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HomeMy WebLinkAboutPSD-116-03e ' sµ CIarJ~~gton Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 22, 2003 Gf~-39G -03 Report #: PSD-116-03 File #: COPA 2003-007, By-law #: COPA 2003-008 and ZBA 2003-034 Subject: OAK RIDGES MORAINE CONFORMITY AMENDMENTS TO CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-116-03 be received: 2. THAT proposed Amendments 33 and 34 and the draft of the new Municipality of Clarington Zoning By-law -Oak Ridges Moraine to implement the Oak Ridges Moraine Conservation Plan be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT the Ministry of Municipal Affairs and Housing and Region of Durham be forwarded a copy of this report and Council's decision; and 4. THAT all interested parties listed in this report, the Region of Durham, and any delegation be advised of Council's decision. J,~~~, ~~ Submitted by: David rome; M.C.I.P., R.P.P. Reviewed by: Franklin Wu, Director of Planning Services Chief Administrative Officer HB*CP*DJC*df September 17, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 501 ° REPORT NO.: PSD-116-03 ..PAGE 2 1.0 INTRODUCTION 1.1 Regulation 141/02, filed on April 22, 2002, under the Oak Ridges Moraine Conservation Act (ORMCA) prescribes the Municipality of Clarington, along with 26 other municipalities, to submit amendments to its Official Plan and Zoning By-law, to the Minister of Municipal Affairs by October 22, 2003. 1.2 All other affected local municipalities in Durham Region hired consultants to prepare official plan and zoning amendments for this exercise. The Clarington Official Plan, being one of the more recent local official plans and having incorporated major amendments during the resolution of the referrals and appeals related to the aggregate industry, was the Official Plan that most closely followed the main elements of the ORMCP. 1.3 The purpose of this report is to set out the amendments to the Official Plan and Zoning By-law which are required by the Oak Ridges Moraine legislation and regulation in order to bring the Municipality's Official Plan and Zoning By-law into conformity with the Oak Ridges Moraine Conservation Plan. Copies of Amendment 33 and Amendment 34 to the Clarington Official Plan and the draft Zoning By-law are under separate cover. 1.4 Open Houses were held on June 11"', 2003 and 12"', 2003 by the Planning Services Department. At that time the Province's ORMCP and the implications for the Municipality were presented. A preliminary draft of the proposed changes to the Clarington Official Plan was also presented at the Open Houses. Over the summer, revisions to the proposed changes to the Official Plan were made. A second draft of the proposed revisions, including the actual amendment documents, were available on August 27"', 2003. Unfortunately, staff were not able to complete the proposed new Zoning By-law for the Oak Ridges Moraine area until September 17`^, 2003. The proposed Zoning By-law has not be available for the public to review nor circulated to agencies for review and there will need to be a further public meeting on it at a subsequent time. 2.0 THE OAK RIDGES MORAINE CONSERVATION PLAN 2.1 The Moraine is categorized into four land use designations, three which are applicable in Clarington. These are Natural Core Areas, Natural Linkage Areas, and Countryside Areas. Settlement Areas is the fourth land use designation identified by the ORMCP, depicting areas designated for urban development. There are no urban areas within the limits of the ORM in Clarington. The Hamlets are identified in the ORMCP as rural settlement areas within the Countryside Area designation. The ORMCP is an ecologically based plan integrating environmental and land use planning. Part I of the ORMCP provides the general policies. Part II of the document contains the land use polices. Part III identifies the natural heritage and hydrologically sensitive features that require protection, landform conservation areas and areas of high aquifer vulnerability. Furthermore, it contains provisions regarding watershed plans, well - 502 REPORT NO.: PSD-116-03 PAGE 3 head protection areas and connectivity. Lastly, Section IV sets out specific land use policies including lot creation, mineral aggregates, storm water, recreation and the Oak Ridges Trail. 2.2 The ORMCP prohibits development within natural heritage or hydrological features and the minimum vegetation protection zone with the exception of: • a single detached dwelling on an existing vacant lot of record, provided the zoning of the parcel on November 15, 2001, would permit this use; • forest fish and wildlife management conservation and flood or erosion control projects; low intensity recreational uses; and transportation, infrastructure and utilities only if need for the project has been established and there is no reasonable alternative If development is proposed within or adjacent to an identified natural heritage or hydrologically sensitive feature, the ORMCP sets out the study requirements to determine whether the development would have any adverse affect on the ORM. 3.0 AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN 3.1 It has been necessary to prepare two amendments to the Clarington Official Plan in order to implement the ORMCP. This is necessitated by the differing boundaries for the Oak Ridges Moraine and the differing approval processes for each section. The Municipality defined the Oak Ridges Moraine Area by using Lot and Concession lines generally following the landform. The Province defines the Oak Ridges Moraine by using the 245 metre contour line. As a result of the Province's definition, changes to the Official Plan for lands above the 245 metre contour line are contained in Amendment 33. Amendment 33 follows a special process where the Minister of Municipal Affairs approves the Municipality's amendment and the amendment cannot be subject to an OMB challenge. There is, however, a process where the Minister may refer the amendment to a hearing officer to review any issues in dispute. Changes to the Clarington Official Plan below the 245 metre contour line follow the regular process in the Planning Act. In this case, Amendment 34 has been prepared and when adopted by Council, it will be forwarded to the Region of Durham for approval. It is subject to the normal appeal process. It should be noted that some policy changes apply to both areas and are therefore repeated in both Amendment 33 and 34. 503 REPORT NO.: PSD-116-03 Amendment 33 PAGE 4 3.2 When commencing this exercise, staff made several important decisions on the approach to be used: • The amendment would be incorporated into the existing Official Plan. Many other municipalities have chosen to treat the Oak Ridges Moraine as a Secondary Planning Area. The benefit of incorporating it into the Official Plan is that it provides a good foundation for extending a consistent approach to issues like natural heritage, aggregates, water resources with the next update of the Official Plan. While the scope and application of the policies may be different on and off the Moraine (e.g. the requirements may be tougher on the Moraine) a consistency of definitions and policy framework would make it easier to implement the Official Plan for staff and residents. • The amendment would utilize existing land use categories where possible. The existing land use categories of Environmental Protection Areas, Prime Agriculture Area, General Agriculture Areas and Hamlets would be retained rather than introducing Countryside and Rural Settlement terms. This led to the use of overlay designations, particularly for Environmental Protection Areas, which may also be classified as either Natural Core or Natural Linkage Areas. 3.3 The "Natural Core Area" and "Natural Linkage Area" designations are new to the Clarington Official Plan. A brief description of the two new land use designations is provided. • Natural Core Area -These areas possess high concentrations of natural heritage features, hydrologically sensitive features and landform conservation features. These features are fundamental to the ecological and hydrological integrity of the Moraine. Land uses are restricted to existing legal uses, agricultural uses, low-intensity recreational uses, conservation, fisheries, wildlife and forestry management. • Natural Linkage Area -These areas function to maintain, improve or restore open space linkages between Natural Core Areas and between stream corridors, providing opportunities for the movement of plants and animals between the Natural Core Areas. The east-west Natural Linkage Area has a minimum width of 1.25 km. In addition to the uses permitted in the Natural Core Areas, home-based occupations, including bed and breakfasts and home industry uses may be permitted provided they are not located within the lands that also have the Environmental Protections Area designation. In accordance with the ORMCP, new aggregate extraction operations and expansions to existing operations are not permitted in the Natural Core Area. However, new aggregate operations and expansions may be permitted in the Natural Linkage Area by amendment to the Official Plan. ~~~ REPORT NO.: PSD-116-03 PAGE 5 3.4 The location of Natural Core Areas and Natural Linkage Areas are inextricably linked to natural heritage and hydrologic features but may also include other lands. To ensure the purpose of the Natural Core Area and Natural Linkage Areas is maintained, and that the natural heritage and hydrologic features are protected as the ORMCP intends, these areas in Clarington possess a dual designation of "Natural Core Area" and "Environmental Protection Area or "Natural Linkage Area" and "Environmental Protection Area". Where lands have this dual designation, the permitted uses and associated policies of the "Environmental Protection Area" shall prevail. 3.5 The ORMCP policies on protecting ecological and hydrological integrity have generally been incorporated within the Natural Environment and Resource Management Chapter of the Clarington Official Plan. They incorporate: • the natural heritage features and hydrologically sensitive features identified in the ORMCP into Clarington's Natural Heritage System; anew table providing a minimum vegetation protection zone and minimum area of influence from natural and hydrological features; • landform conservation policies which among other things identify the maximum net developable area; • new policies with respect to watershed plans and water budgets; • the study requirements for any proposed development in the ORMCP; and • natural heritage features where aggregate extraction would not be permitted. 3.6 Other major revisions were required to address specific land uses. These include: • new policies setting out additional criteria to be satisfied when an application for a new or expansion to an existing aggregate extraction area is received; • new policies that will provide study requirements for any new transportation uses within the ORM; • new policies to address protection of water resources, need for storm water management plans and a general reduction of impervious surfaces; • revisions and additional policies regarding non-conforming uses, severances and existing lots; and • many definitions used by the ORMCP have been adopted. 3.7 Consolidation of the ORMCP into the Clarington Official Plan requires substantial changes to the schedules of the Official Plan, including the addition of 4 new maps. Amendment 34 3.8 Amendment 34 redesignates lands that are currently designated as "Oak Ridges Moraine" or "Prime Agriculture subject to Section 14.6" in the Clarington Official Plan but which lie outside the new provincial boundary. These lands are to be redesignated as "Prime Agriculture Area" or General Agriculture Area". ~~~ REPORT NO.: PSD-116-03 PAGE 6 3.9 Any policy revision contained in Amendment No. 33 that maybe applicable to a land use designation outside of the Oak Ridges Moraine was duplicated in Amendment No.34. For instance, many of the revisions proposed to the Natural Heritage and Resource Management Chapter affect policies that are applicable regardless of land use designation. The addition of new general stormwater management policies and new definitions in other chapters of the Official Plan are also policies applicable regardless of land use designation. 4.0 ZONING BY-LAW 4.1 Staff is proposing that the implementing zoning by-law be a stand-alone document, specific to the area of the ORM for the time being. This would be the first step towards a new Zoning By-law for Clarington. Zoning By-law 84-63 will be repealed for those lands located north of the new limit of the Oak Ridges Moraine. 4.2 The ORMCP permits very few land uses as-of-right. New development will require site specific rezonings with appropriate environmental, hydrological and related studies to be completed in order to implement the requirements of the ORMCP. 4.3 The draft Zoning By-law recognizes existing legal uses, permitting them to continue. In addition, the draft By-law proposes that in certain zones, a one time expansion to existing legal uses is permitted provided a buffer of 120 metres is maintained to Environmental Protection (EP and EP1) zones. 5.0 PUBLIC NOTICE 5.1 The notice provisions of the Planning Act continue to apply with respect to the Official Plan and Zoning By-law amendment conformity exercise. As such, a statutory public hearing and notice is required to be provided under the Planning Act. Public Notice was placed in the Canadian Statesman and appeared on August, 20th and 27th, September 3rd, 10th, and 17th 2003. Public Notice was also placed in the Orono Times on September 3`d , 10th ,and 17th,2003. Notice of the public meeting was also posted on the Municipality's web site. In addition, notice was mailed on August 22"d, 2003 to all people requesting to be notified of future meetings. 6.0 AGENCY COMMENTS 6.1 The Conservation Authorities provided comments on the draft consolidated Official Plan policies dated .May 30th 2003. CLOC complimented Clarington's decision to fully integrate the ORMCP into the Municipality's Official Plan. Aside from suggesting minor changes to terminology and mapping, neither CLOC nor the GRCA has expressed any objection or serious concerns with this document. The Municipality has reviewed their suggested revisions and has modified the proposed amendments accordingly. ~D6 REPORT NO.: PSD-116-03 PAGE 7 6.2 Comments have yet to be received from the Region of Durham and the Ministry of Municipal Affairs and Housing. 7.0 CONSULTATION 7.1 On June 11"' and 12th, 2003, the Municipality hosted Public Information Centres at the Kendal Community Centre and Enniskillen Public School respectively. In addition to municipal staff, representatives of the Ministry of Municipal Affairs, the Region of Durham and the Conservation Authorities were present at these Information Centres. 7.2 Generally, comments received during these Information Centres focused on the following 5 issues which are addressed below: • Will existing legal uses be aermitted to continue? - Legally existing uses will be permitted to continue and additions or expansions to these uses may be permitted. If the expansion or addition is adjacent to a natural or hydrological feature, an environmental study will be required to determine whether the proposed development will have an adverse affect on the ORM. • What will be the costs associated with an Environmental Studv? - Cost of an environmental study is determined in part by the development proposed and proximity to natural or hydrological features. It is not the intention of this plan to place an overwhelming financial burden on homeowners • Extension of Highway 407 is inconsistent with the objectives of the ORMCP. - Generally, infrastructure is not a permitted use in the Natural Core Areas or Natural Linkage Area. The alignment of future Highway 407 as shown reflects the technically preferred route determined by the Province in the early 1990's. The need for alignment of Highway 407 is currently under investigation in Clarington. If the alignment changes, it will be changed on Clarington's Official Plan schedules. • Concern regarding motorized recreation vehicles use on the Oak Ridges Moraine. - Motorized recreation vehicle use is not permitted on the trails in the Moraine. All new trails will be restricted to non-motorized use. However, on exiting trails, motorized use will continue to be permitted. The Municipality will be investigating alternative means of controlling motorized recreation vehicle use on trails in the Moraine. 5 REPORT NO.: PSD-116-03 PAGE 8 - Existing legal aggregate extraction operations will be permitted to continue. No new operations will be permitted within the Natural Core Areas. New and expanding aggregate operations are subject to restrictive policies and will require an environmental study. 7.3 Planning Services has also received general enquiries from the public. Many of these enquiries focused on determining how this will affect them including whether they will be able to build on their property. 7.4 The Clarington Agricultural Advisory Committee expressed concern regarding the farm retirement severance policies of the ORMCP. The ORMCP requires that 97.5% of the land area of an original township lot or half lot must be intact. In other words, previous severances, whether created when the existing farmer owned the land or not, will prohibit a farmer to create a retirement lot on his parcel. This Committee feels that the size criteria is too restrictive, noting that this will financially impact existing farmers and will have an impact in the future as farmers will be reluctant to buy these parcels as they will not qualify to gain a retirement lot, ultimately resulting in these lands being removed from agricultural production. 8.0 STAFF COMMENTS 8.1 Although comments have not been received from the Ministry of Municipal Affairs or the Region of Durham, Staff are confident that all components of the ORMCP have been appropriately covered in Official Plan Amendment No. 33 and Official Plan Amendment No. 34 and that these amendments conform to Durham Region Official Plan Amendments No. 89 and 90. It is anticipated that comments from the Ministry and the Region will be received shortly. 8.2 Staff will take comments received at this Public Meeting and address them before taking a report back to Council. After Council adoption, Amendment No. 33 will be forwarded to the Minister of Municipal Affairs for approval and Amendment No. 34 will be sent to the Region of Durham for approval. 9.0 CONCLUSION 9.1 It is recommended the applications be referred back to Staff to address comments received from the public and/or agencies. ~~$ REPORT NO.: PSD-116-03 PAGE 9 Attachments Attachment 1 -Amendment 33 (under separate cover) Attachment 2 - Amendment 34 (under separate cover) Attachment 3 - Draft Municipality of Clarington Zoning By-law (under separate cover) Interested parties to be advised of Council's decision: Jean Gable 8 Sumac Crt. R.R. #2, Blackstock LOB180 SAGA Save the Ganaraska Again C/o Ms. Katherine Guselle 45 Connaught Street Oshawa, Ontario L1G 2H1 Linda Gasser 7421 Best Rd P.O. Box 399 Orono, Ontario LOB 1M0 Irv Harrell 1414 Harmony Rd North Oshawa, Ontario L1H 7K5 Brian Buckles S.T.O.R.M. R.R. #4, 2300 Concession Rd 7 Uxbridge, Ontario L9P 1 R4 Wayne Fairbrother Templeman, Menninga Barristers and solicitors 205 Dundas Street East Suite 200 P.O. Box 234 Belleville, Ontario K8N 5A2 Ganaraska Region Conservation Authority P.O. Box 328 Port Hope, Ontario L1A 3W4 Sandy Cook and Ted Kilpatrick 8733 Leskard Rd. Orono, Ontario LOB 1M0 Victor Doyle Ministry of Municipal Affairs and Housing 14th Floor, 777Bay Street Toronto, Ontario M5G 2E5 Roy Forrester C/o Oak Ridges Moraine Trail Association 6 Mill Lane Orono, Ontario LOB 1M0 Central Lake Ontario Conservation Authority 100 Whiting Rd Oshawa, Ontario L1H 3T3 Bob Watson 3195 #20 RR #3 Pontypool, Ontario LOA 1 KO 5~~ REPORT NO.: PSD-116-03 PAGE 10 Mark McMillan 4764 McMillan RR #1 Kendal, Ontario LOA 1 EO Bruce and Joanne Hannam 3883 Concession Road #5 Orono, Ontario LOB 1M0 Gord and Pat McMeekin 91 Oak Hill Road Cambellcroft, Ontario Grant Greenwood 6543 Henry Road Kendal, Ontario LOA 1 EO Steven Heggie 4027 concession Road #6, RR #1 Kendal, Ontario LOA 1 EO Stuard Wood 6525 Best Road Orono, Ontario LOB 1 MO D. Tinmouth 3926 Wilcox Road Orono, Ontario LOB 1M0 Eric Atkins 4334 Concession Road #6 Kendal, Ontario LOA 1 EO William Stapleton 4352 Concession Road #8 Kendal, Ontario LOA 1 EO Karina Isert 7639 Leskard Road Orono, Ontario LOB 1 MO Gary Sunstrum 8571 Langstaff Road Kendal, Ontario LOA 1 EO Danny Stacheruk 3847 Wilcox Road Orono, Ontario LOB 1 MO Wendy Partner 3831 Wilcox Road , Orono, Ontario LOB 1 MO Sheryl Greenham Office of John O'Toole, MPP Durham 75 King Street East Bowmanville, Ontario L1 C 1 N4 Bill McBride 3817 Wilcox Road Orono, Ontario LOB 1 MO Irv Harrell , 1414 Harmony Road North Oshawa, Ontario L1 H 2K0 Keith and Louis Harden 7575 Oak School Road Orono, Ontario LOB 1 MO Jeanne Burnside 3595 Concession Road #8 Orono, Ontario LOB 1 MO - 510 REPORT NO.: PSD-116-03 PAGE 11 Bud Duguid 3839 Wilcox Road, BOX 607 Orono, Ontario LOB 1M0 Sharon Trudeau 8010 Woodley Road (RR #5, Haydon) Bowmanville ,Ontario L1C 3K6 Julie and Ernie Csizmadia 10233 Old Scugog Road, BOX 2 Blackstock, Ontario LOB 1 BO Jason Webb 4665 Darlington Clarke Townline, RR #5 Bowmanville, Ontario L1C 3K6 Donald Griffin 1645 Concession #9, RR #2 Blackstock, Ontario LOB 1B0 Jacelyne Noel 2170 Boundary Road Blackstock, Ontario LOB 1 BO Herb Prescott 2167 Holt Road North, RR #6 Bowmanville, Ontario L1C 3K7 Brenda and Jim Rowe 10106 Wotten Road, RR #2 Blackstock, Ontario LOB 1B0 J and J Clark 10126 Long Sault Road Enniskillen, Ontario LOB 1J0 Doug Morgan 8530 Langstaff Road Kendal, Ontario LOA 1 EO Roy Morton 1681 Concession Road #9 Blackstock, Ontario LOB 1 BO Terry Holroyd 300 LaSalle Avenue Oshawa, Ontario L1 H 5Y6 Jack Fisher 7606 Aked Road, RR #5 Bowmanville, Ontario L1C 3K6 Kim Lilly 6640 Clemens Road, RR #5 Bowmanville, Ontario L1C 3K6 Lisa Bianca 7493 Aked Road, RR #5 Bowmanville, Ontario L1C 3K6 Robert Chater 24 Chater Lane Leskard, Ontario LOB 1 MO - 511 REPORT NO.: PSD-116-03 PAGE 12 Caroline Matthews 22 Sumac Road Blackstock, Ontario LOB 1 BO Jack Syer 50 Horsey Street Bowmanville, Ontario L1C 1X9 Ewan Burke 7717 Old Scugog Road, RR #1 Enniskillen, Ontario LOB 1J0 Alex Georgieff, Region of Durham Planning Department 1615 Dundas Street East Lang Tower, West Building 4th Floor, Whitby Mall Whitby, Ontario L1N 6A3 Libby Racansky 3200 Hancock Rd Courtice, Ontario Lyle McMahon 143 Queen Street Bowmanville, Ontario L1C 1M7 Tony and Connie Pugliese 17 Sumac Road Blackstock, Ontario LOB 1B0 Dam Val Choloniuk 2440 Concession Road #7 Bowmanville, Ontario Kenneth and John Upton 23 Sumac Road Blackstock, Ontario LOB 1 BO Lorna Ferguson 3682 Concession Road #6 L1 E 2M1 Orono, Ontario LOB 1 MO Oak Ridges Trail Association P.O. Box 28544 Aurora, Ontario L4G 6S6 James Parkin MacNaughton Hermsen Britton Clarkson 171 Victoria Street North Kitchener, Ontario N2H 5C5 Joanne Kim 2 Coxwell Blvd Toronto, Ontario M4C 3G7 Victor Suppan 1835 Concession Road #7 Hampton, Ontario LOB 1J0 Adela and Guy Pugliese 2179 Boundary Road, RR #2 Blackstock, Ontario LOB 1B0 Jamie Davidson 55 Church Street Bowmanville, Ontario L1C 1S8 512 REPORT NO.: PSD-116-03 Mark McMillan 38 Carluke Crescent, Apartment #715 North York, Ontario M2L 2J4 Ron Robinson 3075 Maplegrove Road Bowmanville, Ontario L1C 3K4 John Cartwright 5650 Shiloh Road, RR #1 Newtonville, Ontario LOA 1J0 Steve Tinmouth 3926 Wilcox Road Orono, Ontario LOB 1 MO Blain Moffat 5291 Henry Road, P.O. BOX 417 Orono, Ontario LOB 1M0 Rick Buller 1415 Evangeline Drive Oshawa, Ontario L1J 3S8 Tim and Frances Tufts 8075 Maynard Road Orono, Ontario LOB 1 MO Kerry Meydam 3828 Trulls Rd Courtice, Ontario L1 E 2LE PAGE 13 David Dietlein 15151 Wilson Avenue Nestleton, Ontario Kevin Walter 7648 Aked Road Bowmanville, Ontario L1C 3K6 Murray Yeo 6207 Middle Road Bowmanville, Ontario L1C 3K2 Jacqueline Vaneyk Durham Region Federation of Agriculture 6613 Clemens Road Bowmanville, Ontario L1C 3K6 Harry Schillings 8262 Highway 35/115 Southbound Orono, Ontario LOB 1M0 Gary Woodbeck 3830 Ganaraska Road (Regional Road #9) Orono, Ontario LOB 1 MO Dwayne Day 2 Werrydale Drive Hampton, Ontario LOB 1J0 ~'~ ~~~~C'tIl ~'~~?~tl r_.~~t~~~,nE tx~~ Attachment to Report PSD-116-03 THE OAKRIDGESMORAINE CONSERVATIONPLAIV CONFOnM~~,r ~ENOMENT$ MUNICIPALITY OF CLARINGTON Official Plan Amendment No. 33 Official Plan Amendment No. 34 Zoning By-law -Oak Ridges Moraine TO BRING THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN AND THE MUNICIPALITY OF CLARINGTON ZONING BY-LAW INTO CONFORMITY WITH THE OAK RIDGES MORAINE CONSERVATION PLAN Municipality of Clarington Official Plan Amendment No. 33 Clarington Official Plan August 20, 2003 Planning Services Department Proposed Amendment No. 33 August 20, 2003 PROPOSED OFFICIAL PLAN AMENDMENT NO. 33 CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to incorporate the provisions of the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140/02) into the Clarington Official Plan, bringing the Clarington Official Plan into conformity with the Oak Ridges Moraine Conservation Plan and with the Durham Region Official Plan. BASIS: The Oak Ridges Moraine is a dominant landscape feature supporting a diverse range of species, habitat and important groundwater functions. The Oak Ridges Moraine Conservation Plan is an ecologically based plan the objectives of which are to protect the Moraine's ecological and hydrological integrity, maintaining the Oak Ridges Moraine as a continuous natural landform and to ensure that only those uses which maintain, improve or restore the Moraine's .integrity are permitted. The boundary of the Oak Ridges Moraine has been established by the Province of Ontario in Regulation 01/02, "Plan of the Boundary of the Oak Ridges Moraine Area" as being the 245 metre contour line. The Municipality of Clarington is required to undertake an Official Plan Amendment to integrate the policies of the Oak Ridges Moraine Conservation Plan into the Clarington Official Plan. This amendment incorporates the policies of the Oak Ridges Moraine Conservation Plan into the Clarington Official Plan. The policies of this amendment will now govern development and land use in the Oak Ridges Moraine. Lands currently designated Oak Ridges Moraine in the Official Plan, but outside of the new Oak Ridges Moraine boundary, are redesignated in Amendment No. 34 to the Clarington Official Plan. ^ This amendment includes: • Adding the legislated Oak Ridges Moraine boundary to Official Plan Maps • Redesignation of all lands located north of the new Oak Ridges Moraine Boundary • The addition of 4 new maps to the Official Plan being Map D1 and D2 -Natural Heritage System and Map E1 and E2 -Oak Ridges Moraine Landforms and Aquifer Vulnerability. • Map G -Potential Aggregate Resources Areas has been amended to reflect the provisions of the Oak Ridges Moraine Conservation Plan • Incorporating the environmental strategic policies in Chapter 4 of the Official Plan, including new study i~ Proposed Amendment No. 33 August 20, 2003 requirements, and new subsections on Landform Conservation, Watersheds, and Oak Ridges Moraine Trails. • Deleting the existing Oak Ridges Moraine land use designation and policies in the Official Plan and replacing it in part with 2 new designations being Natural Core Area and Natural Linkage Area designations and policies. • Amending the severance policies to conform with the Oak Ridges Moraine Conservation Plan. • Adding new or revised definitions. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. In existing Section 4.4.1, by adding the words "and Map D" after each of the two references to "Map C". 2. By deleting existing Sections 4.4.2 and 4.4.3. 3. By renumbering existing Section 4.4.4 as new Section 4.4.9 and in new Section 4.4.8 by deleting the word "significant" after the word "regarding"; by adding the words "and Hydrologically Sensitive Features" after the word "Features"; and by adding the following words "or Map D" after the words "Map C". 4. By renumbering existing Section 4.4.5 as new Section 4.4.10 and in new Section 4.4.10 by deleting the word "significant" after the word "any"; and by adding the words "and Map D" after the words "Map C". 5. By renumbering existing Section 4.4.6 as new Section 4.4.11 and in new Section 4.4.11 by deleting the word "significant" before the word "natural" for each of the three occurrences of this word, and by adding the words "or Map D" after the words "May C" for each of the two occurrences of these words; by replacing the numbers "4.4.24" with the numbers "4.4.37," and by adding the words "or a Natural Heritage Evaluation or Hydrological Evaluation pursuant to Sections 4.4.42 and 4.4.43" before the words "shall be required". 6. By renumbering existing Section 4.4.7 as new Section 4.4.12 and in new Section 4.4.12 by adding the following words "Natural Heritage Evaluation or a Hydrological Evaluation" after the words "Impact Study," and by adding an "s" to the word "Section" and by replacing the numbers "4.4.24" with the numbers "4.4.41 or 4.4.42 or 4.4.43". 2 t Proposed Amendment No. 33 August 20, 2003 7. By renumbering existing Section 4.4.8 as new Section 4.4.13. 8. By adding new Sections 4.4.2, 4.4.3, 4.4.4, 4.4.5, 4.4.6, Table 4.1, 4.4.7, and 4.4.8 as follows: "4.4.2. The following Natural Heritage Features and Hydrologically Sensitive Features form the significant components of the natural heritage system. These are: Natural Heritage Features a) all evaluated wetlands b) all Areas of Natural and Scientific Interest (ANSI), except for the Bowmanville Quarry c) all significant woodlands d) all significant valleylands e) fish habitat associated with wetlands and permanent streams f) significant portions of habitat of rare, threatened and endangered species g) rare vegetation communities, including sand barrens and tallgrass prairie on the Oak Ridges Moraine h) significant wildlife habitat Hydrologically Sensitive Features i) all evaluated wetlands j) permanent streams k) seepage areas and springs 4.4.3 The significant components of the natural heritage system in the Oak Ridges Moraine includes the following Natural Heritage Features and Hydrologically Sensitive Features in addition to those identified in Section 4.4.2: Natural Heritaae Features a) all unevaluated wetlands b) fish habitat associated with intermittent streams or fish habitat not associated with any other natural heritage feature Hydrologically Sensitive Features c) all unevaluated wetlands d) intermittent streams 4.4.4 Other Natural Heritage Features and Hydrologically Sensitive Features provide support to the significant components and are important to maintaining .the health and diversity of the natural heritage system. These include: L 3 Proposed Amendment No. 33 August 20, 2003 Natural Heritage Features a) all unevaluated wetlands (south of the Oak Ridges Moraine) b) .small woodlots and hedgerows c) transitional woodlands Hydrologically Sensitive Features d) all unevaluated wetlands. (south of the Oak Ridges Moraine) e) intermittent streams (south of the Oak Ridges Moraine) f) groundwater recharge areas 4.4.5 Within the Oak Ridges Moraine, all development and site alteration with respect to land within a Natural Heritage Feature and/or a Hydrologically Sensitive Feature identified in Sections 4.4.2, 4.4.3 or 4.4.4 or the related minimum vegetation protection zone as identified in Table 4.1 is prohibited, except the following: a) Forest, fish and wildlife management; b) Conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest after .all alternatives have been considered; c) Transportation, infrastructure, and utilities, but only if the need for the project has been demonstrated and there is no reasonable alternative; d) Low intensity recreation. 4.4.6 Within the Oak Ridges Moraine, an application for development or site alteration within the minimum area of influence that relates to a Natural Heritage Feature or a Hydrologically Sensitive Feature, but outside the feature itself and the related minimum vegetation protection zone as identified in Table 4.1, shall be accompanied by a Natural Heritage Evaluation and/or a Hydrological Evaluation in accordance with Section 4.4.41 of this Plan. Il 4 1 Proposed Amendment No. 33 August 20, 2003 TABLE 4-1 Natural Heritage Features, Hydrologically Sensitive Features on the Oak Ridges Moraine: Minimum Areas Of Influence and Minimum Vegetation Protection Zones Feature Minimum Area of Influence Minimum Vegetation Protection Zone Wetlands All land within 120 metres of All land within 30 metres of any part of any part of feature feature, subject to Section 4.4.42h) Significant portions of All land within 120 metres of As determined by a Natural Heritage habitat of endangered, any part of feature Evaluation carried out under Section rare and threatened 4.4.42 species Fish habitat All land within 120 metres of All land within 30 metres of any part of any part of feature feature, subject to Section 4.4.42 h) Areas of natural and All land within 120 metres of As determined by a Natural Heritage scientific interest (life any part of feature Evaluation carried out under Section science) 4.4.42 Areas of natural and All land within 50 metres of As determined by an Earth Science scientific interest .(earth any part of feature Heritage Evaluation carried out under science) Section 4.4.45 Significant valleylands All land within 120 metres of All land within 30 metres of stable top any part of feature of bank, subject to Section 4.4.42 h) Significant woodlands All land within 120 metres of All land within 30 metres of the base of any part of feature outermost tree trunks within the wood- land, subject to Section 4.4.42 h) Significant wildlife All land within 120 metres of As determined by a Natural Heritage habitat any part of feature Evaluation carried out under Section 4.4.42 Sand barrens and All land within 120 metres of As determined by a Natural Heritage tallgrass prairies any part of feature Evaluation carried out under Section 4.4.42 h) Permanent and All land within 120 metres of All land within 30 metres of meander intermittent streams meander belt belt, subject to Section 4.4.43 c) and d) Seepage areas and All land within 120 metres of All land within 30 metres of any part of springs any part of feature feature, subject to Section 4.4.43 c) and d) If more than one feature is identified on the subject lands, the provisions that are more restrictive apply. 5 t Proposed Amendment No. 33 August 20, 2003 4.4.7 Approval of any development application within the Oak Ridges Moraine shall ensure that natural self-sustaining vegetation will be maintained or restored in order to protect any on-site or adjacent Natural Heritage Feature or Hydrologically Sensitive Feature. 4.4.8 In order to ensure corridor functions are maintained and where possible improved or restored, every application for development or site alteration shall identify planning, design and construction practices that ensure that no buildings or other site alterations impede the movement of plants and animals among Natural Heritage Features, Hydrologically Sensitive Features and adjacent land." 9. By renumbering existing Section 4.4.9 as new Section 4.4..14 and in new Section 4.4.14 by adding the following words "landform character," after the words "scenic qualities," 10. By deleting existing Section 4.4.10. 11. By adding new Sections 4.4.15, and 4.4.16 as follows: "4.4.15 The boundary of the Oak Ridges Moraine coincides with the boundary as defined in Ontario Regulation 140/02 -Oak Ridges Moraine Conservation Plan. I 4.4.16 The ecological integrity of the Oak Ridges Moraine shall be maintained and where possible improved or restored by; a) maintaining, and where possible improving or restoring, the health, diversity, size, and connectivity of Natural Heritage Features, Hydrologically Sensitive Features and the related ecological functions; b) maintaining the quantity and quality of groundwater and surface water, c) maintaining groundwater recharge, d) maintaining natural stream form and flow characteristics, e) protecting landform features, f) maintaining or restoring natural self-sustaining vegetation and wildlife habitat within the Natural Core Area, g) maintaining, and where possible improving or restoring natural self-sustaining vegetation over large parts of the area to facilitate movement of plants and animals within the Natural Linkage Areas, and h) maintaining a natural continuous east-west connection and additional connections to stream and river valleys 6 Proposed Amendment No. 33 August 20, 2003 north and south of the Oak Ridges Moraine within the Natural Linkage Areas." 12. By renumbering existing Section 4.4.11 as new Section 4.4.17 and in new Section 4.4.17 by adding the following words "partially within" after the words "are located"; by deleting the word "on" before the words "the Oak Ridges Moraine,"; by adding the words "and Map D." after the words "Map C"; and by deleting the sentence "Council will investigate applying the Municipality's tree preservation by law to the two Forests." 13. By adding new Section 4.4.18 as follows: "4.4.18 The Municipality will partner with conservation authorities, the provincial government and other appropriate stakeholders, to develop and maintain a data management system to collect, store, update and share natural heritage, water resources and geotechnical information needed to interpret, apply and monitor the policies within the Oak Ridges Moraine." 14. By deleting existing Sections 4.4.12 and 4.4.13. 15. By renumbering existing Section 4.4.14 as new Section 19.4.6 and by deleting the words "Oak Ridges Moraine Natural Corridor and replacing them with the words "Natural Linkage Area". 16. By renumbering existing Section 4.4.15 as new Section 4.4.27 and by adding the following words at the end of the section "Wherever possible, the trail system should be accessible to all, including persons with disabilities." 17. By renumbering existing Section 4.4.16 as new Section 4.4.19. 18. By adding a new title "Watershed Plans and the Oak Ridges Moraine" before Section 4.4.20. 19. By adding new Section 4.4.20 and 4.4.21 as follows: "4.4.20 Within the Oak Ridges Moraine, major development for which a development application is received on or after April 23, 2007, is prohibited unless; a) the watershed plan for the relevant watershed has been completed; b) the major development conforms with the watershed plan; c) a water budget and conservation plan prepared to the satisfaction of the Region of Durham demonstrates that the water supply required for the major development is sustainable. 7 Proposed Amendment No. 33 August 20, 2003 4.4.21 Within the Oak Ridges Moraine, if an application for major development commences prior to April 23, 2007, the application shall not be approved unless; a) a water budget and conservation plan prepared to the satisfaction of the Region of Durham demonstrates that the water supply required for the major development is sustainable or; b) the applicant; i) identifies any Hydrologically Sensitive Features and related hydrological functions on the site and how they will be protected; ii) demonstrates that an adequate water supply is available for the development without compromising the ecological integrity. of the Oak Ridges Moraine; and iii) provides, with respect to the site and such other land as the approval authority considers necessary, a water budget and water conservation plan that; characterizes groundwater and surface water flow systems by means of modeling, identifies the availability, quantity and quality of water sources, and identifies water conservation measures." 20. By adding a new title "Landform Conservation within the Oak Ridges Moraine" before new Section 4.4.22. 21. By adding new Section 4.4.22, 4.4.23, Table 4-2, 4.4.24, 4.4.25 and 4.4.26 as follows: "4.4.22 The Oak Ridges Moraine possesses many landform features including steep slopes, ravines and ridges that makes the Oak Ridges Moraine a distinctive landscape within the Municipality. Council shall endeavor to maintain the form, character and variety of landscapes within the Moraine by encouraging only minimal modifications to the natural contours of the land and the retention of natural landscape features such as woodlands. Within the Oak Ridges Moraine, 2 categories of Landform Conservation Areas are identified on Map E. 4.4.23 Except for proposed mineral aggregate extraction areas, an application for development or site alteration within a Landform Conservation Area 1 or 2 shall identify planning, design and construction practices that will keep disturbance to landform character to a minimum; maintain significant landform features such as steep slopes, ravines and ridges in their natural 8 i~ Proposed Amendment No. 33 August 20, 2003 undisturbed form and ensure the following in accordance with Table 4-2: TABLE 4-2 Landform Conservation Area -Maximum Disturbed Net Developable Area Landform Conservation Area 1 Landform Conservation Area 2 Maximum net developable 25% of total area of site 50% of total area of site area that may be disturbed Maximum net developable 15% of total area of site 20% of total area of site area that may have impervious surfaces 4.4.24 Within the Oak Ridges Moraine, an application for major development with respect to land in a landform conservation area of category 1 or 2 shall be accompanied by a Landform Conservation Plan in accordance with Section 4.4.44. 4.4.25 An application for development or side alteration, except with respect to mineral aggregate extraction, that does not constitute major development, with respect to land in a landform conservation area of either category, shall be accompanied by a plan that; a) identifies the areas within which all building, grading, and related construction will occur; b) minimizes the. amount of site alteration required; and c) provides for the protection of areas of natural and scientific interest (earth science) in accordance with Section 4.4.45. 4.4.26 An application for an Aggregate Extraction Area, shall identify means in the extraction and rehabilitation plans to create compatible landforms and provide continuous forest cover where reasonably practicable." t 22. By renumb a) b) c) d) e) 9) Bring the following existing sections: Existing Section 4.4.17 as new Section 4.4.28 Existing Section 4.4.18 as new Section 4.4.29 Existing Section 4.4.19 as new Section 4.4.30 Existing Section 4.4.20 as new Section 4.4.31 Existing Section 4.4.21 as new Section 4.4.32 Existing Section 4.4.22 as new Section 4.4.33 Existing Section 4.4.23 as new Section 4.4.34. 23. By deleting existing Section 4.4.29. 9 Proposed Amendment No. 33 August 20, 2003 24. By adding a new title "Oak Ridges Moraine Trail System" before new Section 4.4.27. 25. By adding new Sections 4.4.28 and 4.4,29 as follows: "4.4.28 The Oak Ridges Moraine Trail System shall be designed to maintain and, where possible, improve or restore the ecological integrity of the Oak Ridges Moraine. The trail system shall be located in the Natural Core Area and Natural Linkage Area as much as possible. 4.4.29 Notwithstanding the provisions of this Plan, the following are permitted on the trail system: a) .Non-motorized trail uses except the use of motorized wheelchairs by persons who need them; b) Parking, signage, washrooms and interpretive facilities to support access to the trail system; c) Fencing to define and protect the trails; d) Works to improve access to the trail system and remove barriers to its use, for the benefit of all including persons with disabilities; e) Works to protect ecologically sensitive portions of the trail system; f) Conservation and erosion control to protect or restore Natural Heritage Features and Hydrologically Sensitive Features and related ecological functions along the trail system." 26. By adding a new title "Studies" before new Section 4.4.37 27. By renumbering existing Section 4.4.24 as new Section 4.4.37 and by replacing the numbers "4.4.6" with "4.4.11, and by deleting the word "significant". 28 In new Section 4.4.37 a) by deleting the words. "their sensitivity and their significance". 29. In new Section 4.4.37 b) by deleting the words "sensitive or significant". 30. In new Section 4.4.37 e) by deleting the words "negative effects" and replace with the words "adversely affects". 31. By renumbering existing Section 4.4.25 as new Section 4.4.38 and by adding the words "south of the Oak Ridges Moraine," after the word "proposals", and by deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.37". 10 Proposed Amendment No. 33 August 20, 2003 32. By renumbering existing Section 4.4.26 as .new Section 4.4.39 and by adding the words "and Map D" after the words "Map C", by deleting the word "significance" before the word "woodland", and by deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.37,or Section 4.4.42"; and by adding the words Conservation Authorities, after the word "Municipality". 33. By renumbering existing Section 4.4.27 as new Section 4.4.40 and by deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.37". 34. By renumbering existing Section 4.4.28 as new Section 4.4.41 and by adding ,the following words at the beginning of the section "Within the Oak Ridges Moraine," and by deleting the words "Official Plan Amendment or rezoning application located on the Oak Ridges Moraine as identified on Map C. The Municipality shall select and retain qualified professional expertise to prepare the study, with the expense of the study being borne by the proponent." and by replacing them with the following words "development or site alteration proposed within any Natural Heritage Feature or Hydrological Sensitive Feature as identified in Sections 4.4.2, 4.4.3 or 4.4.4 of this Plan, and/or within the minimum area of influence of any Natural /Heritage Feature or Hydrological Sensitive Feature in accordance with Table 4-1 of this Plan". By deleting- the word "significant" before the words "natural heritage". And by deleting the word "shall" and replacing it with "may" after the word "Municipality" and adding the words "or peer review a study, "after the words "prepare the study" and by deleting the words "of the study" after the word "expense" all in the last sentence of the section. 35. By adding new Section 4.4.42, 4.4.43, 4.4.44 and 4.4.45 as follows: "4.4.42 In accordance with Section 4.4.41, a Natural Heritage Evaluation for any development or site alteration within the Oak Ridges Moraine shall: a) provide an inventory of vegetation and wildlife habitat on and within the vicinity of the proposed development site; a) provide a comprehensive survey of wildlife use of the proposed development s+te and adjacent lands; b) identify the anticipated impacts from the proposed development and its associated activities, including noise, dust and vegetation removal, on the Natural Heritage Features ; d) identify lands where forest cover should be preserved or enhanced; e) demonstrate that the development or site alteration applied for will have no adverse effects on the Natural Heritage Features or on their ecological functions; 11 0 a a u 0 0 0 LJ L r e C C Proposed Amendment No. 33 August 20, 2003 f) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the Natural Heritage Feature and its connectivity with other Natural Heritage Features; g) demonstrate how connectivity within and between Natural Heritage Features will be maintained and, where possible, improved or restored before, during and after construction; h) determine whether the dimensions of a minimum vegetation protection zone as specified in Table 4-1 of this Plan are sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; i) specify the need for and dimensions of a minimum vegetation protection zone where Table 4-1 of this Plan does not identify the dimensions of a minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self- sustaining vegetation within it, j) in the case of a Natural Heritage Feature that is fish habitat, ensure compliance with the requirements of the Department of Fisheries and Oceans (Canada), and k) in the case of a Life Science ANSI identified in Table 4-1, the basis on which the determination and specification mentioned in subsection i) above, is done shall include, without limitation, an analysis of land use, soil type, slope class and vegetation type, using criteria established by the Government of Ontario, as amended from time to time. 4.4.43 In accordance with Section 4.4.41, a Hydrological Evaluation shall also be conducted for any development or site alteration within the Oak Ridges Moraine. This evaluation shall: a) demonstrate that the development or site alteration will have no adverse effects on the Hydrologically Sensitive Feature or on the related hydrological functions; b) identify planning, design and construction practices that will maintain, and where possible improve or restore, the health, diversity and size of the Hydrologically Sensitive Feature, c) determine whether the minimum vegetation protection zone whose dimensions are specified in Table 4-1 is sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it, and 12 Proposed Amendment No. 33 August 20, 2003 64. In existing Section 14.3.1, by deleting the words "the Oak Ridges Moraine Greenway" and replacing them with the words "Natural Core Areas, Natural Linkage Areas,". 65. In existing Section 14.4.2, by replacing the word "in" with the words "on lands designated", and by replacing the word "passive" with the words "low- intensity" before the word "recreation", and by adding the words "forest, fish and wildlife management or" after the words "uses related to". 66. In existing Section 14.4.3, by adding the words "With the exception of lands designated Environmental Protection Area within the Oak Ridges Moraine, all other lands designated" to the beginning of the section, and by deleting the word "The" before the words "Environmental Protection Area" and by deleting the word "designation" after the words "Environmental Protection Area", and by adding to the end of the section the following words "The limits of the Environmental Protection Area within the Oak Ridges Moraine area may be verified through the preparation of a Natural Heritage Evaluation or Hydrological Evaluation in accordance with Section 4.4.42 and 4.4.43 of this Plan." 67. In existing Section 14.4.4, by adding the words "With the exception of designated Environmental Protection Areas in the Oak Ridges Moraine," by deleting the word "The" before the word "extent" and by adding to the end of the section the words "Within the Oak Ridges Moraine, the areas designated Environmental Protection shall include those features identified in Sections 4.4.2 and 4.4.3 of this Plan and the established minimum vegetative buffer zone as described in Table 4-1 of this Plan." 68. In existing Section 14.5.1, by deleting the words "Oak Ridges Moraine Greenway" and replacing them with the words "Natural Core Area, Natural Linkage Area". 69. By deleting existing Section title "14.6 Oak Ridges Moraine" and by adding new Section title "14.6 Natural Core Area". 70. By deleting existing Section 14.6.1 and replacing it with the following new Section 14.6.1: "14.6.1 The Natural Core Area as designated on Map A possesses a high concentration of Natural Heritage Features, Hydrologically Sensitive Features or landform conservation areas. The maintenance, restoration or improvement to the health, size, diversity and connectivity of these features and areas is critical in ensuring the ecological integrity of the moraine." 71. By deleting existing Section 14.6.2. 18 Proposed Amendment No. 33 August 20, 2003 72. By adding new Sections 14.6.2, 14.6.3 and 14.6.4 as follows: "14.6.2 The predominant use of land within the Natural Core Areas may include agricultural uses, low-intensity recreation unserviced parks and uses related to fish, wildlife and forest management, conservation projects, and flood and erosion control projects having regard for the provisions of Chapter 4 . 14.6.3 Where lands have a dual designation of Natural Core Area and Environmental Protection Area on Map A the permitted uses and associated policies of the Environmental Protection Area shall prevail. 14.6.4 Small-scale structures accessory to low-intensity recreational uses, such as trails boardwalks, foot bridges, fences, docks and picnic facilities, are permitted only if the applicant demonstrates that the adverse effects on the ecological integrity of the Plan Area will be kept to a minimum by, a) keeping disturbed areas to a minimum; and b) avoiding the most sensitive portions of the site, such as steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened species." 73. By renumbering existing Section 14.6.3 as new Section 14.6.5 and by deleting the words "Oak Ridges Moraine Greenway" and replacing them with the words "Natural Core Area" and by deleting the words "Section 4.4.9 through to 4.4.16, and Section 4.4.28" and replacing them with the words "Chapters 4, 12, 13 and 23". 74. By adding a new section title "14.7 Natural Linkage Area". 75. By adding new Sections 14.7.1, 14.7.2, 14.7.3, 14.7.4 and 14.7.5 as follows: "14.7.1 The Natural Linkage Area as designated on Map A forms part of a corridor system that supports, or have the potential to support, the movement of plants and animals between the Natural Core Areas, Natural Linkage Areas and stream corridors. Protection of these critical natural and open space linkages is essential in ensuring the movement of plants and animals between core areas and stream corridors. 14.7.2 In accordance with Chapter 4 of this Plan, the predominant use of land within the Natural Linkage Areas may include agricultural uses, home-based occupations, home industries, bed and breakfast establishments, farm vacation homes, low-intensity recreational uses, unserviced parks, and uses related to fish, wildlife and forest management, conservation projects, and flood and erosion control projects. 19 L Proposed Amendment No. 33 August 20, 2003 14.7.3 The permitted uses and associat ed policies of the Environmental Protection Area shall prevail. 14.7.4 Small-scale structures accessory to low-intensity recreational uses may be permitted in accordance with Section 14.6.4. 14.7.5 In addition to the other policies of the Plan, the Natural Linkage Area is subject to the policies set out in Chapters 4, 12, 13, 15 and 23 of this Plan." 76. By renumbering existing section title "14.7 WATERFRONT GREENWAY" as new section "14.8 WATERFRONT GREENWAY". 77. By renumbering the following existing sections: a. Existing Section 14.7.1 as new Section 14.8.1; b. Existing Section 14.7.2 as new Section 14.8.2. 78. By renumbering existing Section 14.7.3 as new Section 14.8.3 and by deleting the words "Map D" and replacing them with the words "Map F". 79. In existing Section 15.3.2, by adding the following sentence after the sentence ending in the words "an amendment to this Plan", "An existing mineral aggregate operation within a Natural Core Area may not be expanded beyond the boundary of the area under licence or permit." 80. In existing Section 15.3.5, by deleting the words "Sections 4.5.23" and replacing them with the words "Sections 4.5.28". 81. In existing Section 15.3.7, by deleting the words. "Sections 4.4.24, 4.4.25, 4.4.26, 4.4.28" and replacing them with the words "Section 4.4.37, 4.4.38, and 4.4.41" and by deleting the numbers "4.4.29" and replacing them with the numbers "4.4.43". 82. In existing Section 15.3.9(g), by deleting the words "Section 4.4.29 a) to f)" and replacing them with the words "Section 4.4.42", by deleting the words "Oak Ridges Moraine Natural Corridor" and replacing them with the words "Natural Linkage Area", and by deleting the words "Map C" and replacing them with the words "Map A". 83. In existing Section 15.3.9(h), by adding the words "15.3.11, to 15.3.15 inclusive" at the end of the sentence. 84. By renumbering the following existing Sections a. Existing Section 15.3.11 as new Section 15.3.16 b. Existing Section 15.3.12 as new Section 15.3.17 c. Existing Section 15.3.13 as new Section 15.3.18; 20 L Proposed Amendment No. 33 August 20, 2003 85. By adding new Sections 15.3.11, 15.3.12, 15.3.13, 15.3.14, and 15.3.15 as follows: "15.3.11 Within the Oak Ridges Moraine, an application for amendment to this Plan for a proposed Aggregate Extraction Area shall not be approved unless the applicant demonstrates, a) that the quantity and quality of groundwater and surface water in the Oak Ridges Moraine will be maintained and, where possible, improved or restored; b) that as much of the site as possible will be rehabilitated by establishing or restoring natural self-sustaining vegetation or rehabilitated in accordance with Section 15.3.18 of this Plan if applicable; c) if there are Natural Heritage Features on the site or on adjacent land, that their health, diversity, size and connectivity will be maintained and, where possible, improved or restored in accordance with Section 4 of this Plan; and d) if there are areas of natural and scientific interest (earth science) on the site or on adjacent land, that the geological or geomorphological attributes for which they were identified will be protected. 15.3.12 Within the Oak Ridges Moraine, an application for amendment to this Plan for a proposed Aggregate Extraction Area with respect to land in a Natural Linkage Area shall not be approved unless the applicant demonstrates, a) that there will be compliance with Section 15.3.11 of this Plan; b) that there will be no extraction within 1.5 metres of the water table; c) that the extraction of mineral aggregates from the site will be completed as quickly as possible; d) that the site will be~ rehabilitated in stages as quickly as possible; and e) that the entire site will be rehabilitated by establishing or restoring natural self-sustaining vegetation or rehabilitated in accordance with Section 15.3.18 of this Plan if applicable. 15.3.13 In order to maintain connectivity, when an Aggregate Extraction Area is located in a Natural Linkage Area, there shall at all times be an excluded area (which, for greater certainty, may contain both undisturbed land and land whose rehabilitation is complete) that, a) is at least 1.25 kilometres wide; 21 t Proposed Amendment No. 33 August 20, 2003 b) lies outside the active or unrehabilitated portions of the area being used; and c) connects parts of the Natural Linkage Area outside the aggregate extraction area. 15.3.14 Despite Section 4.4.5 of this Plan, an application for amendment to this Plan for a proposed Aggregate Extraction Area with respect to land in a Natural Heritage Feature shall not be . approved unless the applicant demonstrates that: a) the Natural Heritage Feature is occupied by young plantations or early successional habitat; b) in accordance with Section 4.4.39 of this Plan, the long- term ecological integrity of .the Oak Ridges Moraine will be maintained, or where possible improved or restored, c) the extraction of mineral aggregates from the area within the Natural Heritage Feature will be completed, and the area will be rehabilitated, as early as possible in the life of the operation, and d) the area from which mineral aggregates are extracted will be rehabilitated by establishing or restoring natural self- sustaining vegetation of equal or greater ecological value. 15.3.15 Within the Oak Ridges Moraine, an application for amendment to this Plan for a proposed Aggregate Extraction Area with respect to land in a landform conservation area (Category 1 or 2) shall not be approved unless the applicant demonstrates, a) that the area from which mineral aggregates are extracted will be rehabilitated to establish a landform character that blends in with the landform patterns of the adjacent land; and b) in accordance with Section .4.4.39 of this Plan, that the long-term ecological integrity of the Oak Ridges Moraine will be maintained, or where possible improved or restored." 86. In new Section 15.3.16(d), by deleting the words "Section 15.3.12" and replacing them with the words "Section 15.3.17". 87. In new Section 15.3.16(e), by deleting the words "Section 15.3.13" and replacing them with the words "Section 15.3.18". 88. In existing Section 16.2.2, by adding the following sentence after the sentence ending in "June 5, 1991 ", "Any. expansion to existing uses, the establishment of new buildings or facilities, shall be in accordance with the policies associated with the Environmental Protection Area and Natural Linkage Area designations and Chapter 4 of this Plan." 22 Proposed Amendment No. 33 August 20, 2003 89. By adding new Sections 19.3.10, 19.3.11, 19.3.12, 19.3.13, 19.3.14, and 19.3.15 as follows: "19.3.10 Within the Oak Ridges Moraine, transportation uses shall include public highways, transit lines, railways and related facilities, bridges, .interchanges, stations and other structures above and below ground that are required for the construction, operation of these uses and any rights of ways required for these facilities. 19.3.11 An application for a transportation use with respect to land in a Natural Linkage Area shall not be approved unless the need for the project has been demonstrated and there is no reasonable alternative and the applicant demonstrates that the following requirements will be satisfied, to the extent that is possible while also meeting all applicable safety standards: a) The area of construction disturbance will be kept to a minimum; b) Right of way widths will be kept to the minimum that is consistent with meeting other objectives such as stormwater management and with locating as many transportation, infrastructure, and utility uses within a single corridor as possible; c) The project will allow for wildlife movement; d) Lighting will be focused downwards and away from Natural Core Areas; e) The planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine to a minimum. 19.3.12 An application for a transportation use with respect to land in a Natural Core Area shall not be approved unless the applicant demonstrates that, a) the requirements of Section 19.3.11 have been met; b) the project does not include and will not in the future require a highway interchange or a transit or railway station in a Natural Core Area; and c) the project is located as close to the edge of the Natural Core Area as possible. 19.3.13 Except as permitted in Section 19.3.14, with respect to land in a Natural Heritage feature or a Hydrologically Sensitive feature, all new transportation uses and upgrading or extension of existing transportation uses, including the opening of a road within an unopened road allowance, are prohibited. 23 l Proposed Amendment No. 33 August 20, 2003 19.3.14 Transportation uses may be permitted to cross a Natural Heritage Feature or a Hydrologically Sensitive Feature if the applicant demonstrates that, a) the need for the project has been demonstrated and there is no reasonable alternative; b) the planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine to a minimum; c) the design practices adopted will maintain, and where possible improve or restore, ecological and recreational linkages, including the trail system referred to Section 4.4.28; d) the landscape design will be adapted to the circumstances of the site and use native plant species as much as possible, especially along rights of way; and e) the long-term landscape management approaches adopted will maintain, and where possible improve or restore, the health, diversity, size and connectivity of the Natural Heritage Feature or Hydrologically Sensitive Feature. 19.3.15 Service and utility trenches for transportation uses shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum." 90. *By renumbering existing Section19.4.4 as new Section 19.4.5 and by deleting the sentence "The corridor for the future Highway 407 is designated on Map A as Green Space.", and by deleting the word "Highway" before the words "shall serve" and replace with the words "future Highway 407". 91. By adding new Section 19.4.4 as follows: "19.4.4 The alignment of future Highway 407 as shown on the maps to this Official Plan relect the technically preferred route as determined in accordance with the technical studies prepared by the Province during the early 1990s. The need for future Highway 407 and the alignment through the Municipality of Clarington is currenly under investigation. The fact that an alignment is shown on the maps to this Official Plan does not reflect Municipal policy or Municipal support for the establishment of future Highway 407." 92. By adding new Section 20.2.7 as follows: "20.2.7 The objectives of a stormwater management plan are to, a) maintain groundwater quantity and flow and stream baseflow; b) protect water quality; c) protect aquatic species and their habitat; d) prevent increases in stream channel erosion; and e) prevent any increase in flood risk." 24 Proposed Amendment No. 33 August 20, 2003 I' 93. By adding new section title "20..3 Stormwater Management within the Oak Ridges Moraine". 94. By adding new Sections 20.3.1, 20.3.2, 20.3.3, 20.3.4, 20.3.5, 20.3.6, 20.3.7, and 20.3.8 as follows: "20.3.1 In addition to the policies set out below, stormwater management facilities within the Oak Ridges Moraine shall also be subject to the policies of Sections 19.3.11 to 19.3.15 of this Plan. 20.3.2 Within the Oak Ridges Moraine, the following objectives shall be maintained: a) a minimum of 30% of the area in a subwatershed has self-sustaining vegetation; and b) 80% of suspended solids shall be removed from stormwater runoff as a long-term average for water quality. 20.3.3 All development and site alteration within a subwatershed in the Oak Ridges Moraine shall be prohibited if the total percentage of the area of the subwatershed to have impervious surfaces would exceed; a) 10% or b) any lower percentage as specified in the applicable watershed plan as a result of the development application. 20.3.4 Stormwater management plans for lands within the Oak Ridges Moraine shall be prepared in accordance with the applicable watershed plan and shall provide for an integrated treatment train approach that uses a planned sequence of methods of controlling stormwater. and keeping its impact to a minimum using techniques such as: a) devices and designs that direct roof discharge to rear yard ponding areas; b) conveyance controls such as grassed swales; and c) end-of-pipe controls such as wet ponds at the final discharge stage. 20.3.5. To minimize stormwater volumes and contaminant loads, applications for development or site alteration within the Oak Ridges Moraine shall reduce impervious surfaces and limit disruption to naturalized areas. Applicants shall seek methods to increase the amount of area to be retained in a natural undisturbed state. 25 E Proposed Amendment No. 33 August 20, 2003 20.3.6 Within the Oak Ridges Moraine, every application for development or site alteration excepting Aggregate Extraction Areas, shall demonstrate that planning, design and construction practices that protect water resources will be used, including, a) keeping the removal of vegetation, grading and soil compaction to a minimum; b) keeping all sediment that ~is eroded during construction within the site; c) ~ seeding or sodding exposed soils as soon as possible after construction; and d) keeping chemical applications to suppress dust and r control pests and vegetation to a minimum. 20.3.7 Within the Oak Ridges Moraine, municipal development standards shall incorporate planning, design and construction practices that will, a) reduce the portions of lots and sites that have impervious surfaces; and b) provide the flexibility to use alternative stormwater management techniques such as directing roof discharge to rear yard ponding areas and using grassed swales. 20.3.8 Despite anything else in this Plan, within the Oak Ridges Moraine, new stormwater management ponds are prohibited with respect to land in Natural Heritage Features and Hydrologically Sensitive Features. Also, new rapid infiltration basins and new rapid infiltration columns are prohibited within the Oak Ridges Moraine." 95. By amending existing Section 21.2.2 by deleting the word "and" after the words "Central Area"; by adding the word "and" after the words "provincial approvals" and by adding the following: "e) it complies with the policies of Section 19.3.11 to 19.3.15 inclusive as appropriate and relevant for the proposed utility, facility or corridor." 96. In existing Section 23.1.4 by adding the words "provincial policy and" after the words "continues to embody". 97. In existing Section 23.2.3(c), by adding the words "with the exception of the South limit of the Oak Ridges Moraine which has been established by the Province as Ontario Regulation 140/02" after the words "base information on any Map". 98. In existing Section 23.2.5(d), by deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.40". 26 Proposed Amendment No. 33 August 20, 2003 99. By deleting existing Section 23.5.4 and by amalgamating Section 23.5.4 into the end of existing Section 23.5.3 as follows: "23.5.3 This Official Plan shall not limit the authority of Council to pass a by-law permitting the extension or enlargement of legal non- conforming uses, buildings or structures. Prior to passing a by- law to recognize the continuation, expansion or enlargement of non-conforming use, or the variations to similar uses, Council shall be satisfied that a) it is not feasible to relocate the existing use; b) it does not aggravate the situation created by the existence of the use, especially in regard to the policies of this Plan and the requirements of the implementing Zoning By-law; c) the size is appropriate in relation to the existing legal non-conforming use; d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or lighting so as to create a public nuisance or health hazard; e) the neighbouring conforming uses are protected, where necessary, by the provision of landscaping, buffering, screening and other measures; and f) it shall not adversely affect traffic, access or parking conditions in the vicinity. " 100. By adding new Sections 23.5.4, 23.5.5, and 23.5.6, as follows: "23.5.4 Notwithstanding 23.5.3 within the Oak Ridges Moraine, the expansion of an existing building or structure on the same lot or expansion of an institutional use or the conversion of an existing use to a similar use, may only be considered if: a) the applicant demonstrates that the criteria of Section 23.5.3 can be satisfied; b) there will be no change in use; and c) the applicant demonstrates in accordance with Section 4.4.41 of this Plan, that the expansion will not adversely affect the ecological integrity of the Oak Ridges Moraine . 23.5.5 Nothing in this Plan shall prevent the reconstruction within a reasonable time frame, within the same location and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner's control, and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use. 23.5.6 If an existing use has adverse effects on the ecological integrity of the Oak Ridges Moraine or a natural heritage feature, any 27 Proposed Amendment No. 33 August 20, 2003 application to expand the building, structure or use or to convert the existing use to a similar use shall be considered with the objective of bringing the use into closer conformity with this Plan." 101. In existing Section 23.7.1 k) by deleting the words "Section 4.5.15" and replacing them with the words "Section 4.5.21 ". 102. By adding new Sections 23.7.2, 23.7.3, 23.7.4, and 23.7.5 as follows: "23.7.2 Severances to facilitate conveyances to public bodies or non- profit entities for natural heritage conservation are permitted." 23.7.3 Creation of individual parcels of land by severance in the Oak Ridges Moraine are subject to Sections 23.7.1, 4.4.41 and Table 4.1 of this Plan and the following where applicable: a) For a severance from a rural lot, of a farm retirement lot or a lot for a residence surplus to a farming operation only, a cumulative total of one such severance for each rural lot may be permitted. All consents granted on or after January 1, 1994 are included in the calculation of the cumulative total. b) Severance from each other of .two or more rural lots that have merged in title, the severance shall follow the original lot lines or original half lot lines. c) Severance facilitating land acquisition for transportation, infrastructure, and utilities, but only if the need for the project has been demonstrated and there is no reasonable alternative. d) Severance facilitating the addition of adjacent land to an existing lot, but only if the adjustment does not result in the creation of a lot that is undersized for the purpose for which it is being or may be used. e) Severance from each other of parts of a lot that are devoted to different uses, but only if the uses are legally established at the time of the application for severance." 23.7.4 Notwithstanding Section 23.7.2 a lot may be created in the Oak Ridges Moraine only if there is enough net developable area on both the severed lot and the retained lot to accommodate proposed uses, buildings and structures .and accessory uses without encroachment on any Natural Heritage Features or .Hydrologically Sensitive Features. 23.7.5 When a lot is created in accordance with Sections 23.7.2 and 23.7.3 the Municipality shall enter into a site plan agreement or other agreement with the applicant to establish conditions requiring that natural self-sustaining vegetation be maintained or restored in order to ensure the long-term protection of any 28 t Proposed Amendment No. 33 August 20, 2003 Natural Heritage Features and Hydrologically Sensitive Features on the lot." 103. By adding new Section 23.9.2 as follows: "23.9.2 Within the Oak Ridges Moraine, the use, erection or location of a single detached dwelling may be considered if: a) the use, erection and location would have been permitted by the Zoning By-law on November 15, 2001; b) the location has frontage on an open and maintained public road; c) authorization from the Conservation Authority is provided; and d) the applicant demonstrates, in accordance with Section 4.4.41 of this Plan, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Oak Ridges Moraine ." 104. In existing Section 24.13 add the following new definition: "Accessory Use The use of any land, building or structure which is subordinate or incidental to the principal use located on the same lot." 105. In existing Section 24.13 amend the definition of "Adjacent", by adding the words "and Map D" after the words "Map C", and by deleting the words "negative impact" and replacing them with the words "adverse effect". 106. In existing Section 24.13 add the following new definitions: "Adverse Effect Means any impairment, disruption, destruction or harmful alteration. Adversely Affect Means to have an adverse effect on. Agricultural Uses - (Oak Ridges Moraine) Means (a) growing crops, including nursery and horticultural crops, (b) raising livestock and other animals, including poultry and fish, for food and fur, (c) aquaculture, and (d) agro-forestry and maple syrup production. Agriculture-Related Uses - (Oak Ridges Moraine) Means commercial and industrial uses that are, (a) small-scale, (b) directly related to a farm operation, and (c) required in close proximity to the farm operation. 29 Proposed Amendment No. 33 .August 20, 2003 Animal Agriculture - (Oak Ridges Moraine) Means growing, producing and raising farm animals including, without limitation, (a) livestock, including equines, poultry and ratites, (b) fur-bearing animals, (c) bees, (d) cultured fish, (e) deer and elk, and ~, (f) game animals and birds. Aquifer Vulnerability Means an aquifer's intrinsic susceptibility, as a function of the thickness and permeability of overlying .layers, to contamination from both human and natural impact on water quality." 107. In existing Section 24.13 delete the definition of "Bed and Breakfast" and replace it with the following new definition: "Bed and Breakfast Means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling 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." 108. In existing Section 24.13 add the following new definitions: "Connectivity Means the degree to which Natural Heritage Features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs. Development - (Oak Ridges Moraine) Means the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, the Environmental Assessment Act, or the Drainage Act, but does not include, a) the construction of facilities for transportation, infrastructure and utilities uses, by a public body, or b) for greater certainty, (i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or n 30 Proposed Amendment No. 33 August 20, 2003 (ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001. Dwelling Unit Means one or more habitable rooms, occupied or capable of being occupied as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants. Earth Science Values Means values that relate to the geological, .soil and landform features of the environment. Ecological Features Means naturally occurring land, contribute to ecological integrity. water and biotic features that Ecological Integrity Which includes hydrological integrity, means the condition of ecosystems in which, a) the structure, composition and function of the ecosystems are unimpaired by stresses from human activity, b) natural ecological processes are intact and self- sustaining, and c) the ecosystems evolve naturally. Ecological Value - (Oak Ridges Moraine) Means the value of vegetation in maintaining the health of the natural heritage feature and the related ecological features and ecological functions, as measured by factors such as the diversity of species, the diversity of habitats, and the suitability and amount of habitats that are available for rare, threatened and endangered species. Endangered Species Means any native species, as listed in the regulations under the Endangered Species Act, that is at risk of extinction throughout all or part of its Ontario range if the limiting factors are not reversed. Existing - (Oak Ridges Moraine) Means lawfully in existence on November 15, 2001, and for greater certainty does -not include a use, building or structure that is in existence on that date without being lawful e1 Farm Retirement Lot - (Oak Ridges Moraine) Means a lot that is severed from land that is being used in a farming operation, on the application of a person who, 31 i Proposed Amendment No. 33 August 20, 2003 a) owned and operated the farm operation, as a full-time farmer, for a substantial number of years, b) was engaged in farming on January 1, 1994 or on an earlier date set out in the applicable official plan, and c) has reached retirement age and is retiring from active ~n working life." 109. In existing Section 24.13 amend the definition of "Fish Habitat", by adding the words "as further identified by the Department of Fisheries and Oceans (Canada)", after the words "life processes" . 110. In existing Section 24.13 add the following new definitions: "Forest Access Road Means a one or two -lane unpaved road that is designed to provide access to and within a woodland for wildlife, fish and forest management purposes. Forest Management . Means the management of woodlands in a sustainable manner which may include accessory uses such as the construction and maintenance of forest access roads and maple syrup production. facilities, a) for the production of wood and wood products, including maple syrup, b) to provide outdoor recreation opportunities, c) to maintain, and. where possible improve or restore, conditions for wildlife, and d) to protect water supplies. Habitat of Rare, Endangered, and Threatened Species Means land that, a) is an area where individuals of an endangered species, a rare species or a threatened species live or have the potential to live and find adequate amounts of food, water, shelter, and space needed to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non- migratory species; and b) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time. Hazardous Waste Has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990." 32 t Proposed Amendment No. 33 August 20, 2003 111. In existin Section 24.13 amend the definition of "Home-Industry", by adding 9 ,~ the words "auto repair, furniture stripping or" after the words "not include" 112. In existing Section 24.13 amend the definition of "Home-based Occupation", by deleting the words "property or farm" and replacing them with the word "dwelling", and by deleting the words "trades business excluding manufacturing and retail". 113. In existing Section 24.13, add the following definitions: "Hydrological Cycle Means the circulation of water from the atmosphere to the earth and back through precipitation, runoff, infiltration, groundwater flow and evapotranspiration, including the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water's interaction with the environment including its relation to living things. Hydrological Functions Means the functions of the hydrological cycle that include the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water's interaction with the environment including its relation to living things. Hydrological Integrity Means the condition of ecosystems in which hydrological features and hydrological functions are unimpaired by stresses from human activity. Impervious Surface Means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot. Institutional Use - (Oak Ridges Moraine) Includes, without limitation, along-term care facility, hospital, school, university or college. Kame Means a mound, hummock or conical hill of glacial origin. Kettle Lake Means a depression formed by glacial action and permanently filled with water. 33 Proposed Amendment No. 33 August 20, 2003 Landform Conservation Area - (Oak Ridges Moraine) Is an area possessing significant landform features such as step slopes, kames, kettles, ravines and ridges. Landform Feature Means distinctive physical attributes of land such as slope, shape, elevation and relief. Life Science Values Means values that relate to the living component of the environment. Liquid Industrial Waste Has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990. Lot Means a parcel of land that is, a) described in a deed or other document legally capable of conveying an interest in the land, or b) shown as a lot or block on a registered plan of subdivision. Major Development - (Oak Ridges Moraine) Means development consisting of, a) the creation of four or more lots, or the construction of a building or buildings with a ground floor area of 500 m2 or more. b) the construction of a building or buildings with a ground floor area of 500 m2 or more, or c) the establishment of a major recreational use. Meander Belt Means the area within which a stable river channel can be expected to move laterally back and forth over a given stream reach during the next 100 years. Natural Heritage Features - (Oak Ridges Moraine) Include those key natural heritage features and/or hydrologic features as defined by the Province. Net Developable Area - (Oak Ridges Moraine) Means the area of a lot or site, less any area that is within a natural heritage feature or a hydrologically sensitive feature." a' 114. In existing Section 24.13 amend the definition of "Natural Heritage System" by deleting the words "that connect natural core and corridor areas." At the end of the sentence. 34 Proposed Amendment No. 33 August 20, 2003 115. The existing Section 24.13 add the following new definitions: "Natural Self-Sustaining Vegetation Means self-sustaining vegetation dominated by native plant species. Original Half Lot - (Oak Ridges Moraine) Means half of an original lot that contained 80.9 hectares (200 acres), more or less. Original Lot - (Oak Ridges Moraine) Means a township lot shown on a plan certified by the Surveyor General of Ontario as being the original plan of an original survey. Partial Service - (Oak Ridges Moraine) Means connections linking a building to, a) a communal sewage or water service or a full municipal sewage or water service, and b) an individual on-site sewage or water system. Prime Agricultural Land - (Oak Ridges Moraine) Means, a) land where fruit and vegetable crops and greenhouse crops are grown, b) agriculturally developed organic soil land, or c) land with Class 1, 2 or 3 soils according to the Canada Land Inventory. Rapid Infiltration Basin - (Oak Ridges Moraine) Means a basin or system of basins at or below surface grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces. Rapid Infiltration Column - (Oak Ridges Moraine) Means a column or system of columns at or below surface grade-that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces. Rare Species Means a native species threatened but, because ~ specialized habitat needs, i~ that is not currently at risk of becoming fits limited distribution, small population or could be put at risk of becoming threatened 35 Proposed Amendment No. 33 August 20, 2003 through all or part of its Ontario range by changes in land use or increases in certain types of human activity." 116. In existing Section 24.13 delete the definition "Recreation, Passive" and replacing it as follows: "Recreation- Low Intensity Uses that have minimal impact on the natural environment, and require very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to the following uses: non- motorized trail uses; natural heritage appreciation, unserviced camping on public and institutional land." 117. In existing Section 24.13, add the following definitions: "Residence Surplus to a Farming Operation - (Oak Ridges Moraine) Means, a) if there are two or more farm residences, both built before 1978, on a lot that is being used in a farming operation, one of those residences that is surplus to the farming operation, or b) if the owner and operator of a farming operation acquires an additional lot and uses it in the consolidated farming operation, any existing farm residence that is surplus to the consolidated farming operation. Retirement Home - (Oak Ridges Moraine) Means a building in which, a) accommodation is provided, mainly for retired persons, b) common kitchen and dining facilities are provided for the residents, and c) common lounges, recreation rooms and health care facilities may also be provided for the residents. Rural Lot - (Oak Ridges Moraine) Means a lot that is at least 97.5 per cent of the land that is left in an original lot or an original half lot after the deduction of any land that is, a) conveyed at any time for transportation, utilities and infrastructure facilities, whether before, on, or after November 16, 2001, or b) validly conveyed before June 27, 1970." 118. In existing Section 24.13 amend the definition of "Rural Residential Concentration", by deleting the words "Section 4.5.11" and replacing them with the words "Section 4.5.16". t 36 t Proposed Amendment No. 33 August 20, 2003 119. In existing Section 24.13 add the following definitions: "Sand Barrens Means land (not including land that is being used for agricultural purposes and no longer exhibits sand barrens characteristics) that, a) has sparse or patchy vegetation that is dominated by plants that are, (i) adapted to severe drought and low nutrient levels, and (ii) maintained by severe environmental limitations such as drought, low nutrient levels and periodic disturbances such as fire, b) has less than 25 per cent tree cover, c) has sandy soils (other than shorelines) exposed by natural erosion, depositional process or both, and d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time;. Saturated Zone Means the zone below the water table where the spaces between soil grains are filled with water. Savannah Means land (not including land that is being used for agricultural purposes and no longer exhibits savannah characteristics) that, a) has vegetation with a significant component of non- woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, b) has from 25 per cent to 60 per cent tree cover, c) has mineral soils, and d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; Self-Sustaining Vegetation Means vegetation dominated by plants that can grow and persist without direct human management, protection, or tending." 120. In existing Section 24.13 amend the definition of "Significant Plantation", by deleting the words "greater than 30 ha located on the Oak Ridges Moraine or", and by deleting the words "located in the rest of the Municipality", and by adding the words "Significance of a plantation within the Oak Ridges Moraine is determined by the Ministry of Natural Resources using evaluation procedures established by that Ministry, or by a study conducted in 37 Proposed Amendment No. 33 August 20, 2003 accordance with this Plan" after the sentence ending in the words "important ecological functions" 121. In existing Section 24.13 amend the definition ~of "Significant Woodland", by deleting the words "greater than 30 ha located on the Oak Ridges Moraine", and by deleting the words "rest of the", and by adding the words "Significance of woodlands within the Oak Ridges Moraine is determined by the Ministry of Natural Resources using evaluation procedures established by that Ministry, or by a study conducted in accordance with this Plan" after the sentence ending in the words "in urban areas and Hamlets" 122. In existing Section 24.13, add the following definitions: "Single Detached Dwelling - (Oak Ridges Moraine) Means a building containing only one dwelling unit Site Means the land subject to an application. Site Alteration - (Oak Ridges Moraine) Means 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) -for greater certainty, (i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or (ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001; Stormwater Management Pond Means a detention basin that temporarily stores or treats collected stormwater runoff and releases it at a controlled rate. Subwatershed Means an area that is drained by a tributary or some defined portion of a stream. Surface Catchment Area Means the area including and surrounding a kettle lake or wetland, from which surface runoff drains directly into the kettle lake or wetland. Sustainable When used with respect to a natural resource, means that the natural resource is able to support a particular use or activity without being adversely affected. 38 Proposed Amendment No. 33 August 20, 2003 Tall r g ass Prairie Means land (not including land that is being used for agricultural ` purposes and no longer exhibits tallgrass prairie characteristics) that, a) has vegetation dominated by non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both,. b) has less than 25 per cent tree cover, c) has mineral soils, and d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; Threatened Species Means any native species that is .at risk of becoming endangered throughout all or part of its Ontario range if the limiting factors are not reversed. Time of Travel Means the time that is needed for groundwater to travel a specified horizontal distance in the saturated zone. Unserviced Park Means a park that provides recreational opportunities and facilities, including playing fields, but without outdoor lighting, accessory commercial facilities, paved parking lots or permanent water or sewer facilities. Watershed Means an area that is drained by a river and its tributaries. Wellhead Protection Area Means the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move so as eventually to reach the water well or well field." 123. In existing Section 24.13 amend the definition of "Woodland", by deleting the words "but shall not include a cultivated fruit or nut orchard" after the words "provision of habitat" 124. In existing Section 24.13 add the following definition: "Zone of Contribution When used in reference to a period of time, means the area within which the water pumped from a well originates during that time." 39 Proposed Amendment No. 33 August 20, 2003 125. By amending Map Al (Darlington and Clarke) as indicated in Schedule "A1" and "A2" to this Amendment, adding the "Oak Ridges Moraine Limit", deleting all existing land use designation north of the "Oak Ridges Moraine Limit" and replace with new land use designations as shown north of the "Oak Ridges Moraine Limit" 126. By amending Map C2 as indicated in Schedule "B" to this Amendment by deleting the "south limit of Oak Ridges Moraine" by adding new "Oak Ridges Moraine Limit", by deleting the "Natural Heritage System" north of the "Oak Ridges .Moraine Limit", by deleting the limits of the "Oak Ridges Moraine Natural Corridor", and by deleting the limits of -the "Long Sault Forest" and replace them with new limits of the Natural Core Area north of the "Oak Ridges Moraine Limit". 127. By amending Map C4 as indicated in Schedule "C" to this Amendment by deleting the "south limit of the Oak Ridges Moraine" by adding new "Oak Ridges Moraine Limit", by deleting the "Natural Heritage System" north of the Oak Ridges Moraine Corridor", and by deleting the limits of the "Ganaraska Forest" north of the "Oak Ridges Moraine Limit" and replace with new limits of the "Ganaraska Forest" reflecting the limits of the Natural Core Area north of the "Oak Ridges Moraine Limit" 128. By renaming existing Map D entitled "Natural Hazards and Land Characteristics" as new Map F entitled "Natural Hazards and Land Characteristics"; by adding the "Oak Ridges Moraine Limit"; and by deleting all "Hazard Land" located north of "Oak Ridges Moraine Limit" and replace with new "Hazard Land" as indicated in Schedule "D" to this Amendment. 129. By renaming existing Maps E1, E2 and E3 entitled "Neighbourhood Planning Units" as new Map H1, H2 and H3 entitled "Neighbourhood Planning Units" . 130. By renaming existing Map F entitled "Community Improvement Areas" as new Map I entitled "Community Improvement Areas". 131. By adding new Map D1 entitled "Oak Ridges Moraine Natural Heritage System -North Darlington" as indicated in Schedule "G" to this Amendment. 132. By adding new Map D2 entitled "Oak Ridges Moraine Natural Heritage System -North Clarke" as indicated in Schedule "H" to this Amendment. 133. By adding new Map E1 entitled "Oak Ridges Moraine Landforms and Aquifer Vulnerability - North Darlington" as indicated in Schedule "I" to this Amendment. 134. By adding new Map E2 entitled "Oak Ridges Moraine Landforms and Aquifer Vulnerability -North Clarke" as indicated in Schedule "J" to this Amendment. L 40 Proposed Amendment No. 33 August 20, 2003 135. On existing Map G entitled "Potential Aggregate Resource Areas" by deleting "South Limit of Oak Ridges Moraine" and replace with new "Oak Ridges Moraine Limit"; by deleting the "Plantations Greater than 30 ha"; by deleting the "Deferred Area"; by adding and deleting "Primary Resource Areas"; and by deleting "Secondary Resource Area" in Schedule "K" to this Amendment. t 41 - ,, ~~ - ~~"a~~ \\ a¢ Q Z W ~ n ,, ,`` _ v ~ ~ O ~ ~ Z z Qq F- Q c9 wa Z W - ~ ~- \ a~ao J ~ ~_ ~~ No ~ w aU ~w ~, V p Z Q `~ Q ~~ J o w zc7w a ~ ao x ~ - ` ~ _ - ~ ~ 0 1~ o ~ ~~ 1 r_1 ~~' a.a ~ 1 I , ~~ ~ ~ - ~ ~ ~ Z U g i l•; _i Z Z ~ c a --- ~~ c~z ~"] ~!~ ~ ~, w ~ O 1 ' z ° ! \` \ ~yx w z ~ M. ~ °~4~ ~ ~1 - QOM ... _ l C7 v) ~ m _ ~ `~ J ~ _ ~ ~ ayi aci o c v m m W ~ -o ~ co3 J ~~ =~J¢ ~`~ rnE ~ ~-~ o mr. c m m•~ d rn m~ a ~ I ~ I US~WZZd(7C9Q~ I ~ ~ m 1 ~~~^ ~ ~ ,~,,..,~_I - ~~ ~ ~ `Z t ry I ~ ~~~, . "i n ~ ' c Mme` r,~y ~ ~ ~ ~~ ! I r , VI _ _ ,- ,. i, i ~ .:l _.-~ , 1, ~ _. ~ l S 1 ~'~ .- 1 t~ ~ w - . 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((C jW o °~ W W C~ LL Q a W ~ W ~ a~ W ON C 0 ` ~ Z W V ~ W ~~ F O 1~ O D C O~ O W yW C WO ~N ww o~ m ~~ H ~~ ~W WC CO } M y OD W W OW ~V' C F- Z ~ m W ~~ H W J V D U ~ Q U Z fq zQ r Z K ~ j aZ w?Za faro ~ ~ zx v x ¢ ~ F ~ H op awx¢ x~~ C7 C7 Q a~ ~_ ¢ ^ o W ~ ^ ~v~ ~~ O W ~~ z z ~ ~ m a ~~ a~yw ^OLL~`-' ~' Q C) ~o Ww ~ rn w N W m I- ~2W~ ~~LL~ Q mm m °~° o z t~ ~ m~ °? m~~W ~ ooa~ ~ Q ~ ~~ o~ z w a c w z z~ ~zpm zF~ I- O o¢ m ~ Y g o ~ ~,~ p~ =pWZ ZZa Zfn ~ Q Q m ~ ~- F _O W JQ W W ~ x O ~ m Q E ~ U~V aHx~ p~F ~ ~ ~ I ( I w a ~ a`m Joo ~~~~ wLLw d ~ ~ ~ j ~ ^ i ® w Wwvoi yzHOLL a0a I i a ~ o o~-~ Ix-c°~$? ~ I a z ,- R 0 z W W ICJ ~ O F • ~ C W Z O ~ ~ P i ! ~ i a ' Y ~ ~ ~~ el ~? ~/ ~ 11 Z ~ m\ ( .~ O T _~ i ~ , a r`~// `e 7 ~ ~ Oa ~ ` O Y<C7 / ~.~i ~ ` ~fW.1 C/ • ~ ~~ ~ ~/ J ~ EI I ~ W GK ~ v w~ C ~. ~} S llJ ' K<C m ~ ~~ v Y iJ~~~• •• `+ • R `/ [~~ • • \ ~m ~' T • ~_ Z q~ J Municipality of Clarington Official Plan Amendment No. 34 Clarington Official Plan August 20, 2003 Planning Services Department Proposed Amendment No. 34 August 20, 2003 PROPOSED OFFICIAL PLAN AMENDMENT NO. 34 CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to update the Official Plan, in response to the changes that have resulted from integrating the Oak Ridges Moraine Conservation Plan into the Clarington Official Plan. BASIS: The boundary of the Oak Ridges Moraine has been established by the Province of Ontario in Regulation 01 /02, "Plan of the Boundary of the Oak Ridges Moraine Area" as being the 245 metre contour line. The Municipality of Clarington is required to undertake an Official Plan Amendment to integrate the policies of the Oak Ridges Moraine Conservation Plan into the Clarington Official Plan. The amendment process whereby the legislated Oak Ridges Moraine boundary has been added to Map A results in some lands that are currently designated Oak Ridges Moraine but lie beyond the limit of the Oak Ridges Moraine as legislated by the Province. These lands must be redesignated to Green Space, Prime Agriculture Area or General Agriculture Area. Some policies changed in Amendment No. 33 (Oak Ridges Moraine Conformity Amendment) are general policies applicable to the entire Municipality including redefining the significant components of the natural heritage system, consolidation of environmental study requirements, the addition of general stormwater management policies and the addition of new definitions. As Amendment No. 33 and Amendment No. 34 are inextricably linked, Amendment No. 34 contains duplicate policies that will be approved in Amendment No. 33 first. These duplicate policies are identified with an asterisk (*). This amendment will not come into affect until the Oak Ridges Moraine Conservation Plan Conformity Amendment is approved by the Minister of Municipal Affairs and is deemed to be in effect. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: L (*) Denotes a duplicate policies approved through Amendment #33 L Proposed Amendment No. 34 August 20, 2003 1. B deletin existin Sections 4.4.2 and 4.4.3. Y 9 9 2. *By renumbering existing Section 4.4.4 as new Section 4.4.9 and in new Section 4.4.9 by deleting the word "significant" after the word "regarding"; by adding the following words "and Hydrologically Sensitive Features" after the word "Features"; and by adding the following words "or Map D" after the words "Map C". 3. *By renumbering existing Section 4.4.5 as new Section 4.4.10 and in new Section 4.4.10 by deleting the word "significant" after the word "any"; and by adding the following words "and Map D" after the words "Map C". 4. *By renumbering existing Section 4.4.6 as new Section 4.4.11 and in new Section 4.4.11 by deleting the word "significant" before the word "natural" for each of the three occurrences of this word, and by adding the words "or Map D" after the words "May C" for each of the two occurrences of these words; by replacing the numbers "4.4.24" with the numbers "4.4..38," and by adding the words "or a Natural Heritage Evaluation or Hydrological Evaluation pursuant to Sections 4.4.43 and 4.4.44" before the words "shall be required". 5. *By renumbering existing Section 4.4.7 as new Section 4.4.12 and in new Section 4.4.12 by adding the following words "Natural Heritage Evaluation or a Hydrological Evaluation" after the words "Impact Study," and by adding an "s" to the word "Section" and by replacing the numbers "4.4.24" with the numbers "4.4.41 or 4.4.42 or 4.4.43". 6. *By renumbering existing Section 4.4.8 as new Section 4.4.9. 7. *By adding new Sections 4.4.2, and 4.4.4 as follows: *4.4.2 The following Natural Heritage Features and Hydrologically Sensitive Features form the significant components of the natural heritage system. These are: Natural Heritage Features a) all evaluated wetlands b) all Areas of Natural and Scientific Interest (ANSI), except for the Bowmanville Quarry c) all significant woodlands d) all significant valleylands e) fish habitat associated with wetlands and permanent streams f) significant portions of habitat of rare, threatened and endangered species (') Denotes a duplicate policies approved through Amendment #33 2 Proposed Amendment No. 34 August 20, 2003 g) rare vegetation communities, including sand barrens and tallgrass prairie on the Oak Ridges Moraine ~, h) significant wildlife habitat Hydrologically Sensitive Features i) all evaluated wetlands ' j) permanent streams k) seepage areas and springs *"4.4.4 Other Natural Herita a Features and H drolo icall Sensitive 9 Y 9 Y Features provide support to the significant components and are important to maintaining the health and diversity of the natural heritage system. These include: Natural Heritage Features a) all. unevaluated wetlands (south of the Oak Ridges Moraine) b) small woodlots and hedgerows c) transitional woodlands Hydrologically Sensitive Features d) all unevaluated wetlands (south of the Oak Ridges Moraine) e) intermittent streams (south of the Oak Ridges Moraine) f) groundwater recharge areas" 8. *By renumbering existing Section 4.4.9 as new Section 4.4.14 and in new Section 4.4.14 by adding the following words "landform character," after the words ""scenic qualities,". 9. *By renumbering existing Section 4.4.11 as new Section 4.4.17 and in new Section 4.4.17 by adding the following words "partially within" after the words "are located"; by deleting the word "on" before the words "the Oak Ridges Moraine,"; by adding the words "and Map D." after the words "Map C"; and by deleting the sentence "Council will investigate applying the Municipality's tree preservation by law to the two Forests." 10. *By renumbering existing Section 4.4.14 as new Section 19.4.6 and by deleting the words "Oak Ridges Moraine Natural Corridor and replacing them with the words "Natural Linkage Area". 11. *By renumbering existing Section 4.4.16 as new Section 4.4.19. (*) Denotes a duplicate policies approved through Amendment #33 3 Proposed Amendment No. 34 August 20, 2003 renumberin existin Section 4.4.15 as new Section 4.4.27 and b 12. By g g Y adding the following words at the end of the section "Wherever possible, the trail system should be accessible to all, including persons with disabilities." 13. *By renumbering the following existing Sections: a. Existing Section 4.4.17 as new Section 4.4.31 b. Existing Section 4.4.18 as mew Section 4.4.32 c. Existing Section 4.4.19 as mew Section 4.4.33 d. Existing Section 4.4.20 as mew Section 4.4.34 e. Existing Section 4.4.21 as mew Section 4.4.35 f. Existing Section 4.4.22 as mew Section 4.4.36 g. Existing Section 4.4.23 as mew Section 4.4.37 14. *By adding new Section 4.4.26 as follows: "4.4.26 An application for an Aggregate Extraction Area, shall identify means in the extraction and rehabilitation plans to create compatible landforms and provide continuous forest cover where reasonably practical." 15. *By adding a new title "Studies" before new Section 4.4.37. 16. *By renumbering existing Section 4.4.24 as new Section 4.4.37 and by replacing the numbers "4.4.6" with "4.4.11, and by deleting the word "significant". 17. *In new Section 4.4.37 a) by deleting the words "their sensitivity and their significance". 18. *In new Section 4.4.37 b) by deleting the words "sensitive or significant". 19. *In new Section 4.4.37 e) by deleting the words "negative effects" and replace with the words "adversely affects". 20. *By renumbering existing Section 4.4.25 as new Section 4.4.38 and by adding the words "South of the Oak Ridges Moraine," after the word "proposals", and by deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.37. 21. *By renumbering existing Section 4.4.26 as new Section 4.4.39 and by adding the words "and Map D" after the words "Map C", by deleting the word "significance" before the word "woodland", and by deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.37 or Section 4.4.42" and by adding the words "Conservation Authorities," after the word "Municipality". (') Denotes a duplicate policies approved through Amendment #33 4 Proposed Amendment No. 34 August 20, 2003 22. *B renumberin existing Section 4.4.27 as new Section 4.4.40 and by Y 9 deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.37". 23. *By renumbering existing Section 4.4.28 as new Section 4.4.41 and by adding the following words at the beginning of the section "Within the Oak Ridges Moraine," and by deleting the words "Official Plan Amendment or rezoning application located on the Oak Ridges Moraine as identified on Map C. The Municipality shall select and retain qualified professional expertise to prepare the study, with the expense of the study being borne by the proponent." and by replacing them with the following words "development or site alteration proposed within any Natural Heritage Feature or Hydrological Sensitive Feature as identified in Sections 4.4.2, 4.4.3 or 4.4.4 of this Plan, and/or within the minimum area of influence of any Natural /Heritage Feature or Hydrological Sensitive Feature in accordance with Table 4-1 of this Plan". By deleting the word "significant" before the words "natural heritage". And by deleting the word "shall" and replacing it with "may" after the word "Municipality" and adding the words "or peer review a study, "after the words "prepare the study" and by deleting the words "of the study" after the word "expense" all in the last sentence of the section. 24. *By deleting existing Section 4.4.29. 25. By renumbering the following Sections: a) Existing Section 4.5.7 as new Section 4.5.11 b) Existing Section 4.5.8 as new Section 4.5.12 26. *By renumbering existing Section 4.5.9 as new Section 4.5.14 and in new Section 4.5.14 by deleting the words "Section 4.5.10" and "Section 4.5.11" and replacing them with the words "Section 4.5.15" and "Section 4.5.16" respectively. 27. *By renumbering existing Section 4.5.10 as new Section 4.5.15 and in new Section 4.5.15 by deleting the words "provincially significant" before the word "wetlands"; by deleting the words "provincially significant" before the word "ANSIs", by deleting the word "transitional" and replacing it with the words "early successional" before the word "woodlands", by adding the words "intermittent streams, fish habitat and seepage areas and springs" after the words "permanent streams,", by adding the word "rare" before the word "threatened", by adding the word "rare", before the word "threatened" and by adding the following phrases as new bullets "significant wildlife habitat", "sandbarrens and tallgrass prairies", "Natural Core Areas as identified on Map A". (*) Denotes a duplicate policies approved through Amendment #33 5 Proposed Amendment No. 34 August 20, 2003 28. *By renumbering existing Section 4.5.11 as new Section 4.5.16. 29. By renumbering existing Section 4.5.12 as new Section 4.5.17 and in new Section 4.5.17 by deleting the words "Section 4.5.10" and "Section 4.5.11" replacing these words with the words "Section 4.5.15" and "Section 4.5.16" respectively. 30. *By renumbering existing Section 4.5.13 as new Section 4.5.18 and in new Section 4.5.8 by deleting the first sentence of the section and by deleting the words "greater than 30 ha in size located on the Oak Ridges Moraine, or a plantation greater than 4 ha in size in the rest of the Municipality", replacing them with the words "or early successional habitat within the Oak Ridges Moraine", and by adding the words "or early successional habitat" after each use of the word "plantation(s)" by deleting the words "Section 4.5.10" and replacing them with the words "Section 4.5.15", by adding the words "or early successional habitat" after the words "If the plantation", and by deleting the words "other applicable policies of this Plan" replacing them with the word "following:" and the following new policies: "a) the applicant demonstrates in accordance with Section 4.4.39 that; (i) the long-term ecological integrity of the Oak Ridges Moraine will be maintained, or where possible improved or restored, (ii) the extraction of mineral aggregates from the area within the Natural Heritage Feature will be completed, and the area will be rehabilitated, as early as possible in the life of the operation, and (iii) the area from which mineral aggregates are extracted will be rehabilitated by establishing or restoring natural self-sustaining vegetation of equal or greater ecological value. b) all other requirements and policies of this Official Plan are complied with." 31. By renumbering the following existing Sections a. Existing Section 4.5.14 as new Section 4.5.19 b. Existing Section 4.5.15 as new Section 4.5.20 32. By renumbering existing Section 4.5.16 as new Section 4.5.21 and in new Section 4.5.21 by deleting the words "as identified on Map A" before the words "Such plans". (') Denotes a duplicate policies approved through Amendment #33 6 Proposed Amendment No. 34 August 20, 2003 ~, 33. By renumbering the following existing sections: a. Existing Section 4.5.17 as new Section 4.5.22; b. Existing Section 4.5.18 as new Section 4.5.23; c. Existing Section 4.5.19 as new Section 4.5.24; d. Existing Section 4.5.20 as new Section 4.5.25; e. Existing Section 4.5.21 as new Section 4.5.26; 34. *By renumbering existing Section 4.5.22 as new Section 4.5.27 and in new Section 4.5.27 by adding the words "Natural Core Area" after the words "Rural Settlement Area" and by deleting the words "Section 4.5.10" and replacing them with the following words "Section 4.5.15, except in .accordance with Section 4.5.18". 35. *By renumbering existing Section 4.5.23 as new Section 4.5.28 and in new Section 4.5.28 by adding the words "Natural Core Area or Natural Linkage Area" after the words "Environmental Protection Area" and by deleting the words "Section 4.5.10" and replacing them with the words "Section 4.5.15 36. *By renumbering existing Section 4.5.24 as new Section 4.5.29 and in new Section 4.5.29 by deleting the words "Section 4.5.22 and 4.5.23" replacing them with the words "Section 4.5.27 and 4.5.28". 37. *In existing Section 4.6.1, by deleting the words "Map D" for each occurrence of these words and replacing them with the words "Map F:. 38. *In existing Section 4.6.1., by deleting the words "Map D" and replacing them with the words "Map F". 39. *In existing Section 4.7.2, by deleting "4.4.24" and replacing with "4.4.37". 40. *In existing Section 9.3.1 by deleting the words "Map E" and replacing them with the words "Map H". 41. *In existing Section 9.4.3 by deleting the words "Map E" and replacing them with the words "Map H". 42. *In existing Section 9.4.5 by deleting the words "Map E" and replacing them with the words "Map H". 43. *In existing Section 10.3.1 by deleting the words "Map E" and replacing them with the words "Map H". 44. In existing Section 12.4.1 by adding the words "in accordance with Section 9.3.6 of this Plan" after the words "home-based occupations. (*) Denotes a duplicate policies approved through Amendment #33 7 n Proposed Amendment No. 34 August 20, 2003 45. In existing Section 13.3.2 by adding the words "in accordance with Section 9.3.6 of this Plan" after the words "Home-based occupations. 46. In existing Section 13.3.3 by adding the words "in accordance with Section 9.3.6 of this Plan" after the words "home-based occupations. 47. *In existing Section 14.3.1, by deleting the words "the Oak Ridges Moraine Greenway" and replacing them with the words "Natural Core Areas, Natural Linkage Areas,". 48. *In existing Section 14.4.2, by replacing the word "in" with the words "on lands designated", and by replacing the word "passive" with the words "low-intensity" before the word "recreation", and by adding the words "forest, fish and wildlife management or" after the words "uses related to". 49. '`In existing Section 14.5.1, by deleting the words "Oak Ridges Moraine Greenway" and replacing them with the words "Natural Core Area, Natural Linkage Area". 50. In existing Section 14.5.2, by adding the words "in accordance with Section 9.3.6 of this Plan" after the words "home-based occupations". 51. *By deleting existing Section title "14.6 Oak Ridges Moraine" and by adding new Section title "14.6 Natural Core Area". 52. *By renumbering existing Section 14.6.3 as new Section 14.6.5 and by deleting the words "Oak Ridges Moraine Greenway" and replacing them with the words "Natural Core Area" and by deleting the words "Section 4.4.9 through to 4.4.16, and Section 4.4.28" and replacing them with the words "Chatpers 4, 12, 13 and 23". 53. *By renumbering existing section title "14.7 WATERFRONT GREENWAY" as new section "14.8 WATERFRONT GREENWAY". 54. *By renumbering the following existing sections" a. Existing Section 14.7.1 as new Section 14.8.1; b. Existing Section 14.7.2 as new Section 14.8.2. 55. *By renumbering existing Section 14.7.3 as new Section 14.8.3 and by deleting the words "Map D" and replacing them with the words "Map F". 56. *In existing Section 15.3.5, by deleting the words "Section 4.5.23" and replacing them with the words "Section 4.4.28". ('') Denotes a duplicate policies approved through Amendment #33 8 n Proposed Amendment No. 34 August 20, 2003 57. *In existing Section 15.3.7, by deleting the words "Section 4.4.24, 4.4.25, 4.4.26, 4.4.28" and replacing them with the words "Section 4.4.37, 4.4.38 and 4.4.41" and by deleting the numbers "4.429" and replacing them with the numbers "4.4.42". 58. *In existing Section 15.3.9(h), by adding the words "15.3.11, to 15.3.15 inclusive" at the end of the sentence. 59. In existing Section 15.3.10 by adding the words "located on lands outside the limits of the Oak Ridges Moraine", after the words "Extraction Area". 60. *By renumbering existing Section 15.3.11 as new Section 15.3.16. 61. *In new Section 15.3.16(d), by deleting the words "Section 15.3.12" and replacing them with the words "Section 15.3.17". 62. *In new Section 15.3.16(e), by deleting the words "Section 15.3.13" and replacing them with words "Section 15.3.18". 63. *By renumbering the following existing Section: a. Existing section 15.3.12 as new Section 15.3.17; b. Existing section 15.3.13 as new Section 15.3.18. 64. By adding new Section 15.3.14 as follows: *"15.3.14 Despite Section 4.4.5 of this Plan, an application for amendment to this Plan for a proposed Aggregate Extraction Area with respect to land in a Natural Heritage Feature shall not be approved unless the applicant demonstrates that: a) the Natural Heritage Feature is occupied by young plantations or early successional habitat; b) in accordance with Section 4.4.39 of this Plan, the long-term ecological integrity of the Oak Ridges Moraine will be maintained, or where possible improved or restored, c) the extraction of mineral aggregates from the area within the Natural Heritage Feature will be completed, and the area will be rehabilitated, as early as possible in the life of the operation, and d) the area from which mineral aggregates are extracted will be rehabilitated by establishing or restoring natural self-sustaining vegetation of equal or greater ecological value." ('`) Denotes a duplicate policies approved through Amendment #33 9 Proposed Amendment No. 34 August 20, 2003 65. *By adding new Sections 19.3.12, 19.3.13, 19.3.14 and 19.3.15 as follows: "19.3.12 An application for a transportation use with respect to lands designated Environmental Protection Area or ~' Natural Core Area shall not be approved unless the applicant demonstrates that, a) the requirements of Section 19.3.11 have been met; b) the project does not include and will not in the future require a freeway interchange or a transit or railway station in a Natural Core Area; and c) the project is located as close to the edge of the Natural Core Area as possible. 19.3.13 Except as permitted in Section 19.3.14, with respect to land in a Natural Heritage feature or a Hydrologically Sensitive feature, all new transportation uses and upgrading or extension of existing transportation uses, including the opening of a road within an unopened road allowance, are prohibited. 19.3.14 Transportation uses may be permitted to cross a Natural Heritage Feature or a Hydrologically Sensitive Feature if the applicant demonstrates that, a) the need for the project has been demonstrated and there is no reasonable alternative; b) the planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine to a minimum; c) the design practices adopted will maintain, and where possible improve or restore, ecological and recreational linkages, including the trail system referred to Section 4.4.26; d) the landscape design will be adapted to the circumstances of the site and use native plant species as much as possible, especially along rights of way; and e) the long-term landscape management approaches adopted will maintain, and where possible improve or restore, the health, diversity, size and connectivity of the Natural Heritage Feature or Hydrologically Sensitive Feature. (") Denotes a duplicate policies approved through Amendment #33 10 Proposed Amendment No. 34 August 20, 2003 19.3.15 Service and utilit trenches for trans ortation uses Y p shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minlmum." 66. *By renumbering existing Section 19.4.4 as new Section 19.4.5 and by deleting the sentence "The corridor for the future Highway 407 is designated on Map A as Green Space.", and by deleting the word "Highway" before the words "shall serve" and replace with the words "future Highway 407". 67. *By adding New Section 19.4.4 as follows: 19.4.4 The alignment of future Highway 407 as shown on the maps to this Official Plan relect the technically preferred route as determined in accordance with the technical studies prepared by the Province during the early 1990s. The need for future Highway 407 and the alignment through the Municipality of Clarington is currenly under investigation. The fact that an alignment is shown on the maps to this Official Plan does not reflect Municipal policy or Municipal support for the establishment of future Highway 407. 68. *By adding new Section 20.2.7 as follows: "20.2.7 The objectives of a stormwater management plan are to, a) maintain groundwater quantity and flow and stream baseflow; b) protect water quality; c) protect aquatic species and their habitat; d) prevent increases in stream channel erosion; and e) prevent any increase in flood risk." 69. *In existing Section 21.2.2 by deleting the words "and" after words "Central Area"; by adding the word "and" after the words "provincial approval" and by adding the following" "e) it complies with the policies of section 19.3.4 to 19.3.15 inclusive as appropriate and relevant for the proposed utility, facility or corridor." 70. *In existing Section 22.3.1 by replacing the words "Map F" with the words "Map I". 71. *In existing Section 23.1.4 by adding the words "provincial policy and" after the words "continues to embody". (*) Denotes a duplicate policies approved through Amendment #33 11 Proposed Amendment No. 34 August 20, 2003 ~; 72. *In existing Section 23.2.5(d), by deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.37". 73. *By deleting existing Section 23.5.4 and by amalgamating Section 23.5.4 into the end of existing Section 23.5.3 as follows: "23.5.3 This Official Plan shall not limit the authority of .Council to pass a by-law permitting the extension or enlargement of legal non-conforming uses, buildings or structures. Prior to passing a by-law to recognize the continuation, expansion or enlargement of non-conforming use, or the variations to similar uses, Council shall be satisfied that a) it is not feasible to relocate the existing use; b) it does not aggravate the situation created by the existence of the use, especially in regard to the policies of this Plan and the requirements of the implementing Zoning By-law; c) the size is appropriate in relation to the existing legal non-conforming use; d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or lighting so as to create a public nuisance or health hazard; e) the neighbouring conforming uses are protected, where necessary, by the provision of landscaping, buffering, screening and other measures; and f) it shall not adversely affect traffic, access or parking conditions in the vicinity." 74. *By adding new Section 23.5.5 as follows" "23.5.5 Nothing in this Plan shall prevent the reconstruction within a reasonable time frame, within the same location and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner's control, and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use." 75. In existing Section 23.7.1 j) by deleting the word "and" after "13.3.9" and by adding the words "and 13.3.13 after 13.3.11 ". 76. *In existing Section 23.7.1 k) by deleting the words "Section 4.5.15" and replacing them with the words "Section 4.5.21 ". 77. *By adding new Sections 23.7.2 as follows: "23.7.2 Severances to facilitate conveyances to public bodies or non-profit entities for natural heritage conservation are permitted." (*) Denotes a duplicate policies approved through Amendment #33 12 Proposed Amendment No. 34 August 20, 2003 f 78. By adding new Sec lon 23.7.5 as follows. "23.7.5 When a lot is created in accordance with Sections 23.7.2 and 23.7.3 the Municipality shall enter into a site plan agreement or other agreement with the applicant to establish conditions requiring that natural self-sustaining vegetation be maintained or restored in order to ensure the long-term protection of any Natural Heritage Features and ~ Hydrologically Sensitive Features on the lot." 79. *In existing Section 24.13 by adding the following new definition: "Accessory Use The use of any land, building or structure which is subordinate or incidental to the principal use located on the same lot." 80. *In existing Section 24.13 in the definition of "Adjacent", by adding the words "and Map D" after the words "Map C", and bjr adding the words "or adverse effect" after the words "negative impact". 81. *In existing Section 24.13 by adding the following new definitions: "Adverse Effect Means any impairment, disruption, destruction or harmful alteration. Adversely Affect Means to have an adverse effect on. Aquifer Vulnerability Means an aquifer's intrinsic susceptibility, as a function of the thickness and permeability of overlying layers, to contamination from both human and natural impact on water quality." 82. *In existing Section 24.13 be deleting the definition of "Bed and Breakfast" and by replacing it with the following new definition: "Bed and Breakfast Means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling 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." (") Denotes a duplicate policies approved through Amendment #33 13 Proposed Amendment No. 34 August 20, 2003 ection 24.13 b addin the followin new definitions: 83. In existing S y g g "Connectivity Means the degree to which Natural Heritage Features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs. Development - (south of the Oak Ridges Moraine) Means any of the following events: a. The construction, erection, or placing of a building or structure; b. The addition to or alteration of a building or structure; c. The creation of a new lot and/or increase in the number of permitted units on a lot; d. The change in use or the increase in intensity of use of any building, structure, or premises; and e. Activities such as site-grading, excavation, removal of topsoil or peat, the placing or dumping of fill, or the extraction of mineral aggregate; or drainage works, except for the maintenance of existing municipal and agricultural drains. Dwelling Unit Means one or more habitable rooms, occupied or capable of being occupied as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants. Earth Science Values Means values that relate to the geological, soil and landform features of the environment. Ecological Features Means naturally occurring land, contribute to ecological integrity. t t water and biotic features that Ecological Integrity Which includes hydrological integrity, means the condition of ecosystems in which, a) the structure, composition 'and function of the ecosystems are unimpaired by stresses from human activity, b) natural ecological processes are intact and self- sustaining, and c) the ecosystems evolve naturally. (*) Denotes a duplicate policies approved through Amendment #33 14 Proposed Amendment No. 34 August 20, 2003 Endangered Species Means any native species, as listed in the regulations under the Endangered Species Act, that is at risk of extinction throughout all or part of its Ontario range if the limiting factors are not reversed." 84. *In existing Section 24.13 in the definition of "Fish Habitat", by adding the words "as further identified by the Department of Fisheries and Oceans (Canada)", after the words "life processes" . 85. *In existing Section 24.13 by adding the following new definitions: "Forest Access Road Means a one or two -lane unpaved road that is designed to provide access to and within a woodland for wildlife, fish and forest management purposes. Forest Management Means the management of woodlands in a sustainable manner which may include accessory maintenance of forest access facilities, a) b) c) d) uses such as the construction and roads and maple syrup production for the production of wood and wood including maple syrup, to provide outdoor recreation opportunities, to maintain, and where possible improve conditions for wildlife, and to protect water supplies. products, or restore, Habitat of Endangered, Rare and Threatened Species Means land that, a) is an area where individuals of an endangered species, a rare species or a threatened species live or have the potential to live and find adequate amounts of food, water, shelter, and space needed to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non-migratory species; and b) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time. Hazardous Waste Has the same meaning as in Regulation 347 of the. Revised Regulations of Ontario, 1990." (*) Denotes a duplicate policies approved through Amendment #33 15 Proposed Amendment No. 34 August 20, 2003 * i n 24.13 in the definition of "Home Indust ", b addin 86. In existing Sect o rY Y 9 ,, the words "auto repair, furniture stripping or" after the words "not include" 87. *In existing Section 24.13 in the definition of "Home-based Occupation", by deleting the words "property or farm" and replacing them with the word "dwelling", and by deleting the words "bed and breakfast, trades business ' excluding manufacturing and retail". 88. *In existing Section 24.13, by adding the following new definitions: Hydrological Cycle Means the circulation of water from the atmosphere to the earth and back through precipitation, runoff, infiltration, groundwater flow and evapotranspiration, including the occurrence, .circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water's interaction with the environment including its relation to living things. Hydrological Functions Means the functions of the hydrological cycle that include the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water's interaction with the environment including its relation to living things: Hydrological Integrity Means the condition of ecosystems in which hydrological features and hydrological functions are unimpaired by stresses from human activity. Impervious Surface Means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot. Kame Means a mound, hummock or conical hill of glacial origin. Kettle Lake Means a depression formed by glacial action and permanently filled with water. ` Landform Feature Means distinctive physical elevation and relief. attributes of land such as slope, shape, (`) Denotes a duplicate policies approved through Amendment #33 16 Proposed Amendment No. 34 August 20, 2003 Life Science Values Means values that relate to the living component of the environment. Liquid Industrial Waste Has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990. Lot Means a parcel of land that is, a) described in a deed or other document legally capable of conveying an interest in the land, or b) shown as a lot or block on a registered plan of subdivision Meander Belt Means the area within which a stable river channel can be expected to move laterally back and forth over a given stream reach during the next 100 years. 89. *In the existing 24.13 in the definition of "Natural Heritage System", by deleting the words "that connect natural core and corridor areas". 90. *In existing Section 24.13 by adding the following new definitions: "Natural Self-Sustaining Vegetation Means self-sustaining vegetation dominated by native plant species. Rare Species Means a native species that is not currently at risk of becoming threatened but, because of its limited distribution, small population or specialized habitat needs, could be put at risk of becoming threatened through all or part of its Ontario range by changes in land use or increases in certain types of human activity. Recreation -Low-Intensity Uses that have minimal impact on the natural environment, and require very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to the following uses: non-motorized trail uses; natural heritage appreciation, unserviced camping on public and institutional land. (*) Denotes a duplicate policies approved through Amendment #33 17 Proposed Amendment No. 34 August 20, 2003 Sand Barrens Means land (not including land that is being used for agricultural purposes an d no longer exhibits sand barrens characteristics) that, a) has sparse or patchy vegetation that is dominated by plants that are, (i) adapted to severe drought and low nutrient levels, and (ii) maintained by severe environmental limitations such as drought, low nutrient levels and periodic disturbances such as fire, b) has less than 25 per cent tree cover, c) has sandy soils (other than shorelines) exposed by natural erosion, depositional process or both, and d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; Saturated Zone Means the zone below the water table where the spaces between soil grains are filled with water. Savannah Means land (not including land that is being used for agricultural purposes and no longer exhibits savannah characteristics) that, a) has vegetation with a significant component of non- woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, b) has from 25 per cent to 60 per cent tree cover, c) has mineral soils, and d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; Self-Sustaining Vegetation Means vegetation dominated by plants that can grow and persist without direct human management, protection, or tending." 91. *In existing Section 24.13 in the definition of "Significant Plantation", by deleting the words "greater than 30 ha located on the Oak Ridges Moraine or", and by deleting the words "located in the rest of the Municipality", and by adding the words "Significance of a plantation within the Oak Ridges Moraine is determined by the Ministry of Natural Resources using evaluation procedures established by that Ministry, or by a study ('') Denotes a duplicate policies approved through Amendment #33 18 Proposed Amendment No. 34 August 20, 2003 conducted in accordance with this Plan" after the sentence ending in the words "important ecological functions" 92. '`In existing Section 24.13 in the definition of "Significant Woodland", by deleting the words "greater than 30 ha located on the Oak Ridges Moraine", and by deleting the words "rest of the", and by adding the words "Significance of woodlands within the Oak Ridges Moraine is determined by the Ministry of Natural Resources using evaluation procedures established by that Ministry, or by a study conducted in accordance with this Plan" after the sentence ending in the words "in urban areas and Hamlets" 93. In existing Section 24.13, by adding the following new definitions: "Site Means the land subject to an application. Stormwater Management Pond Means a detention basin that temporarily stores or treats collected stormwater runoff and releases it at a controlled rate. Subwatershed Means an area that is drained by a tributary or some defined portion of a stream. Surface Catchment Area Means the area including and surrounding a kettle lake or wetland, from which surface runoff drains directly into the kettle lake or wetland. Sustainable When used with respect to a natural resource, means that the natural resource is able to support a particular use or activity without being adversely affected. Tallgrass Prairie Means land (not including land that is being used for agricultural purposes and no longer exhibits tallgrass prairie characteristics) that, a) has vegetation dominated by non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, b) has less than 25 per cent tree cover, c) has mineral soils, and d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures. established by the Ministry of Natural Resources, as amended from time to time; (') Denotes a duplicate policies approved through Amendment #33 19 Proposed Amendment No. 34 August 20, 2003 Threatened Species Means any native species that is at risk of becoming endangered throughout all or part of its Ontario range if the limiting factors are not reversed. Time of Travel Means the time that is needed for groundwater to travel a specified horizontal distance in the saturated zone. Unserviced Park Means a park that provides recreational opportunities and facilities, including playing fields, but without outdoor lighting, accessory commercial facilities, paved parking lots or permanent water or sewer facilities. Watershed Means an area that is drained by a river and its tributaries. Wellhead Protection Area Means the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move so as eventually to reach the water well or well field." 94. *In existing Section 24.13 in the definition of "Woodland", by deleting the words "but shall not include a cultivated fruit or nut orchard" after the words "provision of habitat" 95. *In existing Section 24.13, by adding the following new definition: "Zone of Contribution When used in reference to a period of time, means the area within which the water pumped from a well originates during that time." 96. By amending Map Al (Darlington and Clarke) as indicated in Schedule "A1"and "A2" to this Amendment, adding the "Oak Ridges Moraine Limit", deleting all existing land use designations referred to as "Prime Agricultural Area Subject to Section 14.6" and "Oak Ridges Moraine" south of the new "Oak Ridges Moraine Limit", and replacing them with either "Prime Agricultural Area" or "General Agricultural Area". 97. By amending Map C2 as indicated in Schedule "B" to this Amendment by deleting the "south limit of Oak Ridges Moraine" by adding new "Oak Ridges Moraine Limit", by deleting the "Natural Heritage System" north of the "Oak Ridges Moraine Limit", by deleting the limits of the "Oak Ridges (") Denotes a duplicate policies approved through Amendment #33 20 Proposed Amendment No. 34 August 20, 2003 Moraine Natural Limit", and by deleting the limits of the "Long Sault Forest" and replace them with the new limits of the Natural Core north of ~ the "Oak Ridges Moraine Limit". 98. By amending Map C4 as indicated in Schedule "C" to this Amendment by deleting the "south limit of the Oak Ridges Moraine" by adding new "Oak Ridges Moraine Limit", by deleting the "Natural Heritage System" north of the "Oak Ridges Moraine Limit", and by deleting the limits of the "Ganaraska Forest" north of the "Oak Ridges Moraine Limit" and replace with new limits of the "Ganaraska Forest" reflecting the limits of the Natural Core Area of the "Oak Ridges Moraine Limit" 99. By renaming existing Maps E1, E2 and E3 entitled "Neighbourhood Planning Units" as new Map H1, H2 and H3 entitled "Neighbourhood Planning Units". 100. By renaming existing Map F entitled "Community Improvement Areas" as new Map I entitled "Community Improvement Areas" . 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I 9 ~ ~~~ ~, O ~ J' ICJ I ~~ ~ ~ woo W C7 \ ^~ .J • ~ INSNOH00 ~ \ Y laodsow ~ • • • • O ~ ~ o ~ ( o ~ • •• ° O ~ o `.. a ~ ~. N ~• • wOa NMOaB O10a NO%IN ~ '~ ~~~ ° ~• / O~!Q~` ~ NIlNM01 3 NO1'ONIlaVO ~ ` ~ ~ . ~ w~~ ~~ ~~ ~ o s • ~ ~ ~ ,, . ., _ lei,.. .,,.. wOa 3100 ~ ~ S ? / 1 Zoning By-law Municipality of Clarington Draft For The Oak Ridges Moraine September 22, 2003 Planning Services Department t PART I SCOPE AND INTERPRETATION t Clarington Zoning By-law (Draft) L Table Of Contents FORWARD PART I SCOPE AND INTERPRETATION 1. SCOPE OF BY-LAW 1.1 Title 1.2 Purpose 1.3 Legislative Authority 1.4 Area of Applicability 1.5 Contents of By-law 1.6 Effective Date 1.7 Repeal Of Previous By-laws 1.8 Use of Land, Buildings or Structures to Conform 1.9 Validity of By-law 1.10 Relation to Other Government Requirements 1.11 Conflict with Other Government Regulations 2. INTERPRETATION OF BY-LAW 2.1 Zone Boundaries 2.2 Split Zoning 2.3 Permitted Uses 2.4 Use of Singular and Plural 2.5 Measurements and Dimensions 2.6 Meaning of Terms 2.7 Floor Space Index 2.8 Notations in Tables 2.9 Meaning of Terms 2.10 Provincial Legislation 3. DEFINITIONS PART II GENERAL DEVELOPMENT PROVISIONS 4. GENERAL DEVELOPMENT REGULATIONS 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 Accessory Buildings, Structures and Uses Attached Garages and Carports Yards and Yard Setbacks Visibility Triangles Landscaped Areas Height of a Building or Structure Servicing Requirements Frontage on a Street l Table Of Contents 4.9 Non-Conforming Buildings, Structures and Uses 4.10 Lots Deficient in Area and/or Frontage 4.11 Holding (H) Symbols 4.12 Dwellings Below Grade 5. 6. SPECIAL LAND USE PROVISIONS 5.1 In-House Apartment Dwellings 5.2 Crisis Care Facilities and Residential Care Facilities 5.3 Temporary Living Quarters 5.4 Use of Mobile Homes, Recreational Motor Vehicles and Recreational Trailers as Dwellings 5.5 Home Occupations 5.6 Home Industries 5.7 Garage Sales 5.8 Bed and Breakfast 5.9 Public Use Exemptions 5.10 Special Events 5.11 Model Homes, Temporary Sales Offices and Construction Uses 5.12 Banking Machines 5.13 Wayside Pits and Quarries 5.14 Portable Asphalt Plants 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-Thru Queue Aisles 6.5 Loading Spaces 6.6 Additions to or Changes in Use of Buildings PART III ZONE CATEGORIES 7. 8. URBAN RESIDENTIAL ZONE CATEGORY 7.1 7,2 RESERVED 7.3 7.4 RURAL RESIDENTIAL ZONE CATEGORY 8.1 Zones 8.2 Permitted Uses 8.3 Regulations 8.4 Exception Zones Table Of Contents 9. COMMERCIAL ZONE CATEGORY 9.1 Zones 9.2 Permitted Uses 9.3 Regulations 9.4 Exception Zones 10. INDUSTRIAL ZONE CATEGORY 10.1 Zones 10.2 Permitted Uses 10.3 Regulations 10.4 Exception Zones 11. INSTI TUTIONAL, PARK AND UTILITY ZONE CATEGORY 11.1 Zones 11.2 Permitted Uses 11.3 Regulations 11.4 Exception Zones 12. OPEN SPACE ZONE CATEGORY 12.1 Zones 12.2 ~ Permitted Uses 12.3 Regulations 12.4 Exception Zones 13. AGRI CULTURAL ZONE CATEGORY 13.1 Zones 13.2 Permitted Uses 13.3 Regulations 13.4 Exception Zones 14. AGGREGATE EXTRACTION ZONE CATEGORY 14.1 Zones 14.2 Permitted Uses 14.3 Regulations 14.4 Exception Zones 15. TEMPORARY ZONES 15.1 15.2 RESERVED NEWINDX3 Last saved by sn01 Last printed 1 7/09/2003 1 1:00 AM L Table Of Contents 16. FUTURE DEVELOPMENT 16.1 16.2 RESERVED 16.3 16.4 17. MAJOR RECREATIONAL ZONES 17.1 Permitted Uses and Regulations TABLES Number Title Section of By-law 4 -1 Regulations -Accessory Buildings, Structures and Uses 4.1.3 4 - 2 Regulations -Attached Garages and Carports 4.2.3 4 - 3 Regulations -Projections into Required Yard Setbacks 4.3.5 4 - 4 Regulations -Landscaped Areas in Commercial and Industrial Zones 4.5.2 5 -1 Regulations -Crisis Care Facilities and Residential Care Facilities 5.2.2 5 - 2 Regulations -Home Occupations 5.5.7 5 - 3 Regulations -Home Industries 5.6.4 5 - 4 Regulations -Garage Sales 5.7.2 5 - 5 Regulations -Bed and Breakfast 5.8.3 6 -1 Regulations -Parking Space Dimensions 6.1.2 6 - 2 Regulations - Number of Parking Space 6.2.2 6 - 3 Regulations - Number of Parking Spaces for the Physically Disabled 6.2.6 6 - 4 Regulations -Drive-Thru Queue Aisles 6.4.3 6 - 5 Regulations - Number of Loading Spaces 6.5.4 8 -1 Permitted Uses - .Rural Residential Zones 8.2.1 8 - 2 Regulations -Rural Residential Zones 8.3.1 8 - 3 Permitted Uses and Regulations - RS1 Exceptions 8.4.1 9 -1 Permitted Uses -Commercial Zones 9.2.1 9 - 2 Regulations -Commercial Zones 9.3.1 11 -1 Permitted Uses -Institutional, Park and Utility Zones 11.2.1 11 - 2 Regulations -Institutional, Park and Utility Zones 11.3.1 t Table Of Contents 12 -1 Permitted Uses -Open Space Zones 12.2.1 12 - 2 Regulations -Open Space Zones 12.3.1 13 -1 Permitted Uses -Agricultural Zone 13.2.1 13 - 2 Regulations -Agricultural Zone 13.3.1 14 -1 Permitted Uses -Aggregate Extraction Zones 142.1 14 - 2 Regulations -Aggregate Extraction Zones 14.3.1 17 -1 Permitted Uses and Regulations -Major Recreational Zones 17.1 FIGURES Number Title Section of By-law 3 -1 Determining an Exterior Lot 3.1 3 - 2 Determining Lot Frontages 3.1 4 -1 Determining Established Building Line 4.3 4 - 2 Types of Yards 4.3 4 - 3 Determining Yard Setbacks 4.3 4 - 4 Determining Visibility Triangles 4.4 4 - 5 Determining Height of a Building or Structure 4.6 6 -1 Types of Parking Spaces 6.1 L Table Of Contents APPENDIX 1 a) (MDSI) APPENDIX II Minimum Distance Separation Calculation Sheet for Non-Agricultural Uses a) (MDSII) Minimum Distance Separation Calculation Form Section 1 Scope of By-law 1. SCOPE OF BY-LAW 1.1 Title 1.2 Purpose 1.3 Legislative Authority 1.4 Area of Applicability 1.5 Contents of By-law 1.6 Effective Date 1.7 Repeal of Previous By-laws 1.8 Use of Land, Buildings or Structures to Conform 1.9 Validity of By-law 1.10 Relation to Other Government Requirements 1.11 Conflict with Other Government Regulations 1.1 Title 1.1.1 This By-law shall be cited as the "Municipality of Clarington Zoning By-law -Oak Ridges Moraine". 1.2 Purpose 1.1.2 The purpose of this Zoning By-law is to: a) implement the policies of the Clarington Official Plan; b) detail the use of land, buildings or structures for, or except for, such purposes as set out in this By-law; and c) provide detailed regulations respecting the use of land and the location of buildings and structures. L 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 north of the 245 metre contour as established by the Province of Ontario in Regulation 01/02 within the Municipality of Clarington. Page 1-1 Section 1 Scope of By-law 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 Schedules A through E attached hereto, with the notations, zone boundaries, symbols and references shown thereon, shall form part of this By-law. 1.6 Effective Date 1.6.1 Subject to the provisions of the Oak Ridges Moraine Act, this By-law shall come into force on the day that it is passed. 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 repealed in part as it relates to those lands located within the Oak Ridges Moraine, being those lands north of 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 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. Page 1-2 Section 1 Scope of By-law 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. 1.10 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. t Page 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 Use of Singular and Plural 2.5 Measurements and Dimensions 2.6 Definitions 2.7 Floor Space Index 2.8 Notations in Tables 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 lof 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, 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 with the applicable zone regulations for that zone as if each separately-zoned portion was a lot. However, no lot shall have more than one dwelling on the whole of the lot except as specifically permitted by this By-law. 2.2.2 Where a portion of a lot is zoned Environmental Protection (EP) or Environmental Feature (EP1), that portion of the lot zoned "EP' or "EP1" may not be used to calculate lot area only. 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. 2.3.2 In Permitted Use tables, 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 Page 2-1 Section 2 Interpretation of By-law in the notation at the bottom of the table is satisfied and that it satisfies all applicable provisions of this By-law. 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 Use of Singular and Plural 2.4.1 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. 2.5 Measurements and Dimensions 2.5.1 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. 2.6 Definitions 2.6.1 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. 2.7 Floor Space Index 2.7.1 Where the Floor Space Index (F.S.1.) 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. 2.7.2 Where the maximum F.S.I. for a property indicated on a Schedule is different than the maximum F.S.I .indicated in Table 9-2, the F.S.I. indicated on the Schedule shall take precedence provided that the use meets all applicable regulations of this By-law. Page 2-2 Section 2 Interpretation of By-law 2.8 Notations in Tables 2.8.1 Notations provided at the bottom of a table in this By-law are considered to be part of the table. 2.9 Meaning of Terms 2.91 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". 2.10 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. t Page 2-3 n Section 3 Definitions 3. 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 Home Care See Section 5.5.1 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, horse-racing and a .carnival, and accessory uses such as a music concert, flea market, and concession stands. Aisle See Section 6.3.1 a) for definition. 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. 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. Page 3-1 Section 3 Definitions Art Gallery An establishment open to the public where the principal use is the exhibition of paintings, photographs, sculptures, pottery, and other visual art. 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 astorey or aone- half st rey. i 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. 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. t Page 3-2 Section 3 Definitions t Basement The portion of a building between two floor levels that has less than 50 percent of its 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 5.8.1 a) for definition. 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. 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. • 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. • 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. 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. Page 3-3 Section 3 Definitions Bunkhouse A building or mobile home located on a farm that is used for the accommodation of up to 10 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. 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, anon-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. Caterer '~ An establishment in which meals are prepared and delivered for consumption off the premises at asocial event. The term caterer does not include atake-out restaurant. Cellar The portion of a building between two floor levels that has more than 50 percent 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 Land subject to the Cemeteries Act used for the internment of deceased persons. Children's Home Care See Section 5.5.1 b) for definition. 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. L Page 3-4 Section 3 Definitions Community Centre A building and associated lands owned by the Municipality and either operated by the Municipality or by anon-profit corporation for use by residents of the Municipality for community activities including, but not limited to recreational, social, charitable and educational purposes. Community Recreation Centre A building and associated lands owned and operated by a private organization in which facilities are provided for the educational, recreational, political or social purposes of the residents of a site. A community recreation centre 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 as accessory uses. 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. 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. Conservation The protection, maintenance and enhancement of natural features 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 Otonobee Region Conservation Authority. Contractor's Yard An enclosed area where a contractor stores equipment, vehicles and materials used in the conduct of his business. Crisis Care Facility See Section 5.2.1 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. l Page 3-5 Section 3 Definitions Deck A accessory structure that is located a minimum of 0.5 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 An establishment to which the public may gain vehicular access through adrive-through queue aisle to purchase, order, or receive goods and/or services from a designated window or area. 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. 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. • 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. • 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. (See Section 5.1 ). • Semi-Detached Dwelling One of the two dwellings located in asemi-detached building, but not including an in house apartment dwellin4. • Single Detached Dwelling A completely detached building containing one dwelling. Electricity Substation Buildings and/or structures used for the purpose of reducing electric power voltage from a transmission level to a level appropriate for distribution. Page 3-6 Section 3 Definitions Established Building Line See Section 4.3.1 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 Legally in existence immediately prior to the date of passing of this By-law. 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 privafe road. • 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, including field crops, fruit, and greenhouse crops; sod farms; nursery stock, riding and boarding stables; cattle, swine, sheep, horses and similar domesticated animals; deer, elk, and ostriches; and poultry, birds, fish, frogs, and insects. 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, an intensive livestock operation, a kennel, a garden and nursery centre, or the keeping of exotic animals. 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 ~r Farm Produce Stand A building or structure accessory to a farm in which fruits and vegetables grown on the farm unit are offered for sale. The limited sale of processed food items 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 of 15 square metres. Farm Tourism Use A commercial activity that caters to the public and that is related to and accessory to a farm located on the same lot. A farm tourism use shall include the sale of fresh fruit or vegetables, but may also include the limited sale of value-added farm products such as jams, honey or wine, eggs and dairy products, preserving supplies, home crafts and similar products, refreshments and food for consumption on the premises, and flowers and bedding plants grown locally. Special evenfs Page 3-7 Section 3 Definitions L'• are permitted as accessory to a farm tourism use. The sale of meat and meat products, paper products, coffee, housewares, breakfast cereals, tobacco products, magazines, soap, pharmaceutical products, lottery tickets and similar products not typically produced within the agricultural community is not permitted. 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 A commercial activity set up during the harvest season in an open area that consists of two or more individual retail operators selling local farm produce, and may include the accessory sale of processed local farm produce, but shall not include the sale of meat, poultry or fish. 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. 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 buildin 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. Page 3-8 Section 3 Definitions • 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 being used for 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. • Residential F.S.I. The F.S.I. using gross residential floor area. 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 Farm An establishment where mink, chinchillas, rabbits and similar soft-haired animals are raised for the purposes of harvesting their furor hair. Garage An accessory building or part of a principal building designed, used or intended to be used primarily for the storage of one or more motor vehicles. Garden and Nursery Centre An establishment where landscaping 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 or landscaping • 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. t Page 3-9 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, amini-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, amini- putt, and a practice green. Good Forestry Practice The proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which it is being applied and that minimize detriments to forest values, including: significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health; and the aesthetic and recreational opportunities of the landscape. Good forestry practice .includes the cutting and removal of hazardous, severely damaged, diseased and insect-infested trees that must be removed in order to prevent contamination or infestation of other trees, or that no longer contribute to the achievement of forest values. Greenhouse A structure whose roof and sides are made primarily of transparent or translucent material and within which plants are cultivated. Such use may also include the wholesale or retail sale of greenhouse products produced in the greenhouse. Habitable Room A room within a building that is designed and used for year-round human occupation, including finished basements, cellars and attics. Home Crafts 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 5.6.1 a) for definition. Home Occupation See Section 5.5.1 c) for definition. . Hotel An establishment that caters to the travelling 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 Page 3-10 Section 3 Definitions hotel may provide accessory uses such as a restaurant, bar, and conference and recreational facilities. Impervious Surface Means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot. 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. 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. Kennel An establishment where four or more dogs 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 square metres that is accessory to a permitted building, structure, or use and is located on the same lot. ~,,, Landscaped Area See Section 4.5.1 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 streef. The term lane shall not include a street. 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 the date of passing of this By-law, as long as it continues to be used for that purpose. 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. 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. Page 3-1 1 Section 3 Definitions 1 Exterior Lot (See Figure 3 -1) A lot situated at the intersection of and abutting upon two streets, a street and a private road, 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. • 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 /of that is located within the specific zone. An in-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 Page 3-12 t Section 3 Definitions 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. 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 yard 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. • Through Lot A lot bounded on two opposite lot lines by streefs andlor 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 Yard setback provisions of the zone in which the lot is located shall apply to each lot frontage. • Lot Line Any boundary of a /of or the vertical projection thereof. • Exterior Side Lot Line Aside lot line abutting a street or private road on an exterior lot. L l Page 3-13 Section 3 Definitions • Front Lot Line In the case of an interior I_t a lot line dividing the lof 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 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 Aside 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. Medical Clinic 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. 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. Mobile Home A dwelling that is designed to be made 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. Page 3-14 Section 3 Definitions 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. The responsibility for maintenace of private internal roads, common areas and common buildings rests with the owner of the land. Model Home See Section 5.11.1 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 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. • 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 passenger motor vehicles that consists of fuel pumps, and a kiosk for the fuel bar attendant within that 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. Page 3-15 Section 3 Definitions • 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 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 aself-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. Naturalized Areas See Section 4.5.1 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. Park An area of land owned by or leased to a public authority consisting largely of open space and used primarily for passive and/or active recreational purposes. 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. Page 3-16 Section 3 Definitions 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. 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 • 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, parsonage 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. Principal Building or Structure The building or structure within which a principal use occurs. Principal Use The primary purpose for which a lot, building, structure or any combination thereof, is used, designed, arranged, occupied or maintained. L Page 3-17 L Section 3 Definitions 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. 1, 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 aright-of--way, a street or a lane. L Professional Service An establishment in which a service is provided for a fee that administers to the needs of businesses, or a service is provided by professionally qualified persons and their staff to clients or patients who seek advice, consultation or treatment. The term professional service includes a travel agency, photographer, veterinary clinic, medical office, legal office, real estate office, financial office, photocopy centre, 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 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 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. Page 3-18 Section 3 Definitions 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. • Wayside Quarry A temporary quarry opened and used by or for a public aufhority solely for the purpose of a particular road construction project or contract and not located on a road allowance. Recreation Centre An establishment designed, equipped and used for the pursuit of sporting and other recreational activities, and may include an arena, swimming pool, and fifness centre. Recreational Competition • Motorized Recreational Competition Any competition involving sport and other recreational activities and may include motorized vehicles carried out 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, sailboats, all-terrain vehicles and recreational motor vehicles. Reforestation Area An area in which trees with a minimum height of 30 centimetres representing at least three individual tree species have been planted. 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. Residential Care Facility See Section 5.2.1 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. l • Drive-Thru Restaurant A restaurant with adrive-thru. Page 3-19 Section 3 Definitions • 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 and Boarding Stable An agricultural establishment where horses, ponies and similar equestrian animals are boarded and cared for, available for hire to the general public for riding, or where instruction in riding, jumping, and showing is offered. i 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 establishment for educating children or for providing instruction to adults, but shall not include a college or university as defined by the Province. • 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 public school that offers education for all or some of the grades from Junior Kindergarten to Grade Eight. Page 3-20 t Section 3 Definitions • Private School A school other than a public school or a commercial school that prepares students for an Ontario Secondary School Diploma recognized by the Ministry of Education or the International Baccalaureate, and that .may include facilities for boarding students registered at the school. • Public School A school under the jurisdiction of a public school board. The term public school may include a day care centre as an accessory use. • Secondary School A public school that offers education for all or some of the grades from Grade Nine to O.A.C. (Ontario Academic Certificate). Sod Farm Land where grass is grown on a commercial basis, and removed and transported, together with its supporting topsoil, for use in landscaping. Special Event See Section 5.10.1 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 square metres 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, house wares, 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 motor vehicle fuel bar, a restaurant, a pharmacy, and other personal services and professional services. Page 3-21 L Section 3 Definitions • 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 percent of the floor area of the principal building, to a maximum size of 300 square meters. • 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. • 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, house wares, dry goods and toys. • Grocery Store A store where atl types of food and other household items are offered for sale, primarily on a self service basis. • 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 percent 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. • Local Street A street having a width up to and including 23 metres. Street Line A limit of a street, private road or lane. t Page 3-22 t Section 3 Definitions Street Related Building Entrance A principal entrance to a building located in the part of a fagade fronting onto a street and located within 0.2 metre above or below finished grade. Astreet-related building entrance shall be recessed a maximum of 6 metres from the fagade. 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 fence or wall, but shall not include a motor vehicle, 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 metre and intended primarily for swimming and/or diving. Temporary Sales Office See Section 5.11.1 a) 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. 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. • Recreational Trailer A trailer constructed as aself-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 frailer designed to be towed as part of tractor trailer that is a commercial motor vehicle. ~ 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. Veterinary Clinic An establishment where a veterinarian administers care for the cure, prevention, and treatment of disease and injury to animals, not including farm animals, and that may also contain a shelter for animals during the treatment period. Page 3-23 'i Section 3 Definitions 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 4.4.1 a) for definition. 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. Yard See Section 4.3.1 b) for definition. • Exterior Side Yard See Section 4.3.1 b) i) for definition. • Front Yard See Section 4.3.1 b) ii) for definition. • Interior Side Yard See Section 4.3.1 b) iii) for definition. • Rear Yard See Section 4.3.1 b) iv) for definition. L • Yard Setback See Section 4.3.1 b) v) for definition. Page 3-24 t L PART II GENERAL PROVISIONS Clarington Zoning By-law (Draft) Section 4 General Development Regulations 4. GENERAL DEVELOPMENT PROVISIONS 4.1 Accessory Buildings, Structures and Uses 4.2 Attached Garages and Carports 4.3 Yards and Yard Setbacks 4.4 Visibility Triangles 4.5 Landscaped Areas 4.6 Height of a Building or Structure 4.7 Servicing Requirements 4.8 Frontage on a Street 4.9 Non-conforming Buildings and Structures 4.10 Lots Deficient in Area and/or Frontage 4.11 Holding (H) Symbols 4.12 Dwellings Below Grade 4.1 Accessory Buildings, Structures and Uses 4.1.1 For the purposes of this By-law: 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) a building or structure accessory to a dwelling shall not be used for any profit- making activity, except where specifically permitted in this By-law; c) an outdoor swimming pool, whether above-ground or in-ground, shall be included in the calculation of the total lot coverage for all buildings and structures or the total floor area for all accessory buildings and structures; d) landscaping features such as hedges, trees, and shrubs, and accessory structures such as fences, free standing walls, flag poles, and light standards are permitted in any required yard unless otherwise specifically prohibited in this By-law; e) in a Residential Zone, a detached garage is the only accessory building or structure permitted to be located in the front yard where permitted by this By- law; Page 4-1 Section 4 General Development Regulations f) in a Commercial Zone, a maximum of three coin-operated entertainment machines such as a pinball machine or a video game, but excluding a video lottery terminal, may be permitted as an accessory use; and g) in an Agricultural Zone, a maximum of two commercial motor vehicles may be parked on a non-farm residential lot, either outside or within an accessory building or structure; ~ ~ - ~ + ~ Legend Yard Set backs T l L Fl H i ht ~ Not ota ot oor g e applicable Coverage Area (max) ZR Zone (max) (max) Front Rear Interior Side Exterior regulation Side # Notation Detached 3.7~m ZR 1.2 m~,~ 1.2 m~2~ 1.2 m ara e Antenna; 3 7 m~3~ Section 1.2 m measured from edge of antenna Satellite dish 4.1.2 f or satellite dish Play equipment; Z Diving board; 5% of lot area 100 m 3 m 4 1 2 f) 1.2 m 1.2 m 1.2 m Pool slide 0.6 m; Climate control # Section 1.2 m 0 m if located at least 0.3 m 1.2 m device 4.1.2 f) above finished rade Other uses 3.7 m Section 4.1.2 f 1.2 m 1.2 m 1.2 m 35% of ground floor All uses area of 60 m2 5 m ZR ~4~ 1.2 m 1.2 m ZR principal building All uses ° o lot 60 m2 5 m ZR c4- 1.2 m 1.2 m ZR area 1 ~ / • ~ ~ ~ rY to 5% of lot area 100 mz 5 m ZR 1.2 m~s~ 1.2 m~5~ 5 m dwelling Page 4-2 Section 4 General Development Regulations 4.1.3 Notations for Table 4 -1 ~~~ Reary rd setback where the rear yard abuts alane - 2 m c2) Interior side yard setback where there is a common wall with a detached garage on an abutting lot - 0 m ~3~A satellite dish with an area of not greater than 0.5 m2 and mounted on the roof of a building or structure may project 3 m above the highest point of the roofline of the building or structure (4) Front yard setback for kiosk - 1.5 m cs> Yard setback for parking commercial motor vehicle - 5m; where abutting a Residential 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 dwellin ,semi-detached dwellin , or townhouse dwelling may have a floor area not greater than 25% of the dwelling to which it is accessory. L 4.2.2 An attached garage or carport shall be subject to the height and yard setback regulations of the zone in which it is located. 4.3 Yards and Yard Setbacks 4.3.1 For the purposes of this By-law: a) Established Building Line (see Figure 4 - 1) shall mean the average setback from the street line of the existing principal buildings on one side of a street or private road where at least 50 percent of the lots on that side of the street or private road have been built upon; b) Yard (see Figure 4 - 2) 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 Page 4-3 t 4.2.3 An attached garage or carport shall be permitted to project closer to the street line than the fagade of the dwelling to which it is attached, as measured between finished grade and a height of 3 metres, in accordance with Table 4-2. Section 4 General Development Regulations that are specifically permitted in this By-law; i) Exterior Side Yard shall mean a yard immediately abutting an exterior side lot line extending from the frontyard 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 nearest part of the principal building, structure or outside storage area permitted on the lot; iii) Interior Side Yard shall mean a yard abutting an interior side lot line extending from the front ~ to the rearward; iv) Rear Yard shall mean a yard extending across the full width of the lot between the rear lot line and the wall of the principal building, structure or outside storage area permitted on the lot; v) Yard Setback (see Figure 4 - 3) shall mean the shortest distance required by the By-law between a lot line and the nearest part of any building, structure or use on the lot. 4.3.2 As illustrated in Figure 4-1, where there is an established building line extending on one or both sides of a lot in a Residential 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. STREET /PRIVATE ROAD AVERAGE SETBACK REQUIRED O ____ ---- _ -- - FRONT O W -~ SETBACK W a a W ; ESTA BLISHED /EXIS TING ~ I BUILDINGS I ~ L Page 4-4 c n STREET /PRIVATE ROAD EXTERIOR SIDE LOT LINE EXTERIOR z i SIDE YARD a ~ i p REAR ~ ~ FRONT i BUILDING ~ YARD i i YARD a ~ ~ i INTERIOR i ~ SIDE YARD ~ INTERIOR SIDE LOT LINE z O a z °a Gr. 1 MINIMUM STREET /PRIVATE ROAD EXTERIOR SIDE YARD EXTERIOR SIDE LOT LINE SETBACK ~ i W w ~ ~ z --- --------- a a H E'' O MINIMUM BUILDING MINIMUM ~ ..7 a REAR YARD ENVELOPE FRONT YARD d SETBACK SETBACK p w O4 --------i I --------- ~ ~ INTERIOR SIDE LOT LINE MINIMUM INTERIOR SIDE YARD SETBACK O a F a w F A d w d a_ F WW a F ~~--- /~~-- i i i I\~~-- .-- i~ i i i i i i 1 i i i i i 1 Page 4-5 Section 4 General Development Regulations t 'Section 4 General Development Regulations 4.3.3 All residential buildin s shall have a minimum 30 metre and setback from n 9 ,~! a y railway property line. 4.3.4 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. 4.3.5 . : Structure Yard into which projection is projection into required yard ermined setback (max) Sill, belt courses, cornices, eaves, gutters, chimneys, pilaster, parapet, All 0.75 m or cano ies on a residential buildin Canopies or awnings in a Commercial 3 m, provided the canopy or or Industrial Zone All awning is a minimum height of 2.5 m above finished grade 0.75 m, provided no yard Window bays; cantilevered floors All setback is reduced to less than 1.2 m Single detached Fire escapes; exterior stairs dwelling, semi- 1 m, provided no vard setback detached dwellin is reduced to less than 1 2 m - rear vard and side . and Triplex, fourp/ex, apartment buildin , townhouse building, 1 m, provided no vard setback mixed use building is reduced to less than 1.5 m - rear vard and side and 1.5 m, provided no yard Balconies; decks; porches All setback is reduced to less than 1.2 m. 4.3.6 Anew 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. Page 4-6 Section 4 General Development Regulations a 4.3.7 Anew 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. 4.3.8 Sections 4.3.6 and 4.3.7 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, or the Urban Areas of Courtice, Bowmanville or Newcastle Village. 4.4 Visibility Triangles 4.4.1 For the purposes of this By-law: a) Visibility Triangle shall mean atriangular-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. 4.4.2 As illustrated in Figure 4 -4, 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 7.5 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 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, lane, or right-of--way and a diagonal line drawn between these two points. 4.4.3 Within a visibility Triangle: a) 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. Page 4-7 t t Section 4 General Development Regulations 4.4.4 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. STREET/PRIVATE ROAD ' h- 7.Sm Tr- i i Ei ~ / ~i x t 0 a W e a F WWW ai F Y .] 3 8 '~ 3m hf t i . SIDEWALK STREET LINE ( EXTERIOR SIDE LOT LINE ) VISIBILITY TRIANGLE ON A CORNER LOT VISIBILITY TRIANGLE ADJACENT A DRIVEWAY DRIVEWAY PROPERTY LINE 3m 4.5 Landscaped Areas 4.5.1 For the purposes of this By-law: OC W °a ~ a 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. A landscaped 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. A landscaped 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" or EP1 -Environmental Feature. L 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. Page 4-8 Section 4 General Development Regulations 4.5.2 Landscaped areas shall be provided in accordance with Table 4 - 4: ~: ~ ~ .. , .- Legend Residential Institutional Commercial Industrial Aggregate # Not Zones Extraction a licable Zones Zones Zones ~~~ p1 , P2 Zones Fronf and 30 % 0 - 3 m setback -area between street line and 30 m building shall be landscaped~2~ 30 m Exterior side 70% 3.1 -15 m setback - 3 m wide rester than 15 m setback - 4.5 m wide Interior side 30 m and # where abutting a Residential zone -1.5 m Rear and ~ 30 m ~~~ A 7.5 m wide landscaped area shall be provided on all lot lines abutting Highway 401 or having frontage on a streef abutting Highway 401 c2) A 3 m wide landscaped area shall be provided where a parking area at finished grade abuts a street line 4.5.3 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 orright-of--way. 4.6 Height of A Building or Structure 4.6.1 As illustrated in Figure 4 - 5, 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. 4.6.2 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; L Page 4-9 I ~. Section 4 General Development Regulations 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 percent of the area of the roof upon which they are located. ~~ C~ FLAT ROOF FRONT i W SIDE GRADE~x ----____-- RIDGE ~ 1/Z s -~------ ---- I/2 i ~ EAVE HIP ROOF ~ ~ OR FRONT i ~ GRADES SIDE GABLE ROOF RIDGE ROOF DECK LINE -----T----- ~ i~ EAVE MANSFORD ROOF i O ~ W OR GAMBREL ROOF FRONT SIDE GRADE~x 4.6.3 Except as specifically permitted by this By-law, the height restrictions provided by this By-law shall not apply to free-standing water tanks, electricity transmission towers, communication towers, windmills, grain elevators, barns, silos, incidental equipment required for the processing of materials associated with a principal use, and external equipment associated with internal building equipment. 4.7 Servicing Requirements 4.7.1 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. 4.7.2 Subsection 4.7.1 does not prevent the construction or use of a building or structure accessory to any use permitted in the zone. Page 4-10 Section 4 General Development Regulations 4.8 Frontage on a Street 4.8.1 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. 4.8.2 The provisions of Section 4.8.1 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. 4.8.3 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 4.8.1 shall not apply to prevent the enlargement, extension or renovation of such building or structure or the construction and use of accessory buildings or structures on such lot. 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 the date of passing of this By-law, 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 A1, A2, NCA, or NLA Zones in accordance with the provisions of the Clarington Official Plan, that portion of the original lot 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 4.3 of this By-law. 4.10 Lots Deficient in Area andlor Frontage 4.10.1 Land may be used, and a building or structure may be constructed, altered or used on a lot having a lesser lot area and/or lot frontage than required by this By-law, provided that the /of 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. 4.10.2 The provisions of Section 4.10.1 shall not apply to permit the establishment of a non- residential use on any lot less than 2 hectares in area located in the A1, A2, NCA, or NLA zones. Page 4-11 t Section 4 General Development Regulations 4.11 Holding (H) Symbols 4.11.1 The letter (H), when used in conjunction with a zone symbol shown on a Schedule to this By-law, indicates how lands, buildings, or structures may be used at such time in the future as the holding symbol is removed by amendment to this By-law. Until such time as the (H) symbol is removed, the use of the land, buildings, or structures shall be limited to existing uses and conservation, and no new building or structure shall be constructed. No existing building or structure shall be enlarged, extended or reconstructed without the approval of the Committee of Adjustment. 4.12 Dwellings Below Grade 4.12.1 A dwelling designed to have all or part of its total 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 percent of the total floor area of the dwelling; b) each of the living room, the dining room, the kitchen, and the bedrooms has a window area above finished grade equal to 10 percent of the floor area of the room. Page 4-12 t Section 5 Special Land Use Provisions 5. SPECIAL LAND USE PROVISIONS 5.1 In-House Apartment Dwellings 5.2 Crisis Care Facilities and Residential Care Facilities 5.3 Temporary Living Quarters 5.4 Use of Mobile Homes, Recreational Motor Vehicles and Recreational Trailers as Dwellings 5.5 .Home Occupations 5.6 Home Industries 5.7 Garage Sales 5.8 Bed and Breakfast 5.9 Public Use Exemptions 5.10 Special Events 5.11 Model Homes, Temporary Sales Offices and Construction Uses 5.12 Banking Machines 5.13 Wayside Pits and Quarries 5.14 Portable Asphalt Plants 5.1 In-House Apartment Dwellings (reserved) 5.2 Crisis Care Facilities and Residential Care Facilities 5.2.1 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 handicaps or problems, 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. Page 5-1 Section 5 5.2.2 Special. Land Use Provisions .; ~ .. , , .- , Legend ZR Zone regulation Separation distance between other crisis care 250 m facilities and/or residential care facilities The greater of: Private amenity area i) 20 m2 ~er resident; or ii) 150 m total. Must be located in rear and Floor area per resident 20 m2 of gross residential floor area Parking ZR 5.3 Temporary Living Quarters 5.3.1 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 livings quarters from the lof 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 theyard setbacks of the zone in which it is located; and c) the temporary living quarters are serviced with adequate sanitary sewer and water services approved by the appropriate public authority. 5.4 Use of Mobile Homes, Recreational Motor Vehicles and Recreational Trailers as Dwellings 5.4.1 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. 5.4.2 A mobile home park and a campground are prohibited in all zones except as otherwise specified in this By-law. Page 5-2 Section 5 Special Land Use Provisions ~„i 5.5 Home Occupations 5.5.1 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 handicapped adults 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 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. 5.5.2 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. 5.5.3 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. 5.5.4 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; 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. ~ 5.5.5 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. Page 5-3 Section 5 n Special Land Use Provisions in the dwelling atone time. The rear yard of the dwelling may be used as accessory to the adult home care establishment. 5.5.6 A children's home care may accommodate a maximum of five children. The rear yard of the dwelling may be used as accessory to the children's home care. 5.5.7 +: . ~ , , .. , # Notation Floor area (max) 30% of dwelling, to a maximum of 100 m2 ~~~ Number of employees (max) 3 people, which may include 1 person who does not reside in the dwellin ~ Parking~2~ 1 space for an employee that resides outside the dwelling, lus the number of s aces re wired b Section 6 Other regulations i) Not permitted in accessory building or attached garage ii No exterior dis la or stora a of oods Notations for Table 5 - 2 ~~~ Where a home industry is located on the same lot as a home occupation, the regulations in Table 5-3 regarding maximum floor area and number of employee shall apply in total, to both the home occupation. and home industry. 1~1 Parking spaces are not required for a business or administrative once 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 outside the dwelling. 5.6 Home Industries 5.6.1 For the purposes of this By-law: a) Home Industry shall mean a small scale industrial operation that is carried on as accessory to a permitted single detached dwelling. 5.6.2 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; d) crafts; and e) the production of value -added agricultural products such as cider, honey or wine. 5.6.3 The following are examples of uses that are not permitted to be conducted as a home industry: Page 5-4 L Section 5 Special Land Use Provisions a) automotive repair, 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 4 tonnes at registered gross vehicle weight. t .5.6.4 .: • ~ ~ # Notation Lot Area 0.8 ha Location on lot Single detached dwelling ~~~, attached garage, or accessory building Floor area (max) of home industry 200 m 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 does not reside in the dwellin s Yard setback 10 m f3) 1 space for each employee that resides outside the dwelling, Parking (4) lus the number of s aces for the use re uired b Section 6 Other regulations i) No exterior display or storage of goods Notations for Table 5 - 3 ~~~ 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 5-3 regarding maximum floor area and number of employee shall apply in total, to both the home occupation and home industry. c3~ Accessory building containing a home industry shall be located in the rear yard or the exterior side yard. ~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 outside the dwelling. 5.7 Garage Sales 5.7.1 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 anon-profit or community organization. Page 5-5 t Section 5 Special Land Use Provisions 5.7.2 Dwellin a Sin le detached, semi-detached, du /ex, townhouse Buildin a Community centres, places of worship, public school, private school Location on lot _ Exterior side and front ard, and/or attached ara e Duration max 3 consecutive da s durin da li ht hours onl Number ermitted max 4 ara a sales er calendar ear 5.8 Bed and Breakfast 5.8.1 For the purposes of this By-law: a) Bed and Breakfast means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling 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. 5.8.2 Abed and breakfast is permitted in the A, A1, NCA and NLA zones provided that the regulations in Section 5.8.3 are complied with. 5.8.3 5.9 Public Use Exemptions 5.9.1 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) afire 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 Page 5-6 L Section 5 Special Land Use Provisions 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) electricity generation by nuclear fission, the processing of heavy water, electricity generation and research including but not limited to the production of electricity by nuclear fission or nuclear fusion, 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 ; „ 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. 5.9.2 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 the date of passing of this By-law and continue to be used for that purpose: a) a public school; b) a railway corridor owned by St. Lawarence & Hudson or by C.N. Rail; c) an administration and sales facility, equipment and vehicle repair, and the storage of motor vehicles, equipment and building materials on lands owned by Veridian Corporation at 2849 Highway 2, Bowmanville (Plan 10R-1976, Part 1); d) electricity substations on lands owned by or leased to Veridian Corporation or Hydro One Network Inc.; and e) an administration facility, equipment and vehicle repair, and the storage of motor vehicles, equipment and building materials on lands owned by Hydro One Network Inc. at 2455 Concession Road 3, Bowmanville (Plan 10R- 1971, Parts 1 and 2). 5.9.3 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. 5.9.4 The following requirements shall apply to lands, buildings or structures being used for a public use pursuant to the provisions of Section 5.9.1, 5.9.2, and 5.9.3: a) no goods, materials or equipment shall be stored in the open except in Industrial Zones where open storage is permitted; b) the regulations of the specific zone with respect to parking spaces, loading Page 5-7 Section 5 Special Land Use Provisions spaces, landscaped area, outdoor storage area, yard setbacks, and the location of buildings and structures shall be complied with; c) any building or structure constructed after the date of passing of this By-law shall be designed and maintained~in general harmony with the buildings and structures of the type permitted in the zone in which it is located. 5.9.5 The provisions of Section 5.9 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 Special Events 5.10.1 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; c) Temporary for the purposes of Section 5.10, 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 /of in a calendar year. L 5.10.2 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 percent of that required by Section 6 for the commercial uses on the lot. 5.10.3 Special events licensed by the Municipality are not subject to the parking space and loading space requirements set out in Section 6. 5.10.4 A special event is permitted on any lot owned by a public authority, a private school, or a place of worship. 5.11 Model Homes, Temporary Sales Offices and Construction Uses 5.11.1 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 Page 5-8 L Section 5 Special Land Use Provisions marketing of residential lots and dwellings within a draft approved subdivision or condominium plan. 5.11.2 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. 5.11.3 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 or cease operation no later than the sale of the last lot or the occupation of the last dwelling. 5.11.4 A minimum of 8 parking spaces shall be provided for a model home or a temporary sales office. 5.11.5 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 valid, 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. 5.12 Banking Machines and Postal Outlets 5.12.1 A banking machine and a postal outlet shall be permitted in any zone provided it is located within a principal building permitted within that zone and can only be accessed from within the budding. 5.13 Wayside Pits and Quarries 5.13.1 A wayside pit or a wayside quarry is permitted for a maximum of 18 months in the A1, and A2 zones provided that the proposed use is not located within: a) a significant woodland, a significant valleyland, the Ganaraska Forest, or the Long Sault Forest as identified on Map C of the Clarington Official Plan; and b) a rare vegetation community or the significant portion of the habitat of threatened or endangered species as identified by the Minis#ry of Natural Resources. Page 5-9 t Section 5 Special Land Use Provisions 5.14 Portable Asphalt Plants 5.14.1 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 maximum of 18 months in the Al and A2 zones provided that the proposed use: a) is located a minimum of 30 metres from any lands zoned EP and EP1; and b) is located a minimum of 50 metres from any dwelling. Page 5-10 Section 6 Off-Street Parking and Loading t 6. 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-Thru 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. t 6.1.2 ~: ~ .,. .. ~ • Legend Parkin S ace ~ Not Other applicable Width ~~~ Length Regulations # Notation Angle~2i 2.75 m (3) 5.7 m measured on ~ the an le Parallel 2.75 m (3) 7 m ~ 5.7 m; or Perpendicular 2.75 m (3) 5.4 m in front of Width of landscaped area landscaped area or or walkway - 2.4 m walkwa 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 2.75 m 5.7 m Area -18.6 m2 Notations for Table 6 -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. l21 Angle of parking space - 45 degrees (3) Total width of 2 outdoor perpendicular parking spaces for a single detached, semi-detached or duplex dwellin - 4.6 m. This provision does not apply to semi-detached dwellings in the R3A Zone. Page 6-1 Section 6 Off-Street Parking and Loading 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. PERPENDICULAR PARKING M 7.75m I~ E AISLE ~ _~ vl M z.75m h PARALLEL PARKING 7.Om AISLE & ~- N ~-7.Om-~ PERPENDICULAR PARKING PERPENDICULAR PARKING IN FRONT OF LANDSCAPED AREA IN FRONT OF WALKWAYS AISLE z.7sm LANDSCAPED ~ AREA STREET/PRIVATE ROAD AISLE z.7sm ~ WALKWAY BUILDING TANDEM PARKING Page 6-2 t ANGLE PARKING STREET/PRIVATE ROAD Section 6 Off-Street Parking and Loading 6.1.4 Required parking spaces and parking areas shall only be used for the parking of 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 l licensed. 6.1.5 With any Residential Zone one commercial motor vehicle not exceeding four tonnes registered gross weight at capacity may. use a required parking space. 6.1.6 The parking spaces required for a permitted residential use and for a permitted home occupation may be provided in tandem. l 6.2 Parking Space Requirements 6.2.1 Unless otherwise permitted by this By-law, parking spaces shall be provided on the same lof 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 j a ~ ~ .. T e of Use Number of Parkin S aces Single detached; Semi- 2 outdoor spaces per dwelling detached Du lex; Street townhouse 2 s aces er dwellin 2 bedroom a artment 1.5 s aces, lus 0.25 visitors aces er dwellin 1 bedroom apartment; 1.25 spaces, plus 0.25 visitor spaces per dwelling Bachelor a artment Home occu ation Table 5-2 Home Indust Table 5-3 In-house a artment Section 5.1.4 Other permitted residential 2 spaces per dwelling uses • Flea market; Grocery store; Retail warehouse; Shopping 1 space for every 20 m2 of gross leasable floor area centre Business or administrative office; Day care centre; Office 1 space for every 30 m2 of gross leasable floor area bui ding,• Personal service; Professional service; Store 1 to 5 doctors - 5 spaces per doctor, plus 4 spaces for each Medical office, Veterinary additional doctor clinic Where a medical office is a home occupation - 1 space for every 30 m2 of the dwellin used for the home occu ation Bed and breakfast; Hotel; 1 per suite or guest room Motel Page 6-3 t Section 6 Off-Street Parking and Loading fl t . ~ ~ ., •~ T e of Use Number of Parkin S aces Adult entertainment parlour; The greater of: Bar; Restaurant i) 5 spaces; or z ii 1 s ace for eve 7 m of ublicl accessible floor area ~ r Arena; Art gallery; Assembly hall; Auction centre; The greater of 1 per: Banquet hall; Community i) 5 fixed seats; centre; ii) 3 m of bench seating; or Funeral home; Museum; Place iii) 9 mZ of floor area of entertainment; Place of worship; Private club; Theatre; Other similar atherin laces Bowlin alle 3 s aces er bowlin lane Curlin rink 4 s aces er curlin sheet Golf course 3 s aces er hole Golf drivin ran e 1 s ace er tee/mat Fitness centre 1 s ace er 30 m of ublicl accessible floor area Mini- utt 1.5 s aces er hole Marina 1.25 s aces er boat sli .. The greater of: i) 1.5 per classroom; or ~,y Elementa ii) 1 per 10 m2 of total floor area in the assembly hall and cafeteria The greater of Secondary; i) 4 spaces per classroom; or Commercial ii) 1 space per 10 m2 of floor area in the assembly hall and cafeteria 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 5-1 Residential care facilit Abattoir; Industrial uses 1 space per 90 m of floor area up to 2,000 m ,plus 1 s ace er eve 500 m2 of additional floor area • Other ermitted uses 1 s ace er 30 m of floor area Page 6-4 Section 6 Off-Street Parking and Loading 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. 6.2.6. ~: Legend # Notation Number of Parking Spaces Required By Table 6 - 2 Parking Spaces for Physically Disabled ~ 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 ~~~ 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. Page 6-5 Section 6 Off-Street Parking and Loading 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 manoeuvring 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 lotto the travelled 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; 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 five percent 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 R1, R2 and R3A zones, no driveway or parking space shall be located within 7.5 metres of a side lot line abutting a Residential Zone, or within 1.5 metres of a rear lot line abutting a Residential 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 m of a street line or within a required visibility triangle; and c) in a Residential Zone, no part of any parking space or parking area other than a driveway shall be located within 1 m of a street line or within a required visibility triangle. 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. Page 6-6 Section 6 Off-Street Parking and Loading 6.4 Drive-Through Queue Aisle 6.4.1 For the purposes of this By-law: a) Drive-through Queue Aisle shall mean an aisle located on the same lot as a drive-through establishment that is used exclusively for the queuing of motor vehicles waiting for service from adrive-through window. 6.4.2 Each drive-fhru establishment shall provide adrive-through queue aisle for the queuing of motor vehicles. 6.4.3 6.4.4 Adrive-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 adrive-through queue aisle abuts a residential use, the queue aisle shall be setback 3 metres from the lot line and shall be screened from the residential use by a 2 metre high wall or decorative closed board fence. 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. 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. Page 6-7 Section 6 Off-Street Parking and Loading 6.5.4 ~: • • • i~~ , Legend Number of Loadin S aces ~ Not applicable Length - 11 m Length - 7.5 m Width - 4 m Width - 3 m Apartment buildin - 1 to 30 apartments ~ 1 Apartment building - 31 to 90 apartments ~ 1 A artment buildin - 91 or more a artments 1 1 Hos ital; Nursin home; Retirement home Assembly hall; Business or administrative office; Convenience store: Motor vehicle repair garage; Personal 1 ~ service; Professional service; Place of entertainment Bar; Restaurant 1 ~ Uses with 100 m to 300 m gross commercial floor area ~ 1 Uses with 301 m to 1,000 m gross commercial floor area 1 ~ Uses with 1,000 m to 7,000 m gross commercial floor area 2 ~ Uses with greater than 7,000 m gross commercial floor area 3 ~ Uses with up to 1,000 m gross floor area 1 ~ Uses 1,001 m to 3,000 m gross floor area 2 ~ Uses with 3,001 m to 7,000 m gross floor area 3 ~ 3 spaces plus 1 Uses with greater than 7,000 m2 gross floor area space for every ~ additional 10,000 m2 or ortion thereof 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 interiorside Ord or rear yard. In Industrial Zones, loading spaces are also permitted in the front yard and exterior side 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. Page 6-8 Section 6 Off-Street Parking and Loading 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. Page 6-9 t L PART III ZONE CATEGORIES ,,, Clarington Zoning By-law (Draft) t e t t Section 8 Rural Residential Zones 8.1 Rural Settlement Area Zone Category 8.1 Zones 8.1.1 The Rural Settlement Area Zone Category consists of the following zones: a) (RS1) Rural Settlement One Page 8 - 1 8.2 Permitted Uses 8.2.1 Section 8 Rural Residential Zones 8.3 Regulations 8.3.1 ~: ~ ., ,. ~ Legend Not applicable RS1 ~#~ Notation Lot Area min 4000 m max 6000 m Lot min 30 m Frontage max 40 m Yard Front ~ard_ 66% of the dwelling facade shall be within 1 m of setback Exterior side and established building line ~ Interior side ~ 2 m Rear yard 10 m Floor Area 120 m Hei ht max 10.5 Landsca ed area 35% Lot Covera a max 15% i) An attached garage or carport shall not extend beyond the principal facade of the dwelling, measured between finished grade and a height of 3 m. Other regulat ions ii) All new buildings and structures on the lot, including new accessory buildings and structures, including swimming pools require a 120 m separation from an EP and EP1 zone ~~~ Where no established building line exists - 6 m (min) - 9 m (max) 8.4 Exception Zones 8.4.1 • ~ ~ ~ ~ • • • Legend Permitted Uses P Permitted Not Parent Specific Regulations permitted Zone Specific Uses ~ Not Uses a licable RS1-1 P Lot Area - 0.8 ha Lot Fronta e - 45 m Page 8 - 2 k t l l 9. 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) Primary Commercial Zone- RESERVED c) (C3) Secondary Commercial Zone- RESERVED d) (C4) Office Commercial Zone- RESERVED e) (C5) Neighbourhood Commercial Zone f) (C6) Highway Commercial Zone g) (C7) Motor Vehicle Service Zone 9.2 Permitted Uses 9.2.1 ,: r • ~ Legend P Permitted -- Not permitted C5 C6 C7 P # Permitted subject to notation Apartment dwelling p ~ Bar -- p Refreshment vehicle ~ p s Restaurant p a p ^ Fast food restaurant P P -- ^ Take-out restaurant p p s Place of entertainment -- p .• Art galle Assembl hall ~ p Auction centre ~ p Banquet hall - p Convention centre - p Cultural centre ~ p Fitness centre -- p Private club - p .. Motor vehicle fuel bar -- p p Motor vehicle rentals - p Motor vehicle repair garage -- P p s Page 9 - 1 L • Legend P Permitted Not permitted P # Permitted sub'ect to notation . Motor vehicle sales • r a C5 . ~ -. ~ C6 •. p 7 Motor vehicle wash - p Recreational vehicle sales and service Bank ~ • • • • p P ^ Drive-thru bank P s P s Business or administrative office P ~ -- Caterer P s - Day care centre P ~ -- D cleaning distribution centre P ~ -- Funeral home -- p Hotel ~ p -- Medical Clinic P -- -- Motel - p Personal service P -- -- Professional service P Veterinary clinic Flea market P - ~ P -- -- Garden and nurse centre - P ^ Seasonal garden and nursery centre ~ P Marine sales and service - P Store ^ Convenience store P ^ Farm equipment and supply store Pl~~ ^ General merchandise store P P ~ ^ Home improvement store -- P ~ ^ Li ht e ui ment store - P ^ Specialty store P P s Notations for Table 9 -1 ~,~ Permitted above the ground floor of a permitted non-residential use ~Z~ 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 ~a~ Excludes a restaurant with a liquor licence ~s~ Permitted as accessory to the principal use provided it is contained within the principal. building Page 9 - 2 ts~ Permitted as accessory to a principal use t,~ Gross leasable floor area (min) - 2000 m2 ts~ Gross leasable floor area (max) - 700 m2 9.3 Regulations C1 Street-Related Commercial Zone -TABLE RESERVED C2 Primary Commercial Zone- TABLE RESERVED C3 Secondary Commercial Zone- TABLE RESERVED C4 Office Commercial Zone- TABLE RESERVED .; i ~ ~ ~ Legend ~ Not applicable C5 -Neighbourhood Commercial # Notation Lot area 2000 m2 ~ Lot frontage 20 m Front yard Exterior side yard 5 m 2 m; Yard setback 0 m where a building has a common wall with a building on an Interior side Ord ad'acent lot and Rear yard Abutting a residential zone, 5 m; an additional 1 m setback for every 1 m of building height above 10 m Floor s ace Total 0.5 p index (max) Commercial 0.25 (2) Residential 0.25 Landscaped area 20% Building height Minimum ~ Maximum 3 store s to 14 m i) Gross leasable floor area for an individual store (max) - 300m2 Other regulation s ii) All new buildings and structures on the lot, including new accessory buildings and structures require a 120 m separation from an EP and EP1 zone ~~~ Minimum lot area of 4000 z for lots without full municipal services (2) 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 in Table 9-2. The letter "T' shall mean "Total", the letter "C"shall mean "Commercial", and the letter "R" shall mean "Residential." Page 9 - 3 l7 t .: ' • i ~ • Legend ~ Not applicable C6 -Highway Commercial # Notation Lot Area 3000 , Lot frontage 50 m Front yard 5 m up to 14 m in height, 8 m setback above a height of Exterior side yard 14 m 2 m for buildings up to 14 m in height, 4.5 m yard setback for the portion of the building above a height of 14 m; Yard setback Interior side yard 0 m where a building has a common wall with a building and Rear yard on an ad'acent lot Abutting a residential zone, 5 m for buildings up to 10 m in height; 1 m additional setback for every 1 m of height above 10 m Fl Total 0.25 oor space index (max) Commercial 0.25 t2~ Residential ~ Landscaped area 20% Minimum ~ Building height Maximum 10 m; hotel or mofel - 30 m i) All new buildings and structures on the lot, including Other regulations new accessory buildings and structures require a 120 m se aration from an EP and EP1 zone (~~ Minimum lot area of 4000 z for lots without full municipal services ~y~ 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 in Table 9-2. The letter "T' shall mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean "Residential." Page 9 - 4 t ~ ~ ~. Legend ~ Not applicable C7 -Motor Vehicle Service Station # Notation Lot Area 2000 m2 ~ Lot frontage 40 m Front yard Building -12 m; Exterior side Ord fuel pump island &/or weather canopy - 5 m Yard setback Interior side ~ i) Building - 5 m; , ii) Canopy - 20 m abutting residential; 5 m abutting non- Rear yard residential; Total 0.25 Floor space index (max) Commercial 0.25 ~Z~ Residential ~ Landscaped area 20% ildi B h i ht Minimum ~ u ng e g Maximum 6 m; motor vehicle fuel bar canopy -10 m i) Setback of above ground fuel tank from boundary of Residential Zone - 30 m Other regulations ii) All new buildings and structures on the lot, including new accessory buildings and structures require a 120 m se aration from an EP and EP1 zone (~~ Minimum lot area of 4000 2 for lots without full municipal services (y~ 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.l. shall take precedence over the maximum F.S.1. indicated in Table 9-2. The letter "T' shall mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean "Residential." 9.4 Exception Zones 9 4 1 T bl 9 3 P itt d U d R l ti C1 E ti Z R d . . a e - erm e ses an egu a ons - xcep on ones ( eserve ) 9.4.3 Table 9 - 4 Permitted Uses and .Regulations - C2 Exception Zones (Reserved) 9.4.4 Table 9 - 5 Permitted Uses and Regulations - C3 Exception Zones (Reserved) 9.4.5 Table 9 - 6 Permitted Uses and Regulations - C4 Exception Zones (Reserved) 9.4.6 Table 9 - 7 Permitted Uses and Regulations - C5 Exception Zones (Reserved) 9.4.7 Table 9 - 8 Permitted Uses and Regulations - C6 Exception Zones (Reserved) Page 9 - 5 D t L 9.4.7 ,; Legend Permitted Uses P Permitted parent Not Zone Specific Regulations permitted Uses Specific Uses ~ Not a licable Eating establishment C7-1 P accessory to a # ermitted use Page 9 - 6 Section 1 1 Institutional, Park, and Utility Zones 11. INSTITUTIONAL, PARK, AND UTILITY ZONE CATEGORY 11.1 Zones 11.1.1 The Institutional, Park and Utility Zone Category consists of the following zones: a) (P1) Major Institutional Zone -Reserved b) (P2) Minor Institutional Zone c) (P3) Park Zone d) (P4) Public Conservation Zone e) (P5) Utility Zone 11.2 Permitted Uses 11.2.1 • ~ .-• ~ ~ ~- ~ r • egend Permitted Not permitted # Permitted sub'ect to notation emefery P2 P P3 P4 P5 ommunity centre P P ire station P useum ~ P lace of worship P shoo/ Elementary school P Private school P Secondary school thletic field P ~ P uildings, structures and facilities ssociated with public conservation ands and ark ~ P P onservation ~ P P ark ~ P ecreation centre ~ P tilit corridor ~ ^.. ~ P fility substation ~ ~ ~ P Page 11-1 Section 1 1 Institutional, Park, and Utility Zones 11.3 Regulations 11.3.1 .: • ~ •.- ~ ~ • Legend ~ Not applicable P2 P3 P4 P5 # Notation Elementary school - Lotarea 2 ha; Secondary school - 6 ~ ~ 1 ha ha; Other uses: 2000 m2 Elementary school - Lotfrontage 40 m; Secondary school - 60 m; ~ ~ 30 m Other uses: 30 m Front Yard and setback Exterior gm(~) 6m 10m 6m s side and Interior 1.2 m, abutting a Residential Zone -1.5 m 6 m; abutting a side and ~- for each storey or partial storey 1~1 7.5 m 15 m Residential Zone - 20 m Rear 7.5 m; abutting a Residential Zone - ard 10 m Lot covers a max g ( ) 40%; abutting a Residential Zone - ° 30 /o ~ ° 30 /o 30% Landscaped area 30°%; abutting a Residential Zone - ~ ~ 40 /° Height (max) 6 storeys up to 25 m; abutting a Residential Zone - 4 storeys up to 10.5 m 5 m 10.5 m 18 m (3) i) All new buildings and structures on the lot, including accessory buildings and structures, Other regulations including swimming pools require a 120 m separation from an EP and EP1 zone ii) Portables shall comply with all and setback re ulations Notations for Table 11 - 2 ~~~ Where there is an established building line, the front yard or exterior yard setback shall be within 2 m of the established building line. (Z) Interior side yard setback: school - 7.5 m (3) Height (max): elementary school - 3 storeys; secondary school - 4 storeys Page 11-2 Section 1 1 Institutional, Park, and Utility Zones 11.4 Exception Zones 11.4.1 .: ~ ~ ~ ~ • ~ ~ Legend Permitted Uses P Permitted Not Paren permitted t Specific Uses Specific Regulations ~ Not Zone applicabl Uses e P1-1 11.4.1 Table 11-3 Permitted Uses and Regulations - P1 Exception Zones (Reserved) 11.4.2 Table 11 - 4 Permitted Uses and Regulations - P2 Exception Zones (Reserved) 11.4.3 Table 11 - 5 Permitted Uses and Regulations - P3 Exception Zones (Reserved) 11.4.4 Table 11 - 5 Permitted Uses and Regulations - P4 Exception Zones Reserved) 11.4.5 Table 11 - 6 Permitted Uses and Regulations - P5 Exception Zones (Reserved) Page 11-3 Section 12 Open Space Zones 12. 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) (EP1) Environmental Feature Zone c) (NCA) Natural Core Area Zone d) (NLA) Natural Linkage Area Zone 12.2 Permitted Uses 12.2.1 .; ~ •• •~ • Legend P Permitted in zone EP EP1 NCA NLA Not permitted P~#~ Permitted subject to notation Bed and Breakfast ~ P 2 P 2 P Bunk house ~ ~ P ~ P ~ Home Industry ~ P 2 P 2 P Home Occupation ~ p 2 p 2. P Mobile Home ~ ~ p ~ p ~ Single detached dwelling ~ ~ P P Conservation P P P P Flood, erosion and stormwater P P P P control structures Structures and facilities associated with public conservation lands or a P P P P Farm ~ ~ P P Farm roduce stand ~ ~ P P Reforestation ~ ~ P P Riding and Boarding Stables ~ ~ P P ~~~ Only permitted as a second dwelling on the lot for persons employed on the farm c21 Only permitted in buildings, structures legally existing as of November 15, 2001 Page 12-1 Section 12 Open Space Zones 12.3 Regulations 12.3.1 ,: • •~ •~ • Legend ~ Not applicable EP and EP1i~t NC and N A(2) ~(2) Notation ..~: Lot area (min) ~ 4000 m 40 ha (max) 8000 m2 ~ Lot frontage ~ 30 m 100 m 2 Front yard ~ 6 m 3 15 m 3 Yard Exterior side setback and ~ 6 mi3i 15 mi3t Interior side and ~ 2 mi3i 15 mi3i Rear ~ ~ 10 m 3 15 m 3 Single Floor area detached ~ 120 m2 ~ dwellin Bunkhouse ~ 60 m ~ Lot coverage ~ 15% 5% Landscaped area ~ 35% 35% Height ~ 10.5 m i) one additional single detached dwelling, mobile ' home or bunk house is permitted provided it is used by persons employed on the farm having a minimum lot Other regulations area of 20 ha. ii) All new buildings or structures on the lot including new accessory buildings and structures, including swimming pools require a 120 m separation from an EP and EP1 zone. Notations for Table 12-2 ~~~ One time expansion of buildings and structures, including accessory buildings, legally existing as of November 15, 2001, to a maximum 50% of the ground floor area of the building or structure, provided that such expansion is no greater than 50 m2, and 20 m2 total for anyone or all accessory structures, provided that no expansion is within 120 m of an EP zone. (2) Farm exclusive of buildings 10 m Page 12-2 Section 12 12.4 Exception Zoi 12.4.1 Table 12 - 3 12.4.2 Table 12 - 4 12.4.3 Table 12 - 5 12.4.4 Table 12 - 6 Open Space Zones yes Permitted uses and regulations - EP Exception Zone Reserved Permitted uses and regulations - EP1 Exception Zone Reserved Permitted uses and regulations - NCA Exception Zone Reserved Permitted uses and regulations - NLA Exception Zone Reserved Page 12-3 Section 13 Agricultural Zones 13. AGRICULTURAL ZONE CATEGORY 13.1 Zones 13.1.1 The Agricultural Zone Category consists of the following zones: a) (A1) Prime Agricultural Zone b) (A2) General Agricultural Zone 13.2 Permitted Uses 13.2.1 ~~~ Only permitted as a second dwelling on the lot for persons employed on the farm Page 13-1 Section 13 Agricultural Zones 13.3 Regulations 13.3.1 .- ~ , Legend ~ Not applicable Al and A2 # Notation Lot area min 4000 m 40 ha (max) 8000 m2 ~ Lot frontage 30 m 100 m ~ Front and 6 m 15 m Yard Exterior Setback ~~~ side and 6 m 15 m Inferior side 2 m 15 m and Rear and 10 m 15 m Single Floor area detached 120 m2 ~ dwellin Bunkhouse 60 m ~ Lot covers a 15% 5% Landsca ed area 50 % 50% Hei ht 10.5 m 10.5 m i) one additional single detached dwelling, mobile home or bunk house is permitted provided it is used by persons employed on the farm having a minimum lot Other regulations area of 20 ha. ii) All new buildings and structures on the lot, including new accessory buildings and structures, including swimming pools require a 120 m separation from an EP and EP1 zone Notations for Table 12-2 ~~~ Farm exclusive of buildings 10 m Page 13-2 Section 13 Agricultural Zones 13.4 Exception Zones 13.4.1 Table 13 - 3 Permitted uses and regulations - Al Exception Zone Reserved 12.4.2 Table 13 - 4 Permitted uses and regulations - A2 Exceptions Zone Reserved Page 13-3 Section 14 Aggregate Extraction Zones 14. AGGREGATE EXTRACTION ZONE CATEGORY 14.1 Zones 14.1.1 The Aggregate Extraction Zone Category consists of the following zone: a) (AE1) Aggregate Extraction One Zone (Pit) 14.2 Permitted Uses 14.2.1 ~ ~ ~ -~ ~ ~ Legend P Permitted AE1 Not permitted P Permitted sub'ect to condition ~.. -.. Conservation P Farm P Pit P Quarry Dwellin - ~.. •.. Business or administrative ofi!ce P Concrete batchin plant -- Mineral a re ate crusher P Mineral a re ate processing P Mineral a re ate stockpile P Mineral aggregate recycling P Page 14-1 Section 14 Aggregate Extraction Zones 14.3 Regulations 14 .3.1 ,: , ~ -, ~ • Legend ~ Not applicable AE1 # Notation i) Setbacks Business or a) Front yard 30 m administrative office b) Exterior side yard 30 m c) Interior side yard 15 m d) Rear yard 15 m ii) Floor area (max) 100 sq. m. iii Hei ht max 7 m Conservation ~ i) Setbacks, Lot coverage, Height (max) Farm a see Table 13-2; Non-Residential Uses Pit i) Setbacks ~,~ Quany a) Front yard 30 m Concrete batching plant b) Exterior side yard ~ 30 m c) Interior side ard 30 m y ~Z~ Mineral aaareaate d) Rear yard 30 m c2~ crusher Mineral agareaate rocessin Mineral aggregate stcckpile Notations for Table 14 - 2 ~,~ Mineral aggregate crusher, processing or stockpile not permitted within 90 m of any abutting lot zoned Residential or within 90 m of a dwelling on adjacent lands held under distinct and separate ownership. (Z) Where interior side yard or rear yard abuts an interior side yard or rear yard of a lot also zoned AE, rear or side yard can be reduced to 15 m. 14.4 Exception Zones 14.4.1 Table 14 - 3 Permitted uses and regulations - AE Exception Zone Reserved Page 14-2 Section 17 Tourism Zones 17 . Major Recreational Zones 17.1 Permitted Uses and Regulations The provisions of this By-law apply to all Major Recreation (MR) Zones except where specified to the contrary or specified in detail. Table 17-1 Major Recreation Zones Permitted Uses Permitted Accessory Uses Regulation for Residential Use Regulation for Non-Residential Uses MR-1 Non-Residential ~~~ Restaurant N/A Restaurant - (Oshawa Ski Club) i) private club max. size 1000 ii) cultivation and sq.m. harvesting of field, fruit and vegetable cro s Non-Residential~~~ N/A All uses subject i) racetrack, Gift Shop, to min. 100 MR-2 including club Snackbar, metre setback (Mosport) house and Restaurant for all yards spectator total accessory stands buildings (max) ii) agricultural 2000 sq.m. fairground ii) music festival, concerts Notations for Table 17-1 ~~~ All new buildings and structures on the lot, including new accessory buildings and structures, including swimming pools require a 120 separation for an EP and EP1 zone. Page 1 l t MINIMUM DISTANCE SEPARATION II CALCULATION FORM Farm Name/Owner Type of Livestock/Poultry Existing Bam Capacity Livestock Units Additional Bam Capacity Livestock Units Total Bam Capacity Livestock Units Total 1 Total 2 Total 3 Total 2 ~ [ Calculation of iercentage Increase: - Total 1 -+ [ Factor A: Livestock/poultry ;o be added. Table 1 .... ~.......... . Factor g: Total number of livestock units. Table 2 .............. . Factor C: Percentage increase. Table 3 ....................... . Factor D: Type of manure system (Solid=0.7, Liquid=0.8) ....... . Building Base distance (A x B x C x D) ..................... . 1\4anure Storage Base Distance Table 4 ..................... . ] - x 100=( ]% 1 Factor A: [ ] Factor B: ( ] Factor C: ( ] Factor D: [ ] Base Distance'F': ( ] Base Distance's': [ ] MINIMUM DISTANCE BUILDING: 'F' MANURE 'S' SEPARATION Base Distance [ ] STORAGE: [ ~ SUMMARY: mares Base Distance metres Column 1 Col. 2 Col. 3 Col. 4 Coi. 5 Col. 6 Neighbouring land use or Factor Distance Actual Cistance Actual boundary "F" x Distance "S" x Distance Col. 2 (m) (m) Col. ? (m) Im) Nearest Neighbour's 1.0 Dwelling Areas zoned or 1.0 designated Aericulturall~ Related Commercial l_~r Industrial Areas zoned or ?.0 designated Residential. Institutional, Active Recreational, or Commercial. Urban Areas Nearest Side or Rear Lot 0? Line Nearest Road Allowance 0.25 (Side or Front Lot Line) ~ ~ TABLE 1: FACTOR `A' (Barn Odour Potential). and Animals per Livestock Unit (based on housing capacity). Animals per Livestock Unit Factor A BEEF 1 Beef Cowt ................ .....(ham confinement) ............ ........ 0.7 1 .. ....................... .....(bam with yard) .............. ........ 0.8 2 Beef Feeders ............... .....(barn confinement) ............ ........ G.7 2 .. ........................ ....(barn with yard) .............. ........ 0.8 CHICKEN 125 Caged Layers ............... ....(manure stored in barn) ......... ........ 1.0 125 Caged Layers ............... ....(daily manure removal) ......... ........ 0.8 125 Chicken Breeder Layers ...... ................................ ........ 0.8 200 Chicken Broilers/Roasters ..... ................................ ........ 0.65 500 Pullets (replacement layers) .... ................................ ........ 0.7 DAIR1` 1 Milking Cowt' .............. ....(tie-stall) .................... ........ 0.65 I .. .. ..................... ....(free-stall) ................... ........ 0.7 2 Dairy Heifers ............... ....(bam confinement) ............ ......... 0.7 2 .. .. ..................... ....(barn with yard) .............. ........ O.E DUCK 100 llucks .................... ................................ ........ 0.7 EMU 5 Emu ...................... ............................... ........ 0.7 FOX 40 AdultFox4 ................ ................................ ........ 1.1 GOAT 4 Adult Goats? ................ ............................... ........ 0.7 10 Feeder Goats(>20 kg) ......... ............................... ........ 0.7 HORSE 1 Horse? ..................... ............................... ........ 0.65 MINK SO Adult Minka ................ ............................... ........ 1.1 OSTRICII 3 Ostrich .................... ............................... ........ 0.7 RABBIT 40 Adult Rabbits' ............... ............................... ........ 0.8 SHEEP 4 Adrrlt Sheep? ................ .:............................. ........ 0.7 10 Feeder Lambs(>20 kg) ........ ............................... ........ 0.7 SWINE 5 So~vsBoars ................. ............................... ........ 1.0 20 Weaners(4-30 kg)5 ........... ............................... ........ 1.0 4 Feeder Hags (30-120 kg) ....... ............................... ........ 1.0 TURKEY 50 Meat Turkeys (>]0 kg) ........ ............................... ........ 0.7 75 Meat Turkeys (5-]0 kg) ....... ............................... ........ 0.7 75 Turkey Breeder Layers ........ ............................... ........ 0.8 100 MeatTurkevs(<5 kg) ......... ............................... ........ (1.7 i(l0 Puilet~ tre~lacement bree<l~rst . . ............................... ........ l). Ali:\L b White`eai ................. ............................... ........ I.U 3 Red Veal(<300 kg) ........... ............................... ....... 0.8 Notes: For all other animals/poultry use 1 livestock unit per 450 kg housed at one time (A=0.8). rlncludes calf to 150 kg. ZA dairy farm usually has milking cows, dry cows, heifers and calves. Multiply the number of milking cows by 1.5 to account for the followers when they are all kept on the same farm. 3lncludeS offspring until weaned. 4lncludes offspring to market size. SMultiply number of sows by 2.4 to determine the number of weavers. a t TABLE 2: FACTOR `B' (Final Livestock Units). Livestock Units Factor B Livestock Units Factor B Livestock Units Factor B Livestock Units Factor B 5 - 107 95 - 313 500 - 578 1600 - 821 6 - 119 100 - 318 520 - 585 1650 - 829 7 - 129 110 - 327 540 - 592 1700 - 836 8 - 138 120 - 335 560 - 598 1750 - 844 9 - 145 130 - 343 580 - 605 1800 - 851 ]0 - 152 140 - 350 600 - 611 1850 - 858 12 - 164 150 - 357 620 - 617 1900 - 865 14 - 175 160 - 366 640 - 623 1950 - 872 16 - 183 170 - 374 660 - 629 2000 - 879 18 - 191 180 - 383 680 - 635 2100 - 892 20 - 198 190 - 392 700 - 640 2200 - 905 22 - 205 200 - 400 720 - 646 2300 - 917 24 - 210 210 - 409 740 - 651 2400 - 929 26 - 216 220 - 418 760 - 656 2500 - 941 28 - 221 230 - 426 780 - 661 2600 - 952 30 _ - 225 240 - 435 800 - 666 2700 - 963 32 - 230- 250 - 444 850 -- 679 2800 - 974 34 - 234 260 - 452 900 - 69(I 2900 - 985 38 - 241 280 - 470 1000 - 713 3200 - 1015 40 - 245 290 - 478 1050 - 723 3400 - 1034 45 - 253 300 - 487 1100 - 733 3600 - lOS3 50 - 261 320 - 501 1150 - 743 3800 - 107: 60 - 275 360 - 522 1250 - 762 4200 - 1105 65 - 281 380 - 531 1300 - 771 4400 - 1121 70 - 287 400 - 540 1350 - 780 4600 - 1i36 75 - 293 420 - 548 1400 - 789 4800 - ]152 80 - 298 440 - 556 1450 - 797 5000 - 1166 85 - 304 460 - 564 1500 - 805 7500 - 1326 90 - 309 480 - 571 1550 -- 813 10000 - i45i TABLE 3: FACTOR `C' (Percentage Increase). Percentage Increase Factor C Percentage Increase Factor C Percentage Increase Factor C U-i0 - 0.70 120 - 0.86 2R0 - 1.03 ;i -- 0.72 130 - O.SB 30U - 1.04 6U - U.7 ~ I-lU - U.yU ~'_~ - l.ll 65 - 0.75 I50 - 0:91 350 - 1.06 70 - 0.76 160 - 0.92 375 - 1.07 75 - 0.77 170 - 0.94 400 - 1.08 80 - 0.78 180 - 0.95 425 - 1.09 85 - 0.79 190 - 0.96 450 - 1.10 9'0 - 0.81 200 - 0.97 500 - 1.11 95 - 0.82 220 - 0.99 550 - 1.12 100 - 0.83 240 - 1.00 650 - 1.13 1IO - 0.85 260 - 1.02 700 - 1.14 Note: For new livestock farms or if the % increase is greater than 700 per- cent, use Factor C = 1.14 TABLE 4: SITING DISTANCES FOR MANURE STORAGES (metres). Column I: Roofed or covered storages for manure, runoff, and milkhouse washwater. Includes any covered or roofed concrete, steel or earthen storages, in-bam solid manure packs, and storages under fully slatted floors. Column 2: Open solid manure pile on concrete slab. Includes the runoff storages (concrete or earthen) used for capturing seepage liquids from solid manure storage or runoff liquids from yards. If yards are scraped into runoff storage, use column 3 when runoff storage is a concrete or steel tank and column 4 when runoff storage is earthen. Milkhouse washwater may be added to runoff storage. Column 3: Open concrete or steel tanks used for storing liquid manure, milkhouse washwater, or yard runoff where yard is scraped into storage. Column 4: Open earth-sided or earth-sided storage with concrete door to be used for storing liquid manure or yard runoff when yard is scraped into storage or milkhouse washwater. MANURE STORAGE BASIC DISTANCE 'S' Column l Column 2 Column 3 Column 4 ~1inimum Base Covered Storage Open Solid Open Liquid Tank Earthen Liquid Di.~t:ur« S~stem,.nu and Runoff and Runuff and Runoff 'F' tilt the Buildin~~ Storage Storage Storage Irnt Systems (m) Systems (m) Systems (m) 40 40 55 1I9 324. 45 45 60 l23 326 50 50 65 128 328 i5 55 70 132 331 60 60 74 136 333 65 65 79 140 335 70 70 84 i44 337 75 7i 89 149 340 80 80 94 153 342 8i 85 99 157 344 90 90 104 161 346 9i 95 108 166 348 100 100 113 170 351 IOi 105 118 174 353 IIU I10 123 178 35i Ili 115 128 182 357 120 120 133 187 360 125 125 138 191 362 130 130 142 195 364 135 135 147 199 365 1-10 140 152 204 368 145 ]45 157 208 371 150 l50 l62 212 373 160 160 172 220 377 170 170 181 229 382 180 180 191 237 386 190 190 201 246 391 200 200 210 254 395 210 210 220 263 399 „0 220 230 271. 404 2_i0 230 239 280 408 240 240 249 288 413 260 260 269 305 422 280 280 288 322 430 300 300 307 339 439 320 320 327 356 448 360 360 366 389 466 380 380 385 406 475 400 400 404 423 484 420 420 424 440 492 440 440 443 457 501 480 480 482 49l 519 500 500 502 50R 528 550 550 550 550 550 MINIMUM DISTANCE SEPARATION I (MDS I) CALCULATION SHEET FOR NON-AGRICULTURAL USES ASSF:SSMF,N'1' OF THE LIVESTOCK FACILITY To calculate Livestoxk Unit., complete Step 1 based on inforntation in Table 1 below. STEP I. TOTAI, LIVESTOCK UNITS Column I TYPE OF LIVESTOCK Column 2 HOUSING CAPACITY Column 3 NUMBER OF ANIMALS PER LIVESTOCK UNIT (f rum Table 1) Column 4 NUMBER OF LIVESTOCK UNITS (Col. 2/Col.3) (A) =TOTAL LIVESTOCK UNITS (sum of Column d) (,~) If there are more than 300 livestock units, reference must be made to a full set of tables availahle from the Ontario ?\linistn~ of Agriculture, Food and Rural Affairs ` "CABLE 1. ANIMAL GROUPS A\IMAL GROUP I ANIMAL GROGI' Z A~I!14AL GROUP 3 A\IMALGROC!P '[ ANIMAL GROUP 1 Livestock C~nit equals 1 Li~eskrck L'nit equals 1 Livestock Cnit equals _ 1 Livestock l nit equals I Livestock Unit equals ?OO..Chicken Broilers 4......Adult Sheep I....Beef Cow! Yard/Bam 80.....Adult Mink' -1....Feeder Ho~zs I.....Horse° i....Bcef Co~~•!~omintmam ?....Beef Feeder YardBam ~0......Adult Fos' S....Sows/Boars IO...FeederLamta 1....DainCu~+!' 1?5....Ca~edLa~en ?Q..~~%eaner<-1-3r)k~~ IOQ..Ducks ~...Dain HeiferYar„/P,a~~, 6....1L'hite ~'c:tl iI .....Emu 40...Adult Rabbits' I 4.....Adult Gnats' 3....Red 'Deal <?001;~ lU....FeederGoats 1?S..Chicken Breeder 3.....Ostrich Lai ers 500..Pullets ?S...Turke~ Breeder 50...Turkevs I>IOke1 Layers ! Includ~•< i.rl1 t~, I X11 k~~. ' ~1ultipl~ tL~ numh~r „1 mtlkin~~ roe+. hs 1.5 u, account fnr do io~c,. hcifrr~ :utd ~:tlcc. on thr .:unr (:u m. Inilu,ir~ „f)<hrin • un!il ~c~:utcci.' Includr",ff~prnr~ u~ markrt >iz~°. Select :~nirnai Group 1 2 3 4 or i. depending on Ivpe of aninwls on farm. If there are animals from different groun~. selrrt the highest group numher. The group numher i.ti used u~hcn referrin~~ to Table ?. STE I' 2. I,ANI) BASF; ASSESSMENT (B) Number of tillablr hcctares* on site x ~ _ (B) Potential Livestock Units *Maxinnun (B) is 15(1 Livestoxk Units. S'1'EI' 3. F,ntcr thr GRI;A'hI:K OF IAI Total I.ivcstoc•k Units OR (It) Potential I_ivest<x;k Units Use Ihiti figurr to rntcr Column I of'I:rhlc '. t t STEP 4. TABLE 2. MINIMUM DISTANCE SEPARATION FROM LIVESTOCti FACILITY Read across appropriate line from Column 1 to respective Animal Group and Land Use Type. This number is the Minimum Distance Separation requirement in metres from a livestock facility. COLUMN 1 TYPE "A" LAND USE TYPE "B" LAND USE To permit: To permit: • Up to 3 rural residential lots, either by • residential subdivision consent or by plan of subdivision • active recreational • the severance of an existing dwelling • institutional • passive recreational • commercial • the building of a dwelling on • urban expansion an existing lot of record • multiple residential • agriculturally related commercial • or result in a Rural Residen[ia! Cluster • industrial Animal Group Animal Group Greater of Livestock Units(A)orPotential (!j (2) (3) (4) (5) (]- (?) (3) i4~ (5) Livestock Units (B) 1-i 39 42 48 60 Si 73 78 9G 112 160 10 55 60 68 85 98 104 113 128 160 183 IS 65 70 80 100 115 122 132 lil 188 215 20 72 78 89 ill 127 135 146 167 208 238 25 78 84 95 119 136 146 157 179 224 256 30 82 88 101 126 144 154 166 189 237 271 35 86 92 106 132 15] 161 173 198 247 283 40 89 96 110 137 157 167 180 206 257 294 45 92 99 li3 142 162 173 186 213 266 304 50 95 102 117 146 167 178 192 219 274 313 55 98 105 ;30 150 172 183 197 " ~ ~8' ~~~ 60 100 lU8 ~ 123 li4 176 188 202 231 289 33U 65 102 110 I 126 lib 180 192 207 236 295 338 70 105 113 129 ibl 18.1 196 211 241 30'_ 345 75 107 115 131 164 188 200 215 2-16 30S 352 80 109 117 134 167 191 204 219 251 313 35S 85 I11 119 136 170 19-1 207 223 255 319 36-1 90 112 121 13R 173 198 211 ( _'27 259 324 370 95 114 123 140 176 201 214 230 263 329 376 100 116 125 143 178 204 217 234 367 334 382 110 119 128 146 183 209 223 2-10 275 3-13 392 120 122 131 150 1R8 214 229 2-+G 281 35"' 402 130 125 134 154 192 219 234 Zit 288 360 -ill 140 127 137 157 196 224 239 257 294 368 420 150 130 140 160 200 228 244 262 300 375 -128 160 133 143 164 205 234 250 269 307 38-1 -139 17(1 136 1-17 164 21(I 2-10 256 275 31-? ;~a; ~~`) 1x11 139 15!1 li, '14 '4~ ,~, ,~, ;2~ _~~' 'n~~ -, , 200 146 157 179 224 256 273 294 336 ~_U 48U 210 149 160 183 229 262 279 301 34-1 -329 491 220 152 164 187 234 267 285 307 351 43y 5O1 230 Iii 167 194 239 273 291 313 358 448 ill 240 !58 171 195 244 278 297 320 365 457 i22 250 162 174 199 248 284 303 326 373 466 i3' 260 165 177 203' 253 290 309 332 380 -175 543 270 168 181 207 258 295 315 339 387 -184 >i3 280 171 184 210 263 301 321 345 -395 493 564 290 174 188 214 268 306 327 3i2 402 502 574 300 177 191 218 273 312 333 358 409 >II 584 Continue to TABLE 3 (next page). 7 0 E STEP 5 TABLE 3. ;111NIMUM DISTANCE SEPARATION FROM MANURE, STORAGE The following table is used to calculate MDS requirements in metres from manure storages associated with livestock facilities. Using the resulting MDS distance from Table 2, read across the appropriate line to Column 1, ?, 3 or 4. Select the distance under the appropriate Land Use Type. This is the MINIMUM DISTANCE SEPARATION REQUIREMENT from the manure storage of a livestock facility for the establishment of a non-farm use. ~~.. Column 1: Rooted or covered storages for manure, runoff, and milkhouse washwater. Includes any covered or roofed concrete, steel or earthen storages, '.:'. in-bam solid manure packs, and storages under fully slatted floors. Column 2: Open solid manure pile on concrete slab. Includes the runoff storages (concrete or earthen) used for capturing seepage liquids from solid manure storage or runoff liquids from yards. If yards are scraped into runoff storage, use column 3 when runoff storage is a concrete or steel tank and column 4 when runoff storage is earthen. Milkhouse washwater may be added to runoff storage. Column 3: Open concrete or steel tanks used for storing liquid manure, milkhouse washwater, or yard runoff where yard is scraped into storage. Cclun~n 4. Open earth-sided or earth-sided storage with concrete floor to be used for storing liquid manure or yard runoff when yard is scraped into storage or milkhouse washwater MANURE STORAGE DISTANCE L Distance for Column 1 Column 2 Column 3 Column 4 Livestock Covered Storage Open Solid and Open Liquid Tank Earthen Liquid and Facility from Systems (m) Runoff Storage and Runoff Storage Runoff Storage Table 2 (Step 4). Systems (m) Systems (m) Systems (m) Type "A" Type "B" Type "A" Typ..'`B" Type "A" Type "B" Type "A" Type "B" (rrt) Land 1!se Land Use Land Use Land Use Land Use Land Use Land Use Land Use 40 40 - 55 - ll9 - 324 - 45 45 - 60 - 123 - 326 - 50 50 - 65 - 127 - 328 - 55 55 - 70 - 132 -- 331 - 60 60 - 74 - 136 - 333 - 65 65 - 79 - 140 - 335 - 70 70 70 84 103 144 241 337 686 75 75 75 89 107 149 246 339 689 80 8U 80 94 112 153 250 342 691 85 85 85 99 117 157 254 344 693 90 90 90 103 122 161 258 346 695 95 95 95 108 127 165 263 348 698 100 100 100 113 132 170 267 351 700 110 110 I10 123 141 17R 275 355 704 12U 120 120 133 151 187 284 359 709 13U 130 130 142 161 195 292 364 713 140 140 140 152 171 203 301 368 717 150 150 150 162 180 212 309 373 722 160 160 160 172 190 220 318 377 726 170 170 170 181 200 229 326 382 731 180 1R0 180 191 209 237 335 386 735 190 19(1 19U 201 219 216 i43 341) 1-311 ?(1(1 yin ?(IO 1 „ I ?flll ?I(1 „u , i ?54 ;il I ;~)i ,. ! ?1~ - ~, .220 220 22U 230 248 271 368 404 753 230 230 230 239 258 280 377 4U8 757 240 240 240 249 268 288 385 413 762 260 260 260 268 287 3U5 402 421 771 280 280 280 288 307 322 419 430 780 300 300 300 307 326 339 436 439 788 320 320 320 327 346 356 453 44R 797 340 340 340 346 365 372 47U 457 806 360 360 360 366 385 .389 487 466 815 380 380 380 385 404 406 504 475 825 400 4(X) 4(X) 404 423 423 521 483 R33 450 450 450 453 472 465 563 506 855 5(X) 5(N) 5(X) 501 520 50R 605 528 R77 SSU 550 550 550 569 550 648 550 899 R PART IV ZONING SCHEDULES Clarington Zoning By-law (Draft) t t m ~e ~ '~ ~ a~J % , q "JN' •IIC~O.lIIM ~~l~~ fMC~ {NOgq:MJ MORYI% fNC~B.'-q.'1 t110M.fD.l tN01fB}IW [MOfl~i}qJ ~N0~6iq~ W'~1NOAiq~ M'f1M0~1iq~ ~ NW larl ~ ,, ~~~ ~ ~ ,,,,, ,,a,n W _. `~ - i ~ ~. ` _ ~ _ i ~ ~ _ ti W~ i ~ ~- ~ ~` ~ i~ a i ~ ~ v! ~ ~ ~~ ~~ ~ z ~ i oral ~~ fwioo n p ~.~ „ N tnwi ; R ~~~~ ~ 8' 1 A G ~ ~ e A ~` ~ /~~ ~ lna a `• '' ` tlS W ` F a t~ ~ ~ ~onn a e ... p i at ~ • ` V' QQ ~ $ e F ``, ~ i W vnnrai / -- ~ ~„~ ~ : ~f ~ . 4 t _ ~ = ;;~; ~~~ ~'" ~ 3 ~ ~ ~ ~4 GA ~ ~ ~ ~ q f ~~ '~ . l1C11 ~_ ~ ~O ~~ A' W N W i ~ ~~ t„d ,oaw. ~ ~ , 3, •. 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J ;:; ::: R•2 NLA NLA NLA NLA NLA NLA L L m Al ....._..... _ .. ..... :... . ,,.. '.. ~ Al N ~ Manvers EP Zone Clarington ~ $ ~~~~ EPl Zone Zoning By-law 2003- ~ E5 s •: • Refer To Zonin B -law 84-63 e 1:20000 g Y Draft Date: September, 2003 W E13 Lot 26 Lot 25 lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 Lot 18 AZ iii N LA Al `` >: , H ~ Manvers q.,~, EP Zone Clarington ~a EPl Zone Zoning By-law 2003- W E6 W Scale 1:20000 0 Refer To Zoning By-law 84-63 nee Dace: septembe~, 2003 E14 ~ EP Zone ~ a EP1 Zone scare 1:20000 ~ Refer To Zoning By-law 84-63 Cl~rington _E7- Zoning By-law 2003- w w nraft Here: September, 2003 E15 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9 Lot 8 Lot 10 Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 Lot 1 m ~ '.~><n<`.`~ EP Zone Clarington Manvers ~ ~$ ~~~ EPl Zone Zoning By-law 2003- w Eg x Scale l :20000 ' ~' Refer To Zoning By-law 84-63 n~as race: sepcember. 2003 E16 Lot 35 Lot 34 Lot 33 Lot 32 Lot 31 Lot 30 Lot 29 Lot 28 Lot 27 Lot 2E Al Al Al Al Al In II~~~~ Al Al °a ::E it it :> o o r, w ~ 1 LL o Z ::>~ •~ W :;: ` ~ : c~ Al Al Al d• • ~•••• • Refer To y• . :Zoning By-law: ~~~~~~ ~•~• • ;:~:~ ~84-63:~ •RO~i•:~:~ coNCe ~ Oa ~ k Rid es Moraine Limifi.•.•.•.•.•.• w.~ '' EP Zone Clarington a El o 8 g EPl Zone Zoning By law 2003- y E9 w scare 1:20000 ' ~ • Refer To Zoning By-law 84-63 Draft Date: September, coos ~ E17 Lot 27 ~` 1 Al Al ROAD .Y. :~' .~ .1 ._ •D• ~ N ROR[ Al ..:Refer .To~::~: •::g :Zoning By-law:; ~~ .• .... :~ ~ '& ~a .~ : .r ~~: :~ ~Cw'p~~ • • FW~O1• I~Y~ P2 RS1 P2 g: ~ N :,~ . n oor_in~~wi...onwn ,•~ .pJ Al Al iAl DnAA•) Al . 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NCA N : ~ Al VLA & Al a ~> :: NCA '``"#••`:.:: °~ .........:::. .... ..:. .::'°' Al ~~~~~~° I~:'• ~ NCA NLA n NLA `o .~ .Refer To:~:::~:~:~:~:~:~: . ~ :Z oning By-law~~~~:~:~::~ . c~ :84-63~ M -1 ~ ~ Al A• EP Zone Clarington E6 a ~ EPl Zone Zoning By law 2003- w E 14 w a~: ~:~~: ~ Refer To Zonin B -law 84-63 Scale 1:20000 S Y Drag Date: september, zoo3 E22 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9 lot 8 '>~:.` I.: `i :?~ :7 NCA `?. NCA ~~~~~~'~ ~ ~ N A C . '::.~' ~~~: NCA ~ : ' W :: .. o N N N C ~~~ C cg NCA ~~~~ 0 Q C J '':: J '~~ q V O 1 Q Z Z ~ Refer To' ' ~ o - . ,Z nin B l g Y ; vr• a 4 • 8-63 N A C N A Al N A C N LA .a .~ .D E .~ W .~ ~~ ... Refer T o~ a .y . Zomn B -law:~'~' g Y dd ••a N C7 C it :::84-63: • N~ .. .. ~•~•~•~'~• • :Zo • ii-~ Oak Ridges Moraine Limit~:~ • NCA • • • ::. R 1-1 S :: LA MR-1 N a L 9 • . IFASKA AD}'.'.'.'.'.'. A2 NCA: •••••• :~RfrT ~~ mn B -law ~Zo g Y Al ~~8 63~.:.;.:. 4- ~~ EP Zone Clarington E' EPl Zone Zoning By-law 2003- w E 15 w a Refer To Zonin B -law 84-63 Scale 1:20000 g Y nras nste: september, Zoos E23 Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 Lot 1 L '``1 NCA NCA N 1 :~ :~ ... imit~ Al AE .u .:Refer To:;';';.~ Zoning By-law:' ~:84-63: ....... ;~a Al ~~ - -- '~. 'C. .~ •t:~ ~D I : •Refer •To 'Zoning By-law •: • : ::84-63: :Oak Ridges:•: :'Moraine Limit :~ :~ H ... E8 w ~~~~~:~><' EP Zone Clarington ,~ a a ~'~': EPl Zone Zoning By-law 2003- w E 16 x s ..' 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Refer To ` :Zoning By-law•:~:~~~ Al ' ~: 54-63 Al :Refer To~:•••••• :Zoning By_law:• ~? :~84-63~:•:•:::::•: . :Oak Ridges Moraine Limit::~ i •.~i~ F /`f1~W`000KIIJ DAA~~•••••••••~•••:••••••••••• :o .~ Y• :~ .~ .~ .~ .'.Ffi~i ~teoiiau.dFi~h kJ'.'.'. 1. ~: ........ ........ ............. .... ................. ,[ .G .$ Al ``: Al Al Al b Al ................ .C~ .0 .~ : ' :' : ' : ' :' : tnANCt~sioN gOAb~ Al ~... .~CC .'C .~ ]R .'F H 'A .'~ Al ~f L'.1. t t ~~ EP Zone Clarington E14 ~' EPl Zone Zoning By law 2003- w E22 w s Refer To Zonin B law 84-63 Scale 1:20000 ~ g y- Drag Date: September, 2003 E30 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9 Lot 8 NCA RS1-1 MR-1 N A ~. ~::>:.. .G~: 4R ~:: A2 CA ~:R of r T e o~ .. .. A :~Zonln B -1 w~ a g Y ... A 1 4- :8 6 3:' ~:~ .~: s• ~~ Vl a N A C ';ti 'iti 4 Q A 1 Z Z A 1 A 1 0 E C E 7)6• NLA Al NLA Al NLA Al Al NLA NLA NLA Al :~ .a .Q b • .a .Q . z u~ Al .s 0 . N °~~~~~ c~ :::::Refer To~ ~:::~:~:•:~:~:~:~~~::Oak, Ridges Moraine Limit::: ~• ~~~~~ :Zoning Bx-law~:~• ~84-63~.~. . Al ~~ ORDS ' ' CONCESSION D'S'. ~ • O O .. .. H E15 w ?:: EP Zone Clarington N a •~`:': EPl Zone Zonin B -law 2003- w E23 "w s Q Refer To Zoning By-law 84-63 g y Scale 1:20000 Draft Date: September, 2003 E31