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HomeMy WebLinkAbout2021-11-30 SpecialClar*wn Special Planning and Development Committee Post -Meeting Agenda Date: November 30, 2021 Time: 7:00 p.m. Location: Council Members (in Chambers or MS Teams) I Members of the Public (MS Teams) Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at Iatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality's website, www.clarington.net/calendar Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive *Late Item added or a change to an existing item added after the Agenda was published. Pages 1. Call to Order 2. Land Acknowledgement Statement 3. Declaration of Interest 4. Presentations/Delegations 4.1. Presentation from Amy Burke, Senior Planner and Tracey Webster, 3 Principal Planner, Regarding Report PDS-062-21 Zone Clarington — Second Draft (Rural) Zoning By-law. 4.2. Ken Best, Best Universe Inc., Regarding Report PDS-062-21 Zone Clarington - Second Draft (Rural) Zoning By-law *4.3. Peter Thorne, Regarding Report PDS-062-21 Zone Clarington - Second Draft (Rural) Zoning By-law *4.4. Libby Racansky, Regarding Report PDS-062-21 Zone Clarington - 16 Second Draft (Rural) Zoning By-law *4.5. Gord Robinson, Regarding Report PDS-062-21 Zone Clarington - Second Draft (Rural) Zoning By-law 5. Planning Services Department Reports 5.1. PDS-062-21 Zone Clarington — Second Draft (Rural) Zoning By -Law 23 *5.1.1. Correspondence from Vera Spange-Koukidis, Peter Koukidis, 274 Paul Koukidis, and Eleni Koukidis, Regarding Report PDS-062- 21 Zone Clarington - Second Draft (Rural) Zoning By-law *5.1.2. Correspondence from Marlene and Ron Kuzenko, Regarding 275 Report PDS-062-21 Zone Clarington - Second Draft (Rural) Zoning By-law 6. Adjournment Page 2 Zone Clar*lngton-. Second Draft (Rural) Zoning By-law November 30, 2021 Background Guiding principles: > Implement the Official Plan, helping Clarington to develop and thrive > Modernize and improve usability of the Zoning By-law > Respect our unique mix of urban and rural communities ZONE Clarington Rural Area Phase ZONE Clarin�n Urban Area Phase ............• Oak Ridges Moraine Boundary 0j First Draft Zoning By-law (November 20`18) Key features: • New and revised definitions • Implements strengthened provincial policy to protect significant environmental features • Clearer rules on where agriculture -related uses are permitted • Permissions for a wider range of secondary on -farm uses • New regulations to protect people and property from natural hazard lands • Clearer zoning for small rural residential (RR) lots • New permissions for secondary apartments in RR and Agricultural zones • Improved layout and organization Page 5 Municipality of Clarington Zoning By-lawXXXX-XX Draft November 2018� AR�n[k�arx ci kla^^P�m rLmmrp 9cnx repo A gyp! A A RR RR -RR . RR �.. A 'EP f `= A �. EP ap RR: A y �M1 A �' A AJ .� Natural Heritage Systems Natural heritage features and areas: are features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River), habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. (Provincial Policy Statement, 2020) Natural hazards: includes hazardous lands adjacent to the shorelines of the Great Lakes, and hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding, erosion, and/or dynamic beach hazards (Provincial Policy Statement, 2020) w pi� Council Direction — December 2020 Resolution #C-512-20: That Staff be directed to bring forth report together with a draft zoning by-law amendment which: i. Retains the EP zoning in place prior to the zoning by-law review; ii. Includes schedules from other authorities as additional information in the zoning by-law listing applicable land use regulations; iii. Contains advisories with respect to the obligations to comply with land use controls of external agencies. Page 7 _ Agd-F., d l-idcnfal O Z-ing _Cao ml uSll'y f—� sentrcrxarea _ Caorrcniry Um R-i—Rrea —j a,rd ❑user _ Fevvnn I Prm m � Miri.— Vegelafon Pratecfon 7.'ie� _ F..- D—hp— ® p Ofs.d" Okild, M—im S—rd, — U4 ��A Aggregae E—icn ge - Commayu- A —Y �CMk F§d T, MQ ne B mdery Enrenm�f�al P—f.. jEp .'®c A9Pa6�e E—a. — piwil e f'1'1c �c}r'mmsl. ® ibgihmry.5raefne Area lkik Y �Z iq R.md, — ewvia— W Section 3 3.7 Natural Features General Development Provisions 3.7.1 Lands containing Natural Features and their vegetation profeefion zone listed in Table 3-3 we subject to i'ie permi"ed Eses and -eaLIIations forihe Environme6datio -r ;=F`: Zone co-daiiecl ,I-, 3an-icn 11 IMe J-3; Natural Features 7Habigialdangered species and threalened species Fish trabdalf We€fends Areas of natural and' scienfff.rc interest (ANSIs) Significant yy,( Significant woodlands Sign ficanl waldfite habitat Rare Vegetation communities, including sand barrens, savannahs, lallgrass prairies and afvars BeachfBluff 'atercoarse Seepage areas avid springs We ands 3. r.2 Natural features trai irc uce _roVI11:- a I,: � : rn omit e. ,:res arcs areas or natural arid seie r`,v ,.,.sfss, .. ,,',31s:: ary dspivtec 7 S:•i.::L.13 v. 3.7.3 Natural features and their vegetation Frotectror, z:— 'i I c3 -),a pped as Environmental Prolection (EP) by a Municipaih; iri.daiec Zcri ig By-law Amendment when their limits have been determined through Site -Specific development applications. 3.7.4 The precise extent of natural features and the vegeh9ban protection zone wil be determined atihe time of development andlorsite aiUeraliorr- development and,oF Pete s! eta ;oM-ccaiev %-J'Yr `2D metres or a natural feature may require revie'o cf applicable -iechnicai Studies a n c;o.r consultation with the Consermlhon Authority or other authorities, as appropriate - Municipality ofCfanngton I Zoning ByaawXXXX-XX Draft November 2021 Section 3 General Development Provisions 3.3 Natural Hazards 3.3.1 Lands containing Natural Hazwds are subject to the permitted cases and regulations for the Environmental Protection CEP) Zen a contained in Section 13. 3.3.2 �'! � _a~'s ;re ahcv.,r on Schedule F. The precise extent of nwurai FvzEr s wid toe determined at the lime of development and)or sips ¢iteration. T-i s may require review of applicable technical studies andlor consultation with thaConservation Auftha tyoroiherauthorities. asappropriaie. 3.8.3 No new buMings or structures shall De permitted on lands determined is be lands subject fo naluraf hazards, save and axcepl for those bLefldfogs a structures required for flood andlorerosion control which are approved by the conservation authan'ty and the Munfcajoaiity. 3.8.4 New development and site afteration is prohibited within a natural hazard except with the prior written approval of the f unicapaRy and in accordance with a permit as may be issued by the conservation auff?o* having jurisdiction- 3.8.5 Natumf hazords%vilf be incorporated irrtolhe EnAmnmenfaI Protection (EP) zone by a `,lunici-oa I-.: in tiated tcnin.j B-,-Ia.wAmendmert %-;I-e-i'.heir limits have beer. da-af-n I,ec -n•.D-I.jn Si- a -Specific development a1_131 cations. 3.0Non-Conforming BuiICliIlgS. Structures and Uses 3.5 ' Plcthing ir'n s B :-la., prevents the use c. a r.: ;v.. c ,rv,Ft, cr s,;'�:.r1• v fo• an'{ 1,L.rpcse :ict pern•i-1vd by this B -Iarf ii suc7,ot 3 -D, t;as la-, `_i I-.: ;asedfar:st =h purpose an the date oflhe pasaira of this E-:- ati::. pro idcy ii sor'inues to be used for that purpose. 3.8.2 Nothi ig it -n s By-law prevents the rebuilding, repair or aliaraiion of any fegai nova-, :,: ---!-: ;jarYdiap or structure, provided Ihat the dni,nsions of the beri�oift; cr �vr�re are not increased, and the yards are not reduced, except in conforin.ty '.v.tl. this By-law. I� �J 3.10 Aoquisition bya Pu hi ic. Audxxity 3.10-1 No existing foot, boding or drucfure shal be deemed to h ave came irdo corill raver ti3n vii'h any regulations or prGvisicns of this B,,-'at: by reason that an v part of oar.s of tine :a, Has or ha•:e deer ccli veyed -o cr avcuired by any pubUc avtl onty. 3.10-2 Section 3.11.1 shall not apply where the conveyance +af ar,: part of the lotto an,. ;, c sis required as a corldi'icn of at) orovaI ecl-I rad for the c'ea-icn of a o., s;here tl-e- cI,sif-I.- tion cf a rep, , 1 - : s, :I, � 1-or accii on 1 aburfdirrgwould fur.naf nc•ease tl-e exter- o• cleg,ee --f ncn- c-D 7fo miity. Page 3-5 Municipality of Clarington I Zoning ByaawXXX -X Ppge 9 Draft November 2021 Page ;f-b Other Schedules Conservation Authority Regulated Areas Floodplains Natural Hazards Greenbelt Natural Heritage System Provincially Significant Wetlands Areas of Natural and Scientific Interest Core and Linkage Areas Landform Conservation Areas High Aquifer Vulnerability Areas Wellhead Protection Areas Oak Ridges Moraine Boundary > Greenbelt Area Boundary Page 10 .�....isa.�ti.. WL ®'�'�ipni.cah Sgafsaiiwwrir. Uraft2 Zoning By-law � SCheduleG2 Clarington East a.d oM.e Mom„ 0IGlometr�e jai n+.R..arw...a norem uer, xa xi Site Plan Contro • Is a land use planning tool that regulates development. It allows for approvals of drawings and technical studies for a proposed development. It has been used on the Oak Ridges Moraine to obtain technical studies for development in or near a natural feature, where necessary. • 64 Site Plan applications on the Oak Ridges Moraine since 2015. Projects included barns, garages, new homes, additions and pools. • Only 6 required a technical study • Technical studies were only required for sites where development was occurring within a natural feature Site Plan Approval not proposed where a technical study is not required. Page 11 Proposed Residential and Agricultural Development Process 1. Contact the Planning and Development Services Department to explain your project idea. 2. Planner looks at mapping to explain Provincial, Regional, Local and Conservation Authority requirements that apply. This will include looking at natural feature and hazard mapping, and air photos. 3. If your project idea is not in or near a natural feature or hazard, you will be advised how to apply for building permits. 4. If your project idea is in a natural feature or hazard and it appears that there is the ability to adjust the location away from those areas, the Planner will discuss that with you. 5. If your project location cannot be adjusted and there are permissions for it to continue, the Planner will contact other agencies and departments to identify and communicate the requirements for approvals. 6. If your project needs a technical study, you will be required to submit a site plan application. The Planning Department and applicable departments and agencies will let you know what plans and technical studies are required. Page 12 ntroduction & Advisories planning act greenbelt act official plan oak ridges moraine conservation act provincial policy statement - oniario uuiLding code places to grow act site plan control conservation authorities act site alteration by-laws Page 13 PDS-062-21 Recommendations 40 Preparation of a Municipally initiated Zoning By-law Amendment for a new Rural Area Zoning By-law • Preparation of a draft amendment to the Site Plan Control By-law • Initiation of an enhanced public consultation process • One-time notice mail out to all Rural Area property owners Page 14 Tracey Webster, Principal Planner T: 905-623-3379 ext. 2415 Amy Burke, Senior Planner T: 905-623-3379 ext. 2423 www.clarington.net/ZoneClarington ZoneClarington@Clarington.net M a on ZONE Clarington Page 15 Patenaude, Lindsey From: Libby Racansky <libbyrac@gmail.com> Sent: Sunday, November 28, 2021 6:32 PM To: Gallagher, June Subject: My speech to Zoning and PP Attachments: siltation to second marsh.GIF EXTERNAL Dear June, could my speech be sent to Council, please? Libby Racansky Thank you to the staff for the extensive reports on Rural Zoning. Slidel. Rural Zoning will have an effect on adjacent lands of urban settlement. Actually, it already does in the case of Harmony, Farewell and Black Creeks watershed. Today, I would like to make sure that a special feature on which this watershed is located, the Former Lake Iroquois Shoreline created here thousands of years ago during Wisconsin glaciation, will be protected in order to assure safety and health of current and future generations. On the left side of the screen you can see mapping of the LIS in pink colour within the GTA. It spreads out from Kingston all the way to Hamilton. The continental uplift of this glacial feature continues. Kingston is rising 30 cm per century with respect to Toronto. On the right side of the slide this feature location is mapped in green colour. It is a significant groundwater recharge area for the watershed mentioned above. On top of this sensitivity, it is located on a very high but shallow aquifer marked by blue colour. Yellow marker shows you the groundwater flow from NE to SW. The red colour depicts Hwy 418 that interrupted this flow significantly and with its impermeable surface diverted the flow from our wetlands to roads,parks and private houses.lt is not just Hwy 418 that is causing problems for the urban residents, it goes further east and north where new development occurs. See Slide 2. Plus the runoff from this elevated structure is creating a big marsh on its west side further intensifying flooding because it is not contained within a certain area as it should be. On the slide you can see flooding at the corner of Hancock and Nash. Also Black Creek, which used to be only 2 1/2 m wide, is now flooding housing units located on both sides of the bank. Flooding and siltation in Creeks completely ruined cold fisheries all the way to Oshawa Second Marsh (see the attachment). 1 Page 16 Slide 3. The Courtice and Darlington Ward area is very sensitive to changes; its unconfined aquifer is underlain by clay (of light grey colour) that causes flooding at some areas and/or dryness in others,when seepages are affected by far away development within the rural or urban zoning. You can compare a normal aquifer with the aquifer in Courtice/Darlington on the right side of this slide prepared by Golder. Slide 4. Clarington Zoning must conform to Regional OP, their latest Envision and mapping, and PPS policies. I would have to use a minimum 3 additional slides to include all the mapping and policies. I am just using a slide depicting the Greenland System that should be protected. I would like you to notice point b) in section 4.8 of the Envision stating that the former Lake Iroquois Shoreline should be protected. It took our group a long time to persuade the Region that this area suffered already so much and that its ecological functions should be protected. In protecting the environment, we are protecting human health and overall community well-being and are building community resilience to the impacts of climate change, as per Rural Zoning document. Slide 5: From all the above included evidence, there is a need to protect the LIS, and two of the largest wetland Complexes, for their hydrological functions in Rural Zoning. Aquifers are the only source of cool clean water. I am urging our Council to do the same for the urban dwellers as you are doing for the rural ones. It is your duty to do so. More, if there is time: Many other countries, especially Europe, are promoting so many good ideas for their farmland like vertical growing of vegetables and fruit in greenhouses that do not use much land, energy or water. This may be the only farming in the near future. I know it from my own experience with growing fruit, vegetable in these unfavorable climate conditions.) didn't get much or any fruit, vegies, nuts or berries lately. Even the hedgerows are recognized as an important ecosystem in their own right. They form a vital reservoir of biodiversity in human -dominated landscapes where many species might otherwise struggle to survive. By nurturing pollinating insects, they can enhance the yield of crops. And they do it all while pulling carbon out of the atmosphere. Libby Racansky Member of FOF, Society of United Professionals and Durham Climate Thankyou z Page 17 PDS-082-21 Rural Zoning Affecting Urban Dwellers Former Lake Iroquois Shoreline MUST be protected Continental uplift continues: Kingston is rising at the rate of about 30 cm per century with respect to Toronto, fed study ......... ------------------- - p:r' onsualo Rulh[krity I4I4 ry I y..- 111 j nor er n .o r c r[.rr a rwN nr I [ _r.r".M..� �. ry N r+F .cr l[iN. y _ Wflff+sv j'��IhWh{ •�# ^Yrry rry �Fy I. E ti. �1! . . F... `.ry�. ... _..�.�...._ ... _ . • r .eat Page 18 'k's OW ,. r'�` . a � 1 � �a�,�1 i gg A.M ,1,li' l-.0 if I Especially Courtice and Darlington Ward area is very sensitive to changes; its unconfined aquifer is underlain by clay that causes flooding or at some area dryness when seepages are affected by far away development B.: BATH-PJS EFFECT I-'. 'LkA chw. U� rid mi.r I bLdl. w,; m-L3:m&.Lrp. J— i �k I= Z Z- Z 3C W.Vrdj w&- &a hom a r}� ­,%cIV --r. T.r K Z ff,� L73 reardW P—.�I ki 0.�- 3-�— dkw- 31 _ IZ .;L L.I., L k. L -,AQ: !-a rrAh— ni iqft Lkj iqjn—d bmh� Sul-- dy Ih. ;;,� J--p— It— 2-IL' n d-p:kle. . ­h:— Zh* T T Page ' LI CLAY Nanm4l Aquirer Sysbain L�d3l AqiikfRr SVQ-e4n,.r Clarington Zoning: OP must conform to Regional and PPS Protected Greenlands System 4.18 The current Greenlands System comprises approximately 40 per cent of the region's land base - weaving through both the Urban and Rural Systems. It contains areas with the highest concentrations of sensitive andlor significant natural features and functions, agricultural and rural lands. Examples of proposed policy directions that would support a protected Greenland's System include: a. Recognizing Traditional Ecelegieal Knowledge in understanding sites and ecological features and in assessing cumulative impacts; b. Establishing a water resources systern that includes ground and surface water features and areas, the Lake Simcoe watershed boundary and former Lake Iroquois Shoreline; G. Ensuring conservation authorities, area municipalities and other stakeholders consider climate change and the effects of severe weather events and cross - watershed impacts while preparing and updating watershed plans, d. Seeking to reduce stormwater runoff volume and pollutant loadings within Designated Urban Areas in the Lake Simcoe watershed, in accordance with the Lake Simcce Protection Plan-, and e. Requiring new development and redevelopment to incorporate native and drought tolerant vegetation. Page 21 LIS two largest wetland Complexes should be protected for their hydrological functions Aquifers are the only source of cool clean water How is land use regulated, and why? Ontario has a wealth of natural heritage resources, including water, ecological, mineral, and archaeological resources that provide "important environmental, economic and social benefits;' as outlined in the Provincial Policy Statement. In protecting the environment, we are protecting human health and overall community well-being and are building community resilience to the impacts of climate change. Y Z�n c� ag ram._. Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 30, 2021 Report Number: PDS-062-21 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: PLN 40 Resolution#: Report Subject: Zone Clarington — Second Draft (Rural) Zoning By -Law Recommendation: 1. That Report PDS-062-21 and any related correspondence items, be received; 2. That Council direct staff to initiate the public consultation process, including the holding of Open Houses; a Statutory Public Meeting; and the preparation of a Municipally initiated Zoning By-law Amendment for a new Zoning By-law applicable to Clarington's rural area; 3. That Council direct Staff to prepare a draft amendment to the Site Plan Control By-law, concurrently with the Zoning By-law update, for the purposes of regulating development within or in proximity to natural features; 4. That Council direct that notice of the Open Houses and for the Statutory Public Meeting under the Planning Act be given according to the regulations under the Planning Act and the enhanced consultation program as identified in this report; 5. That in addition to the Planning Act requirements and the enhanced consultation program in this report, Staff prepare and mail a one-time project Information Sheet to all property owners within the rural area, as identified in Section 5.5 of this report; and 6. That all interested parties listed in Report PDS-062-21 and any delegations be advised of Council's decision. Page 23 Municipality of Clarington Report PDS-062-21 Report Overview Page 2 The Planning & Development Services Department is undertaking a comprehensive review of Clarington's zoning by-laws to implement the objectives and policies of the Official Plan. This comprehensive review will result in a new, consolidated Zoning By-law applicable to the entire Municipality. In December 2020, Council directed staff to resume work on the Rural Area Zoning Phase of the Zoning By-law review project, which had been placed on hold in October 2019. In doing so, specific instruction was given by Council on how to proceed. The purpose of this report is to report back to Council in accordance with their direction, and to seek Council's direction on next steps for the Rural Area Zoning Phase of the project. This report provides a brief review of the history of the Comprehensive Zoning By-law Review Project to date and the key comments heard in response to the release of an initial draft zoning by-law in November 2018. It includes a revised Draft Zoning By-law for Clarington's rural areas, a proposed Site Plan Control By-law, and an explanation of the regulatory approach taken to address Council's direction. An overview of public comments, and requirements for conformity with Provincial, Regional, and local policy, including the requirements for environmental protection, are provided. The report recommends that Council direct staff to initiate a Zoning By-law Amendment for a new Zoning By-law applicable to Clarington's rural area, coupled with an amendment to the Site Plan Control By-law. In accordance with the Planning Act, consultation with the public on a proposed new Zoning By-law will be required. Options are provided for Council's consideration relating to providing notice of the Zoning By- Amendment and associated public consultation opportunities. 1. Introduction 1.1 On December 14-15, 2020, Council passed Resolution #C-512-20 relating to the rural portion of the Municipality's Comprehensive Zoning By-law Review Project and amendments to Clarington's Official Plan (Attachment 1). Specifically, the zoning by- law related direction from Council requested: That Staff be directed to bring forth [a] report together with a draft zoning by-law amendment which: i) Retains the [Environmental Protection] zoning in place prior to the zoning by-law review, ii) Includes schedules from other authorities as additional information in the zoning by-law listing applicable land use regulations; iii) Contains advisories with respect to the obligations to comply with land use controls of external agencies. Page 24 Municipality of Clarington Page 3 Report PDS-062-21 1.2 The purpose of this report is to respond to the Zoning By-law matters provided in Resolution #C-512-20 and seek Council's direction on next steps for the Rural Area Zoning Phase of the Municipality's Comprehensive Zoning By-law Review Project. In accordance with the Planning Act the implementation of a new Zoning By-law for Clarington requires public notice and consultation, the outline of which is provided later in the report (See Section 5.4). Staff note that the directions of Resolution #C-512-20 relating to amendments to the Clarington Official Plan are being addressed separately through the Official Plan review that will be initiated in 2022. 2. Background Zoning By-law Review Approach 2.1 Report PSD-060-17, dated September 11, 2017, outlined the background and review process initially set out for Planning & Development Services to undertake a comprehensive review of Clarington's Zoning By-laws. In Clarington, two Zoning By- laws are currently in place. Zoning By-law 84-63 regulates the development of land between Lake Ontario and the Oak Ridges Moraine and Zoning By-law 2005-109 applies to all lands that are located on the Oak Ridges Moraine. The Zone Clarington project was initiated to review, consolidate and update (where appropriate) municipal zoning regulations into one, new, Comprehensive Zoning By-law that conforms with and implements the Clarington Official Plan. 2.2 The review was generally divided into two phases, rural area zoning and urban area zoning, with the Rural Area Zoning Phase occurring first. The Rural Area Zoning Phase encompasses all lands within Clarington that are located outside of the urban areas of Bowmanville, Courtice, Newcastle Village and Orono. Lands subject to the Rural Area Zoning Phase are shown in Figure 1. 2.3 While the initial work plan for Zone Clarington presented in report PSD-060-17 envisioned separate recommendations to Council for the rural areas zoning and urban areas zoning, this approach was revised early in the project as described in report PSD-082-18, dated December 10, 2018. The revised general work plan is shown in Figure 2. Page 25 Municipality of Clarington Report PDS-062-21 ZONE Claringtor Rural Area Phase Page 4 = ZONE Claringtor Urban Area Phase ............• Oak Ridges Moraine Boundary Figure 1 — Land area subject to Rural Area Zoning Phase Page 26 Municipality of Clarington Report PDS-062-21 Page 5 Project Rural Urban Zoning Monitoring & Initiation Area Area Zoning By-law 11111, Maintenance • Create work plan • Communications and engagement strategy • Official Plan/ Planning Act conformity analysis • Key issues survey • Review of layout and format • Zoning issues and analysis • Research • Minor variance review • Zoning issues and analysis • Research • Minor variance review • Special exceptions • Special exceptions analysis analysis • Information sheets created • Update mapping • First Draft Zoning By-law regulation • Public open houses • Information sheets created • Update mapping • Second Draft Zoning By-law regulation • Public open houses • Third Draft Zoning By-law regulation • Statutory public meeting • Recommendation to council • Implementation Figure 2 — Zone Clarington general work plan • Continued monitoring and maintenance of the Zoning By-law 2.4 Broad public engagement and consultation was planned to occur throughout all phases of the project including, as shown in Figure 2, the release of three draft zoning by-laws and multiple rounds of public open houses prior to holding the statutory public meeting required by the Planning Act. The original public engagement and consultation program is described in Community Engagement Summary Report #1 available on the Zone Clarington webpage(www.clarington.net/ZoneClarington). First Draft Zoning By-law (November 2018) 2.5 On November 14, 2018, the first draft of Clarington's proposed new zoning by-law was released for public comment. The November 2018 draft zoning by-law presented proposed general regulations, definitions, and zone mapping for Clarington's rural area. This was the first of three draft versions planned to be released. 2.6 Section 3.0 of Community Engagement Summary Report #1 describes the communication and consultation activities that were carried out to notify the public of the release of the November 2018 draft zoning by-law, share information and tools to support the public's understanding of what was being proposed, and provide opportunities for the public to review, ask questions and submit feedback. In addition, in November 2019, a letter of notice about the zoning by-law review project was mailed to all rural property owners (approximately 5,500 addressed mail outs), as directed by Council. 2.7 Upon release of the November 2018 Draft Zoning By-law, Council heard concerns from Clarington landowners who believed they were not properly notified of the review and release of the first draft. Some landowners also expressed concern about the extent of Page 27 Municipality of Clarington Report PDS-062-21 Page 6 and protections afforded to Clarington's Natural Heritage System, in particular in comparison to Zoning By-law 84-63. A few were also concerned that natural features mapped were not present on their property, while others acknowledged the presence of natural features, but felt that the limits needed to be adjusted. In addition, some landowners interpreted the proposed Environmental Review Area overlay, which was intended to flag where an environmental evaluation/study may be needed, as being part of the Environmental Protection (EP) zoning. These concerns were interpreted as having the potential to negatively impact property value and limit the ability to farm or develop rural properties. A summary of comments received on the November 2018 draft zoning by-law is found in Section 4.0 of Community Engagement Summary Report #1. Proposed Approach to Protect Natural Features 2.8 To ensure conformity with Provincial policy, the November 2018 Draft Zoning By-law proposed to protect significant natural features within the Environmental Protection (EP) Zone. The mapping of the natural features was based on the Natural Heritage System set out in the Clarington Official Plan, which was mapped in conformity with the Durham Region Official Plan and Provincial policy. The proposed mapping showed a 30 metre Vegetation Protection Zone Overlay as part of the EP Zone and a 90 metre Environmental Review Area. Development proposed within the 90 metre Environmental Review Area required evaluation to demonstrate that there would be no adverse effect on the adjacent natural feature or its related functions, if and when development was to be contemplated. It was noted at the time that a similar approach had already been implemented in Zoning By-law 2005-109. 2.9 The Natural Heritage System is defined in Provincial policy generally as a network of interconnected natural features, such as wetlands, woodlands, valleylands, and watercourses, which contribute to the ecosystem services we depend on (e.g. pollination, soil retention, clean water, flood mitigation). The Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe (2020), Greenbelt Plan (2017), and Oak Ridges Moraine Conservation Plan (2017) all include prohibitions or restrictions on development within a variety of natural features and natural hazard areas (e.g. flood plains) that make up the defined Natural Heritage System. Depending on what and where the natural feature is, Vegetation Protection Zones, which are defined in Provincial policy, are also required as a buffer between development and natural features. 2.10 A sample map from the November 2018 draft zoning by-law showing areas both within and south of the Oak Ridges Moraine is provided in Figure 3. Attachment 2 provides a listing of significant natural features that comprise Clarington's Natural Heritage System and are protected for and formed part of the EP Zone mapped in the November 2018 Draft Zoning By-law. The intent of displaying this information was to clearly show what land may generally not be built upon and, within proximity to these non -development lands, where justification for a proposed development may be required. Page 28 Municipality of Clarington Report PDS-062-21 Page 7 �W Aai-k-A #;®dmfai p 7,ing - Cam i.1 my f 1 saz— - A,- - C.amnu" u— f,/� Enaoon.-IM ReM—Area C, 4,m1 O-W; ix�onmm�F PFob�on ff�� kin— Vegma!im P—don Zone O Ok Ridges Wr i- M-dry rve 6waeN °� Mm OFSxdy' '..lr:or RaoteOB.4 A39-9.r "*.cfim Figure 3 — Sample zoning map: November 2018 Draft Zoning By-law Page 29 Municipality of Clarington Page 8 Report PDS-062-21 2.11 The extent of the EP Zone shown in the November 2018 Draft Zoning By-law mapping was a significant change from the EP Zone mapped currently in Zoning By-law 84-63. For the most part, the EP Zone currently mapped in the rural portion of Zoning By-law 84-63 only covers what had been identified as flood plain when it was created nearly 40 years ago and therefore does not conform to Provincial policy. Recognition of the importance of conserving biological diversity and ecological functions is reflected in the Provincial policy framework to which zoning regulations must conform to ensure their protection. 2.12 Natural ecosystems, the geological features supporting them and resulting biodiversity are now commonly referred to as "ecological goods and services," such as food, clean air and water, erosion control, assimilation of waste and pollutants, carbon dioxide sequestration, climate change resilience, recreational opportunities, aesthetic value, etc. These services have significant social and economic values. To assist in protecting and perhaps restoring the health of the ecosystem, it is necessary to identify and protect a natural system in a manner than can be balanced with human needs. Directions of Council 2.13 On September 16, 2019, Council approved Resolution #JC-115-19, directing staff to "delete the Environmental Review Area (90 metres) and Minimum Vegetation Protection Zone (30 metres) from the Draft Zoning By-law amendment." 2.14 In October 2019, the Rural Area Zoning Phase of Zone Clarington was placed on hold indefinitely by Council. In December 2020, staff were directed by Council to resume work on the Rural Area Zoning Phase and given specific instruction by Council on how to proceed (Resolution #C-512-20). 3. Proposed Draft Zoning By-law (November 2021) 3.1 This section describes the requests made by Council in Resolution #C-512-20 (Attachment 1) relating to the Zoning By-law and the approach taken to address Council's direction. An overview of the proposed process that would be followed in reviewing a typical proposal to develop or alter a property is also provided for illustration purposes. 3.2 A revised Draft Zoning By-law, referred to as the November 2021 Draft Zoning By-law, is provided as Attachment 3. The November 2021 Draft Zoning By-law builds from the initial draft released in November 2018 and incorporates Council's direction. These changes to the proposed zoning regulations are shown as red -lined revisions. Consistent with the initial draft, it contains zone categories and mapping for Clarington's rural areas only. For Clarington's urban areas the proposed zone categories and mapping updates are under development and will be provided in a future draft. Page 30 Municipality of Clarington Page 9 Report PDS-062-21 3.3 Coupled with the November 2021 draft zoning by-law is a revised proposed draft Site Plan Control By-law (Attachment 4). The Site Plan Control By-law is a tool under the Planning Act that works with the Zoning By-law. It enables the Municipality to request technical studies where there is a potential impact on natural features and/or hazards from a proposed development. Essentially, a Site Plan is a drawing or set of drawings that illustrates the proposed development on a property. The Site Plan approval process promotes functional and attractive development, while minimizing adverse impacts on surrounding land uses, natural features, and natural hazards. 3.4 In addition to responding to Resolution #C-512-20, preparation of the November 2021 Draft Zoning By-law has considered public and agency comments submitted in response to the November 2018 Draft Zoning By-law and the results of other concurrent projects, such as the Recreational Vehicle and Trailer Parking and Storage Study and Council's consideration of the regulation of on -farm special events. Details on how submissions were addressed will be included as part of the next round of public consultation on the proposed draft zoning by-law for Clarington. 3.5 In preparing the November 2021 draft zoning by-law, staff have particularly sought to balance the concerns of landowners, directions of Council, and conformity with Provincial policy requirements for the protection of the Natural Heritage System and natural hazards. The approach considered by staff as the most suitable approach for Clarington was critically reviewed by Lehman & Associates, a consulting firm with extensive experience in municipal zoning. A memorandum from Lehman & Associates, providing a planning opinion on the identified approach is provided as Attachment 5. Environmental Protection (EP) Zoning 3.6 Respecting the EP Zone, Resolution #C-512-20 directed that the draft zoning by-law amendment: Retains the EP zoning in place prior to the zoning by-law review. 3.7 Since the majority of the EP Zone in Zoning By-law 84-63 is based primarily on historic flood plain mapping, retaining it requires that it be coupled with new written regulations. This has been recommended to ensure the draft Zoning By-law conforms with the Clarington Official Plan, Regional Official Plan, Greenbelt Plan, the Provincial Policy Statement, or the Planning Act. Thus, the currently proposed November 2021 Draft Zoning By-law preserves the current EP Zone mapping. Including the written regulations for the protection of the Natural Heritage System and natural hazards, whether depicted on a map or not, attempts to balance conformity with Provincial policy and Council directions. 3.8 The zones and zone boundaries are shown in Schedule E of the November 2021 Draft Zoning By-law. The EP Zone retains the EP Zone in Zoning By-law 84-63 and Zoning By-law 2005-109, with one exception. The EP Zone in Zoning By-law 2005-109 Page 31 Municipality of Clarington Report PDS-062-21 Page 10 includes a 30 metre vegetation protection zone. In accordance with Resolution #JC- 115-19, this 30 metre buffer has been removed for EP zoned areas within the Oak Ridges Moraine. 3.9 Comparative sample maps are provided in Figure 4. The left-hand map shows the zone mapping for a sample area as proposed in the November 2018 Draft Zoning By-law, while the right-hand map shows the zone mapping for the same sample area as proposed in the November 2021 Draft Zoning By-law. 3.10 Although a use may be permitted by the zoning on a property, the construction of buildings and structures must not occur within a natural feature or natural hazard unless supported by Provincial, Regional, and local policies. As only a portion of the natural features and natural hazards (i.e. flood plain) that the Municipality is required to protect are accounted for in the existing retained EP Zone from Zoning By-law 84-63, the November 2021 Draft Zoning By-law (Section 3.7) proposes regulations that prohibit site alteration and the construction of new buildings and structures in natural hazards, natural features and their Vegetation Protection Zone in conformity with Provincial policy. Limited specific exceptions to this prohibition are provided. 3.11 The presence and extent of natural features and natural hazards on a property would be examined when a property owner comes forward with a proposal for development and/or site alteration. This would be done through consultation and evaluation in collaboration with or by other agencies, such as a Conservation Authority (informal evaluation). In some cases, a technical study may be required to be done by the property owner to ensure that the natural feature is appropriately protected against the impacts of the proposed development or site alteration (formal evaluation). Proposed development or site alteration within or next to (within 120 metres) of a natural feature may require either an informal or formal evaluation. 3.12 Coupled with the regulations proposed in the November 2021 Draft Zoning By-law, Staff recommend that Site Plan Control be implemented for new development and/or site alteration proposals that are in a natural hazard or within or adjacent to a natural feature where a technical study is required to support the proposal. This is consistent with the Site Plan Control requirements already set out for the area covered by the Oak Ridges Moraine Zoning By-law 2005-109. It would now apply across the entirety of Clarington's rural area. Site Plan Control provides the mechanism that is needed to obtain a technical study of the potential impact of any proposed development on natural hazards and natural features, where necessary, and to identify the development limits. A new Site Plan Control By-law was contemplated when the November 2018 Draft Zoning By-law was released. An information sheet explaining the concept was made available as part of the consultation materials for that draft. Page 32 Municipality of Clarington Report PDS-062-21 Zaiing — C, ' tF u.— III = �• ornemtal R-i—A­1 �� Rini ❑ !W, ` Eminorrn 1 P-1 ion "� �{ rrnurn V geolon Prat ion Zane Oa0. adgs Aiara:rc Ba.irJa fr �z: kwduurnarE ® Arm afStrdj M... �cc-ea:•ri:1 _ +'99ra3a�e Eremi:a•i Page 11 Sample - November 2021 Draft Zoning By-law EP EP RR A � t A E A A RR FR R RR RR RR RR RR RR r- r� A A EP EP A f EP) 4 I RR N� r k F� MRR m:4 PRJI A Agrk= b,-14AI Rid -do: f _� c_..sv-isan[A- - Q--rd.1 �,5 EmP�3SR°nr a m �_ I firmy _:.urn_i pUm I=Cc F3dges M—ia 83—deq r,.,i arddPmA-fan XP} Fggegwa Eamaon P-Inn T'd— r a me i ® % ,W3ry Sh ba Ac + foikray YU a• Zmirg 8arnd—V 19zd_ Figure 4 — Comparison of sample zoning maps: November 2018 Draft Zoning By-law (left) and November 2021 Draft Zoning By-law (right) Page 33 Municipality of Clarington Page 12 Report PDS-062-21 3.13 Initially when dealing with Site Plan applications on the Oak Ridges Moraine, property owners were asked to hire a consultant to prepare a technical study regardless of the size and potential impact of their development. Acknowledging this was cumbersome and expensive, staff worked with the Conservation Authorities to develop a protocol to identify when a technical study is required. In many cases, review by Municipal and Conservation Authority staff determined technical studies were not required based on the location and potential impact of the proposal. This practical approach has drastically reduced the need for technical studies and has been carried forward and improved by the current proposal. 3.14 In the past six years on the Oak Ridges Moraine, of the 64 development applications received, only seven required a consultant to prepare a technical study and two required an update to an existing study. Of the seven sites requiring a technical study, six proposed a new house completely within a natural feature on an existing, but undeveloped, lot of record. The studies were necessary to determine development limits with the least amount of impact on the environmental feature. For the other 57 applications, Municipal and Conservation Authority staff carried out site specific environmental evaluations to determine the limits of environmental features so residents could avoid the cost and time required to prepare a formal Environmental Impact Statement (EIS). 3.15 The Site Plan Control By-law (Attachment 4) recognizes that in some cases proposed development will not have an adverse effect on natural hazards, or natural features and their functions. In these cases, where a technical study is not necessary to support the proposed development, site plan approval will not be required. 3.16 With extension of the application of Site Plan Control to the rural areas south of the Oak Ridges Moraine, an improved practical, streamlined approach is proposed to be considered. It is expected that by no longer requiring Site Plan approval applications where a technical study is not needed, there would be a significant reduction in the number of Site Plan applications required, while ensuring proposals that would have the greatest impact on natural features would be appropriately evaluated. 3.17 Only once the limits of natural hazards and natural features on a property are confirmed through an evaluation or technical study would the EP Zone be adjusted to reflect the refined limits. Adjustments would be done by Planning & Development Services through routine general amendments to the Zoning By-law and would not be at the cost of the property owner. Advisories 3.18 Respecting advisories, Resolution #C-512-20 directed that the draft zoning by-law amendment: Page 34 Municipality of Clarington Page 13 Report PDS-062-21 Contains advisories with respect to the obligations to comply with land use controls of external agencies. 3.19 Since advisories do not have a regulatory context from a Zoning By-law perspective an Introduction section has been added to the November 2021 Draft Zoning By-law. The Introduction outlines the statutory authority the Municipality has to zone lands. It explains the regulatory obligation that the Municipality has to implement the policy direction from the Province. It also describes the purpose of the Zoning By-law to implement the Official Plan. Instructions on how to use the Zoning By-law are provided, and guidance on other regulations and permitting requirements that may be applicable, such as the Conservation Authority regulations, Regional Woodland By-law and Site Alteration permits is also provided. Below is an excerpt paragraph from the introduction: In addition to complying with the Zoning By-law, when development or site alteration is proposed, approvals may be required from Conservation Authority, the Region and the Municipality in accordance with the Conservation Authorities Act, RSO 1990, c.27, Site Alteration By-laws, the Regional Woodland By-law, the Ontario Building Code, and any other applicable Act or Regulations. 3.20 While Municipal Staff would assist property owners to understand what other obligations they may be required to comply with and to connect the property owner with the appropriate agency, it ultimately would be the responsibility of property owners to ensure that all obligations are fulfilled before they proceed with a proposed development. Schedules from Other Authorities 3.21 Respecting schedules from other authorities, Resolution #C-512-20 directed that the Draft Zoning By-law amendment: Includes schedules from other authorities as additional information in the zoning by-law listing applicable land use regulations. 3.22 Staff have interpreted Council's reference to "schedules" as maps. Schedules is a common term used in Municipal planning for the series of maps appended to the regulation section of a Zoning By-law which provide area -specific or site -specific illustrations of zoning provisions. 3.23 The November 2021 Draft Zoning By-law includes schedules to delineate elements of the Natural Heritage System. However, mapping by other authorities is not available for each of the natural features that comprise the Natural Heritage System. Schedules have only been included for Provincially Significant Wetlands (PSWs), and areas of natural and scientific interest (ANSIs), which come from the Province. A schedule for land regulated by Conservation Authorities is included and is also referenced in the introduction to make the reader aware of other potential approval requirements. In Page 35 Municipality of Clarington Report PDS-062-21 Page 14 addition, natural hazards are proposed to be included as schedules in the November 2021 Draft Zoning By-law. Boundary Refinement and Development Process 3.24 As outlined in section 3.10, the proposed approach would determine the extent of natural hazards and natural features on a case by case basis. When a property owner wants to develop or alter a property, the process that would be carried out is generally as follows: • The Proponent contacts Planning & Development Services to find out what is required to develop their property. • Planner examines applicable zoning, local and Regional policy, location of proposed development in relation to Provincial policy areas and conservation authority regulation areas, datasets related to natural hazards and natural features, and air photos. • Planner contacts agencies to help confirm the presence or absence of natural features, if necessary. • If it is evident the proposal is 120 metres from a natural feature and not within a natural hazard, the Proponent can proceed with site alteration / building permit, provided it complies with permitted uses and regulations in the Zoning By-law. • If the proposed development is within or next to (within 120 metres) a natural feature/ hazard, the limits would need to be determined. • To determine the limits of a natural feature / hazard, a site visit may be required and/or a study or evaluation. • The Planner would also advise the Proponent what other approvals from other authorities may be required. 3.25 As indicated, only once the limits of natural features and natural hazards on a property are confirmed through an evaluation or formal study would the EP Zone be adjusted to reflect the refined limits. Adjustments would be done by Planning & Development Services through routine general amendments to the Zoning By-law and would not be at the cost of the property owner. 4. Discussion Natural Features Protection Through Zoning 4.1 The Regional Official Plan and the Clarington Official Plan implement legislated Provincial policies which include prohibitions or restrictions on development within specified natural features, as well as requirements for the inclusion of vegetated buffers in some cases for added protection of the feature. Accordingly, the Municipality is Page 36 Municipality of Clarington Report PDS-062-21 Page 15 required to protect and not allow development within the specified natural features. The Zoning By-law is the primary tool for implementing the policies of an Official Plan. 4.2 Zone Clarington was initiated to address the Municipality's requirement under the Planning Act to review and update the current in effect Zoning By-laws to conform to the Clarington Official Plan following its updating amendment in 2016. Zoning by-laws support the implementation of Provincial, Regional and local policies respecting the protection of natural features, providing a legal and precise mechanism to manage land use and future development and prevent potential negative environmental impacts. 4.3 In their review, Lehman & Associates highlights two key issues that challenge the Municipality's ability to implement Provincial natural features protection policies through zoning. These include "the quality of the mapping of features and the need to protect as the only means of ensuring impacts are managed." Lehman & Associates states that "in order to protect and minimize impacts to the natural heritage system, the zoning permissions must exclude or make conditional any permission for development or site alteration." This is a blunt instrument from the perspective of both the Municipality and the property owner. 4.4 Typically, a Zoning By-law is used to prohibit development in natural features by including the natural features in an Environmental Protection (EP) Zone, which is defined in mapping with corresponding use permission and zone standards. The discussions and concerns heard to date in response to the EP zoning approach proposed in the November 2018 draft Zoning By-law demonstrate the public's interest to identify and protect natural features using a degree of discretion that is not typically available through a Zoning by-law as set out in Section 34 of the Planning Act. November 2021 Draft Zoning By -Law Considerations 4.5 In the November 2018 Draft Zoning By-law, the EP Zone was delineated in the mapping and was based on the natural heritage system set out in the Clarington Official Plan. Map A of the Official Plan identifies an Environmental Protection Area land use designation. Map D of the Official Plan provides supplementary information, identifying Clarington's natural heritage system and select specific natural features, such as Provincially Significant Wetlands (PSWs), areas of natural or scientific interest (ANSIs) and watercourses. The features were mapped based on the best and most up-to-date data and information available to the Municipality when Official Plan Amendment 107 was prepared. The EP Zone proposed in the November 2018 Draft Zoning By-law included a 30 metre Vegetation Protection Zone (which is defined in Provincial policy) to clearly demonstrate the restriction on development that applies to this area. Additionally, the proposed regulations recognized that the limit of the EP Zone may not be accurate and included a provision to provide for adjustment based on actual limits determined at the time when development of the property is proposed. Page 37 Municipality of Clarington Page 16 Report PDS-062-21 4.6 Given the uncertainty about the precise mapping of features, Council and staff received feedback with the view that the extent of the EP Zone in the November 2018 Draft Zoning By-law was inaccurate, overreaching and overly restrictive. Considering this, an alternative was requested by Council to address public concerns. While less area is mapped EP Zone in the November 2021 Draft Zoning By-law as compared to the EP Zone mapped in the November 2018 Draft Zoning By-law, it is important to note that the November 2021 Draft Zoning By-law provides for the protection of the natural features required to be protected by Provincial policy through regulations and references to schedules from other authorities (e.g. Conservation Area Regulated Areas). The EP Zone as mapped in the November 2021 Draft Zoning By-law is not fully reflective of existing natural features which the Municipality is required to protect. In Staff's opinion, this may be confusing to the public. 4.7 Other aspects of the mapping to consider in reviewing the November 2021 draft zoning by-law (Attachment 3) include: Watercourses frequently appear adjacent to and extending beyond EP Zone boundaries. This can be attributed to both the natural change in watercourse channels that occurs over time and the improved accuracy of current mapping in comparison to when Zoning By-law 84-63 was created, some 40 years ago There are areas zoned EP which were not proposed to be zoned EP in the November 2018 draft zoning by-law. This is attributed to updates in data between the current Zoning By-laws (1984 and 2005) and what is available today through new technology, such as aerial mapping. Areas where an evaluation/study has been undertaken to confirm development limits relative to natural features on a property as part of a development application are not reflected. This would be applicable within the limits of the Oak Ridges Moraine where development is currently subject to Site Plan Control. 4.8 With respect to the inclusion of schedules from other authorities, while supplementary maps have been included, mapping by other authorities is not available for each of the natural features that comprise the natural heritage system. In the absence of including mapping showing the entirety of Clarington's natural heritage system, the actual extent of natural features and the applicability of related development regulations may not be clear to the public. 4.9 In addition to having the strategy reviewed by Lehman & Associates, it was also reviewed for initial feedback by staff at the Region of Durham and the Central Lake Ontario Conservation Authority (CLOCA). 4.10 The Region generally agrees with the proposed revised strategy to protect key natural heritage and hydrological features through the general zoning regulation. The Region also supports the use of Site Plan Control to further guide and protect natural heritage features through environmental study for development in the rural area. Page 38 Municipality of Clarington Report PDS-062-21 Page 17 4.11 CLOCA staff commented that the re-enactment of outdated and inaccurate EP zoning information alone is not appropriate or in keeping with the requirements of the Planning Act. They requested that mapped portions of the EP zoning be based on the best available current information. 5. Next Steps Implementation of a Zoning By-law Amendment and Site Plan Control By-law 5.1 It is recommended that Council direct staff to to initiate the public consultation process, including the holding of Open Houses and a Statutory Public Meeting, and the preparation of a Municipally initiated Zoning By-law Amendment for a new zoning by-law applicable to Clarington's rural area. It is also recommended that Council direct Staff to prepare a draft amendment to the Site Plan Control By-law concurrently with the Zoning By-law update for the purposes of regulating development within or in proximity to natural features. 5.2 While an objective of Zone Clarington is to develop a new, updated, consolidated Zoning By-law applicable to the entire Municipality, this can be accomplished in a phased approach. If a new Zoning By-law applicable only to Clarington's rural area is initially implemented, this new zoning by-law could be amended at a future date to incorporate updated zoning for the urban areas of the Municipality upon completion of the Urban Area Zoning Phase of Zone Clarington. In the interim, Clarington's urban areas would continue to be subject to the provisions of Zoning By-law 84-63. A phased approach also provides an opportunity for unanticipated challenges associated with implementing the new rural area zoning to be addressed along with the proposed new urban area zoning. Public Notification / Consultation 5.3 From the outset of Zone Clarington, staff have strived to raise awareness of the project and to prepare simplified web content and information brochures to explain the zoning by-law review process and proposed changes, communicate how to ask questions and provide input, and to highlight specific topics that Staff identified are of key interest to property owners. Appreciating the complexity of the subject matter, these efforts, including a robust public consultation program, are planned to continue throughout the duration of the project. 5.4 To meet Planning Act requirements, several key steps would be required to implement a new Zoning By-law applicable to Clarington's rural area, including public and agency consultation. These steps are summarized below. Attachment 6 describes each of these steps in detail and the associated timelines. Key steps include: Finalize a Draft ZBA for review and consultation; Request comments from the public and agencies; Page 39 Municipality of Clarington Report PDS-062-21 Page 18 • Public Open Houses, including notifications, publication of resources, and open house planning and preparations; • Statutory Public Meeting, including notifications and a staff report; • Staff Recommendation Report to Council; and • Council decision on the ZBA and Site Plan Control By-law. 5.5 While the notice and consultation process outlined in Attachment 6 exceeds the requirements set out by the Planning Act, staff received feedback that the notification provided upon release of the first draft was limited and that broader notification was desired. In addition, broader notification of the Comprehensive Zoning By-law Review Project was previously requested by Council. Considering this, Staff recommend that in addition to the Planning Act requirements and the enhanced consultation program as set out in Attachment 6, Staff prepare and mail a one-time project Information Sheet to all property owners within Clarington's rural area (approximately 5,500 mail -outs). The Information Sheet would provide rural property owners with an update on Zone Clarington, providing notice of the ZBA and proposed Site Plan Control By-law. It would inform property owners of the Open Houses and Statutory Public Meeting and provide instructions on where to find information on the project, view and provide input on documents, and view proposed zone mapping using the zoning by-law review mapping tool, and how to contact the staff with questions. In addition, it would inform property owners how to subscribe to receive future news and notices about the project and public consultation opportunities. The approximate cost of this one-time mail out would be $6,000. 5.6 Notice and consultation on the proposed draft amendment to the Site Plan Control By- law would be done concurrently. 6. Concurrence Not Applicable. 7. Conclusion 7.1 Staff have prepared a second draft of a proposed new Zoning By-law focused on rural Clarington. This second draft responds to Council direction (Resolution #C-512-20) specifically on the issue of environmental protection in rural areas, the concerns of landowners, and conformity with Provincial policy requirements for the protection of the Natural Heritage System. The second draft zoning by-law is coupled with a new proposed draft Site Plan Control By-law to provide for a review of development proposed in natural hazards and within or adjacent to natural features where a technical study is required to ensure these features are not negatively impacted by the development proposal. Page 40 Municipality of Clarington Page 19 Report PDS-062-21 7.2 This report provides background and context for the Municipality's Comprehensive Zoning By-law Review Project, Zone Clarington. It sets out how the directions of Council have been addressed and seeks direction from Council on how to proceed with the Rural Area Zoning Phase of Zone Clarington. It recommends that staff be authorized to proceed with the statutory public consultation for the Draft Zoning By-law, including enhanced notice and public consultation that exceed the requirements of the Planning Act. It also recommends that amendments to the Site Plan Control By-law be considered concurrently with the consideration of the Draft Rural Area Zoning By-law update. 7.3 If Council directs Staff to move forward with the recommendations in this report, staff will refine and circulate the proposed Draft Zoning By-law and Site Plan Control By-law and proceed with comprehensive public consultation, seeking input from Departments, agencies, property owners, and other stakeholders, prior to bringing forward a recommended Draft Zoning By-law and draft Site Plan Control By-law for Council's consideration. 7.4 In protecting the environment, the Municipality is implementing Provincial, Regional, and local objectives to protect ecological goods and services, providing for the protection of people and property from natural hazards and enhancing community well being and resilience to the impacts of climate change. Staff Contact: Tracey Webster, Principal Planner, 905-623-3379 ext. 2415 or twebster(aD_clarington.net and Amy Burke, Senior Planner, 905-623-3379 ext. 2423 or aburke(a-)_clarington.net Attachments: Attachment 1 — Resolution #C-512-20 Attachment 2 — List of Natural Features Comprising Clarington's Natural Heritage System Attachment 3 — Draft Zoning By-law (November 2021) Attachment 4 — Draft Site Plan Control By-law Attachment 5 — Memorandum: Planning Opinion on Updated Strategy (Lehman & Associates, Nov.18, 2021) Attachment 6 — Outline of Statutory Process Requirements and Timelines Interested Parties: List of Interested Parties available from Department. Page 41 Attachment 1 to Report PDS-062-21 clabooff If this information is required in an alternate format, please contact the Accessibility Co-Ordinator at 905-623-3379 ext. 2131 December 17, 2020 To Interested Parties: Re: Rural Portion of Zoning By -Law Amendment for Zone Clarington and a Clarington Official Plan Amendment File Number: PG.25.06 At a meeting held on December 14-15, 2020, the Council of the Municipality of Clarington passed the following Resolution #C-512-20: That Staff be directed to bring forth report together with a draft a zoning by-law amendment which: i. Retains the EP zoning in place prior to the zoning by-law review; ii. Includes schedules from other authorities as additional information in the zoning by-law listing applicable land use regulations; iii. Contains advisories with respect to the obligations to comply with land use controls of external agencies. That Staff take all steps necessary to amend Clarington's Official Plan (the "OPA Amendment") by way of a municipally initiated amendment, with the Natural Heritage designation in Map D and Environmental Protection Area in Map A of the Official Plan being limited to: a. Provincially Significant Wetland; b. Areas designated by CLOCA as being within a floodplain (red line on CLOCA maps); c. Areas designated by the GRCA as being within a floodplain; d. Land designated on the current Region of Durham Official Plan, Schedule B Map B-1 as containing Key Natural Heritage and Hydrologic Features; e. Land which is Significant Woodland; f. That land be included which is mandated by the Province to be designated as Natural Heritage. That Staff initiate all public consultation such that Section 17.3 of the Official Plan Special Study Area 2-Greenbelt Expansion be reconsidered. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Loca1:905-623-3379 pg rington.net I www.clarington.net Interested Parties December 17, 2020 Page 2 That if any other amendments to the Official Plan are subsequently required as a result of refined mapping, they shall be at no cost to the landowners for application fees. Yours truly, "' / 47�June Gallagher, B.A., Dipl. M,AA. Municipal Clerk J G/cm c: Interested Parties (list on file with the Planning and Development Services Department) Mayor and Members of Council A. Allison, CAO L. Backus, Principal Planner A. Burke, Acting Manager, Special Projects H. Keyzers, Office Coordinator to the Mayor F. Langmaid, Acting Director of Planning and Development Services R. Maciver, Director of Legislative Services/Municipal Solicitor B. Radomski, Corporate Communications Officer A. Welsh, Councillors' Office Assistant The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 iro*1I 5ngton.net I www.clarington.net Attachment 2 to Report PDS-062-21 Significant Natural Features that Comprise Clarington's Natural Heritage System In accordance with the Clarington Official Plan (policy 3.4.2), the following natural heritage features and hydrologically sensitive features comprise the natural heritage system: Natural Heritage Features • Wetlands • Areas of Natural and Scientific Interest • Significant woodlands • All significant valleylands • Fish habitat and riparian corridors • Habitat of endangered species and threatened species • Rare vegetation communities, including sand barrens, savannahs and tallgrass prairie • Wildlife habitat Hydrologically Sensitive Features • Wetlands • Watercourses • Seepage areas and springs • Groundwater features • Lake Ontario and it's littoral zones Page 44 Attachment 3 to Report PDS-062-21 Municipality of Clarington Zoning By-law XXXX=XX Draft November 2021 Municipality of Clarington Planning and Development Services Depa Page 45 Introduction & Advisories These oaaes do not form oart of the Zonina By-law passed by Council and are intended to make the Zoning By-law more understandable and easier to reference. Advisories regarding requirements by other Authorities are provided for consideration when developing or altering a property. Purpose of this Zoning By-law This By-law recognizes that many partners are involved in guiding and regulating land uses and acknowledaes the policies and reaulations of the Province of Ontario. the Region of Durham, and the Municipality. lilt-, rluvllll tz; pluviuYuco Pulluy Ull1ZULIUII WillUll IIIUJL WU 1111 1 GU UY LIIC LUIIIII U - law. Provincial policV direction and corres ondin Culat're as follows:• Provincial Polic Statement and Se nin Act'• Greenbelt Plan and Section 7 of the Oak Rid es Moraine Conservation Pon 7 o e Oak Ridge Moraine Conservation Act 2001 • Growth Plan for the Greater sesho Section 14 of the Places to Grow Act 2005. The statutory authority to zone land is me the Planning Act. Subsectio 3 5 of the Planning Act require is -laAW be cglllllnsitent with the polic statements issued under Subs 3 1 e Planning Act. The provisions and regulations contained in this w must c to the provincial plans that are in effect on the date of the en t of this B The Plan nin that inn B -law can re ulate the following: Cohibitt of Ian uildin s for an use that is not s ecificallrmitted b lawohibit the er n or sitin of buildin s and structures on a lot exce t i ations er d b the B -law: ulatet he of construction and the height, bulk location size floo spar character and use of buildinas or structures: • r Ininilnuni nunLd U UU Lii dnU diUd U1 a dicUi U1 idnU • rep he proportion of a lot that any building or structure may occupy; • regulate the minimum elevation of doors, windows or other openings in buildings or structures; • regulate the minimum and maximum density and heights • require parking and loading facilities be provided and maintained for a purpose permitted b the and, • prohibit the use of lands and the erection of buildinas or structures on land that is: • subject to flooding; • the site of steep slopes; Page 46 • rocky, low-lying, marshy or unstable; • hazardous, subject to erosion or natural or artificial perils • contaminated; • a sensitive groundwater recharge area or head water area; • the location of a sensitive aquifer; • a significant wildlife habitat, wetland, woodland, ravine, valley or area of natural and scientific interest; • a significant corridor or shoreline of a lake, river or stream; or, • the site of a sianificant archaeoloaical resource. contains aeneral policies that affect the use of la Municipality. These intended to regulate eveEy aspect of the built form Urivate lot. vince of Ontario this is the role of the Zoning By-law. OncdW I Plan is'IWWffect, n Zoning By-law Passed by Council must conform to the O in. For example, if the Official Plan stated that lands in the vicinitvAdlMnificant I feature are to remain structures on those lands. rp opos MuniciK Alterati other a Additio deter the Lands i approvals may bu&Mired from tion Authority, the Region and the lity in accordance Conserva ion Authorities Act RSO 1990 c.27 Site i B -I ion dland By-law, the Ontario BuildingCode and an fli r latio ormation st and/or tural feature identification may be required to compliance with is By-law and/or to support permit applications reauired b the CaMrvation Authoritv havina iurisdiction in accordance with These boun r ended for information and reference purposes and are su to change from ime. For the most up to date information, please contact tl Conservation Authorities reaulate lands that exhibit one or more hazards such as poor drainage, organic soils, flood susceptibility, susceptibility to erosion, steep slopes, or any other physical condition on which development could cause loss of life, personal injury, property damage, or could lead to the deterioration or degradation of the natural environment. Natural hazards include lands that are covered by water, and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard, plus an appropriate allowance determined by provincial auidance or the conservation authoritv havina iurisdiction. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 47 In addition to regulating natural hazards in accordance with the Conservation Authorities Act, R.S.O. 1990, c. C. 27, Conservation Authorities play a corresponding and integrated role through their functions as a commenting public body under the Planning Act. Where a natural hazard exists, it is advised to contact the conservation authority having jurisdiction, prior to any development or site alteration in order to determine approval requirement(s). To address policies contained in the Official Plan and provincial plans that do not fall the statutory authoritv for a Zonina By-law. Site Plan Control is implemented. Site Plan Control Site plan control is a tool to regulate development providp municipalities in Ontario's Planning Act. It is used to ensure that any develo 'ht rtain standards and regulations. The goal of Site Plan Control is to imp -rove th ance and look of the municipality by aDDlvina consistent standards and quids s PloDment. Proposals sub'ect to site plan control must also de ate how sed design and organization of the site and buildings meet thelpFro&ntation plWs of the Official Plan. The proponent must satisfy and address a and agency comments prior to approval of the plans. Essentially, a site plan is a drawing or s o dra at illus ates the proposed property improvements such as buildiriff, drive inn areas edestrian sidewalks landscaping,fences li ht fi esgrading, a e and municipal services. The site plan approval process of s functional ana attractive development, while minimizina adverse impacts on surroundina laaMses. natural features and natural hazards. Section 41 oftPlanIIIIIIIIIIIIIIIIIIIIIIIIiAct enables the municipality to pass a Site Plan Control B -I ntro s to all lands in the Municipality EXCEPT the followinqAffof deve t: ff Anv . ....na ucture:qK in a park oaerated by the municipality. Reaion Anv structure Acted for flood or erosion control Dur 9ermittoWaricultural building or structure • uilddffor structure used by a public utility • R I buildings containing less than three dwelli • AlterMons to buildinas or structures which do not alte existing use • Any expansion or enlargement of a building or structure that is less than twenty square metres or less than 10 per cent of the total floor area of the building, whichever is less. Where agricultural and residential buildings are within or adjacent to Natural Features and Natural Hazards site plan approval would be required where it has been determined that a technical study is required. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 You cannot start to develop an area that is subject to site plan control unless the municipality has reviewed and approved certain plans. Once the plans are approved, a site plan agreement is generally executed. This agreement contractually binds the owner to develop and maintain a site in accordance with the approved plans and the terms of the aareement. The site plan control process allows municipal staff to review and approve the following components: • Building siting and site design • Building mass • Driveways, curbing and traffic directi s • Loading and parking facilities • Emergency vehicle routes • All pedestrian access such a sand ra • Landscaping for the site a rote n of ad'oini sites • Sustainable design • Refuse and other w efitf/i • SitP linhtinn rPrnii Pnt.q • Grading. draiXnvici onents • Ne�munre ional road wideninSi4PIan development that is ad'acent to a natural fe0rdance w Site ontrol B-law. An technical stud may be redetermine the of the atural feature and to ensure that it is al Dr( a a the impacts of development or site alteration. For prop at do not reauir technical study. site clan approval would not be requirecr How to Ug is QiWw In order to refer Is By-law most easily, a reader should follow each of the steps listed below to deffflfiiine what permissions apply to a particular property. The By-law is a legal document and the reader may require assistance from Staff in the Planning and Development Services to aain a complete understandina of the aDDlicable provisions and regulations. 1. Locate the Property on a Map The first step to usina this By-law is to refer to the schedules(maos) contained at the back of the By-law to determine in which zone your property is located. The zone will be indicated on the maps by a symbol. For example, you may see a symbol such as "RR" on vour property. This would indicate that vour DroDerty is within the 'Rural Racirlanfinl Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 49 (RR)' Zone. The zones are explained in Section 2 of the By-law. Section 2 provides assistance to help you identify the zone boundaries on the Schedules. For example, if your property appears close to a zone boundary and you are not sure how to determine exactly where that boundary is located, refer to Section 2.3 of the By-law. The Schedules also contain Overlay Zones, explained in Section 2.2 and maps of certain natural features and hazards. Natural features and hazards may not be mapped exactly and are subject to determination. 2. By-law Amendments A Zoning By-law is not a static document; it is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that the Property you are looking at is not the subject Qf an earlier Zoning B -law amendment. Recent amendments may not be includel in the version of the By-law you are using. Municipal Staff will be able to assist you to confirm the property has been subiect to a recent By-law amendment. 3. Zone Provisions ro ert . Sections 6 to 19 of the By-law ide ermitted uses and zone standards )r each zone and overlav in the Munici . Th initions in Section 22can assist the purposes of this By-law. You have id ied Iftone in which your Property is located and have identified wha s e fitted n ourproperty. The next stepis to determine what standards m I tot use n our ro ert . Sections 6 to 19 of the By-law also identify th e standards f ch of the zone categories in the Munici alit includingstanda r minimum to area minimum frontage requirements minimum and requirements m m lot coverage for buildings, maximum permitted heiaht of buildinas and in some cases. the minimum reauired landscaaed oxen saace on the lot. 4. General Provisions Now that you are aware of the uses permitted on your property and the specific zone standards that apply to those uses, reference should be made to Sections 3, 4 and 5 of this By-law. Section 3 contains a more aeneric set of standards know as 'General Develoament Provisions' that apply to all properties in all zones throughout the Municipality. For example, the general provisions contain standards that regulate the location of accessory structures on a lot, height exceptions, natural features, natural hazards non- conforming buildings, structures and uses that apply to all properties regardless of where in the Municipality a property is located. Section 4 'Special Land Use Provisions, regulates uses such as home businesses, special events, bed and breakfast and short term rentals. Section 6 'Parking, Loading and Queuing' contain standards for off-street parking and loading_ The General Provisions should be read in conjunctions with the specific zone provisions for a property. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 50 5. What are Legal Non -Conforming and Legal Non -Complying for the Purposes of this By-law? A legal non -conforming building, structure or use is not permitted by this Bylaw, but legally existed on the date this By-law comes into effect under the Planning Act. To be legal, the building, structure or use must have been permitted on the lands in the zoning by-law that was in effect when the use was established and/or the building or structure was constructed. If the use, building or structure existed on the lands for a considerable number of years, the building or structure may be legal if it was legally established before the first by-law for the area was passed. 14 ,016*1 F\ Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 51 Table of Contents 1 2 Administration and Interpretation..........................................................................1-7 1.1 Title................................................................................................................1-7 1.2 Definitions and Illustrations............................................................................1-7 1.3 Applicable Area..............................................................................................1-7 1.4 Compliance with By-law.................................................................................1-7 1.5 1.6 1.7 1.8 1.9 PermittedUses..............................................................................................1-7 ExtendedMeanings.......................................................................................1-8 Measurements and Dimensions .........................*A#L., 1-8 Severability...............................................:*... ................................1-8 Relation to Other Government and Statu 1.10 Changes Not Requiring an Amendment ... 7K .. Zones, Symbols and Overlays .................................... 2.1 Zones.............................................................. 2.2 2.3 2.4 2.5 2.6 Overlay Zones ........................... Zone Boundaries ................... ..........................1-8 �1-8 .............. 2-1 ................................ 2-1 ........................................ 2-3 Multiple Zones on One LgJ.....F.............................................................. 2-4 SpecialException ........................ ......................................................2-4 HoldingZones................................................................................................2-4 2.7 Temporary Use Zones...................................................................................2-5 2.8 Comp u�nd Zones..............�..................................................................... 2-5 3. tal Development Provisions..........................................................................3-1 3.esidential Accessory Buildings and Structures............................................3-1 3.2 Projections..................................................................................................... 3-2 3.3 Garages and Carports...................................................................................3-3 3.4 Frontage on an Improved Public Street, Unassumed Road and Private Right- of-way3-4 3.5 Servicing Requirements.................................................................................3-4 3.6 How to Determine Height of a Building or Structure.......................................3-4 3.7 Natural Features............................................................................................ 3-5 3.8 Natural Hazards............................................................................................. 3-6 3.9 Non -Conforming Buildings, Structures and Uses...........................................3-7 3.10 Acquisition by a Public Authority....................................................................3-7 3.11 Visibility Triangles.......................................................................................... 3-7 Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 52 Table of Contents 3.12 Established Building Line...............................................................................3-8 3.13 Highway, Pipeline and Railway Setbacks...................................................... 3-8 3.14 Minimum Distance Separation....................................................................... 3-9 3.15 Apartment Dwellings in a Mixed -Use Building................................................3-9 3.16 Site Alteration.................................................................................................3-9 3.17 Shipping/Cargo Containers..........................................................................3-10 4. Special Land Use Provisions................................................................................4-1 4.1 EVA Bed and Breakfast & Short -Term Rentals.......... Special Needs Housing ............................ 4.3 Home Industries .................................... ..I Home Business ` ........................................ 4.5 Construction Work ...................................... Model Homes and Temporary Sales Offices......` .............................. 4-1 ................................ 4-1 ............................ 4-1 ............. 4-3 .............. 4-4 ................................ 4-5 Public Use Exemptions............................................�..............................4-5 Refreshment Vehicles and Carts ................................................4-5 4.9 Special Events...............................................................................................4-6 4.10 Temporary Living Quarters............................................................................4-6 4.11 Use of Mobile Homes, Recreational Vehicles as Dwellings ...........................4-7 4.12 Portable Asphalt Plants..................................................................................4-7 4.13 Wayside Pits and Quarr.....................................................................4-7 5. P ing, Loading and Queuing..............................................................................5-1 5. eneral..........................................................................................................5-1 5.2 Parking Spaces..............................................................................................5-1 5.3 Tandem Parking........................................................................................5-2 5.4 Parking Space Requirements........................................................................ 5-3 5.5 Accessible Parking Spaces............................................................................5-6 5.6 Parking Lot Location and Design Standards..................................................5-7 5.7 Drive -Through Queue Aisle............................................................................5-8 5.8 Loading Spaces............................................................................................. 5-8 5.9 Additions to or Change in Use of Buildings..................................................5-11 5.10 Commercial Motor Vehicle Parking..............................................................5-11 5.11 Recreational Vehicle and Trailer Parking on a lot with a Residential Use .... 5-11 6. Urban Residential Zone Category (Reserved)......................................................6-1 Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 53 Table of Contents 7. Rural Residential Zone Category.......................................................................... 7-1 7.1 Zones.............................................................................................................7-1 7.2 Permitted Uses..............................................................................................7-1 7.3 Regulations....................................................................................................7-1 7.4 Site -Specific Exceptions................................................................................7-4 8. Mixed -Use Zone Category (Reserved)..................................................................8-1 9. Urban Commercial Zone Category (Reserved).....................................................9-1 10. Rural Commercial Zone Category ................................ ..............................10-1 10.1 Zones ........................................................ ....................................10-1 10.2 Permitted Uses ...................................... ...... ..........................10-1 10.3 Regulations .............................................. ............... .. ................10-2 10.4 Site -Specific Exceptions ................................ ................ ..................10-6 11. Employment Zone Category ................ .................................................11-1 11.1 Zones ........................................ ...... ............. 11-1 11.2 Permitted Uses ..................... ......... ........................................11-1 11.3 Regulations .................... ..... 11-1 11.4 Site -Specific Excepti0............................................................................11-1 12. Community Use and U Zone Category......................................................12-1 12.1 Zones...................................................................................................12-1 12.2 Permitted UsT...............................................................................12-1 12.3 Regulations..................................................................................................12-2 12.4 Site -Specific Exceptions..............................................................................12-1 13. Environmental Protection Zone Category........................................................13-1 13.1 Zones...........................................................................................................13-1 13.2 Permitted Uses............................................................................................13-1 13.3 Regulations - (EP) Environmental Protection Zone.....................................13-2 13.4 Site -Specific Exceptions..............................................................................13-3 14. Agricultural Zone Category..............................................................................14-1 14.1 Zones...........................................................................................................14-1 14.2 Permitted Uses............................................................................................14-1 14.3 Regulations..................................................................................................14-2 14.4 Farm Worker Accommodations....................................................................14-3 14.5 Farm Processing Facility..............................................................................14-3 Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 54 Table of Contents 14.6 Farm Experience and Education Activity.....................................................14-4 14.7 Farm Produce Outlet....................................................................................14-4 14.8 Site -Specific Exceptions..............................................................................14-5 15. Major Recreational Zone Category..................................................................15-1 15.1 Zones...........................................................................................................15-1 15.2 Permitted Uses............................................................................................15-1 15.3 Regulations..................................................................................................15-1 15.4 Site -Specific Exceptions.........................................................................15-4 16. Overlay Zones.............................................................................16-5 16.1 Aggregate Extraction........................................� ... ..........................16-5 16.2 Zones and Uses Abutting the Aggregate Extraction Overlay .......................16-6 16.3 Natural Core Area and Natural Linkage Area...............................................16-1 16.4 High Aquifer Vulnerability Areas and Wellhead Protection Areas ................16-1 16.5 Landform Conservation Areas and Greenbelt Natural Heritage System ...... 16-2 17. Future Development Zone Category ................. ..................................... 17-1 17.1 Zones...........................................................................................................17-1 17.2 Permitted Uses ............................& .......................................................... 17-1 18. Holding Zones ......... .....................................................................18-1 18.1 Holding Zones......................................................................................18-1 19. Temporary Use Zon .............................................................................19-1 19.1 Temporary Use Zon.................................................................................19-1 20. Transition...................................................................................................20-1 20.1 Building Permits......................................................................................20-1 20.2 Planning Appli tions...................................................................................20-1 20.3 Lapse of Tranon Provisions..................................................................... 20-1 21. Enforcemen*....................................................................................................21-1 21.1 Inspections................................................................................................... 21-1 21.2 Offences and Penalties................................................................................21-1 21.3 Repeal of Existing Zoning By-laws...............................................................21-1 21.4 Continuation of Existing Regulations...........................................................21-1 21.5 Effective Date............................................................................................... 21-2 22. Definitions........................................................................................................22-1 Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 55 Table of Contents Schedule A - Zone Maps for Courtice (Reserved) Schedule B — Zone Maps for Bowmanville (Reserved) Schedule C — Zone Maps for Newcastle (Reserved) Schedule D — Zone Maps for Orono (Reserved) Schedule E — Zone Maps for the Rural Area Schedule F — Conservation Authority Regulated Areas, Floodplains and Natural Hazards Schedule G — Greenbelt Natural Heritaae Svstem. Provinciallv Sianificant Wetla Schedule H — Landform Conservation Areas Hig er rability Areas an Wellhead Protection Areas Schedule I — Oak Ridaes Moraine Boundary and elt Area Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 56 Section 1 Administration and Interpretation 1. Administration and Interpretation 1.1 Title and Purpose 1.1.1 This By-law is cited as the "Municipality of Clarington Zoning By-law 201#- 1.20##-##". 1.2 Definitions and Illustrations 1.2.1 it is prohibited for aRY per -son to make use of aRY land or ereGt or use aR hui d ng ^r st UGtura ^vn^nt in ^^nfnrmity with this Zoning By law. 1.2.21.2.1 For the purpose of this By-law, the defir ition ction 22 apply. Terms defined in this By-law are italicized. �. 1.3 Applicable Area 1.3.1 This By-law applies to all lands in the Municipality of Clarington. 1.3.2 The boundaries of the Oak Ridges Moraine Area, as established by Ontario Regulation 1/02 under the Oak Ridges Moraine Conservation Act, 2001, and the Greenbelt Area, as established by Ontario Regulation 59/05 under the Greenbelt Act, 2005, as amended from time to time, are shown on ScheduleI 1.4 Compliance with By -la 1.4.1 No b structure or land be erected, altered or used except in compliance with the provisions of this By-law. 4-41.5 Permitted Uses 4.4.11.5.1 A use that is listed as being permitted is only permitted if it satisfies all applicable regulations, including the General Provisions of this By-law. 1.4.21.5.2 In Permitted Use tables, the symbol 'V" beside a use indicates that the use is permitted in the specified zone. The symbol "✓" followed by a notation " indicates that the use is permitted in the specified zone provided that the ^nditi^n(s)requirements set out in the notation of the bottom ^fbelow the table is sfiedare met. The notations are n^nsidered try be part of the table. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 1-7 Page 57 Section 1 Administration and Interpretation 1.4.31.5.3 If a use is defined in this By-law but not listed as being permitted within a specific zone, then that use is not permitted in that zone. 4-51.6 Extended Meanings 4.5.11.6.1 In this By-law, (1) A grammatical variation of a defined word or expression has a corresponding meaning; (2) Words shall be read with all changes in gender or number as the context requires; (3) References to an Official Plan, Act P, olicy or By-law shall include any amendments to, or replacements of, such Official Plan, Act or By-law; and (4) References to parts, sections, regulations, exceptions, tables, figures, maps and schedules, refer to those in this By-law. 4-41.7 Measurements and Dimensions 4.6.11.7.1 All measurements and dimensions are expressed in metric (ege. . hectare (ha), metres (m), square metres (m2)). 4-.71.8 Severability 4.7.11.8.1 Each section of this By-law is an independent section, and the determination of any section or part of any section to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections of this By-law. 4-.81.9 Relation to Other Governrnmukand Statutory Requirements 1.8.11.9.1 This By-law does not reduce or mitigate any restrictions or regulations lawfully imposed by the Municipality or by any government authority having jurisdiction to make such restrictions or regulations that may affect the use of lands ildin s or structures. 4--91.10 Changes Not Requiring an Amendment IV 4$11.10.1 The following changes maybe made to this By-law without an arne^dmentformally amending the by-law: (1) Changes or corrections to format, spelling or reference errors; (2) Alterations in the numbering and arrangement of any provisions; and (3) Adjustments to base information on any map including parcel fabric, street network, colours, symbology and fonts. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 1-8 Page 58 Section 2 Zones, Symbols and Overlays 2. Zones, Symbols and Overlays 2.1 Zones 2.1.1 The zones and zone boundaries are shown on SchhedyleSchedules A through E. 2 1 2 This By la,e, place- All lands in the Municipality are within one or more of the fellow" g zeneszone categories identified in Table 2-1. Table 2-1: Zone Categories , i Zone C ategory Agricultural A Environmental Protection Environmental Protection Rural Residential EP RR Hamlet Residential RS1 Bond Head Residential RS2 Estate Residential RS3 1 Hamlet Commercial RC1 Highway Commercial RC2 Rural Service Station Commercial RC3 Hamlet Service Station Commercial RC4 Employment Light Industrial E2 Rural Community Use RCU Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 2-1 Page 59 Section 2 Zones, Symbols and Overlays Utility U Major Recreational 1 (BrirnaGOrnbeSki Resort) MR1 Major Recreational 2 (Ganadian Tiro Motersport Pa*Speedway) MR2 Major Recreational 3 (jungle Gat WorldZoo) MR3 Major Recreational 4 (Ceda Water Park) MR4 Major Recreational 5 (Golf Course) MR5 Future Development FD 2.2 Overlay Zones 2.2.1 In addition to the permitted uses and zoning regulations for each zone there are a number of Overlay Zones found in Section 16. Where applied The Overlay Zones are read together with theestablish requirements, in addition to the underlying zone regulations. In the event of conflict, the more restrictive regulation applies; with the exception of the Aggregate Extraction (AE) overlay, in which case the regulations of the overlay zone takes precedence. The Overlay Zones are shown on the Schedules to this By-law. 2.2.2 The Overlay Zones are identified in Table 2-2. Table 2-2: Overlay Zones 7Aggregate Extraction A€-Rtal Pey'ew Area ERA MiRimUm Vegetatier, Pre+eGtOE)R Zane MVP Natural Hazard NH High Aquifer Vulnerability Area HAV Landform Conservation Area 1 LGA1 Landform Conservation Area 2 LGA2 Natural Core Area HCA Natural Linkage Area L-A Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 2-2 Page 60 Section 2 Zones, Symbols and Overlays Wellhead Protection Area 2.3 Zone Boundaries 2.3.1 When determining the boundaries of any zone as shown on Schedules A through E, the following provisions apply: (1) Where a zone boundary is indicated as approximately following lot lines shown on a registered plan of subdivision or lots registered in the Land Registry Office, the boundary shall follow such lot lines. (2) Where a railroad or railway right-of-way, electrical transmission line or right-of-way, or wateFGG Urce shown on Schedules A through E serves as a boundary between two or more different zones, a line midway on such or right-of-way or watereei FSe is considered the boundary between zones. (3) Where a street or lane shown on Schedules A through E is closed, the property formerly in such street or lane is included within the zone of the adjoining property on either side of such closed street or lane. If a closed street or lane is the boundary between two or more different zones, the new zone boundary is the former centre line of the closed street or lane. (4) The beundary ^f Where an Environmental Protection (EP) zone represents boundary is indices approximately followina the flood line of a Conservation Authority having jurisdiction within the Municipality the boundary follows to the flood line as may be adjusted by the Conservation Authoritv havina iurisdiction. 4)L5S)The Environmental Prg on (EP) zone includes natural heritage features, hydreloginolly Send+'., their vegetation protection zone and natural hazards regulated in accordance with Section 3.7 and 3.8 even if the lands are not depicted on the schedules attached to this By-law. Lands maDDed as Environmental Protection (EP) identified on the schedules to this by-law generally identify the location of natural features and natural hazards, and innli des the Minimum Vegetatien Dretentien Zeno ei Moire of settrl ent or The Cn\rirenmental Review area / 90 m e���reas—�-«�n�r�«�r� �„4 measured that must be protected from a natural her4tage feature and/or ",,dmlo^;^^ y sensitive feat.. -^.development. The extent of thisthe boundary may be determined by an evaluation and/or technical studies at the time of a Site -Specific development application through consultation with the Conservation Authority or other authorities, as appropriate GE)Rsenroti^n Authority and review of on ERV' enmen� Impact Study, vvrrscrvcrcrvrr�-ca c�rc-vv-vr-urr�v�vr�rrcrr �-rrTpuc�Q , Gleedplain Assessment, Natural HazardAssessment, Natural Heritage Eyali atiene HydFelenin Eyalu atien and/or Ge^tenhninol Favor atien. A site inspection may assess the accuracy of the data and if a technical study is required to confirm the type of natural features/hazards, their limits and the Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 2-3 Page 61 Section 2 Zones, Symbols and Overlays measures needed for protection. Where it has been determined that a natural feature or natural hazard is not present, the uses and regulations of the adiacent zone on the same lot shall aoDly. 2.4 Multiple Zones on One Lot 2.4.1 Where more than one zone applies to a lot, the Zone Cate jo-ryg undary or the geographic boundary between municipalities, is not a zone limit for defining yard setbacks. 2.4.2 Where a portion of a lot is zoned Environmental Protection (EP), that portion of the lot is included in the calculation of lot area and lot coverage, and does n^+ affectthe yi� requirements provided that the use of that portion of the le GOMplies with the Environmental Dr^+^n+i^n (EP) ZORe 2.4.3 No more than one dwelling is permitted on a lot except as specifically permitted by this By-law. 2.5 Special Exception 2.5.1 Where a zone symbel is followed by a hyphen and a number, the symbolzone refers to a Special Exception zone that applies to the lands, for example A- 15)-._ The provisions of this By-law are„ �'�d as set out in the Site -Specific exceptions table for the relevant Zone Category or Overlay Zone as follows: (1) The first column sets out the exception number of each zone exception identified on the Schedules by the same number; (2) The second column sets out the additional uses permitted in the zone exception if applicable; (3) The third column identifies the limited uses permitted in the zone exception, if applicable; and (4) The fourth column sets out the naewadditional or modified special regulations for the zone exception, if applicable. 2.6 Holding Syrn Zones 2.6.1 Where a zone semis preceded by an eppeF Gaseuppercase letter "H" and a number in brackets, the sbelzone refers to a Holding Provision that applies to the lands as specified in Section 18. Until such time as the (H) symbelzone is removed, the lwetlands may only be used for continuing the existing use, environmental management, or for uses specified in Section 18. 2.6.2 Accessory buildings and structures to an existing use may be built in accordance with Section 3.1, prior to the removal of the (H) symbol. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 2-4 Page 62 Section 2 Zones, Symbols and Overlays 2.7 Temporary Use Zones 2.7.1 Where a zone symbol is preceded by an uppeF c-aseuppercase letter "T„ and a number in brackets, the symbol refers to a Temporary Use Zone that applies to the lands as specified in Section 19. Upen-ex�f the Temporary Zone, the prefix will be deleted from this G2y4aw 2.8 Compound Zones 2.8.1 Where two or more zone symbols are shown on a map to this By-law divided by an oblique line "P, the total of the lands within that bIoG,so zoned may be used for any use permitted in eitherGRe of the zon s subject to the regulations of the applicable zone(s). Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 2-5 Page 63 Section 3 General Development Provisions 3. General Development Provisions 3.1 Residential Accessory Buildings and Structures 3.1.1 AnA residential accessory building and/or structure is permitted provided that: (1) The GGessery building er ntFUGturo must net It is not used as a dwelling, except where specifically permitted iRby this By-law; (2) The GGessnni building or tr-uGtuFe m„stit may not be used for any activity for gain or profit, except where specifically permitted iaby this By-law; and (3) The GGessnni building nr otr„Gturelt is constructed durin gat the same time as, {o,�r�a�fter the construction of the principal building. (4) shipping'GargO GO rtainer must not be used as '-cm-akscessory StFUGture.- 3.1.2 Residential accessory buildings and structures must comply with the regulations in Table 3-1. Table 3-1: Regulations - Residential Accessor kildings Structures RegulationPool Accessory Building or Structure Front yard setback Behind the front wall of Zone setback regulation (min.) the dwelling in a Settlement Area. Zone setback regulation in all other instances. Exterior side yard 1.2 m Zone setback regulation setback (min.) Interior side yard 1.2 m 1.8 m where there is a second storey setback (min.) 0 m where there is a common wall with a detached garage on an abutting lot 1.2 m in all other instances Rear yard setback 1.2 m 1.8 m where there is a second storey (min.) 1.2 m in all other instances Lot coverage n/a 5% for all accessory buildings and (max.) structures Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-1 Page 64 Section 3 General Development Provisions -.Swimming Pool Accessory Building or Structure Floor area n/a 60 m2 in a Settlement Area (max.) g0 m2 on a lot less than 2 ha in area outside of a Settlement Area, plus te 0 ce^end terey of an a^^eooerni building 120 m2 on a lot greater than 2 ha in an Agricultural (A) or Rural Residential (RR) zone,, "'� up to 500% aididitienal floor area for the seGend stere Gf an a^^e sory bu#ding_ Height n/a 6 m in an Agricultural (A) zone (max.) 5 m in all other„�ta,T^zones 3.2 Projections 3.2.1 Projections into required yard setbacks are permitted in accordance with the regulations in Table 3-2. W AV r Table 3-2: Regulations - Projections into Required Yard Setbacks Yard into which Projection into the projection is permitted minimum required yard setbackStructure Fire escapes Rear yard and side yard Net mere than 1.2 m, provided no yard setback is reduced to less than 0.6 m Awnings, balconies, All 1.5 m, provided no yard canopies, decks attached setback is reduced to less or abutting, porches, than 0.6 m ramps, steps or patio on a residential building Awnings or canopies in a All 3 m, provided the canopy commercial, industrial or or awning is a minimum community use zone height of 2.4 m above finished grade Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-2 Page 65 Section 3 General Development Provisions Structure Yard into which Projection into the projection is permitted minimum required yard setback Belt courses, cantilevered All 0.75 m, provided no yard floors, chimneys, cornices, setback is reduced to less eaves, gutters, parapet, than 1.2 m pilaster, sills, or window bays Belt courses, cantilevered All 0.75 m floors, chimneys, cornices, eaves, gutters, parapet, pilaster, sills or window bays in a commercial, industrial or Community Use zone. Eaves or gutters on an All ` 0.3 m accessory building or structure A^L 4W 3.3 Attached Garages and Carports if JW 3.3.1 A garage or carport attached to a dwelling in the Rural Residential (RR), Hamlet Residential (RS1), Bond Head Residential (RS2)), and Estate Residential (RS3) zones shall: (1 } Not exceed a floor', a greater than 30% of the gross residential floor area; and (2} Where a garage faces the front yard street line, its overall width may not exceed 55% of the width of the PFiRGipal fagadeLront main wall of the dwelling Ito which it is attached. 3.3.2 Where a garagarport is attached to the ,principal building by a breezeway, the garageor carport will be considered an accessory structure unless the followina criteria is met: (1) The breezeway is structurally connected to both buildings; (2) The breezeway is a roofed structure with more than 60% of the total perimeter of the breezeway enclosed by walls, doors or windows; and (3) The breezeway is at least 1.8 metres in width to a maximum of 2.5 metres in width, and no more than 9 metres in length. 3.3.3 Garages attached to the principal building through a structure located completely underground will be considered a detached garage. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-3 Page 66 Section 3 General Development Provisions 3.4 Frontage on an Improved Public Street, Unassumed Road and Private Right-of-way 3.4.1 it is prohibited to nonstrU Gt allo building or structure may be constructed unless tie -it is located on a lot that has frontage on an improved public street thats maintained year-round. 3.4.2 Buildings or structures are permitted OR an i Rassumed rood provided they afemay be constructed on a lot er--bleEl .within a Registered Plan of Subdivision that is on an unassumed road. 3.4.3 Buildings or structures are permitted on lots with access to a private right-of- way created prior to the date of the passim/ of this By l')"feffective date. 3.4.4 Buildings or structures are permitted on a lot or block which has frontage on a private street that existed prior to the date of the passing of this R.,_lax-effective date, or where such street is shown on a site plan approved under the Planning Act, R.S.O. 1990. 3.5 Servicing Requirements 3.5.1 Except as specifically provided for in this By-law, no building or structure may be constructed or enlarged and no use may be established on any lot unless the lot is serviced by a potable water supply system and a sanitary waste disposal system installed in accordance with the requirements of the appropriate public authority. 3.5.2 Subsection 3.5.1 does not prevent the construction or use of a building or structure accessory to any permitted use. 3.5.3 Subsection 3.5.1 does not prevent the construction or use of a farm building or structure. 3.5.4 Subsection 3.5.1 does not Drevent the construction of a building or structure within a registered plan of subdivision, or on a lot where site plan control approval is in place, and a development agreement is registered on title which includes the appropriate provisions in respect of servicing of the lot or block. 3.6 How to Determine Height of a Building or Structure 3.6.1 When determining the height of a building or structure, the following shall be excluded: (1 ) Ornamental architectural features, such as church spires, domes, cupolas, and clock towers; (2) Flag poles; (3) Antennas; Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-4 Page 67 Section 3 General Development Provisions (4) Chimneys; (5) Parapets; (6) Water towers or tanks; (7) Skylights; and ')Communications towers. (8) Antenna systems. 3.6.2 When determining the height of a building or structure, rooftop mechanical equipment and mechanical penthouses are excluded, provided that such equipment or structures are less than 4.5 m in height above the roof deck and do not occupy more than 30% of the area of the roof upon which they are located. 3.7 Natural Features 3.7.1 Lands containirierNatural Features and their vegetation protection zone listed in Table 3-3 ar ub'ect to the permitted uses and regulations for the Environme Mal Protection (EP) Zone contained in Section 13. Table 3-3: Natural Features Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-5 Page 68 Section 3 General Development Provisions Wetlands Areas of natural and scientific interest (ANSIs) Significant valleylands Significant woodlands Significant wildlife habitat Rare Vegetation communities including sand barrens s annahs tallgrass prairies and alvars Beach/Bluff Watercourse Seepage areas and springs Wetlands 3.7.2 Natural features that include Provincially Significant Wetlands and areas of natural and scientific interest (ANSIs) are depicted on Schedule G. 3.7.3 Natural features and their vegetation protection zone will be mapped as Environmental Protection (EP) by a Municipally initiated Zoning By-law Amendment when their limits have been determined through Site -Specific development applications. 3.7.4 The precise extent of natural features and the vegetation protection zone will be determined at the time of development and/or site alteration. Development and/or site alteration located within 120 metres or a natural feature may require review of applicable technical studies and/or consultation with the Conservation Authority or other authorities, as appropriate. 3.8 Natural Hazards 3.8.1 Lands containina Natural Hazards are subiect to the permitted uses and regulations for the Environmental Protection (EP) Zone contained in Section 13. 3.8.2 Natural Hazards are shown on Schedule F. The precise extent of natural hazards will be determined at the time of development and/or site alteration. This may reauire review of applicable technical studies and/or consultation with the Conservation Authority or other authorities, as appropriate. 3.8.3 No new buildings or structures shall be permitted on lands determined to be lands subject to natural hazards, save and except for those buildings or Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-6 Page 69 Section 3 General Development Provisions structures required for flood and/or erosion control which are approved by the conservation authority and the Municipality. 3.8.4 New development and site alteration is prohibited within a natural hazard except with the prior written approval of the Municipality and in accordance with a permit as may be issued by the conservation authority having jurisdiction. 3.8.5 Natural hazards will be incorporated into the Environmental Protection (EP zone by a Municipally initiated Zoning By-law Amendment when their limits have been determined through Site -Specific development applications. 3-93.9 Non -Conforming Buildings, Structures and U#&O 3.8.13.9.1 Nothing in this By-law prevents the use of any lot, building or structure for any purpose not permitted by this By-law if such lot, building or structure was lawfully used for such purpose on the date of the passing of this By-law, provided it continues to be used for that purpose. 3.8.23.9.2 Nothing in this By-law prevents the rebuilding, repair or alteration of any legal non -conforming building or structure, provided that the dimensions of the building or structure are not increased, and the yards are not reduced, except in conformity with this By-law. 3.10.2 Section 3.11.1 shall not apply where the conveyance of any part of the lot to any public authority is required as a condition of approval required for the creation of a lot, or where the construction of a new building or structure or addition to a building would further increase the extent or degree of non- conformity. 3�3.11 Visibility Triangles 3.9.13.11.1 Where a sight triangle has been dedicated to a public authority a visibility triangle is not required. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-7 Page 70 Section 3 General Development Provisions 3:923.11.2 On an exterior lot, the location of visibility triangles shall be determined by measuring from the intersection of the str esstreet lines and a diagonal line drawn between the two points in accordance with Table 3-3: Table 3-3: Visibility Triangle Measurements for Exterior Lots 3:933.11.3 The visibility triangle for a driveway, lane, or right-of-way shall be the area enclosed by the line along the limits of the driveway and the street line measured to a point 3 m back from the intersection of the street lines and the limits of the driveway, lane, or right-of-way and a diagonal line drawn between these two points. 3.943.11.4 Within a visibility triangle the following are prohibited: (1) Any building or structure; (2) The parking or storage of any motor vehicle, trailer or recreational vehicle; (3) Fences with a height greater than 0.75 m; (4) Landscaping features, including shrubs or trees greater than 0.75 m height; and (5) Parking spaces or driveways. 3403.12 Established Building Line 3.10.13.12.1 Where there is an established building line eXtondinn OR ono "r both sides ef:a4%in a Residential zone, the minimum front yard setback required for a principal building on the lot may be reduced to the established building line -as mead -rpd within 60 m of the let. 344-3.13 Highway, Pipeline and Railway Setbacks 3.13.1 AflAll buildings and structures, required parking spaces and loading spaces, fire routes, storm water management facilities and drive -through facilities must have a minimum 14 m setback from any property line that abuts a provincial highway. 3.13.2 All buildings and structures, driveways, parking spaces and parking lots must have a minimum 7 m setback from any Diaeline riaht-of-wav or 12 m setback from the centreline of the pipeline, whichever is greater. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-8 Page 71 Section 3 General Development Provisions 3.13.3 Accessory buildings and structures that do not contain a dwelling may have a minimum 3 m setback from any pipeline right-of-way. 3.11.13.13.4 All principal buildings containing a residential use, daycare centre, place of worship or educational and health facilities must have a minimum 30 m yard setback from any property line that abuts a railway. This does not apply to accessory buildings unless they contain a dwelling. 34-23.14 Minimum Distance Separation 3.12.13.14.1 A residential, community, industrial, commercial, major recreational, or agricultural use must not be established, erected or enlarged unless they comply with the Minimum Distance Separation Formulae. 3.223.14.2 New and expanding livestock facilities and anaerobic digesters shall not be erected or enlarged unless they comply with the Minimum Distance Separation Formulae. 3.12.33.14.3 Sections 3.4215.1 and 3.4-215.2 shall not apply to: (1) A residential building constructed on a lot within a registered plan of subdivision; (2) A livestock facility or anaerobic digester located within the limits of a Settlement Area; (3) Closed cemeteries; and (4) A residential use on the same lot as an agriGUltu a livestock facility and/or anaerobic digester. I Apartments An on farm diversified use 3-4-33.15 Apartment Dwellings in a Mixed -Use Building 3. 3TApartment dwellings are permitted above the ground floor in a mixed -use building and in the rear portion of the ground floor, erprovided that on the seco rg ound floor or above On a mixed use building. a permitted non- residential use must ,,GG ,p., �" is located between the apartment dwelling and the front main wall of the nmunrl floor behind the nrinninol f gade 3.14.13.15.1 No-buildin.Or StrUGtUre shall be IOGatededge of a waterGourse identified on SGhedu4,r--F. 3.16 Site Alteration 3.16.1 Cutting down or removal of trees may require a permit as prescribed by the Region of Durham Woodland By-law 30-2020. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-9 Page 72 Section 3 General Development Provisions 3.16.2 Site Alteration may require a permit as prescribed by Municipality of Clarington Site Alteration By-law 2008-114. 3.16.3 Site Alteration may be subject to a permit requirement pursuant to the Conservation Authorities Act and the conservation authority having Ourisdiction. 3.17 Shipping/Cargo Containers 3.17.1 A shipping/cargo container may not be used as an accessory structure on a lot in a Residential zone. 3.17.2 A shipping/cargo container may be permitted a minimum of 0.6 m from a street line, on a driveway within a Residential zone for a period not exceeding 30 days access to a reauired 3.17.3 A maximum of four buildina on lands zi (1) It is located on a lot (2) It is in the rear yard: space, sidewalk or roadw 7/cargo containers Qre permitted to be tsed as a riculture (A). Aaare extraction Overlay. and in PI during construction of a permitted principal building and must be removed from Drooerty uoon the comDletion of construction. which will be deemed to be Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 3-10 Page 73 Section 4 Special Land Use Provisions 4. Special Land Use Provisions 4.1 Bed and Breakfast & Short -Term Rentals 4.1.1 Where a Bed and Breakfast is a permitted use, it must be a secondary use within a single detached dwelling and is limited to a maximum of 3 guest rooms. 4.1.2 Short-term rentals are permitted in all zones that permit a dwelling. 4.1.3 Bed and breakfasts and short-term rentals are not permitted in secondary apartments. and breakfast. a home business or a home 4.2 Special Needs Housing 4.2.1 Special Needs Housing is permitted in any permitted dwelling provided that: (1 ) The use complies with the applicable zone regulations for the type of dwelling upi�it occupies; and (2) Parking is provided in accordance with Section 5. 4.3 Home Industries oo f 4.3. Where a home industry is a permitte the f„lewinn uses are permitted to : 43.24.3.1 n heme industni is permitted in aGGOrdanGe ..,i+h the regulations in Table 4-1 apply. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 4-1 Page 74 Section 4 Special Land Use Provisions Table 4-1: Regulations - Home Industry Regulation.- Agricultural (A) Zone Lot area 1 ha 2 ha (min.) Location on Within an attached garage, or Within an attached garage, lot in a accessory building located in the accessory building, or farm building interior side or rear yard building Floor area '120 ml, including any retail 180 M2180 ml, including any (max.) sales outrinnr rli_�play and sales area Employees People residing in the principal People residing in the principal (max.) dwelling plus 2 people who do not dwelling plus 2 people who do not reside in the dwelling reside in the dwelling Outdoor No exterior storage of goods 0 Permitted in the rear yard storage and interior side yards, provided the area does not exceed 25% of the gross floor area of the home industry; it he screened from shall from a street by o 2.1 m selid ew fence or he g-e • The height of the materials stored must not exceed the height of the fence or hedge that screens the materials. Outdoor No exterior display of goods Permitted provided the area does display anc not exceed 10% of the gross floor sn/p.c mmn area of the home industry Retail sales Limited to goods processed or Limited to goods processed or produced on site, to a maximum produced on site, to a maximum floor area of 15% of the home floor area of 15% of the home industry industry Drehihitinnc Generation of hazardous wnir cfie Generation of hazardous w oto ee liquid industrialstq_q�gy or an liquid industrialwaste, on r� severely toxic nntam'' in`"'o� n``""t listed severely toxin nnntaminant listed nin SGhed ulre Z to Ontario Regulation 347 under the Environmental DroteGtien AGt nin SGhed ile 2 to Ontario Reg elation 347 under the Enyorenmental Protection Ant Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 4-2 Page 75 Section 4 Special Land Use Provisions 4.3.34.3.2 Where a home industry is located on the same lot as a home business, the reg ilatiOnc in Table 4_1 regarrdoRgmaximum number of employees apply to bothis 3. 4.344.3.3 Parking is to be provided in accordance with Section 5. 4.4 Home Business 4.4.1 Where A home business is a permitted use, the f„llewinn uses are in any permitted: V .. V 44.24.4.1 n home business is permitted dwelling in accordance with the regulations in Table 4-2. ­44- Table 4-2: egR ulationsN Home Businesses Regulation. Floor area ( ax.) - 30% of dwelling, to a maximum of 100 m2 Number of employees (max.) People residing in the dwelling plus 1 person who does not reside in the dwelling Location on lot Within a dwelling Outdoor storage No exterior display of goods Outdoor display No exterior storage of goods 4.4:34.4.2 Parking is to be provided in accordance with Section 5. 4.4-44.4.3 A personal service mustas a home business does not include a dry cleaners distribution centre or laundry. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 4-3 Page 76 Section 4 Special Land Use Provisions 4.4.54.4.4 In the case of an apartment dwelling or a townhouse dwelling, a home business is rostroGted to a business or admh3iotrotiye office which dOe may not have clients coming to the dwelling, and deer netnor have employees who reside in a different dwelling. 4.464.4.5 An adult home care n4ustmay not accommodate more than five adults at a time who do not reside in the dwelling. The yard of the dwelling may be used as aGGessorni t0 ap rt of the adult home care. 4�74.4.6 A child home care 1 4u-stmay not accommodate more thti, ram; —sox children at -a tome ,,,,t ;n,-ludinnthan permitted by the ownor'S ^hildren.Child Care and Early Years Act, 2014. The yard of the dwelling ma be usedaGGeSSOW topgrt of the child home care. 4.4.84.4.7 A pet home care mus may not accommodate more than 3 pets at a time, including the owner's pets. The rear yard of the dwelling maybe used as aGGessory part of the pet home care. 4.4.94.4.8 Instructional services must not accommodate more than 3 students at a time. The rear yard of the dwelling may be used as accessory to the instructional services. 4.5 Secondary partmpH got . e I ■ ■ r I r r ■ -■ r MEMO aA 4-.64.5 Construction UsesWork 4.6.14.5.1 Temporary buildings or trailers associated with construction work are permitted for the duration of the construction on a lot, or on lands within a draft Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 4-4 Page 77 Section 4 Special Land Use Provisions approved subdivision, condominium plan, approved site plan, or where a building permit has been issued for the d iratinn of nnno+ri infirm WnrL 46.24.5.2 Temporary buildings or trailers intended for construction work purposes nwstmay not be used for human habitation. 4.6 Model Homes and Temporary Sales Offices 4.6.1 A model home or temporary sales office is permitted on lands within a draft approved plan of subdivision or condominium or on lands within an approved site plan provided that: 1 The number of model homes in any aQproved plan shall not exceed 10% of the total number of units within the plan to a maximum of four units; 2 The developer has entered into a development agreement with the Municipality; (3) Municipal Services are installed and connected to the model homes; fully operational to the satisfaction of the Municl7palifiy; and 5) The model home and temporary sales office complies with the reaulations of the zone in which it is located. 4.6.2 A temporary sales offic II cease opera Jno later than the sale or lease of the last lot or dwellina a be removed wit 60 days of the last sale or lease. 4.7 Public Use Exemptions 4.7.1 This By-law does not apply to prohibit the use of land, or the use of buildings or structures for the purposes of a use provided by a Public Authority. 4.8 Refreshment Vehicles and Carts 4.8.1 A mobile refreshment vehicle and/or refreshment cart ea-pmay be operated anywhere in the Municipality in association with a special event, provided that all licenses and permits, required under the Special Events and Refreshment Vehicle By-laws have been obtained. 4.8.2 Where a stationary refreshment vehicle c-anis permitted, it must be teeated-in a defined parking arealot, or wherein a location Is -identified on an approved site plan. 4.8.3 The location of the stationary refreshment vehicle must not obstruct or reduce the required minimum number of parking spaces for the principal use or be located within an aisle. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 4-5 Page 78 Section 4 Special Land Use Provisions 4.9 Special Events 4.9.1 Public special events are permitted: (1) On a lot owned by a public authority; or {2+—Within a '�r-, �4JQW&4R-aany Commercial, Major Recreational, or Industrial Zone. 4.9.2 A private special event or public special event hosted by a Not -for Profit Organization is permitted on all lands, except those zoned Environmental Protection (EP). 4.9.3 A private special event is permitted on any lot where an agricultural or residential use exists and is permitted. 4.9.4 A special event is permitted in accordance with the following regulations: (1) A special event permit must be obtained from the Municipality, if applicable. (2) The combined total duration of all special events held on one lot, except on municipally owned property, must not exceed seven days in a calendar year. (3) In any Commercial, Maior Recreational or Industrial zone, the parking arealot can be used for a special event provided that the number of parking spaces remaining is not reduced below 75% of that required by Section 5 for the uses on the lot. (4) Special events licensed by the Municipality are not subject to the parking space and loading space requirements set out in Section 5. (5) A temporary building or structure, that does not provide sleeping accommodations, associated with a special event in a Residential zone is 1W permitted provided it conforms to the setbacks set out in Section 3.1. (6) No site alteration is permitted. 4.10 Temporary Living Quarters 4.10.1 A mobile home, recreational vehicle, or an existing dwelling c-anmay be used as temporary living quarters for a maximum of one year while a permitted dwelling is under construction on the same lot, for a maximum Of ^no year, unless Council approves andan extension provided: (1) The owner of the lot enters into an agreement with the Municipality to remove the temporary living quarters from the lot immediately after the expiration of the one-year period or with the occupation of the new dwelling, whichever occurs first; Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 4-6 Page 79 Section 4 Special Land Use Provisions (2) The temporary living quarters are located on the lot in compliance with the yard setbacks of the zone in which it is located; and (3) The temporary living quarters are serviced with adequate sanitary sewer and water services approved by the appropriate public authority. (4) The temporary living quarters are not subfeeconsidered a building or structure for the purposes of the lot coverage regulation of ZO„e i^T whinh it icy leGated 4.11 Use of Mobile Homes, Recreational Vehicles as Dwellings 4.11.1 The use of a mobile home or a recreational vehicle as a dwelling is prohibited in all zones except as otherwise specified in this By-law. 4.12 Portable Asphalt Plants 4.12.1 A portable asphalt plant used to supply materials to a project undertaken by, or on behalf of, a public authority is permitted on a temporary basis provided it is not located within: (1) A Natural feature or its vegetation protection zone in accordance with Table 3-3. 2) A Settlement Area, as shown on Schedules A through E: (2) Settlement /�rea- r l` (3) The Natural Core Areas or Natural Linkage Areas, as shown on Schedules A thre ynh Schedule G; (4) 30 m of any lands zoned Environmental Protection (EP); or (5) 90 m of any lot used for a -residential vse _g oses. 4.13 Wayside Pits and Quarries 4.13.1 A wayside pit or Mayside quarry is permitted in any zone for a maximum of 18 months, provided thatif it is not located within: (I) An Environmental Protection (EP) zone• e 0 0 1 A Natural feature or its vegetation protection zone in accordance with Table 3-3; (2) A Settlement Area, as shown on Schedules A through E; (3) The Natural Core Area as shown on SGhedule A through ESchedule G; (4) 30 m of any land zoned Environmental Protection (EP); �zen�� � o„�, �entol�re (44) 30 m of any lot used for residential.. purposes. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 4-7 Page 80 Section 4 Special Land Use Provisions Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 81 Section 5 Parking, Loading and Queuing 5. Parking, Loading and Queuing 5.1 General 5.1.1 Every building, structure or lot used for a purpose set out in this By-law, unless provided for otherwise, must provide and maintain parking and loading spaces in accordance with Section 5. 5.2 Parking Spaces 5.2.1 Required parking space dimensions are regulatedset out in QeeerdanGe with Table 5-1. Table 5-1: Regulations - Parking Space Dimensions SpaceParking Other Type Angle 2.75 m 5.7 m measured on Angle of space the angle must be 45 degrees or greater Parallel 2.75 m 7 m n/a Perpendicular 2.75 m 5.7 m Total width of 2 adjacent outdoor perpendicular parking spaces for a single detached dwelling, semi- detached dwelling or duplex dwelling can be reduced to 4.6 m Tandem 2.75 m 5.7 m n/a Type A (van) 3.4 m 5.7 m An additional accessible minimum 1.5 m access aisle the full length of the parking space must be provided. The access aisle can be shared where aired with another Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-1 Page 82 Section 5 Parking, Loading and Queuing SpaceParking Type Other Type A or Type B accessible parking space Type B accessible 2.475 m 5.7 m An additional minimum 1.5 m access aisle the full length of the parking space must be provided. The access aisle can be shared where paired with another Type A or Type B accessible parking space Within a garage 3 m 6.2 m Area - 18.6 m2 (min.) 5.2.2 The width of an outdoor parking space must be increased by 0.25 m where abutting a wall. 5.3 Tandem Parking 5.3.1 Tandem parking is permitted for the following uses: (1) Single detached dwelling; (2) Semi-detached dwelling; (3) Townhouse dwelling; (4) Secondary apartment dwelling; (5) Bed and Breakfast; (6) Special needs housing; (7) Home industry; and (88) Home business; and (8)j2 Short-term rental. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-2 Page 83 Section 5 Parking, Loading and Queuing 5.4 Parking Space Requirements 5.4.1 All motor vehicles occupying a required parking space must be operative and currently licensed. 5.4.2 Recreational vehicles or trailers may be permitted on a driveway, if they are not located within or blocking access to a required parking space, sidewalk or roadway. 5.4.3 A shipping/cargo container may be permitted a minimum of 0.6 m from a street line, on a driveway within a Residential zone for a period not exceeding 30 days in any given year, provided that the container is not located within or blocking access to a required parking space, sidewalk or roadway 5.4-25.4.4 A driveway providing access to parking spaces must be on the same lot as the use unless a registered easement provides access to a driveway on another lot. Parking spaces must be provided on the same lot as the use requiring the parking spaces. If the required parking spaces cannot be provided on the same lot the required parking spaces can ay be located on another lot, s bjeGt to the fellewingg[ovided: (1) The parking spaces are located within 150 m of the use requiring the parking; and tZL-The parking spaces are located on lands within the same zone as the use requiring the parking spaces or on lands within a Commercial or Industrial zone, and �2}SThe provision of the parking space is subject to an agreement between the Municipality, the party requiring the spaces and the owner of the lands where the spaces are located which agreement permits the use of land for the parking spaces. 5.4.35.4.5 The required number of parking spaces is calculated in accordance with the requirements specified in Table 5-2 and must be rounded up to the next whole number. Table 5-2: Regulations - Number of Parking Spaces .- of Use NumberSpaces Residential Single detached 2 outdoor spaces per dwelling Semi-detached 2 outdoor spaces per dwelling Bed and breakfast, short-term rental 1 per guest room in addition to spaces required for the dwelling Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-3 Page 84 Section 5 Parking, Loading and Queuing .- of Use Number of Parking Spaces Special needs housing 2 plus 1 per 4 beds Home industry 1 for each employee residing in a different dwelling, plus the number of spaces required for industrial uses in Table 5-2 Home business 1 for each employee residing in a different dwelling, plus the number of spaces required for the use in Table 5-2 Garden suite or secondary 1 for a garden suite, or secondary apartment apartment dwelling dwelling established after November 16, 1995 0 where the secondary apartment dwelling was established before November 16, 1995 Other permitted residential uses 2 per dwelling Commercial Flea market; grocery store; retail 1 for every 20 m2 of gross leasable floor area warehouse; shopping centre Business or administrative office; 1 for every 30 m2 of gross leasable floor area child care centre; office building; personal service; fitness centre, professional service; retail Medical office; veterinary clinic 1 for every 18 m2 of gross floor area 1 for every 30 m2 whereif the use is a home business Hotel; motel 1 per suite or guest room, plus the requirement for restaurants and gathering places where the use is provided Adult entertainment parlour, bar, The greater of: take-out restaurant i) 7; or ii) 1 for every 7 m2 of publicly accessible floor area Drive -through restaurant; eat -in The greater of: restaurant (with or without take- i) 10; or out restaurant) 2 ii) 12 per 100 m gross floor area Temporary sales office 8 Gathering Places Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-4 Page 85 Section 5 Parking, Loading and Queuing .-Spaces Art gallery; place of assembly; The greater of 1 per: auction centre; banquet hall; i) 5 fixed seats; funeral home; museum; place of ii) 3 m of bench seating; or entertainment; place of worship; private club; recreation centre; iii) 9 m2 of floor area special event, theatre; other similar gathering places Golf course 3 per hole, plus the requirement for restaurants, banquet hall and retail where the use is provided Golf driving range 1 per tee/mat, plus the requirement for restaurants, banquet hall and retail where the use is provided Marina 1.25 per boat slip, plus the requirement for restaurants, banquet hall and retail where the use is provided Mini -putt 1.5 per hole Schools Elementary school The greater of: i) 2 per classroom; or ii) 1 per 10 m2 of total floor area in the assembly hall and cafeteria Secondary school; commercial The greater of: school i) 5 per classroom; or ii) 1 per 10 m2 of floor area in the assembly hall and cafeteria Health Care Long term care facility; 1 per every 4 beds retirement home Hospital The greater of 1 per: i) 2 beds; or ii) 50 m2 of floor area Industrial Industrial uses 1 per 30 m2 for first 500 m2 of floor area; 1 per 90 m2 of floor area between 501 m2 and 2,000 m2 of floor area; and Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-5 Page 86 Section 5 Parking, Loading and Queuing 1 per every 500 m2 of floor area above 2001 m2 Other permitted uses 1 space per 30 m2 of floor area 5.5 Accessible Parking Spaces 5.5.1 The required number of accessible parking spaces within a parking lot must be provided accordance with Table 5-3. Table 5-3: Regulations - Number of Accessibl arking Spa es 1 to 12 1 1 0 13to25 1 0 1 26 to 50 1 1 51 to 75 3 1 2 76 to 100 4 2 2 101to133 5 2 3 134 to 166 6 3 3 167 to 250 7 3 4 251 to 300 8 4 4 301 to 350 9 4 5 351 to 400 10 5 5 401 to 450 11 5 6 451 to 500 12 6 6 501 to 550 13 6 7 551 to 600 14 7 7 601 to 650 15 7 8 651 to 700 16 8 8 Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-6 Page 87 Section 5 Parking, Loading and Queuing Number..Number-. ..Number of Number of ti. Parking SpacesParking .. 701 to 750 17 8 9 751 to 800 18 9 9 801 to 850 19 9 10 851 to 900 20 10 10 901 to 950 21 10 11 951 to 1000 22 11 11 1001 and over 11 + 1 % of total Where an even number is number of parking required, provide an equal spaces required by number of Type A and B Table 5-2 accessible parking spaces. Where an odd number is required, provide equal number of Type A and B plus an additional Type B. 5.5.2 Long term care facilities, retirement homes, hospitals, medical clinics and medical offices must provide twice the number of accessible parking spaces as required by Table 5-3. 5.6 Parking AFeaLoi Location and Design Standards 5.6.1 An aisle must have a minimum width of 4.5 m for one-way traffic or 6 m for two- way traffic. 5.6.2 In all Commercial, Industrial, Community Use, and Major Recreational zones every open parking arealot must provide an area equivalent to 2% of the required parking araalot for snow storage purposes. 5.6.3 Unenclosed parking areaslots located at finished grade are permitted in all yards provided that the following are complied with: (1) In all zones except the Residential zones, no driveway or parking space c-anmay be located within 7.5 m of a side lot line abutting a Residential zone, or within 1.5 m of a rear lot line abutting a Residential zone; (2) Ina Rural Residential zone, no part of any parking space or parking arealot other than a driveway c-a-Rmay be located within 1 m of a street line nr I.A.f hin roi. . 1 visib#ity t angle; and Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-7 '� Section 5 Parking, Loading and Queuing (3) In a Commercial zone, no part of any parking space or parking arealot other than a driveway Ga-R ay be located within 1.5 m of a street line withiR a required visibility t anrvlo 5.6.4 Parking spaces, parking areaslots, aisles and driveways must be constructed and maintained with a stable surface. 5.7 Drive -Through Queue Aisle 5.7.1 Each drive -through must provide a drive -through queue aisle for the queuing of motor vehicles in accordance with Table 5-4. Table 5-4: Regulations — Drive -Through Queu 'sles .- ..Separation from Street Financial 24 m 3 m 9 m 18 m institution; pharmacy; other Drive -through 24 m between 3 m the pick-up co 7 m 18 m Restaurant window an order boar 48 m beyo4nhL the order board 5.7.2 k drive -through queue aisle must be separate from all driveways, parking Waslots, and/or loading spaces on site, and mum may not be located within a visibility triangle or within the front yard. 5.7.3 Where a drive -through queue aisle abuts a residential use, the queue aisle must be setback a minimum of 12 m from the abutting residential lot line and shall be cgreeRed from the residential use by a 2 m high wall er deGeratiye glesed beard fe mac. 5.8 Loading Spaces 5.8.25.8.1 Loading spaces must be provided on the same lot as the building, structure or use requiring the loading space. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-8 Page 89 Section 5 Parking, Loading and Queuing 5�35.8.2 All loading spaces must provide a vertical clearance of 4.27 metres. 5.:45.8.3 Loading spaces dimensions and required numbers must be provided in accordance with the regulations in Table 5-5. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 5-9 Page 90 Section 5 Parking, Loading and Queuing Table 5-5: Regulations — Dimensions and Number of Loading Spaces Building . Residential and Health Care Apartment building n/a 1 Hospital 4 n/a Long term care facilities; retirement home 2 n/a Commercial and Gathering Places Permitted uses with 301 m2 to 1,000 m2 1 n/a gross commercial floor area Permitted uses with 1,000 m2 to 7,000 m2 2 n/a gross commercial floor area Permitted uses with greater than 7,000 m2 3 n/a gross commercial floor area Industrial Permitted uses with up to 1,000 m2 floor 1 n/a area Permitted uses 1,001 m2 to 3,000 m2 floor 2 n/a area Permitted uses with 3,001 m2 to 7,000 m2 3 n/a floor area Permitted uses with greater than 7,000 m2 3, plus 1 for n/a floor area every additional 10,000 m2 of floor area or portion thereof 5.8.55.8.4 Access to loading spaces must be provided by means of an aisle located on the same lot as the use requiring the loading spaces. The aisle must be a minimum of 6 m wide and lead to a driveway. 5.8.65.8.5 Loading spaces must be located abutting the building or structure for which they are required and may not be provided in tandem. 5.8.75.8.6 Loading spaces in Industrial zones are permitted in the front „aryl and o v+ori.Ar 6:;rroa yard provided the spaces are setback from the street line a Municipality of Clarington I Zoning By-law XXXX-XX Page 5-10 Draft November 2021 Page 91 Section 5 Parking, Loading and Queuing minimum distance of 20 m. In all other zones loading spaces eystmay be located in the interior side yard or rear yard for ��rino 5.9 Additions to or Change in Use of Buildings 5.9.1 The parking space and loading space requirements of this By-law do not apply to any existing non -complying building or structure, provided the existing floor area of the building or structure is not increased or the use of the building or structure is not changed to a use that requires a greater number of parking spaces or loading spaces. 5.9.2 Where an addition is made to a building or structure that increases the total floor area of the building or structure, then parking spaces and loading spaces for the floor area of the addition must be provided in accordance with the requirements of this By-law. 5.9.3 Where the use of a building, structure or lot changes, parking spaces and loading spaces for the new use must be provided in accordance with the requirements of this By-law. 5.10 Commercial Motor Vehicle Parking 5.10.1 A maximum of two commercial motor vehicles, unrelated to a farm use maybe parked outside or within a building or structure on a lot used for residential or agricultural purposes outside of a Settlement Area as shown on Schedule Fl. 5.10.2 A maximum of one commercial motor vehicle not exceeding 7 m in length, and 2.6 m in height GaR bemaybe parked on a driveway or within a building or structure on a lot used for residential purposes within a Settlement Area as shown on Schedule FI. 5.11 Recreational Vehicle and Utility Trailer Parking on a lot with a Residential Use 5.11.1 One recreational vehicle or trailer may be parked or stored on a lot with a permitted residential use where the lot area is less than 2792 m2. 5.11.2 A maximum of three recreational vehicles or uNity trailers may be parked or stored on a lot with a permitted residential use where the lot area is between 2792 m2 and 2 ha. 5.11.3 A maximum of six recreational vehicles or trailers may be parked or stored on a lot used with a permitted residential use where the lot area is greater than 2 ha. 5.11.15.11.4 The outdoor storage of recreational vehicles or trailers is permitted as a secondary use to a principal residential use and may not be used for reside„tial purpsseeprofit or pain. Municipality of Clarington I Zoning By-law XXXX-XX Page 5-11 Draft November 2021 Page 92 Section 5 Parking, Loading and Queuing 5.1�ecreational vehiGle or utility tram Recreational vehicles or trailers may be parked on a driveway. 5.11.5 Storage provided the minimum number of required parking spaces identified in Table 5-2 are not obstructed. 5.11.6 Recreational vehicles or trailers maybe parked in one required parking space on a driveway for a period not exceedina 120 hours in one calendar month. 5.11.35.11.7 The indoor storage of any number of recreational vehicles or "+trailers on a lot with a permitted residential use is permitted within a garage, carport or other permitted accessory structure. 5.11.45.11.8 The parki 4g-eroutdoor storage of recreational vehicles or-utUity trailers is permitted in any side yard or rear yard provided they meet the setback regulations for Residential Accessory Buildings and Structures listed in Table 3- 1. 5.11.9 Where recreational vehicles are stored on or in a trailer, the recreational vehicles, includina the trailer is counted as one recreational vehicle. Municipality of Clarington I Zoning By-law XXXX-XX Page 5-12 Draft November 2021 Page 93 Section 6 Urban Residential Zone Category (Reserved) 6. Urban Residential Zone Category (Reserved) Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 6-1 Page 94 Section 7 Rural Residential Zone Category 7. Rural Residential Zone Category 7.1 Zones 7.1.1 The Rural Residential Zone Category consists of the following zones: • (RR) Rural Residential • (R�SR) Hamlet Residential • (RS2) Bond Head Residential • (RS3) Estate Residential 7.2 Permitted Uses 7.2.1 The permitted use for lots in the Rural Residential Zone Category are set out in Table 7-1. A use that is listed as being permitted is only permitted if it satisfies all aaDlicable reaulations. includina the General Provisions. of this By-law. Table 7-1: Permitted Uses - Rural Residential Zone Category Single detached dwelling ✓ ✓ ✓ ✓ Secondary apartment dwelling subject to Section 4.5 ✓ ✓ ✓ ✓ Bed and breakfast subject to Section 4.1 ✓ ✓ ✓ ✓ Home industry subject to Section 4.3 ✓ Home business subject to Section 4.4 ✓ ✓ ✓ ✓ 7.3 Regulations 7.3.1 The regulations for lots in the Rural Residential Zone Category are set out in Table 7-2. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 7-1 Page 95 Section 7 Rural Residential Zone Category Table 7-2: Regulations - Rural Residential Zone Category Lot area (min.) 4000 m2 4000 m2 4000 m2 4800 m2 Lot frontage 30 m 25 m 45 m 30 m (min.) Front yard 6m 6m 10mto 15m setback (min.) dwelling 7.5 m to porch 12mto attached garage Exterior side 6 m 6 m 10 m to 15 m yard setback dwelling (min.) 7.5 m to porch 12mto attached garage Interior side 2 m 2 m 2 m 6 m yard setback (min.) , Rear yard 10 m m 15 m 15 m setback (min.) Landscaped 40%400/., a 400 40%, a 40%40%, a 40%40%, a area (min.) permitted permitted permitted permitted driveway can driveway can driveway can driveway can cross the cross the cross the cross the landscaped landscaped landscaped landscaped area. The area area. The area area. The area area. The area of the driveway of the driveway of the driveway of the driveway will not be will not be will not be will not be included in the included in the included in the included in the calculation of calculation of calculation of calculation of landscaped landscaped landscaped landscaped area. area. area. area. Lot coverage 30% 30% 30% 30% (max.) Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 7-2 Page 96 Section 7 Rural Residential Zone Category Floor ar 110 W 4d7tl F� /min Height (max.) 10.5 m 10.5 m 10.5 m 10.5 m Other New dwellings must be serviced by municipal water Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 7-3 Page 97 Section 7 Rural Residential Zone Category 7.4 Site -Specific Exceptions 7.4.1 The provisions of this By-law are modified as set out in Table 7-3, as follows: Table 7-3: Site -Specific Exceptions - Rural Residential Zone Category Exception Additional Use Limited Use Special Regulations Number Lot area (min.) 550 m2 Lot frontage (min.) 15 m Front yard setback (min.) 9 m Interior side yard setback (min.) 6 m on one side, 1 m on the other side Rear yard setback (min.) 18.5 m Floor area (min.) 65 m2 Lot coverage (max.) 15% No accessory buildings or structures are permitted in the rear yard. RR-2 Existing motor vehicle wrecking yard Lot area (min.) 6000 m2 RR-3 Lot area (min.) 3800 m2 Lot frontage (min.) 6 m Lot depth (max.) 140 m For lots with a lot area greater than 4500 m2 Interior side yard setback to the southern property line (min.) 40 m Rear yard setback (min.) 25 m RR-4 Swimming pools are not permitted RR-5 Personal Service establishment Front yard setback (min.) 50 m Rear yard setback (min.) 60 m Interior side yard setback (min.) 6 m Total floor area of buildings (max.) 250 m2 Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 7-4 Page 98 Section 7 Rural Residential Zone Category Exception Additional Use Limited Use Special Regulations Number mm�� RR-6 Motor vehicle body shop RS1-1 Lot area (min.) 2000 m2 Lot frontage (min.) 27 m Lanusc;aped area (min) 30% A permitted driveway can cross the landscaped area. The area of the driveway will not be included in the calculation of landscaped area. RS1-2 Front yard setback (min) 10 m Front yard setback (max) 50 m Maximum permitted outside width of the garage shall be 45% of the total width of the dwelling. RS1-3 Lot area (min.) 1.9 ha Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 7-5 Page 99 Section 8 Mixed -Use Zone Category (Reserved) 8. Mixed Use Zone Category (Reserved) Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 8-1 Page100 Section 9 Urban Commercial Zone Category (Reserved) 9. Urban Commercial Zone Category (Reserved) Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 9-1 Page 101 Section 10 Rural Commercial Zone Category 10. Rural Commercial Zone Category 10.1 Zones 10.1.1 The Rural Commercial Zone Category consists of the following zones: • (RC1) Hamlet Commercial • (RC2) Highway Commercial • (RC3) Service Station • (RC4) Hamlet Service Station 10.2 Permitted Uses 10.2.1 The permitted useuses for lots in the Rural Commercial Zone Category are set out in Table 10-1. A use that is listed as being permitted is only permitted if it satisfies all applicable regulations, including the General Provisions, of this By- law. Table 10-1: Permitted Uses - Rural Commercial Zone Category ResidentialIL Apartment dwelling in a mixed -use building ✓ ✓ ExictiRg ono/^lmenf .JIA/e ng in a mixed use y� building Restaurants Refreshment vehicle subject to Section 4.9 ✓ ✓ ✓ ✓ Restaurant ✓ ✓ Secondary restaurant ✓ ✓ Drive -Through _M Drive -through Restaurant subject to Section 5.7 ✓ ✓ Gathering Places Auction centre ✓ ✓ Fitness centre ✓ ✓ Place of assembly ✓ ✓ Place of entertainment ✓ ✓ Municipality of Clarington I Zoning By-law XXXX-XX Page 10-1 Draft November 2021 Page102 Section 10 Rural Commercial Zone Category Community garden ✓ Motor Vehicle Uses Motor vehicle fuel bar ✓ ✓ Motor vehicle repair garage ✓ Secondary motor vehicle repair garage ✓ ✓ Motor vehicle sales and rentals ✓ Recreational vehicle and marine sales and service ✓ Personal and Professional Uses Financial institution ✓ Child care centre ✓ Dry G'�cleaner's distribution centre ✓ Medical clinic ✓ Motel ✓ Personal service ✓ Professional service ✓ Retail Uses Flea market ✓ Garden and ur er„ centre ✓ ✓ Retail ✓ ✓ Secondary retail ✓ ✓ Farm related commercial establishment ✓ ✓ 10.3 Regulations 10.3.1 The regulations for lots in the Rural Commercial Zone Category are set out in Table 10-2. Municipality of Clarington I Zoning By-law XXXX-XX Page 10-2 Draft November 2021 Page103 Section 10 Rural Commercial Zone Category Table 10-2: Regulations - Rural Commercial Zone Category Lot area (min.) 4000 m2 4000 m2 4000 m2 4000 m2 Lot frontage 25 m 50 m 40 m 40 m (min.) Front yard 3 m 5 m 5 m to fuel 5 m to fuel setback (min.) pump island pump island and/or weather and/or weather canopy canopy 3 m in all other 3 m in all other instances instances Exterior side 3 m 5 m 5 m to fuel 5 m to fuel yard setback pump island pump island (min.) and/or weather and/or weather canopy canopy 3 m in all other 3 m in all other instances instances Interior side 0 m where a 5 m for 5 m to fuel 5 m to fuel yard setback building has a buildings pump island pump island (min.) common wall abutting a and/or weather and/or weather with a building Residential canopy canopy on an adjacent zone 20 m to fuel 20 m to fuel lot 2 m in all other pump island pump island 5 m for instances and/or weather and/or weather buildings canopy canopy abutting a abutting a abutting a Residential Residential Residential zone zone zone 2 m in all other 3 m in all other 3 m in all other instances instances instances Municipality of Clarington I Zoning By-law XXXX-XX Page 10-3 Draft November 2021 Page 104 Section 10 Rural Commercial Zone Category Rear yard 7.5 m abutting 7.5 m abutting 5 m to fuel 5 m to fuel setback (min.) a Residential a Residential pump island pump island zone zone and/or weather and/or weather 2 m in all other 2 m in all other canopy canopy instances instances 20 m to fuel 20 m to fuel pump island pump island and/or weather and/or weather canopy canopy abutting a abutting a Residential Residential zone zone 3 m in all other 3 m in all other instances instances Landscaped 3"1 30% the 30%30% the 39°k30% the 3"1 30% the area (min.) entire required entire required entire required entire required front yard and front yard and front yard and front yard and exterior side exterior side exterior side exterior side and must b yard must be yard must be yard must be included. included. A included. A included. A permitte permitted permitted permitted drivewa c driveway can driveway can driveway can cross the cross the cross the cross the landscaped landscaped landscaped landscaped area. The area area. The area area. The area area. The area of the driveway of the driveway of the driveway of the driveway will not be will not be will not be will not be included in the included in the included in the included in the calculation of calculation of calculation of calculation of landscaped landscaped landscaped landscaped area. area. area. area. Gross leasable 1000 m2 for a 2000 m2 for a 250 m2 for a 250 m2 for a floor area farm related retail retail retail (max) commercial establishment establishment and a farm establishment establishment 300 m2 per unit for all other related commercial instances establishment Municipality of Clarington I Zoning By-law XXXX-XX Page 10-4 Draft November 2021 Page 105 Section 10 Rural Commercial Zone Category Regulation &I RC2 R Height (max.) 10.5 m 10.5 m 10 m for a 10 m for a motor fuel bar motor fuel bar canopy canopy 6 m in all other 6 m in all other instances instances Other Merchandise Merchandise sold at an sold at an auction centre auction centre may be stored may be stored for a maximum for a maximum of 30 of 30 consecutive consecutive days days Municipality of Clarington I Zoning By-law XXXX-XX Page 10-5 Draft November 2021 Page106 Section 10 Rural Commercial Zone Category 10.4 Site Specific Exceptions 10.4.1 The provisions of this By-law are modified as set out in Table 10-3, as follows: Table 10-3: Site Specific Exceptions - Rural Commercial Zone Category Exception Additional Use Limited Use Special Regulations Number RC1-1 Bulk fuel distribution establishment RC1-2 Auction centre Merchandise sold on the premises may be stored for a maximum of 30 consecutive days. RC1-3 Garden and nu- e.rY centre RC1-4 Drive -through subject to Section 5.7 RC1-5 Farm related commercial Interior side yard setback (min.) 3 m establishment FI or area (max.) 500 m2 Single detached dwelling RC1-6 Garden centre and nursery RC2-1 Motor vehicle sales and rentals qW RC2-2 Restaurant RC2-3 Recreational vehicle sales and service Lot coverage (max.) 10% Motor vehicle sales and rentals Outdoor display and sales area (max.) 35% Marine sales and service Number of motor vehicles on display (max) 30 Home improvement store RC2-4 Motor vehicle sales and rentals Motor vehicle fuel bar secondary motor vehicle repair garage RC4-1 Motor vehicle sales and rentals Front yard setback (min.) 9 m Motor vehicle fuel bar Interior side yard setback (min.) 20 m Secondary motor vehicle repair Rear yard setback (min.) 150 m garage Motor vehicle body shop Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 10-6 Page107 Section 11 Employment Zone Category (Reserved) 11. Employment Zone Category (Reserved) 11.1 Zones 11.1.1 The Employment Zone Category consists of the following zones: • (E2) Light Industrial Uses 11.2 Permitted Uses 11.2.1 The permitted use of lots in the Employment Zone Category are set out in Table 11-1. A use that is listed as being permitted is only permitted if it satisfies all applicable regulations, including the General Provisions, of this By-law. Table 11-1: Permitted Uses — Employment Zone Category Manufacturing ✓ Processing ✓ Warehouse ✓ Research and Development facility ✓ Business or Administrative Office ✓ Commercial School ✓ Factory Outlet ✓ Accessoryoffice ✓ 11.3 Regulations 11.3.1 The reaulations for lots in the E 7-2. qqlV ent Zone Cateaory are set out in Table Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 11-1 Page108 Section 11 Employment Zone Category (Reserved) Table 11-2: Regulations -Employment Zone Category Lot area (min.) 2000 m2 where serviced by full municipal services 4000 m2 where serviced by private services Lot frontage (min.) 30 m Front yard setback (min.) 7.5 m Exterior side yard setback (min.) 7.5 m Interior side yard setback (min.) 20 m where abutting a residential zone 3 m in all other cases Rear yard setback (min.) 30 m where abutting a residential zone a 0 m in all other cases Landscaped area (min.) 10%, the entire required front vard must be included. A permitted driveway can cross the landscaped area. The area of the driveway will not be included in the calculation of landscaped area. Landscape Strip width (min) 1.5 m where abutting an exterior lot line Lot coverage (max.) 60% Height (min.) 12 m Servicing and Loading setback from front main 15 m wall min Outdoor Storage Area lot coverage (max) 25% pf the total gross floor area of the principal building(s) Outdoor Storage Area location In the rear yard, screened from view of streets and adjacent properties. Outdoor storage areas are not permitted adjacent to provincial highways. Municipality of Clarington I Zoning By-law XXXX-XX Page 11-2 Draft November 2021 Page109 Section 11 Employment Zone Category (Reserved) Municipality of Clarington I Zoning By-law XXXX-XX Page 11-3 Draft November 2021 Page110 Section 11 Employment Zone Category (Reserved) 11.4 Site -Specific Exceptions 11.4.1 The provisions of this By-law are modified asset out in Table 12-3, as follows: Table 11-3: Site -Specific Exceptions — Employment Zone Category Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 11-1 Page111 Section 12 Community Use and Utility Zone Category 4-1,12. Community Use and Utility Zone Category 44,412.1 Zones 11. 1. 112.1.1 The Community Use and Utility Zone Category consists of the following zones: • (RCU) Rural Community Use • (U) Utility 44,2112.2 Permitted Uses 11.2.112.2.1 The permitted use for lots in the Community Use and Utility Zone Category are set out in Table 12-1. A use that is listed as being permitted is only permitted if it satisfies all applicable regulations, including the General Provisions, of this By-law. Table 12-1: Permitted Uses — Community Use and Utility Zone Category Antenna System ✓ Existing cemetery ✓ G19MMUnity nonfro .V/_ Child care centre ✓ Community centre Community Garden ✓ Emergency service facility ✓ Library ✓ Art gallery ✓ Museum ✓ Place of assembly ✓ Place of worship ✓ Public works depot ✓ Public park ✓ Pumping station ✓ Recreation centre ✓ Municipality of Clarington I Zoning By-law XXXX-XX Page 12-1 Draft November 2021 Page112 Section 12 Community Use and Utility Zone Category Elementary school ✓ Secondary school ✓ Transportation, Infrastructure and Utilities ✓ Utility substation ✓ Water pollution control plant ✓ Water supply plant ✓ Stormwater management facility ✓ 12.3 Regulations 11�112.3.1 The regulations for lots in the Community Use and Utility Zone Category are set out in Table 12-2. Table 12-2: Regulations - Community Use and Utility Zone Category Lot area (min.) 4000 m2 460 m2 Lot frontage (min.) Elementary school: 30 m greater of 140 m, or 25% of the site perimeter Secondary school: greater of 280 m; or 25% of the site perimeter All other uses: 30 m Front yard setback (min.) 6 m 6 m Exterior side yard setback 6 m 6 m (min.) Interior side yard setback 10 m where abutting a 10 m where abutting a (min.) Residential zone Residential zone 7.5 m in all other instances 2 m in all other instances Rear yard setback (min.) 10 m where abutting a 10 m where abutting a Residential Zone Residential zone 7.5 m in all other instances 2 m in all other instances Municipality of Clarington I Zoning By-law XXXX-XX Page 12-2 Draft November 2021 Page113 Section 12 Community Use and Utility Zone Category Landscaped area (min.) 39%30% the entire 48%10% the entire required front yard and required front yard and exterior side yard must be exterior side yard must be included. A permitted included. A permitted driveway can cross the driveway can cross the landscaped area. The landscaped area. The area of the driveway will area of the driveway will not be included in the not be included in the calculation of landscaped calculation of landscaped area. area. Lot coverage (max.) 40% 60% Height (max.) 12 m 10.5 m where abutting a Rural Residential (RR) zone 12 m in all other instances Other Outdoor storage is not Outdoor storage isareas permitted are permitted in the rear or School portables are not permitted closer to the side yard behind the principal building street line than the front wall of the principal school building and must comply with all required yard setbacks Municipality of Clarington I Zoning By-law XXXX-XX Page 12-3 Draft November 2021 Page114 Section 12 Community Use and Utility Zone Category 41-412.4 Site Specific Exceptions 11.4112.4.1 The provisions of this By-law are modified as set out in Table 12-3, as follows: Table 12-3: Site -Specific Exceptions - Community Use and Utility Zone Category LiMitea. - Number RCU-1 Place of worship with rooms for Front yard setback (min.) 10 m overnight accommodation. Exterior side yard setback (min.) 10 m Interior side yard setback (min.) 10 m Rear yard setback (min.) 10 m Height (max.) 10.5 m Landscape open space (min.) 20% Rooms for overnight accommodation (max.) 2 Floor area for rooms for overnight accommodation (max.) 14 m2 Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 12-1 Page115 Section 13 Environmental Protection Zone Category 42L.13. Environmental Protection Zone Category 4-2-.413.1 Zones 12 .113.1.1 The Environmental Protection Zone Category consists of the following zones: • (EP) Environmental Protection 4,'L2-13.2 Permitted Uses 12.2.113.2.1 The permitted uses for lots in the Environmental Protection Zone Category are set out in Table 13-1. A use that is listed as being permitted is only permitted if it satisfies all applicable regulations, including the General Provisions, of this By-law. Table 13-1: Permitted Uses - Environmental Protection Zone Category Bed and breakfast subject to Section 4.1 ✓(1) Home business subject to section 4.4 ✓(1) Single detached dwelling ✓(1) Secondary apartment dwelling subject to Section 4.5 ✓��> Non -Residential Uses Farm, excluding buildings and structures ✓ Passive park ✓ Environmental management ✓ Forest, fish and wildlife management ✓ Conservation and flood or erosion control projects ✓ Transportation, infrastructure and utilities ✓ Low intensity recreation ✓ Notations for Table 13-1 Applies to uses existing, or if permission to construct a single detached dwelling existed as follows: • As of November 15, 2001, in the Oak Ridges Moraine Area shown on Schedule I. • As of December 16, 2004, in the Greenbelt Area shown on Schedule EI. Municipality of Clarington I Zoning By-law XXXX-XX Page 13-1 Draft November 2021 Page116 Section 13 Environmental Protection Zone Category As of July 11, 2017 for the remainder of the Municipality 42-313.3 Regulations — (EP) Environmental Protection Zone 12.3.113.3.1 Permitted residential buildings shall comply with the zone regulations for residential uses within the Rural Residential (RR) zone in Table 7-2. Accessory buildings and structures shall comply with Table 3-1. 12.3.213.3.2 Permitted non-residential buildings and structures shall comply with the zone regulations for non-residential uses within the Agricultural zone (A) in Table 14-2. Municipality of Clarington I Zoning By-law XXXX-XX Page 13-2 Draft November 2021 Page117 Section 13 Environmental Protection Zone Category 42 413.4 Site Specific Exceptions 12.4.113.4.1 The provisions of this By-law are modified as set out in Table 13-2, as follows: Table 13-2: Site Specific Exceptions — Environmental Protection Zone Category Exception Additional Use Limited Use Special Regulations Number EP-1 Existing farm related commercial establishment EP-2 Private club C EP-3 f< C`nne ^I' Setback to lot lino between o kennel and a Residential idential zone 1 5. m �� c �v�ccvrccrrcrrc� rrrT c rrrrcrrc �Tr EP-4 Environmental management Passive park Nitrate dilution area EP-5 Single detached dwelling Subject to the Rural Residential (RR) regulations contained in Table 7-2 regulations and the Residential accessory buildings and regulations contained in Table 3-1 structures EP-6 Buildings existing prior to June 26, Front yard setback (min.) 14 m 2006 Easterly side yard setback (min.) 7.5 m Westerly side yard setback (min.) 12 m Rear yard setback (min.) 16 m Lot coverage (max.) 15% Landscape open space (min.) 17% Building height (max.) 8 m EP-7 In -ground swimming pool existing prior to December 3, 2007 EP 8 sineer administrn+i�io Conendary business Uses must he located nemnletely within the exiStiRg b iildiRg offmGe Home imnro-yement store C? ee srcc taFrant Light equipment sales anrd rental Gommernial snheel Mani ifantU Fi=R Drenessinn �--rv�n-rg Content eUtlet Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 13-3 Page118 Section 13 Environmental Protection Zone Category ;AOLr Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 13-4 Page119 Section 14 Agricultural Zone Category Agricultural Zone Category 43414.1 Zones 43.1.114.1.1 The Agricultural Zone Category consists of the following zones: • (A) Agricultural 44.414.2 Permitted Uses 43.2.114.2.1 The permitted use for lots in the Agricultural Zone Category are set out in Table 14-1. A use that is listed as being permitted is only permitted if it satisfies all applicable regulations, including the General Provisions, of this B Table 14-1: Permitted Uses - Agricultural Zone Category Use Residential Uses A Secondary apartment dwelling subject to Section 4.5 ✓ Bed and breakfast subject to section 4.1 ✓ Farm worker accommodations subject to Section 14.4 ✓ Home business subject to Section 4.4 ✓ Home industry subject to Section 4.3 ✓ Single detached dwelling ✓ Non Resoden+„'Farm Uses Farm ✓ Greenhouse ✓ Environmental management ✓ On Farm Diversified Uses Farm experience and education activity subject to Section 14.6 ✓ Farm processing -value-retaining facility, secondary to a farm subject to Section 14.5 ✓ Farm processing- value-added facility subject to Section 14.5 ✓ Farm produce outlet subject to Section 14.7 ✓ Greenho goo Municipality of Clarington I Zoning By-law XXXX-XX Page 14-1 Draft November 2021 Page120 Section 14 Agricultural Zone Category M 43:314.3 Regulations 43.3.114.3.1 The regulations for lots in the Agricultural Zone Category are set out in Table 14-2. Table 14-2: Regulations - Agricultural Zone Category Regulation A Lot area (min.) 40 ha Lot frontage (min.) Farm without buildings or structures 10 m All other lots Im 30 m Front yard setback (min.) Residential use 6 m NOR nd On farm diversified uses 15 m Exterior side yard setback (min.) Residential usel 6 m NOR res;, gmt;alFarm and On farm diversified uses 15 m Interior side yard setback (min.) Residential uses 6 m Farm and On farm diversified uses 15 m Rear yard setback (min.) Residential uses 10 m NOR resideRtialFarm and On Farm diversified uses 15m Lot coverage (max.) Residential uses 5% n on -resod entma!Farm uses 5% On farm diversified uses 2% Greenhouse 35% Floor area Residential uses (min.) 110 m2 Farm worker accommodations (min.) 60 m2 Farm processing— value-added facility (max.) 560 m2 Height (max.) Residential uses 10.5 m Municipality of Clarington I Zoning By-law XXXX-XX Page 14-2 Draft November 2021 Page 121 Section 14 Agricultural Zone Category 4-3-.414.4 Farm Worker Accommodations 43.4.114.4.1 Farm worker accommodations must: (1 } Be located no further than 30 m from a single detached dwelling or agricultural building on the lot, (2) Within the Oak Ridges Moraine Area, be a temporary, mobile or portable unit, unless located within an existing building or structure; (3) Be located on a farm having a minimum lot area of 20 ha; and (4) Meet the Residential Use regulations in Table 14-2. 43-.514.5 Farm Processing Facility 43.5.414.5.1 Farm processing —value-retaining facilities must: (1 ) Have the majority of the product processed, preserved, packaged and/or stored from the farm; and 43.5.214.5.2 Farm processing —value-added facilities must: (1 ) HaveMust suit in a product where the majority of the components or w ingredients of the final product sprocessed, preserved, packaged and/or stored come from the farm; l` (2 secondary and directly r��� atprinnipal fore; � m use; (3) Limit outside employees on any given shift o five; {4}L2)Limit outdoor storage areas to the rear and interior side yard, provided the area does not exceed 25% of the floor area; {&}Q)Screen outdoor storage areas from view by a visual barrier with a maximum height of 2.1 m; and (6)(41Limit outdoor display and sales area to an area of 10% of the floor area. 5 Not exceed 2% of the total lot area of the farm parcel. 14.5.3 Residential and farm buildings and structures used for both farming and as part of the farm processing value-added area shall not be included in the calculation of the 2% of the total lot area. Municipality of Clarington I Zoning By-law XXXX-XX Page 14-3 Draft November 2021 Page122 Section 14 Agricultural Zone Category 43.5.314.5.4 The gross floor area used for the retail sale of farm processing —value- added products must not exceed a maximum fleer aFea of 100125 m2. This area may include a tastina room and outdoor patio for the consumption of products produced at the facility. The retail sale area is included in the calculation of the maximum floor area stated in Table 14-2. 4a.614.6 Farm Experience and Education Activity 43.6.414.6.1 Farm experience and education activities must: (1) Be secondary to the principal farm use; (2) Be clearly farm related through ongoing intefaetiopwith agricultural (3jL2)Have any new buildings and structures located no further than 30 m from a single detached dwelling or agricultural building on the lot; and (4)L3)Not exceed 2% of the total lot area of the farm parcel. 43.6.214.6.2 Rrod Gtinn lands used for the nrewing of Gronc and Farmlands, residential and farm buildings and structures sim„ltano,,,,cl" used for both farming and as part of the farm experience and education activity area shall not be included in the calculation of the 2%-.% of the total lot area. 4-3-.714.7 Farm Produce Outlet 13. .114.7.1 Farm produce outlets must: (1 ) Not exceed a maximum combined floor area and outdoor display and sales area that exceeds 100 m2; P)MBe secondary to the main farm use. Municipality of Clarington I Zoning By-law XXXX-XX Page 14-4 Draft November 2021 Page123 Section 14 Agricultural Zone Category 4"14.8 Site -Specific Exceptions 13.8.114.8.1 The provisions of this By-law are modified as set out in Table 14-3, as follows: Table 14-3: Site -Specific Exceptions - Agricultural Zone Category Exception Additional Use Limited Use Special Regulations Number Garden and nur-sep, centre A-2 Farm related industrial establishment Farm produce outlet floor area (max.) 400 m2 A-3 Contractor's yard establishment Contractor's ya-rddestablishment floor area (max.) 500 m2 A-4 Farm related commercial establishment A-5 Kennel Setback to the lot line between a kennel and a Residential zone (min.) 15 m A-6 Private club A-7 Golf driving range Regulations for a golf club house Front yard setback (min.) 50 m Front yard setback (max.) 150 m Interior side yard setback (min.) 30 m Exterior side yard setback (min.) 50 m Rear yard setback (min.) 15 m Lot coverage (max.) 2% Floor area (max.) 225 m2 Parking spaces (min.) 60 Loading space size (min) 3 m x 7.5 m Loading space front yard and exterior side yard setback (min) 20 m The loading space is not required to abut a building or structure A-8 Storage of non -hazardous dry goods An existing barn may house up to 3 horses within an existing barn A-9 A second single detached dwelling A-10 Home industry floor area (max.) 260 m2 A-11 Warehouse for the storage and sale of Front yard setback (min.) 27 m bulk pre -packaged lubricants, bulk fuel Side yard setback (min.) 20 m distribution establishment, and a transport depot Rear yard setback (min.) 20 m Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 14-5 Page 124 Section 14 Agricultural Zone Category Exception Additional Use Limited Use Special Regulations Number area (max.) 400 m2 Outdoor storage area (max.) 165 m2 Front yard setback for outdoor storage area (min.) 32 m Side yard setback for outdoor storage area (min.) 15 m A-12 Motor vehicle body shop Interior side yard setback (min.) 1.1 m Floor area (max.) 120 m2 Outdoor storage area (max.) 200 m2 Setback for outdoor storage area (min.) 1.1 m The outdoor storage area must be enclosed by a 1.8 m solid barrier privacy fence All waste must be contained within the outdoor storage area A-13 Home business including an Home business floor area (max.) 225 m2 administrative office and storage of No outdoor storage of materials related to the home business equipment and supplies for a cleaning business within an accessory building A-14 3 par golf course excluding a driving Golf course area (max.) 1.6 ha range, mini putt, restaurant or bar Distance between tees (max.) 160 m A-15 Organic waste composting and wood Height of the topsoil berm (min.) 1 m waste processing facility. Bulk Width of the topsoil berm (max.) 35 m wholesale of materials produced on Width of vegetated buffer (min.) 10 m site is permitted as a secondary use Gross floor area (max.) 3,400 m2 A-16 Non-residential uses contained in Table 14-1 A-17 Farm event venue Floor area (max.) 375 m2 Interior side yard setback (min.) 65 m A-18 Farm event venue Floor area (max.) 400 m2 A-19 Sixteen single detached dwellings Front yard setback (min.) 15 m Clubhouse Exterior side yard setback (min.) 15 m Interior side yard setback (min.) 15 m Rear yard setback (min.) 15 m Landscaped area (min.) 10% Lot coverage (max.) 5% Club house floor area (max.) 200 m2 Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 14-6 Page 125 Section 14 Agricultural Zone Category NumberException A-20 Additional Use Private radio 3nmmuninoiinn iewe-rantenna system Limited Use Floor area (max.) 50 m2 Height of tower (max.) 80 m A-21 Existing salvage yard A-22 Existing motor vehicle wrecking yard A-23 One additional single detached dwellinq for Farm worker accommodations Lot area (min.) 4 ha Greenhouse lot coverage (max.) 57% 411h, A retail establishment for the sale of , ront Yard Setback 7.5 m Lot coverage 2 % Within the Oak Ridges Moraine Boundary, only those additional uses that existed as of November antiques and crafts Tea room and/or tea garden, and 15, 2001 are permitted. business or administrative office ancillary to a permitted use A-25 Agricultural Produce Warehouse and Agricultural Produce Warehouse Means a building or part of a building used for the storage of agricultural produce and may include Agricultural Chemical Dealership facilities for wholesale distribution or an accessory retail commercial outlet for the sale of such agricultural produce to the general public. A-26 Motor vehicle wrecking yard Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 14-7 Page126 Section 15 Major Recreational Zone Category 44,15. Major Recreational Zone Category 4A-.415.1 Zones 14�115.1.1 The Major Recreational Zone Category consists of the following zones: • (MR1) Major Recreational 1 (Ski Resort) • (MR2) Major Recreational 2 (Speedway) • (MR3) Major Recreational 3 (Zoo) • (MR4) Major Recreational 4 (Water Park) • (MR5) Major Recreational 5 (Golf Course) 44:215.2 Permitted Uses 14 115.2.1 The permitted use for lots in the Major Recreational Zone Category are set out in Table 15-1. A use that is listed as being permitted is only permitted if it satisfies all applicable regulations, including the General Provisions, of this By- law. Table 15-1: Permitted Uses - Major ficreati ne Category A. Ski resort + ✓ Speedway ✓ Zoo ✓ Secondary kennel ✓ Secondary pet cemetery ✓ Secondary campground ✓ ✓ ✓ Active park ✓ Golf course ✓ Uses permitted in the Agricultural (A) zone as set out in Table 14-1 ✓ ✓ ✓ 4A-315.3 Regulations 14�115.3.1 The regulations for lots in the Major Recreational Zone Category are set out in Table 15-2. Municipality of Clarington I Zoning By-law XXXX-XX Page 15-1 Draft November 2021 Page127 Section 15 Major Recreational Zone Category Table 15-2: Regulations - Major Recreational Zone Category Lot area 40,000 m2 (min.) Lot frontage 100 m 100 m (min.) Front yard 15 m Track 50 m Kennel 65 m 20 m 15 m setback 40 m in all 15 m in all (min.) other other instances instances Exterior side 15 m Track 50 m Animal 20 m 15 m yard setback Campground Enclosure (min.) 10 m 6.5 m 40minall 15minall other other instances 40 instances m Interior side 15 m Track 50 m Kennel 2.5 20 m 15 m yard setback 40 m in all m (min.) other Animal instances Enclosure 6.5 m 7.5 m in all other instances Rear yard 15 m Track 50 m Animal 20 m 15 m setback 40 m in all Enclosure (min.) other 6.5 m instances 10.5 m in all other instances Municipality of Clarington I Zoning By-law XXXX-XX Page 15-2 Draft November 2021 Page128 Section 15 Major Recreational Zone Category Landscaped 40%40%, a area (min.) permitted driveway can cross the landscaped area. The area of the driveway will not be included in the calculation of landscaped area. Lot coverage 25% 25% 15% 25% 5% (max.) Height (max.) Kennel 5 m 10 m 10 m in all other instances Other Campground Camping is limited to lot (min.) 5 200 m2 recreational vehicles aGGOMmedat in people, including sanitary facilities and space for educational instruction Municipality of Clarington I Zoning By-law XXXX-XX Page 15-3 Draft November 2021 Page129 Section 15 Major Recreational Zone Category 44-415.4 Site Specific Exceptions 44.4.115.4.1 The provisions of this By-law are modified as set out in Table 15-3, as follows: Table 15-3: Site -Specific Exceptions - Major Recreational Zone Category Exception LNumbe MR5-1 Front yard setback (min.) 35 m Miniature golf front yard setback (min.) 3 m Municipality of Clarington I Zoning By-law XXXX-XX Page 15-4 Draft November 2021 Page130 Section 16 Overlay Zones 44.16. Overlay Zones 4-5-.416.1 Aggregate Extraction 15.1.116.1.1 The permitted use for lots in the (AE) Aggregate Extraction overlay are set out in Table 16-1. A use that is listed as being permitted is only permitted if it satisfies all applicable regulations, including the General Provisions, of this By-law. Table 16-1: Permitted Uses - Aggregate Extraction Pit ✓ Environmental management MY ✓ Farm in accordance with the regulations contained in Table 14-2 for non-residential uses ✓ 45.1.216.1.2 The regulations for lots in the Aggregate Extraction overlay are set out in Table 16-2. Table 16-2: Regulations - Aggregate Extraction Front yard setback (min.) 30 m 90 m from the lot line of an abutting Residential zone, or the portion of a lot with an existing weffi'^a residential use in existence when the Aggregate Resource Act license was issued. 30 m in all other instances Exterior side yard setback (min.) 30 m 90 m from the lot line of an abutting Residential zone or a portion of lot with an existing dw-e ffinrva residential use in existence when the Aggregate Resource Act license was issued. 0 m where the adjacent lot is zoned "Aggregate Extraction" (AE) and the lot is included in the same license under the Aggregate Resource Act. 30 m in all other instances Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 16-5 Page 131 Section 16 Overlay Zones Interior side yard setback (min.) Rear yard setback (min.) 30 m from the lot line of an abutting Residential zone, a lot with an existing dwelling 15 m in all other instances 30 m from the lot line of an abutting street, Residential zone, a lot with an existing dwelling 15 m in all other instances 16.2 Zones and Uses Abutting the Aggregate Extraction Overlay 90 m from the lot line of an abutting Residential zone or a portion of a lot with an existing ^'we n a residential use in existence when the Aggregate Resource Act license was issued. 0 m where the adjacent lot is zoned "Aggregate Extraction" (AE) and the lot is included in the same license under the Aggregate Resource Act 30 m in all other instances 90 m from the lot line of an abutting Residential zone or a portion of a lot with an exiStiRg .dwegin`Ya residential use in existence when the Aggregate Resource Act license was issued. 0 m where the adjacent lot is zoned "Aggregate Extraction" (AE) i and the lot is included in the same license under the Aggregate Resource Act 0 ' r 30 m in all other instances 15.1.316.2.3 The provisions of this By-law are modified for the Site -Specific exceptions for the Aggregate Extraction overlay as set out in Table 16-3, as follows: 14 Table 16-3: Site -Specific Exceptions - Aggregate Extraction Overl AE-1 Importation and stockpiling of limestone for the purpose of resale and blending with material extracted on -site Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Maximum amount of imported limestone annually: 50,000 tonnes, provided 100,000 tonnes of aggregate was extracted from the pit in the previous calendar year Northerly interior side yard (min.) 15m SetbaEkNortherly interior side yard adjacent to an Environmental Protection (EP) zone which is a naturalized area (min.) 30 m Distance below natural grade for an aggregate processing plant, including crushing and other processing equipment (min.) 7.5 m Page 16-6 Page132 Section 16 Overlay Zones Exception Additional Use Limited Use Special Regulations Number from an aggregate processing plant to a residence (min.): 300 m where located up to 22.5 m below natural grade 400 m where located between 15 m and 22.5 m below natural grade 500 m where the equipment is located 7.5 m below natural grade Maximum disturbed area 45 ha Disturbed Area Means the areas of the licensed pit which is used for aggregate operations including the extraction, processing and stockpiling of aggregates and which has not completed final rehabilitation. It does not include areas subject to site alteration 45 hathe Oak Ridges Moraine Pilot Protect as defined on a drawing entitled "Progressive and Final Rehabilitation Plan" prepared by Skelton Brumwell dated July 19, 2006. Natural Grade Means the elevations depicted on a drawing entitled "Existing Features and Cross Sections" Prepared by Skelton Brumwell dated July 19, 2006 with the exception of the Existing Licensed Pit in which case it means the average nearest spot elevation on the east and west sides of the existing licensed area. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 16-7 Page133 Section 16 Overlay Zones 4-5-.416.3 Natural Core Area and Natural Linkage Area 45.4.216.3.1 New buildings and structures are only permitted where permission to construct existed on November 15, 2001. 16.3.2 On farm diversified) Iisted in farm. 1 are only permitted on a viable 1W T5:516.4 High Aquifer Vulnerability Areas and Wellhead Protection Areas 45.5.416.4.1 The following uses are prohibited on the lands identified as High Aquifer Vulnerability Areas (H and Wellhead Protection Areas (WPA) on Schedule H: • Generation and storage of hazardous waste or liquid industrial waste; • Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities; • Underground and above -ground storage tanks that are not equipped with an approved secondary containment device; • Storage of contaminants listed in Schedule 3 (Severely Toxic Contaminants) to Ontario Regulation 347 under the Environmental Protection Act; • Low, Moderate and High -risk land uses identified in Schedule 'E' — Table 'E5' in the Region of Durham Official Plan; • Moderate k land uses 'deR ed i�hed ile 'E' Table'Ed�te l7eoion of Durham Official Plan within Wellhead Protection Areas A R C e e a D; and aR cn-ra--v � rrcr Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 16-1 Page 134 Section 16 Overlay Zones 45-.616.5 Landform Conservation Areas and Greenbelt Natural Heritage System 45.6.116.5.1 The following regulations contained in Table 16-4 apply within Landform Conservation Area overlays outside of the Aggregate Extr0GtOOR Overlay and within the Greenbelt Natural Heritage Systemindicated on Schedule H, outside of the Aggregate Extraction overlay and Major Recreational Zones as indicated on Schedules A through E—ardF=:. Table 16-4: Regulations - Landform ConservagWAreas Maximum net developable area that may be disturbed Maximum net developable area that may have impervious surfaces 25% of total he lot area located withir the landform 15% of totafffe lot area located within the landform" the IVrrea locat�hin the la'ndfor nservation area 20% of tetafthe lot area lorst d within the andform conservation area 16.5.2 Within the Greenbelt natural heritage system identified on Schedule G, the following regulations apply: (1) A maximum of 25% of the lot area that does not include natural heritage features and hydrologically sensitive features and the vegetation arotection zone may be disturbed: and Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 16-2 Page 135 Section 16 Overlay Zones (2) A maximum of 10% of the lot area that does not include natural heritage features and hydrologically sensitive features and the vegetation protection zone may be covered with impervious surfaces. Municipality of Clarington I Zoning By-law XXXX-XX Page 16-3 Draft November 2021 Page136 Section 17 Future Development Zone Category 4-6-.17. Future Development Zone Category 4"17.1 Zones 46.1.117.1.1 The Future Development Zone Category consists of the following zone: (FD) Future Development 4"17.2 Permitted Uses 46.2.117.2.1 No new principal buildings are permitted. 46.2.217.2.2 The permitted use for lots in the Future Development Zone Category are set out in Table 17-1. A use that is listed as being permitted is only permitted if it satisfies all applicable regulations of this By-law. Table 17-1: Permitted Uses - Future Development Zone Category Accessory buildings and structures for an existing residential permitted use subject to Table 3-1 ✓ Farm, excluding livestock ✓ Farm buildings and structures, excluding livestock facilities ✓ Bed and breakfast subject to Section 4.1 ✓ Home business subject to Section 4.4 ✓ Environmental management ✓ Municipality of Clarington I Zoning By-law XXXX-XX Page 17-1 Draft November 2021 Page137 Section 17 Future Development Zone Category 17.2.3 Existing buildings or structures may be expanded to a maximum of 20 % of the aross floor area or 50 m2. whichever is areater. Municipality of Clarington I Zoning By-law XXXX-XX Page 17-1 Draft November 2021 Page138 Section 18 Holding Zones 47,18. Holding Zones 47-.418.1 Holding Zones ?.1.118.1.1 Lands subject to a Holding (H) provision are listed in Table 18-1 in accordance with Section 2.7. Table 18-1: Regulations - Holding Zones Holding Symbol H1 Enter into a development agreement with the Municipality H2 Corn plefiGnApproval of an archaeological study to the satisfaction of Council H3 Complete mitigation contained in the Environmental Impact Study to the satisfaction of the Municipality (file PLN17.9.12) H4 Removal of regional storm floodplain H5 Approval from the Ministry of the Environment, Conservation and Parks for the change of use from the former motor vehicle wrecking yard H6 Approval from the Ministry of the Environment, Conservation and Parks for the change of use from the former gas station H7 Completion of required studies and enter into a development agreement with the Municipality. Municipality of Clarington I Zoning By-law XXXX-XX Page 18-1 Draft November 2021 Page139 Section 19 Temporary Use Zones 44K-'19. Temporary Use Zones 49419.1 Temporary UsesUse Zones 48.1.119.1.1 Temporary uses shall be permitted in accordance with Table 19-1. Table 19-1: Permitted Uses - Temporary Use Zones Municipality of Clarington I Zoning By-law XXXX-XX Page 19-1 Draft November 2021 Page140 Section 20 Transition 4-9,20. Transition 44420.1 Building Permits 49.1.120.1.1 Nothing in this By-law prevents the erection of a building or structure in accordance with a building permit application submitted prior to the date fthe passing of this B„_laweffective date, provided the building permit complies with all prior zoning by-laws that applied before this By-law came into effect. 4-9-.220.2 Planning Applications 49.2.120.2.1 Nothing in this By-law shall prevent the erection of a building or structure in accordance with any minor variance or site plan approved by the Municipality prior to the .,late of the passing of this By la -effective date. 44.420.3 Lapse of Transition Provisions 19.3.120.3.1 Section 20 shall lapse and is deemed to be deleted three years after the date of passing of this By-law. For clarity, this provision shall not require an amendment to this By-law to take effect. Municipality of Clarington I Zoning By-law XXXX-XX Page 20-1 Draft November 2021 Page 141 Section 21 Enforcement 20,21. Enforcement 2�221.1 Inspections 20.2.121.1.1 Subject to the restrictions set out in section 49 of the Planning Act, R.S.O. 1990, R.S.O. 1990 respecting dwellings, a Municipal Law Enforcement Officer may enter any land, building or structure at any reasonable time for the purpose of carrying out an inspection to determine whether or not this By-law is being complied with. 20�221.1.2 For the purposes of an inspection, the Municipal Law Enforcement Officer may require the production for inspection of documents or things relevant to the inspection and any information from any person concerning a matter related to the inspection. 20.2.321.1.3 No person can obstruct or attempt to obstruct with an inspection undertaken by a Municipal Law Enforcement Officer. 2-G-.321.2 Offences and Penalties 20�421.2.1 Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Planning Act, R.S.O. 1990 and such other sanctions as are provided for in the Provincial Offences Act. 2a.421.3 Repeal of Existing Zoning By-laws 20.4.121.3.1 Zoning By-laws 84-63 and 2005-109, and all amendments to it, are repealed. 20-.521.4 Continuation of Existing Regulations 20.5.421.4.1 All By-laws in force within the Municipality prohibiting or regulating the use of land or buildings or structures are hereby amended as necessary to give effect to the provisions of this By-law and the provisions of this By-law shall govern, provided however, where this By-law does not apply, existing Municipal By-laws remain in full force and effect. Municipality of Clarington I Zoning By-law XXXX-XX Page 21-1 Draft November 2021 Page142 Section 21 Enforcement 2"21.5 Effective Date 20.6.121.5.1 This By-law shall come into effect on the date of its passi this by-law was passed bV Council, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990. Municipality of Clarington I Zoning By-law XXXX-XX Page 21-2 Draft November 2021 Page143 Section 22 Definitions 24,22. Definitions ��I 1 122.1.1 The terms set out below shall have the following meanings: Accessory A building, or structure that is normally incidental and exclusively devoted to the principal building, structure or use located on the same lot. Active Park A park that may include a recreation area, playground, swimming pools, picnic areas, gardens, boating facilities, playing fields, parking areaslots and recreational structures and facilities but shall not include a campground or trailer park. Adult Entertainment Parlour An establishment in which goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations are provided as part of a trade, calling, business or occupation. Adult Home Care A home business that provides temporary care and companionship to senior citizens and/or adults over the age of 18 with disabilities for a period not exceeding 24 consecutive hours. Aggregate Sand, gravel, clay, earth, shale, stone, limestone, dolostone, sta,Rdstonesandstone, marble, granite and other non-metallic ores. Aggregate Processing Plant Equipment for the crushing, blending, screening and/or washing of extracted aggregate by mechanical means, including the stockpiling of the aggregate, but excluding a concrete batching plant, an asphalt plant or a cement manufacturing plant... Aggregate Recycling The crushing of used asphalt and concrete and/or the blending of it with sand and gravel or crushed stone, including the temporary stockpiling of materials used in an active recycling operation on the same site. Aisle Part of a parking arealot used for the maneuvering or circulation of motor vehicles. Alvars Means naturally open areas of thin or no soil over essentially flat limestone, dolostone or marble rock, supporting a sparse vegetation cover of mostly shrubs and herbs. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-1 Draft November 2021 Page 144 Section 22 Definitions Amenity Area An area that is designed and intended primarily for the leisure and recreation of the residents of a building or site. Anaerobic Digesters A permanent structure (in use or not) for the decomposition or organic matter by bacteria in an oxygen -limiting environment which may produce nuisance odours. Animal Enclosure A building, structure, fenced area or any combination of the three that secures an animal from the public. Antenna System i, An exterior transmittina device. or arouo of devicls. used to receive and/ or to transmit radio -frequency signals, microwave signals, or other federally licenced communications energy transmitted from, or to be received by, other antennas. Antenna Systems include the antenna and may include a supporting tower, mast r supporting structure and an equipment shelter. Apartment Building 4 A residential building containing 4 or more jaenttdwellings which have a common entrance from street level. The occupants have equa"its to use all common halls, stairs, elevators, yards, and amenity areas. Apartment Dwelling A dwelling located either within an apartment building or a building that contains other uses permitted by this By-law. Aquifer Vulnerability An aquifer's intrinsic susceptibility, as a function of the thickness and permeability of overlying layers, to contamination from both human and natural impact on water quality. Areas of Natural and Scientific Interest Areas of land and water containing natural landscapes or features which have been identified by the Ministry of Natural Resources and Forestry as having values related to natural heritage protection, scientific study, or education. Art Gallery An establishment open to the public where the principal use is the exhibition of paintings, photographs, sculptures, pottery, and other visual art. Asphalt Plant A permanent facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material and includes stockpiling and storage of bulk materials used in the process. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-2 Page145 Section 22 Definitions Attached A building or structure otherwise complete in itself that depends upon a d'V'S'GR Wall shared common wall with an abutting building or structure for complete enclosure. Attic The portion of a building situated wholly or in part under a roof, but which is not a storey or a one-half storey. Auction Centre An establishment used for the sale of goods, and materials by auction. Auto Auction Centre A building, structure or lands used for the storage of moter vehiGles ,^,hick are to he on the promises by a„ntoon and fer theand sale of —,aid motor vehicles by auction on an occasional basis. Banquet Hall An establishment used for banquets, wedding receptions, conventions, or similar functions, for which food and beverages are prepared and served to guests on the premises. Bar An establishment that sells liquor under a provincial license which may provide live entertainment and/or dancing. The term bar shall not include an adult entertainment parlour. Basement The portion of a building between two floor levels that has less than 50% of its height below the average finished grade of the lot on which the building is located. Bed and Breakfast An establishment that provides sleeping accommodation (which may include breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the traveling or vacationing public within a single detached dwelling that is the prinn;pa� residenne of the proprietor. The owner/operator is a resident of the single detached dwelling. A quest room must not be rented more than 30 consecutive days and is limited to a combined rental period total of 180 days in a calendar year. Berm A man-made mound of earth used to provide visual or acoustic screening, or to protect property. Block Townhouse BuildinglDwelling A townhouse buil ngdWgllingwhich gains access to a street or lane via a private street on a commonly held parcel of land and/or a common driveway. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-3 Draft November 2021 Page146 Section 22 Definitions Boarding or Rooming House A building in which more than 2 and less than 6 bedrooms intended for use as separate living accommodations, without kitchen facilities, are rented. Shared bathroom, kitchen and living facilities may be provided. The building may include a dwellings for the proprietor and/or his agent. Body -Rub The kneading, manipulation, rubbing, massaging, touching, or stimulating by any means, of a person's body or part thereof, but does not include medical or therapeutic treatment given by a person otherwise duly licensed or registered under the laws of the Province. Body -Rub Parlour An establishment were a body -rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body -rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly licensed or registered to do so under the laws of the Province. Buffer An area intended to minimize potential conflict between land uses. Building A structure used for the shelter, accommodation or enclosure of persons, animals, goods, materials or equipment that is supported by columns or walls, has one or more floors, is covered by a roof and is permanently affixed to the land. Building Permit An approval issued by the Chief Building Official of the Municipality of Clarington pursuant to the Building Code Act. Building Supply Outlet A retail establishment which offers a wide varietv of buildina broducts such as construction materials and tools, hardware, electrical supplies, plumbing and related fixtures, bathroom and kitchen cabinetry, doors and windows, home decorating materials including paint, wallpaper, flooring, carpeting, and lighting and may include the fabricating of building materials. The term bulk may include a garden centre. Bulk Fuel Distribution Establishment An establishment where fuel is stored in bulk fuel storage tanks and sold to the operators of commercial motor vehicles or to a commercial distributor or reseller of the fuel. The term bulk fuel distribution establishment shall not include a motor vehicle fuel bar. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-4 Page147 Section 22 Definitions Bulk Fuel Storage Tank A tank for the bulk storage of petroleum, diesel or other fuels, oil, gas or flammable liquid or fluid but does not include a container for flammable liquid or fluid legally and properly kept in a retail store or a tank for storage merely incidental to some other use of the premise where such tank is located. Business or Administrative Office An establishment in which one or more persons are employed in conducting, managing, or administering a business. The term business or administrative office includes the administrative offices of a government agency, a non-profit organization, or a charitable organization. t Business Services An establishment that serves businesses by providing services that support their operations, such as communication services, delivery seWices, copy centre, printi 8 Campground A parcel of land where individu es are rented on a transient or seasonal basis for the placement of recreational vehicles, or tents, for recreational or vacation purposes. Secondary uses such as washrooms and laundry facilities are permitted. Camping Lot A part of a campground which is occupied on a temporary basis only, by recreational vehicles, or tents. Cannabis Production Facility A building used for the cultivation, processing, testing, destruction, packaging and/or shipping of cannabis as permitted and licensed by the federal government. Carport A roofed structure open on at least two sides that is accessory to a dwelling and used for the parking or storage of a motor vehicle. Caterer An establishment, ORGl ding a restaurant, in which meals are prepared and delivered for consumption off the premises. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-5 Draft November 2021 Page148 Section 22 Definitions Cellar The portion of a building between two floor levels that has 50% or more of its height below the average finished grade of the lot on which the building is located Cemetery Lands, buildings and structures subject to the GemetermesFuneral, Burial and Cremation Services Act, 2002 used for the internment of deceased er onchuman remains. Secondary uses may include a mortuary, and a mausoleum, but shall not include a crematorium. Chief Building Official A Chief Building Official appointed under section 3 or 4 of the Building Code Act, 1992. Child Care Centre An establishment licensed by the Province and used for the temporary care and education of children on a regular basis for continuous periods not exceeding 24 consecutive hours. The term child care centre shall not include a school. Child Home Care A home business that provides temporary care and education of children not exceeding 24 consecutive hours. Commercial Dock Facility An area of land and/or a structure attached to the shore of Lake Ontario where material, excluding liquid or chemical petroleum products, is stored and loaded and unloaded from ships. The term commercial dock facility includes the stockpiling of solid bulk materials, but shall not include a warehouse, a bulk fuel distribution establishment, the storage of liquid materials, or the handling of transport containers. Commercial Motor Vv*cle Any motor vehicle or bus, excluding public transit vehicles, designed or operated for construction activity; or the transportation of ^report„ er a bus, eXGlUdinn publi^ transit vehiclesgoods, which exceeds 2.6 metres in width or 7 metres in length. Commercial School A school conducted for profit or gain and shall include a music or dance studio, an art school, a golf school, a school of athletics, a business or trade school, and other specialized schools. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-6 Draft November 2021 Page149 Section 22 Definitions Common Wall A vertical wall separating two buildings between the top of the footings to the underside of the roof and that is mutually common to both buildings. ARM Community Centre A building and associated lands owned by the Municipality and either operated by the Municipality or by a non-profit corporation for use by residents of the Municipality for community activities including, but not limited to recreational, social, charitable and educational purposes. Concrete Batching Plant A plant where dry materials stored are weighed, batched and distributed to trucks as part of a process to produce concrete. The dry materials magi be mixed With the ,n,a R the truGk or mixed with water On a stationary mixeF prior to beiRg distributed to the +ram A concrete batching plant may include concrete recycling. Condominium A building or group of buildings in which units are held in private ownership and floor space, facilities and/or outdoor areas used in common are owned, administered and maintained by a corporation created pursuant to the provisions of the condominium. Connectivity The degree to which natural heritage features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs. Conservation Authority A conservation authority having jurisdiction in the Municipality. The term conservation authority shall include the Central Lake Ontario Conservation Authority, the Ganaraska Region Conservation Authority, the Kawartha Region Conservation Authority, and the Otonabee Region Conservation Authority. Contractor's YardEstablishment An eRclosed aestablishment used for the storage of equipment, vehicles and materials used in the conduct of a contracting business. Convenience Store A retail establishment that sells a limited range of food, household and convenience items. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-7 Draft November 2021 Page 150 Section 22 Definitions Correctional Residence A secure facility licensed, funded or approved by the Province within which the residents, who are on probation, on parole, or awaiting trial, or who have been admitted to the facility for correctional or rehabilitation purposes, live together under 24 hour supervision in a group living arrangement. Crisis Care Facility An establishment operating as a dwelling —it and used for short term supervised accommodation of people who require a temporary living arrangement for their well- being. Deck A structure that is located a minimum of 0.2 metres above finished grade that does not have a roof. Drive -Through A facility that provides or dispense products or services through an attendant, window, or automated machine, to customers remaining in motor vehicles located in a drive - through queue aisle. A drive -through may be in combination with other uses such as a financial institution, dry cleaners establishment, dry cleaning distribution center, motor vehicle fuel bar, restaurant, or a store. A drive -through does not include a motor vehicle wash. Drive -Through Queue Aisle An on -site stacking aisle that is used exclusively for motor vehicles waiting for service from a drive -through window, which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs. Drive -Through Restaurant A restaurant with a drive -through. Driveway A portion of a lot extending to the street line, designed to provide motor vehicle access from the lot to the traveled portion of the street, private street or lane. Dry Cleaners Distribution Centre An establishment used for the collection and distribution of clothing and/or fabric articles which are dry-cleaned off the premises which many include the pressing of any such clothing or articles. Duplex Buildingl3welling A two cf�residential dwelling in a building that is divided horizontally into two separate dwe 44gsdwelling, with each dweftg-having a separate entrance either directly from the outside or through a common vestibule. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-8 Draft November 2021 Page 151 Section 22 Definitions Duplex Dwelling ------------- 01 ow One or more habitable rooms connected, occupied or capable of being occupied as an independent housekeeping establishment, in which kitchen and sanitary facilities are provided for the exclusive use of the occupants. The term dwelling does not include a tent, a -recreational vehicle, or a -room or a group of rooms in a boarding or rooming house, farm worker aGGommodations, a accommodation, mobile home, retirement home, -a hotel, or a motel. Dwelling L-4*p -Area The habitable area contained within the inside walls of a dwelling excluding any garage, carport, porch, deck, veranda, unfinished attic, cellar or sunroom; (unless such sunroom is habitable in all seasons of the year) and, excluding public or common halls or areas, stairways and the thickness of outside walls. Eat In Restaurant A restaurant in which tables and/or counters are provided for the use of customers. Effective Date * 71 The date on which this By-law As passed By-law. which on aooeal. is amended by ai Elementary School or in the case of ant part of this rio Land Tribunal pursuant A school that offers education for all or some of the grades from Junior Kindergarten to Grade Eight, recognized by the Ministry of Education and which may include facilities for boarding students registered at the school. Emergency Service Facility An establishment housing emergency personnel, their supplies, equipment and vehicles authorized by a public authority to provide emergency services. Environmental Management The maintenance, protection, restoration and/or enhancement of ecosystem forms and functions and may include wetland restoration and/or creation, vegetative planting, watercourse fencing, management, enhancement and rehabilitation. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-9 Page 152 Section 22 Definitions Established Building Line The average yard setback from the street line efheto existing principal buildings on one side of a street orv4vate st eetwithmeasured a minimum of throe lots where t least Fothe-four lots on t#ateither side of the et, ee+ p.ate street have been e per4lot within the same zone category; Establishment A building, structure and/or area of land within or on which an activity referred to in this By-law is conducted. Existing Legally in existence prior to the dote of the passing of +hic Gz„_I—A effective date. Exterior Lot A lot situated at the intersection of and abutting upon two streets, private streets, lanes or the same street where the interior angle of the intersection of the street lines is not more than 135 degrees. In the case of a curved corner, the interior angle of the intersection shall be measured as the angle formed by the intersection of the extension of each of the street lines. Exterior Side Lot Line A side lot line abutting a street or private street on an exterior lot. Exterior Side Yard Exterior Side Yard shall mean a yard extending from an exterior side lot line to the wall of the building, structure or outdoor area extending from the front yard to the rear yard. Factory Outlet kept for wholesale or retAdMle. Farm IT .. sheepprodUGtiOR of forage and feed Grops, son! and seed Grops, vegetables and fo wool prodUCtOOR, fruits of all kiRd ORG'uding grapes, Ruts and berries, bees and apiary predUGtS, maple predUGtS, nurseries, floral and greenhouse produGtS, poultry and r r The use of land, buildings or structures for agriculture which includes the growing o crops, including nursery, biomass, and horticultural crops;• of • • • Municipality of Clarington I Zoning By-law XXXX-XX Page 22-10 Draft November 2021 Page 153 Section 22 Definitions other animals for food, fur or fiber, including poultry and fish; aquaculture; apiaries; forestry; maple syrup production; and associated on farm buildings and structures, including, but not limited to livestock facilities, manure storages, value -retaining facilities. Farm Event Venue An event venue secondary to a farm, who .44. It is used for social gatherings for people who are not part of the farm operation, and the event is not related to normal farm practices. It may or may not be open to the public and is operated for profit or gain. Farm Experience and Education Activity A secondary aGtivityuse that is directly aSSE) ateed related to agriculture and an existing farm and which consists of adding a component of information, education, or entertainment to any, exlstinga farm. Farm Processing —Value -Retaining T retann their value The grading, sorting, packing, drying of crops primarily produced on properties which form part of the farm where the facility is located. Farm Processing Value -Added A secondary use involving the processing and refining of GFOPS nred Uned On properties whjnh form port of the farm teproducts made from produce grown on the farm into a final retail product. The final retail nredUOt Oonsjsts of the GFOPS nred Ged en the form andThere may me ,de s, Gh uses as,butbe no more than 5 employees who do not 10moted-te jams and baked needsreside on the farm. Farm Produce Outlet An outlet that is secondary to a farm -and, located on the same lot, and operated by the owner of the farm, in which fresh fruits, grains, plants, flowers, grasses and vegetables grown on the farm are offered for sale, stand may also include the limited sale of value-added farm products made from the produce grown on the farm, such as jam, pies, honey, wine, meat, eggs or dairy products. The limited sale of preserving supplies, other food products, home crafts, flowers and produce and bedding plants grown locally, in Ontario, may also be included. Farm Related Commercial Establishment A farm related commercial use that is small in scale, required to be in -close proximity to the farming community and is directly related to the business of farming such as farm equipment dealerships, farmers markets, farm auction centre, farm supply store. Farm Related Industrial Establishment An industrial operation that processes farm commodities from the area such as abattoirs, feed mills, grain dryers, cold/dry storage facilities, fertilizer storage and distribution facilities, food and beverage processors (en. Wineries and cheese factories) and agricultural biomass pelletizers. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-11 Draft November 2021 Page 154 Section 22 Definitions Farm Worker Accommodations Temporary accommodations for seasonal farm workers located on a farm. Such accommodation does not serve as the principal place of residence of an occupant. A mobile home or recreational vehicle may be used for farm worker accommodations. Financial Institution nn estab fishmontA bank or credit union where money is deposited, kept, loaned or exchanged, and must ;n„lude o honk Or nredit union. Financial Office An establishment where financial advice or services are provided to persons and businesses. The term financial office includes the offices of a finance company, mortgage company, insurance company, financial advisor, financial broker, and an investment company, but does not include a financial institution. Finished Grade S The lowest elevation of the finished surface of the rou butting the exterior walls of a building or structure. Fitness Centre An establishment that provides facilities for recreational or athletic activities. Fish Habitat The saawnina arounds and nurserv. rearina antl food stEDly. and miaration areas on which fis depend directly or indirectly in order to carry out their life processes as further identified by the Department of Fisheries and Oceans (Canada) Fixed Grad10 MP elevation of the qround at the fro►Ylot line measured at the midpoint of the Flea Market An establishment where floor space is made available to two or more individual retail operators, and where the space allocated to each retail operator is not physically separated by walls which extend from the floor to ceiling from the space allocated to other retail operators. Flood Proofing The measures taken to ensure that a structure is safe from the effects of flooding. Floodplain The area of land adjacent to a watercourse that may be subject to flooding. Floor Area The total horizontal area of a floor or floors. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-12 Page155 Section 22 Definitions Forestry The management, development and cultivation of timber resources in accordance with good forestry practice. Fourplex BuildingQff2lling ... wall extending frern The whole of residential building that is divided vertically and horizontally by common maSORFYwalls above finished grade into four separate dwellings and each dwelling_ Each dwelling has an independent entrance either from the outside or through a common vestibule. Front Lot Line In the case of an interior lot, a lot line dividing the lot from the street, lane or private street shall be deemed to be a front lot line. In the case of an exterior lot, the shorter lot line abutting a street, lane or private street shall be deemed to be a front lot line, and the longer lot line abutting a street, lane or private street shall be deemed to be an exterior side lot line. In the case of a through lot whether or not such lot is deemed to be an exterior lot, the lot line where the principal access to the lot is provided shall be deemed to be a front lot line. Front Yard A yard extending across the full width of the lot between the front lot line and the wall of th,ea principal building or tr-u -tu a permitted on the lot. Funeral Home An establishment used for human funeral services, which may include the embalming and performing other services used in the preparation of deGeased per -so human remains for burial, the storage of caskets, funeral urns and other related funeral supplies, and the storage of funeral vehicles. A funeral home shall not include facilities for cremation. Gaming Establishment An establishment operated on a commercial or for -profit basis and which may offer to the public coin -operated gambling machines, video lottery terminals, gambling services through a special closed-circuit network or telephone network, and gaming tables with persons employed as dealers to supervise and officiate specific forms of gaming activity, for the purposes of wagering, gambling, or betting. Garage A building or structure, 'Rd diRg a Garner/' designed and/or used for the parking of motor vehicles accessed by a driveway, and where household equipment incidental to the residential use may be stored. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-13 Draft November 2021 Page 156 Section 22 Definitions Garden and Centre An establishment where gardening materials and vegetation such as flowers, plants, shrubs, and trees are sold to the public including the sale or rental of such goods, products, and equipment normally required for gardening. Garden Suite A ^residential struGtumbuildinq containing washroom and kitGheR faGilitiesa dwelling that is designed to be portable and that is secondary to a single detached dwelling constructed on the same lot. Golf Club House A facility secondary to a golf course or a private club which may include uses such as a Golf Course An area of land operated for the purpose of playing golf, and may include secondary uses such as a golf driving range, a mini -putt, a golf club house, a restaurant, and a bar. Golf Driving Range An area of land where the sport of golf is practiced from individual tees, and may include secondary uses for the storage and rental of golf balls and golf clubs, a mini - putt, and a practice green. Good Forestry Practice The proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which it is being applied and that minimize detriments to forest values, including: significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health; and the aesthetic and recreational opportunities of the landscape. Good forestry practice includes the cutting and removal of hazardous, severely damaged, diseased and insect -infested trees that must be removed in order to prevent contamination or infestation of other trees, or that no longer contribute to the achievement of forest values. Greenhouse A structure whose roof and sides are made primarily of transparent or translucent material and within which plants are cultivated. Such use may also include the wholesale and/or retail sale of greenhouse products produced in the greenhouse, but shall not include a greenhouse used for cultivation of plants that will later be transplanted outdoors principally for the farmer's use on the farm. Grocery Store A retail establishment where all types food and other household items are offered for sale, primarily on a self-service basis. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-14 Draft November 2021 Page 157 Section 22 Definitions Gross Commercial Floor Area The total of the floor area of each floor measured from the exterior face of the exterior walls, whether such floor is above or below finished grade, that is designed and/or used for commercial purposes permitted by the By-law, but excluding any part of the building used for mechanical equipment, parking, loading, common garbage storage, elevators, stairs or storage below finished grade. Where a floor is used for both residential and commercial uses permitted by this By-law, the gross commercial floor area shall be measured from the exterior face of exterior walls and/or the centre line of interior walls separating the commercial uses from the residential uses. Gross Leasable Floor Area That portion of gross commercial floor area that is designed for the occupancy and exclusive use of tenants and that is capable of accommodating uses such as sales, display, storage or offices, and excludes public common areas and walkways. Where a single use occupies a floor, gross leasable floor area shall be measured from the exterior faces of exterior walls. Where a floor is divided into different uses by walls, gross leasable floor area shall be measured from the exterior face of exterior walls and/or the centre line of interior walls separating such uses. Gross Residential Floor Area The total of the floor area of each floor measured from the exterior face of the exterior walls, excluding garages, mechanical equipment, parking, loading, common garbage storage, elevators, stairs, cellars, unfinished attics, and sunrooms that are not habitable year-round. Where two or more dwellings share a common wall, gross residential floor area shall be measured from the centre line of the common wall. In the case of an apartment building or a block townhouse buildingdwellin , gross residential floor area shall also include common indoor areas located within the same building or on the same lot. Where a floor is used for both residential and commercial uses permitted by this By- law, the gross residential floor area shall be measured from the exterior face of exterior walls and/or the centre line of interior walls separating the residential uses from the commercial uses. Ground Floor The lowest storey of a building closest to finished grade. Group Home A provincially -licensed detached dwelling used as special needs housing accommodating up to 10 persons, exclusive of staff, but shall not include halfway house. Guest A person, other than a boarder, who contracts temporary accommodation in a bed and breakfast, hotel, motel, motor hotel or campground and includes all the members of the person's party. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-15 Draft November 2021 Page 158 Section 22 Definitions Guest Room A room or suite of rooms in a hotel, motel, motor hotel, or bed and breakfast establishment used or maintained for the temporary accommodation of an individual or individuals to whom hospitality is extended for compensation. Habitable Room A room within a building that is designed and used for year-round human occupation, including finished basements, cellars and attics. Habitat of Endanaered Species and Threatened Species Means & 4.11 a) With respect to a species listed on the Species at Risk in Ontario List as an endangered or threatened species for which a regulation made under clause 560)(a) of the Endangered Species Act 2007 is in force the area prescribed tw that regulation as the habitat of the species; or endangered or threatened species, an area on which the species depends, directly or rearing, hibernation, migration or feeding, Resources; and c) Places in the areas described in claus( used by members of the Species -as dens by the Ontario Ministry of Natural hibernacula or other residences. Heavy Service Shop An establishment for servicin air of mWorvehicles, recreational vehicles commercial motor vehicles, co tion equipment, industrial equipment, farm equipment and similar articles Height The Height of a building or structure shall be measured as the vertical distance between the finished grade adjacent to each wall of the building or structure and: In the case of a flat roof, the highest point of the roof surface; In the case of a gable or hip roof, the average Height between the eaves and the ridge of the roof; In the case of a mansard or gambrel roof, the roof deck line. In the case of a saltbox roof, the average Height between the eaves and the peak of the longer roofline. Home Craft The crafting of small items that are made by hand or with the use of small tools. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-16 Page159 Section 22 Definitions .. Home Business An occupation or business that is a secondary use to a permitted residential use. A home business may include an adult home care, business or administrative office, caterer. child home care. home craft. instructional service. liaht service shoo. medical office, personal service, or pet home care. Home Industry JL I'll A small scale industrial operation that is a secondary use to a permitted residential use. Home Industries may include carpenter's shoD. electrician's shop. Dlumber's shoD. shop. farrier service, sawmill and repair and retail sale of antiau Hospital An establishment approved under the Public Hospitals Act for the treatment of patients. Hotel An establishment that caters to guests by furnishing private sleeping accommodations and washroom facilities, and consists of one or more buildings containing at least three individual rental accommodation units that share a common ground level entrance. A hotel may provide secondary uses such as a restaurant, bar, and conference and recreational facilities. Hydrologically Sensitive Feature Land that includes, wetlands, watercourses, seepage areas and springs, aquifers, recharge areas, groundwater features and lakes and their littoral zone. Impervious Surface A surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking arealots. Improved Public Street A street or road under the jurisdiction of the Province, the Region or the Municipality, which is maintained so as to allow normal vehicular access to adjacent properties throughout all seasons of the year. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-17 Page 160 Section 22 Definitions Infrastructure The combination of public works and facilities including streets, transit terminals, municipal water and sewage systems, stormwater systems, schools, hospitals, libraries, parks, community and recreation centres, and any other public projects. Interior Lot A lot other than an exterior lot or a through lot. Interior Side Lot Line A side lot line that is not an exterior side lot line. Interior Side Yard A yard extending from an interior side lot line to the wall of the building, structure or outdoor area extending from the front yard to the rear yard; Kennel An establishment where four or more dogs, cats or other domestic animals are being boarded or trained for a fee, or kept for the purposes of breeding. Landform Conservation Area An area possessing significant landform features such as steep slopes, kames, kettles, ravines and ridges. Landform Feature Distinctive physical attrib tes of land such as slope, shape, elevation and relief. Landscaaina decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land. .. Landscaped Area An open area designed and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-18 Page 161 Section 22 Definitions shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, patios or similar areas, but shall not include any driveway, ramp, curb, parking arealot, or any space below, within or on top of a building or structure, or any lands zoned Environmental Protection (EP). Landscape Open Space The open unobstructed space from ground to sky on a lot which is used exclusively for landscaping, and includes any surfaced walk, patio, deck or similar area no more than 200 mm above finished grade, at its highest point. Landscape open space does not , - --I-- - - --I----1-.--.--------I1-----1-,----,-�-- ---------- ------ beneath or within any building or structure. Landscape Strip An area of land primarily used for any one or more of the planting of sh grass or other horticultural, such as decorative sto work, fencing or sc -- - - - - --- - ---n mi. - - --- - - - - -- - - - - - - ------------- NUMMMITE Lane A road owned by the Municipality having a right-of-way width of 10 metres or less that provides either the primary access to abutting lots or the secondary access to abutting lots where the primary access/frontage is available from a street. The term lane shall not include a street. Laundry An establishment where the service of laundry cleaning, using only water, detergents and additives, is made available to the public. Legal Non -Conforming Any land, building, structure or use prohibited by this By-law provided such land, building, structure or use lawfully existed on the date of passing of this By-law, as long as it continues to be used for that purpose. Library A public library within the meaning of The Public Libraries Act, as amended. Light Service Shop An establishment that provides small-scale servicing and or repair of household goods, accessories, electronic devices, and appliances abut excluding small engines, eXduding and motor vehicle needs. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-19 Page 162 Section 22 Definitions Link Dwelling A building constructed to be separated vertically into two separated dwellings, connected underground by footing and foundation, and does not shaFesharing a common wall above ground, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Linked Townhouse Dwelling One of a group of three or more dwelling units separated vertically. Livestock Facilities All livestock barns and manure c+�estorages on a lot, as swell-asincluding those unoccupied IiyeE;tGGk barns andor unused manure sterage. Loading Space An area that is provided on the same lot upon which the principal use is located, which is used for the temporary parking of one commercial motor vehicle while merchandise or materials are being loaded or unloaded. Long Term Care Facility A facility regulated through the Ministry of Health and Long Term Care, that provides accommodation for people requiring a broad range of 24 hour health care, personal care and support care within a supervised and secured setting and where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms, medical care facilities and personal services, may also be provided. Lot A parcel of land that is described in a deed or other document legally capable of conveying an interest in the land; or shown as a lot or block on a registered plan of subdivision. Lot Area The total horizontal area bounded by the lot lines of a lot, including any lands usually covered by water. Lot Coverage The percentage of the lot area at finished grade covered by the vertical projection of all buildings and structures. Where a lot is divided into more than one zone, except for the Environmental Protection (EP) zone, the lot coverage in each zone shall be calculated as it applies only to that portion of the lot that is located within the specific zone. An un- enclosed swimming pool shall not be considered as a structure for the purposes of calculating lot coverage. Lot Frontage The minimum straight-line distance between the side lot lines measured along the front lot line of a lot. Where the front lot line is not a straight line or where the side lot lines Municipality of Clarington I Zoning By-law XXXX-XX Page 22-20 Draft November 2021 Page 163 Section 22 Definitions are not parallel, the lot frontage is measured along a line parallel to the chord of the lot frontage and 6 metres from the front lot line. The chord of the lot frontage is measured as a straight line joining the points where each side lot line intersects the front lot line. Lot Line Any boundary of a lot or vertical protection of thereof. Main Wall The exterior wall of a building or structure which supports a roof. Manufacturing The use of land, buildings or structures for the purpose of production, preparing, packaging, altering, processing and/or assembly of any good, substance, material or service that is distributed to consumer retailers. Marina An establishment located on a navigable waterway containing a boat dock or mooring facilities for boats, personal watercraft, and other motorized and non -motorized watercraft. Facilities for the repair and servicing of watercraft and for the sale of marine accessories, fuels and lubricants may be provided—_ Mechanical Penthouse A room or enclosure on the roof of a building exclusively used for mechanical equipment, a stair tower, and/or elevator equipment. Medical Clinic An office building occupied by medical offices which may include such uses as reception areas, office for consultation, examination, x-ray facilities, minor operating rooms, medical laboratories, and pharmacies, provided that all such uses have access from the interior of the building. Medical Office An establishment where medical physicians, dentists, chiropractors, optometrists, osteopaths, naturopaths, occupational or physical therapists, and/or other medical professionals, either singularly or in union, provide diagnosis and treatment to the general public without overnight accommodation. Minimum Distance Separation Formulae A formulae and guidelines developed by the Province, as amended from time to time, to separate land uses so as to reduce incompatibility concerns about odour from livestock facilities. Mixed -Use Building A building with at least one dwelling and a non-residential use. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-21 Draft November 2021 Page 164 Section 22 Definitions Mobile Home A dwelling designed to be mobile, ands constructed or manufactured to provide a temporary, mobile or portable residence for one or more persons, but does not include a recreational vehicle as defined by this By-law. Mobile Refreshment Vehicle A vehicle used exclusively for the sale of food and beverages, designed and intended to move from one location to another on a regular basis and on short notice and may include facilities for cooking. Model Home A finished dwelling that is used as an example of a product offered for sale or lease by a realtor, builder, developer, or contractor. The dwelling may be furnished but not occupied as a residence while being used as a model home. Motel An establishment that caters to the needs of the travelling public by furnishing private sleeping accommodations and washroom facilities and that consists of one or more buildings containing at least three individual rental accommodation units that have separate entrances from the outside. A motel may include secondary uses such as a restaurant, bar and recreational facilities. Motor Vehicle An automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven by other than muscular power, but does not include a street car or other motor vehicles running only upon rails, power -assisted bicycle, motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or a road building machine. Motor Vehicle Body Shop An establishment where painting or repairing of the exterior and/or undercarriage of motor vehicle bodies is undertaken; and may include a towing service and motor vehicle rentals for customers as secondary uses. Motor Vehicle Fuel Bar An establishment for dispensing fuel to motor vehicles that consists of fuel pumps, andelectric vehicle charging stations and/or a kiosk for the fuel bar attendant within which motor vehicle accessories and fluids and pre -packaged snack food items may be offered for sale. Motor Vehicle Repair Garage An establishment where automotive maintenance is performed on motor vehicles, including oil changes, ignition timing adjustments, rust proofing, the installation or repair of transmissions, exhaust systems, brakes, automotive glass and tires, but shall not include a motor vehicle body shop. Secondary uses may include the limited sale of automotive products such as antifreeze, sparkplugs, and batteries. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-22 Draft November 2021 Page165 Section 22 Definitions Motor Vehicle Sales and Rentals An establishment where new or used motor vehicles are displayed for sale, rent, or lease. Secondary uses may include a motor vehicle body shop and a motor vehicle repair garage. Motor Vehicle Wash An establishment where mechanical equipment or self-service facilities are used for the washing of motor vehicles. A motor vehicle wash shall have water and sanitary sewer services provided by a public authority. Motor Vehicle Wrecking Yard An establishment where motor vehicles are dismantled and made inoperative; and are stored primarily outside. A motor vehicle wrecking yard may include the sale of used motor vehicle parts, but shall not include motor vehicle sales, a waste transfer station or a recycling facility. Motorized Recreational Competition Any competition involving sport and other recreational activities using motorized vehicles for the purposes of entertainment or recreation, and may include tractor pulls, snowmobile races, motorcycle/moto-cross events, and automobile races. Municipal Law Enforcement Officer An officer or employee of the Municipality of Clarington charged with the duty of enforcing the provisions of this By-law. Municipality The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires. Museum A building where collections of art, objects of natural history, mechanical or scientific inventions, instruments, models, designs, documents, and artifacts such as furniture and clothing are preserved and displayed primarily for educational purposes and not for sale. A museum may include secondary uses such as gift shops, libraries, snack bars, reading rooms, laboratories and administrative offices. Natural Heritage Feature Land that ;n��,,,�o�lncludes, but is not limited to features and areas, including Wetlands, Woodlands, Wildlife Habitat, Fish Habitat and Riparian Corridors, Valleylands, Areas of Natural and Scientific Interest (ANSI), rare vegetation communities; and Habitat of Endangered Species or Threatened Species. Natural Heritage System A system made up of natural heritage features and areas, hydrologically sensitive features and linkages intended to provide connectivity (at the regional or site level) and support natural processes which are necessary to maintain biological and geological Municipality of Clarington I Zoning By-law XXXX-XX Page 22-23 Draft November 2021 Page 166 Section 22 Definitions diversity, natural functions, viable populations of indigenous species, and ecosystems. These systems can include natural heritage features and areas, hydrologically sensitive features, federal and provincial parks and conservation reserves, other natural heritage features, lands that have been restored or have the potential to be restored to a natural state, areas that support hydrologic functions, and working landscapes that enable ecoloaical functions to continue. Natural Hazards Property or lands that could be unsafe for development due to naturally occurring processes. Along the shorelines of the Great Lakes -St. Lawrence River System, this means the land. includina that covered by water. between the international boundary where applicable, and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along the shorelines of large inland lakes, this means the land, including that covered by water, between a defined offshore distance or depth and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along river, stream and small inland lake systems, this means the land, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits. Naturalized Area An area designed to enhance and restore the self-sustaining vegetation, providing opportunities for connectivity enabling the movement of vegetation and wildlife. Net Developable Area The area of a lot or site, less a area that is within a natural heritage feature or a hydrologically sePgaftation sitive featur Not -for -Profit A registered charitable or registered not -for -profit organization that operates for cultural, educational, or religious goals, social welfare, recreation, amateur sport or any other similar community initiative for any purpose except profit. Nursery A building or part of a building and land used for growing of sod, flowers, bushes, trees, shrubs, or other gardening, landscapinq or orchard stock. Office Building A building containing at least two business or administrative offices and/or professional service offices, which includes common halls, stairs and/or elevators, and which may also include services principally for the occupants of the building such as a cafeteria and a snack bar. One-half Storey A storey located wholly or in part under a sloping roof in which there is sufficient space to provide a height between finished floor and finished ceiling of at least 2.3 metres over a floor area equal to at least 50% of the floor area of the storey immediately below. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-24 Page167 Section 22 Definitions Outdoor Display and Sales Area An outdoor area that is used for the display products or services in association with the Drimary use of the lot. Outdoor Storage Area An area of land not located within a building that is used for the storage of goods, equipment or materials and that is normally accessory to a permitted use located on the same lot. Overlay Zone A set of zoning requirements that is described in the text of this By-law, is mapped and imposes additional regulations to the underlying zone category. Park An area permanently devoted to recreational uses, owned by or leased to a public authority, and used for both passive and/or active forms of recreation designed to serve the public. Parking AreaLot Shall moan An area not located on a street, private street, or lane that is used for t#emultiple parking ofsi es for more than one motor vehicle with or without a fee being charged and can include electric vehicle charging stations, but shall not include any area where motor vehicles are impounded or kept or stored for sale or repair. Parking Space PaFkiRg Spacehal�„-me-an An area not located on a street, private street, or lane and exclusive of aisles, ramps or columns used for parking one motor vehicle and may include a garage. Passive Park A park, owned by or leased to a public authority, which provides passive recreation opportunities, such as non -motorized trails, bird sanctuaries, wildlife reserves, and may include structures and facilities necessary to encourage and promote recreational/educational/instructional pursuits. Person Includes a corporation. Personal Service An establishment in which services are provided for a fee to satisfy the needs of persons, such as a hairdresser, pet grooming, a tailor shop, a shoe repair shop, a dry cleaners distribution centre, or a laundry, but shall not include a gaming establishment or an adult entertainment parlour. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-25 Draft November 2021 Page 168 Section 22 Definitions Pet Cemetery Lands, buildings and structures used for the internment of domestic animals. Pet Grooming An establishment where domestic animals are groomed, but does not include retail sales of goods, overnight boarding of animals or outdoor animal facilities. Pet Home Care A home business that provides temporary care, grooming and/or training of dogs or cats for continuous periods not exceeding 24 consecutive hours. Pit An area of land where unconsolidated aggregate such as gravel, stone and sand is extracted pursuant to a license or a permit issued under the Aggregate Resources Act. A pit may include as a secondary use an aggregate processing plant, and/or aggregate recycling, and/or facilities to allow for the extraction transport, beneficiation, outdoor storage, processing and recycling of mineral aggregate resources. Place of Assembly to An establishment in which permanent or temporary seating is provided for an audience for athletic, business, civic, educational, entertainment, political, religious or social purposes. Place of Entertainment An establishment where entertainment or amusement is provided for a fee, and includes such uses as a bingo hall, bowling alley, or an ice or roller skating rink, but shall not include a gaming establishment or an adult entertainment parlour. Place of Worship An establishment dedicated to religious worship such as a church, a synagogue, a mosque, or a temple. A place of worship may include secondary uses such as a child care centre, school of religious education, convent, monastery, rectory or place of assembly, and an existing cemetery. Porch A structure connected to a main wall of a building that has a roof supported in part either by pillars or by walls, with at least one side open. Portable Asphalt Plant A facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material; and includes stockpiling and storage of bulk materials used in the process. A portable asphalt plant is not of permanent construction and is to be dismantled and moved to another location as required and at the completion of the construction project. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-26 Draft November 2021 Page 169 Section 22 Definitions Principal *: Principal The primary purpose for which a lot, building, structure or any combination, is used, designed, arranged, occupied or maintained. Private Club An establishment within which the me members of an association, club, cultural group or community group meet periodically to conduct the activities of the association, and for social activities, cultural events, performances, or exhibitions. Private Special Event An event, the duration of which is temporary in nature, for the purpose of celebrating a special occasion which is not open to the public and is not conducted for profit or gain. Private Street A road maintained privately not under the jurisdiction of the Municipality, the Region, or the Province. Processing The sorting, preparing and packaging of raw, semi -processed, processed and/or material goods that result in a finished product Professional Service An establishment in which a service is provided for a fee that administers to the needs of businesses, or a service is provided by professionally qualified persons and their staff to clients or patients who seek advice, consultation or treatment. The term professional service includes a travel agency, photographer, veterinary clinic, medical office, legal office, real estate office, financial office, photocopy centre, private investigator, data processing and computer services, personnel agency, and similar uses. Province The Province of Ontario. Provincial Highway A highway under the jurisdiction of the Ministry of Transportation. Public Authority Any department, agency, commission, board, corporation or authority of the Municipality, the Region, the Province, the Government of Canada, the Greater Toronto Transit Authority, a conservation authority, or a public -school board. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-27 Draft November 2021 Page 170 Section 22 Definitions Public School Board The term public school board shall include the Kawartha Pine Ridge District School Board, the Peterborough Victoria Northumberland and Clarington Catholic District School Board, the Conseil Scolaire de District Catholique Centre — Sud, or the Conseil Scolaire de District Centre — Sud — Ouest. Public Special Event A cultural, recreational, educational or similar event including fairs, festivals and carnivals, the duration of which is temporary in nature. It is open to the public and may be conducted for profit and gain. Public Works Depot An establishment operated by the Municipality, the Region, or the Province where equipment, motor vehicles, and materials such as road salt and sand used for public works purposes are stored and/or maintained. Pumping Station An establishment used for the purpose of pumping substances such as sewage, municipal water, oil or natural gas. Quarry An area of land where consolidated aggregate, such as shale, stone, limestone, dolostone, sandstone, marble, granite, or rock is extracted pursuant to a license or a permit issued under the Aggregate Resources Act. A quarry may include as a secondary use an, aggregate processing plant, and/or aggregate recycling. Rear Lot Line A lot line (or point of intersection of the side lot lines) furthest from and opposite to the front lot line. Rear Yard Rear yard shall mean a yard extending across the full width of the lot between the rear lot line and any wall of the principal building, structure or outdoor area permitted on the lot; Recreation Centre A building and associated lands owned by the Municipality and either operated by the Municipality or by a non-profit corporation for use by residents of the Municipality for community activities including, but not limited to recreational, athletic, social, charitable and educational purposes. Recreational Vehicle A motorozed or non_motorozed vehicle that is designed to be used predominan# for recreational purposes, 'n^igwhich may include recreational/camping trailers, motorhomes, snowmobiles, boats, personal watercraft, all -terrain vehicles, or similar vehicles. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-28 Draft November 2021 Page 171 Section 22 Definitions Recycling Facility An establishment where non -hazardous solid waste such as paper, glass, metal, construction waste and plastic is collected, separated, or processed for further use. The processing and/or the storage of goods, wares, merchandise, or articles occurs wholly within a building. Refreshment Cart Any non -motorized vehicle used exclusively for the sale of prepackaged food and beverages, which does not include facilities for cooking. Refreshment Vehicle A commercial motor vehicle or trailer located either on a permanent or temporary basis where food or meals are offered for sale to the public for immediate consumption primarily off -site. Region The Corporation of the Regional Municipality of Durham. Required Yard The minimum yard required by the provisions of aw. Research and Development Facilitv An stablishment used for the se of conducting pure and applied research and rimentation and includes sM facilities as adninistrative offices. laboratories. and machine shaaaA&.serve the research and development facility. Residential Care Facility An establishment operating as a single housekeeping unit, for a maximum of eight individuals, exclusive of staff and/or receiving persons, with social, legal, emotional, mental and/or physical disabilities, and where the well-being of its residents is provided for and supported through self-help, professional care, guidance and supervision. The residential care facility is either licensed or funded under provincial or federal statute. Any counseling or support services provided in the residential care facility shall be limited to those required by the residents. The term residential care facility shall not include a correctional residence. Restaurant An establishments, including a caterer, where tables and/or counters for the use of customers may be provided and prepared food and beverages are offered for sale to customers for immediate consumption. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-29 Page 172 Section 22 Definitions Retail An establishment where goods or merchandise are sold. Retail Warehouse A retail use which contains at least 1,400 square metres of gross leasable floor space, of which at least 80% is visible to customers and is used primarily for the combination of storage and display for retail sale of goods in a warehouse format. Retirement Home A residential facility, licensed by the Retirement Home Regulatory Authority that provides accommodation in suites primarily for retired persons or couples. Such suites shall not have a stove or range and shall have separate entrances from a common hall. Common facilities for the preparation and consumption of food are provided. Common lounges, recreation rooms, medical care facilities and ancillary uses such as a beauty salon, barber shop or tuck shop may also be provided. Right -of -Way An area of land on which has been created and registered against the title of the lot on which it is located, perpetual easements appurtenant to one or more lots that provide access to such lots to a street or lane. The term right-of-way shall not include a private street. Salvage Yard An establishment where goods or materials such as scrap metal are stored wholly or partly in the open. Limited processing of the stored materials is permitted as ana secondary use. A salvage yard shall not include a motor vehicle wrecking yard. Sand barrens r Land (not including land that is being used for agricultural purposes and no longer exhibits sand barrows characteristics) that: a) Has sparse or patchy vegetation that is dominated by plants that are: a. adapted to severe drought and low nutrient levels; and b. maintained by severe environmental limitations such as drought, low nutrient levels and Deriodic disturbances such as fire. b) Has less than 25 per cent tree cover; c) Has sandy soils (other than shorelines) exposed by natural erosion, depositional process or both; and Municipality of Clarington I Zoning By-law XXXX-XX Page 22-30 Draft November 2021 Page 173 Section 22 Definitions d) Has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources. as amended from time to time. Sanitary Sewer An adequate system of underground conduits, operated by a Public Authority, which carries sewage to an adequate place of treatment which meets with the requirements of the Ministry of Environment. Savannah Land not including land that is being used fora rid#ral es and no exhibits savannah characteristics) that: a) Has veaetation with a sianificant comoonent of non- odv DI includi fire, or both; MAL b Has from 25 per cent to 60 per cent tree cover; c) Has mineral soils; and 16 d) Has been further identified. by the Ministry of Natural Resources or by anv other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time. Sawmill An establishment where timber is cut by machine. The temporary storage of uncut and cut wood and facilities for the sale of cut lumber are permitted as a secondary use. School An institution for instruction and may include a public, private or separate school, college, university or commercial school. Seepage Areas and Springs round surface. Secondary Use A use in conjunction with and subordinate to a principal use. Secondary Apartment Dwelling A secondary dwelling unit within a permitted dwelling or a permitted detached garage that is registered with the Municipality Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-31 Page 174 Section 22 Definitions Secondary School A school that offers education, which prepares students for an Ontario Secondary School diploma, recognized by the Ministry of Education and which may include facilities for boarding students registered at the school. Semi -Detached BuiidongDwelling AA dwelling in a residential building constructed to be separated vertically into two separate dw-e ging uni:t dwellings, connected by a common wall above and below ground, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. But does not include a dwelling upkto be erected next to or added onto an existing single detached dwelling. Shipping/Cargo Container A prefabricated metal container or box specifically constructed for transport of goods by rail, ship or transport truck. A shipping/cargo container includes an on -demand storage container_ Shopping Centre An establishment containing a minimum of three retail units, which is designed and managed as a single, comprehensively planned development with common on -site circulation and parking for motor vehicles and a common access to an abutting street. Short -Term Rental residen4dWhe d Side Lot Line A lot line other than a front lot line or a rear lot line. Side Yard A yard extending from the required front yard to the required rear yard and from the side lot line of the lot to the nearest part of any building or structure on the lot. Sight Triangle A triangular -shaped area of land at the intersection of two streets that has been dedicated to a Public Authority Significant Wildlife Habitat Areas of the natural environment where plants, animals, and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concerns may include areas where species concentrate at a Municipality of Clarington I Zoning By-law XXXX-XX Page 22-32 Draft November 2021 Page175 Section 22 Definitions vulnerable point in their annual or life cycle; and areas which are important to migratory and non -migratory species. Single Detached Dwelling A completely detached building containing one dwelling. Site Alteration Activities such as filling, grading and excavation that would change the landform and natural vegetative characteristics of land, but does not include: a) The construction of facilities for transportati ,infrastructure and utilities uses, by a public body; or b) For greater certainty: i. The reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001; or ii. The carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001. Ski Resort An establishment where snow skiing facilities including ski lifts, tows, maintenance shops, ski rental, sales, and instructions are provided. A ski resort may include as a secondary use a restaurant and/or a snack bar. Soft Landscaping T atThe portion of a lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements and that is not covered by impervious surfaces. rial but shIt must not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areaslots, decorative stonework, walkways, patios, screening or other landscape architectural elements. Special Event Special Event shall mean an activity that is of a temporary duration and that is limited to one or more of the following uses: an exhibition, a fair, a parade, a carnival, or a religious or music festival. The term special event shall not include a motorized recreational competition Special Needs Housing Housing that is suited to the specific needs of certain households or individuals and includes group homes, crisis care facilities, hospices, rest homes and independent permanent living arrangements where support services such as meal preparation, grocery shopping, laundry, housekeeping, respite care and attendant services are provided. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-33 Page 176 Section 22 Definitions Speedway An establishment where motor vehicle racing, competitions and training occur on a track. Secondary uses to the speedway may include, concession stands for the sale of food and souvenirs, grand stand grandstands, buildings for vehicle maintenance and storage, and may include over -night camping. Stacked Townhouse Dwelling One of a group of three or more `'welling uRi_t dwellings which are separated vertically and/or horizontally, provided that each dwelling-un# has a separate entrance. Stationary Refreshment Vehicle A vehicle used exclusively for the sale of food and beverages, which may contain cooking facilities; must be parked or placed in a specific location in order to operate; and although it may be moved at the end of the work day, or various different locations on a daily basis, it cannot close down and relocate on short notice; Storage Facility 1441W A building consisting of self-contained units that are leased or owned for the storage of business and household goods. Storey *4 The portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. A mezzanine shall be deemed to be a storey. Stormwater Management Facility Means a detention basin that temporarily stores or treats collected stormwater runoff and releases it at a controlled rate. Street A road or public highway under the jurisdiction of the Municipality, the Region, or the Province that is maintained so as to allow normal use by motor vehicles throughout all seasons of the year, or a road or a public highway located within a registered plan of subdivision that has not yet been assumed by a public authority. The term street shall not include a lane. Street Line A limit of a street, private street or lane adjacent to a property line. Street Townhouse Dwelling A townhouse dwelling which fronts onto a street, is separated vertically from the other dwellings in the townhouse building; and has a separate entrance. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-34 Draft November 2021 Page 177 Section 22 Definitions Structure A man-made construction that is fixed; or placed to the earth or attached to another building or structure on a temporary or permanent basis. The term structure shall include a free-standing fence or wall, but shall not include a motor vehicle, a truck trailer, a recreational vehicle, pavement, curbs, walkways or other open-air surfaced areas. Studio Apartment Dwelling An apartment dwelling consisting of a maximum of two habitable rooms for living, dining, sleeping and kitchen accommodation in appropriate combination, and not more than one washroom. Swimming Pool An artificial body of water contained within a structure constructed of cement, plastic, metal, fibreglass or similar material that is 61 centimeters (24 inches) in depth or more and intended primarily for swimming and/or diving. Take -Out Restaurant A restaurant where tables and/or counters for the use of customers are not provided. Tallgrass Prairie Land (not including land that is being used for agricultural purposes and no longer exhibits tallgrass prairie characteristics) that: a) Has vegetation dominated by non -woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both; b) Has less than 25 Der cent tree cover: c) Has mineral soils; and d) Has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources as amended from time to time. Temporary Sales Office A mobile home or a permanent building, including a model home, used exclusively by a realtor, builder, developer or contractor on a temporary basis for the sale, lease, display and marketing of residential units, lots and dwellings within a draft approved subdivision, condominium plan or site plan. Tent A portable and temporary shelter with or without side panels that is not permanently fixed to the ground, that is supported by poles, and that is made of canvas, plastic or similar materials. Theatre An establishment devoted to showing motion pictures or live performances; and may include secondary uses such as a snack bar. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-35 Draft November 2021 Page 178 Section 22 Definitions Through Lot A lot bounded on two opposite lot lines by streets, lanes and/or private streets. A lot that qualifies as both an exterior lot and a through lot shall be deemed to be an exterior lot. Where a through lot that is not an exterior lot has frontage on more than one street, the front yard setback provisions of the zone in which the lot is located shall apply to the lot line to which principal access to the lot is gained. Townhouse BuildlaggA211ing AA dwelling in a residential building divided vertically or horizontally into a minimum of three separate dwellings, with each dwelling having a direct access from finished grade. Trailer A vehicle designed to be a+t,Gheaconnected to a motor vehicle for the purposes of being drawn or propelled. The term trailer shall not include a trailer that is designed to be attaGhedconnected to a commercial motor vehicle. Transport Depot An establishment where commercial motor vehicles are kept for rent or lease, or are parked for a fee, or from which commercial motor vehicles are dispatched, and may include facilities for servicing and repairing the commercial motor vehicles stored at the site as a secondary use. Transportation, Infrastructure and Utilities Public highways, transit lines, railways and related facilities, gas and oil pipelines, sewage and water service systems and lines and stormwater management facilities, power transmission lines, telecommunications lines and facilities, including broadcasting towers, bridges, interchanges, stations, and other structures above and below ground, that are required for the construction, operation of these uses and any rights of way required for these facilities. Triplex Buildingl3welling AA dwelling in building that is divided horizontally into three separate dwellings each of which has an independent entrance either directly from the outside or through a common vestibule. Use When used as a noun, the term use shall mean the purpose or function for which a lot, building or structure or any combination, is designed, arranged, occupied or maintained. When used as a verb, use and used shall have corresponding meanings. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-36 Draft November 2021 Page 179 Section 22 Definitions Utility Substation A building or structure used in connection with the transmission and delivery of electricity or telephone service, t does not a teleGomMUROGatiORS t0wer. An outdoor storage area is net permitted in assnnia}inn with this use Valleyland A natural area that occurs in a vallev or other landform dearession that has water Vegetation Protection Zone A vegetated buffer area surrounding a natural heri}age feature or hydrologically sensitive feature within which only those land uses permitted within the feature itself are permitted. A vegetation protection zone is intended to be restored with native, self- sustainina veaetation and be of sufficient ukth to Drotect the feature and its functions from effects of the DroDosed chanae and Ksociated activities before. durina. and after Veterinary Clinic An establishment where a veterinarian administers care for the cure, prevention, and treatment of disease and injury to animals, and that may also contain a shelter for animals during the treatment period. Visibility Triangle A triangular -shaped area of land abutting a street, lane, or private street that is Fegt An establishment used for the storage and distribution of goods, wares, merchandise, substances, or articles, and includes facilities for the loading and unloading of commercial motor vehicles. Waste Includes domestic waste, industrial waste, commercial waste, institutional waste, and any other material defined as waste by applicable provincial legislation. Waste Disposal Site Land, buildings and/or structures where domestic and/or industrial, commercial or institutional waste is permanently stored or disposed of. The term waste disposal site includes a landfill site and an incinerator; but shall not include any facility for the disposal of liquid or hazardous wastes. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-37 Page 180 Section 22 Definitions Water Park A commercial establishment in which water -based recreational activities such as swimming pools and water slides are provided. Water Supply System A water distribution system of underground piping and related storage, including pumping and purification appurtenances. Watercourse Any bay, lake, natural channel, other than a drainage or irrigation channel. Wayside Pit A temporary pit opened and used by or for a public authority solely for the purpose of a particular road construction project or contract and not located on a road allowance pursuant to a permit issued under the Aggregate Resource Act. Wayside Quarry A temporary quarry opened and used by or for a public authority solely for the purpose of a particular road construction project or contract and not located on a road allowance pursuant to a permit issued under the Aggregate Resou rXUL. Wetlands • Lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is at or close to the surface awdefined by either the Ministry of Natural Resources, the Conservation Authority, or through a comparable evaluation. In either case. the Dresence of abundant water has caused the formation of hvdric soils and has favoured the dominance of either Woodlands Treed areas that Drovide enAWnmental and economic benefits to both the Drivate cycling, provision of clean arr and the long-term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide range of woodland products. Woodlands include treed areas, woodlots or forested areas and vary in their level o%ignificance at the local, regional and provincial levels. Woodlands may be delineated according to the Forestry Act definition or the Province's Ecological Land Classification system definition for "forest". Woodlands are greater than 4 ha located outside of settlement areas, or greater than 1 ha in settlement areas. Significance of woodlands within the Oak Ridges Moraine is determined by the Ministry of Natural Resources using evaluation procedures established by that Ministry, or by a comparable study. Woodland may also include plantations. Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 22-38 Page 181 Section 22 Definitions Yard An area of land on the same lot as a building or structure, that is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures or uses or projections that are specifically permitted in this By-law. Yard Setback The shortest distance required by the By-law between a lot line and the nearest part of any wall of any building, structure or use on the lot. Zoo An establishment open to the public in which animals are confined and displayed within appropriate enclosures, and which may include facilities for the training of animals, and concession stands for the sale of food and souvenirs. Municipality of Clarington I Zoning By-law XXXX-XX Page 22-39 Draft November 2021 Page182 Schedule A — Zone Maps for Courtice (Reserved) Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page183 Schedule B — Zone Maps for Bowmanville (Reserved) Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page184 Schedule C — Zone Maps for Newcastle (Reserved) Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page185 Schedule D — Zone Maps for Orono (Reserved) Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page186 Schedule E — Zone Maps for the Rural Area Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page187 BOUNDARY M 'R RR �0 W z x U O U RR r"I _ Agricultural (A) Residential _ Commercial - Employment _ Community Use Utility Environmental Protection (EP) ®b Aggregate Extraction _ Future Development ® Regulatory Shoreline Area - Major Recreational O Zoning Boundary F SSION RD 10 41 l Settlement Area Rural Cluster �• Pipeline —+-- Railway Watercourse 04 RR a 0 0 J W LL Z�i - j_� W RS1 RR �� Cfl o a of & 'A RR7 z 0 0 W _ U' --F 11 __P - - W_ Draft 2 Zoning By-law Schedule E November, 2021 f RR N X E1 RR 0 W Z r— RR RR REGIONAL F2D 3 pp 'i!R RR RR RR ° o RR Or 0 (H5)A o J � ILL Z W U � O I Q z 5 RR / RR RR 11 RR RR RR7 CONCESSION RD 7 RR RR Q Y Q / J `I _ Agricultural (A) Residential = Settlement Area Draft 2 _ Commercial - Employment �� Rural Cluster Zoning By-law _ Community Use Utility Environmental Protection (EP) ®b Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area —+-- Railway Watercourse E 2 - Major Recreational O Zoning Boundary 0 Y Q y'cti� RR RR 9� O ¢ O O � W CO U. W QO> W Z Z RR A-16 & A-16 Y Q W J RR RR � � RR RCU CONCESSION RD 6 1 RR RR � O U RR_,o ❑ RR A=4 W z Z Z Z 5 31 O RR I RR RR U RR RR- AIR— RCU ' RCU A-1 r RR RR _ Agricultural (A) Residential = Settlement Area Draft 2 _ Commercial - Employment �� Rural Cluster Zoning By-law _ Community Use Utility Environmental Protection (EP) ®b Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area —+-- Railway Watercourse November, 2021 E3 - Major Recreational O Zoning Boundary RR RR RR A-1 RC3 RR� RR RR RR RC1=4 TAUNTON ROAD RR RR 1 RC4 I RR RR TYLER STREET �i i � I_i RCU RS1I RS1 111 RR BRADLEY BOULEVARD 0 P�rRR FIRNER STREET RR 0 RRU. RRR., o RR r 0 RR F o RR 0__ RR 0 RR A-9 RR RR a 0 of RR RR RR 0 RR-3 o PRINCE RUP ERT DRIVE & "-RR =RS3 0 0 - RR RR RR R RR— R-----—--— RRRRRR RR PEBBLESTONE ROAD =12 IRR RR R RA I RCU �KRIHIIA.,L�Nlf4EZ II ¢RR RR --JII 0 I f Urban Area j 71 RR Zoning Under RR Development �- `RR I I RR i I MCLEAN ROAD I-- _ Agricultural (A) Residential = Settlement Area Draft 2 _ Commercial - Employment �� Rural Cluster Zoning By-law _ Community Use Utility Environmental Protection (EP) Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area —+-- Railway Watercourse November, 2021 E4 - Major Recreational O Zoning Boundary J� RR PRR 0 0 z l z ) wmO CONCESSION 0 ` O � U1 U � Z RR Q O / O z 3 OCONCESSION RD 9 C RR RR RR RR—o l C U U Z O 0 t RCU 1 _ Agricultural (A) Residential = Settlement Area Draft 2 _ Commercial - Employment �� Rural Cluster Zoning By-law _ Community Use Utility Environmental Protection (EP) ®b Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area —+-- Railway Watercourse November, 2021 E5 - Major Recreational O Zoning Boundary a O 0z Z 0 0 0 a z 0 O ` RR RR RR 7==;Z>rRR REGIONAL RD 3 0 Q 1 Q O Q Z J RR � RR RR —RR—,� 0 0 U U W _ Agricultural (A) Residential = Settlement Area Draft 2 _ Commercial - Employment �� Rural Cluster Zoning By-law At _ Community Use Utility Environmental Protection (EP) Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area —+-- Railway Watercourse November, 2021 E6 - Major Recreational O Zoning Boundary - Agricultural (A) - commercial - community use - Environmental Protection (EP) - Future Development - Major Recreational Residential Employment utility Aggregate Extraction ® Regulatory Shoreline Area OZoning Boundary Settlement Area Rural Cluster �• Pipeline Railway Watercourse Draft 2 Zoning By-law Schedule E November, 2021 N E7 407 HIGHWAY 407 HIGHWAY RR o_RR 10 1 o I z � J L9 1 Z RR TAUNTON ROAD RC3 EP-7 U = RR RR RR -RR RR., RR RR w U U' � S ES ° v ° RR w Y 0 Z A-16 RR 0 Q RR ° RR a z A-16 RR PEBBLESTONE ROAD A-12 � RR RR RR _ Agricultural (A) Residential = Settlement Area Draft 2 _ Commercial - Employment �� Rural Cluster Zoning By-law _ Community Use Utility Environmental Protection (EP) ®b Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area —+-- Railway Watercourse November, 2021 pp Ep - Major Recreational O Zoning Boundary _ Agricultural (A) _ Commercial _ Community Use Environmental Protection (EP) _ Future Development - Major Recreational Residential - Employment - Utility Aggregate Extraction ® Regulatory Shoreline Area OZoning Boundary l Settlement Area iRural Cluster �• Pipeline —+-- Railway Watercourse Draft 2 Zoning By-law Schedule E November, 2021 N X E9 CU ( RR —� RR RRRR I RR I I � I I I ° I � Y U � O Z Z 0 W U H O A-15 L----- — ----- Y d o -RR� z �/ z o i c BLOOR S I J�RR Urban Area Zoning Under �� 401 HIGHW �' Development AY-401 HIGHWgy p � � ENERGY DRIVE I 0 o O z O U I -- ---- _ Agricultural (A) Residential _ Commercial - Employment - Community Use Utility - Environmental Protection (EP) EmAggregate Extraction _ Future Development ® Regulatory Shoreline Area - Major Recreational O Zoning Boundary This Regulatory Shoreline Area is approximate and as designated in the Clarington Official Plan. Pro c based on implementation of the updated Lake Ontario Shoreline Management Plan, recently cemplete#k Settlement Area Rural Cluster �• Pipeline Railway Watercourse zoning Authorities. D. Draft 2 N Zoning By-law Schedule E November, 2021 E10 BOUNDARY ROAD RS V1STREET .0 R$1 07 RC1 RCU SUMAC ROADV: ea fl.: -rim. s�' e�ate. D...0 'U V4 Qoott M 7 RS1 .0, Q0.0-�4 Q, RR S 1 T crmry. -13.icQ0 '0 Pm CONCESSION RD 10 RR 0 z D m z C: RR M CONCESSION RD 9 0 0 RR 0 RR RR RR RR REGIONAL RD 20 R = Agricultural (A) Residential Settlement Area Draft 2 Mcommercial M Employment Rural Cluster Zoning By-law At X M Community Use M utility MEnvironmental Protection (EP) M Aggregate Extraction Pipeline Schedule E M Future Development ®Regulatory Shoreline Area Railway November, 2021 Ell Mmajor Recreational O Zoning Boundary PaQe Watercourse 198 o Q 0 0 1 o� c� U /101- - RR RR -RR RR RR / Q 1 O o=RS1 RR P LANE J L" RCU RRLRCONCESSION RD 8 .RR RR RR W -RR J W �J �J z Z Q im Agricultural (A) Residential Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law At /j /{VI - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area �— Railway November, 2021 E 12 - Major Recreational O Zoning Boundary Watercourse O 0 O O 0 j \ RR RR RR JRR CONCESSION RD 7 RR w z Z w J J A-16 O— m WILLIAMS MILL ROAD - RR , RR RR 7 RR a A-5 & MR4 O 0 J O RR RR W RR RR U RR z CONCESSION RD 6 RR RR RRm� RR Z m 407 HW 40� N1G� P • HIG AY RCU 416HIGHWAY O 40"1 H1GN�p,V RS1 RC4=1 RR _ Agricultural (A) Residential Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law At - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �. Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E13 - Major Recreational O Zoning Boundary ■ _ad Agricultural (A) Residential Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law At - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �. Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E14 - Major Recreational O Zoning Boundary 0 J�O V o RR RR� JRI CONCESSION RD 4 RR RR RR RR 1 RS3 w�;c�q�'�.3•�.oD• I � I >,.. � o•a9•va• I a?Q.b. ;p•' gQri RRY.:. 4• d :o�o:��. • o l 0I U, U RR RR o NASH ROAD RR RR RR RR--1 RR j ZRR] 1 I I Urban Area RR 1 Zoning Under 1 Development I RR I C 1 RR A-13 I RR RR _ Agricultural (A) Residential Settlement Area Draft 2 - Commercial - Employment tl Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �. Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E15 - Major Recreational O Zoning Boundary RR I RR I RR RR I I RR RR A-13 I RR a I W I RR 5 I RR w (H6)RC4 a RC2 RR-1 RR RR RS1 R•`V ° RC2-1 RC1-5 ° RS1 T� RS1 R$1 I Refer to Ontario Regulation 336/19 RR RR RC1 RC 1-6 RR RCU RS1 RS1 I BLOOR STF V IRS IJ RR RR RR RR-5 I I Urban Area I Zoning Under Development I I I I I ° I o � � I ° I RR RR Q I I RR � �I � I I I I I _ Agricultural (A) Residential Settlement Area Draft 2 - Commercial - Employment tl Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �. Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E16 - Major Recreational O Zoning Boundary F�FRG ��RiVF yiQ 0 O a O W > O J (if O 0 = W RR RR I D I I 401_ HIGHWAY 401 HIGHWgy �I I I Urban Area Zoning Under Development r 1 1 - Agricultural (A) Residential Settlement Area - Commercial - Employment Rural Cluster Draft 2 N _ Community Use _ Utility �• Pipeline Zoning By-law - Environmental Protection (EP) Aggregate Extraction � Railway Schedule E - Future Development ® Regulatory Shoreline Area Watercourse November, 2021 _ Major Recreational O Zoning Boundary E17 This Regulatory Shoreline Area is approximate and as designated in the Clarington Official Plan. Proposed zoning to be determined based on implementation of the updated Lake Ontario Shoreline Management Plan, recently complet n Authorities. BOUNDARY ROAD A tj Od:CS: �jgSln,:�A•.• o o. •4 n• D•'Q: q.(� opl7:o.D. p••Q.Q.v �a�g�:ti:�4.•.0 O::O.D Oac1'_�rin CONCESSION RD 10 NN O A �0 . odd•g •��; e rj�q�0$.° • oad.a w 0 0 3 RR I r RR RR RR REGIONAL RD 20 RR RR RR 0 0 w J � 0 h �— RRLJ \, / - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law At - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E 18 - Major Recreational O Zoning Boundary i RR RR W RS1_"� o U) CL W o & J 0 } 2 J J / RS1 0 0 0 RIC RC1-2 RR RR , RR RCU CONCESSION RD 8 RR —RR RR ' W W u W 1 W m J RCU i RR I RS1 RS1 f 71 RR RR O VENTON COURT l�` W W Z ofIL w �rRR RR o RC1 "CONCESSION IL-i-i11RD RR RS1 RRI RS1 0 Q (w W W U) Z ~ W U 2 i_ J / W U W - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E 19 - Major Recreational O Zoning Boundary i RR o RR r RR o r.RR RR w w � O C CO co A-14 LU O J � U Y I� RR M R4 \ RR t U RR RR RR RR 0 a CONCESSION RD 6 w RR a o a a RR Q� w Z W Lu W J 407 HIGHWAY U 407. HIGHWAY RR 0 a 0 uJ QWf MR5 W. z' z a J J Z a CO � CO Ma Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E20 - Major Recreational O Zoning Boundary /W z LLI �Q W z W a W z 0 o m RR .RR RS3 a 0 w J 0 TAUNTON ROAD I (H6)RC3 RR RR 0 _0 0 RR I z a RR%1 L-1 RR M�� RR RR CONCESSION RD 4 RR RRRR RR - RR i RCU MR5 RR RR ` RR � w 1 W � Urban Area Zoning Under Development Ma Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment ill Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E21 - Major Recreational O Zoning Boundary UNDARY ROAD VAL RD 20 :1:4 T 2 a BOUNDARY ROAD TI O D A r z ., O Z D Z m 70 zz r Z m O C:Y1 - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area Railway Watercourse November, 2021 E22 - Major Recreational O Zoning Boundary RR wLU 0 r w ' r / w / o m U) ca J m RR RR RR RR CONCESSION RD 8 RR � RR-f_7RR i 0 o W O �— — W �l w m > o m RS1 LT Ir - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law - Community Use — Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E23 - Major Recreational O Zoning Boundary 1 0 RS1l w 0 a 0 RR -RR rr CONCESSION RD 7 J RR . RS1 RR 0 Q 0 0 Wco i Of 1 w a � J RR RR RR RR CONCESSION RD 6 Rcu a I pY 407 H\GH`Npy �J 407 H1GMN RR RR CODE ROp� 0 \ U i w a t _A Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E24 - Major Recreational O Zoning Boundary Paae 211 \J 1 ❑ Q O w ❑ J / O Y Q Q J U Z O MR5 -U) RR C o RR RR RR, o0 RR Q TAU NTON ROAD, RR a a°p a4 RR R RR ❑ RRn�;. p '' o�. Qo�.� D; r MR5 RR RR IM bC. `g0�apoa: MR5 •D•'o: '.a, oaf- oQ•�o q: RR, RR op. 0 p44''�• �'pR"�o:QA• MEARNSAVENUE A.�o�.�yoo.Dq:, ; J STFPy - FINS Mi�C R� LR ]R i R 1 RR RR RR t CONCESSION RID)4 RR ❑ RR A-23 RR a & I m _J Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E25 - Major Recreational O Zoning Boundary Yr I I RR I I I RR I I I I J — f RR r i RR RF CONCESSION RD 3 i I o J co m / g 1 1 RR r Urban Area \� Zoning Under Development RR RR RR UI —RR RR RCU RR RR - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment ill Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area Railway Watercourse November, 2021 E26 - Major Recreational O Zoning Boundary Urban Area Zoning Under Development RR RR HFG/p`V ' � Ivk RR RCU z KK— I W RR I I Py DFu HI�W AV y m I ��—`�---_401HwAY HIG ��P Z �G I �i —� 1h� RR r - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment ill Rural Cluster Zoning By-law At - Community Use — Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E27 - Major Recreational O Zoning Boundary - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E 28 - Major Recreational O Zoning Boundary to 0 0 �� l 0 RR 0 RS1UJ RR 00 Y ERR CONCESSION RD 8 RS 1 FRS 1 m co TIGH STREET RR FW i / RS1 Z 0 m a 0 X z J Z GO H w J U Z 0 RR " Z a 0 EP-1 f i Sf C RS1 m� RR Jf r CONCESSION RD 7 V I /00 _J Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E 29 - Major Recreational O Zoning Boundary - Agricultural (A) - Commercial - Community Use - Environmental Protection (EP) _ Future Development - Major Recreational Residential - Employment - Utility Aggregate Extraction ® Regulatory Shoreline Area OZoning Boundary Settlement Area Rural Cluster �• Pipeline Railway Watercourse Draft 2 Zoning By-law Schedule E November, 2021 N X E30 - Agricultural (A) - Commercial - Community Use - Environmental Protection (EP) _ Future Development - Major Recreational Residential - Employment - Utility Aggregate Extraction ® Regulatory Shoreline Area OZoning Boundary Settlement Area Rural Cluster �• Pipeline Railway Watercourse Draft 2 Zoning By-law Schedule E November, 2021 N X E31 (H6)R�RRCR2�2 RC2 RC24 RC ° i-RC2 RC2 CO a RR=zI6A-18 o& RC3 (H1)R JC3C3 A-25 RR RR RR RR RR (, , _ RR U RR RR RR RR RR RR RR RR RR RR C3 RR RR RR RR RR RR RR RR -RCU I I RR RRJ RR o / 0- 0 / J W CO II I I Q / o of RR---_z RCU ��� o A-2 i RR Y RR RR i a � J Z RR r� 0 Z RCU Urban Area RR �� Zoning Under CI RR RR \00\11R P9 Development RR RCU U �D ERR ^15 RCU RR a — Y�I Lu o -- U EL Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E32 - Major Recreational O Zoning Boundary - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law At - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E33 - Major Recreational O Zoning Boundary Pane 99n RC3 RC2 & Z Q O a (H6)RC3 a Z o O � / H Q w m RR RC2-3 RR / CONCESSION RD�B RR RR RR R7 R V �l RR a RR RR i. O JL:::���407 HIGHWAY O 407 IGHW Ay o O U RCU Cl/ RS1 RS C1 RR CONCESSION RD 7 Q P RR GANARASKA ROAD 100 Rs� CUw RR o W W AL J RR AL I - Agricultural (A) Residential Settlement Area Draft 2 - Commercial - Employment Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E34 - Major Recreational O Zoning Boundary RR- Lu w m i RR �Py \G� 0 U TAMBLYN ROAD I 0 . 0 R RC3 RR J RR RR —' I AUNTON ROAD------- ¢ ���r---- Py CONCESSION RD 6 a �`r�GX 60 �:° ERR MR3 —RR . / RR --� RR-1 RR TAMBLYN ROADI I m a 1 � RR J I 1 A.16 I / � - Agricultural (A) Residential Settlement Area - Commercial - Employment Rural Cluster - Community Use — Utility �. Pipeline - Environmental Protection (EP) M Aggregate Extraction � Railway _ Future Development ® Regulatory Shoreline Area Watercourse - Major Recreational O Zoning Boundary Draft 2 Zoning By-law Schedule E November, 2021 O 0 0 LU Y U iV X E35 RR Urban Area jRR E2-R1 Zoning Under DRIVE Development � RR � I RM RR -RR BLEWETTROAD u ,M ., RR �R RR�, `RR� Y m �RR RR RR 1� W U Z W g CONCESSION RD lzb RR UU v CONCESSION RD 4 RR ffRRA-6 1 - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment ill Rural Cluster Zoning By-law At - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E36 - Major Recreational O Zoning Boundary RC2 RC3 RR RC2 A-6 RC2 (H1)RC3 0 a a Q LL i RR JI RCU RR RR f C RR 3------------- CONCESSION RD 3 RR RR I I II � RR I I RR � I I I I I I I I I / L, W Cn Urban Area Q Zoning Under Development RR I I I I i U RR REGIONAL HIGHWAY 2 I RR A RR A-17 RR �— RR - Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial - Employment ill Rural Cluster Zoning By-law - Community Use - Utility - Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ®Regulatory Shoreline Area Railway Watercourse November, 2021 E37 - Major Recreational O Zoning Boundary Urban Area Zoning Under �� m Development I RR I401 HIGHWAY I� I RR RR RR RR RR I RR, ME I UALF STREET RR� RC RR j RS2 A-.16 1 RR DARCY STREET g A'16 w RS2 a � RR BOULTON STREET RR A-16 RR LRR RR NRR RR RR RR- 401 HIGHWAY RR 0 RR ,RL 0 Q - Agricultural (A) I Residential Settlement Area - Commercial - Employment Rural Cluster Draft 2 N _ Community Use _ Utility �• Pipeline Zoning By-law - Environmental Protection (EP) Aggregate Extraction Schedule E - Future Development ®Regulatory Shoreline Area t Railway Watercourse November, 2021 - Major Recreational O Zoning Boundary E3Q v This Regulatory Shoreline Area is approximate and as designated in the Clarington Official Plan. Pro osed zoning to be determined based on implementation of the updated Lake Ontario Shoreline Management Plan, recently cemplete n Authorities. BOUNDARY ROAD / �7 BOUNDARY ROAD 7':c�iaj�.00• ar tic 5� WILCOX ROAD RR RR JIB VI LI - Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment �Rural Cluster N - Community Use - Utility Zoning By-law _ Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area �— Railway Watercourse November, 2021 E39 - Major Recreational O Zoning Boundary Pane 996 (H2)A & 0 _ a Z a � O tCO CONCESSION RD 8 Q RR v= RR RR 0 a o 0 U N Y O RR � I RR a — o, MR1 MR1 z�' 0 L W 0 0 U MR1 RSI3 RR r4lkl RR GANARASKA ROAD RR RR P• o Q ) z J V W >W = 7 RR RR - Agricultural (A) Residential = Settlement Area Draft 2 _ Commercial - Employment CD Rural Cluster Zoning By-law N - Community Use - Utility _ Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area �— Railway Watercourse November, 2021 E40 - Major Recreational O Zoning Boundary RR RR 0 a 0 z z w o a 0 J W E �l RR RR RR RR RR RR RR RR CONCESSION RD 6 i L 1 RR v o RR J W W \ � co Ir RR w 7 � Q o a a0 r w x RR RR AN - Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment ,r Rural Cluster N - Community use - utility Zoning By-law = Environmental Protection (EP) ED Aggregate Extraction •� Pipeline Schedule E — Future Development ® Regulatory Shoreline Area �— Railway — Watercourse November, 2021 E41 - Major Recreational O Zoning Boundary RR W � RR Z ICCESSION RD 5 CONCESSION RD 5 RR RR i 0 0 = o J Q 3 � z z RR RR RR I RR R11171 RR CONCESSION RD 4 RR RR RR RR RR a 0 z z RR 6 0 a W j o 0 c� COWANVILLE ROAD r212f 7_1 ji Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment �Rural Cluster Zoning By-law N - Community Use - Utility _ Environmental Protection (EP) M Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area �— Railway Watercourse November, 2021 E42 - Major Recreational O Zoning Boundary Paae 229 A-22 a W I RR - 0 U J / RR 1 RR 0 � RR CONCESSION RD 3 RR RR MR5 , N" RR _J U RS3 MR5 RR RR RR RR MR RR \� z v RR RCU 0 RR o of w RR J RR 0 RR m 97 A-3 RR RR RS1' RR REGIONAL HIGHWAY 2 A-4 RR Rhl L=RR A-10 RR 0 a 0 z Z 0 RR 0 - Agricultural (A) Residential �_ Settlement Area Draft 2 _ Commercial - Employment �Rural Cluster Zoning By-law N - Community Use - Utility _ Environmental Protection (EP) � Aggregate Extraction �• Pipeline Schedule E _ Future Development ® Regulatory Shoreline Area �— Railway Watercourse November, 2021 E43 - Major Recreational O Zoning Boundary RS1 RR RM 401 HIGHWAY 401 HIGHWAY RR U RR Q 0 Q o of 0 of U_ U_ RR CONCESSION RD 1 RR RR RR RR o a Z Z a a RR LAKESHORE ROAD RR RR RR RR - Agricultural (A) I Residential Settlement Area _ Commercial - Employment Rural Cluster Draft 2 N - Community use - utility �. Pipeline Zoning By-law - Environmental Protection (EP) Aggregate Extraction � Railway Schedule E _ Future Development ® Regulatory Shoreline Area Watercourse November, 2021 - Major Recreational O Zoning Boundary E44 This Regulatory Shoreline Area is approximate and as designated in the Clarington Official Plan. Proposed zoning to be determined based on implementation of the updated Lake Ontario Shoreline Management Plan, recently oomplet nAuthorities. BOUNDARY ROAD • dQ�o�:CS D.. p . doc.po: . DQ�ao• o ••. RR RR ❑ THERTELL ROAD RR RR z w O ¢ Y 0 ❑ W z ❑ Z F_ W o ❑ CONCESSION RD 8 ¢ o RR� RCU RR 0�RR -- w ¢ ¢ o z } U W ¢ 3 U Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial Employment Rural Cluster Zoning By-law - Community Use Utility _ Environmental Protection (EP) � Aggregate Extraction �• Pipeline Schedule E - Future Development ®Regulatory Shoreline Area t Railway Watercourse November, 2021 E45 - Major Recreational O Zoning Boundary Agricultural (A) - Commercial - Community Use _ Environmental Protection (EP) - Future Development - Major Recreational Residential _ Employment - Utility Aggregate Extraction ® Regulatory Shoreline Area OZoning Boundary 1 Settlement Area Rural Cluster �• Pipeline t Railway Watercourse Draft 2 Zoning By-law Schedule E November, 2021 N X E46 0 Q IY W Z � W RR Q RR RR RR RR RR RR CONCESSION RD 6 RR RR RR 1 RR ofi Q' RR Z �- 0 LLJ RR RR RR CONCESSION RD 5 RR RR FW RR I 0 .� W r RR _ Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial Employment Rural Cluster Zoning By-law - Community use utility _ Environmental Protection (EP) � Aggregate Extraction �• Pipeline Schedule E - Future Development ®Regulatory Shoreline Area t Railway Watercourse November, 2021 E47 - Major Recreational O Zoning Boundary ' RR RR o (H)EP-5 ° RR W J J Q 0 W Q K ❑ LU t RR , RR 0 0 W � AR CONCESSION RD 4 RR A-22®RR J f Z 1 Q I 011 Q Z P w W J a J RR )RR _ Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial Employment Rural Cluster Zoning By-law - Community use utility _ Environmental Protection (EP) � Aggregate Extraction �• Pipeline Schedule E - Future Development ® Regulatory Shoreline Area t Railway Watercourse November, 2021 E48 - Major Recreational O Zoning Boundary RR O X RR RR LRR co RR �Ro2 RR REGIO RNAL HIG-y2 R _ 401 HIGHWAY I 0 w o z w �qu 111 401 HIGHWAY Q� w z O � w z _ Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial Employment Rural Cluster Zoning By-law - Community use utility _ Environmental Protection (EP) � Aggregate Extraction �• Pipeline Schedule E - Future Development ®Regulatory Shoreline Area t Railway Watercourse November, 2021 E49 - Major Recreational O Zoning Boundary - Agricultural (A) Residential Settlement Area _ Commercial - Employment Rural Cluster Draft 2 N _ Community Use _ Utility �. Pipeline Zoning By-law W Environmental Protection (EP) Aggregate Extraction � Railway Schedule E - Future Development ® Regulatory Shoreline Area Watercourse November, 2021 - Major Recreational O Zoning Boundary E50 This Regulatory Shoreline Area is approximate and as designated in the Clarington Official Plan. Pro osed zoning to be determined based on implementation of the updated Lake Ontario Shoreline Management Plan, recently complet n aZn Authorities. 0 a a U U` Z_ a 0 J Q U I MCMILLAN ROAD RR RR 1 �R' v RR THE RTELL RO AD RR RR o RR RR l� of a � a 1 RR U) z 0 0 0 �� J �m ¢ a W 0 1 N U a0. z RR RCU f RR. � 1 Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial _ Employment Rural Cluster Zoning By-law - Community Use - Utility Environmental Protection (EP) b®. Aggregate Extraction �• Pipeline Schedule E - Future Development ® Regulatory Shoreline Area t Railway Watercourse November, 2021 E51 _ Major Recreational O Zoning Boundary RR > >� v LL 0 1 � � Z Q o 3 W ® U LU w RR 0 0 C RR 0 RR A-5l RR RR 'RRRR RR GANARASKA ROAD RR RR"� RR RR \l 1 0 Q RR ° o O O Y w 0 f 0 0 w o RR Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial _ Employment Rural Cluster Zoning By-law - Community Use - Utility Environmental Protection (EP) b®. Aggregate Extraction �• Pipeline Schedule E - Future Development ®Regulatory Shoreline Area t Railway Watercourse November, 2021 E52 _ Major Recreational O Zoning Boundary RR 'RR RR 0 0 _J CONCESSION -R6 RR Tr D �-RR?RR RR RCU RR RR RR CONCESSION RD 5 RR RR RR RR RR_ _ & .\ 0 J_ i RR RR Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial _ Employment Rural Cluster Zoning By-law - Community Use - Utility Environmental Protection (EP) b®. Aggregate Extraction �• Pipeline Schedule E - Future Development ®Regulatory Shoreline Area t Railway Watercourse November, 2021 E53 _ Major Recreational O Zoning Boundary 0 a 0 w Of _ o Pz V_/ RR RR RR CONCESSION RD 4 RR —' RR a RR y — ^ AO W z J Z / FQQ- W RR �^ 0 00 / c0) J W F- K Q LU W co 0 W 0 J RR CONCESSION RD 3 RR RR A � T I Agricultural (A) Residential �_ Settlement Area Draft 2 - Commercial _ Employment Rural Cluster Zoning By-law - Community Use - Utility Environmental Protection (EP) b®. Aggregate Extraction �• Pipeline Schedule E - Future Development ® Regulatory Shoreline Area t Railway Watercourse November, 2021 E54 _ Major Recreational O Zoning Boundary RR CONCESSION RD 3 RR RR 0 RR_o 0 J J W FD RR FD RR RC1-2 RS1 RR RR=6 REGIO/�q RR � HIGHWAY? IONES AVENUE RR RS1-1 ` (H1)RS3 1 H1 RS3 U \ 401 HIGHWAY 401 HIGHWAY p O w z 01 0 / o a o W J J W Agricultural (A) Residential Settlement Area Draft 2 - Commercial _ Employment Rural Cluster Zoning By-law - Community Use - Utility Environmental Protection (EP) b®. Aggregate Extraction �• Pipeline Schedule E - Future Development ®Regulatory Shoreline Area t Railway Watercourse November, 2021 E55 _ Major Recreational O Zoning Boundary RR ,RR — ? A-16 A-16 0 0 U W 7 Z ")AA T—CONCESSION RD 1 0 a J x U Z LAKESHORE 0 W I _ Agricultural (A) Residential Settlement Area - Commercial _ Employment Rural Cluster Draft 2 N - Community Use — Utility �« Pipeline Zoning By-law Environmental Protection (EP) Aggregate Extraction �— Railway Schedule E - Future Development ® Regulatory Shoreline Area _ Watercourse November, 2021 i _ Major Recreational O Zoning Boundary E56 This Regulatory Shoreline Area is approximate and as designated in the Clarington Official Plan. Pro osed zoning to be determined based on implementation of the updated Lake Ontario Shoreline Management Plan, recently cemplete n Authorities. Schedule F — Conservation Authority Regulated Areas, Floodplains and Natural Hazards Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 244 ° r 1 } J O Q r - Urban Area Zoning Under Development a Courtice CI W U J Z 7 O r O r LU LU W Z J Z O — Vol lot 4-1 ROAD 3 C Urban Area Development M■fl�r■ONare • RM Settlement Area Boundary NOTE: Draft2 /V Regulated Areas, Floodplain and Zoning By-law Conservation Authority Regulated Areas Natural Hazard data provded by the Central Lake Ontario Conservation Schedule F1 Floodplain Authority and Ganaraska Region Clarington West Conservation Authority. Natural Hazard 0 Kilometre November, 2021 Schedule G — Greenbelt Natural Heritage System, Provincially Significant Wetlands, Areas of Natural and Scientific Interest, Core and Linkage Areas Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 247 BOUNDARY ROAD 10 I. Q Burketon CONCESSION ROAD 10 w Z 'z W Q Z O ° W O to QO CO ESSI N (9 Z i ROAD 9 j 0 c� p m U d) � C NCE S --Enfield R D o Z NQ z0 W of Z Q Q Haydori REGIONAL R D 3 m it _ Enniskillen L f 0 II� A BRIAN r� U R AD Q y CONC ROAD Q z O 0 N WILLI `� r ° p Q i O MILL AD w O x p Q = Q z > Y w N I c7 O QLu I °I �. Z Q� W _„1solina, & N1 �' • • d ■ ,� I Urban Are ,A Zoning Under r • ROAD a I W Y J U H 0 LU O Z 0 = I 7 OU zQQ J N z Y Y I I BAS IN — ROAD r HIGHWAY 1 1 ERG f DRIVE ENERGY DRIVE � CRAGO RO I CRT 2AIG T J1NS1S. ■ it m J r� _Tyrone L T O 0 ( Q O U p z w W 2 maW W U m HIGHWAY 407 W W tr N REGIONAL ROAD 4 (TAUNT}ON ROAD) 14 Q 0 � Q 0 J Urban Area z Q Zoning Under Development LLE Bowanville� J � m 20 ■ p O 0r Q K Y K 7 W --� z Lu COLE ROAD g z U O X Z Z O Or r O W CONCESSION ROAD 4 i � � v ROAD 3 U � I I m Cn co I U R a A MHIGHwA p BRO tQr Y O I� NOTE: D ra ft 2 Greenbelt Natural Heritage System Area of Natural Scientific Interest Provincially Significant Wetlands, N Provincially Significant Wetlands 1 Settlement Area Boundary Core Area, Linkage Area and Areas Zoning By-law of Natural Scientific Interest data Core Area Watercourses provded by the Ministry of Natural Schedule G 1 Linkage Area Resources and Forestry. Greenbelt Natural Heritage System Clarington West data provided by Ontario Ministry of 0 Kilometre Municipal Affairs and Housing. November, 2021 Page 248 h Q ROAD 10 Z� 2 OV WILCOX ¢ RO D SKING ROA� O O � z a y M Q O O � O = z O U ROA 7 CONCESSION r ROAD 8 Q o a 1 Leskard o L " W ¢ J z O I¢ m z O O O J R AD ONCESSION CAD 7 Kirby F o � Y O n W Y g U z z OX M } O z = 0 z O = J o U) ¢ W W m O LL. REGIONAL R D 4 (TAUNT ROAD) Orono W W a Urban Area O Zoning Under Development N ROAD 4 O y W CONCESSION ROA 5(( ROAD F A-oz Kendal ir ROAD 6 �u o BLEWETT ROAD w p w 0 ¢ n M } U W 2 N J ¢ Q 0 > = U Q O > o ¢ C9 n O ¢ o CONCESSION RCA 4 m O CE; 0 O 0 Q Q O IL ¢ O ROAD N a = LL a o ¢ m U LL 2 O W Q a O ¢O ¢ O 0 N iY 0 x m W I O CONCESSION AD 3 CONCESSION ROA 0 Urban Area Lu m Zoning Under ¢ Z Development = J ¢ z O AMIi�GN�yA (� z J 0 r p BROWNIE N w z ROAD ` 0O ¢ D DURHAM HIGHWAY o Brownsville NewtonviIle Oey U `o Newcastle o z I HI HWAY 401 K W p � �� � o O O ¢ Q � 7 ¢ LL_ O CON CESSIO ROAD 1 0 Q 0 J _ N z O m z ¢O ¢ w z z J = w O O y M ¢ r KESH E w W ¢ R AD N W O O J W U z ¢ U W z s Greenbelt Natural Heritage System ® Area of Natural Scientific Interest NOTE: provincially Significant Wetlands, Draft2 N Provincially Significant Wetlands �Settlement Area Boundary Core Area, Linkage Area and Areas Zoning By-law Core Area Watercourses of Natural Scientific Interest data Linkage Area provded by the Ministry of Natural Schedule G2 Resources and Forestry. Greenbelt Natural Heritage System Clarington East data provided by Ontario Ministry of 0 Kilometre Municipal Affairs and Housing. November, 2021 Schedule H — Landform Conservation Areas, High Aquifer Vulnerability Areas and Wellhead Protection Areas Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 250 BOUNDARY ROAD ...x.l•p;..; \ p �••,Burketon _ LU ¢; •.; •. .�•::: :: 3 z CONCESSIONa•':<....:.:.::.::::::;:':;::;:::.::;::;:':;:::::::::::;::;::,•:.';::;::;::;�:•�::�::•:. o 2:o- : : :: :: ::::::::.:...:3i., NCESSION Enfield ✓.••• ••. :Fd B•• .$EC,1 O!¢AL'jdOAd Z07, .. . th ff J S o Z m . a % Hay on ': o .'�• EGION ROAD3; �:,• m e ' L co lO•Al:: R<7A •$••; ;•:': ••: ••' •:; : ••., Enniskillen Z *� IIAN N z•:: •:: •.: J AMBRI _ . ROAD O it .;:': ,•:': ,•. U La w � w •. 0 x w J J 0 a y tY ; m tY J I • • . ONCESSIO 'RO D 7 �`=T rone CONCESSION ROAD 7 C V co Ly Z J m z w a N WILLIAM Q r ¢ w o p Q i O MILL ROAD 0� a O x ¢ Z O w O o x J O aO w O LL K a C7 Z a O a z z w N I CO7 O a z z y z 3 I WU) z p z xr m¢ J LU 3 + Solina v O m a CONCESSION ROALU D r I I o J p r ` HIGHWAY407 Y O COLE ROAD g 8 M a z C / W Q Z x Z O 1 N tr p z z & Hampton W U O x J I a 3 � 3 I a REGIONAL ROAD 4 RE o , w (TAUNTON ROAD) 0 (T o Mitchell Corners Z a _ o o a it O o K a w K LL � � z J 3TFPHF�SM/ x N o a w RO <C o = o w o a Z��OP qO PEBBLESTONE m ROAD j CONCES ION ROAD q CONCESSION ROAD 4 m J I J I BUTTERY ¢ CONCES CRT w J GLE ELGE C AIG CRT -- —— - w ~ I — CRT T �Z — — -- pa Q MA LEAH O 0 } CRTLU K AND LWOOD a O CRT D f O NASH ROAD M I CONCESSI N ROAD 3 ----- L Urban Area w CONCES Zoning Under o a W p i g o Development 1 R"A"'H/Gy W 1 y2 0 I o o J Urban Area Courtice 'a o mot. I Z Zoning Under o p o Map el.GSove W Development U) C NCESSION I STREET wLLE a p w Y owmao p w U) U U w Q D 0 ZQ¢ z Z O Bnville I m O Y N U I y BRO BAS IN ROAD a HIGHWAY I <0 1 ENERGY DRIVE I ENERGY DRIVE CRAGO RO NewCa�St,I�e� I Landform Conservation Area 1 NOTE: Draft2 /V Landform Conservation Areas data Landform Conservation Area 2 provded by the Ministry of Natural Zoning By-law Resources and Forestry. High Aquifer Vulnerability Area High Aquifer Vulnerability Area and Schedule H 1 Wellhead Protection Area Wellhead Protection Area data provided by Trent Conservation Coalition Source Clarington West L_j Settlement Area Boundary Water Protection Region. 0 Kilometre November, 2021 CONCESSION ROAD 10 .' •:;•vy;• ; • p SkEEDI a ROAD •:a•::;::;:::::;::;::; ':;:;:::;:: • MCMILLAN p ROAD O a :•h . A p O THE ••L•'I:•�•:••b �l'�:: o Wp C ESSIO CAD ' • • p F .�`•'• tY ~ ¢Q -� 7 O � Leskard Q a L y p NU a Z z p p x O Q p Z 3 F J W Q U w a W (q p O Z Q = 2 � Z ¢O U O m O J ROAD ONCESSION ROAD 7 •••'.' f') . • r ~ Klrby '; } p REGI UAf•'R D9 ( W-A" A', D) ' W o Kendal Y o 3 5 z M o L W c? z a a Q z z = ` N F O z = LU REGIONAL ROAD 4 J m z = CON BS N ROAD 6 (TAUNTON ROAD) I Orono _ J Urban Area W 0 . Zoning Underpo a ,j z Development LL1�a_ j z O x Q Y al ROAD 4 Z w U ¢ z W x NCESSION ROAD 5 ~ CONCESSION ROAD LU - W N W a p J Q BLEWETT a N O ROAD W p W 0 a a M Z J p W Q o o g & > a a CONCESSION ROAD 4 = m U CONCESSION ROAD 4 CD p W w ¢ ¢Q p Q COWANVILLE ¢ Q ROAD p g x ¢ Z o ¢ a0 J U LL p = p W p¢ Xw Q a 2 O O Q coQ 2 Q CONCESSION ROAD 3 Q J it CONCESSION ROAD 3 w W p Q > w x O r =O Q W U U 1 r Urban Area W ZO p Z ~O AMHIG Zoning Under 3 a x W HwA 2 BROWVIEW Developmentz w W z ROAD � I `1 DURHAM HIGHWAY L� H4MHIGHWAY2 p Brownsville Newtonvillle QQQJ�� ¢ co p p U G Newcastle 1 & W & ( HIGHWAY 401 p p Q p O p Q Q 1 ¢ Q CONCESSION ROAD 1 p J Z Q W O p z N } N Z a p ¢ Z J W ¢ a Q x xa } ¢ O N Q < LAKESHORE N w W m z ¢ ROAD J r O O x J F J U Z Q W Z L 3 z Landform Conservation Area 1 NOTE: Draft2 /V Landform Conservation Areas data Landform Conservation Area 2 provded by the Ministry of Natural Zoning By-law Resources and Forestry. High Aquifer Vulnerability Area High Aquifer Vulnerability Area and Schedule H 2 Wellhead Protection Area Wellhead Protection Area data provided by Trent Conservation Coalition Source Clarington East L_j Settlement Area Boundary Water Protection Region. 0 Kilometre November, 2021 Schedule I — Oak Ridges Moraine Boundary and Greenbelt Area Boundary Municipality of Clarington I Zoning By-law XXXX-XX Draft November 2021 Page 253 NDA CAD z Q Q p Burketon U ° K C C ESSI DAD a0 z O � J o r ) p a d a W = a J_ p Q o U z CON SION O K ¢ r Q ° a RO w m p O CES RO O RE AL R 20 Enfield a J O z N p J O > y z o ° a ` ¢ Haydon & °° o J O REG AL R 3 Enniskillen CONCE 10 p A 8 W Y Y 3 I a z O z O AMB♦RIAN 0 U ROAD w w m Z p � Q p p Q Q SSIO RO tr CONCESSION ROAD =Tyrone c L m J m Z � Z a 0 WILLIAM r W o Q p Q i r O MILL ROAD ¢ W 0� 0 ¢o x ¢ p O O w LL 0 rr p Q x C7 J z Z a ° o Q O Z Ix z w N I C°7 0 M Q z z U LU co z 3 z zLU U WU) O LU mI J + Sol ina LU U m Q r D CONCESSION ROAIF I I p J r HIGHWAY407 COLE ROAD LU Y p ° 8 ` g Z M p 0 Q O / W Z °X Ix -A0 p Z Ix p r N W O z z & Hampton W U x J I Q z 3 0 I a p T REGIONAL ROAD 4 RE , (TAUNTON ROAD) 0 0 Mitchell Corners w W p a (T _ 1 1 A p o W D K o Q W K U LL IJ p Q °� STFpyFryS 0 z J Mi <C N o Q LUR0 10 o x = o W PEBBLESTONE ROAD D m CONCES ION ROAD q CONCESSION ROAD 4 J N CONCES m J z S BUTTERY a o CRT w r r J LU GLE ELGE CRT C RAIG CRT w MAR LEAH T O p 0 } CRT K W AND LWOOD D 0 CRT r a a M NASH ROAD I CONCESSI N ROAD 3 ----- L Urban Area w CONCES Zoning Under a W i g o Development o RNAMy/Gy ° W 1 1 Y 0 'Q o Urban Area �� a Courtice �t j J Z Zoning Under o o Maple.Gove Wo Development ° LULLE C NCESSION I STREET W Y a ¢ I J Bowmanville p o I O ° W coU U W ° ¢ p ZQ¢ Z Z I m O r 00 Y 0 r I y LU a �� �� i ¢ DUR AMNIGHWA BAS IN ROAD 2 BRO 'H7 Li HIGHWAY I 0 1 ENERGY DRIVE I ENERGY DRIVE CRAGO RO I NewCa�St,I�e� NOTE: D ra • `.2 /V ® Oak Ridges Moraine Boundary Oak Ridges Moraine Boundary data provded by the Ministry of Zoning By-law Greenbelt Area Boundary Natural Resources and Forestry. Schedule I1 Greenbelt Area Boundary data —�provided by Ontario Ministry of Clarington West SettlementAreaBOundar y Municipal Affairs and Housing. 0 Kilometre November, 2021 10 ROAD 7V I r Leskard ; L� ❑ W W Q W `z z z 3 m o � J ROAD ONCESSION ROAD 7 T Kirby Y � O � LL N C c z OM z 3 O x 0 z O _ J ❑ � U U W REGIONAL ROAD 4 J m (TAUNTON ROAD) Orono _ y a r W Urban Area Zoning Under o Development O ROAD 4 U U > CONCESSION ROAD 5 N V �rJ 0 Q ❑ 1 ❑ Q BLEWETT Q 0 0 ROAD W N Q } w d _ O CONCESSION CAD 4 = m ❑ Y Q O tr a U 1 N Z x O U w a w y o x z p O W g Kendal L� w N Q ROAD 6 ❑ ❑ a Q J ❑ Z W Q O0 = Z 0 ❑ w x O 3 NCESSION ROAD 5 ~ J LU J Q z r O ❑ o O > ¢ o OIL U 7 CONCESSION ROAD 4 W 0 Q O COWANVILLE w 0 W z ❑ x ROAD � m g J ¢ w ❑ Q z O ¢ O ¢ ❑ w O Oa O O O w O g CONCESSION ROAD 3 O J it CONCESSION ROAD 3 O w > w W co ❑ 2i d O Q W Urban Area U F Q ° J o Zoning Under w J 3 J LU o ❑ x Z W AMIiIG"WA p BROWNIE Development z N LU z ROAD DURHAM HIGHWAY r O L�i ��� D HAM HIGH WAYp ❑ Qo � Brownsville Newtonville oQ5 Newcastle � 1 � ❑ Q z ❑ � 5•F- GOJQ- HIGHWAY401 W p Q Q rr ❑ ❑ ❑ O ❑ O LL O Q O CONCESSION ROAD 1 rr 0 z O W J O U W z Q ❑ Q K ❑ Q Z z O a } Q & U 0 g LAKESHORE U w z J W m ROAD F O O x J LU F J U Z Q W Z L z 3 �— NOTE: D ra • `.2 /V ® Oak Ridges Moraine Boundary Oak Ridges Moraine Boundary data provded by the Ministry of Zoning By-law Greenbelt Area Boundary Natural Resources and Forestry. Schedule I2 Greenbelt Area Boundary data —�provided by Ontario Ministry of Clarington East SettlementAreaBOundar y Municipal Affairs and Housing. 0 Kilometre November, 2021 Attachment 4 to Report PDS-062-21 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law number 202_- being a By-law to repeal By-law 2010-139, and replace it with a By-law to designate the Municipality of Clarington as a site plan control area, to define classes of development that may be undertaken without the approval of certain plans and drawings, and to delegate the approval authority to the Director of Planning and Development Services and the Manager of Development Review. WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to repeal By-law 2010-139, as amended of the Corporation of the Municipality of Clarington and re-enact a by-law with respect to site plan control in the Municipality of Clarington; Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. All lands located within the corporate limits of the Municipality of Clarington are designated as a site plan control area pursuant to Section 41(2) of the Planning Act R.S.O. 1990, as amended. No person shall undertake development as defined in Section 41(1) and 41(1.1) of the Planning Act R.S.O, as amended without approval in accordance with this by-law. 2. The following are defined as classes of development that may be undertaken without the approval of plans and drawings otherwise required under Section 41(4) and (5) of the Planning Act R.S.O. 1990, as amended; a. Any building or structure owned or operated by the Municipality, the Region of Durham, a Conservation Authority, or the Government of Ontario or Canada; b. Any structure erected for the purpose of flood or erosion control; C. Any agricultural building or structure, unless a technical study is required due to its location in relation to a Natural Hazard, Natural Heritage Feature, Hydrologically Sensitive Feature, or the Oak Ridges Moraine Landform Conservation Area; d. A residential building containing less than three (3) dwelling units, unless a technical study is required due to its location in relation to a Natural Hazard, Page 256 Natural Heritage Feature, Hydrologically Sensitive Feature, or the Oak Ridges Moraine Landform Conservation Area; e. Tents and similar temporary structure to be erected for a temporary period not exceeding four continuous weeks; and f. Aggregate extraction activities which do not include permanent buildings or structures. 3. Pursuant to Section 41(13) of the Planning Act R.S.O. 1990, as amended, all powers and authority of the Council, except the authority to define any class or classes of development, are delegated to the Director of Planning and Development of the Municipality of Clarington. 4. Pursuant to Section 41(13) of the Planning Act R.S.O. 1990, the powers and authority of Council in respect of residential and agricultural buildings and structures are delegated to the Manager of Development Review of the Municipality of Clarington. 5. By-law 2010-139 is repealed. 6. This By-law shall come into full force and effect on the date of the passing hereof. Passed in Open Council this day of , 20 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 257 Attachment 5 to Report PDS-062-21 I:1�:Iu1_1► & ASSOCIATES MEMORANDUM To: Amy Burke and Tracey Webster From: Bob Lehman Date: November 18, 2021 Re: Planning Opinion on Updated Strategy A - Summary I have reviewed the context and history of the development of the zoning by-law, the public process to date and the resulting Council resolution C-512-20. Council's resolution requires that the new zoning by-law use the boundaries of the EP mapping from the existing zoning by-laws and directs that the Official Plan be amended to include specific elements of the Natural Heritage System. Staff have developed an 'Updated Strategy' to implement Council's direction with respect to the zoning. 2. The Updated Strategy consists of: • continuing the prohibition on development within all natural hazard lands; • adding new schedules to the Zoning By-law to depict best available data on the location of natural heritage and hydrological features and areas regulated; • including a process to refine boundaries; • adding a provision to the zoning by-law that indicates while a use may be permitted on a property, the construction of buildings and structures must not occur within a natural heritage and/or hydrological features and hazards unless supported by Provincial, Regional and Local policies, Conservation Authority Regulations and the Regional Woodland By-law; and, • requiring site plan approval for developments that are within a hazard and natural heritage feature and/or hydrological feature and the Provincially mandated minimum area of influence in order to identify, preserve and protect the Natural Heritage System (the 'NHS'). Page 258 This reliance on a combination of zoning and site plan approval has been used in Clarington to implement the Oak Ridges Moraine Conservation Plan (the 'ORMCP') and is commonly used in other jurisdictions in similar situations. Many municipalities have found a similar means to deal with the lack of discretion available through zoning including amending zoning boundaries without a Planning Act process, transferring the authority by requiring Conservation Authority approval, using overlay zones, and/or establishing buffer areas where conditions must be met. The precedents for the system proposed by the Updated Strategy are now relatively common in southern Ontario. 4. 1 am of the opinion that collectively this regulatory framework enables the identification and protection of a natural heritage system that is consistent with the PPS, and conforms to the Growth Plan, Greenbelt Plan and Oak Ridges Moraine Conservation Plan policies. The combination of Official Plan policies, zoning controls and site plan requirements will achieve the objectives and policies of the provincial documents in terms of protection from hazards and preservation of natural heritage features. All of the Strategy is needed to achieve conformity. A Community Planning Permit System ('CPPS') is an alternative planning approval structure that can be used in this context. A CPPS uses the existing Official Plan mapping as one input to the issuance of a permit. The experience in administering the ORMCP zoning provisions indicates that relatively few applications proceed through a site plan process. Instituting a CPPS to address an issue that occurs infrequently is unlikely to be warranted given the administrative costs. 6. Minor amendments to the Official Plan can be made, primarily of an informative nature, that would make the proposed planning process clear. These are detailed in the memorandum. B - Context The Municipality of Clarington retained Lehman & Associates for consulting services relating to the comprehensive review the Municipality's zoning by-laws, which is referred to as the Zone Clarington project. The scope of work includes conducting reviews of the following: 1. A proposed strategy for preparing a second draft of rural area zoning based on direction from Council set out in Resolution #C-512-20; and 2. A proposed second draft zoning by-law and corresponding proposed amendments to the Municipality's Site Plan Control By-law and Official Plan. The individual questions posed in Phase 1 are as follows: 1. Review ZONE Clarington Updated Rural Strategy to identify potential conformity issues with the Provincial Policy Statement, Oak Ridges Moraine Conservation Plan, Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe. Page 259 2. Provide advice on potential modifications to the strategy based on past experiences/best practices. Proposed modifications must implement Council Resolution #C-512-20. 3. Identify implementation and enforcement concerns with the strategy. 4. Identify policies that may be required to be amended/added to our Official Plan in order to implement the strategy. 5. Identify what additional potential regulations, definitions and mapping we should consider developing for the second Draft Zoning By-law. The requested opinions are in response to the Updated Rural Strategy proposed to implement the aspects of the following Council resolution related to the zoning by-law. 8 — Resolution of Council #C-512-20 At a meeting held on December 14-15, 2020, the Council of the Municipality of Clarington passed the following Resolution #C-512-20: That Staff be directed to bring forth report together with a draft a zoning by-law amendment which: i. Retains the EP zoning in place prior to the zoning by-law review; ii. Includes schedules from other authorities as additional information in the zoning by-law listing applicable land use regulations; iii. Contains advisories with respect to the obligations to comply with land use controls of external agencies. Staff take all steps necessary to amend Clarington's Official Plan (the "OPA Amendment") by way of a municipally initiated amendment, with the Natural Heritage designation in Map D and Environmental Protection Area in Map A of the Official Plan being limited to: a. Provincially Significant Wetland; b. Areas designated by CLOCA as being within a floodplain (red line on CLOCA maps); c. Areas designated by the GRCA as being within a floodplain; d. Land designated on the current Region of Durham Official Plan Schedule e Map e-1 as containing Key Natural Heritage and Hydrologic Features; e. Land which is Significant Woodland; f. That land be included which is mandated by the Province to be designated as Natural Heritage. That Staff initiate all public consultation such that Section 17.3 of the Official Plan Special Study Area 2-Greenbelt Expansion be reconsidered. 3 Page 260 C - Conformity of Council Direction Question One - Review ZONE Clarington Updated Rural Strategy to identify potential conformity issues with the Provincial Policy Statement, Oak Ridges Moraine Conservation Plan, Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe. The Council resolution requires features to be included in the OP schedule as follows: • PSWs; • floodplains mapped by CA's; • Durham Region Sched B and Map B-1; • Significant Woodlands; and, • "land mandated by the Province to be designated as Natural Heritage". However, it is noted that this question does not involve that portion of the Council resolution dealing with specific elements of the natural heritage system. It is my understanding that this aspect of the Council resolution will be dealt with following completion of the Durham Regional Official Plan Review. Conformity with the various senior government policies will depend in part on which elements of the Natural Heritage System are identified and protected. As such the issue of broader conformity at this stage of the process addresses the general process and mechanisms of the Strategy. Provincial Policy Statement - The relevant PPS sections are quoted below beginning with the statement on the means of implementation which specifically references the need for evaluation of natural heritage features. 4.6 The official plan is the most important vehicle for implementation of this Provincial Policy Statement. Comprehensive, integrated and long-term planning is best achieved through official plans. Official plans shall identify provincial interests and set out appropriate land use designations and policies. To determine the significance of some natural heritage features and other resources, evaluation may be required. 2.0 Wise Use and Management of Resources Ontario's long-term prosperity, environmental health, and social well-being depend on conserving biodiversity, protecting the health of the Great Lakes, and protecting natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The means of implementing the required protections are not specified in provincial policy despite the reference in Section 4.6 of the PPS. The experience in dealing with the natural heritage system in Clarington makes it clear that the identification and protection or the minimization of impacts requires a degree of discretion that is not available in a typical zoning process using Section 34 of the Act. 4 Page 261 Section 2.1 of the PPS sets out the requirement for a municipality to protect the specified natural features and areas which are collectively termed the natural heritage systems. Sections 2.1.4 through 2.1.8 identify the nature of the features to be protected. 2.1 Natural Heritage 2.1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E & 7E1, recognizing that natural heritage systems will vary in size and form in settlement areas, rural areas, and prime agricultural areas. Similarly, the PPS requires that 'natural heritage systems' shall be identified. The policy and definition read as follows: Natural heritage systems shall be identified recognizing that natural heritage systems will vary in size and form in settlement areas, rural areas, and prime agricultural areas. Natural heritage system: means a system made up of natural heritage features and areas, and linkages intended to provide connectivity (at the regional or site level) and support natural processes which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species, and ecosystems. These systems can include natural heritage features and areas, federal and provincial parks and conservation reserves, other natural heritage features, lands that have been restored or have the potential to be restored to a natural state, areas that support hydrologic functions, and working landscapes that enable ecological functions to continue. The Province has a recommended approach for identifying natural heritage systems, but municipal approaches that achieve or exceed the same objective may also be used. The PPS does not permit development and site alteration in some features, without qualification or alternatives. Development and site alteration is potentially permitted in other elements provided there are not negative impacts. Implementation of this policy requires identification of the lands involved such that applications for site alteration or development can ensure that the feature is protected. As such the implementation of that portion of the Council motion dealing with the zoning by-law would not conform to the PPS (or the existing Clarington Official Plan). The resolution states that the by-law would: 5 Page 262 i. Retains the EP zoning in place prior to the zoning by-law review; ii. Includes schedules from other authorities as additional information in the zoning by-law listing applicable land use regulations, i. Contains advisories with respect to the obligations to comply with land use controls of external agencies. Information and advisories would not meet the test of consistency with Section 2.1 of the PPS. The Oak Ridges Moraine Conservation Plan has a series of categories and land use designations that deal with the conservation of environmental resources. The Municipality has developed mechanisms to implement the ORMCP that are similar to the proposed Strategy and would similarly be consistent with the PPS. The Natural System in the Greenbelt Plan is comprised of the Natural Heritage System, Water Resource System and key hydrologic areas, key natural heritage features and key hydrologic features. The Natural Heritage System is not a designation but rather an overlay on top of other designations, a system similar to the proposed Strategy. The Growth Plan mirrors PPS policies although with less flexibility and more protections for elements in the natural heritage system. In summary, the Strategy proposes identification of potential features on schedules, a process to refine boundaries and a municipal approval through site plan control. Collectively this regulatory framework enables the identification and protection of a natural heritage system that is consistent with the PPS, Growth Plan, Greenbelt Plan and Oak Ridges Moraine Conservation Plan. All elements of the Strategy are needed to achieve conformity. D. Modifications to Strategy No specific changes to the Strategy are needed to achieve conformity/consistency. The means of implementing the required protections in the provincial government policies are not specified therein despite the reference in Section 4.6 of the PPS. The experience in dealing with the natural heritage system in Clarington makes it clear that the identification and protection of the NHS together with the minimization of impacts requires a degree of discretion that is not typically available in a zoning process using Section 34 of the Act. In order to protect and minimize impacts to the natural heritage system the zoning permissions must exclude or make conditional any permission for development or site alteration. This is a blunt instrument from the perspective of both the municipality and the property owner. The Strategy recommended by staff proposes to use schedules in the zoning by-law to delineate those elements of the natural heritage system directed by Council. Any lands within the areas so described would be potentially subject to site plan control to implement the NHS protections. As currently directed the new zoning by-law would zone as Environmental Protection only those lands zoned as EP in the current by-law. As an alternative to traditional zoning the Municipality could institute a CPPS for the rural area . Page 263 of Clarington. In this system site plan, building permit and minor variance (if needed) can be combined into one planning approval using the Official Plan mapping as the guide for granting a permit. The Official Plan maps would serve the same function as the proposed schedules in the zoning by-law. All applications for building permits would be screened against the Official Plan Map D and OP policies. Any requirements arising from the Official Plan could be implemented through the permitting process, which enables the use of conditions and allows a scoping of the extent of an EIS. The CPPS system has a formalized degree of discretion using Official Plan policies that is not available in Section 34 zoning controls. A typical condition in a CPPS addressing NHS regulations could read as follows: X.XX CONDITIONS OF APPROVAL — ALL CLASSES OF PROVISIONAL AND PLANNING PERMITS X.XX.1 Where an impact assessment, site evaluation report, or technical report is required, it must be undertaken to the satisfaction of the Municipality and the recommendations of that report may be required to be implemented through a condition imposed prior to the issuance of a Planning Permit, as a condition of a Planning Permit, or in an agreement registered on title, and may include greater requirements than specified in other provisions of this By-law. X.XX.2 Conditions may include the following: a) a natural heritage evaluation where a development: i. is located within 120 metres of a provincially significant wetland, or within 30 metres of any other wetland; ii. is located within 30 metres of a watercourse; iii. is located within 6 metres of the stable top of a steep slope or toe of a steep slope; iv. is located within a natural heritage feature or area Amending the current draft rural by-law to become a CPPS would not be difficult or time consuming. The structure would be the same, the zones and definitions similar if not identical. Additional regulatory sections would provide detail on conditions that may be imposed and the general process. An Official Plan amendment to enable the use of the system would be required. Using such a system does have some administrative impacts as two different systems of zoning approval would be used within the same office. Notice requirements, appeal rights and the public process in general are different from a typical zoning process. One significant difference is that the issuance of a permit is not subject to third party appeals in a CPPS. It is my understanding that the experience in administering the ORMCP zoning provisions indicates that relatively few applications proceed through a site plan process. Instituting a CPPS 7 Page 264 to address an issue that occurs infrequently is unlikely to be warranted given the administrative costs. Best Practices The approach to environmental planning that has developed over time in Ontario begins with the identification and categorization of environmental features and/or systems that should be protected. The categorization of these features is standardized at the Provincial level through the PPS, ORMCP and the Greenbelt Plan and supplemented by the Natural Heritage Reference Manual (Ministry of Natural Resources, March 18, 2010). Inherent to the categorization is an expression of importance to the environment — as in Provincially Significant, significant, or not. Provincially Significant wetlands must be preserved, other wetlands not (except on the ORM or in the Greenbelt), at least from the perspective of the Province. A similar terminology and hierarchy is used for wildlife habitat, woodlands, valleylands and other features. One important factor in the system is that the scope of the land base is such that complete inventories of any one feature or system are expensive and policy approaches must by nature be broad brush. In rural areas such as that in Clarington the natural heritage system is part of an extensive landscape that has been settled and farmed for 200 years. There are two implementation issues — the quality of the mapping of features, and, the need to protect as the only means of ensuring impacts are managed, given the human settlement pattern. Originally there was no mapping of PSW's, today all of southern Ontario has mapping compiled by the Province of PSW's. However, other elements of the NHS that require protection have incomplete and sometimes inaccurate mapping, as the mapping has been compiled solely through the use of aerial photography. As a consequence, the protection of woodlands, wildlife habitat, valleylands, fish habitat and other (key) natural heritage features and areas can only be accomplished by broad strokes, both in policy and in mapping (setbacks and buffers). In addition to uncertainty about the extent and location of features, the determination of whether development would cause a negative impact must be done with a specific form of development or site alteration in mind. Such a determination cannot be done in advance or in theory, thus the need for a planning approval that identifies the extent and nature of a feature, as well as the potential impact. Over the last two decades it has become apparent that the tools available under the Planning Act are not adequate to easily implement Provincial natural heritage policies. Most municipalities in the ORMCP have developed a form of 'conditional zoning' to implement the Moraine Plan as it is the most efficient and effective means to do that, Clarington included. Other jurisdictions have found other means of introducing discretion into the zoning process that assists in achieving the objectives of protecting and preserving a natural heritage system. Many municipalities have found a similar means to deal with the lack of discretion available through zoning including amending zoning boundaries without a Planning Act process, Page 265 transferring the authority by requiring Conservation Authority approval, using overlay zones, and/or establishing buffer areas where conditions must be met. The precedents for the system proposed by the Updated Strategy are now relatively common in southern Ontario. E- Identify implementation and enforcement concerns with the strategy. It should be possible to draft appropriate zoning regulations to implement the Strategy and the Official Plan appropriately. I do not see any enforcement concerns. F- Potential Amendments to the Official Plan I have quoted sections of the strategy and then discussed the need for any Official Plan Amendments. There is only one significant issue which is the prohibition against development in natural heritage features in 3.4.8 of Clarington's Official Plan, which I think can be resolved. Some notion of discretion or criteria should be added to the Plan to mirror the use of the site plan control or a CPPS. I have tried to minimize any needed or possible amendments. Strategy - Bring forward an amendment to Site Plan Control By-law 2010-139. The amendment is intended to bring forward process improvements and changes to implement Provincial policies related to Environmental Protection that will apply to the rural area of the entire Municipality. Approvals will be required for developments that are within a hazard and natural heritage feature and/or hydrological feature and the Provincially mandated minimum area of influence. Strategy - This concept was approved by the MMAH when approving modifications to Zoning By-law 2005-109 to implement the ORMCP. This will ensure the policy requirements of the PPS, Greenbelt Plan, Growth Plan, ORMCP, Regional and local Official Plans are fulfilled in terms of environmental protection. As currently proposed, exemption criteria will be added for developments that would not create further negative impacts on an environmental feature. Site Plan Control By-law 2010-139, references the EP zone, Minimum Area of Influence Overlay relating to Zoning By-law 2005-109 will need to be removed. I have reviewed Section 3 of the Official Plan from 3.1 to 3.4.19. 1 don't think any amendments are needed to the Goals, Objectives or General Policies. Section 3.4 has the operative policies. Sections 3.4.1 and 3.4.2 identify the features that make up the natural heritage system. Sections 3.4.3 through 3.4.6 set out information about the potential changes to boundaries and the means by which that may occur. Policy 3.4.8 reads as follows: 3.4.8 Development and site alteration with respect to land within a natural heritage feature and/or a hydrologically sensitive feature or within its vegetation protection zone is prohibited, except the following: Page 266 a) Forest, fish and wildlife management, b) Conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest after all alternatives have been considered, c) Transportation, infrastructure and utilities, but only if the need for the project has been demonstrated by an Environmental Assessment, there is no reasonable alternative, and it is supported by a project specific Environmental Impact Study; and d) Low intensity recreation. This is mirrored in 14.4.5 14.4.5 No development shall be permitted on lands designated Environmental Protection Areas, except: 1. a) Low -intensity recreation; 2. b) Uses related to forest, fish and wildlife management; 3. c) Erosion control and storm water management; and 4. d) Agriculture, agricultural related and on farm diversified uses in accordance with Section 3.4.8. As such it is necessary for the implementing zoning to prohibit' development. The rural zoning by-law should implement the updated strategy by: • continuing the prohibition on development within all natural hazard lands; • including a process to refine boundaries; • adding a provision to the zoning by-law that indicates while a use may be permitted on a property, the construction of buildings and structures must not occur within a natural heritage and/or hydrological features and hazards unless supported by Provincial, Regional and Local policies, Conservation Authority Regulations and the Regional Woodland By-law. The following policy supports the extent of the area that will be subject to site plan control. 3.4.15 An Environmental Impact Study, a Natural Heritage Evaluation and/or Hydrological Evaluation shall be undertaken for any development or site alteration proposed within the minimum area of influence of any natural heritage feature and/or hydrological sensitive feature identified in Section 3.4.2, 3.4.3 or 3.4.11 but outside the feature itself and the related minimum vegetation protection zone identified in Table 3-1 of this Plan. You could, for clarity add the following policy: "Site plan approval may be required for any proposal for development or site alteration on lands within any natural heritage feature and/or hydrological sensitive feature identified in Section 3.4.2, 3.4.3 or 3.4.11 or the related minimum area of influence and/or minimum vegetation protection zone identified in Table 3-1." 10 Page 267 Strategy - Sectionl.4 Permitted Uses of the Administration and Interpretation Section will be updated to clarify that although a use may be permitted by the Zoning on a property, the construction of buildings and structures must not occur within a natural heritage and/or hydrological features and hazards unless supported by Provincial, Regional and Local policies, Conservation Authority Regulations and the Regional Woodland By-law. Regulations will be provided to advise that Site Plan Control will be required in those areas to ensure policy conformity and to identify the development limits. Development cannot proceed without Site Plan approval unless it meets exemption criteria spelled out in the Site Plan Control By-law. Strategy - This section will reference Schedules that will be added to the Zoning By-law to depict best available data on the location of natural heritage and hydrological features and areas regulated by Conservation Authorities. Schedules will be replaced as data is updated. As part of the Site Plan process, a site visit may occur when a development is proposed in order to determine the accuracy of the data and to determine if a study is required to identify the type of environmental features/hazards, their limits and the measures needed for protection in accordance with Provincial, Local and Regional policies and the Regulations under the Conservation Act and Regional Woodland By-law. Section 3.4.14 of the Clarington Official Plan below sets out the areas of influence. The standards in this table should be used in the draft rural zoning by-law, which implements the Official Plan and Strategy. 3.4.14 Table 3-1 identifies the minimum vegetation protection zone and the minimum area of influence of identified natural heritage system features. I am available to discuss this opinion at your convenience. Robert Lehman FCIP 11 Page 268 Attachment 6 to Report PSD-062-21 Next Steps Timeline & Outline of Enhanced Public Consultation Process Actions RequirementActivity Planning Act .. . Special Planning and Committee consideration of --- November 30, 2021 Development Committee staff report PDS-062-21 meeting Council meeting Council consideration of --- December 13, 2021 Committee direction on staff report PDS-062-21 Notice of Council's direction Notice to Interested Parties, --- December 15, 2021 commenting agencies, and Advisory Committees of Council Project webpage update Planning eUpdate update Community news update Preparation of public and Finalize the Second Draft --- January 2022 agency circulation Zoning By-law and draft Site packageM Plan Control By-law for review and consultation Preparation of information / Update project information --- January / February 2022 educational resources sheets and interactive mapping tool Prepare summary of updates and improvements Project webpage updates Page 269 Actions PlanningActivity Act RequirementApproximate Prepare First Draft Zoning By-law comments and responses matrix Notice of release of a Information sheet mailed --- February 2022 Second Draft Zoning By-law out to all rural property and draft Site Plan Control owners By-law, and public consultation opportunities Notice of Open Houses Notice to Interested Parties, --- March 2022 commenting agencies, and Advisory Committees of Council Advertisement in Clarington This Week, Orono Weekly Times, Planning eUpdate newsletter, project website, community facility electronic message boards Announcements via Clarington social media channels News release Public Open Houses Planning and preparation of Council shall ensure that at March / April 2022 Open House informational least one open house is materials and feedback held for the purpose of tools giving the public an Conduct 2-4 open houses opportunity to review and (combination of virtual and ask questions about the information and material Page 270 Actions PlanningActivity Act Requirement•• in person, subject to public made available (S.34.12 a. health guidelines in effect) i). The open house shall be held no later than seven days before the public meeting (S.34.14). Notice of Statutory Public Notice to Interested Parties, The public meeting shall be May 2022 Meeting commenting agencies, and held no earlier than 20 days Advisory Committees of after the requirements for Council giving notice have been Advertisement in Clarington complied with (S.34.14.1). This Week, Orono Weekly Times, Planning eUpdate newsletter, project website Announcements via Clarington social media channels News release Statutory Public Meeting Prepare Statutory Public Council will ensure that at May / June 2022 Meeting staff report and least one public meeting is presentation held for the purpose of One virtual Public Meeting giving the public an at Planning & Development opportunity to make Committee representations in respect of the proposed by-law (S.34.12 b). Page 271 Actions PlanningActivity Act Requirement•• Prepare draft Zoning By-law Refinements to the --- July / August 2022 Amendment and draft Site regulatory text and mapping Plan Control By-law based on public, Department and Agency comments Prepare comments and response summary Prepare Community Engagement Summary Report #2 Prepare formal draft Zoning by-law Amendment and draft Site Plan Control By- law Prepare Recommendation Report Notice of Recommendation Notice to Interested Parties, --- August 2022 Report commenting agencies, and Advisory Committees of Council Advertisement in Planning eUpdate newsletter and project webpage News release Committee meeting Committee consideration of --- September 2022 Recommendation Report Page 272 Actions PlanningActivity Act Requirement•• Council meeting Council consideration of --- September 19, 2022 Committee direction on Recommendation Report Notice of Council's decision Notice to Interested Parties, --- September 2022 (Notice of Passing of the commenting agencies, and By-law) Advisory Committees of Council Project webpage update Appeal Period (20 days) --- --- September / October 2022 Notes: (1) Assumes minor regulatory text and mapping revisions are required in response to Council's direction regarding Staff Report PDS-062-21. Page 273 Patenaude, Lindsey From: Patenaude, Lindsey Sent: Thursday, November 25, 2021 3:39 PM To: Patenaude, Lindsey Subject: FW: Letter to Council -----Original Message ----- From: Vera Spange <vspange@yahoo.ca> Sent: Thursday, November 25, 2021 11:21 AM To: Gallagher, June <JGallagher@clarington.net> Subject: Letter to Council [You don't often get email from vspange@yahoo.ca. Learn why this is important at http://aka. ms/LearnAboutSenderidentification.] EXTERNAL November 25, 2021 I request that this letter be added and recorded on the agenda of the Planning and Development meeting, Nov. 30, 2021. Mayor Foster, Members of Clarington Council and Municipal Clerk 40 Temperance St. Bowmanville, ON. L1 C 3A6 Dear Mayor and Councillors: We the undersigned very strongly wish to inform the Mayor and Councillors of our opposition to the proposed zoning changes in regard to extending EP boundaries. Clarington citizens expect their property rights to be respected. Respectfully, Vers Spange-Koukidis Peter Koukidis Paul Koukidis Eleni Koukidis 3733 Concession 5 Orono, ON LOB 1 MO Sent from my iPhone Page 274 Patenaude, Lindsey From: Patenaude, Lindsey Sent: Friday, November 26, 2021 10:19 AM To: Patenaude, Lindsey Subject: FW: Meeting November 30, 2021 From: Marlene Kuzenko <marlene.kuzenko@gmail.com> Sent: November 26, 2021 8:48 AM To: Gallagher, June <JGaIlagher@clarington.net> Subject: Meeting November 30, 2021 You don't often get email from marlene.kuzenko@gmail.com. Learn why this is important EXTERNAL I request that this be added and recorded on the agenda of the Planning and Development meeting on November 30, 2021. We are 47 year residents of 4646 Courtice Rd, Clarington, ON LOB1JO. It is extremely upsetting and frustrating that a very large portion of our property could be zoned Environmentally Protected. The fact that we would not have been notified of this increase in EP is appalling and unjust to say the least. We want our property to remain as our property and not be changed significantly without our knowledge or consent. Ron and Marlene Kuzenko 4646 Courtice Rd, Clarington, ON LOB 1J0 November 26, 2021 Page 275