HomeMy WebLinkAbout2015-062CORPORATION OF THE MUNICIPALITY OF C LARINGTON
BY-LAW NO. 2015-062
being a By-law to amend Zoning By-law 84-63.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By-law 84-63 is amended as set out in Sections 2 through 72 of this By-law.
2. Section 2 - DEFINITIONS, is amended as follows:
a) The following definitions are deleted: "FAMILY", "GROUP HOME", "KENNEL,
COMMERCIAL", "KENNEL, PRIVATE", "NURSING HOME", "SENIOR
CITIZENS' APARTMENT BUILDING", and "SPECIAL EVENT".
b) The following definitions are added:
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.
CATERER
Shall mean an establishment in which meals are prepared and delivered for
consumption off the premises. The term caterer does not include an eating
establishment.
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.
CLUB HOUSE FACILITY
Shall mean a facility accessory to a golf course or a private club which may
include uses such as a pro -shop, snack bar, banquet facility and a
lounge/recreation area.
CONVENTION CENTRE
Shall mean an establishment having facilities for meetings, seminars,
exhibitions, workshops, and other similar activities to serve participants but
does not include sleeping accommodations.
CONDOMINIUM
Shall mean a building or grouping of buildings in which units are held in
private ownership and floor space, facilities and/or outdoor areas used in
common are owned, administered and maintained by a corporation created
pursuant to the provisions of the appropriate statute.
CONDOMINIUM, COMMON ELEMENT
Shall mean spaces and features owned in common by all shareholders in a
condominium and may include common element roadways, walkways,
sidewalks, parking and amenity areas.
CONDOMINIUM, COMMON ELEMENT ROADWAY
Shall mean a right -of way for vehicular access that is privately maintained by
a corporation created pursuant to the provisions of the appropriate statute.
IN _11 au: •: u
Shall mean a building or structure fitted with appliances for the purpose of
cremating human remains under the Funeral, Burial and Cremation Services
Act, as amended. Ancillary uses may include a chapel or other operational
functions related to a cemetery.
DWELLING, LINKED
Shall mean a building constructed to be separated vertically into two
separate dwelling units, connected underground by footing and foundation,
and does not share a common wall above ground, each of which has an
independent entrance directly from the outside of the building and each of
which is located on a separate lot.
ENERGYINDUSTRY
Shall mean an establishment that focuses on the development,
commercialization and/or demonstration of energy products and services,
including assembly, manufacturing, fabricating or processing activities that
are not offensive by reason of the amount of noise, smoke, odour, emissions,
or vibration produced, but not including a recycling facility, material sorting or
dismantling, a waste management or processing facility, or a waste
incineration facility are excluded.
Page 12
ENERGY RELATED:
Shall mean a use within a building or structure that is directly involved in the
administration, distribution, research and development, testing or production
of energy and energy related products.
ESTABLISHMENT
Shall mean a building, structure and/or area of land within or on which any
activity referred to in this By-law is conducted.
FITNESS CENTRE
Shall mean an establishment that provides facilities for recreational or athletic
activities, including but not limited to body-building and exercise classes.
FLEA MARKET
Shall mean an establishment for occasional or periodic sales activity where
floor space is rented or licenced to ten or more individual sellers offering
goods, new and used, and where the space allocated to each individual
seller is not physically separated by walls which extend from the floor to
ceiling from the space allocated to other individual sellers.
GOLF DRIVING RANGE
Shall mean an outdoor facility operated for the purpose of developing golfing
techniques, including miniature golf, but excluding golf courses.
GOLF DRIVING RANGE, INDOOR
Shall mean an enclosed facility operated for the purpose of developing
golfing techniques but excludes golf courses.
HOME CRAFT
Shall mean the crafting of small items that are made by hand or with the use
of small tools.
KENNEL
Shall mean a building or structure within which four or more dogs or cats are
being bred, kept or boarded for profit and includes any associated lands.
LANE, PUBLIC
Shall mean a street or road under the jurisdiction of the Corporation of the
Municipality of Clarington, having a right of way width of 10 metres or less
which is maintained so as to allow normal vehicular access to garages and
parking spaces on adjacent properties throughout all seasons of the year.
LIGHT EQUIPMENT
Shall mean 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
Page 13
equipment, sporting equipment, party supplies, and other similar tools and
accessories.
LIGHT EQUIPMENT SERVICE
Shall mean an establishment where light equipment is serviced or repaired.
u•I_I mo NMI
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,
which may be furnished but not occupied as a residence while being used.
MINIMUM DISTANCE SEPARATION FORMULAE
Shall mean a guideline established by the Province to minimize nuisance
complaints due to odour and thereby reduce potential land use conflicts by
determining appropriate separation between livestock and manure storage
facilities and neighbouring non-agricultural uses, including residential,
institutional, industrial, commercial, or recreational uses.
Shall mean a vehicle used exclusively for the sale of food and beverages,
designed and intended to move from one location to another on a regular
basis and on short notice and may include facilities for cooking.
NOT-FOR-PROFIT ORGANIZATION
Shall mean a registered charitable or registered not-for-profit organization
that operates for cultural, educational, or religious goals, social welfare,
recreation, amateur sport or any other similar community initiative for any
purpose except profit.
PARKING STRUCTURE
Shall mean a part of a building which is provided and maintained for the
purpose of parking vehicles, and may include parking spaces, parking aisles
and access ramps, common areas for stairs and elevators, storage areas for
tenants, and mechanical rooms.
PET HOME CARE
Shall mean a home occupation that provides temporary care, grooming and
training of dogs or cats for continuous periods not exceeding 24 consecutive
hours.
REFRESHMENT CART
Shall mean any non -motorized vehicle used exclusively for the sale of
prepackaged food and beverages, which does not include facilities for
cooking.
RESEARCH AND DEVELOPMENT FACILITY
Shall mean an establishment used for the purpose of conducting pure and
applied research and experimentation and includes such facilities as
administrative offices, laboratories, lecture rooms, display rooms, pilot units,
Page 14
simulating equipment and the like and service and machine shops to serve
the research and development facility.
SITE ALTERATION
Shall mean activities such as filling, grading and excavation that would
change the landform and natural vegetative characteristics of land, but does
not include.
a. the construction of facilities for transportation, infrastructure and
utilities uses, by a public body; or
b. activities or works under the Drainage Act; and
C. the carrying out of agricultural practices, on land that continues to
be used for agricultural uses.
SPECIAL EVENT, PRIVATE
Shall mean an event, the duration of which is temporary in nature, for the
purpose of celebrating a special occasion which is not open to the public and
is not conducted for profit or gain.
SPECIAL EVENT, PUBLIC
Shall mean a cultural, recreational, educational or similar event including
fairs, festivals and carnivals, the duration of which is temporary in nature. It is
open to the public and may be conducted for profit and gain. The term
special event shall not include a motorized recreational competition.
STATIONARY REFRESHMENT VEHICLE
Shall mean a vehicle used exclusively for the sale of food and beverages,
which may contain cooking facilities; must be parked or placed in a specific
location in order to operate; and although it may be moved at the end of the
work day, or to various different locations on a daily basis, it cannot close
down and relocate on short notice.
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.
VISIBILITY TRIANGLE
Shall mean a triangular-shaped area of land abutting an improved public
street, public lane, or private street 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 improved public street or private
street.
c) By replacing the titles of the following definitions as set out below:
"PARKING SPACE, DISABLED PERSONS" with "PARKING SPACE,
ACCESSIBLE";
"LAUNDRY, COIN OPERATED" with "LAUNDRY'; and
Page 15
"RECREATIONAL COMPETITION" with "RECREATIONAL COMPETITION,
MOTORIZED".
d) By replacing the following definitions as set out below:
"APARTMENT BUILDING
Shall mean a separate building containing 4
common entrance from street level and the
rights to the use of all common halls, stairs
areas.
BOARDING OR ROOMING HOUSE
or more dwellings which have a
occupants of which have equal
, elevators, yards, and amenity
Shall mean a building in which more than 2 and less than 6 bedrooms
intended for use as separate living accommodations, without kitchen
facilities, are rented. Shared bathroom, kitchen and living facilities may be
provided. The building may include a dwelling unit for the proprietor and/or
his agent.
DWELLING
Shall mean two (2) or more habitable rooms, designed or intended for use by
one household, in which sanitary facilities and one kitchen are provided for
the exclusive use of the household, in which a heating system is provided,
and, which has a private entrance from outside the building or from a
common hallway or stairway inside the building. For the purposes of this By-
law a dwelling does not include a tent, trailer, mobile home, or a room or
group of rooms in a boarding or rooming house, a hotel, motel, motor hotel or
camping establishment. For the purpose of this definition, dwelling shall also
mean dwelling unit.
DWELLING DUPLEX
Shall mean the whole of a building that was constructed with vertical or
horizontal dividing walls, creating two separate dwellings, each of which has
an independent entrance either directly from the outside or through a
common vestibule.
DWELLING, SEMI-DETACHED
Shall mean a building constructed to be separated vertically into two
separate dwelling units, connected by a common wall above and below
ground, each of which has an independent entrance directly from the outside
of the building and each of which is located on a separate lot.
But does not include a dwelling unit to be erected next to or added onto an
existing single detached dwelling.
EATING ESTABLISHMENT
Shall mean an establishment where prepared food and beverages are
offered for sale to customers.
EATING ESTABLISHMENT, TAKE-OUT
Shall mean an eating establishment where tables and/or counters for the use
of customers are not provided.
71•1l FOOT91019MIT900,
Shall mean an occupation or business that is carried on within a dwelling as
an accessory to a permitted residential use.
LANDSCAPED OPEN SPACE
Shall mean the open unobstructed space from ground to sky at finished
grade on a lot which is used exclusively for landscaping, and includes any
surfaced walk, patio, deck or similar area no more than 200 mm above
finished grade, at its highest point, but does not include any driveway or
ramp, whether surfaced or not, any curb, retaining wall, parking area or any
open space beneath or within any building or structure.
WAVIIINIT0.0
Shall mean a commercial establishment where the service of laundry
cleaning, using only water, detergents and additives, is made available to the
public.
LOT COVERAGE
Shall mean that percentage of the lot area at finished grade covered by all
buildings or structures. An outdoor swimming pool; and a patio or deck no
more than 200 mm above finished grade, at its highest point; shall not be
considered as a structure for the purpose of calculating lot coverage. 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.
LOT FRONTAGE
The minimum straight-line distance between the side lot lines measured
along the front lot line of a lot. Where the front lot line is not a straight line or
where the side lot lines are not parallel, the lot frontage is measured along a
line parallel to the chord of the lot frontage and set at 6 metres from the front
lot line. The chord of the lot frontage is measured as a straight line joining the
points where each side lot line intersects the front lot line.
FIGURE 4: DETERMINING LOT FRONTAGE
PR jv� �4, Ro/
.il�� qlj
BUILDING
REQUIRED FRONT YARD SETBACI{
RECREATIONAL COMPETITION, MOTORIZED
Shall mean 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.
RETIREMENT HOME
Shall mean a residential facility, licensed by the Retirement Home Regulatory
Authority, that provides accommodation in suites primarily for retired persons
or couples. Such suites shall not have a stove or range and shall have
separate entrances from a common hall. Common facilities for the
preparation and consumption of food are provided. Common lounges,
recreation rooms, medical care facilities and ancillary uses such as a beauty
salon, barber shop or tuck shop may also be provided.
Page 18
e)
E'.
fl
By adding the following figure to the definition of ESTABLISHED BUILDING
LINE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES:
FIGURE 1: DETERMINING ESTABLISHED BUILDING LINE
STREET / PRIVATE ROAD
AVERAGE SETBACK
REQUIRED
-- -- FRONT
YARD
SETBACK
ESTABLISHED / EXISTING
BUILDINGS
By adding the following figure to the definition of HEIGHT OF BUILDING
FIGURE 2: DETERMINING HEIGHT OF A BUILDING OR STRUCTURE
i
FRONT i W SIDE FLAT ROOF
GRADE � W
RIDGE
1/2
--------
1/2 F EAVE HIP ROOF
C7 OR
FRONT SIDE GABLE ROOF
GRADE
RIDGE
ROOF DECK LEVE
-----T
i
EAVE MANSARD ROOF
OR
FRONT GRADE SIDE GAMBREL ROOF
RIDGE
1/2
1/2--------- EAVE
---� SALT BOX ROOF
EAVE
FRONT i SIDE
GRADE �
•
0
g) By adding the following figure to the definition of LOT, CORNER:
FIGURE 3: DETERMINING A CORNER LOT
STREET / PRIVATE ROAD
STREET LINE
EXTERIOR
I3S9d�GL���?
SIDE YARD
... .....
G
a
BUILDING
REAR�
H
d
YARD BUILDING YAORNDT
O
h) By adding the following figure after the definition of YARD:
FIGURE 5: TYPES OF YARDS
1 t
i
-----------------i \ --
STREET / PRIVATE ROAD
EXTERIOR SIDE LOT LINE
EXTERIOR
Q
SIDE YARD
... .....
a
REAR�
H
d
YARD BUILDING YAORNDT
O
a
c,
Z
O
INTERIOR
C4
W
SIDE YARD
w
a
INTERIOR SIDE LOT LINE
i
Sections 3.1 c., d., e. and g. are replaced as follows:
3.1 c. Regulations — Accessory Buildings, Structures and Uses table provides
regulations for accessory structures. Where a zone category is not identified in the
table, the accessory building/structure and use shall comply with the parent zone
regulations where specified.
Page 110
REGULATIONS ACCESSORY
Yard Setbacks
Type of Total Lot Total Height
Structure coverage accessory (max)
(max) Floor Area Front Rear Interior Exterior
(max) Side Side
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120 m2 with a
3 metres with
1.2 m
a floor area
minimum lot
equal to or
or
area of 2
0 m to a
Accessory
hectares
less than 10
common
Building or
10% of lot area
m2
Zne
1.2 m
wall with a
Zne
Structure
90 m2 with a
Regulation
detached
Regulation
lot area less
4.5 metres
garage on
than 2
with a floor
an abutting
hectares
area greater
lot
than 10 m2
Swimming
Not
Not
Zone
Not Applicable
1.2 m
1.2 m
1.2 m
Pool
Applicable
Applicable
Regulation
v Urai� E�esident�� mattes
0.6 m
3 metres with a
Accessory
0.6 m
floor area equal
Buildings
or
to or less than
Not
Om to a
6.0 m from
Accessory
10 m2
Permitted
common
the streetline
Building or
10% of lot area
60 m2
0.6 m
wall with a
to a
Structure
4 metres with
Accessory
detached
detached
a floor area
Structures
garage on
garage with
greater than
Zone
an abutting
a garage
10 m2
Regulation
lot
door facing
the exterior
side yard.
Swimming
Not
Not
Not
Not Applicable
1.2 m
1.2 m
1.2 m
Pool
Applicable
Applicable
Permitted
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50% of
3 metres with
a floor area
ground floor
less than
area of a
10m2
Not
Zone
All uses
Not Applicable
principal
1.2 m
1.2 m
Permitted
Regulation
building to a
4.5 metres
maximum of
60 m2
with a floor
area greater
than 10m2
4. Section 3.1 j. iv) is replaced as follows:
"Balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached
or directly abutting the principle or main building; either above or below grade; may
project into any required front, side, or rear yard to a distance of not more than 1.5
metres, but in no instance shall a required side yard be reduced to below 0.6 metres;
5. Section 3.1 j. vi) is replaced as follows:
Fences, freestanding walls, flag poles, clothes poles, diving boards, antennae,
light standards, and similar accessory structures and appurtenances, and hedges,
trees, and shrubs are permitted in accordance with Section 3.27.
6. By deleting Section 3.4 (DWELLING UNITS BELOW GRADE) and renumbering
the remaining sections.
7. By replacing Section 3.9 FRONTAGE ON IMPROVED PUBLIC STREET,
UNASSUMED ROAD AND PRIVATE RIGHT-OF-WAY as follows:
a. Improved Public Street
No building or structure shall be erected in any Zone, unless the lot fronts
upon an improved public street, maintained year round.
b. Unassumed Street
Buildings or structures are permitted on an unassumed street provided they
are on a lot in a Registered Plan of Subdivision.
C. Private Right -of -Way
i) A building or structure constructed prior to the date of the passing of this
By-law that is not located on an improved public street, or is located on
a private right-of-way, may be enlarged, altered or renovated and an
accessory structure may be constructed, provided the use is permitted
in the zone in which it is located.
ii) A building permit may be issued for a lot created prior to the date of the
passing of this By-law for a lot that has access to a private right-of-way
provided the use is permitted in the zone in which it is located.
d. Private Street
A building or structure may be permitted on a lot which has frontage on a
Private Street where such Private Street existed at the date of passage of
this by-law, or where such street is shown on a site plan approved under the
Planning Act.
Page 112
0
X
By replacing Section 3.11 HOLDING ZONE as follows:
"Unless otherwise specified within the respective zone regulations, where the zone
symbol shown on a Schedule to this By-law is preceded by the letter (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, or
used for any purpose other than for the purpose of continuing the existing use, or
for the purpose of conservation."
By replacing Section 3.12 HOME OCCUPATION as follows:
"3.12 HOME OCCUPATION
a. Permitted Uses
L7
c
i) adult home care;
ii) business, professional or administrative office;
iii) caterer;
iv) children's home care;
v) home craft business;
vi) instructional services;
vii) light service shop;
viii) personal service;
ix) pet home care; and
x) repair and retail sales of antiques.
Excluded Uses
i) furniture refinishing,
ii) light equipment service;
iii) motor vehicle body shop;
iv) motor vehicle repair garage; and
v) retail sales, with the exception of antiques and home craft products.
Regulations
The following regulations apply to dwelling units wherein a home occupation
is permitted:
i) The home occupation is limited to the members of the household
residing in the dwelling unit, plus one additional person.
ii) There shall be no display, other than a sign erected in conformity with
the By-laws of the Municipality, to indicate to persons outside that any
part of the dwelling unit or lot is being used for a purpose other than
residential.
iii) Such home occupation shall be clearly secondary to the main
residential use and shall not change the residential character of the
dwelling unit nor create or become a public nuisance due to the levels
traffic, parking, noise, glare, dust, odours, or vibration and hours of
operation.
iv) Such home occupation shall not interfere with communication signals.
Page 113
v) Not more than twenty-five (25) percent of the total floor area of the
dwelling unit shall be used for the purposes of the home occupation use
except in the case of a Bed and Breakfast or Vacation Farm
Establishment and such home occupation shall be conducted within the
principal residence.
vi) Parking shall be provided in accordance with Section 3.16.
vii) There shall be no outside storage of goods or materials associated with
a home occupational use.
viii) 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 for adult home care establishment.
ix) 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 for children's home care.
x) A pet home care may accommodate a maximum of three dogs,
including the owner's dogs. The rear yard of the dwelling may be used
for pet home care.
A) Instructional services may accommodate a maximum of three students
at a time. The rear yard of the dwelling may be used for instructional
service of an individual."
10. By replacing Section 3.14 MULTIPLE ZONES ON ONE LOT as follows:
"Where a lot is divided into more than one zone, under the provisions of this 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 portion of
the lot conforms, this By-law limit shall not be a zone limit for defining yard
setbacks, except for the setback requirements of Section 3.21."
11. The title of Section 3.16 b. is replaced with "Accessible Parking Spaces".
12. Section 3.16 b. i) is replaced as follows:
"Each accessible parking space shall be a minimum 4.5 metres wide and 5.7
metres long. When paired, the width can be reduced to 3.4 metres, provided a 1.5
metre access aisle is located between the paired spaces."
13. Section 3.16 c. is replaced as follows:
C. Parking Space Sizes
Each parking space shall be a minimum of 5.7 m by 2.75 m.
Page 114
i) Where the two outdoor parking spaces for single detached, semi-
detached and/or townhouse units are provided side by side the
combined minimum width of the two spaces may be reduced to 4.6 m.
iii) Parking spaces provided in the front yard for detached, semi-detached
and/or townhouse units must not reduce the minimum landscaped open
space within the front yard below 30 percent.
iv) Parking space size perpendicular to a landscaping strip having a
minimum width of 3.0 metres may be reduced in size to 5.2 metres in
length by 2.75 metres in width.
14. Section 3.16 e., "Parking Space Requirement Table" Residential (i) is replaced as
follows:
Apartment, Four-plex, Six-plex, or 1 Bedroom Apartment - 1 space per unit.
Converted Dwelling House 2 Bedroom Apartment - 1.25 spaces per unit.
Apartment containing 3 or more bedrooms, four-plex,
converted dwelling or triplex house - 1.5 spaces per
unit.
Plus 0.25 visitor spaces per dwelling, 10 % of which
are to be accessible parking spaces.
15. Section 3.16 e., the "Parking Space Requirement Table" Residential (ii) is
amended by replacing the term "Boarding or Lodging House" with "Boarding or
Rooming House"; deleting the word "guest" after the word "per"; and adding the
words "provided for separate living accommodation" after the word room.
16. Section 3.16 e., the "Parking Space Requirement Table" is amended by replacing
Residential (iv) as follows:
"(iv) Linked Townhouse Two parking spaces per dwelling
and Stacked Townhouse
Plus 0.25 visitor spaces per dwelling, 10% of which are to be accessible parking
spaces".
17. Section 3.16 e., the "Parking Space Requirement Table" Residential (v) is amended
by adding the words "or Garden Suite" after "Apartment -in-house"
18. Section 3.16 i. iv) is amended by replacing the words "a front, interior side or rear"
with the word "any" before the word "yard".
Page 115
19. Section 3.16 k. is amended by deleting the words "In addition to the foregoing
provisions" in the first line; and by adding the words "unrelated to a farm use" after
the word "vehicles," in the second line of the third paragraph.
20. By adding the following Section and renumbering the remaining sections:
"3.19 REFRESHMENT VEHICLES AND CARTS
a. A mobile refreshment vehicle and/or refreshment cart may be operated it
association with a special event, provided that all licenses and permits,
required under the Special Event and Refreshment Vehicle By-laws have
been obtained.
b. A stationary refreshment vehicle shall only be located in a defined parking
area.
C. The location of the stationary refreshment vehicle shall not reduce the
minimum number parking spaces."
21. Section 3.21 c. is replaced as follows:
d. No residential, institutional, industrial, commercial or recreational use, located
on a separate lot otherwise permitted by this By-law shall be erected or
enlarged unless it complies with the Minimum Distance Separation Formulae.
e. No livestock facility shall be erected or enlarged unless it complies with the
Minimum Distance Separation Formulae.
Subsection d. shall not apply to a residential building constructed on an
existing lot or a lot within a registered plan of subdivision.
g. Subsection e. shall not apply to a livestock facility located within the limits of
a settlement area.
22. Section 3.21 d. is replaced as follows:
No building containing a residential or institutional use shall be located closer than
30.0 metres from any railway property line.
23. By adding the following Section:
"3.23SPECIAL EVENTS
a. Public Special Events are permitted:
i) On a lot owned by a public authority, school, college, university, or
place of worship.
ii) Within a Zoological Park
iii) Within a Commercial or Industrial Zone
b. A private or public special event hosted by a Not -for -Profit Organization is
permitted in all lands, except those zoned Environmental Protection;
c. A private special event is permitted on any lot where a residential use exists
and is permitted.
Page 116
d. Regulations for Special Events:
i) A Special Event permit must be obtained from the Municipality, if
applicable.
ii) The combined total duration of all special events held on one lot shall
not exceed seven days in a calendar year.
iii) 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 3.16 for the
commercial or industrial uses on the lot.
iv) Special events, where a permit has been issued by the Municipality are
not subject to the parking and loading space requirements set out in
Sections 3.13 and 3.16.
v) A temporary building or structure is permitted provided it conforms to
the setbacks set out in Section 3.1 c.
vi) No Site Alteration is permitted."
24. By adding the following Section:
"3.25 TEMPORARY SALES OFFICES AND MODEL HOMES
a. A building permit for a model home in a draft approved plan of subdivision may
be issued provided that:
i) the model home is located in the draft approved subdivision plan;
ii) the developer has entered into a subdivision agreement with the
Municipality;
iii) the developer has entered into an agreement with the appropriate public
authority regarding the provision of sanitary sewer and water services;
and
iv) the model home complies with the regulations of the zone in which it is
located.
b. 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 or cease operation no later than 2 months from
the date of the sale of the last lot within a plan of subdivision of unit within a
plan of condominium or the occupation of the last dwelling.
C. A minimum of eight parking spaces shall be provided for a model home or a
temporary sales office."
25. Existing Section 3.22 VISIBILITY TRIANGLES is replaced as follows:
"3.27 VISIBILITY TRIANGLE
a. A visibility triangle shall be determined as follows:
i) the visibility triangle adjacent to an exterior side lot line, where a sight
triangle has not already been dedicated to the road authority, shall be the
Page 117
area enclosed by each of the street lines measured to a point 7.5 metres
back from the intersection of the street lines, and a diagonal line drawn
between these two points;
ii) the visibility triangle for a driveway, lane, or right-of-way shall be the area
enclosed by the line along the limits of the driveway and the street line
measured to a point 3 metres back from the intersection of the street
lines and the limits of the driveway, or right-of-way and a diagonal line
drawn between these two points.
b. Within a visibility triangle:
i) no building or structure shall be constructed, no motor vehicle, trailer or
recreational vehicle shall be parked or stored;
ii) no fence shall be constructed with a height greater than 0.75 metres;
iii) no landscaping feature, including shrubs or trees, are permitted that
would impede vision between 0.75 metres and 2.5 metres of height; and
iv) no parking space or driveway shall be permitted within a visibility triangle
formed at the intersection of any combination of improved public streets,
public lane, private streets, or rights-of-way."
FIGURE 6: DETERMINING VISIBILITY TRIANGLES
STREET / PRIVATE ROAD
STREET LINE
( EXTERIOR SIDE LOT LINE)
� VISIBILITY TRIANGLE ON A CORNER LOT
VISIBILITY TRIANGLE ADJACENT A DRIVEWAY
DRIVEWAY
26. By adding the following Section:
"3.28 0.3 METRE RESERVES
PROPERTY LINE
a. A 0.3 m reserve shall be considered to be part of the abutting
Public Street.
Page 118
*— 7.5i
T�--
i
i
x
'x:
W
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a
is
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STREET / PRIVATE ROAD
STREET LINE
( EXTERIOR SIDE LOT LINE)
� VISIBILITY TRIANGLE ON A CORNER LOT
VISIBILITY TRIANGLE ADJACENT A DRIVEWAY
DRIVEWAY
26. By adding the following Section:
"3.28 0.3 METRE RESERVES
PROPERTY LINE
a. A 0.3 m reserve shall be considered to be part of the abutting
Public Street.
Page 118
b. Notwithstanding subsection (a) above, a 0.3 m reserve shall be
considered to be part of the lot for the purpose of measuring an exterior side
yard setback."
27. Sections 5.2.5, 6.4.15, 6.4.27, 6.4.35, 12.4.27, 12.4.37, and 13.4.17 are amended
by deleting the word "family" and replacing it with the word "detached.
28. Sections 6.1 a. iii), 6.4.1 a. iii), and 12.4.26 are amended replacing the word "family"
with the word "household".
29. Sections 6.1 b. v), 6.4.14, and 6.4.14 a), are amended by deleting the word
"commercial" before the word "kennel".
30. Section 6.1 b. ix) (Private Kennels) and 6.4.1 b. v) (Private Kennels) are deleted.
31. By deleting Section 6.4.16 (AGRICULTURAL EXCEPTION (A-16) ZONE), 9.3.2
(RESIDENTIAL HAMLET EXCEPTION (RH-2) ZONE) and 12.4.6 (URBAN
RESIDENTIAL EXCEPTION (R1-6) ZONE) (Group Homes)
32. Sections 6.4.25 a), and 6.4.83 a) are deleted (definitions of Golf Driving Range,
Indoor Golf Driving Range, and Club House Facility).
33. Section 6.4.58 is revised by deleting the last paragraph (definition of Golf Driving
Range).
34. Section 6.4.64 a. is deleted (definitions of Crematorium and Landscape Strip).
35. Section 6.4.65 b. is revised by deleting the second paragraph (definition of Flea
Market).
36. By replacing the term "Nursing Home" with "Long Term Care Facility" in Sections
12.4.3; 12.4.26; 14.6.26 b. ii) and c.; 15.4.20 a., b. iv) and c.; 15.4.25 a.; 15.4.32;
15A; 16.1 b. xii); and 16.5.38 b. ii).
37. Section 12.4.31 URBAN RESIDENTIAL EXCEPTION (R1-31) is replaced as
follows:
"Notwithstanding Section 12.1, only a linked dwelling may be permitted on those
lands zoned R1-31 on the Schedules to this By-law. The placement of buildings
and structures shall be subject to the zone regulations as set out in Section 12.2."
38. Section 12.4.36 is amended by deleting the words "group home".
Page 119
39. Section 12.4.65 URBAN RESIDENTIAL EXCEPTION (R1-65) ZONE is replaced
as follows:
"Lands zoned R1-65 on the Schedules to this By-law may, in addition to the other
uses permitted in the R1 Zone, be used for a Garden Suite until January 30,
2016."
40. Section 14.1 a. v) is amended by adding the words "or rooming" after the word
"boarding".
41. Sections 14.6.24 i. i) c), 15.4.19 b. viii), 16.1 b. ix), 16.5.17 a. viii), 16.5.35 b. xiii),
16.5.46 c. iv), 16.5.56 c. ix), 17.1 b. v), 17.5.2 a. iv), 22.4.8.b iv), 22. B.2 b. x) are
amended by deleting the words "coin operated".
42. Sections 14.6.25 a. i), 14.6.26 a. i), 14.6.31 a. i), 14.6.35 a., 14.6.41 a. i), and
14.6.42 a.i) are deleted (definition of Dwelling, Stacked Townhouse).
43. Sections 14.6.26 a. ii), 15.4.23 a. i), and 15.4.32 a., are deleted (definition of
Retirement Home).
44. Sections 14.6.26 b. iv), 14.6.26 c., and 15.4.22 b. i) are amended by deleting the
words "Senior Citizens"' before the words "Apartment Building".
45. Section 15.1 a. is revised by adding the following:
"ii) Long Term Care Facility; and
iii) Retirement Home."
46. Sections 15.4.21 a.i), 15.4.22 a. i), 16.5.11 a. i), 16.5.15 a.x), 16.5.20 a. i), 16.5.21
a. i), 16.5.22 a. i), 16.5.26 a. i), 16.5.27 a. i), 16.5.39 a. iii), and 20.4.13 a. i) are
deleted (definition of Landscaping Strip).
47. Sections 15.4.29 a. i), and 15.4.30 a. i) are deleted (definition of Underground
Parking Structure).
48. Section 15.4.35 a. and 15.4.36 a., which references Section 15.4.35 a., are
deleted (definitions of Long Term Care Facility, Retirement Home and
Underground Parking Structure).
49, Section 15A. MAJOR INSTITUTIONAL (P1) ZONE is revised by adding the word
"urban" in front of the word "residential" in Sections 15A.2 c iii) and iv); and by
deleting the definition of "Residential Zone" in Section 15A.3.
50. Section 16.1 b. is revised by adding the following and renumbering the balance:
"xxviii) Stationary Refreshment Vehicle provided the property was identified in a
Stationary Refreshment Vehicle license issued by the Municipality prior to
September 21, 2015 and the property has continuously been identified in an
Page 120
annual stationary Refreshment Vehicle license issued by the Municipality since
that date."
51. Section 16.1 c. the last sentence is deleted (Holding Zone).
52. By replacing the term "Bakery shop" with "Bakery" in Section 16.1 b. ii).
53. By adding the following new Subsection to Section 16.2 REGULATIONS FOR
RESIDENTIAL USES:
"c. Dwelling units may be permitted in the rear portion of the ground floor, or on
the second floor or above. Where a dwelling unit occupies a portion of the
ground floor, a permitted non-residential use must occupy all of street facing
portion of the building.
54. Section 16.5.3 GENERAL COMMERCIAL EXCEPTION (C1-3) is revised by
adding the word "urban" in front of the word "residential" in Sections a., a. ii) b),
a. iv) c), and a. iv) d); and by deleting the definition of "Residential Zone in Section
a. vii) b).
55. Section 16.5.35 b. is revised by adding the following:
"xx) Stationary Refreshment Vehicle provided the property was identified in a
Stationary Refreshment Vehicle license issued by the Municipality prior to
September 21, 2015 and the property has continuously been identified in an
annual stationary Refreshment Vehicle license issued by the Municipality
since that date."
56. Section 16.5.30 General Commercial Exception (C1-30) Zone is revised by adding
the word "urban" in front of the word "residential" in Sections (1) b. ii), (1) d. iii), and
(1) d. iv), and by deleting the definition of "Residential Zone" in Section 16.5.30 h)
iv).
57. Section 16.5.32 General Commercial Exception (C1-32) is revised by adding the
word "urban" in front of the word "residential" in section (2)a. ii); and by deleting the
definition of "Residential Zone" from section (3) c).
58. Section 16.5.38 b. iv) is deleted (Senior Citizen's Apartment Building).
59. Section 18.1 b. is revised by adding the following:
"xiv) Stationary Refreshment Vehicle as a permitted use"
60. Section 19.1 b. is revised by adding the following and renumbering the balance.
"iv) A convention centre; and
xvii) Stationary Refreshment Vehicle as a permitted use."
61. Section 20.4.14 c. is revised by adding the following and renumbering the balance:
"ii) A convention centre."
Page 121
62. Section 21.1 b. is revised by adding the following:
"iv) Stationary Refreshment Vehicle as a permitted use".
63. Section 22A.4.2 is amended by adding the following and renumbering accordingly:
"i) Notwithstanding Section 22A.2 b. a Stationary Refreshment Vehicle provided
the property was identified in a Stationary Refreshment Vehicle license
issued by the Municipality prior to September 21, 2015 and the property has
continuously been identified in an annual stationary Refreshment Vehicle
license issued by the Municipality since that date."
64. Sections 23A.1, 23B.1, 23C.1, 23D.1 and 23E.1 are deleted.
65. Schedule "3" is amended by changing the zone designation from:
"Agricultural Exception (A-16) Zone" to "Agricultural (A)", as illustrated on the
attached Schedule "A-1".
66. Schedule "3" is amended by changing the zone designation from:
"Urban Residential Exception (R1-6) Zone" to "Urban Residential Type One (R1)
Zone", as illustrated on the attached Schedule "A-2".
67. Schedule "3" is amended by changing the zone designation from:
"Urban Residential Exception (R1-6) Zone" to "Urban Residential Type One (R1)
Zone", as illustrated on the attached Schedule "A-3".
68. Schedule "3" is by changing the zone designation from:
"Urban Residential Exception (R1-6) Zone" to "Urban Residential Exception (R1-
12) Zone", as illustrated on the attached Schedule "A-4".
69. Schedule "6" is amended by changing the zone designation from:
"Residential Hamlet Exception (RH-2) Zone" to "Residential Hamlet (RH) Zone", as
illustrated on the attached Schedule "A-5"."
70. This By-law shall come into effect on the date of its passage, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW passed in open session this 21St day of September, 2p: )
Adrin Fost Mayor
ee ree, Municipal Clerk
Page 122
This is Schedule "A-1" to By-law 2015- 062 ,
passed this 21St day of September , 2015 A.D.
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