by John Bkila, Mayor’s Media and Digital Communications Specialist