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
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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
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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
~'~
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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".
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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:
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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.
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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.
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Proposed Amendment No. 33
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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.
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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
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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.
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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
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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."
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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.
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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".
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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;
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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
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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.
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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.
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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;
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Proposed Amendment No. 33
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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
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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."
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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
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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
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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
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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
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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
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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
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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" .
(`) Denotes a duplicate policies approved through Amendment #33
21
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1
Zoning By-law
Municipality of Clarington
Draft
For The Oak Ridges Moraine
September 22, 2003
Planning Services Department
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PART I
SCOPE AND INTERPRETATION
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Clarington Zoning By-law (Draft)
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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Page 3-17
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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.
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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.
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• Drive-Thru Restaurant
A restaurant with adrive-thru.
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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.
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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
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z
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Gr.
1
MINIMUM
STREET /PRIVATE ROAD EXTERIOR
SIDE YARD
EXTERIOR SIDE LOT LINE SETBACK
~ i W
w ~ ~ z
--- --------- a
a H
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O
MINIMUM BUILDING
MINIMUM ~
..7
a REAR YARD ENVELOPE FRONT YARD
d SETBACK SETBACK p
w
O4 --------i
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~ ~
INTERIOR SIDE LOT LINE MINIMUM
INTERIOR
SIDE YARD
SETBACK
O
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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
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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
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PART III
ZONE CATEGORIES
,,, Clarington Zoning By-law (Draft)
t
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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
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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
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.:
' • 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
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~ ~ ~.
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
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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
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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
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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
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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
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