HomeMy WebLinkAboutPSD-068-05
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REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, June 6, 2005
PSD-068-05
File #: ZBA 2003-034
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By-law #:c9CX1S- IOq
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Subject:
OAK RIDGES MORAINE ZONING BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-068-05 be received;
2, THAT the Zoning By-law implementing the policies of the Oak Ridges Moraine Conservation
Plan and Amendment No. 33 to the Clarington Official Plan as contained in Attachment NO.1 to
this Report be APPROVED;
3. THAT upon approval of the Zoning By-law by the Minister of Municipal Affairs and Housing, a
by-law be forwarded to Council to change the Municipal Fee Schedule by adding a new fee for
Removal of the Environmental Holding Symbol consistent with fees for minor variance
applications;
4.. THAT the Zoning By-law contained in Attachment NO.1 to this Report be forwarded to the
Minister of Municipal Affairs and Housing for approval in accordance with the Oak Ridges
Moraine Conservation Act;
5. THAT the Ministry of Municipal Affairs and Housing, Region of Durham Planning Department,
Central Lake Ontario Conservation, Ganaraska Region Conservation Authority, Otonabee
Region Conservation Authority, Kawartha Region Conservation Authority, City of Oshawa, Town.
of Port Hope, City of Kawartha Lakes, Township of Scugog and Cavan Township be forwarded
a copy of this report and Council's decision; and
6. THAT all interested parities listed in this report and any delegation be advised of Council's
decision.
Submitted by:
Reviewed by:
ranklin Wu,
Chief Administrative Officer
D i J Crome, MCIP, R.P.P.
Director of Planning Services
~
HB*CP*DJC*sh*df
1 June 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
"
REPORT NO.: PSD-068-05
PAGE 2
1.0 BACKGROUND
1.1 The Province established through legislation, the Oak Ridges Moraine Conservation
Plan (ORMCP) to guide land use on the Oak Ridges Moraine. This Plan is an
ecological plan, the main objective of which is to protect the Moraine's environmental
and hydrogeological features. The legislation requires municipalities to incorporate the
provisions of the ORMCP into local planning documents. This requires amendments to
municipal official plans and zoning by-laws.
1.2 In June 2004, Council adopted Official Plan Amendment No. 33 to implement the
policies of the ORMCP. This amendment has not yet been approved by the Minister of
Municipal Affairs and Housing. Staff are presently in discussion with the Ministry to
facilitate approval of Amendment No. 33.
1.3 The purpose of this report is to present the Zoning By-law which incorporates the
policies of the ORMCP and Amendment No. 33 to the Clarington Official Plan for
adoption by Council. A copy of the Zoning By-law is contained in Attachment No.1 to
th is report.
1.4 A draft of the Zoning By-law for the ORM was originally released in September 2003.
Based on comments received from the public, agencies and discussions with Ministry of
Municipal Affairs officials, as they reviewed Official Plan Amendment No. 33,
modifications to the earlier draft have been undertaken. These modifications are
detailed in Section 3 of the report. In that the modifications have not resulted in a
substantial changes to the uses permitted or zone regulations, there is no need for a
second public meeting.
2.0 FRAMEWORK OF THE NEW ZONING BY-LAW
2.1 Much effort has been put into making the Zoning By-law a concise and easy-to-use
document. Some aspects of Zoning By-law 84-63, such as the basic organization of the
By-law have been carried forward into this By-law. However, there are a number of
significant differences between Zoning By-law 84-63 and the proposed Zoning By-law
for the ORM. The most noticeable of these changes is the extensive use of tables to list
permitted uses, the use of figures, and the delineation of property lines on the Zoning
Schedules. Tables have been used in the By-law to minimize the length of the text and
to improve the clarity of the By-law. Tables have also been used to detail other
regulations such as parking and loading space requirements. Figures have been used
in conjunction with some definitions and general provisions to enhance the clarity of the
By-law.
2.2 The Zoning Schedule details have improved significantly over that contained in By-law
84-63. Lot boundaries for all existing lots are now indicated on the Zoning Schedules.
As well, the scale of the Zoning Schedules for this By-law has been increased from
1 :50,000 to 1 :20,000. These two changes greatly enhance both the accuracy and the
ease of use of the Zoning Schedules
"
REPORT NO.: PSD.068.04
PAGE 3
The zones are illustrated in colour and/or a zone symbol consisting of a letter and/or
number, for example RS1. Colour has been used at this time for convenience only. It is
staff's intention to amend this draft by-law in the future to include the balance of the
Municipality. As a result some Schedules not applicable to the ORM have been
reserved for future use.
2.3 This new Zoning By-law is organized into the following four parts:
Part 1 - Scope and Interoretation
This part sets out the provisions related to the administration, interpretation and use of
the By-law including the purpose of the By-law, area of applicability, effective date and
how to use and interpret the Zoning By-law. Also included in this part are the
definitions.
Part /I - General Provisions
This part is separated into three sections being, General Development Regulations,
Special Land Use Provisions and Off-Street Parking and Loading. These provisions
apply to all areas covered by the By-law regardless of the zoning on a parcel of land.
Part 11I- Zone Cateaories
This part of the Zoning By-law sets out the permitted uses and the regulations that
govern how properties within each zone may be used, The information contained within
this part is provided in text and tables. The zones are grouped into the following
sections and zone categories.
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Urban Residential Zone Category (Reserved)
Rural Settlement Zone Category
Commercial Zone Category
Industrial Zone Category (Reserved)
Institutional and Utility Zone Category
Open Space Zone Category
Agricultural Zone Category
Aggregate Extraction Zone Category
Temporary Zone Category (Reserved)
Future Development Zone Category (Reserved)
Major Recreation Zone Category
Part IV - Schedules
This part of the Zoning By-law contains the maps on which the specific zoning for
individual properties are shown. The maps for lands above the 245 metre contour
(lands within the ORM) are contained in Schedule E. Schedules A to D are reserved for
the urban areas of Courtice, Bowmanville, Newcastle Village and Orono.
REPORT NO.: PSD-068-04
PAGE 4
3.0 KEY COMPONENTS OF THE NEW ZONING BY-LAW
3.1 In order to implement the ORMCP and Amendment No. 33 to the Clarington Official
Plan the draft ORM Zoning by-law released September 2003 has required some
revisions. This includes creation of some new zones and some reworking of draft zones.
Also, the Holding Symbol provisions have been expanded to accommodate the need for
the completion of environmental studies.
3.2 Open Space Zone CateQorv
The Open Space Zone category has been revised to better implement the ORMCP and
Official Plan Amendment No. 33. Revisions included the amalgamation of the "EP" and
"EP1" zones into one "EP" zone. The draft ORM Zoning By-law proposed zoning all
streams, valleylands and wetlands (water features) "EP". All other natural features
(woodlands ANSls, etc.) were zoned "EP1 ". Rational for this differentiation was to help
determine where a single detached dwelling could be located on a vacant lot of record.
The By-law contained in this report has zoned all natural and hydrologic features "EP".
Vacant lots of record are zoned either "EP-1" or "NC-1". More information on vacant
lots of record is provided in Section 3.5 of this report.
The Park zone was originally in the Institutional, Park and Utility Zone category of the
2003 draft By-law. The Park Zone has now been placed in the Open Space zone
category.
Environmental Protection (EP) Zone
In keeping with the ORMCP, all natural and hydrological features that have been
identified by mapping provided by the Ministry of Natural Resources and the 30 m
Minimum Vegetation Protection Zone associated with these features have been
mapped as 'EP'. Uses permitted in this zone are limited to conservation, flood erosion
and stormwater control structures, passive park, reforestation, existing single detached
dwellings, bed and breakfast, home occupation and existing farm uses.
Natural Core (NC) Zone
The Natural Core Zone identifies those lands designated Natural Core in the ORMCP
that do not possess any natural or hydrological features. In addition to the uses
permitted in the 'EP' Zone, a new farm use may be established within this zone,
including accommodations for farm help.
Natural Linkage (NL) Zone
Like the Natural Core Zone, this zone identifies those lands designated Natural Linkage
in the ORMCP that do not possess any natural or hydrological features. In addition to
the uses permitted in the "EP" and "NC" Zones, a new single detached dwelling and
active park may be permitted.
Park (P) Zone
This zone only permits passive or active parks that are owned or leased by a public
authority. Municipal parks have been zoned "P". However, due to the extensive natural
REPORT NO.: PSD-06S.04
PAGE 5
features and hydrological features on the lands owned by the Conservation Authorities,
their land holdings have not been zoned "P".
3.3 Aqricultural Zone Cateqorv
During preparation of the agricultural zoning, for the draft Oak Ridges Moraine Zoning
By-law released in 2003, the Agricultural Advisory Committee of Clarington was
consulted on the approach which included a zone category for Prime Agricultural Land
and a zone category for more General Agricultural Land. This segregation of
agricultural land was proposed to ensure the viability and protection of the most viable
farmland.
Since consultation with the Committee, the new Provincial Policy Statement (PPS) was
released in February 2005. It is stated in Section 2.3.3.2 of the PPS that "in prime
agricultural areas, all types, sizes and intensities of agricultural uses and normal farm
practices shall be promoted and protected". Having a tiered agricultural zone category
prohibiting certain agricultural uses in one zone, but permitting them in another
agricultural zone, is not in keeping with the Provincial Policy Statement. As a result, the
two tiered approach was abandoned and replaced with one zone being the "Prime
Agricultural Zone (A)". Conformity with the ORMCP, Amendment No. 33 to the
Clarington Official Plan and the PPS can be achieved with this zoning.
Although one agricultural zone has been proposed, performance standards have been
incorporated for greenhouse uses. These performance standards address the fact that
a greenhouse operation is more land intensive with respect to the number and size of
buildings than a typical farm operation. As such, the maximum lot coverage has been
increased for greenhouses from 5% to 15%. These performance standards also
minimize the impacts of greenhouses on adjacent properties by increasing interior and
rear yard setback provisions.
3.4 Rural Settlement Zone Cateqorv. Commercial Zone Cateqorv and Institutional and
Utilitv Zone Cateqorv
Rural Settlement Zone (RS1)
The development regulations for lands in the Rural Settlement Zone reflect a less dense
development form than that found in urban areas. The proposed by-law has been
revised to increase yard setbacks to help ensure lot coverage and landscape areas are
achieved in conformity with the ORMCP and Amendment No. 33.
Commercial Zones (C6, C7 and C8)
Lands identified within the Commercial Zone Category are those existing legal uses.
For example, existing commercial uses within the hamlets have been zoned
"Neighbourhood Commercial" allowing those uses that would be consistent with the
needs of hamlet residents. The Highway Commercial Zone and the Motor Vehicle
Service Zone are as their name sake and are only found in this By-law along the
REPORT NO.: PSD-068-04
PAGE 6
Highway 35/115 corridor. There has been no significant revisions between the draft
Zoning By-law and this Zoning By-law.
Institutional and Utilitv Zones IN and U)
A new zone category has been created, being the Institutional and Utility Zone
Category. By-law 84-63 did not have this parent zone and if any of these uses were
zoned, they were identified as an exception zone.
In the 2003 draft Zoning By-law the Institutional and Utility Zone category included
parks. The Park Zone has now been moved to the Open Space Zone category.
Another change includes the amalgamation of the Major Institutional Zone and the
Minor Institutional Zone and the addition of government/institutional uses such as
municipal administration building, hospital, courthouse and library. The Utility Zone no
longer includes utility corridors, but now includes water pollution control plants and
water supply plants. The reworking of this zone reflects staff consideration of the need
to zone uses that have traditionally been governmental uses (public uses) as these
uses are now sometimes being controlled/operated by private sector interests, Zoning
these uses will provide the municipality with more control on future land uses if the
public use was to be shutdown and sold.
There is only one place within the ORM that is zoned within this category, and that is
the Clarke Museum and Archives. It is zoned "Institutional (N)" and is located in the
Hamlet of Kirby.
3.5 Vacant Lots of Record - EP-1 and NC-1 Exception Zones
With the exception of streams, provincially significant wetlands and ANSls, By-law 84-
63 did not zone other natural features "EP". The ORMCP requires all the natural and
hydrologic features and the associated minimum vegetation protection zones to be
zoned "EP", prohibiting development. One exception has been made and that is for
existing vacant lots having existing zoning privileges to construct a single detached
dwelling prior to passage of the ORMCP (November 15, 2001). The ORMCP continues
to recognize these rights, provided the ecological integrity of the Oak Ridges Moraine is
maintained.
In order to determine which properties should be zoned to permit the establishment of a
single detached dwelling, assessment data was used to verify those properties without
a single detached dwelling and having frontage on an open and maintained road.
These vacant lots were then mapped and compared to existing zoning. Lands that are
currently zoned "Environmental Protection (EP)" in By-law 84-63, and therefore did not
have the zoning to permit a residence, were excluded from the mapping. The remaining
lands were then mapped, and those within a natural or hydrologic feature, or within the
Natural Core Area, were identified as "'EP-1" or '''NC-1'' exception zones permitting the
establishment of a single detached dwelling.
In order to ensure development of lands zoned "EP", "EP-1" or "NC'1" will not adversely
impact the integrity of the ORM, site plan approval will be required (see Report PSD-
REPORT NO.: PSD-06S.04
PAGE 7
074-05). The site plan process will ensure the development will have no adverse
impact and can incorporate mitigation, restoration or rehabilitation measures.
3.6 Environmental Holdinq Svmbol
The ORMCP and the Clarington Official Plan Amendment No. 33 requires the
preparation of an environmental study for development occurring within 120 metres of
the limit of a natural or hydrologic feature. The use of the Holding Symbol in
accordance with Section 36 of the Planning Act provides municipalities with the
opportunity to require additional information prior to considering the appropriateness of
a proposed development. It is proposed that an Environmental Holding Symbol be used
to implement the need for submission and review of environmental impact studies prior
to consideration of development. Section 23.4.3 of the Clarington Official Plan specifies
that the use of the Holding Symbol can assist Council in achieving specific planning
objectives and ensure that any development or redevelopment proceeds in accordance
with the policies of the Official Plan. It is further specified in the Official Plan that this
may require the submission of environmental impact studies to address those measures
that have been taken to protect natural areas and proposed mitigation measures.
The Environmental Holding Symbol has been mapped as a hatched area reflecting 90
metres from the limit of the "EP" Zone. Until such time as the Environmental Holding
Symbol is removed by amendment to the By-law, the use of land and/or the
construction or use of buildings or structures is prohibited except for the continuation of
existing uses or conservation purposes. Removal of the Environmental Holding Symbol
will not be necessary for a one time addition to an existing principal building provided it
does not exceed 50% of the floor area up to a maximum of 50 m2 or for a one time
addition to accessory structures to a maximum of 20 m2. These exemptions are
predicated on the fact that the addition cannot be closer than 5 metres to an "EP" Zone
and/or that no more than 15% of any natural features, including hydrologic features
located on the lot are removed.
Prior to removal of the Environmental Holding Symbol, the applicant shall enter into a
site plan agreement with the Municipality. The use of site plan control can ensure that
recommendations such as vegetation plantings, lighting, etc can be accommodated.
Report PSD-074-05, recommends revising Clarington's Site Plan Control By-law to
allow the site plan approval process to be used for this purpose.
Although the removal of the Holding symbol is a rezoning application under Section 36
of the Planning Act, it is not as onerous and is less expensive for individuals. The
September 2003 draft Zoning By-law required a rezoning under Section 34 of the
Planning Act prior to issuance of a building permit for lands within the "EP" and "EP-1"
zone. Staff did not want to require a full rezoning process to be undertaken by
individuals in these situations and have revised the By-law to utilize the Holding symbol.
REPORT NO.: PSD-068-04
PAGE 8
3.7 Leaal Non-Conformina Uses
The ORMCP requires that when determining whether a use, building or structure is
legal non-conforming it shall be based on whether it existed legally on November 15,
2001. This is the day before the ORMCP came into force. Any uses that were
established before that date, but not in compliance with the Clarington Zoning By-law
84-63, as amended, would be deemed to be illegal. Also, any uses that established
after November 15, 2001 that do not comply with this new Zoning By-law are illegal.
4.0 AMENDMENT TO CLARINGTON BY.LAW 84-63
4.1 In order to facilitate implementation of the Zoning By-law for lands within the ORM, a by-
law must be passed that effectively makes the zoning provisions and statues of By-law
84-63 inapplicable on all lands situated above the 245 metre contour and replace these
zones with new zoning. This By-law is contained in Attachment No. 1 to this report.
Schedule 3 to the By-law contained in Attachment No. 1 is the new Zoning By-law
having the new zoning provisions, regulations and schedules for all lands situated
above the 245 metre contour implementing Official Plan Amendment No. 33 of the
ORMCP.
4.2 Some lands within the Oak Ridges Moraine possess exception zones. These
exceptions zones provide for uses that are different from the parent zone use, and/or
uses, buildings or structures that do not meet one or more regulations of the parent
zone. For each exception zone within the Oak Ridges Moraine, a site visit was
conducted to determine if the use still existed and if so, what regulations would be
required to accommodate these uses. Attachment 2 to this report provides a summary
of the exception uses within the Oak Ridges Moraine and how they were addressed in
the new Zoning By-law. For those exception zones currently contained in By-law 84-63
on lands above the 245 m contour that are not found elsewhere within the Municipality it
is proposed that these zones be deleted from the text of By-law 84-63. The By-law
contained in Attachment 1 provides for removal of these zones from the text of Zoning
By-law 84-63.
4.3 The Minister is the approval authority of this By-law, and in accordance with the Oak
Ridges Moraine Conservation Act, the effective date of the By-law will be the date it is
passed by Council. Until the Minister approves the By-law, development within the Oak
Ridges Moraine must conform with both the zone provisions of By-law 84-63 as
amended, and the provisions of the Oak Ridges Moraine Zoning By-law.
4.4 If the Zoning By-law for lands within the Oak Ridges Moraine is not passed by Council
prior to June 9, 2005, then the exemption of Section 34(19) of the Planning Act is no
longer applicable. This section of the Planning Act provides the ability for decisions to
be appealed to the Ontario Municipal Board.
REPORT NO.: PSD-068-04
PAGE 9
5.0 CONSULTATION AND PUBLIC NOTICE
5.1 The Public meeting provisions of the Planning Act apply with respect to preparation and
adoption of a Zoning By-law to implement the ORMCP. The statutory public meeting
was held on September 22, 2003. Notice of the public meeting was provided in
accordance with the provisions of the Planning Act. The draft By-law was available for
comment prior to the public meeting and continued to be available for comment.
Comments received on the draft Zoning By-law at the public meeting are detailed in
Staff Report PSD-78-04. With the exception of questions from residents regarding
development potential on their lands within the ORM, there have been no specific
comments received on the 2003 draft Zoning By-law from either agencies or the public
since adoption of Amendment No. 33 by Council in June 2004.
5.2 Consultation with the public and agencies regarding the Municipality's ORM conformity
amendments, including the Zoning By-law have consisted of the following:
· 2 newsletters identifying proposed land use designations and opportunities
for providing comments on the ORMCP, municipal documents and mapping
. 2 public information sessions
· Statutory public meeting in September 2003
· Discussions with interested agencies, specifically the Central Lake Ontario
Conservation Authority and the Ganaraska Region Conservation Authority
. Posting of relevant documents on the Municipal Web Site.
Notice of this meeting was mailed to all interested parties, placed in the local
newspapers on May 18, and advertised on the Municipal web site.
5.3 The proposed By-law that is before Council has been available to the public since May
18, 2005. At the time of writing this report, there have been no comments received
regarding the content of this By-law.
6.0 RECOMMENDATIONS AND CONCLUSIONS
6.1 The Province has required municipalities to incorporate the provisions of the ORMCP
into their planning documents. This new Zoning By-law implements both the ORMCP
and Amendment No. 33 to the Clarington Official Plan.
6.2 This is a stand-alone By-law, providing definitions, general development provisions,
parking and loading requirements for lands on the ORM. Once approved, reference to
Zoning By-law 84-63 will not be necessary when administering this By-law.
6.3 Addressing the ORMCP's requirement for the preparation of environmental studies for
development of lands adjacent to natural and hydrologic features in the Zoning By-law
was a key element in the preparation and implementation of this By-law. The new By-
law must balance the requirements of the ORMCP and ensure that Council can achieve
specific planning objectives but not be overly onerous on development or too complex
to administer. Striking this balance is achieved by use of the Environmental Holding
REPORT NO.: PSD-068-04
PAGE 10
Symbol and site plan control, providing the Municipality with both the legislative ability to
require the preparation of an environmental study and ensuring that the
recommendations of the environmental study are implemented. On the next Committee
Agenda, Report PSD-074-05 recommends that the Municipal site plan control by-law be
repealed and replaced enabling the Municipality to utilize site plan control to address
development of single detached dwellings and farm buildings within the Environmental
Holding Symbol, the "Environmental Protection Zone" and the "Natural Core Zone"
where applicable.
6.4 Within Clarington, generally the use of a Holding Symbol is to ensure that municipal
water and sanitary services and appropriate road infrastructure is available to a site.
Rarely it is required that a study be prepared in order to support the removal of the
Holding Symbol. A different approach is being taken for lands within the ORM, whereby
the preparation of an environmental impact study will be required in order to support an
application to remove the Environmental Holding Symbol. The preparation of the
environmental impact study will be an expense that will be borne by the proponent. It is
recommended that upon Ministerial approval of the Zoning By-law, that a by-law be
passed to amend the Municipal Fee Schedule to add a fee specific for Removal of the
Environmental Holding Symbol on lands within the ORM. It is recommended that the
fee be $425.00 (plus GST), similar to a fee for minor variance applications.
6.5 The Municipality has requested on a number of occasions comments on the draft
Zoning By-law from the Ministry of Municipal Affairs and Housing. No comments have
been provided from the Ministry. All comments received from the public and agencies
have been addressed. It is recommended that the By-law contained in Attachment No.
1 be passed and forwarded to the Minster of Municipal Affairs and Housing for approval.
REPORT NO.: PSD.068-04
PAGE 11
Attachments:
Attachment 1 - By-law to Amend Clarington Zoning By-law 84-63, under separate cover
Attachment 2 - Disposition of Exception Zones within ORM
Interested parties to be notified of Council and Committee's decision:
Jean Gable
John Upton
Wendy Chandler
Clerk's Department
Alex Georgieff
Region of Durham Planning
Department
Lorna Ferguson
Val Choloniuk
Ganaraska Region
Conservation
Authority
Libby Racansky
Victor Suppan
Kerry Meydam
Oak Ridges Trail Association
Adela and Guy Pugliese
City of Oshawa
Clerk
James Parkin
MacNaughton Hermsen
Britton Clarkson
Ronald Robinson
Brian Hancock
Township of Scugog
Clerk
Municipal Office
Joanne Kim
Ontario Federation of
Agriculture
Mark McMillan
David Veenstra
SAGA Save the Ganaraska
Again
c/o Ms. Katherine Guselle
John Cartwright
Dave Roberts
Sandy Cook and
Ted Kilpatrick
Steve Tinmouth
Jamie Davidson
Blain Moffat
Mr. and Mrs. Barriage
Victor Doyle
Ministry of Municipal Affairs
& Housing
Rick Buller
Lafarge North America
Roy Forrester
c/o Oak Ridges Moraine Trail
Assoc
Tim and Frances Tufts
Richard & Florence
Stephenson
Harry Schillings
Richard Ward
Bob Watson
Gary Woodbeck
Dwayne Day
Peterboroug h- Victoria
Northumberland-Clarington
R.C. Separate School Board
Karina Isert
Gary Sunstrum
Jamie Davidson
David Dietlein
Enbridge Gas Distribution
Area Records Co-ordinator
Danny Stacheruk
Wendy Partner
Kevin Walter
Victor Sup pan
LACAC
Sheryl Greenham
Jacqueline Vaneyk
REPORT NO.: PSD-068-04
PAGE 12
Jason Webb
Bill McBride Executive Vice President,
Law & Donald Griffin
Keith and Louis Harden Development
Jacelyne Noel
Jeanne Burnside Ontario Power Generation
Herb Prescott
Irv Harrell Otonobee Region
Conservation Brenda and Jim Rowe
J. and J. Clark Authority
Caroline Matthews
Doug Morgan Clerk
Town of Port Hope Jack Syer
Roy Morton
Clerk Ewan Burke
Terry Holroyd Cavan Township
Linda Gasser Ivan Krebelj
Jack Fisher
Brian Buckles Bob Watson
Kim Lilly
STO.R.M Walter Gibson
Lisa Bianca Gibson & Associates Lid
Wayne Fairbrother
Robert Chater Templeman, Menninga Mr. Tom Lupu
Barristers and Solicitors
Lyle McMahon Mark McMillan Karen Yellowlees
Durham Federation of
Tony and Connie Pugliese Bruce and Joanne Hannam Agriculture
Jim Reynaert Gord and Pat McMeekin Peter Grady
Graywood Developments Lid
William W. Griffin Grant Greenwood
James Tosswill
Mario Veltri Steven Heggie
Dave Miura
Cameron and Marie Smail Stuart Wood
Velma & William Griffin
Dave Muira D. Tinmouth
Terry Souch
Gary Woodbeck Eric Atkins Oshawa Ski Club
Damian Farrugia William Stapleton Paul Dockrill
Hydro One Networks Inc.
Marianne McBride Bud Duguid Real Estate Services
Dave Bortolazzo Sharon Trudeau Enbridge Gas Distribution
Sales Development Co-
Regional Clerk Julie and Ernie Csizmadia ordinator
Regional Municipality of
Durham
REPORT NO.: PSD-068-04
PAGE 13
Kawartha Pine Ridge Disl.
School
City of Kawartha Lakes
Central Lake Ontario
Conservation
Mayor John Mutton
Kawartha Region
Conservation
Authority
Councillor Charlie Trim
Councillor Don MacArthur
Tony Cannella
Director of Engineering
Services
Councillor Adrian Foster
Councillor Gord Robinson
Councillor Jim Schell
Heather Keyzers
Municipality of Clarington
Candice Doiron
Clerks Department
Councillor Pat Ping Ie
Municipality of Clarington
Zoning By -law
2005 -xxx
For lands within the Oak Ridges Moraine
June 2005
v U
LIM
INTRODUCTION
The purpose of this Forward is to assist the reader in the use of the Zoning By -law.
It provides an overview of how the By -law is organized, how to determine what a
particular property may be used for, and the zoning regulations that apply to that
property.
ORGANIZATION OF THE ZONING BY -LAW
The Zoning By -law is organized into four parts:
Part I - Scope and Interpretation
Sections 1 and 2 set out the provisions related to the administration, interpretation
and use of the By -law.
Definitions for terms that are used in the By -law are provided in Section 3. For a
few of the defined terms, the reader is directed to either Sections 4, 5 or 6 of the By-
law. In these cases, the definition is listed with the provisions or regulations that
apply to the defined term. For example, the definition of "visibility triangle" is found
in Section 4.11 together with the general development regulations that govern
visibility triangles.
Defined terms used in this By -law are indicated in italics. The definitions are listed
alphabetically in Section 3. Where part of a defined term is underlined, the reader is
referred to the underlined term in Section 3 to find the appropriate definition. For
example, to find the definition of gross commercial floor area, the reader would look
under the term floor area.
Part II - General Provisions
Sections 4, 5 and 6 outline the provisions that apply to all areas covered by the By-
law regardless of the zoning on a parcel of land. Section 4, General Development
Regulations, regulates such matters as accessory buildings and visibility triangles,
while Section 5, Special Land Uses Provisions, regulates uses such as home
occupations and temporary dwellings. Section 6, Off - Street Parking and Loading,
provides regulations governing the provision of off - street parking and loading. When
determining the permitted uses and the zoning regulations that apply to a specific
property, the general provisions in these three sections should be reviewed in
conjunction with the specific zone provisions for the property set out in Part III.
Part III - Zone Categories
Sections 7 through to 17 set out the permitted uses and the regulations that govern
how properties within each zone may be used. The zones are grouped into the
following categories based on the type of use:
Section 7
Urban Residential Zone Category
Section 8
Rural Settlement Zone Category
Section 9
Commercial Zone Category
Section 10
Industrial Zone Category
Section 11
Institutional and Utility Zone Category
Section 12
Open Space Zone Category
Section 13
Agricultural Zone Category
Section 14
Aggregate Extraction Zone Category
Section 15
Temporary Zone Category
Section 16
Future Development Zone Category
Section 17
Major Recreation Zone Category
A zone category consists of the Parent Zone, Permitted Uses, and Regulations
followed by exceptions to the Parent Zone. The uses permitted for each of the
zones within a specific zone category and the regulations that apply to each of the
zones, are set out in tables and or text. The permitted uses and regulations for any
exception zones follow the main body of the parent zone. Within the Major
Recreation Zone Category, there are no Parent Zone uses or regulations provided.
The Major Recreation Zone Category is comprised only of zones specific to a
primary land use. Letters and numbers, both on the schedules and in the text of this
by -law identify these zones.
Part IV - Schedules
The Schedules contain the maps on which the specific zoning for individual
properties is shown. The mapping is organized as follows:
• Schedule E
Schedule E is divided into a number of smaller maps for ease of reference. Index
Maps for each Schedule are provided to indicate which of the smaller maps a
property is located on. Street names and the lot lines for individual properties are
indicated on the Schedules to make it easier to determine the specific zone within
which a property is located.
The zones are illustrated on the Schedules through the use of colour specific to a
zone category and /or a zone symbol that consists of a letter and /or a number (eg.
RS1). Exception zones are indicated by adding a hyphen and a number to the
parent zone symbol (eg. RS1 -1).
HOW TO USE THE TABLES
Tables have been used in the Zoning By -law to present the provisions of the By -law
in a concise manner. Two types of tables are used - Permitted Use tables and
Regulation tables.
The following basic rules will help the reader interpret the tables:
All regulations listed in a table are the minimum required, unless otherwise
specified in the table.
2. All measurements in the table are provided in metric. The following
abbreviations are used:
"m" means "metres"
"m2i means "square metres"
"ha" means "hectares ".
3. Notations are indicated with a subscript number in brackets (#). The notation
directs the reader to a specific condition that applies to the permitted use or
regulation. These notations are provided at the bottom of the table and are
considered to be part of the table.
Each type of table and its method of use are explained below.
Permitted Use Tables
These tables list the uses that are permitted in each zone. The individual zones are
listed across the top of the table, while specific uses are listed along the left side of
the table. Uses are grouped and are listed alphabetically within each group. As
described in the legend, the letter "P" beside a use indicates that the use is
permitted in the specified zone, while the symbol " -" indicates that the use is not
permitted in the specified zone. The letter "P" followed by a notation (#) indicates that
a use is permitted in the specified zone provided that the condition or conditions set
out in the appropriate notation at the bottom of the table is satisfied. These
notations are considered to be part of the table.
If a use is specifically defined in this By -law, but not listed by a Permitted Use table
as being permitted within a specific zone, then that use shall not be permitted in that
zone.
Regulation Tables
The Regulation Tables in Part II (Sections 4, 5 and 6) list the regulations that apply
to the uses permitted by the General Provisions. The symbol "ZR" (Zone
Regulation) means that the relevant regulation of the zone in which the use is
located applies. The notations (#) refer the reader to the special regulations that are
set out at the bottom of the table.
The Regulations for the Zone Categories (Part III) list the regulations that apply to
the uses permitted in each zone. Generally the regulations are grouped into distinct
categories such as; lot area and lot frontage, yard setbacks, floor area, lot coverage,
landscape area and height. Each zone category may group these regulations
differently. Other regulations or regulations specific to a use may be identified
individually. The symbol " #" within a regulation table indicates that a regulation
does not apply in the specified zone. The notations (#) refer the reader to special
regulations that are set out at the bottom of the table.
Exception Zones
Exception Zones are not identified in tables, but appear after the Permitted Use table
and Regulations of the Parent Zone. Exception Zones are provided for uses that are
different than the Parent Zone and /or do not meet one or more regulations of the
Parent Zone. For example, the Parent Zone for the "RS1 -1" Exception Zone is "RS1 ".
The regulations of the Parent Zone apply to the Exception Zone unless a different
regulation is identified in which case the specific regulation listed applies.
NON - CONFORMING USES
When determining if a use is legal non - conforming in accordance with the provisions
of Section 1.8 and the definitions found in Section 4.9, the following By -laws and
their adoption dates shall be considered:
Former Township of Darlington By -law 2111 adopted December 4, 1958
Former Township of Clarke By -law 1592 adopted May 23, 1968
Former Town of Newcastle By -law 84 -63 adopted September 10, 1984
- iv -
Section 1
1. SCOPE OF BY -LAW
1.1 Title
Scope of By -law
1.1.1 This By -law shall be cited as the "Municipality of Clarington
Zoning By -law — 2005 -XXX."
1.2 Purpose
1.2.1 The purpose of this Zoning By -law is to:
a) implement the policies of the Provincial Oak Ridges
Moraine Conservation Plan;
b) implement the policies of the Clarington Official Plan;
c) detail the use of land, buildings or structures for or
except for such purposes as set out in this By -law; and
d) provide detailed regulations respecting the use of land
and the location of buildings and structures.
1.3 Legislative Authority
1.3.1 This Zoning By -law is passed by the Council of the
Municipality of Clarington pursuant to the provisions of the
Planning Act and the Oak Ridges Moraine Act.
1.4 Area of Applicability
1.4.1 This By -law applies to all lands within the boundaries of the
Oak Ridges Moraine, being those lands above the 245 metre
contour as established by the Province of Ontario in
Regulation 01/02 within the Municipality of Clarington
1.5 Contents of By -law
1.5.1 All references in this By -law to sections, regulations,
exceptions, tables, figures, schedules and maps, refer to those
in this By -law unless otherwise indicated.
1.5.2 Schedule E attached hereto, with the notations, zone
boundaries, symbols and references shown thereon, show the
area to which this By -law applies and shall form part of this
By -law.
1.5.3 The Appendices do not form part of this By -law but are
provided for the purposes of convenience only.
1.6 Effective Date
1.6.1 Pursuant to the provisions of the Oak Ridges Moraine
Conservation Act, 2001, this By -law shall come into force on
1 -1
Section 1 Scope of By -law
the day it is approved by the Minister of Municipal Affairs and
Housing.
1.7 Repeal of Previous By -laws
1.7.1 By -law No. 84 -63, being the Comprehensive Zoning By -law of
the former Town of Newcastle, is hereby amended, in part by
deleting reference to those lands located within the Oak
Ridges Moraine, being those lands above the 245 metre
contour.
1.8 Use of Land, Buildings or Structures to Conform
1.8.1 No land shall be used and no building or structure shall be
located, constructed, or used in whole or in part except in
conformity with the provisions of this By -law.
1.8.2 No permit for the use of land or for the construction or use of
any building or structure shall be issued where the proposed
building, structure, or use is in violation of any provision
contained in this By -law.
1.8.3 For the lands above the 245 metre contour, the provisions of
this By -law shall not apply to the use of any land, building or
structure for a purpose prohibited by this By -law, if the land,
building or structure was lawfully used for that purpose on
November 15, 2001 and continues to be used for that
purpose.
1.8.4 The provisions of this By -law shall not apply to prevent the
construction or use of any building or structure for a use not
permitted by this By -law for which a permit has been issued
under the Building Code Act prior to the date of passing of this
By -law, so long as:
a) the building or structure, when constructed, is used and
continues to be used for the purpose for which it was
constructed; and
b) the permit has not been revoked under the Building Code
Act.
1.9 Validity of By -law
1.9.1 The invalidity of the whole or any part of any one or more
provisions of this By -law does not affect the validity,
effectiveness or enforceability of the other provisions or parts
of the provisions of this By -law.
1 -2
Section 1 Scope of By -law
1.10 Relation to Other Government Requirements
1.10.1 This By -law shall not be construed so as to 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.
1.10.2 Compliance with this By -law does not relieve a property owner
from full responsibility for complying with:
a) the requirements of the Ontario Building Code;
b) the requirements of any federal, provincial, regional,
municipal, or conservation authority legislation; and
c) the conditions of any caveat, covenant, easement, or other
instrument affecting a building or land.
1.11 Conflict with Other Government Regulations
1.11.1 Where any requirement in this By -law is more restrictive than
a requirement of the Durham Regional Official Plan, the
Clarington Official Plan, and /or any statute, ordinance or
regulation of the Government of Canada, the Government of
Ontario, or any conservation authority, the more restrictive
requirement in this By -law shall govern. Where any such
statute, ordinance or regulation imposes a more restrictive
requirement than this By -law, such more restrictive
requirement shall govern.
1 -3
Section 2 Interpretation of By -law
2. INTERPRETATION OF BY -LAW
2.1 Zone Boundaries
2.2 Split Zoning
2.3 Permitted Uses
2.4 Regulations
2.5 Use of Singular and Plural
2.6 Measurements and Dimensions
2.7 Definitions
2.8 Floor Space Index
2.9 Meaning of Terms
2.10 Provincial Legislation
2.1 Zone Boundaries
2.1.1 Where a zone boundary shown on a Schedule coincides with
a lot line or a street line, the zone boundary shall be deemed
to be the lot line or street line in question.
2.1.2 Where a zone boundary shown on a Schedule lies within a lot,
the location of the zone boundary shall be determined by the
scale of the Schedule, unless the location of the zone
boundary is specified by dimensions on a map that forms part
of an amendment to this By -law.
2.2 Split Zoning
2.2.1 Where a lot is divided into more than one zone, by the zone
category or the limit of the Municipality of Clarington Zoning
By -law, each separately zoned portion of the lot shall be used
in accordance with the use provisions for the applicable zone.
All buildings, structures and uses shall conform to the
applicable zone regulations for that zone as if each separately
zoned portion was a lot. However,
a) no lot shall have more than one dwelling on the whole of
the lot except as specifically permitted by this By -law;
and /or
b) where this By -law limit divides a property, provided the
use of that of the lot conforms, this By -law limit shall not
be a zone limit for defining yard setbacks.
2.3 Permitted Uses
2.3.1 A use that is listed as being permitted shall only be permitted if
it satisfies all applicable provisions of this By -law, including the
regulations set out for the zone in which the use is permitted.
2 -1
Section 2 Interpretation of By -law
2.3.2 In Permitted Use tables, the letter "P" beside a use indicates
that the use is permitted in the specified zone. The letter "P"
followed by a notation indicates that the use shall only be
permitted in the specified zone provided that the condition(s)
set out in the notation at the bottom of the table is satisfied
and that it satisfies all applicable provisions of this By -law.
These notations are considered to be part of the table. The
symbol " —" indicates that the use is not permitted in the
specific zone.
2.3.3 If a use is specifically defined in this By -law but not listed by a
Permitted Use table as being permitted within a specific zone,
then that use shall not be permitted in that zone.
2.3.4 If a use that is. not defined by this By -law is not identified as
being permitted in a zone, that use shall be permitted if, in the
opinion of the Director of Planning Services or his designate,
that use is similar in character or purpose to a use that is
permitted in the zone, provided it satisfies all applicable
requirements of this By -law.
2.4 Regulations
2.4.1 The Regulation Tables in Part II (Sections 4, 5 and 6) list the
regulations that apply to the uses permitted by the General
Provisions. The symbol "ZR" (Zone Regulation) means that
the relevant regulation of the zone in which the use is located
applies. The notations (#) refer the reader to the special
regulations that are set out at the bottom of the table.
2.4.2 The Regulations for the Zone Categories (Part III) list the
regulations that apply to the uses permitted in each zone.
Generally the regulations are grouped into distinct categories
such as; lot area and lot frontage, yard setbacks, floor area, lot
coverage, landscape area and height. Each zone category
may group these regulations differently. Other regulations or
regulations specific to a use may be identified individually.
The symbol "V" within a regulation table indicates that a
regulation does not apply in the specified zone. The notations
(#) refer the reader to special regulations that are set out at the
bottom of the table.
2.4.3 Where the regulations of a parent zone are different from that
within a special land use provision the more restrictive
provision shall apply.
2 -2
Section 2 Interpretation of By -law
2.5 Use of Singular and Plural
2.5.1 When consistent with the context, words used in the singular
include the plural, and words used in the plural include the
singular, unless otherwise specified.
2.6 Measurements and Dimensions
2.6.1 All regulations contained in this By -law are the minimum
required unless otherwise specified. All measurements and
dimensions in this By -law are expressed in metric.
2.7 Definitions
2.7.1 Terms defined in this By -law are italicized and underlined for
the purposes of convenience only. If a term defined by this
By -law is not italicized and /or underlined, the definition
provided by the By -law shall apply when consistent with the
context.
2.8 Floor Space Index
2.8.1 Where the Floor Space Index (F.S.I.) for a property is
indicated on a schedule, the letter "T" shall mean "Total ", the
letter "C" shall mean "Commercial ", and the letter "R" shall
mean "Residential'. The numbers shall indicate the maximum
F.S.I. for each type of use permitted for that property.
2.8.2 Where the maximum F.S.I. for a property indicated on a
Schedule is different than the maximum F.S.1 indicated in a
specific zone, the F.S.I. indicated on the Schedule shall take
precedence provided that the use meets all applicable
regulations of this By -law.
2.9 Meaning of Terms
2.9.1 Where this By -law refers to "the Municipality ", it shall mean
The Corporation of the Municipality of Clarington. The word
"Municipal" shall have the same meaning as "Municipality ".
2.9.2 Where this By -law refers to "Council ", it shall mean the
Council of The Corporation of the Municipality of Clarington.
2.9.3 Where this By -law refers to "the Region ", it shall mean The
Corporation of the Regional Municipality of Durham. The word
"Regional" shall have the same meaning as "Region ".
2.9.4 Where this By -law refers to "the Province ", it shall mean the
Province of Ontario. The word "Provincial" shall have the
same meaning as "Province ".
2 -3
Section 2
Interpretation of By -law
2.10 Provincial Legislation
2.10.1 All references to names of Acts of the Provincial Legislature in
this By -law, unless otherwise noted, are references to the
R.S.O. 1990 edition, as amended from time to time, including
successor legislation.
2 -4
Section 3 Definitions
3.0 DEFINITIONS
3.1 The terms set out below shall have the following meanings:
Abattoir
An establishment where livestock, poultry or fur bearing animals are
penned and slaughtered on a commercial basis, and may include the
production and processing of meat products as accessory uses.
Accessory
See Section 4.1.1 a) for definition.
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. The term "goods" includes books,
magazines, pictures, slides, film, phonograph records, audio cassettes,
compacts discs, or any other reading, viewing or listening matter. The
terms "to provide ", "services ", and "services designed to appeal to erotic
or sexual appetites or inclinations" are defined in the Municipal Act.
Adult Home Care
See Section 5.6.1 a) for definition.
Agricultural Fairground
Lands, buildings or structures used on a seasonal or temporary basis for
an agricultural fair, including a farmers market, livestock show, rodeo,
equestrian events and a carnival, and accessory uses such as a music
concert, flea market, and concession stands.
Agricultural Research Centre
An establishment used for the purpose of conducting pure and applied
research and experimentation in the field of agriculture, excluding all
animals, and may include facilities such as lecture rooms, administrative
offices, laboratories, display rooms, service and machine shops to serve
the research center operation, green houses and outdoor growing areas.
Agri- tourism
Shall mean an agricultural establishment that provides a service to
promote and educate the public about farming and agricultural activities.
An agri- tourism use shall be accessory to a farm and shall be located on
the same lot. An agri- tourism use may include a farm produce outlet.
Agri- tourism may include the following uses: corn or hay maze; petting
zoo; hayrides; sleigh rides; buggy or carriage rides; seasonal
activities /events related to the farm and farm tours, but shall not include:
restaurant, amusement park, special event, overnight camping or
motorized recreational competition with the exception of tractor pulls.
3 -1
Section 3
Aisle
See Section 6.3.1 a) for definition.
Definitions
Amenity Area
An area that is designed and intended primarily for the leisure and
recreation of the occupants of a building or site.
• Common Amenity Area
An amenity area provided for the common use of the occupants of a
building or site. A common amenity area may be located either within a
building or exterior to a building and may include such uses as games
rooms, fitness rooms, swimming pools, children's playgrounds and similar
indoor and outdoor recreational uses. The term common amenity area
shall not include any lands zoned "Environmental Protection (EP)" or any
landscaped area required by this By -law.
• Private Amenity Area
An amenity area immediately abutting a dwelling that is provided for the
exclusive use of the occupants of the dwelling.
Animal Enclosure
A building, structure, fenced area or any combination of the three, that
secures an animal from the public and is appropriately sized and
constructed for the type of animal.
Animal Enclosure Holding Space
A secure secondary area, within an animal enclosure that allows for
segregation of animals to enable cleaning maintenance or veterinary
procedures.
Animal Enclosure Security Area
An area between the animal enclosure and the public, with separate
locking doors or gates, providing a buffer zone to keep the public from the
animals and the animals from escaping.
Arena
An establishment that has as its principal use such recreational activities
as curling, skating, hockey, lacrosse, or similar athletic activity, and may
include accessory uses such as dressing rooms, snack bars, restaurants,
pro shops, and bleachers.
Art Gallery
An establishment open to the public where the principal use is the
exhibition of paintings, photographs, sculptures, pottery, and other visual
art.
3 -2
Section 3 Definitions
Assembly Hall
An establishment in which permanent or temporary seating is provided for
an audience for athletic, civic, educational, entertainment, political,
religious or social purposes.
Athletic Field
An area of land designed and used for the playing of organized sports
such as baseball and soccer. The term athletic field may include
accessory uses such as players' benches, spectators bleachers, and
parking areas.
Attached
A building otherwise complete in itself that depends for structural support
or complete enclosure upon a division wall shared in common with an
abutting building.
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, materials and vehicles by
public auction. Merchandise, with the exception of animals, to be sold on
the premises may be temporarily stored for a maximum of 30 consecutive
days.
• Livestock Auction Centre
An auction centre where animals are auctioned. Animals to be auctioned
are not permitted to be kept at the livestock auction centre for continuous
periods exceeding 24 consecutive hours.
Bank
An establishment where money is deposited, kept, loaned or exchanged,
and shall include a trust company or credit union.
Banking Machine
See Section 5.1.1 a) for definition.
Banquet Hall
An establishment used for banquets, wedding receptions 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 and that may
provide live entertainment and /or dancing. The term bar shall not include
an adult entertainment parlour.
3 -3
Section 3 Definitions
Basement
The portion of a building between two floor levels that has less than 50%
of it's height below the average finished grade of the lot on which the
building is located. The term basement shall not include a cellar.
Bed and Breakfast
See Section 5.2.1 a) for definition
Berm
Block
A man -made mound of earth used to provide visual or acoustic screening,
or to protect property.
Shall mean a group of lots which are bounded either by streets or a
combination of streets, private roads, rivers, or railway lines or parks.
Boarding or Rooming House
A single detached dwelling in which the owner and /or his agent resides
and provides sleeping accommodation and washroom facilities for a fee in
furnished rooms, with or without the provision of meals.
Boat Dock
A structure to which recreational boats and watercraft are secured while in
the water. The term boat dock shall not include a commercial dock facility.
Boat House
An accessory building or structure designed or used for the sheltering of a
boat or other type of watercraft.
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 of Ontario.
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 of Ontario.
Broadcast Studio
An establishment used by a radio and /or television station to receive
and /or broadcast telecommunication signals, and may include recording
studios, communication towers, satellite dishes, and the parking of service
and utility vehicles.
3 -4
Section 3 Definitions
Broadcasting Centre
An establishment used by a radio and /or television station for a broadcast
studio and may include recording studios, communication towers, satellite
dishes, the parking of service and utility vehicles.
Breezeway
A roofed connection between two or more buildings that may be partially
enclosed by walls.
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.
• Apartment Building
A building containing four or more dwellings that share a common
entrance, common halls, stairs, elevators, and /or yards.
• Block Townhouse Building
A townhouse building which gains access to a street via a private road on
a commonly held parcel of land and /or a common driveway.
• Corporate Office Building
An office building which is occupied by a single company and which
serves as the corporate headquarters for the company.
• Duplex Building
A two storey building that is divided horizontally into two separate
dwellings, with each dwelling having a separate entrance either directly
from the outside or through a common vestibule.
• Fourplex Building
Two duplex buildings attached vertically by a common wall extending from
the base of the foundation to the roof.
• 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.
• Semi - Detached Building
A building separated vertically into two separate dwellings, connected by a
common wall, with each dwelling being located on a separate lot and
having a separate entrance directly from the outside of the building.
• Townhouse Building
A building divided vertically or horizontally into a minimum of three
separate dwellings, with each dwelling having a direct access from
finished grade.
3 -5
Section 3 Definitions
• Triplex Building
A building divided horizontally into three separate dwellings, with access
to each dwelling being provided through a common vestibule.
Building Permit
An approval issued by the Chief Building Official of the Municipality of
Clarington pursuant to the Building Code Act.
Building Supply Outlet
An establishment where primarily lumber and masonry products are
stored and sold.
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.
Bunkhouse
A building or mobile home located on a farm that is used for the
accommodation of agricultural workers employed on the farm during the
growing and harvest seasons. A bunkhouse shall consist of at least one
bathroom and at least two habitable rooms that provide living, dining and
sleeping accommodation in appropriate combinations.
Bus Terminal
An establishment where buses pick up and discharge fare - paying
passengers and where buses are parked or housed on a temporary basis.
The term bus terminal includes accessory uses such as a ticket office,
parcel or luggage checking facilities, snack bar and a restaurant.
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.
Campground
A parcel of land where individual sites are rented on a transient or
seasonal basis for the placement of recreational trailers, recreational
motor vehicles, or tents, for recreational or vacation purposes. Accessory
uses such as washrooms and laundry facilities are permitted.
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.
3 -6
Section 3 Definitions
Caterer
An establishment in which meals are prepared and delivered for
consumption off the premises at a social event. The term caterer does not
include a take -out restaurant.
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. The term cellar shall not include a basement.
Cemetery
Lands, buildings and structures subject to the Cemeteries Act used for the
internment of deceased persons. Accessory uses may include a
mortuary, and a mausoleum, but shall not include a crematorium.
Children's Home Care
See Section 5.6.1 b) for definition.
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.
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.
Communication Tower
A building or structure that transmits and /or receives telephone, telex,
radio and /or television signals. The term communication tower shall not
include buildings or structures used exclusively for dispatch
communication.
Concrete Batching Plant
A plant where dry materials are weighed, batched and distributed to trucks
as part of a process to produce concrete. The dry materials may be mixed
with the water in the truck or mixed with water in a stationary mixer prior to
being distributed to the truck. A concrete batching plant may include
concrete recycling.
Coniferous Planting Strip
A landscape feature comprised of coniferous tree species planted in such
a manner as to visually screen the view of one property from the adjacent
property.
3 -7
Section 3 Definitions
Conservation
The management of natural resources in order to protect, maintain and
enhance natural features, functions and ecosystems, including
reforestation, erosion control, habitat improvement, and the rehabilitation
of degraded land to produce a state or condition more closely reflecting
natural forms, processes and attributes.
Conservation Authority
A conservation authority having jurisdiction in the Municipality of
Clarington. The term conservation authority shall include the Central Lake
Ontario Conservation, the Ganaraska Region Conservation Authority, the
Kawartha Region Conservation Authority, and the Otonabee Region
Conservation Authority.
Contractor's Yard
An enclosed area where a contractor stores equipment, vehicles and
materials used in the conduct of this business.
Convention Centre
An establishment designed to accommodate large gatherings of people for
events such as conferences, meetings, rallies, and trade shows. The term
convention centre includes restaurants and hotels.
Corrections 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.
Crematorium
A building or structure erected for the purpose of cremating human bodies
under the Cemeteries Act, as amended. A crematorium may include such
accessory uses as a chapel and a columbarium, but shall not include a
cemetery.
Crisis Care Facility
See Section 5.3.1 a) for definition.
Day 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 day care centre shall not
include a public school, a private school, or a school for trainable mentally
challenged children operating under appropriate legislation.
W
Section 3 Definitions
Deck
A structure that is located a minimum of 0.2 metres above finished grade,
that does not have a roof, and that is attached to or abutting one or more
walls of a building or is constructed separate from the building.
Drive - Through
The use of land, buildings or structures, or part thereof, to provide or
dispense products or services, either wholly or in part, through an
attendant or a window or an automated machine, to customers remaining
in motor vehicles located in a stacking lane. A drive - through facility may
be in combination with other uses such as a bank, dry cleaning
establishment, dry cleaning distribution center, motor vehicle fuel bar,
restaurant, or a store. Despite the above, a drive - through facility does not
include a motor vehicle wash.
Drive - Through Queue Aisle
See Section 6.4.1 a) for definition.
Driveway
Shall mean that portion of a lot designed to provide motor vehicle access
from the lot to the traveled portion of the street, private road 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 and for the pressing
of any such clothing or articles.
Dry Cleaning Establishment
An establishment used for dry- cleaning, dry dyeing, cleaning, stain
removal, or processing of clothing and /or fabric articles for a fee, only
through the use of non - combustible and non - flammable solvents which
emit no odours or fumes. The term dry cleaners establishment shall
include a dry cleaning distribution centre.
Dwelling
Two or more habitable rooms designed or intended for use by one
household, in which washroom facilities and one kitchen are provided for
the exclusive use of the household. The term dwelling does not include a
tent, a trailer, or a room or a group of rooms in a boarding or rooming
house, a retirement home, a hotel, or a motel.
• Apartment Dwelling
A dwelling located either within an apartment building or a building that
contains other uses permitted by this By -law.
3 -9
Section 3
Definitions
• Bachelor 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.
• Block Townhouse Dwelling
A townhouse dwelling located in a block townhouse building.
• In -House Apartment Dwelling
An apartment dwelling located within a permitted single detached dwelling
or semi - detached dwelling created through converting part of or adding
onto the principal dwelling.
• Semi - Detached Dwelling
One of the two dwellings located in a semi - detached building, but not
including an in -house apartment dwelling.
• Single Detached Dwelling
A completely detached building containing one dwelling.
• 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.
• Townhouse Dwelling
A dwelling located within a townhouse building.
Established Building Line
See Section 4.12.1 a) definition.
Establishment
A building, structure and /or area of land within or on which an activity
referred to in this By -law is conducted.
Existing
a) A use, building or structure that was legally in existence on
November 15, 2001, for all of the lands above the 245 metre
contour.
Exotic Animal
Birds of prey, canines and felines excluding the domestic cat and dog,
non -human primates, bears, elephants, crocodiles, venomous reptiles,
boas and similar snakes, and any other animal that is not customarily
raised or kept as part of a farm.
Facade
The exterior wall of a building facing a street or private road.
3 -10
Section 3
Definitions
• Principal Facade
In the case of a building located on an exterior lot or a through lot, the
facade within which the principal entrance to the building is located.
Farm
Land, buildings and structures used for the general practice of agriculture
such as the growing of plants, and the raising and keeping of animals for
food production or other purposes. The term farm may include a farm
produce stand and a "pick- your -own" farm as accessory uses and such
other activities as are customarily carried out in the practice of agriculture,
but shall not include an abattoir, a kennel, a garden and nursery center,
riding stable, riding arena, greenhouse, sod farm or the keeping of exotic
animals.
• Fur Farm
An establishment where mink, chinchillas, rabbits and similar soft - haired
animals are raised for the purposes of harvesting their fur or hair.
• Sod Farm
Land where grass is grown on a commercial basis, and removed and
transported, together with its supporting topsoil, for use in landscaping.
Farm Equipment and Supply Store
A store that provides farm equipment and farm supplies, and that may
include facilities for the repair and maintenance of farm equipment as an
accessory use.
Farm Occupation
An accessory use conducted on a farm, directly related to the farm
operation, clearly secondary to the agricultural use of the farm, does not
change the character or use of the farm for agricultural purposes, does not
significantly alter the appearance of the farm operation and does not
create or become a public nuisance particularly in respect to noise, traffic
or parking.
• Farm Produce Outlet
A building that is accessory to a farm and located on the same lot, in
which fresh fruits, grains, grasses and vegetables grown on the farm unit
are offered for sale, but 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 or dairy products. The limited sale of preserving
supplies, home crafts, flowers and bedding plants grown locally may also
be included. A farm produce outlet shall have a maximum floor area and
outdoor product display area of 95 m2. The sale of meat and meat
products, breakfast cereal, tobacco products, coffee, refreshments and
food for consumption on the premises, housewares, paper products,
magazines, soap, pharmaceutical products is not permitted. The sale of
3 -11
Section 3 Definitions
lottery tickets and similar products not typically produced within the
agricultural community is also not permitted.
Farm Produce Stand
A building or structure accessory to a farm in which fresh fruits, grains,
grasses and vegetables grown on the farm unit are offered for sale. The
limited sale of value -added farm products made from the produce grown
on the farm, such as jam, pies and honey, is also permitted. A farm
produce stand shall have a maximum floor area and outdoor product
display area of 25 m2.
Farm Produce Warehouse
A warehouse used for the storage and wholesale distribution of farm
produce, and may include a store for the sale of such farm produce as an
accessory use.
• Farm Winery
Buildings and structures accessory to a farm within which wine is
produced from locally grown fruit. A farm winery may also include facilities
for the storage and bottling of the wine.
Farmers Market
An accessory use conducted on a farm which is clearly secondary to the
agricultural use of the farm, does not change the character or use of the
farm for agricultural purposes, does not significantly alter the appearance
of the farm operation and does not create or become a public nuisance
particularly in respect to noise, traffic or parking.
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 bank.
Finished Grade
The lowest elevation of the finished surface of the ground abutting the
exterior walls of a building or structure.
Fitness Centre
An establishment that provides facilities for recreational or athletic
activities, including but not limited to body - building and exercise classes.
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.
3 -12
Section 3 Definitions
Floor Area
The total horizontal area of a floor or floors.
• 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 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 building 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.
• 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.
Floor Space Index (F.S.I.)
The ratio of the total floor area occupied by a use to that area of a lot
zoned to permit that use.
• Commercial F.S.I.
The F.S.I. using gross commercial floor area.
3 -13
Section 3 Definitions
• Residential F.S.I.
The F.S.I. using gross residential floor area.
Foundry
A building in which the principal use is the casting of metals.
Forestry
The management, development and cultivation of timber resources in
accordance with good forestry practice.
Funeral Home
An establishment used for human funeral services, and may include space
and facilities for embalming and performing other services used in the
preparation of deceased persons 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.
Fur Garment Manufacturing
An establishment used for the designing, assembling, making, preparing,
inspecting, finishing, treating, altering and repairing of fur garments. It
may also include warehousing, displaying and selling of fur garments, but
does not include the tanning of furs.
Gaming Establishment
An establishment operated on a commercial or for - profit basis and which
offers 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
An accessory building or park of a principal building designed, used or
intended to be used primarily for the storage of one or more motor
vehicles.
Garage Sale
See Section 5.4.1 a) for definition.
Garden and Nursery Centre
An establishment where gardening materials and vegetation such as
flowers, plants, shrubs, and trees are sold to the public. The term garden
and nursery centre may include as an accessory use the sale or rental of
such goods, products, and equipment normally required for gardening.
• Seasonal Garden and Nursery Centre
A garden and nursery centre that exists only during the growing season, to
a maximum of seven consecutive months within a calendar year.
3 -14
Section 3 Definitions
Garden Suite
A one unit residential structure containing washroom and kitchen facilities
that is designed to be portable and that is accessory to a single detached
dwelling constructed on the same lot.
Golf Course
An area of land operated for the purpose of playing golf, and may include
accessory uses such as a golf driving range, a mini -putt, a club house, a
restaurant, and a bar.
Golf Driving Range
An area of land where the sport of golf is practised from individual tees,
and may include accessory buildings and structures 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.
Ground Floor
The lowest storey of a building closest to finished grade.
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.
Guardhouse
A building, either stand -alone or incorporated into the principal building,
accessory to a permitted industrial use, used for property security or
limited office space, but does not include a dwelling unit and shall be less
than 13 m2.
Habitable Room
A room within a building that is designed and used for year -round human
occupation, including finished basements, cellars and attics.
3 -15
Section 3 Definitions
Heavy Equipment
Large machinery and equipment such as cranes, backhoes and rental
bleacher seating.
• Heavy Equipment Sales
An establishment where heavy equipment is kept for sale or rent.
• Heavy Equipment Service
An establishment where heavy equipment is serviced or repaired.
Home Appliance Service
An establishment for the servicing of household or domestic articles such
as home electronics, vacuum cleaners, appliances, camera equipment,
clocks and watches, bicycles, or other similar goods and appliances, but
shall not include industrial or manufacturing processes as a method of
servicing these items.
Home Craft
Small items composed of fabric, wood, or earthen materials that are made
by hand or with the use of small tools, such as pottery, clothing, birdhouses
and mailboxes.
Home Industry
See Section 5.5.1 a) for definition.
Home Occupation
See Section 5.6.1 c) for definition.
Hospital
An establishment approved under the Public Hospitals Act where persons
suffering from injury, disease, or sickness receive medical treatment, and
may be kept overnight or longer in order to receive appropriate medical
treatment and care.
Hotel
An establishment that caters to the traveling public 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
accessory uses such as a restaurant, bar, and conference and
recreational facilities.
Hydrologically Sensitive Feature
Shall mean land that includes permanent and intermittent streams;
wetlands; or seepage areas and springs.
Impervious Surface
Means a surface that does not permit the infiltration of water, such as a
rooftop, sidewalk, paved roadway, driveway or parking lot.
3 -16
Section 3
Definitions '
Industrial Use
The assembly or processing of substances, goods or raw materials related
to the manufacture or fabrication of finished goods, warehousing or bulk
storage of goods, and may include accessory uses such as storage and
facilities for receiving and shipping materials and goods.
• Heavy Industrial Use
An industrial use which includes the outdoor storage of raw materials,
waste materials and /or finished products resulting from or produced by the
industrial use on the lot, and /or an industrial use which, by reason of the
materials used or the waste generated, or the amount of noise, smoke,
dust, odour, and /or vibration it generates or is capable of generating,
requires a certificate of approval under the Environmental Protection Act.
The term heavy industrial use does not include a warehouse, a waste
disposal site, a stockyard, an abattoir, a smelter or any use which uses a
blast furnace or coke ovens, a pulp and paper mill, creosote treatment or
manufacture, or the distillation of coal, tar, wood or bones.
• Light Industrial Use
An industrial use in which all assembly, processing, manufacturing, and
fabrication operations and the storage of raw material and /or finished
products are conducted within a fully enclosed building. The term light
industrial use does not include a warehouse or an activity or use which
requires a certificate of approval under the Environmental Protection Act.
Intensive Livestock Operation
Land, buildings or structures in which cattle, horses, sheep, poultry, goats
or swine are confined on a continuous basis in close quarters and are fed
in a manner other than grazing.
Kgnnel
An establishment where four or more dogs, cats or other domestic animals
of at least four months of age are boarded or trained for a fee, or kept for
the purposes of breeding.
Kiosk
A building or structure with a maximum floor area of 10 m2 that is
accessory to a permitted building, structure, or use and is located on the
same lot.
Landscaped Area
See Section 4.7.1 a) for definition.
Lane
A road owned by the Municipality 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.
3 -17
Section 3
Legal Non - Conforming Building, Structure or Use
See Section 4.9.1 a) for definition.
Definitions
Light Equipment
Hand tools, small power tools, portable equipment, and machinery
containing a small engine, such as air compressors, augers, automotive
tools, cleaning equipment, light compaction equipment, concrete and
masonry equipment, floor and carpet tools, gasoline generators, chain
saws, jacks and hydraulic equipment, lawn and garden tools, ladders,
moving equipment, painting and decorating equipment, pumps,
scaffolding, welding equipment, sporting equipment, party supplies, and
other similar tools and accessories.
• Light Equipment Service
An establishment where light equipment is serviced or repaired.
Loading Space
See Section 6.5.1 a) for definition
Lot
A parcel of land within a registered plan of subdivision, any land that may
be legally conveyed under the exemption provided in Section 50 (3) (b) or
Section 50 (5) (a) of the Planning Act, or a remnant of a lot that remains in
private ownership after part of the lot has been expropriated.
• Exterior Lot (See Figure 3 -1)
A lot situated at the intersection of and abutting upon two streets, a street,
and a private road, two private roads or the same street or private road,
provided that 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.
3 -18
Section 3
STREET / PRIVATE ROAD
STREET LINE
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BUILDING
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Definitions
• Interior Lot
A lot other than an exterior lot or a through lot.
• 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, 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 in- ground, on- ground or above - ground swimming pool shall not
be considered as a structure for the purposes of calculating lot coverage.
• Lot Depth
The horizontal distance between the front and rear lot lines of a lot. If the
front and rear lot lines are not parallel, lot depth shall be the length of a
straight line joining the mid -point of the front lot line with the mid -point of
the rear lot line. When there is no rear lot line, lot depth shall be the
length of a straight line joining the mid -point of the front lot line with the
apex of the triangle formed by the side lot lines.
3 -19
Section 3
Definitions
Lot Frontage (See Figure 3 - 2)
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 are not parallel, the lot frontage is measured
along a line parallel to the chord of the lot frontage and set at a distance
from the front lot line equal to the front vard setback. 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.
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REQUIRED FRONT YARD SETBACK
Through Lot
A lot bounded on two opposite lot lines by streets and /or private roads. 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 vard 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.
Lot Line
Any boundary of a lot or the vertical projection thereof.
• Exterior Side Lot Line
A side lot line abutting a street or private road on an exterior lot.
3 -20
Section 3
Definitions
• Front Lot Line
In the case of an interior lot, a lot line dividing the lot from the street or
private road shall be deemed to be a front lot line. In the case of an
exterior lot, the shorter lot line abutting a street or private road shall be
deemed to be a front lot line, and the longer lot line abutting a street or
private road 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.
• Interior Side Lot Line
A side lot line that is not an exterior side lot line.
• Rear Lot Line
A lot line (or point of intersection of the side lot lines) furthest from and
opposite to the front lot line.
• Side Lot Line
A lot line other than a front lot line or a rear lot line.
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.
Marine Sales and Service
An establishment where boats, other watercraft and marine accessories
are displayed for sale or rent, and /or where marine equipment is serviced.
Marine Storage
An area of land within which recreational boats, yachts and accessory
equipment are stored, maintained or repaired for a fee.
Medical Clinic
An office building occupied by medical offices which may include such
uses as reception areas, office for consultation, examiniation, ex -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.
3 -21
Section 3 Definitions
Mineral Aggregate
Gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone,
marble, granite, and rock or other material prescribed under the Aggregate
Resources Act as being suitable for construction, industrial, manufacturing
and maintenance purposes.
• Mineral Aggregate Crusher
Equipment used to crush extracted mineral aggregate.
Mineral Aggregate Processing
The screening, blending, and /or washing of extracted mineral aggregate
by mechanical means, and shall include the stockpiling of the mineral
aggregate.
• Mineral Aggregate Recycling
The crushing of used asphalt and concrete and the blending of it with sand
and gravel or crushed stone, and shall include the temporary stockpiling of
materials used in an active recycling operation on the same site.
Minimum Vegetation Protection Area
Shall mean land that includes wetlands; significant portions of the habitat
of endangered, rare and threatened species; fish habitat; areas of natural
and scientific interest (life science); significant valleylands; significant
woodlands; significant wildlife habitat; sand barrens, savannahs and
tallgrass prairies.
Mobile Home
A dwelling designed to be mobile, and is constructed or manufactured to
provide a permanent residence for one or more persons, but does not
include a trailer as defined by this By -law.
• Mobile Home Park
A parcel of land in single ownership where individual sites are made
available on a rental basis for the placement of mobile homes for year
round use, and each mobile home is connected to water service and
sanitary sewer service. A mobile home park may include accessory
buildings that contain recreational and social facilities for the use of the
park's residents and for maintenance purposes of the mobile home park.
The responsibility for maintenance of private internal roads, common
areas and common buildings rests with the owner of the land.
Model Home
See Section 5.8.1 a) for definition.
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
3 -22
Section 3
Definitions
outside. A motel may include accessory uses such as a restaurant, bar
and recreational facilities. '
Motor Vehicle
An automobile, truck, motorcycle, motor assisted bicycle and any other
vehicle propelled or driven by other than muscular power, but shall not
include motor vehicles running only upon rails, a motorized snow vehicle,
traction engine, farm tractor, or a road building machine.
• Commercial Motor Vehicle
A motor vehicle used for commercial purposes with or without a
permanently attached delivery body, and includes vehicles such as a
refreshment vehicle, buses, cube vans, tow trucks, tilt and load dump
trucks, and tractor - trailers.
• Commercial Motor Vehicle Sales
An establishment where new or used commercial motor vehicles are
displayed for sale or rent. Permitted accessory uses include a motor
vehicle body shop to be used only for commercial motor vehicles.
• 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 accessory uses.
• Motor Vehicle Fuel Bar
An establishment for dispensing fuel to motor vehicles that consists of fuel
pumps, and 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 Rentals
An establishment where passenger motor vehicles and light duty
commercial motor vehicles are kept for rent.
• 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. Accessory uses may include the limited sale of automotive
products such as antifreeze, sparkplugs, and batteries.
• Motor Vehicle Sales
An establishment where new or used motor vehicles are displayed for sale
or lease. Accessory uses may include a motor vehicle body shop and a
motor vehicle repair garage.
• Motor Vehicle Sales Campus
A group of three or more motor vehicle sales establishments located either
on one lot or on abutting lots.
3 -23
Section 3 Definitions
• Motor Vehicle Towing Establishment
An enclosed area where motor vehicles impounded for a breach of the law
may be taken or towed and stored temporarily until reclaimed.
• 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.
• Recreational Motor Vehicle
A motor vehicle constructed as a self - propelled and self- contained unit
that is capable of being utilized for the sleeping, eating and living
accommodation of one or more persons on a temporary basis.
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 accessory uses such as gift shops, libraries, snack bars, reading
rooms, laboratories and administrative offices.
Natural Heritage Feature
Shall mean land that includes wetlands; significant portions of the habitat
of endangered, rare and threatened species; fish habitat; areas of natural
and scientific interest (life science); significant valleylands; significant
woodlands; significant wildlife habitat; sand barrens, savannahs and
tallgrass prairies.
Naturalized Areas
See Section 4.7.1 b) for definition.
Nursing Home
An establishment maintained and operated for persons requiring nursing
care, as defined under the Nursing Homes Act.
Outdoor Storage Area
An area of land not located within a building that is used for the storage of
goods, equipment or materials normally accessory to a permitted use
located on the same lot.
3 -24
Section 3 Definitions
Outdoor Storage Facility
An establishment for the storage, either in the open air or in unenclosed
buildings that are open to the air on some side, of licensed personal motor
vehicles, recreational vehicles or marine vehicles and their trailers. An
outdoor storage facility shall not include a parking lot, an outdoor retail
display area, a transport depot, a salvage yard, the temporary storage of
waste or other similar uses.
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.
• Active Park
A park that may include a recreation area, playground, swimming pools,
picnic areas, gardens, boating facilities, playing fields, parking areas and
recreational structures and facilities but shall not include a campground or
trailer park.
• Passive Park
A park that 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.
Parking Area
See Section 6.3.1 e) for definition.
• Commercial Parking Area
See Section 6.3.1 b) for definition.
• Enclosed Parking Area
See Section 6.3.1 d) for definition.
Parking Space
Shall mean an area not located on a street, private road, or lane that is
used for the parking of more than one motor vehicle with or without a fee
being charged, but shall not include any area where motor vehicles are
kept or stored for sale or repair.
Personal Service
An establishment such as a hairdresser, a tailor shop, a shoe repair shop,
a dry cleaners distribution centre, or a laundromat, in which services are
provided for a fee to satisfy the needs of persons, but shall not include a
gaming establishment or an adult entertainment parlour.
Pet Cemetery
Lands, buildings and structures used for the internment of domestic
animals.
3 -25
Section 3 Definitions
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.
Pit
An area of land where unconsolidated mineral aggregate such as gravel,
stone, sand, and earth is extracted pursuant to a license or a permit
issued under the Aggregate Resources Act. A pit may include as an
accessory use a mineral aggregate crusher, mineral aggregate
processing, and /or mineral aggregate recycling.
• 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.
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
accessory uses such as a day care centre, school of religious education,
convent, monastery, rectory or assembly hall, and an existing cemetery.
Portable Asphalt Plant
A facility with equipment designed to heat and dry mineral aggregate and
to mix mineral 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 at the completion of the construction
project.
Porch
A structure connected to a main wall of a building and that has a roof
supported in part either by pillars or by walls, provided that at least one
side is open.
Postal Outlet
See Section 5.1.1. b) for definition.
Principal Building or Structure
The building or structure within which a principal use occurs.
3 -26
Section 3 Definitions
Principal Use
The primary purpose for which a lot, building, structure or any combination
thereof, is used, designed, arranged, occupied or maintained.
Printers /Publishers
An establishment in which the business of producing books, newspapers,
magazines, periodicals, and advertising materials for sale or distribution
are printed for a fee.
Private Airstrip
Land used for the landing and taking -off of aircraft. The term private
airstrip shall not include a hanger.
Private Club
An establishment within which the 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 Recreational Area
Land owned and maintained by a private organization that may include
recreational facilities such as swimming pools, picnic areas and athletic
fields.
Private Road
A road, the fee simple of which is owned by a single person, that is subject
to one or more easements registered against title in favour of one or more
abutting lots to which the easements are appurtenant. Such easements
entitle the owners of the lots to use the private road for the purposes of
access to and from the lots. The term private road includes a private road
shown on a registered condominium plan, but does not include a right -of-
way, a street or a lane.
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 — domestic animals, veterinary
clinic — farm animals, medical office, legal office, real estate office,
financial office, photocopy centre, private investigator, data processing
and computer services, personnel agency, and similar uses.
Public Authority
Any department or agency of the Municipality of Clarington, the Regional
Municipality of Durham, the (Greater Toronto Transit Authority), a
3 -27
Section 3 Definitions
conservation authority, a public school board, the Government of Ontario,
or the Government of Canada.
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 Storage Facility
An establishment used for the temporary self - service storage of items and
seasonal, recreational or commercial vehicles, boats and trailers in
rental /leasable storage areas or lockers within enclosed buildings, which
are generally accessible by means of individual loading doors. Outdoor
storage areas are only allowed as an accessory use where permitted by
the zone. A public storage facility is only permitted abutting a local street
or collector street.
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, water for drinking, oil or natural gas.
Quarry
An area of land where consolidated mineral 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 an accessory use a mineral
aggregate crusher, mineral aggregate processing, and /or mineral
aggregate recycling.
• 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.
Railway Yard
An establishment used for activities directly associated with the operation
of a railway, including but not limited to the loading and unloading of
freight, and the maintenance, repair and storage of railway cars. The term
railway yard shall not include a train station.
7c
Section 3 Definitions
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.
• Private Recreation Centre
A building and associated lands owned and operated by a private
organization in which facilities are provided for the recreational, L
educational or social purposes of the residents of a site. Accessory uses
may include a private club, a banquet hall, a professional service, a
personal service, a restaurant, a financial office a business or
administrative office, a convenience store, and a specialty store.
Recreational Competition
Any competition involving sport or other recreational activities.
• 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.
Recreational Vehicle
A vehicle that is used predominantly for recreational purposes, including
recreational trailers, snowmobiles, motorized and non - motorized boats,
personal watercraft, all- terrain vehicles and recreational motor vehicles.
• Recreational Vehicle Sales and Service
An establishment where new and /or used recreational vehicles and
related accessories are displayed for sale or rent and where recreational
vehicles are serviced, repaired, and /or stored.
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. The term
recycling facility shall not include any outdoor storage area or a waste
transfer station.
Reforestation Area
An area in which trees with a minimum height of 30 centimetres
representing at least three individual tree species have been planted.
3 -29
Section 3 Definitions
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.
Research and Development Facility
An establishment where research is conducted to refine or develop
products and /or services.
Residential Care Facility
See Section 5.3.1 b) for definition.
Resort
A commercial establishment where facilities are provided for recreational
and related activities. Accessory uses may include restaurants and
facilities for the sale, rental and repair of recreational equipment.
Restaurant
An establishment where prepared food and beverages are offered for sale
to customers for immediate consumption.
• Drive - Through Restaurant
A restaurant with a drive - through.
• Eat In Restaurant
A restaurant in which tables and /or counters are provided for the use of
customers.
• Take -Out Restaurant
A restaurant where tables and /or counters for the use of customers are
not provided.
Retirement Home
A residential building maintained and operated for retired persons in need
of residential care where each private bedroom or living area has separate
washroom facilities and a separate entrance from a common hall, and
common facilities are provided for the preparation and consumption of
food. Common lounges, recreation rooms and short term medical care
facilities may also be provided. The term retirement home includes a
home for the aged as defined by the Homes for the Aged and Rest Homes
Act.
Riding Arena
A building or structure where instruction for the riding, jumping, showing or
racing of horses, ponies and similar equestrian animals is offered and may
include accessory uses such as stables, dressing rooms, snack bars, tack
shop and bleachers. A riding arena may include adjacent lands where
pasturing, outdoor riding or outdoor instructional activities are available.
3 -30
Section 3 Definitions
Riding Stable
An agricultural establishment where horses, ponies and similar equestrian
animals are available for hire to the general public for outdoor riding, or
where outdoor instruction in riding, jumping and showing is offered.
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. The term right -of- '
way shall not include a private road. �-
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 an accessory use. A salvage yard shall not
include a motor vehicle wrecking yard.
Saw Mill
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 an accessory use.
School
An institution for instruction and may include a public, private or separate
school, college, university or commercial school.
• 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.
• Elementary School
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.
A day care centre may be permitted as an accessory use.
• 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.
Shopping Centre
An establishment containing a minimum of three commercial 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.
3 -31
Section 3
Definitions
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 an accessory use a restaurant and /or a snack bar.
Speedway
An establishment where motor vehicle racing, competitions and training
occur on a track. Accessory uses to the speedway may include,
concession stands for the sale of food and souvenirs, grand stands,
buildings for vehicle maintenance and storage, and may include over -night
camping.
Special Event
See Section 5.11.1 a) for definition.
Store
An establishment in which goods, wares, merchandise, substances, or
articles, whether for the personal use of customers or the use of a business,
are kept and offered for sale or rent to customers who visit the store. The
term store may include as an accessory use the storage on the premises of
limited quantities of the merchandise sufficient only to service the store.
Brew - your -own Store
A store where customers can make their own beer, wine, or other
alcoholic beverages for consumption off the premises, and where the
owner or operator may sell related equipment, bottles and ingredients, and
may provide instruction to customers. The term brew - your -own store shall
not include a beer, liquor or wine store.
• Convenience Store
A store that sells a limited range of food, household and convenience
items.
• Department Store
A store containing a minimum of 5,000 m2 of gross leasable floor area
organized into a number of individual departments and primarily engaged
in the sale of a wide variety of commodities such as clothing, footwear,
home furnishings and appliances, housewares, dry goods, sporting goods,
toys, hardware, and motor vehicle supplies and accessories. The term
department store may include accessory uses such as a motor vehicle
repair garage, a restaurant, a pharmacy, and other personal services and
professional services.
• Factory Outlet Store
A store located on a lot on which the principal use is a warehouse or an
industrial use and within which the products manufactured or stored by the
principal use are sold. The maximum floor area of the store shall not
exceed 20% of the floor area of the principal building, to a maximum size
of 300 m2.
3 -32
Section 3 Definitions
• General Merchandise Store
A store primarily engaged in the sale of a limited variety of personal and
household items such as clothing, footwear, small household appliances,
hardware, housewares, dry goods and toys.
• Grocery Store
A store where all types of food and other household items are offered for
sale, primarily on a self service basis.
• Home Improvement Store
A store which offers a wide variety of home improvement products 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. The term home improvement store may include a seasonal
-garden and nursery centre.
• Light Equipment Store
A store where light equipment is kept for sale or rent.
• Specialty Store
A store that sells a limited range of merchandise, such as clothing,
footware, books, music, housewares, electronics, or furniture.
Storey
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.
• 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.
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.
• Arterial Street
A street having a width ranging from 26 metres to 50 metres.
• Arterial, Type C
A street having a width ranging from 26 metres to 30 metres.
• Local Street
A street having a width up to and including 23 metres.
3 -33
Section 3 Definitions
• Collector Street
A street having a width between 23 metres and 26 metres.
Street Line
A limit of a street, private road or lane.
Street Related Building Entrance
A principal entrance to a building located in the part of a facade fronting
onto a street and located within 0.2 metres above or below finished grade.
A street - related building entrance shall be recessed a maximum of 6
metres from the facade.
Structure
A man -made construction that is fixed to the earth or attached to another
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 trailer, a recreational vehicle, pavement,
curbs, walkways or other open air surfaced areas.
Swimming Pool
An artificial body of water contained within an enclosure constructed of
cement, plastic, fibreglass or similar material, having a depth greater than
0.45 metres and intended primarily for swimming and /or diving.
Temporary Sales Office
See Section 5.8.1 b) for definition.
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 accessory uses such as a snack bar.
Trailer
A vehicle designed to be attached 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 attached to a commercial motor vehicle.
3 -34
Section 3 Definitions
• Recreational Trailer
A trailer constructed as a self - contained unit, capable of being utilized for the
temporary living, sleeping, or eating accommodations of one or more
persons.
• Utility Trailer
A trailer designed and used for the transport of materials and that is
capable of being towed by a motor vehicle. The term utility trailer shall not
include a trailer designed to be towed as part of tractor - trailer that is a
commercial motor vehicle.
• Trailer Park
A parcel of land where individual sites are made available on a rental basis
for transient and seasonal occupancy for the placement of recreational
trailers, recreational motor vehicles, or tents, for recreational or vacation
purposes.
Train Station
An establishment where passengers board and disembark from trains,
and may include accessory uses such as a ticket office, restaurant, and
luggage checking facilities. The term train station shall not include a
railway yard.
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 includes facilities for servicing and repairing the
commercial motor vehicles stored at the site as an accessory use.
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 thereof, is designed,
arranged, occupied or maintained. When used as a verb, use and used
shall have corresponding meanings.
Utility Substation
A building or structure used in connection with the transmission and delivery
of electricity or telephone service, but does not include a telecommunications
tower. An outdoor storage area is not permitted in association with this use.
Veterinary Clinic — Domestic Animals
An establishment where a veterinarian administers care for the cure,
prevention, and treatment of disease and injury to domestic animals, not
including farm animals, and that may also contain a shelter for domestic
animals during the treatment period.
3 -35
Section 3 Definitions
Veterinary Clinic — Farm Animals
An establishment where a veterinarian administers care for the cure,
prevention and treatment of disease and injury to farm animals and that
may also contain an animal enclosure for farm animals during the
treatment period. A veterinary clinic — domestic animals may be permitted
as accessory to the veterinary clinic — farm animals.
_ Video Arcade
An establishment containing four or more coin - operated pinball machines,
video game machines, and any other electronic or mechanical machines
used for entertainment purposes. The term video arcade shall not include a
video lottery terminal.
Video Lottery Terminal
An electronic or mechanical machine used for the purposes of gambling or
placing a bet or wager.
Visibility Triangle
See Section 4.11.1 a) for definition.
Warehouse
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 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.
Waste Transfer Station
An establishment where waste or recyclable material is sorted, separated,
and /or prepared for further transportation to a waste disposal site and /or a
recycling facility located on a different lot.
Watercourse
A natural or man -made channel through which water flows on an
intermittent or permanent basis.
Water Park
A commercial establishment in which water -based recreational activities
such as swimming pools and water slides are provided.
Wind Farm
A lot(s) used for the generation of electricity by two or more wind turbines.
3 -36
Section 3
Wind Turbine
See Section 5.15 for definition.
Yard
See Section 4.12.1 b) for definition.
• Exterior Side Yard
See Section 4.12.1 b) i) for definition.
• Front Yard
See Section 4.12.1 b) ii) for definition.
• Interior Side Yard
See Section 4.12.1 b) iii) for definition.
• Rear Yard
See Section 4.12.1 b) iv) for definition.
• Yard Setback
See Section 4.12.1 b) v) for definition.
Definitions
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.
3 -37
Section 4
4.0 GENERAL DEVELOPMENT PROVISIONS
4.1 Accessory Buildings, Structures and Uses
4.2 Attached Garages and Carports
4.3 Dwellings Below Grade
4.4 Frontage on a Street
4.5 Height of a Building or Structure
4.6 Holding (H) Symbols
4.7 Landscaped Areas
4.8 Lots Deficient in Area and /or Frontage
4.9 Non - Conforming Buildings, Structures and Uses
4.10 Servicing Requirements
4.11 Visibility Triangles
4.12 Yards and Yard Setbacks
4.1 Accessory Buildings, Structures and Uses
4.1.1 For the purposes of this By -law:
General Provisions
a) Accessory shall mean a building, structure or use that
is normally incidental, subordinate and exclusively
devoted to the principal building, structure or use
located on the same lot, and that is established or
constructed during or after the establishment or
construction of the principal building, structure or use.
4.1.2 Where this By -law permits a lot to be used for a purpose
permitted in the zone in which the lot is located, a building,
structure and /or use accessory to the principal use of the lot
shall be permitted, provided that:
a) an accessory building or structure shall not be used for
human habitation, except where specifically permitted
in this By -law;
b) except in a Commercial or Industrial Zone, an
accessory building or structure shall not be used for any
activity for gain or profit, except where specifically
permitted in this By -law;
c) a boat house, pump house or boat dock may be
constructed and used in the required yard of a lot which
includes or abuts a navigable waterway, provided such
accessory building or structure complies with all other
requirements of the zone;
d) an outdoor swimming pool, whether above - ground, on-
ground or in- ground, shall be deemed not to be an
accessory structure for the purposes of calculating
either the total lot coverage for all buildings and
4 -1
Section 4
i
General Provisions
structures or the total floor area for all accessory
buildings and structures;
e) landscaping features such as hedges, trees, and
shrubs, and accessory structures such as fences,
freestanding walls, flag poles, and light standards are
permitted in any required yard unless otherwise
specifically prohibited in this By -law; and
f) in a Commercial Zone, a maximum of three coin -
operated entertainment machines such as pinball
machine or a video game, but excluding a video
terminal may be permitted as an accessory use
4.1.3 Table 4 -1 provides regulations for accessory structures.
Where a zone category is not identified in Table 4 -1, the
accessory building /structure and use shall comply with the
parent zone regulations.
4 -2
Section 4 General Development Regulations
4.1.3
Legend
Yard Setbacks
# Not applicable
Total Lot
Total
Height
Exterior
ZR Zone
coverage
accessory
(max)
regulation
(max)
Floor Area
Front
Rear
Interior Side
#� Notation
(max)
Side
3.7 m
ZR
1.2 m(l)
1.2 m(2)
ZR
Detached garage
Antenna
ZR
0.6 m measured from edge
ZR
#
of antenna
Communications
3.7 m
ZR
0.6 m measured from edge
ZR
receiver
5% of lot area
g0 m2
of communications receiver
Play equipment;
Diving board;
3 m
ZR
1.2 m
1.2 m
1.2 m
Pool slide
Climate control
#
ZR
1 Rless
1.2 m
ZR less 1 m
device
l
Other uses
3.7 m
ZR
1.2 m
1.2 m
013-M IMF MFn
50% of ground
All uses
floor area of
60 m2
5 m
ZR
1.2 m
1.2 m ZR
principal
building
w g MW
= -: MM
-.
_
All uses 10% of lot area 60 m2 5 m ZR
1.2 m
1.2 m ZR
C� �e aCIIC!
Accessory to 5% of lot area g0 m2 5 m ZR
1.2 m(3)
1.2 m(3)
ZR
dwelling
Notations for Table 4 -1
(j) Rear yard setback where the rear yard abuts a lane - 2 m
(2) Interior side yard setback where there is a common wall with a detached garage on an abutting lot - 0 m
(3) Yard setback for parking commercial motor vehicle and recreational vehicle — 5 m; where abutting a Rural
Settlement Zone or a lot with a dwelling located within 15 m of the common lot line - 10 m
4.2 Attached Garages and Carports
4.2.1 A garage or carport attached to a single detached dwelling,
semi - detached dwelling, or townhouse dwelling may have a
floor area not greater than 25% of the dwelling to which it is
accessory or 25% of the prescribed minimum floor area for a
4 -2
Section 4 General Development Regulations
residential dwelling within the applicable zone, which ever is
greater.
4.2.2 An attached garage or carport shall be permitted to project
closer to the street line than the facade of the dwelling to
which it is attached, as measured between finished grade and
a height of three metres, in accordance with Section 4.5.
4.2.3 The projection for the attached garage or carport may be
measured from a porch with a depth of two metres and a
minimum area of 4 m2.
4.2.4 An attached garage may not exceed 55% of the width of the
facade of the dwelling unit to which it is attached.
4.2.5
TABLE 4 -- 2
REGULATIONS v ATTACHED GARAGES AND CARPORTS
Projection Permitted
4.3 Dwellings Below Grade
4.3.1 A dwelling designed to have all or part of its floor area located
partially below finished grade shall be permitted provided that:
a) the window area of the dwelling above finished grade is
equal to 10% of the total floor area of the dwelling, and
b) each of the living room, the dining room, the kitchen, and
the bedrooms has a window area above finished grade
equal to 10% of the floor area of the room.
4.4 Frontage on a Street
4.4.1 No lot shall be used and no building or structure shall be
constructed or used on any lot unless such lot has frontage on
and access to a street.
4.4.2 The provisions of Section 4.4.1 shall not apply to an existing
lot that does not have frontage on a street, but that has access
to an existing private road or an existing perpetual right -of-
way.
4.4.3 Where an existing building or structure is located on a lot that
does not have frontage on a street or on a lot that does not
have access to a perpetual right -of -way, the provisions of
Section 4.4.1 shall not apply to prevent the enlargement,
4 -3
Section 4 General Development Regulations
extension or renovation of such building or structure or the
construction and use of accessory buildings or structures on
such lot.
4.5 Height of a Building or Structure
4.5.1 As illustrated in Figure 4 -1, 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:
a) in the case of a flat roof, the highest point of the roof
surface;
b) in the case of a gable or hip roof, the average height
between the eaves and the ridge of the roof;
c) in the case of a mansard or gambrel roof, the roof deck
line.
d) in the case of a saltbox roof, the average height between
the eaves and the peak of the longer roofline.
4.5.2 When determining the height of a building or structure, the
following shall be excluded:
a) church spires, minarets, belfries, ornamental domes,
chimneys, cupolas, clock towers, towers, flag poles,
antennas;
b) bulkheads, mechanical equipment, water tanks, solar
collectors, skylights, vents and structures enclosing
equipment or stairs, provided that such equipment or
structures are less than 4.5 metres in height and do not
occupy more than 30% of the area of the roof upon which
they are located.
..
Section 4
�F
FRONT i W SIDE
RIDGE
General Development Reaulations
RIDGE
RIDGE
1/2
---- ,--- - - - - -- EAVE
1/2 i
- -- '� EAVE
FRONT L" [ SIDE
GRADE!
FLAT ROOF
HIP ROOF
OR
GABLE ROOF
MANSARD ROOF
OR
GAMBREL ROOF
SALT BOX ROOF
4.5.3 Except as specifically permitted by this By -law, the height
restrictions provided by this By -law shall not apply to free-
standing water tanks, flag poles, antennas, electricity
transmission towers, communication towers, grain elevators,
barns and silos.
4.5.4 A communications receiver with an area not greater than 0.5
m2 and mounted on the roof of a building or structure may
project one metre above the highest point of the roofline of the
building or structure.
4 -5
Section 4
General Development Regulations
4.6 Holding (H) Symbols
4.6.1 Except in a case referred to in Section 4.6.2 of this By -law, where a
zone symbol shown in a Schedule to this By -law is preceded by the
symbol (H), until such time as the (H) symbol is removed from the
land by amendment to this By -law, no land shall be used and no
building or structure shall be constructed, enlarged, extended or
used for any purpose other than for the purpose of continuing the
existing use thereof, or for the purpose of conservation.
4.6.2 Where on a Schedule to this By -law a hatched area overlays a
zone, the hatched area denotes that the zone symbol is deemed to
be preceded by the Environmental Holding (H) symbol. The
hatched area identifies an Environmental Holding (H) symbol
depicting a 90 metre area of influence from a natural heritage
feature and /or hydrologically sensitive feature and its associated
minimum vegetative protection area. Until such time as the
Environmental Holding (H) symbol is removed from the land by
amendment to this By -law, the use of land, and the construction or
use of buildings, or structures is prohibited except for the purpose of
continuing existing uses, conservation, or the construction and use
of a one time addition to an aforesaid building or structure for the
same purpose for which it was used on November 15, 2001,
provided that:
i) in the case of an accessory building the expansion does
not exceed 50% of the gross floor area of the principal
building or structure located on the same lot up to a
maximum aggregate new gross floor area located on the
lot of 50 m2;
ii) in the case of an accessory structure located on the same
lot as a principal building shall not exceed a maximum
aggregate gross floor area of 20 m2;
iii) a minimum 5 metre vard setback from the nearest
boundary to the lot of an adjacent EP Zone is maintained;
iv) the removal of any natural heritage feature located on the
lot does not exceed 15% of the area of the lot; and the
applicable regulations contained in this By -law are
complied with.
4 -6
Section 4 General Development Regulations
4.7 Landscaped Areas
4.7.1 For the purposes of this By -law:
a) Landscaped Area shall mean 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, 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 area, or any
space below, within or on top of a building or structure, or
any lands zoned "EP - Environmental Protection ".
b) Naturalized Areas shall mean an area designed to
enhance, improve and restore the self- sustaining
vegetation, providing opportunities for connectivity enabling
the movement of vegetation and wildlife.
4.7.2 Landscaped areas shall be provided in accordance with
Table 4 - 3:
4.7.3
Legend Rural Commercial Industrial Institutional
-;e: Not Settlement Zones Zones Zones
applicable Zones
Front ygrd 30% 0 - 3 m setback — area between street line and
Exterior side building shall be landscaped(,)
yard 70% 3.1 - 15 m setback — 3 m wide; greater than 15 m
setback — 4.5 m wide
Interior side
and where abutting a Rural Settlement Zone —1.5 m
Rear yard
Notations for Table 4 - 3
a 3 m wide landscaped area shall be provided where a parking area at finished grade abuts a
street line
4.7.4 In all zones except Rural Settlement Zones, where a
landscaped area is required by this By -law, nothing in this By-
law shall apply to prevent such landscaped area from being
traversed by a permitted driveway or right -of -way.
4.8 Lots Deficient in Area and /or Frontage
4.8.1 Land may be used, and a building or structure may be
constructed, altered or used on a lot having a lesser lot area
4 -7
Section 4
General Development Reaulations
and /or lot frontage than required by this By -law, provided that
the lot is legally conveyable on the day prior to the passing of
this By -law, or is created as a result of expropriation. The
building, structure or use must conform to all other applicable
provisions and regulations of this By -law.
4.8.2 The provisions of Section 4.8.1 shall not apply to permit the
establishment of a non - residential use on any lot less than two
hectares in area located in the A, NC, or NL Zones.
4.9 Non - Conforming Buildings, Structures and Uses
4.9.1 For the purposes of this By -law:
a) Legal Non - Conforming Building, Structure or Use shall
mean any land, building, or structure used for any purpose
prohibited by this By -law provided such land, building or
structure was lawfully used for such purpose on November
15, 2001, as long as it continues to be used for that
purpose;
4.9.2 Nothing in this By -law shall prevent the strengthening or
restoration to a safe condition of any legal non - conforming
building or structure or part thereof, provided that the
strengthening or restoration does not increase the height, floor
area or volume of the building or structure.
4.9.3 Where a lot has been created in the A, NC, or NL Zones in
accordance with the provisions of the Clarington Official Plan,
that portion of the original lot which is deficient in lot area from
which the severed lot has been created shall be deemed to be
an existing non - complying lot and shall be deemed to comply
with the minimum setback requirements of Section 4.12.6 and
4.12.7 of this By -law.
4.10 Servicing Requirements
4.10.1 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:
a) the lot is serviced by a private potable water supply system
and a private sanitary waste disposal system installed in
accordance with the requirements of the appropriate public
authority.
4.10.2 Subsection 4.10.1 does not prevent the construction or use of
a building or structure accessory to any use permitted in the
zone.
Section 4 General Development Regulations
4.10.3 Subsection 4.10.1 does not prevent the construction or use of
a farm building or structure.
4.11 Visibility Triangles
4.11.1 For the purposes of this By -law:
a) Visibility Triangle shall mean a triangular- shaped area of
land abutting a lane, street or private road that is required
to be kept free of obstructions that could impede the vision
of a pedestrian or the driver of a motor vehicle exiting onto
or driving on the lane, street or private road.
4.11.2 As illustrated in Figure 4 -2, a visibility triangle shall be
determined as follows:
a) the visibility triangle adjacent to an exterior side lot line
shall be the area enclosed by each of the street lines
measured to a point five metres back from the intersection
of the street lines, and a diagonal line drawn between
these two points;
b) the visibility triangle for a driveway, lane, or right -of -way
4.11.4 No parking space or driveway shall be permitted within a
visibility triangle formed at the intersection of any combination
of streets, private roads, rights -of -way, or lanes.
4 -9
shall be the area enclosed by the line along the limits of the
driveway and the street line measured to a point three
metres 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.
4.11.3 Within
a visibility triangle:
a)
I
no building or structure shall be constructed, no motor
vehicle, trailer or recreational vehicle shall be parked or
stored;
b)
no fence shall be constructed with a height greater than
0.75 metres; and
c)
no landscaping feature, including shrubs or trees, are
permitted that would impede vision between 0.75 metres
and 2.5 metres of height.
4.11.4 No parking space or driveway shall be permitted within a
visibility triangle formed at the intersection of any combination
of streets, private roads, rights -of -way, or lanes.
4 -9
Section 4 General Development Reaulations
4.12 Yards and Yard Setbacks
4.12.1 For the purposes of this By -law:
a) Established Building Line (see Figure 4 - 3) shall mean
the average yard setback from the street line of the existing
principal buildings on one side of a street or private road
with a minimum of three lots where at least 50% of the lots
on that side of the street or private road have been built
upon;
b) Yard (see Figure 4 - 4) shall mean an open space located
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;
4 -10
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4.12 Yards and Yard Setbacks
4.12.1 For the purposes of this By -law:
a) Established Building Line (see Figure 4 - 3) shall mean
the average yard setback from the street line of the existing
principal buildings on one side of a street or private road
with a minimum of three lots where at least 50% of the lots
on that side of the street or private road have been built
upon;
b) Yard (see Figure 4 - 4) shall mean an open space located
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;
4 -10
Section 4 General Development Regulations
i) Exterior Side Yard shall mean a yard extending from
an exterior side lot line to the wall of the building,
structure or outdoor storage area extending from the
front yard to the rear yard;
ii) Front Yard shall mean a yard extending across the full
width of the lot between the front lot line and the wall of
the building or structure permitted on the lot;
iii) Interior Side Yard shall mean a yard extending from
an interior side lot line to the wall of the building,
structure or outdoor storage area extending from the
front yard to the rear vard;
iv) 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 storage area
permitted on the lot;
v) Yard Setback (see Figure 4 - 5) shall mean 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.
4.12.2 As illustrated in Figure 4 -3, where there is an established
building line extending on one or both sides of a lot in a Rural
Settlement or Commercial Zone, the minimum front ,yard
setback required for a principal building on the lot may be
reduced to the established building line as measured within 60
metres of the lot.
4 -11
Section 4 General Development Regulations
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4 -12
Section 4 General Development Regulations
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4.12.3 All residential buildings shall have a minimum 30 metre yard
setback from any railway property line.
4.12.4 a) Except as specifically provided for in this By -law, all
buildings and structures shall be setback 30 metres from
any watercourse not located within an 'Environmental
Protection - EP' Zone.
4.12.5 Projections into required yard setbacks are permitted in
accordance with the provisions of Table 4 -4.
4 -13
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4.12.3 All residential buildings shall have a minimum 30 metre yard
setback from any railway property line.
4.12.4 a) Except as specifically provided for in this By -law, all
buildings and structures shall be setback 30 metres from
any watercourse not located within an 'Environmental
Protection - EP' Zone.
4.12.5 Projections into required yard setbacks are permitted in
accordance with the provisions of Table 4 -4.
4 -13
Section 4 General Development Regulations
4.12.6
Structure
Yard into which
Projection into required
projection is permitted
yard setback (max)
Belt courses, canopies on a
residential building, chimneys,
0.6 m
cornices, eaves, gutters, parapet,
All
pilaster, or sills
Chimney and communications
All
0.75 m
receivers, parapet, and pilaster
Awnings or canopies in a
3 m, provided the canopy or
Commercial or Industrial Zone
All
awning is a minimum height
of 2.5 m above finished grade
0.75 m, provided no ,yard
Cantilevered floors; window bays
All
setback is reduced to less
than 1.2 m
Single detached dwelling,
1 m, provided no yard
Access ramps for physically
semi - detached dwelling
setback is reduced to less
disabled; exterior stairs and fire
- rear yard and side yard
than 1.2 m
escapes
Triplex, fourplex,
apartment building,
1 m, provided no yard
townhouse building,
setback is reduced to less
mixed use building
than 1.5 m
- rear yard and side and
Awnings, balconies, canopies decks
1.5 m, provided no yard
or porches on a residential building
All
setback is reduced to less
than 1.2 m.
4.12.7 A new dwelling shall not be located on any lot unless the
dwelling is adequately separated from any existing agricultural
building housing livestock or any structure for manure storage
that is located on a different lot. The required separation
between the new dwelling and such agricultural building or
structure shall be calculated using Appendix A to this By -law.
4.12.8 A new livestock facility or manure storage structure shall not be
permitted and no expansion to an existing livestock facility or
manure storage structure shall be permitted unless such
structure or expansion is adequately separated from an existing
dwelling on a different lot. The required separation between a
livestock facility or manure storage structure and such a
dwelling shall be calculated using Appendix B to this By -law.
4 -14
Section 4 General Development Regulations
4.12.9 Sections 4.12.7 and 4.12.8 shall not apply to:
a) a residential building constructed on an existing lot or a lot
within a registered plan of subdivision; or
b) an agricultural building housing livestock located within the
limits of a hamlet.
4 -15
Section 5
5.0 SPECIAL LAND USE PROVISIONS
Special Land Use
5.1 Banking Machines and Postal Outlets
5.2 Bed and Breakfast
5.3 Crisis Care Facilities and Residential Care Facilities
5.4 Garage Sales
5.5 Home Industries
5.6 Home Occupations
5.7 In -House Apartment Dwellings
5.8 Model Homes, Temporary Sales Offices and Construction Uses
5.9 Portable Asphalt Plants
5.10 Public Use Exemptions
5.11 Special Events
5.12 Temporary Living Quarters
5.13 Use of Mobile Homes, Recreational Motor Vehicles and Recreational
Trailers as Dwellings
5.14 Wayside Pits and Quarries
5.15 Wind Turbine
5.1 Banking Machines and Postal Outlets
5.1.1 For the purposes of this By -law:
a) Banking Machine shall mean an electronic machine
used by the general public to conduct electronic financial
transactions.
b) Postal Outlet shall mean a building where postal services
including mailing, delivery and sorting of mail is carried out.
Accessory uses may include post office boxes and the
retail sale of mail related items such as stamps and
envelopes.
5.1.2 A banking machine or postal outlet shall be permitted in any
Commercial or Industrial Zone provided it is located within a
principal building permitted within that and may be accessed
from within or from outside the building.
5.2 Bed and Breakfast
5.2.1 For the purposes of this By -law:
a) Bed and Breakfast shall mean an establishment that
provides sleeping accommodation (including breakfast
and other meals, services, facilities and amenities for the
exclusive use of guests) for the traveling or vacationing
public in up to three guest rooms within a single detached
dwelling that is the principal residence of the proprietor of
the establishment.
5 -2
Section 5 Special Land Use
5.2.2 A bed and breakfast is permitted in the RS1, A, and NL Zones
provided that the regulations in Table 5 -1 are complied with.
5.2.3
Number of guest rooms (max) 3
Number of parking spaces 1 per guest room in addition to spaces
required for the dwelling
Any yard, provided no more than 3
Location of all parking spaces parking spaces are located in the front
yard or exterior side ygrd
Landscape area 30% in front yard
5.3 Crisis Care Facilities and Residential Care Facilities
5.3.1 For the purposes of this By -law:
a) Crisis Care Facility shall mean an establishment
operating as a single housekeeping unit and used for the
short term accommodation of a minimum of three
persons, not including staff, who live under supervision
and who require a temporary living arrangement for their
well being;
b) Residential Care Facility shall mean 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 term
residential care facility shall not include a corrections
residence.
5 -3
Section 5
5.3.2
al Land Use
Separation distance between other crisis
care facilities and /or residential care 250 m
facilities
The greater of:
Private amenity area i) 20 m2 Per resident; or
ii) 150 m total
Must be located in rear yard
Floor area per resident 20 m2 of gross residential floor area
Number of parking spaces
5.4.2
1 per every two bedrooms
5.4 Garage Sales
5.4.1 For the purposes of this By -law:
a) Garage Sale shall mean a temporary and occasional activity
accessory either to a dwelling, or a building used by a non-
profit or community organization. Items sold at a garage sale
shall be owned by either the occupants of the dwelling or a
non - profit or community organization.
Building type Places of worship, public school, private school,
recreation centres,
Dwelling type Single detached, semi - detached, duplex,
townhouse
Duration (max) 3 consecutive days during daylight hours only
Location on lot Exterior side yard, front yard, and /or attached
garage
Number permitted (max) 3 ara a sales per calendar year
5.5 Home Industries
5.5.1 For the purposes of this By -law:
a) Home Industry shall mean a small scale industrial
operation that is carried on in accordance with the
provisions of this By -law, as accessory to a permitted
single detached dwellin .
5.5.2 The following are examples of uses that are permitted to be
conducted as a home industry:
a) custom furniture making or restoration;
b) small engine repair;
c) welding;
5 -4
Section 5 Special Land Use
d) woodworking and crafts; and
e) the production of value - added agricultural products such
as cider, honey or wine.
5.5.3 The following are examples of uses that are not permitted to
be conducted as a home industry:
a) automotive repair, automotive painting, or motor vehicle
body shop;
b) any use that could create a public nuisance due to noise,
glare, dust, odours, vibration, interruption of
communication signals, or traffic generation, and
c) any use that requires receipt or delivery of merchandise,
goods or equipment by motor vehicles exceeding four
tonnes at registered gross vehicle weight.
5.5.4
Legend
# Notation
Lot Area 0.8 ha
Location on lot Single detached dwellin (1), attached garage, or
accessory building
Floor area (max) of home industry 200 m2
Floor area (max) of all accessory
buildings if home industry located 200 m2
on lot
Number of employees (max) 4 people, which may include 2 persons who do not
reside in the dwelling 2
Yard setback ZR (3)
1 space for each employee that resides on a different
Parking (4) lot, plus the number of spaces for the use required by
Section 6
Outdoor Storage No exterior display or storage of goods
Notations for Table 5 - 4
(1) 50% (max) of dwelling may be used for a home industry to a maximum of 200 m2 which ever is
less.
(2) Where a home industry is located on the same lot as a home occupation, the regulations in Table
5 - 4 regarding maximum floor area and number of employee shall apply in total, to both the
home occupation and home industry.
(3) Accessory building containing a home industry shall be located in the rear vard.
(4) Parking spaces are not required for a home industry that does not require the delivery or pick -up
of goods, does not have clients coming to the dwelling, and does not have employees who reside
on a different lot.
5 -5
Section 5 Special Land Use
5.6 Home Occupations
5.6.1 For the purposes of this By -law:
a) Adult Home Care shall mean a home occupation that
provides temporary care and companionship to senior
citizens and /or adults with disabilities on a regular basis
for a continuous period not exceeding 24 consecutive
hours;
b) Children's Home Care shall mean a home occupation
that provides temporary care and education of children
on a regular basis and for continuous periods not
exceeding 24 consecutive hours;
c) Home Occupation shall mean an occupation or
business that is carried on in accordance with all
provisions of this By -law, primarily within a dwelling as
accessory to a permitted residential use. The use of an
outdoor swimming pool for instructional services is
permitted as part of a home occupation.
5.6.2 A home occupation may be conducted in association with any
permitted dwelling subject to the provisions of Section 5.6 and
further provided that the home occupation is clearly secondary
to the residential use of the dwelling and does not change the
residential character of the dwelling.
5.6.3 The following uses are permitted to be conducted as a home
occupation:
a) personal service;
b) professional service;
c) business or administrative office;
d) instructional service for a maximum of three students at
one time;
e) home craft business;
f) caterer;
g) children's home care;
h) adult home care; and
i) home appliance service.
5.6.4 The following uses are not permitted to be conducted as a
home occupation:
a) retail sales, with the exception of home craft products;
b) light equipment service;
c) motor vehicle repair garage;
d) motor vehicle body shop;
5 -6
Section 5 Special Land Use
e) any use that could create a public nuisance due to the
levels of traffic, noise, glare, dust, odours, or vibration
associated with the use, or due to the interruption of
communication signals.
5.6.5 In the case of an apartment dwelling or a townhouse dwelling,
a home occupation shall be restricted to a business or
administrative office which does not require the delivery or
pick -up of goods, does not have clients coming to the dwelling,
and does not have employees who reside on a different lot.
r
5.6.6 An adult home care may accommodate a maximum of five
adults that do not reside in the dwelling at one time. The rear
yard of the dwelling may be used as accessory to the adult
home care establishment.
5.6.7 A children's home care may accommodate a maximum of five
children, not including the owner's children. The rear yard of
the dwelling may be used as accessory to the children's home
care.
5.6.8
Notations for Table 5 - 5
(q) Where a home industry is located on the same lot as a home occupation, the regulations in Table
5 - 4 regarding maximum floor area and number of employee shall apply in total, to both the
home occupation and home industry.
(2) Parking spaces are not required for a business or administrative office that does not require the
delivery or pick -up of goods, does not have clients coming to the dwelling, and does not have
employees who reside on a different lot.
5.7 In -House Apartment Dwellings
5.7.1 An in -house apartment dwelling shall only be permitted in a
single detached dwelling or a semi - detached dwelling located
in an Urban Residential Zone, provided that sanitary sewer
and water services to the in -house apartment dwelling are
provided by a public authority.
5 -7
Section 5
Special Land Use
5.7.2 An in -house apartment dwelling which existed prior to
November 16, 1995 and which is located within a townhouse
dwelling shall be deemed to be a permitted use, provided that
sanitary sewer and water services to the in -house apartment
dwelling are provided by a public authority.
5.7.3 An in -house apartment dwelling shall have minimum floor area
of 40 m2.
5.7.4 One parking space shall be provided for each in -house
apartment dwelling. A parking space is not required for an in-
house apartment dwelling established prior to November 16,
1995.
5.8 Model Homes, Temporary Sales Offices and Construction Uses
5.8.1 For the purposes of this By -law:
a) Model Home shall mean a finished dwelling that is used
as an example of a product offered for sale to purchasers
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;
b) Temporary Sales Office shall mean 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, display and marketing
of residential lots and dwellings within a draft approved
subdivision or condominium plan.
5.8.2 A building permit for a model home in a draft approved plan of
subdivision may be issued provided that:
a) the model home is located in the draft approved
subdivision plan;
b) the developer has entered into a subdivision agreement
with the Municipality;
c) the developer has entered into an agreement with the
appropriate public authority regarding the provision of
sanitary sewer and water services; and
d) the model home complies with the regulations of the
zone in which it is located.
5.8.3 A temporary sales office for a draft approved subdivision or
condominium plan may be located on lands within the draft
approved plan. The temporary sales office shall be removed
Section 5
Special Land Use
or cease operation no later than the sale of the last lot or the
occupation of the last dwelling.
5.8.4 A minimum of eight parking spaces shall be provided for a
model home or a temporary sales office.
5.8.5 Temporary buildings or trailers associated with construction
work are permitted on a lot, or on lands within a draft approved
subdivision or condominium plan for the duration of
construction work or for as long as the building permit is
active, whichever comes first. No temporary building or trailer
intended for construction work purposes shall be located in a
visibility triangle or used for human habitation.
5.9 Portable Asphalt Plants
5.9.1 A portable asphalt plant used to supply materials to a
construction project undertaken by or on behalf of a public
authority shall be permitted for a on a temporary basis in the
Agricultural Zone provided that the proposed use:
a) is located a minimum of 30 metres from any lands zoned
EP; and
b) is located a minimum of 50 metres from any dwelling.
5.10 Public Use Exemptions
5.10.1 The provisions of this By -law shall not apply to prohibit the use
of land, or the use of buildings or structures within any part of
the Municipality for the following purposes:
a) a fire station, a police station, ambulance station,
commuter train station, or sanitary sewer or water
facilities and systems provided by or on behalf of a public
authority;
b) a municipal or community service, including a park and
passive recreational trails, provided for residents of
Clarington by the Municipality, a local board of the
Municipality, or a tenant of the Municipality on land or in a
building or structure owned by or leased to the
Municipality;
c) conservation and environmental education, including
passive recreational trails, on lands owned by or leased
to a Conservation Authority;
d) the processing of heavy water, electricity generation and
research including but not limited to the production of
nuclear energy, and administration and consumer and
public relations in connection with electricity generation
on land or in a building or structure owned by or leased to
Ontario Power Generation;
5 -9
Section 5 Special Land Use
e) an electricity transmission corridor, including towers and
lines, on any land or structure owned by or leased to
Veridian Corporation or the Hydro One Network Inc.;
f) an oil or natural gas transmission corridor, including
pipes and necessary pumping stations, in land or in any
building or structure owned by Hydro One Network Inc.,
Trans Canada Pipelines, TransNorthern Pipeline or
InterProvincial Pipeline, or successor companies.
5.10.2 The provisions of this By -law shall not apply to prohibit the use
of land, buildings or structures within any part of the
Municipality for the following uses provided such uses existed
on November 15, 2001 and continue to be used for that
purpose:
a) a public school;
b) a railway corridor owned by St. Lawrence & Hudson or by
C.N. Rail; and
c) electricity substations on lands owned by or leased to
Veridian Corporation or Hydro One Network Inc.
5.10.3 The provisions of this By -law shall not apply to prohibit the
location, construction or use within a road allowance in any
part of the Municipality for a road, or for any structure, wires,
transformers or equipment for the purposes of signal
receiving, electricity or gas transmission or distribution,
telecommunication, or cable television reception, transmission
and distribution.
5.10.4 The following requirements shall apply to lands, buildings or
structures being used for a public use pursuant to the
provisions of Section 5.10.1, 5.10.2, and 5.10.3:
a) no goods, materials or equipment shall be stored in the
open except in Industrial Zones where open storage is
permitted; and
b) the regulations of the specific zone with respect to
parking spaces, loading spaces, landscaped area,
outdoor storage area, yard setbacks, and the location of
buildings and structures shall be complied with.
5.10.5 The provisions of Section 5.10 shall not apply to the use of
any lot, building or structure that does not conform to the
provisions of the Clarington Official Plan.
5 -10
Section 5 Special Land Use
5.11 Special Events
5.11.1 For the purposes of this By -law:
a) 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;
b) Temporary for the purposes of Section 5.11, temporary
shall mean the combined total duration of all special
events held on one lot shall not exceed seven days in a
calendar year. In the case of a music festival or other
special event capable of producing excessive noise
levels, only one such event may be held for a duration of
no longer than three days on a lot in a calendar year.
5.11.2 In any Commercial or Industrial Zone, the parking area may be
used for a special event provided that the number of parking
spaces remaining is not reduced below 75% of that required
by Section 6 for the commercial uses on the lot.
5.11.3 Special events licensed by the Municipality are not subject to
the parking space and loading space requirements set out in
Section 6.
5.11.4 A special event is permitted on any lot or street owned by a
public authority, a private school, or a place of worship, or any
lot owned privately providing it is commercially or industrial
zoned.
5.12 Temporary Living Quarters
5.12.1 A mobile home, a recreational motor vehicle, recreational
trailer or an existing dwelling may be used as temporary living
quarters for a period not to exceed six months while a
permitted dwelling is under construction on the same lot,
provided that:
a) the owner of the lot enters into an agreement with the
Municipality agreeing to remove the temporary living
quarters from the lot immediately after the expiration of
the six month period or with the occupation of the new
dwelling, whichever occurs first;
b) the mobile home, recreational motor vehicle or
recreational trailer is located on the lot in compliance with
the yard setbacks of the zone in which it is located; and
5 -11
Section 5 Special Land Use
c) the temporary living quarters are serviced with adequate
sanitary sewer and water services approved by the
appropriate public authority.
5.13 Use of Mobile Homes, Recreational Motor Vehicles and
Recreational Trailers as Dwellings
5.13.1 The use of a mobile home, a recreational motor vehicle or a
recreational trailer as a dwelling is prohibited in all zones
except as otherwise specified in this By -law.
5.13.2 A mobile home park and a campground are prohibited in all
zones except as otherwise specified in this By -law.
5.14 Wayside Pits and Quarries
5.14.1 A wayside pit or a wayside quarry is permitted for a maximum
of 18 months in the Agricultural Zone provided that the
proposed use is not located within:
a) is located a minimum of 30 metres from any land zoned
EP; and
b) is located a minimum of 50 metres from any dwelling.
5.15 Wind Turbines
5.15.1 For the purposes of this By -law:
a) Wind turbine shall mean an energy conversion system,
which converts wind energy into electricity through the use
of a wind turbine generator, and includes the turbine,
blade, tower, base, and pad transformer, if any.
5.15.2 A maximum of one wind turbine is permitted on a lot in all
zones as accessory to a permitted use.
5.15.3 Regulations
a) Lot Area
Lot area I 4000 m2
b) Yard Setbacks„)
Front yard
15 m
Exterior side yard
15 m
Interior side yard
15 m
Rear yard
15 m
(1) All vard setbacks are measured from the outermost tip or part of the wind turbine, which
includes the blade.
5 -12
Section 5
cl Blade Clearance
Special Land Use
Above finished grade
6 m
Above accessory buildings and structures
and farm buildings
4.5 m to the highest point of each
roofline
d) Height Requirements
i) Maximum height shall be 91.4 m to the highest extension of any
blade.
5 -13
Section 6 Parking
6.0 OFF - STREET PARKING AND LOADING
6.1 Parking Spaces
6.2 Parking Space Requirements
6.3 Parking Area Location and Design Standards
6.4 Drive - Through Queue Aisle
6.5 Loading Spaces
6.6 Additions To or Change in Use of Buildings
6.1 Parking Spaces
6.1.1 For the purposes of this By -law:
a) Parking Space shall mean an area not located on a
street, private road, or lane and exclusive of aisles,
ramps or columns for parking one motor vehicle and may
include a private garage. The different types of parking
spaces are illustrated in Figure 6 -1.
6.1.2
Legend
Parking space
Other
Width
Length
# Not applicable
Regulations
# Notation
Angle(2)
2.75 m (3)
5.7 m measured on the
#
angle
Parallel
2.75 m (3)
7 m
5.7 m; or
Width of landscaped
Perpendicular
2.75 m (3)
5.4 m in front of
area or walkway - 2.4
landscaped area or
walkway
m
Tandem
2.75 m (3)
5.7 m
1 space - 4.5 m
Physically
2 or more abutting
5.7 m
Disabled
spaces - 3.4 m
each
Garage
3 m
5.7 m
Area - 18.6 m2
Notations for Table 6 -1
(1) Where a parking space abuts a wall along its length, the minimum required width of the parking
space shall be increased by 0.25 m. In the case of a 2 car garage, the minimum width of only 1
parking space must be increased.
(2) Angle of parking space - 45 degrees
(3) Total width of 2 outdoor perpendicular parking spaces for a single detached, semi - detached or
duplex dwelling - 4.6 m.
6.1.3 Every building, structure or lot used for a purpose set out in
this By -law shall provide and maintain parking spaces in
accordance with the provisions of Section 6.
6 -1
Section 6 Parking
PERPENDICULAR PARKING
+ 2.75. 1-
E
AISLE o
4 2.75. F
PERPENDICULAR PARKING
IN FRONT OF LANDSCAPED AREA
AISLE
fi
E
2.75.
LANDSCAPED AREA
STREET/ PRIVATE ROAD
ANGLE PARKING
PARALLEL PARKING
E
7.0.
AISLE E
EL
PERPENDICULAR PARKING
IN FRONT OF WALKWAYS
AISLE
E
2.7.
E WALKWAY
BUILDING
TANDEM PARKING
STREET / PRIVATE ROAD
6.1.4 Required parking spaces and parking areas shall only be
used for the parking of motor vehicles that are incidental to
the permitted use that requires the parking. All motor
vehicles occupying a required parking space shall be
operative and currently licensed.
6.1.5 Within any Rural Settlement Zone one commercial motor
vehicle not exceeding four tonnes registered gross weight at
capacity may use a required parking space.
.-
Section 6 Parking
6.1.6 The parking spaces required for a permitted residential use
and /or a home occupation may be provided in tandem.
6.1.7 In a zone which permits a farm use, a maximum of one
commercial motor vehicle may be parked, either outside or
within an accessory building or structure;
6.2 Parking Space Requirements
6.2.1 Unless otherwise permitted by this By -law, parking spaces
shall be provided on the same lot as the building, structure
or use requiring the parking and shall be calculated in
accordance with the requirements specified in Section 6.
The number of required parking spaces shall be rounded up
to the next whole number.
6.2.2
,m
T pe of Use Number of Parking Spaces
Single Detached;
2 outdoor spaces per dwelling
Semi - Detached
Duplex, Street Townhouse
2 spaces per dwelling
1 bedroom apartment
dwelling, Bachelor
1.25 spaces, plus 0.25 visitor spaces per dwelling
apartment dwelling
2 bedroom apartment
1.5 spaces, plus 0.25 visitor spaces per dwelling
dwelling
3 or more bedroom
1.75 spaces, plus 0.25 visitor spaces per dwelling
apartment dwelling
Home Industry
Table 5 -4
Home Occupation
Table 5 -5
In -House Apartment
Section 5.7
Other permitted residential
2 spaces per dwelling
uses
--mmmicammEg -g'
Flea Market; Grocery
Store; Retail Warehouse;
1 space for every 20 m2 of gross leasable floor area
Shopping Centre
Business or Administrative
Office; Day Care Centre;
Office Buildin Personal
1 space for every 30 m2 of gross leasable floor area
Service;
Professional Service; Store
Medical Office, Veterinary
1/18 M2 of gross floor area
Clinic
Where a medical office is a home occupation - 1 space for
every 30 m2 of the dwelling used for the home occupation
6 -3
Section 6
Parking
y c -.
1 1
# 1 1
Hotel; Motel
1 per suite or guest room
Adult Entertainment
The greater of:
Parlour; Bar, Restaurant
i) 7 spaces; or
Take -Out only
ii) 1 space for every 7 m2 of publicly accessible floor area
Drive - Through Restaurant,
The greater of:
Eat -In Restaurant (with or
i) 10 spaces; or
without Take -Out
ii) 12 space per 100 m2 gross floor area
Restaurant
Arena; Art Gallery,
Assembly hall, Auction
The greater of 1 per:
Centre;
i) 5 fixed seats;
Banquet Hall,
ii) 3 m of bench seating; or
Funeral Home; Museum;
iii) 9 m2 of floor area
Place of Entertainment;
Place of Worship; Private
Club; Recreation Centre;
Theatre; Other similar
gathering places
Bowling Alley
3 spaces per bowling lane
Curling Rink
4 spaces per curling sheet
Golf Course
3 spaces per hole
Golf Driving Range
1 space per tee /mat
Fitness Centre
1 space per 30 m2 of publicly accessible floor area
Marina
1.25 spaces per boat slip
Mini -Putt
1.5 spaces per hole
w
- - m
The greater of:
Elementary
i) 2 per classroom; or
ii) 1 per 10 m2 of total floor area in the assembly hall and
cafeteria
The greater of:
Secondary,
i) 5 spaces per classroom; or
Commercial
ii) 1 space per 10 m2 of floor area in the assembly hall and
cafeteria
Im
Nursing Home;
1 space per every 4 beds
Retirement Home
The greater of 1 space per:
Hospital
i) 2 beds; or
ii) 50 m2 of floor area
Crisis Care Facility,
Table 5 -2
Residential Care Facilit
zi
Section 6
Parkin
6.2.3 Where the required parking spaces cannot be provided on the
same lot as the use requiring the parking, the required parking
spaces may be located on another lot, subject to the following:
a) the parking spaces are located within 150 metres walking
distance of the use requiring the parking;
b) the parking spaces are located either on lands within the
same zone as the use requiring the parking spaces or
within a Commercial or Industrial Zone;
c) the owners of both lots shall enter into an agreement with
the Municipality, to be registered against title of both lots,
and said agreement shall guarantee that the land provided
for parking shall continue to be so used until the owners
provide alternate parking spaces in accordance with the
requirements of this By -law.
6.2.4 Where a building, structure or lot accommodates more than
one type of use, the more restrictive parking space
requirement shall apply.
6.2.5 Where a use defined by this By -law is not listed in Table 6 -2,
the parking space requirement for that use shall be based on
the requirement for uses of a similar nature.
6.2.6 When an addition to a building occurs, or the use of a
building, structure, or lot changes, the provisions of Section
6.6 of this By -law shall apply.
6.2.7 The required parking spaces shall be dedicated as parking
for the physically disabled in accordance with Table 6 -3.
6 -5
i
Section 6 Parking
6.2.8
Legend
# Notation
Number of Parking Spaces Required
By Table 6 - 2
Parking Spaces for Physically Disabled (1)
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1000
2% of total
Greater than 1000
21 spaces plus 1 space for every additional
100 spaces or part thereof over 1000
Notations for Table 6 - 3
(1) Nursing homes, retirement homes, hospitals, medical clinics and medical offices shall provide
twice the number of parking spaces for the physically disabled as required by Table 6 - 3.
6.3 Parking Area Location and Design Standards
6.3.1 For the purposes of this By -law:
a) Aisle shall mean that part of a parking area used for the
maneuvering or circulation of motor vehicles. An aisle
shall have a minimum width of 4.5 metres for one -way
traffic or 6 metres for two -way traffic;
b) Commercial Parking Area shall mean a parking area
where short term parking of motor vehicles is provided for
a fee, and may include a kiosk for the parking attendant
as an accessory use;
c) Driveway shall mean that portion of a lot designed to
provide motor vehicle access from the lot to the traveled
portion of the street, private road or lane;
d) Enclosed Parking Area shall mean a parking area
located within a building or structure, including multi-
storey structures such as aboveground or underground
garages;
6 -6
Section 6
Parki
e) Parking Area shall mean an area not located on a street,
private road, or lane that is used for the parking of more
than one motor vehicle with or without a fee being
charged, but shall not include any area where motor
vehicles are kept or stored for sale or repair.
6.3.2 In all Commercial, Industrial and Institutional Zones every
open air parking area shall provide for snow storage
purposes, an area equivalent to 5% of the area of the
required parking spaces and associated aisles.
6.3.3 Parking areas and parking spaces located at finished grade
are permitted in all yards provided that the following
provisions.are complied with:
a) in all zones except the Rural Settlement Zone, no
driveway or parking space shall be located within 7.5
metres of a side lot line abutting a Rural Settlement
Zone, or within 1.5 metres of a rear lot line abutting a
Rural Settlement Zone;
b) in a Commercial Zone, no part of any parking space or
parking area other than a driveway shall be located within
1.5 metres of a street line or within a required visibility
triangle;
c) in a Rural Settlement Zone, no part of any parking space
or parking area other than a driveway shall be located
within 1 metre of a street line or within a required visibility
triangle; and
d) in a Rural Settlement Zone, for all non - residential uses,
parking shall not be permitted between the building and
front or exterior side property lines; and
e) In a zone which permits a farm use, commercial motor
vehicle parking shall not be permitted between the
building and front or exterior side property lines, and no
commercial motor vehicle parking shall be permitted
within 15 metres of a lot containing a residential use.
6.3.4 Parking spaces, parking areas, aisles and driveways shall be
constructed and maintained with a stable surface that is
capable of permitting access under all climatic conditions.
6 -7
Section 6
6.4.3
Parki
6.4 Drive - Through Queue Aisle
6.4.1 For the purposes of this By -law:
a) Drive - Through Queue Aisle shall mean an on -site
stacking lane 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.
6.4.2 Each drive - through establishment shall provide a drive -
through queue aisle for the queuing of motor vehicles.
Drive - through Queue Aisle
Establishment Length Width Separation from
Street line
Banking machine; Other 24 m
i) Between pick -up window 3 m 18 m
Restaurant and order board - 24 m;
ii) Beyond order board - 48 m
Notations for Table 6 - 4
(1) Minimum radius shall be 9 m
6.4.4 A drive - through queue aisle shall be separate from all
driveways, parking areas, and /or loading spaces on site, and
shall not be located within a visibility triangle.
6.4.5 Where a drive - through queue aisle abuts a residential use,
the queue aisle shall be setback 12 metres from the lot line
and shall be screened from the residential use by a 2 metre
high wall or decorative closed board fence.
..,
Section 6 Parki
6.5 Loading Spaces
6.5.1 For the purposes of this By -law:
a) Loading Space shall mean an unobstructed area of land
that is provided on the same lot upon which the principal
use is located, and which is used for the temporary parking
of one commercial motor vehicle while merchandise or
materials are being loaded onto or unloaded from such
vehicle.
6.5.2 Every building or structure used for a purpose that requires the
loading or unloading of goods or materials, including animals,
shall provide and maintain loading spaces in accordance with
the provisions of Section 6.5.
6.5.3 Loading spaces shall be provided on the same lot as the
building, structure or use requiring the loading space and
shall be calculated in accordance with the regulations in
Table 6 - 5. All loading spaces shall provide a vertical
clearance of 5 metres.
6.5.4
L N M
Legend Loading Space Requirements
Not applicable Length - 11 m Length - 7.5 m
Width - 4 m Width - 3 m
W I= �=-
Apartment Building - 1 to 30 apartments 1 #
Apartment Building - 31 to 90 apartments
1
#
Apartment Building - 91 or more apartments
2
Hospital
4
#
Nursing Home; Retirement home
2
#
Assembly hall, Bar, Business or Administrative Office;
Convenience Store; Motor vehicle Repair Garage; Personal
Service; Professional Service; Place of Entertainment or
1
#
Restaurant
Permitted uses with 100 M2 to 300 M2 gross commercial
floor area
1
Permitted uses with 301 M2 to 1,000 M2 gross commercial
floor area
1
#
Permitted uses with 1,000 M2 to 7,000 M2 gross commercial
floor area
2
#
Permitted uses with greater than 7,000 M2 gross
commercial floor area
3
#
Permitted uses with up to 1,000 m2 gross floor area 1
.•
Section 6
Permitted uses 1,001 m` to 3,000 m` gross floor area 2
Permitted uses with 3,001 m2 to 7,000 M2 gross floor area 3
3 spaces, plus
Permitted uses with greater than 7,000 m2 gross floor area 1 space for
every
additional
10,000 m2 or
portion thereof
Parki
6.5.5 Access to loading spaces shall be provided by means of an
aisle located on the same lot as the use requiring the loading
spaces. The aisle shall be a minimum of 6 metres wide and
shall lead to a driveway.
6.5.6 Loading spaces shall not be provided in tandem and must be
located abutting the building or structure for which they are
required.
6.5.7 Loading spaces shall be located in the interior side yard or
rear vard. In Industrial Zones, loading spaces are also
permitted in the front vard and exterior side yard provided
the spaces are setback from the street line a minimum
distance of 20 metres.
6.5.8 When an addition to a building occurs, or the use of a
building, structure, or lot changes, the provisions of Section
6.6 of this By -law shall apply.
6.6 Additions To or Change in Use of Buildings
6.6.1 The parking space and loading space requirements of this
By -law shall not apply to any existing building or structure,
so long as 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.
6.6.2 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 addition shall be
provided in accordance with the requirements of this By -law.
6.6.3 Where the use of a building, structure or lot changes,
parking spaces and loading spaces for the new use shall be
provided in accordance with the requirements of this By -law.
6 -10
Section 7
Urban Residential
7.0 URBAN RESIDENTIAL ZONE CATEGORY (RESERVED)
7 -1
Section 8
Rural Settlement Zone
8.0 RURAL SETTLEMENT ZONE CATEGORY
8.1 Zones
8.1.1 The Rural Settlement Zone Category consists of the following
zones:
a) (RS1) Rural Settlement One
b) (RS2) Rural Settlement Two (RESERVED)
c) (RS3) Rural Settlement Three (RESERVED)
8.2 Permitted Uses
8.2.1
TABLE 8-1
ITTED USES — RURAL SETTLEMENT ZONES
Legend
(min)
P Permitted
(max)
Not permitted
RS1
PM Permitted subject to notation
30 m
(max)
1 40 m
Bed and Breakfast
P
Home Occupation
P
Single Detached Dwelling
P
MIN I,
ON
Existing Cemetery
P
Model Home/Temporary Home/Temporary Sales Office
P
Place of Worship
P
Residential Care Facility
Notations for Table 8 -1
(1) With the exception of catering
8.3 Regulations
8.3.1 RS1 — Rural Settlement One Zone Regulations
a) Lot Area and Lot Frontaae
Residential and Non - Residential Uses
Lot area
(min)
4000 m2
(max)
6000 m2
Lot frontage
(min)
30 m
(max)
1 40 m
Section 8
b) Yard Setbacks
Rural Settlement Zone
c) Landscaped Area and Lot Coverage
Residential and Non - Residential Uses
Front yard
15 m
Exterior side yard
15 m
Interior side yard
5 m
Rear yard
15 m
c) Landscaped Area and Lot Coverage
d) Floor Area
i) The minimum floor area shall be 110 m2.
e) Height
i) The maximum height shall be 10.5 m.
8.4 Exception Zones
8.4.1 RS1 Exception Zones
8.4.1.1 RS1 -1
a. Permitted Uses:
i) All RS1 zone uses
b. Regulations:
i) Lot frontage 45 m
ii) Lot area 8000 m2
C. Except as amended herein, all other provisions of
this By -law, as amended, shall apply.
Residential and Non - Residential Uses
Landscaped area
35%
Lot Coverage (max)
15%
d) Floor Area
i) The minimum floor area shall be 110 m2.
e) Height
i) The maximum height shall be 10.5 m.
8.4 Exception Zones
8.4.1 RS1 Exception Zones
8.4.1.1 RS1 -1
a. Permitted Uses:
i) All RS1 zone uses
b. Regulations:
i) Lot frontage 45 m
ii) Lot area 8000 m2
C. Except as amended herein, all other provisions of
this By -law, as amended, shall apply.
Section 9
r
Commercial Zone
9.0 COMMERCIAL ZONE CATEGORY
9.1 Zones
9.1.1 The Commercial Zone Category consists of the following
zones:
a) (C1) Street - Related Commercial Zone (RESERVED)
b) (C2) Downtown Commercial Zone (RESERVED)
c) (C3) Primary Commercial Zone (RESERVED)
d) (C4) Secondary Commercial Zone (RESERVED)
e) (C5) Office Commercial Zone (RESERVED)
f) (C6) Neighbourhood Commercial Zone
g) (C7) Highway Commercial Zone
h) (C8) Motor Vehicle Service Zone
9.2 Permitted Uses
9.2.1
r oil
Legend
P Permitted C6
Not permitted
P # Permitted subject to notation
C7 C8
Apartment Dwelling p(l)
Bar
P
Refreshment Vehicle
P(3)
Restaurant
P
P
• Fast Food Restaurant
P
P
• Take -Out Restaurant
P
P
• Drive- Through Restaurant
_
P
Place of Entertainment P
Assembly Hall — P
Auction Centre
P
Banquet Hall
P
Convention Centre
P
Cultural Centre
P
Fitness Centre
P
Private Club
Motor Vehicle Fuel Bar
P
P
P
Motor Vehicle Rentals — P
Motor Vehicle Repair Garage P
P(5)
9 -1
Section 9
Commercial Zone
a m a o
Legend
P Permitted
- Not permitted
P # Permitted subject to notation
C6
C7
C8
Motor Vehicle Sales
P
Motor Vehicle Wash
-
P
Recreational Vehicle Sales and
Service
P
Bank
P
■ Drive- Through Bank
"'
P
^'
Business or Administrative Office
P
Caterer
P
Day Care Centre
P
Dry Cleaning Distribution Centre
P
Funeral Home
P
Hotel
P
Medical Clinic
P
Motel
P
Personal Service
P
Professional Service
P
Veterinary Clinic
P
ME
Flea Market
P
Garden and Nursery Centre
P
■ Seasonal Garden and Nursery
Centre
_
P
Marine Sales and Service
P
Store
• Convenience Store
P
P(4)
• Farm Equipment and Supply
Store
P�s�
• General Merchandise Store
P
P(6)
• Home Improvement Store
P(6)
• Light Equipment Store
P
• Specialty Store
P
P ff
--
Notations for Table 9 - 1
(1) Permitted within a building containing a permitted non - residential use
(2) Permitted on the ground floor of an office building
(3) Permitted as accessory to a permitted non - residential use provided it is not located within 60 m of
either a restaurant or playground equipment located in a park
(4) Gross leasable floor area (max) - 150 m2
(5) Permitted as accessory to a principal use
(6) Gross leasable floor area (min) - 2000 m2
(7) Gross leasable floor area (max) - 700 m2
9 -2
Section 9
9.3 Regulations
Commercial Zone
9.3.1 C1 Street - Related Commercial Zone Regulations
(RESERVED)
9.3.2 C2 Downtown Commercial Zone Regulations
(RESERVED)
9.3.3 C3 Primary Commercial Zone Regulations
(RESERVED)
9.3.4 C4 Secondary Commercial Zone Regulations
(RESERVED)
9.3.5 C5 Office Commercial Zone Regulations
(RESERVED)
9.3.6 C6 - Neighbourhood Commercial Zone Regulations
a Lot Area and Lot Frontage
Lot area 2000 m2(j)
Lot frontage 20 m
(1) Minimum lot area of 4000 m2 for lots without full municipal services
b) Yard Setbacks
Front yard
3 m
Exterior side yard
3 m
Interior side vard
2 m; 0 m where a building has a common wall with a
building on an adjacent lot
5 m; abutting a Rural Settlement Zone 7.5 m; and an
Rear vard
additional 1 m setback for every 1 m of building height
above 10 m
c) Floor Soace Index t,)
Commercial F. S. 1.
0.25
Residential F. S.1.
0.25
Total F.S.I.
0.5
Where a use meets all the applicable regulations of this By -law but a different maximum F.S1 is indicated on the
Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum F.S.I.
indicated above. The letter "T" shall mean "Total', the letter "C" shall mean "Commercial', and the letter "R"
shall mean 'Residential."
d) Landscaped Area
i) Minimum landscaped area shall be 20 %.
e) Height
i) Maximum height shall be 12 m.
9 -3
Section 9
Commercial Zone
f) Gross Leasable Floor Area
i) Maximum gross leasable floor area shall be 300 m2.
9.3.7 C7 — Highway Commercial Zone Regulations
a Lot Area and Lot Frontage
Lot area
3000 m2 (1)
Lot frontage
50 m
(1) Minimum lot area of 4000 m` for lots without full municipal services
b Yard Setbacks
Front yard
5 m up to 14 m in height, 8 m setback for the portion of the
building above a height of 14 m
Exterior side yard
Interior side yard and rear
2 m for buildings up to 14 m in height, 4.5 m yard setback
yard
for the portion of the building above a height of 14 m; 0 m
where a building has a common wall with a building on an
adjacent lot; abutting a Rural Settlement Zone, 5 m for
buildings up to 10 m in height; 1 m additional setback for
every 1 m of height above 10 m;
c) Floor Space Index (1)
Commercial F. S.1.
0.3
Residential F.S.I.
#
Total F.S.I.
0.3
Where a use meets all the applicable regulations of this By -law but a different maximum F. S. 1. is indicated
on the Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum
F.S.I. indicated above. The letter "T' shall mean "Total', the letter "C shall mean "Commercial', and the
letter "R" shall mean `Residential'.
d) Landscaped Area
i) Minimum landscaped area shall be 20 %.
e) Height
i) Maximum height shall be 10 m.
ii) Maximum height for hotel or motel shall be 30 m.
.,
Section 9 Commercial Zone
9.3.8 C8 — Motor Vehicle Service Station Zone Regulations
a) Lot Area and I nt Frnntnna
Lot area
2000 m2 (1)
Lot frontage
40 m
(1) Minimum lot area of 4000m `for lots without full municipal services
b) Yard Setbacks
Front yard and exterior side
i) Building - 3 m;
yard
ii) Fuel pump island and /or weather canopy — 5 m
Interior side yard and rear
i) Building — 5 m;
vard
ii) Canopy— 20 m abutting residential; 5 m abutting
C4 Exception (RESERVED)
non - residential
C) Floor Snace Index ,,,
Commercial F. S.1.
0.25
Residential F. S. 1.
#
Total F.S.1.
0.25
(1) Where a use meets all the applicable regulations of this By -law but a different maximum F.S.I. is indicated on the
Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum F.S.I.
indicated above. The letter "T" shall mean "Total ", the letter "C" shall mean "Commercial ", and the letter "R" shall
mean "Residential."
d) Landscaped Area
i) Minimum landscaped area shall be 20 %.
e) Height
i) Maximum height shall be 6 m.
ii) Maximum height for a motor vehicle fuel bar canopy shall
be 10 m.
9.4 Exception Zones
9.4.1
C1 Exception (RESERVED)
9.4.2
C2 Exception (RESERVED)
9.4.3
C3 Exception (RESERVED)
9.4.4
C4 Exception (RESERVED)
9.4.5
C5 Exception (RESERVED)
9.4.6
C6 Exception (RESERVED)
9.4.7 C7 Exception
9.9.7.1 C7 -1
a. Permitted Uses
i) Refreshment Vehicle
ii) Restaurant
a) Eat in Restaurant
b) Take -Out Restaurant
9 -5
Section 9
Commercial Zone
c) Drive - Through Restaurant
iii) Motor Vehicle Fuel Bar
iv) Motor Vehicle Repair Garage
v) Motor Vehicle Sales
vi) Recreational Vehicle Sales and Service
vii) Garden & Nursery Centre
viii)Home Improvement Store
b. Regulations
i) Refreshment Vehicle is permitted as accessory
to a permitted non - residential use provided it is
not located within 60 m of either a restaurant or
playground equipment located in a park.
ii) Home Improvement Store shall have a
minimum gross leasable floor area of 2000 m2.
C. Except as amended herein, all other provisions of
this By -law, as amended, shall apply.
9.4.8 C8 Exception
9.4.8.1 C8 -1
a. Permitted Uses
i) Motor Vehicle Fuel Bar
ii) Eat -in Restaurant accessory to a Motor
Vehicle Fuel Bar.
b. Except as amended herein, all other provisions of
this By -law, as amended, shall apply.
W.
Section 10 Industrial Zones
,
10. INDUSTRIAL ZONE CATEGORY (RESERVED)
10 -1
Section 11 Institutional Zones
11.0 INSTITUTIONAL AND UTILITY ZONE CATEGORY
11.1 Zones
11.1 Zones
11.1.1 The Institutional and Utility Zone Category consists of the
following zones:
a) (N) Institutional Zone
b) (U) Utility Zone
11.2 Permitted Uses
11.2.1
TABLE RMITTED USES — INSTITUTIONAL AND
UTILITY ZONES
Legend
P Permitted
Not permitted
Pp) Permitted subject to notation
N
U
Court House
P
Day Care Centre
P
Hospital
P
Library
P
Municipal Administration Building
P
—
Museum
P
Public Works Depot
P
Pumping Station
P
Recreation centre
P
School
• Elementary School
P
• Secondary School
P
Utility Substation
P
Water Pollution Control Plant
P
Water Supply Plant
P
11 -1
Section 11
11.3 Regulations
11.3.1 N - Institutional Zone Regulations
a) Lot Area and Lot Frontaae
Institutional Zones
Lot area
6 m
Elementary school
2.Oha
Secondary school
6.5 ha
All other uses
460 m2
Lot frontage
10 m abutting a Rural Settlement Zone
Elementary school
The greater of 140 m; or 25% of the site perimeter
Secondary school
The greater of 280 m; or 25% of the site perimeter
All other uses
40 m
b) Yard Setbacks
Front yard ���
6 m
Exterior side vard
The greater of:
i) 4.5 m; or
ii) 1.5 m for each storey or partial storey up to 7.5 m
Interior side yard
7.5 m
10 m abutting a Rural Settlement Zone
Rear yard
7.5 m
10 m abutting a Rural Settlement Zone
Where there is an established building line, the front vard or exterior yard setback shall be within
2 m of the established building line.
c) Landscaaed Area and Lot Coveraae
Landscaped area
30%
40% abutting a Rural Settlement Zone
Lot coverage
40%
30% abutting a Rural Settlement Zone
d) Height
i) The maximum height of an elementary school shall be 3
storeys;
ii) The maximum height of a secondary school shall be 4 storeys;
iii) The maximum height of all other buildings shall be 6 storeys
up to 25 m, except where abutting a Rural Settlement Zone
the maximum height shall not be greater than 4 storeys up to
18 m.
e) Outdoor Storage Areas are not permitted.
f) Portable school buildings shall comply with all yard setbacks.
11 -2
Section 11
11.3.2 U — Utility Zone Regulations
a) Lot Area and Lot Frontaqe
Institutional Zones
Lot area
460 mZ
Lot frontage
15m
b) Yard Setbacks
Front yard
6 m
Exterior Side yard
6 m
Interior Side yard
3 m
Rear yard
3 m
c) Landscaped Area and Lot Coverage
Landscaped area
40%
Lot coverage
40%
d) Height
i) All buildings and structures shall have a maximum height of 12
m except where abutting a Rural Settlement Zone the
maximum height shall be 10.5 m.
11 -3
Section 12 Open Space Zones
12.0 OPEN SPACE ZONE CATEGORY
12.1 Zones
12.1.1 The Open Space Zone Category consists of the following
zones:
a) (EP) Environmental Protection Zone
b) (NC) Natural Core Zone
c) (NL) Natural Linkage Zone
d) (P) Park Zone
12.2 Permitted Uses
12.2.1
Legend
P Permitted
Not permitted EP NC NL P
P(#) Permitted subject to notation
Bed and Breakfast
P(2)
P (2)
P
Bunkhouse
P(3)
P
P
Home Occupation
P (2)
P(2)
P
Mobile Home
P(1)
P(1)
Single Detached Dwelling
P(3)
P(3)
P
Environmen #al 1Vlanagement Uses
Conservation
P
P
P
P
Flood, Erosion and Stormwater Control
P
P
P
P
Structures
Non- Residential Uses
Farm
P(3)
P
P
Farm Occupation
P
P
Greenhouse
P(3)
P
P
Reforestation
P
P
P
P
Riding Arena
P(3)
P
P
Riding Stable
P(3)
P
P
Recreational Uses'
Park. Passive
P
P
P
P
Park, Active
—
P
P
13 -1
Section 12 Open Space Zones
Notations for Table 12 -1
(1) Only permitted as a second dwelling on the lot for persons employed on the farm.
(z) Only permitted in dwellings existing as of November 15, 2001.
(3) Applies to uses existing as of November 15, 2001.
12.3 Regulations
12.3.1 EP - Environmental Protection Zone Regulations
a) Existing residential uses shall comply with the zone
regulations for residential uses within the
Agricultural Zone.
b) Existing non - residential uses shall comply with the zone
regulations for non - residential uses within the
Agricultural Zone.
12.3.2 NC - Natural Core Zone Regulations
a) Lot Area and Lot Frontaae
(1) Farm exclusive of buildings require a minimum frontage of 10 m.
b) Yard Setbacks
Residential uses
Non - Residential
Greenhouses
All other non-
residential uses
Lot area
min
4000 M2
2 ha
40 ha
6 m
(max)
6000 m2
16 ha
#
Lot frontage
30 m
1 150 m
100 m ,
(1) Farm exclusive of buildings require a minimum frontage of 10 m.
b) Yard Setbacks
(1) Loading spaces and areas must comply with setback regulations
c) Landscaped Area and Lot Coveraae
Residential uses
Non - Residential
Greenhouses
All other non-
residential uses
Front jLiELrd
6 m
15 m
15 m
Exterior side yard
6 m
15 m
15 m
Interior side yard
2 m
50 m
15 m
Rear yard
10 m
50 m
15 m
(1) Loading spaces and areas must comply with setback regulations
c) Landscaped Area and Lot Coveraae
d) Floor Area
i) Minimum floor area for residential uses shall be 110 m2
except a bunkhouse shall be a minimum of 60 m2.
13 -2
Residential uses
Non - Residential
Greenhouses
All other non-
residential uses
Landscaped area
35%
#
#
Lot coverage
15%
15%
5%
d) Floor Area
i) Minimum floor area for residential uses shall be 110 m2
except a bunkhouse shall be a minimum of 60 m2.
13 -2
Section 12 Open Space Zones
e) Height
i) Maximum height of residential uses shall be 10.5 m.
f) Residences for Farm Employees
i) One additional single detached dwelling and /or a maximum
of five bunkhouses where permitted provided they are used
by persons employed on the farm having a minimum lot
area of 20 ha.
12.3.3 NL - Natural Linkage Zone Regulations
a) Lot Area and Lot Frontage
(1) Farm exclusive of buildings require a minimum frontage of 10 m.
b) Yard Setbacks
Residential uses
Non - Residential
Greenhouses
All other non-
residential uses
Lot area
min
4000 M2
2 ha
40 ha
6 m
(max)
6000 m2
16 ha
#
Lot frontage
30 m
150 m
100 m
(1) Farm exclusive of buildings require a minimum frontage of 10 m.
b) Yard Setbacks
Loading spaces and areas must comply with setback regulations
C) Landscaped Area and Lot Coveraae
Residential uses
Non - Residential
Greenhouses
All other non-
residential uses
Front yLrd
6 m
15 m
15 m
Exterior side jLard
6 m
15M
15 m
Interior side jLard
2 m
50 m
15 m
Rear jLard
10M
50 m
15 m
Loading spaces and areas must comply with setback regulations
C) Landscaped Area and Lot Coveraae
d) Floor Area
i) Minimum floor area for residential uses shall be 110 m2
except a bunkhouse shall be 60 m2.
e) Height
i) Maximum height of residential uses shall be 10.5 metres.
f) Residences for Farm Employees
i) One additional single detached dwelling and /or a maximum
of five bunkhouses where permitted provided they are used
13 -3
Residential uses
Non - Residential
Greenhouses
All other non-
residential uses
Landscaped area
35%
#
#
Lot coverage
15%
1 50%
5%
d) Floor Area
i) Minimum floor area for residential uses shall be 110 m2
except a bunkhouse shall be 60 m2.
e) Height
i) Maximum height of residential uses shall be 10.5 metres.
f) Residences for Farm Employees
i) One additional single detached dwelling and /or a maximum
of five bunkhouses where permitted provided they are used
13 -3
Section 12
Open Space Zones
by persons employed on the farm having a minimum lot
area of 20 ha.
12.3.4 P - Park Zone Regulations
a) Yard Setbacks
Front yard
6 m
Exterior side yard
6 m
Interior side yard
7.5 m
Rear yard
7.5 m
b) Height
i) Maximum height shall be 5 m.
12.4 Exception Zones
12.4.4 EP Exception Zones
12.4.1.1 EP -1 ZONE
a. Permitted Uses:
i)
Bed and Breakfast
ii)
Conservation
iii)
Farm
iv)
Flood, erosion and stormwater control
structures
v)
Greenhouse
vi)
Home Occupation
vii)
Passive Park
viii)
Reforestation
ix)
Riding Arena
x)
Riding Stable
A)
Single Detached Dwelling
b. Regulations:
i) Residential and non - residential uses
shall comply with the zone regulations
for residential uses and non - residential
uses within the Agricultural Zone;
ii) Only a farm, greenhouse, riding arena
and /or riding stable that existed as of
November 15, 2001 shall be permitted.
C. Except as amended herein, all other
provisions of this By -law, as amended, shall
apply.
13 -4
I
Section 12 Open Space Zones
12.4.1.2 EP -2 ZONE
a. Permitted Uses:
i) Club house
ii) Conservation
iii) Reforestation
iv) Single Detached Dwelling
b. Regulations:
i)
Lot Area
13 ha
ii)
Lot Frontage
200 m
iii)
Yard Setback
a) Front Yard setback
15 m
b) Exterior Side Yard setback
15 m
c) Interior Side Yard setback
15 m
d) Rear Yard setback
15 m
iv)
Density (max) 16 dwellings
V)
Landscaped Area
10%
vi)
Lot Coverage (max)
5%
vii)
Height
10.5 m
viii)
Club house floor area (max)
200 m2
c. Except as amended herein, all other provisions
of this By -law, as amended, shall apply.
12.4.1.3 EP -3 Zone
a. Permitted Uses
i) Conservation
ii) Farm
iii) Flood, erosion and stormwater control
structures
iv) Private radio communications tower
v) Reforestation
b. Regulations
i) A farm that existed as of November 15,
2001 shall be permitted;
ii) Private radio communications tower
Floor area (max) 50 m2
iii) Height of tower (max) 80 m
C. Except as amended herein, all other
provisions of this By -law, as amended, shall
apply.
13 -5
Section 12
Open Space Zones
12.4.2 NC Exception Zones
12.4.2.1 NC -1 Zone
a. Permitted Uses:
i) Bed and Breakfast
ii) Conservation
iii) Farm
iv) Flood, erosion and stormwater control
structures
v) Greenhouse
vi) Home Occupation
vii) Passive Park
viii) Reforestation
ix) Riding Arena
x) Riding Stable
A) Single Detached Dwelling
b. Regulations:
i) Residential and non - residential uses shall
comply with the zone regulations for
residential uses and non - residential uses
within the Agricultural Zone;
ii) Only a farm, greenhouse, riding arena and /or
riding stable that existed as of November 15,
2001 shall be permitted.
c. Except as amended herein, all other provisions of
this By -law, as amended, shall apply.
13 -6
Section 13
Agricultural Zones
13.0 AGRICULTURAL ZONE CATEGORY
13.1 Zones
13.1.1 The Agricultural Zone Category consists of the following zone:
a) (A) Prime Agricultural Zone
13.2 Permitted Uses
13.2.1
TABLE 13-1
—AGRICULTURAL
PERMITTED USES •
Legend
P Permitted
A
Not permitted
P( Permitted subject to notation
Ec K 71
esrderlti�ss
Bed and Breakfast
P
Bunkhouse
P(1)
Home Occupation
P
Single Detached Dwelling
P
m
Ion- Restdetlitises
Cemetery(3) P
Conservation
P
Farm
P
Farm Occupation
P
Farm Produce Outlet
P
Farm Produce Warehouse
P
Greenhouse( �)
P
Place of Worship(3)
P
Reforestation
P
Riding Arena
P
Riding Stable
P
Sod Farm
P
Notation for Table 13 -1
(1) Only permitted as a second dwelling on the lot for persons employed on the farm
(2) Greenhouse regulations see Section 13.3.1
(3) Applies to uses existing as of November 15, 2001
13 -1
Section 13 Agricultural Zones
13.3 Regulations
13.3.1 A - Prime Agricultural Zone Regulations
a) Lot Area and Lot Frontage
(1) Applies to single detached dwelling only
(2) Farm exclusive of buildings require a minimum frontage of 10 m
b) Yard Setbacks
Residential uses
Non - Residential
Greenhouses
All other non-
residential uses
Lot frontage
30 m
150 m 2
100 m
Lot
P((M in)
4000 m
2 ha
2 ha
area
ax)
7000 M2
16 ha
40 ha
(1) Applies to single detached dwelling only
(2) Farm exclusive of buildings require a minimum frontage of 10 m
b) Yard Setbacks
(,) Loading spaces and areas must comply with vard setback regulations
c Landscaped Area and Lot Coverage
Residential uses
Non - Residential
Greenhouses(,)
All other non-
residential uses
Front yLrd
6 m
15 m
15 m
Exterior side yard
6 m
15 m
15 m
Interior side jLiELrd
2 m
50 m
15 m
Rear yLrd
10 m
50 m
15 m
(,) Loading spaces and areas must comply with vard setback regulations
c Landscaped Area and Lot Coverage
d) Floor Area
i) Minimum floor area for residential uses shall be 110 m2 except a
bunkhouse shall be 60 m2.
e) Height
i) Maximum height of residential uses shall be 10.5 m.
f) Existing Residences
i) Existing residences shall comply with the zone requirements for
residential uses set out above.
g) Residences for Farm Employees
i) One additional single detached dwelling and /or a maximum of
five bunkhouses where permitted provided they are used by
persons employed on the farm having a minimum lot area of 20
ha.
13 -2
Residential uses
Non - Residential
Greenhouses
All other non-
residential uses
Landscaped area
35%
#
#
Lot coverage
15%
15%
5%
d) Floor Area
i) Minimum floor area for residential uses shall be 110 m2 except a
bunkhouse shall be 60 m2.
e) Height
i) Maximum height of residential uses shall be 10.5 m.
f) Existing Residences
i) Existing residences shall comply with the zone requirements for
residential uses set out above.
g) Residences for Farm Employees
i) One additional single detached dwelling and /or a maximum of
five bunkhouses where permitted provided they are used by
persons employed on the farm having a minimum lot area of 20
ha.
13 -2
Section 14 Aggregate Zone
14.0 AGGREGATE EXTRACTION ZONE CATEGORY
14.1 Zones
14.1.1 The Aggregate Extraction Zone Category consists of the
following zone:
a) (AE) Aggregate Extraction Zone
14.2 Permitted Uses
14.2.1
TABLE 14-1
PERMITTED USES —AGGREGATE EXTRACTION ZONE
Legend
P Permitted
Not permitted AE
P # Permitted subject to notation
0- cgiete Extracffstr ='
Pit P
�utrcntra( Mngemn tss x.
Conservation P
��1�1ott�resttte�ttrai�ses � x
Farm P
14.3 Regulations
14.3.1 AE -Aggregate Extraction Zone Regulations
a) Yard Setbacks
(1) Mineral aggregate crusher, Mineral aggregate processing or Mineral aggregate stockpile not
permitted within 90 m of any abutting lot zoned Rural Settlement or within 90 m of a dwelling on
adjacent lands held under distinct and separate ownership
(2) Business and administrative office may be permitted with a 15 m setback
(3) Where interior side vard or rear vard abuts an interior side yard or rear yard of a lot also zoned
AE, the interior side vard or rear yard may be reduced to 15 m
14 -1
Farm
Pit
Front ygrd
13.3.1(b) Non - Residential
uses
30 mt,t (2)
Exterior side and
Interior side yLrd
30 M(1) (2) tat
Rear yLrd
(1) Mineral aggregate crusher, Mineral aggregate processing or Mineral aggregate stockpile not
permitted within 90 m of any abutting lot zoned Rural Settlement or within 90 m of a dwelling on
adjacent lands held under distinct and separate ownership
(2) Business and administrative office may be permitted with a 15 m setback
(3) Where interior side vard or rear vard abuts an interior side yard or rear yard of a lot also zoned
AE, the interior side vard or rear yard may be reduced to 15 m
14 -1
Section 14 Aggregate Zone
b Floor Area
Farm Pit
Floor area (max) 100m2 #
C) Lot covers e
Farm Pit
Lot coverage 113.3.1 (c) Non - Residential uses $
d) Height
Farm Pit
Height (max) 1 13.3.1(c) Non - Residential uses 12 m
14 -2
Section 15 Temporary Zones
15.0 TEMPORARY ZONES (RESERVED)
15 -1
Section 16
Future Development Zones
16.0 FUTURE DEVELOPMENT ZONES (RESERVED)
16 -1
Section 17 Major Recreation Zone
17.0 MAJOR RECREATIONAL ZONE CATEGORY
17.1 Zones
17.1.1 The Major Recreation Zone Category consists of the following
zones:
a) (MR -1) Kirby Ski Resort
b) (MR -2) Mosport Speedway
17.2 Permitted Uses and Regulations
17.2.1 MR -1 Zone
a. Permitted Uses
i) Farm
ii) Ski Resort
b. Regulations
i) Yard setback 15 m
ii) Floor area (max) 1000 m2
17.2.2 MR -2 Zone
a. Permitted Uses
i) Agricultural fairground
ii) Music festival, concerts
iii) Speedway
b. Regulations
i) Yard setbacks
a) Track 50 m
b) Buildings and structures 40 m
c) Other permitted uses 100 m
ii) Floor area (max) 2000 m2
iii) Only a speedway as it existed as of November 15,
2001 shall be permitted.
17 -1
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF MEETING
IZONING BY-LAW FOR THE OAK RIDGES MORAINE
Clm:mgron
Report # PSD-068-05
Municipality of Clarington
TAKE NOTICE that further to the statutory Public Notice dated August 20, 2003, the Council of the Corporation of
the Municipality of Clarington will consider under Section 34 of the Planning Act, 1990, as amended, and Section
10 (5) of the Oak Ridges Moraine Act, 2001, a proposed new Zoning By-law for lands within the Oak Ridges
Moraine, and the repeal and/or amendment of relevant Sections of By-law 84-63, as amended, to facilitate the
adoption of the new zoning by-law for lands within the Oak Ridges Moraine.
DETAILS:
The Provincial Government established the Oak Ridges Moraine Conservation Pian (ORMCP) governing land use
on the Oak Ridges Moraine. The policies of the ORMCP are ecologically driven and have been designed to
balance the many pressures being placed on the Moraine while protecting its key environmental and hydrological
features. The Province requires municipalities to incorporate the policies of the ORMCP into their planning
documents. In June 2004, the Municipality adopted the necessary Official Plan Amendment (Amendment #33),
and now proposes to adopt the implementing Zoning By-law Amendment. At the scheduled meeting Council will
consider:
. adopting a new Zoning By-law for the portion of the Municipality within the Oak Ridges Moraine;
. repealing relevant portions of the existing Zoning By-law 84-63 as it pertains to the lands above the south
limit of the Oak Ridges Moraine; and
. amending necessary sections of By-law 84-63 to facilitate the adoption of the new Zoning By-law.>
Pianning File No.: ZBA 2003-034
The boundaries of the Oak Ridges Moraine are identified on the map below (not to scale):
Taunton Road
Highway 401
MEETING
The Municipality of Clarington will consider the proposed new Zoning By-law, and the amendment of the relevant
portions of Zoning By-law 84-63 at a General Purpose and Administration Committee meeting to be held on:
DATE:
TIME:
PLACE:
Monday, June 6, 2005
9:30 a.m.
Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
Council shall consider adopting the aforementioned By-law, and the amendment of portions of by-law 84-63 at a
special meeting of Council also on June 6, 2005, immediately following the Committee meeting.
Should you wish to attend the meeting and/or make written or verbal representation either in support of or in
opposition to the proposal you must register with the Clerks Department by the Wednesday noon, June 1, 2005 to
have your name appear in the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law and Amendments to Zonin9 By-law 84-63, as amended, you must submit a written request to the
Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanviile, Ontario L 1C 3A6.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or bycaliing
Heather Brooks at (905) 623-3379 extension 331 or by email athbrooks@municipaiity.clarington.on.ca.
Alternatively, you may visit the municipal website at www.clarington.net.
APPEAL
In accordance with Section 10(5) of the Oak Ridges Moraine Conservation Act (2001) the new Zoning By-law, the
repeal and amendments to relevant portions of By-law 84-63, as amended, will be approved by the Minister of
Municipal Affairs and Housing and Is not subject to appeals under Section 34 (19) of the Planning Act.
Dated at the Municipality of Clarington this 12th day of May 2005
Da Crome, M.C.I.P., RP.P.
Director of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6