HomeMy WebLinkAboutPSD-042-15 Cla rft wn :
Planning Services
Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: September 14, 2015
Report Number: PSD-042-15 Resolution Number: �
File Number: ZBA2015-0004 By-law Number:
\ m �
Report Subject: Public Meeting Report for a General Amendment to Zoning By-law
84-63
Recommendations:
1. That Report PSD-042-15 be received;
2. That the Zoning By-law Amendment contained in Attachment 3 of Report PSD-042-15 be
approved;
3. That the Durham Regional Planning and Economic Development Department be forwarded
a copy of Report PSD-042-15 and Council's decision; and
4. That all interested parties listed in Report PSD-042-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-042-15 Page 2
Report Overview
The Planning Services Department is proposing a General Amendment to Zoning By-law 84-
63. The proposed General Amendment intends to:
- Clarify a number of Definitions and General Provisions.
- Provide revisions for consistency with the Kennel Licensing By-law 2013-025.
- Introduce General Provisions for Special Events, Refreshment Vehicles, Visitor
Parking for multiple residential unit developments, 0.3 metre reserves, Temporary Sales
Offices and Model Homes.
- Restrict the establishment of residential units within storefronts in the "General
Commercial (C1) Zone.
- Permit pet care as a home occupation.
- Delete some of the provisions regarding the removal of the holding symbol.
1 . Background
1.1 On June 22, 2015 Staff introduced the proposed general amendments to Zoning By-law
84-63 contained in Attachment 1 through report PSD-037-15. The purpose of these
amendments is to address consistency with recently adopted amendments to the Kennel
Licensing By-law 2013-025, Refreshment Vehicle By-law 2015-016 and Special Event
By-law 2014-020. In addition, a number of amendments are proposed to provide greater
clarity and consistency to the interpretation of certain zone provisions and regulations.
The proposed amendments are described in Attachment 1.
1.2 During the review of the proposed general amendments, and following the June public
meeting, staff identified 3 additional amendments that are proposed in Attachment 2. The
additional amendments are subject to this second public meeting and will:
• Restrict residential units within storefronts in the core commercial areas of
downtown Bowmanville, Courtice, Newcastle, and Orono;
• Permit pet care as a home occupation; and
• Delete some of the provisions for the removal of a holding symbol.
2. Public Notice and Submissions
Notice of the public meeting for the proposed amendments contained in Attachment 1
and 2 were provided in accordance with the provisions of the Planning Act and the
Municipality of Clarington Official Plan. Notice for the proposed amendments contained
in Attachment 1 was placed in the Clarington This Week and the Orono Times on June 3
to 23, 2015. Notice for the proposed amendments contained in Attachment 2 was placed
in the Clarington This Week and the Orono Times on August 19, 2015 to September 9,
2015.
Municipality of Clarington
Report PSD-042-15 Page 3
3. Public Submissions
3.1 Five general inquiries were received requesting further clarification. Three Kennel
owners contacted Staff to express concern that people operating Dog Daycares were not
subject to the same requirements as Kennels under the Kennel Licensing By-law 2013-
025. One of the Kennel owners reiterated his concerns at the Public Meeting on June 22,
2015. Two Kennel owners expressed that they felt that Dog Daycares were caring for
more than 3 dogs at a time. Staff did advise the Kennel Owners to contact Animal
Services if they wished to lodge formal complaints. One Kennel owner suggested that
Dog Daycares should be formalized in the Zoning By-law and all felt that they should be
subject to the same licensing requirements as Kennels.
3.2 A letter of objection was received from Clark Consulting Services on behalf of Deborah
Mathias in regards to the proposed provisions for Special Events (Attachment 1, Item 54).
The major concern is limiting the potential for agri-tourism in the rural area. It was
requested that the Agricultural Zone be included in the proposed Special Events
provisions. The letter discusses policy Section 13.4.2 in the proposed Official Plan which
encourages on-farm diversified uses consistent with the Provincial Policy Statement
which encourages the promotion of recreation, tourism and other economic opportunities
in rural areas.
Ms. Mathias also spoke at the public meeting to reiterate the concerns in the letter and to
state that she was concerned the proposed Special Events provisions may disqualify a
proposed agri-tourism use she was preparing a zoning amendment application for.
3.3 An enquiry was received respecting the change to the Holding provision and whether this
would change environmental considerations related to removal of an `H' prefix.
4. Agency Comments
4.1 Regional Municipality of Durham
The Region of Durham sought clarification for the definition of Site Alteration (Attachment
1, Item 37). Inconsistencies were noted with the proposed definition and the one that is
provided in the Region of Durham Official Plan. The definition was modified for
consistency with the exception to items that pertain to the Oak Ridges Moraine, as
Zoning By-law 84-63 applies to lands outside of that feature. Modifications are
highlighted in Attachment 1.
The Durham Region Health Department had requested a provision be added to the
Special Events provisions (Attachment 1, Item 54) that requires the organizer or vendor
to obtain approval from Durham Region Health Department prior to an event. Staff
discussed this request and determined it was not necessary as municipal staff and the
Clarington website direct individuals to contact Durham Region Health Department to
determine if additional approvals are necessary. Approvals would only be required if food
and/or personal service vendors were operating as part of a Special Event. Durham
Region Health Department approval is also a requirement of the Special Events Permit
process for events that will have a minimum of 500 attendees at a given time.
Municipality of Clarington
Report PSD-042-15 Page 4
The Durham Region Health Department also requested a provision to be added to the
regulations for Refreshment Vehicles and Carts requiring inspections before the start of
operation (Attachment 1, Item 55). This request was discussed with Staff from the
Durham Region Health Department and it was determined that it was not necessary as
their requirement is secured for in the Refreshment Vehicle Licensing and Permitting
processes.
5. Departmental Comments
5.1 The proposed amendments contained in Attachment 1 were circulated to the Engineering
Services Department, Building Services, and Clerks Department for review. Staff
provided insight in refining many of the proposed amendments. Changes that have been
made to address Staff comments and those from the Region of Durham noted in Section
4.1 are highlighted in Attachment 1.
6. Discussion
6.1 Clarification Amendments
As the Zoning By-law is used by staff, developers and property owners, we become
aware that certain provisions and regulations may be misinterpreted, or are difficult to
understand. Clarification of the wording of various definitions and provisions are
proposed. The format of the regulations for Accessory Structures is also proposed to be
revised to a table format which is consistent with the Oak Ridges Moraine Zoning By-law
2005-109 and has proven to be simpler to understand. Many definitions which have been
provided within site specific Zoning Regulations are proposed to be relocated to the more
appropriate Definition Section of the By-law to avoid duplication. Diagrams used to
illustrate defined terms in the Oak Ridges Moraine Zoning By-law 2005-109 are also
proposed to be added.
A number of revisions have been made based on Staff comments and additional review
which are highlighted in Attachment 1. While most changes are minor in nature, 2 of the
proposed changes are notable. Item 1 which discusses changes to the definition of
"Apartment" indicated that reference to "senior citizens" would be deleted as we cannot
regulate who lives in an apartment building. Through our review it was determined that
the definition of"Senior Citizens' Apartment Building" and reference to it within site
specific exception zones should also be removed from the Zoning By-law. This item is
further described in item 36 of Attachment 1. Removal of "Senior Citizens' Apartment
Building" meets the intention of the discussion in item 1, Attachment 1 which was
provided in the previous public meeting report PSD-037-15.
Another change is to the definition of "Lot Frontage". Staff had proposed a simplified
definition that was based on a proposed "Lot Centreline" definition (see item 31,
Attachment 1). The definition was further tested and determined that it would not be
feasible for calculating the lot frontage on some irregularly shaped lots. A definition
consistent with the definition contained in Zoning By-law 2009-105 for the Oak Ridges
Moraine is now proposed, including a diagram which depicts how the definition is
interpreted.
Municipality of Clarington
Report PSD-042-15 Page 5
6.2 Kennels & Pet Care
The definition of Kennel is proposed to be revised for consistency with the Kennel By-law
2013-025. The definition of Private Kennel is proposed to be deleted. The permitted
uses in all zones have been examined to determine which sections require the removal of
the Private Kennel use as it is now redundant since the Responsible Pet Owners By-law
2013-024 adequately regulates the number of pets residents are permitted to have.
Commercial Kennel will also be replaced with a new Kennel definition that is consistent
with the Kennel By-law.
One of the new additional amendments proposed in Attachment 2 (item 2) is the addition
of Pet Home Care as a Home Occupation. Pet Home Care will allow people to care for,
groom, and train household pets as a home occupation for not more than 24 consecutive
hours at a time. The Pet Home Care will only be permitted to accommodate a maximum
of 3 dogs, including the owner's dogs. This is consistent with the Kennel Licensing By-
law 2013-025. If a resident wishes to operate a Dog Daycare that accommodates more
than 3 dogs at a time, they will need to be appropriately zoned for the use of a Kennel
and meet the requirements of the Kennel Licensing By-law. This should address the
concerns noted by the Kennel Owners discussed in Section 3.1.
6.3 Special Events
A General Provision is proposed to establish the regulations for permitting a special
events use. The definition of a special event needs to be updated for consistency with the
Special Events on Private Property By-law 2014-020. Removal of details specific to the
temporary use that is no longer relevant also needs to be considered. The special events
definition should be modified to include private special occasion celebrations to recognize
weddings, birthdays, anniversaries, etc. so that there are no conflicts when providing
Planning Services review of Building Permits and Licenses for compliance to the Zoning
By-law.
The intent of this proposed provision will allow for public special events to occur where
they are traditionally held such as schools, and churches; or on sites that would be
designed to accommodate larger groups of people (eg. Shopping plazas). The proposed
regulations will also allow non-profit organizations to host special events on all lands with
the exception of Environmental Protection Areas. Special events will be limited to a total
of 7 days in a calendar year and will not allow for Site Alteration. If a land use is
proposed that is an ongoing land use, it would not be considered a Special Event.
In regards to Ms. Mathias concerns noted in Section 3.2, the Planning Services
Department has recognized the need to provide on-farm diversified uses in keeping with
the Provincial Policy Statement through the inclusion of policies in the proposed Official
Plan. Once the Proposed Official Plan is approved, the Municipality will need to
implement further provisions within the Zoning By-law. Although a use may be permitted
in the Official Plan, given the nature of the use, it is possible that it may only be permitted
by site specific zoning. It will need to be determined which on-farm diversified uses can
be permitted, as a right, while providing protection of agricultural uses and our prime
Municipality of Clarington
Report PSD-042-15 Page 6
agricultural lands. It would be premature to include regulations in the Zoning By-law
ahead of the adoption of the proposed Official Plan.
Ms. Mathias did submit a rezoning application on August 7, 2015 which proposes a type
of agri-tourism, which includes meat preparation and sales, and events such as
weddings. It is expected that the proposed business would operate for profit for more
than 7 days in a calendar year. The proposed Special Events provisions would not
exclude consideration of Ms. Mathias proposal as it is likely the proposed uses would be
treated as a site specific exception within the Zoning By-law provided she receives
approvals.
6.4 Refreshment Vehicles
The definitions from the Refreshment Vehicle By-law 2015-016 will be added to Section 2
with modification to specify that food and beverages are offered for sale.
A list of licensed Refreshment Vehicles was provided by the Clerks Department. The
locations were reviewed to determine appropriate locations to permit the use as of right.
It is proposed to add stationary refreshment vehicles as a permitted use to the following
zone categories: Hamlet Commercial (C3), Special Purpose Commercial (C4), Service
Station Commercial (C6). It is proposed to recognize existing stationary refreshment
vehicles located in other zone categories.
The General Provisions will also restrict the location of refreshment vehicles to a parking
area.
It is assumed that refreshment carts will operate on municipal boulevards which are not
subject to the Zoning By-law, A General Provision is proposed which would permit
mobile refreshment vehicles and refreshment carts to operate in association with a
special event.
6.5 Visitor Parking
There are currently no provisions for visitor parking for multi-dwelling residential, such as
apartments and block townhouse developments or mixed-use buildings. Through the
Site Plan approval process, Planning Services staff have requested an additional 0.25
parking spaces per unit for visitor parking for such developments for a number of years.
This request has been accommodated by the development community, however it should
be included in the Zoning By-law.
6.6 0.3 Metre Reserves
Typically a 0.3 metre reserve is established along the side lot line of a lot abutting an
arterial or collector road allowance to restrict access to the public street in the case of a
corner lot. Having a block of land between a lot and the public street has resulted in
incorrect interpretations that a corner lot does not require an exterior side yard setback.
A regulation is proposed to clarify that where a 0.3 metre reserve is used, it does not
eliminate the need for an exterior side yard.
Municipality of Clarington
Report PSD-042-15 Page 7
6.7 Temporary Sales Office and Model Homes
Section 3.24 a. of Zoning By-law 84-63 which speaks to construction trailers has been
interpreted as permitting a sales trailer for new home sales within a plan of subdivision.
This section does not regulate model homes, parking, timeframe, or the need for
agreements to be in place. A new section is proposed to be added to regulate this use,
consistent with the Oak Ridges Moraine Zoning By-law provisions.
6.8 Dwelling Units in Storefronts
The ability to convert storefronts into dwelling units was brought to Staff's attention during
the review of the proposed Zoning By-law amendments. The details for this issue can be
reviewed in Attachment 2, item 1. Currently the Zoning By-law would permit dwelling
units to be established in any building that contains a permitted non-residential use within
the "General Commercial (Cl) Zone" with no direction as to the location within the
building. This zone and special exceptions that reference the permitted uses are applied
to the core areas of downtown Bowmanville, Courtice, Newcastle and Orono. In order to
retain and encourage commercial store front uses, which are traditional in these areas, a
regulation is proposed to prevent residential uses from occupying the street facing portion
of the ground floor of a building. Residential uses will still be permitted in association with
other non-residential uses, but if on the ground floor they will be restricted to the rear
portion.
6.9 Holding Zone
Section 3.11 of Zoning By-law 84-63 identifies what uses are permitted on properties
where the zoning is preceded by the letter 'H'. This section also indicates when a (H)
Holding Symbol may be removed. There are policies in Section 23.4.3 of the Official Plan
dealing with the removal of the letter `H' from a zone which are more fulsome than the
regulations in the Zoning By-law. This section of the Zoning By-law should only detail
what uses are permitted while the (H) Holding Symbol is applied and should not detail
specifics as to how to remove the symbol as there could be various reasons for
application of a (H) Holding Symbol which is typically based on the characteristics of a
specific site. The proposed provisions contained in Attachment 2, item 3 are consistent in
format to what is provided within Zoning By-law 2005-109 are being revised to bring
Zoning By-law 84-63 into conformity with the Official Plan.
7. Concurrence
Not Applicable
8. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the proposed General Amendment to Zoning By-law 84-63 be adopted.
9. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan to continue
with improvements to streamline development approvals.
Municipality of Clarington
Report PSD-042-15 Page 8
� y u� , -
Submitted by: Reviewed by
Davi rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Tracey Webster, Senior Planner, 905-623-3379 ext. 2415 or
twebster(@clarington.net
Attachments:
Attachment 1 — Proposed Zoning By-law Changes from June 22, 2015 Public Meeting with
revisions (under separate cover)
Attachment 2 —Additional Proposed Zoning By-law Changes subject of public Meeting
September 14, 2015 (under separate cover)
Attachment 3 — Zoning By-law Amendment
The following is a list of the interested parties to be notified on Council's decision:
Sandra Kranc, City of Oshawa Ronald Moore
Christopher Harris, Township of Scugog Laura Norton-Stephens
Judy Currins, City of Kawartha lakes Jean-Marc and Junivan Theriault
Sue Bernardi, Town of Port Hope Liz White
Ahmen Duale Wolf Klose
Grzegorz Januszyk John Palmer
George McNamb Tim Tuft
Otello Molinaro Mike Newey
John Hoekstra Michael Clay
Daryl Bottema-Adkins Ari Rotman
Sharon Bairgrie Sarkis and Micheline Amidi
Victor Hanc Jr. Cathy Ivany
Victor Hanc Sr. Superdog Central Inc.
Steve Neal Kathy Blundell
Tony Oppedisano Catherine Bolahood
Linda Van Gester Charity Agadzi
Delaine Harrison Bob Clark
Mario Polanco Cano Deborah Mathius
Helen White Kevin Byrne
Steven Haines Kelly Fox
Brent and Coleen Monk Deb Clark
Sarah Amaral Jan Burton
Georgia Zois Carol Ann Samms
Angie Scott Joshua Wall
Tom Seton Cliff Curtis
Andrew Tedford
Joan Loudfoot CP/TW/df
Marmatakis Marinos
Douglas and Denise Wilkins
Mary and Samuel Guest
Russell Maxwell
Attachment 1 to
Municipality of Clarington Report PSD-042-15
Proposed Zoning By-law Amendments
Item Zone Provision Issue _ Proposed Solution Proposed Modification (in bold) & Proposed Deletion (stroke- E )
1. Amend definition of The Development Charge By-law Revise the definition for APARTMENT BUILDING
APARTMENT states that an apartment contains consistency with the Shall mean a separate building containing thr 4 or more dwellings which have a common entrance
BUILDING 4 or more dwelling units. Development Charge By-law. from street level and the occupants of which have equal rights to the use of all common halls, aver
stairs, and/e elevators, and/e yards, and amenity areas. This definition may innlu de a denier nitizens
The definition refers to a senior
citizens apartment building. We Delete the reference to a senior
cannot regulate who lives in a citizens apartment building.
building.
2. Amend definition of The definition states that it is a Replace the word dwelling with BOARDING OR ROOMING HOUSE
BOARDING OR dwelling, where a BOARDING OR the word building. Reference Shall mean a dwelling building in which more than 2 and less than 6 bedrooms intended for use as
ROOMING HOUSE ROOMING house typically j rooms rather than persons. separate living accommodations, without kitchen facilities, are rented. Shared bathroom, kitchen
contains more than one self- and living facilities may be provided. The building may include a dwelling unit for the proprietor
contained unit. Rather than and/or his agent ,
restricting the number of residents, With ReGGssaFy fLJFRishiRg6 in return foF menetaFy GeMpensatien,
the definition should restrict the ,
number of rooms. ,
similar nemmernial er institutienal use defined er nlassified heroin
Section 14.1 a. v) refers to a Replace the term "Boarding Section 14.1 a.
"Boarding House" rather than a House" with the term "Boarding or v) A BeaFding heuse boarding or rooming house; and
"Boarding or Rooming House". Rooming House".
The Parking Space Requirement Replace the term "Boarding and Parking Space Requirement Table
Table refers to a "Boarding and Lodging House" with the term Residential
Lodging House" rather than "Boarding or Rooming House". (ii) Boarding or Lodging House One parking space for each dwelling unit plus one space per
"Boarding or Rooming House". A guest room provided for separate living accommodation.
resident of a Boarding or Rooming
House should not be referred to as
a guest.
3. Add definition for a There are 2 similar definitions Remove the definitions from the CLUB HOUSE FACILITY
CLUB HOUSE within exception zones. exception zones and provide a Shall mean a facility accessory to a golf course, golf driving range, or aR indeor golf driving raRge,
or a
FACILITY common definition within Section private club which may include uses such as a gel�pro-shop, eating establishment snack bar, banquet
Other uses also have club houses
(e.g. golf course, gun club) 2 facility and alounge/recreation area.
Add private club. Delete the definition of CLUB HOUSE FACILITY from Section 6.4.25 a. and 6.4.83 a. iii)
4. Add a definition of a There is a common definition of a Add the CONVENTION CENTRE CONVENTION CENTRE
CONVENTION CONVENTION CENTRE in definition to section 2; remove the Shall mean an establishment having facilities for meetings, seminars, exhibitions, workshops, and
other
CENTRE Section 23A.1 and 23E.1. This definition of a CONVENTION similar activities to serve participants but does not include sleeping accommodations.
definition needs to be relocated to CENTRE from sections 23A.1 Delete the definition of CONVENTION CENTRE from Section 23A.1 and 23E.1
Section 2. Properties zoned C5 and 23E.1; and add the use of a
(Holiday Inn) and C5-14 (Rona convention centre to section 18.1 Add the following sections
site on Baseline) have been b. and section 20.4.14c. 19.1 b. xix) A convention centre.
contemplated to permit a 20.4.14 c. xxx) A convention centre.
Convention Centre. This use had
been interpreted as an assembly
hall.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting Pagel
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification in bold) & Proposed Deletion (strik„_4hrough)
5. Add definitions for These definitions will enable Add a definitions to Section 2 CONDOMINIUM
CONDOMINIUM, Section 3.9 to be revised to Shall mean a building or grouping of buildings in which units are held in private ownership and floor space,
COMMON include a provision allowing for facilities and/or outdoor areas used in common are owned, administered and maintained by a corporation
ELEMENT dwellings to have frontage on a created pursuant to the provisions of the appropriate statute.
CONDOMINIUM, and common element roadway which CONDOMINIUM, COMMON ELEMENT
COMMON has access to a public roadway
ELEMENT Shall mean spaces and features owned in common by all shareholders in a condominium and may include
ROADWAY common element roadways, walkways, sidewalks, parking and amenity areas.
CONDOMINIUM, COMMON ELEMENT ROADWAY
Shall mean a right-of way for vehicular access that is privately maintained by a corporation created
_ _ j pursuant to the provisions of the appropriate statute.
F 6 Add definition of a The definition of a Relocate the definition from CREMATORIUM
CREMATORIUM CREMATORIUM should be Section 6.4.64 Shall mean a building or structure fitted with appliances for the purpose of cremating human remains
located within Section 2 under the Funeral, Burial and Cremation Services Act, as amended. Ancillary uses may include a chapel
or other operational functions related to a cemetery.
The reference to the Cemeteries Reference the Funeral, Burial and Delete the definition of CREMATORIUM from Section 6.4.64 a. i)
Act needs to be removed as it was Cremation Services Act, the
repealed in 2012 and consolidated definition will be consistent with
with the Funeral, Burial and the one provided in the act.
Cremation Services Act.
7. Add definition of a ! The definition of a Drive-Through The definition used in the M01,
Drive-Through Facility should be located within M02 and MP1 zones is the Shall meaR the use of land, buildings or struGtures, or paFt thereef, to provide or dispense
produGtS OF
Facility Section 2. clearest definition.
romninin'`v in motor �iohinloo Inno4orl in � c4�r+Linn I�no '
There are multiple definitions within The definitions in the C1-3, C1-12, � i� �ed On a sta ki ,y !a
exception zones. C1-25, C1-30, C1-33, C1-34, Cl- The definition of "Drive-Through Facility" was added to Section 2 by By-law 2015-008
40, C149, C1-54, C1-32, C2-9
C1-56, C5-14, C6-12, C-8, C-9 will Delete the definition of Drive-Through Facility from Sections 23A.1, 2313.1 and 23E.1
remain and examined through the
Comprehensive review.
8. Amend definitions of Need to distinguish difference Any wording to the definitions to DWELLING
"DWELLING", between apartment-in-house and clarify these dwelling types were Shall mean two (2) or more habitable rooms, designed or intended for use by one household
family, in
"DWELLING, a duplex or semi-detached constructed. Unlike the apartment which sanitary facilities and one kitchen are provided for the exclusive use of the household
family, in
DUPLEX" dwelling. We want to track in house definition which which a heating system is provided, and, which has a private entrance from outside the building or
from a
and "DWELLING, apartments-in-houses to ensure references a conversion. common hallway or stairway inside the building. For the purposes of this By-law a dwelling does
not
SEMI-DETACHED" the fire and building safety of include a tent, trailer, mobile home, or a room or group of rooms in a boarding or rooming house, a hotel,
to exclude an existing apartments-in-houses. motel, motor hotel or camping establishment. For the purpose of this definition, dwelling shall also mean
Apartment-in-house. dwelling unit
Section 35 of the Planning Act
prevents municipalities from
distinguishing between people
who are related and people who
are unrelated
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 2
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution _ Proposed Modification (in bold) & Proposed Deletion (6tFA ke4hFG"h)
Delete reference to the word DWELLING DUPLEX
family Shall mean the whole of a building that constructed with is divided vertically or horizontally dividing
walls creating 449 two separate dwellings, each of which has an independent entrance either directly
from the outside or through a common vestibule.
DWELLING, SEMI-DETACHED
Shall mean a building constructed to be separated vertically into two separate dwelling units, connected
by a common wall above gfeund orand below ground GenReGted undergFOURd by footing and fouRd ,
each of which has an independent entrance directly from the outside of the building and each of which is
located on a separate lot.
For the purpose of interpretation, this definition shall not be annlioahlo to But does not include a dwelling
_ unit to be erected_next_t_o or added onto_ an_existing sip l fam+l -detached dwelling � thin the p� ",no
9. Add a definition for There is a definition of a semi- DWELLING, LINKED
DWELLING, LINKED detached dwelling in Section Add a definition for DWELLING, Shall mean a building constructed to be separated vertically into two separate dwelling
units, connected
LINKED to Section 2 and modify
12.4.31 which is describing a link underground by footing and foundation and does not share a common wall above ground each of
section 12.4.31 to rename the
dwelling. This definition is to be permitted use to linked dwelling which has an independent entrance directly from the outside of the building and each of which
is located
relocated to Section 2 and and remove the definition from on a separate lot.
renamed DWELLING, LINKED. the section.
12.4.31 URBAN RESIDENTIAL EXCEPTION (R1-31) ZONE
Notwithstanding Section 12.1, only aserni-aceaT linked dwelling may be permitted on those lands
zoned R1-31 on the Schedules to this By-law. The placement of buildings and structures shall be subject
to the zone regulations as set out in Section 12.2. For the purposes of this y.e v ision a semi_detanhed
,
outside of the building., and! eaoh of whioh is Iodated on a eparate lot
10. Add a definition for Section 3.16 Parking Space There are two definitions of DWELLING,INN, STAG - HOUSE
- -
z�n
DWELLING, Requirement Table is proposed to stacked townhouses within Shall meaR GRe of a group of three eF more attached dwelliRg units whiGh aFe separated veFtiGally
and/e
STACKED be revised to add a requirement multiple exception zones. It is .
TOWNHOUSE for visitors parking for multiple unit proposed to utilize the most
residential developments. The common definition for Section 2 The definition of "Dwelling, Stacked Townhouse" was added to Section 2 by By-law 2015-030.
table will need to reference a and then delete it from the
definition. Currently there are exception zones. The statement Delete the definition of "Dwelling, Stacked Townhouse" from sections 14.6.25 a. i), 14.6.26 a. i), 14.6.31
definitions of stacked townhouses that stacked townhouses "front on a. i), 14.6.35 a., 14.6.41 a. i), 14.6.42 a. i).
within exception zones either a public or private street" is
proposed to be removed as it
could reduce flexibility for design.
There are examples of stacked
townhouses that front onto
parkland, open space and
parking areas designed in
combination with other built forms
i (e.g. Apartments)
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 3
i
Proposed Zoning By-law Amendments
Item j Zone Provision Issue Proposed Solution Proposed Modification in bold) & Proposed Deletions# +I 14)
11. Amend the definition Simplify the definitions j Utilize the definition of `restaurant' EATING ESTABLISHMENT
of EATING from Zoning By-law 2005-109. Shall FneaR a building E)F part ef a building V.fhere feed is offered for sale eF seld te the publiG feF immediate
ESTABLISHMENT. The term `eating establishment' ,
should be updated to `restaurant' ,; but dees net
Amend the definition when the Zoning By-law is
of EATING reviewed comprehensively. The Shall mean an establishment where prepared food and beverages are offered for sale to customers.
ESTABLISHMENT, current term is cross referenced
TAKE-OUT to EATING ESTABLISHMENT, TAKE-OUT
reference EATING in multiple sections and other Shall mean an eating establishment where tables and/or counters for the
Refreshment vehicle By-law)
ESTABLISHMENT municipal by-laws e.g. use of customers are not provided.
_
12. Definition of There is a common definition of an Relocate the common definition ENERGY INDUSTRY
ENERGY INDUSTRY ENERGY INDUSTRY in the M02, of an ENERGY INDUSTRY from Shall mean an establishment that have as focuses on the development, commercialization and/or
ML1 and ML2 zones. Sections 2313.1, 23C.1 and 23D.1 demonstration of energy products and services,.This may 'Includinge assembly, manufacturing,
and delete the definition from fabricating or processing activities that are not offensive or not likely to be °ffeR i"° by reason of the
The phrase "or not likely to be I each section. Simplify the amount of noise, smoke, odour, emissions, or vibration produced, thter, but exGlydes A but not
offensive" would be difficult to wording of the definition. including a recycling facility, material sorting or dismantling, a waste management or processing facility,
regulate. or a waste incineration facility .
are ev�.l��rlr�rl
Delete the definition of ENERGY INDUSTRY from Sections 238.1, 23C.1 and 23D.1
13. Definition of There is a common definition of an Relocate the common definition ENERGY- RELATED
ENERGY-RELATED ENERGY-RELATED in the M02, I of an ENERGY-RELATED from Shall mean a use within a building, or structure that is directly involved in the administration,
ML1 and ML2 zones. Sections 23B.1, 23C.1 and 23D.1 distribution, research and development, testing, or production of energy and energy related
and delete the definition from products.
_each section.
14. Add a figure for For clarity a figure will help depict I Add a figure based on what is FIGURE 1
ESTABLISHED the definition. provided in the Oak Ridges DETERMINING ESTABLISHED BUILDING LINE
BUILIDING LINE, Moraine Zoning By-law 2005-109 STREET/PRIVATE ROAD
RESIDENTIAL, AVERAGE SETBACK
COMMERCIAL AND
INDUSTRIAL
ZONES -- -- REQUIRED
___-- __-- FRONT
C -- --
W YARD �
E. SETBACK
p,
W ESTABLISHED/EXISTING FW
BUILDINGS fy
F
� I i
15. Add definition of an This is a term referred to in Add definition to Section 2. ESTABLISHMENT
ESTABLISHMENT multiple locations within the by- Utilize the definition from Zoning Shall mean A a building, structure and/or area of land within or on which any activity
referred to in this By-
law. By-law 2005-109. law is conducted.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 4
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-through)
16. Definition of FAMILY Section 35 of the Planning Act The definition of family is r.^, "ALT
prevents municipalities from proposed to be deleted. ,
distinguishing between people legal ,
living together as a SiRgle
who are related and people who The following terms are to ,�Gase home,
are unrelated replaced as follows: puFpese ef this by law, the defi.n.itien ef family shall Ret
• "Single family dwelling" to ;n^Iude gFeup h°m as defined h er ein
"single detached dwelling"
• "Single family detached Replace the word "family" with "detached" in sections 5.2.5, 6.4.15, 6.4.27, 6.4.35, 12.4.27, 12.4.37,
dwelling" to "single detached 13.4.17
dwelling" Replace the word "family" with "household" in Sections 6.1 a. iii), 6.4.1 a iii), and 12.4.26.
Replace the word "family" with
"household"
17. Definition of There is a definition of FITNESS Delete the FITNESS CENTRE FITNESS CENTRE
FITNESS CENTRE CENTRE in the MO1 Zone and in definition from the MO1 zone. Shall mean an establishment that provides equipment and building an whiGh facilities for
recreational or
Section 2 Modify the Section 2. athletic activities, including exercise classes, and shall
rise^"ated fr+^ilities of,^h as a sauna and o°Inr'um
LTJ J�'dTCICGCrTAGTTfCIG a��L1�TT'CfJ-lTJL1L7T'ICrQTICTJOTQTfCII'7T.
Delete the definition of FITNESS CENTRE from Section 23A.1
18. Definition of FLEA There is a definition of a FLEA Relocate the definition of FLEA Section 2
MARKET MARKET in the A-65 zone. A flea MARKET FROM A-65 to Section FLEA MARKET
market is listed as a permitted use 2. Shall mean an establishment for occasional or periodic sales activity where floor space is rented or
in the C4-11 and C4-13 zones but licenced to ten or more Unrd-individual sellers offering goods, new and used, and where the space
is undefined. allocated to each individual seller is not physically separated by walls which extend from the floor to ceiling
from the space allocated to other individual sellers.
Delete the definition contained in Section 6.4.65 b. as follows:
Only those structures which existed on January 29, 1996 are permitted. No new structure or any
expansion to a structure is permitted.
F=E)F the puii:peses of thi-S subseGtOOR, a flea market shall mean an establishment for E)GGasienal eF perie
sales aGt1Vity where fleein spaGe is rented OF IiGeRGed te teR oF maFe i i Rrelated individual selleFS OffGFORg
19. GARDEN SUITE The R1-65 zone contains a Delete the definition from the R1- Revise Section 12.4.65 as follows:
definition of GARDEN SUITE that 65 Zone Notwithstanding Sec-fi^on 12.1, those 11-ands zoned R1-65 on the Schedules to this By-law may, in addition
is the same as the one in Section to the other uses permitted in the R1 Zone, be used for a Garden Suite in accordance with the following
2. zone regulations:
The parking requirement table Add Garden Suite to the parking a. Defin;t;.
does not have a category for requirement table. ,
Garden Suites so 2 parking SiGk and disabled peFsen whiGh *6 IeGated on the side E)F Fear yard ef a pFepeFty GeRtaiRiRg a single
spaces would be required for this detaGhed dwelling.
use. It would be appropriate to -ba. The Garden Suite shall be removed on or before January 30, 2016.
apply the same parking Parking Space Requirement Table
requirement that is applied to an Residential
apartment in house. (v) a) Apartment-in-house or Garden Suite One parking space
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 5
Proposed Zoning By-law Amendments
Item Zone Provision Issue Pro o ed Solution Pro osed Modification m bold Proposed Deletion °*M;k "
* w^...."
20. Definition of GOLF There are 4 similar definitions of a--Provide a common definitions in GOLF DRIVING RANGE
DRIVING RANGE Golf Driving Range within 10 Section 2 and remove the Shall mean an outdoor facility operated for the purpose of developing golfing techniques, including
exception zones, 8 of which have definition from the 2 current miniature golf, but excludinges golf courses.
And GOLF DRIVING
� RANGE, INDOOR expired. exception zones.
GOLF DRIVING RANGE, INDOOR
Shall mean an enclosed facility operated for the purpose of developing golfing techniques but excludes
golf courses.
Revise section 6.4.58 as follows:
Regulations — Buildings
i) Front Yard (minimum) 35 metres
Fer the purpose of this seGtOOR, Golf DFiViRg Range is defined as a fa6lity fei,the purpose of developipg
golfing +onhniq roc innli ding miniature golf, b t ovnli ding golf not ir000
e f
Revise section 6.4.83 as follows:
7 Defini4iono
Gelf Driving Range� Shall mean an eutdeOF faGility opeFated for the purpose of developing gelfing
teGhniq roc innli d'Rg Miniature golf, b it ovnli jades golf not Arses
Indeer Golf Driving Range: Shall rneaR aR eRGlesed faGility eperated fei:the purpese of devele,
golfing tonhniq goo but eXGI deG golf GeUrses.
J_ _ Delete Section 6.4.25 a.
21. Definition of GROUP Section 35 of the Planning Act In recognition of the noted
HOME prevents municipalities from contraventions, Group Homes Shall meaR a SiRgle heusekeepiRg WRit iR a dwelling in whiGh three te teR resideRtS, exG!ud'Rg Staff andie
distinguishing between people have been interpreted as a Single family, live as a family URder reSPE)Rsible sup-, visiei, _eRsistent with the FequirernelltS Of t
who are related and people who Detached Dwelling which makes
are unrelated with respect to the this definition redundant. The permitted to 10Gate within 300 metres of anether greup herne. Furthermore, eRly ORe gFOLAp heme hOWSORg
occupancy or use of a building. definition should be deleted. elemeRt high sGheel aged Ghi!dFeR may be IOGated within the aFea served by aRy publiG_
Zoning By-law 84-63 currently olomeRtaFy or ii Jnior high onhool
defines a Group Home which does Group home is permitted as a
distinguish between related and use in the A-16, RH-2 and R1-6 Delete section 6.4.16, 9.3.2 and 12.4.6 for Group Homes
unrelated residents. This zones. These exception zones
definition also applies a 300 metre are to be deleted and the maps Amend Schedule 3 for 138 Queen Street, 23 Lovers Lane and 89 Church Street from 'R1-6' to 'R1 and
separation distance between updated. for 2005 Green Road from 'A-16' to 'A'
group homes which is
discriminatory under the Ontario
Human Rights Code. The Amend Schedule 6 for 1652 Taunton Road from 'RH-2' to 'RH
separation distance could restrict
the ability of group home residents
to live in the neighbourhood of Amend Section 12.4.36 by deleting the words "group home".
their choice.
i
I
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 6
Proposed Zoning By-law Amendments
Item J Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-through)
22 HEIGHT OF the definition. p p provided in the Oak Ridges FIGURE 2
Add a figure for For clarity a figure will help depict Add a figure based on what is
I � DETERMINING HEIGHT OF A BUILDING OR STRUCTURE
BUILDING Moraine Zoning By-law 2005-109 -- --
FLAT ROOF
FRONT W GR SIDE
ADE �i�
RIDGE
1/2_.
1/2 F• EAVE I�IIP ROOF
_ W
Ch OR
FRONT SIDE GABLE ROOF
GRADE.
RIDGE
OF DECK LINE
., EAVE MANSARD ROOF
OR
:FRONT SIDE GAMBREL ROOF
GRADE
i
RIDGE.
I
1/2
1/2 F.AVE
SALT BOX ROOF
- -� SAVE
FRONT 1 P SIDE
GRADEi
23. HOME The number of children cared for : The issues will be resolved by Adult Home Care
OCCUPATION has been questioned in the past. implementing a similar format to Shall mean a home occupation that provides temporary care and companionship to senior
citizens
The Day Nurseries Act does not what is provided for in Zoning By- and/or adults with disabilities on a regular basis for a continuous period not exceeding 24
include children residing in a home law 2005-109. The definitions of consecutive hours.
to be included in the number of "Adult Home Care", "Caterer"
children cared for. "Children's Home Care", "Home Caterer
Craft", "Home Occupation", "Light Shall mean Aan establishment in which meals are prepared and delivered for consumption off the
Teaching of art or craft has been Equipment" and "Light Equipment premises. The term caterer does not include an eating establishment.
interpreted as individual instruction Service", will be added to Section
i and includes recreational 2. Children's Home Care
activities. The purpose of limiting Shall mean a home occupation that provides temporary care and education of children on a
instruction to individuals is to regular basis and for continuous periods not exceeding 24 consecutive hours.
prevent parking issues.
Home Craft
Esthetician services have been Shall mean the crafting of small items Gemposed of fabrir., wGed or eaFthen Materials that are
interpreted as similar to made by hand or with the use of small tools, suGh as potter_,, Glothing, hirdhou-SeS _.nd mailbox
hairdressing and should be
clarified in the definition. Home Occupation
Shall mean an occupation or business that is carried on on aGrordanGe with al pFovisiens of this
Catering has been interpreted as By-law, within a dwelling as accessory to a permitted residential use.
permitted
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 7
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike through)
hrough)
Light Equipment
Shall mean #hand tools, small power tools, portable equipment, and machinery containing a small
engine, such as air compressors, augers, automotive tools, cleaning equipment, light compaction
equipment, concrete and masonry equipment, floor and carpet tools, gasoline generators, chain
saws, jacks and hydraulic equipment, lawn and garden tools, ladders, moving equipment, painting
and decorating equipment, pumps, scaffolding, welding equipment, sporting equipment, party
supplies, and other similar tools and accessories.
Light Equipment Service
Shall mean Aan establishment where light equipment is serviced or repaired.
HOME OCCUPATION
aGGessery use. IRVGIven;8Rt iR a home eGGUpatieR is limited to the Fnembers ef the family residiRg
FeF the purposes of this by law, heme eGGUpatiOR shall be limited to-. pFefessffiGRal or admiRistrative OffiGes;
pmdUGtien, ; the teaGhiRg ef art OF Graft Felated
I >
I
3.12 HOME OCCUPATION
a. Permitted Uses
i) adult home care;
ii) business, professional or administrative office;
iii) caterer;
iv) children's home care;
v) home craft business;
vi) instructional service for an individual maximum of three students at one time;
W4 light service shop; an-d
viii) personal service:; and
ix) repair and retail sales of antiques
b. Excluded Uses
i) furniture str-opping refinishing;
ii) light equipment service;
iii) motor vehicle body shop;
iv) motor vehicle repair garage; and
v) retail sales, with the exception of antiques and home craft products.
c. Regulations
! The following regulations apply to dwelling units wherein a home occupation is permitted:
i) The home occupation is limited to the members of the household residing in the dwelling unit,
plus one additional person.
ii) There shall be no display, other than a sign erected in conformity with the By-laws of the Municipality,
to indicate to persons outside that any part of the dwelling unit or lot is being used for a purpose other
than residential.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 8
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-through)
ii) Such home occupation shall be clearly secondary to the main residential use and shall not change the
residential character of the dwelling unit nor create or become a public nuisance due to the levels
traffic, parking, noise glare, dust, odours, or vibration and hours of operation.
iii) Such home occupation shall not interfere with communication signals.televisi^„ „r radio reGep#,
of otherns in adja Gen+ b uild'Rgo Gr StF Gt pro
vi
iv) Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for the
purposes of the home occupation use except in the case of a "Bed and Breakfast or Vacation Farm
Establishment" and such home occupation shall be conducted within the principal residence.
v) Parking shall be provided in accordance with Section 3.16.
vi) There shall be no outside storage of goods or materials associated with a home occupational use.
vii) 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.
ix) A children's home care may accommodate a maximum of five children, not including the
owner's children. The rear yard of the dwelling may be used as accessory to the children's
home care.
x) The rear yard of the dwelling may be used as an accessory to the instructional service of an
individual.
24. Delete the definitions The Zoning By-law needs to be Review the definition of Kennel in KENNEL, G OMMERGIAL
of KENNEL, consistent with the Kennel By-law 2013-025 and identify
COMMERCIAL and Licensing By-law 2013-025. This zone categories that permit >
"KENNEL PRIVATE by-law no longer distinguishes commercial and private kennel er gain.
and create a between a commercial or private and delete the use. Replace ' PRIVATE
definition of kennel. The responsible pet commercial kennel with kennel. Shall mean a buildiRg OF StFUGtUFe wheFe meFe than thFee degs aFe kept bFed er traffiRed
fer the peFsenal,
KENNEL. Replace owners by-law restricts the reGFeat,enal use of the QWRer of the lands Unnn Whinh nU Gh kennel 66 I + d
the permitted use of number of pets residents are KENNEL
Commercial and permitted to keep, therefore, the Shall mean a building or structure within which four or more dogs or cats or other- demestiG
Private Kennel in the definition of a private kennel is aniafs are being bred, kept or boarded for profit and includes any associated lands.
relevant zone redundant. Replace Commercial kennels with Kennel in the following sections
categories with the 6.1 b. v), 6.4.14, 6.4.14 a),
defined term of Delete Private Kennel in the following sections
Kennel.
6.1 b. xi)
6.4.1 b. v)
25. Amend the definition The current definition states that Delete the statement that LANDSCAPED OPEN SPACE
of LANDSCAPED landscaped open spaces must be indicates this area must be Shall mean the open unobstructed space from ground to sky at finished grade on a lot aGGess;ble-by
OPEN SPACE accessible by walking from the accessible from the street. w al 'Rg frem the s eeen hinh the let is IeG which is used exclusively for landscaping,
and includes
street. This does not take into any surfaced walk, patio, deck or similar area no more than 200 mm above finished grade, at its highest
account landscaping that is not point, but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall,
accessible from the street. parking area or any open space beneath or within any building or structure.
26. Definition of a There are 12 exception zones that Delete the definition from the Delete section 6.4.64 a. i), 15.4.21 a.i), 15.4.22 a. i), 16.5.11 a. i), 16.5.15
a.x), 16.5.20 a. i), 16.5.21 a. i),
LANDSCAPING contain a definition of a exception zones. 16.5.22 a. i), 16.5.26 a. i), 16.5.27 a. i), 16.5.39 a. iii), 20.4.13 a. i)
STRIP LANDSCAPING STRIP that is the
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 9
same as the definition contained in
Section 2
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion ( )
27. Amend the definition This definition could be updated to Delete the reference to `coin LAUNDRY, COIN OPERATED
of LAUNDRY, COIN- delete the term `coin-operated' as operated' and include a full Shall mean a commercial establishment building OF GtFUGt„r° where the service of
Gein opera+ laundry
OPERATED the machines may accept bills and service laundry. cleaning ,,, Ghines, using only water, detergents and additives, aFe-is made available to the public
feF the
cards. It could also permit a full
service laundry.
Delete the words "coin-operated" from the following Sections 14.6.24 L i) c), 15.4.19 b. viii), 16.1 b.
ix), 16.5.17 a. viii), 16.5.35 b. xiii), 16.5.46 c. iv), 16.5.56 c. ix), 17.1 b. v), 17.5.2 a. iv), 22.4.8 b. iv), and
_ 22.13.2 b. x)
28. Add definition of There is a definition of a LONG Relocate the definition of LONG LNG TERM CARE FACILITY
LONG TERM CARE TERM CARE FACILITY that is TERM CARE FACILITY to Shall meaR a faGility regulated threugh the MiRiStFy of Health and LeRg TeFm Care, or aRy SuGGesser-,�
FACILITY and delete within the R4-34 zone which is Section 2 and delete the provides aGGemmedatien for people requiring a broad raRge of 24 heur health GaFe, perSeRal Gare
and
the definition of also referenced in the R4-35 zone. reference to the definition in the
Nursing Home This definition is more current than R4-34 and R4-35 zones. Delete GORSUMPtieR ef feed are provided and GOMMOR IOURges, reGreation reoms,
the definition of Nursing Home. the definition of Nursing Home. peFsenal °°^„°°° may also be provided
j The definition of "Long Term Care Facility" was added to Section 2 through By-law 2015-030
Shall
IiGpp s d 1 1—G°T'V'UI 1"I C� Homes A^{ as amended. ,
Delete the definition contained in Section 15.4.35 a. i) and 15.4.36 a. i) which references the definitions in
_ 15.4.35 (definitions to be relocated for Retirement Home and Underground Parking Structure)
29. Add a figure for For clarity a figure will help depict j Add a figure based on what is FIGURE 3
LOT, CORNER the definition. provided in the Oak Ridges DETERMINING A CORNER LOT
Moraine Zoning By-law 2005-109 STREET/PRIVATE ROAD
STREET LINE
I
BUILDING
,p O
30. Amend the LOT The definition of LOT COVERAGE Modify the definition of LOT LOT COVERAGE
COVERAGE has to be read together with the COVERAGE to include Shall mean that percentage of the lot area at finished grade covered by all buildings or structures:
definition definition of BUILDING which does structures. above ground level,
not consider platforms, such as An
decks, as lot coverage. outdoor swimming pool, and a patio or deck no more than 200 mm above finished grade, at its
Exclude patios and decks under highest point, shall not be considered as a structure for the purpose of calculating lot coverage.
Decks and patios that are less 200 mm (8 inches) above grade. Where a lot is divided into more than one zone, the lot coverage in each zone shall be calculated
than 200 mm (8 inches) above j as it applies only to that portion of the lot that is located within the specific zone. °^' ;@
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 10
grade have been interpreted as a this paragraph, the let ------ eaGh Zone applies and shall be deemed to apply enly te that
landscape feature. PG14iGF�UGh lot that is IGGated within said Zgp,—
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution I_ Proposed Modification (in bold) & Proposed Deletion (stARe4hfGu0) ___
31. Amend the LOT Traditionally, front yard setbacks As an attached garage typically LOT FRONTAGE
FRONTAGE for dwellings were 6 m which requires a 6 m setback it is Shall mean the heFiZORtal distanGe betweeR the side let IiRes measured parallel to and 6.0 metres
ba
definition. Add a made determining lot frontage on proposed that this consistent from aleng the fFORt let line. WheFe the front let IiRe is net a straight "Re E)F where
the side let IiReG are not
definition for LOT cul-de-sacs and lots with curved setback be applied across all paFallel, the let fFORtage is to be measured by a line paFallel te the E;hord of the
lot fFoRtage drawn tl
CENTRELINE street easy to determine. zones for the frontage calculation. a peint there'R distant ficem the fFE)nt let line equal te the requiFed depth ef the fFeRt
yaFd. For the purpes-es
Since Front yard setbacks range I ef this Ry law the Ghord of the lot frORtage is a straight IiRe jeoning the two peints where the side lot I*%
from 3 m to 6 m, it has been more The definition will be revised in the fFE)n+ lot limo.
confusing to determine the lot the same format as what is
"Let frontages throughout different provided in Zoning By-law 2005- >
zones in the Municipality. Typically 109 and a figure will be provided
the garage requires a minimum 6 ml for clarity. street nnMplies with the minima Im let frnr,+G��G �f��eapq�Gablo�ne.
setback. As there is often a ^7 Y
j different minimum setback, or front ' Or the prGjeCtion Of the
yard depth between the house and j },,® front ,,,, ,;„„
j the garage this has caused
confusion determining where the LOT CENTRELINE
frontage measurement is to be Shall mean a straight line joining the midpoint of the front lot line and the midpoint of a line drawn
taken from. parallel to the rear lot line setbaGk 10 metres from the Fear lot line alc)ng the side lot lines.
FIG 11 RE4
10 h4®tre5 �� 0 Metres
� I
I '
I �
I
i
c
1
I
I
Lot I Frontage
v,
m
g
The minimum straight-line distance between the side lot lines measured along the front lot line of a
lot. Where the front lot line is not a straight line or where the side lot lines are not parallel, the lot
frontage is measured along a line parallel to the chord of the lot frontage and set at 6 metres from
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 11
i
the front lot line. The chord of the lot frontage is measured as a straight line joining the points
where each side lot line intersects the front lot line.
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-through)
h)
32. _ -
Figure 4
Determining Lot Frontage
ARI P Er,,
E
A
y
BUILDING
I
REQUIRED FRONT YARD SETBACK
33.; Definition PARKING There are 3 similar definitions of Relocate the definition to Section PARKING STRUCTURE
STRUCTURE an UNDERGROUND PARKING ! 2 and rename it Parking Structure Shall mean a part of a building which is provided and maintained for the purpose of parking vehicles,
STRUCTURE in the R4-29, R4-30 so it can also be used for Parking whiGh is geReFally IOGated below fiRished gfade and shaft may include parking spaces, parking aisles and
and R4-35 zones Decks. access ramps, common areas for stairs and elevators, storage areas for tenants, and mechanical rooms.
Delete the definition in section 15.4.29 a.i), 15.4.30 a.i), 15.4.35 a. iii)
Delete 15.4.36 a. i) which references the definitions in 15.4.35 (definitions to be relocated for Long Term
Care Facility and Retirement Home)
34. Definition There is a common definition for Relocate the definition from the RESEARCH AND DEVELOPMENT FACILITY
RESEARCH AND RESEARCH AND exception zones to Section 2. Shall mean an establishment used for the purpose of conducting pure and applied research and
DEVELOPMENT DEVELOPMENT FACILITY in the experimentation and includes such facilities as administrative offices, laboratories, lecture rooms, display
FACILITY M01, M02, ML1, ML2 and MP1 rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research
zoned and development facility.
Delete the definition from 23A.1, 2313.1, 23C.1, 23D.1, 23E.
35. Definition There are 4 definitions of a Provide a common definition of RETIREMENT HOME
RETIREMENT RETIREMENT HOME within 5 RETIREMENT HOME in Section Shall mean a residential facility, licensed by the Retirement Home Regulatory Authority, that provides
HOME exception zones (R3-26, R4-23, 2 and delete the definition in the accommodation in suites primarily for retired persons or couples. Such suites shall not have
a stove or
R4-32 and R4-35) exception zones and a reference range and shall have separate entrances from a common hall. Common facilities for the preparation and
to the definition in the R4-35 consumption of food are provided. Common lounges, recreation rooms, medical care facilities and
zone. ancillary uses such as a beauty salon, barber shop or tuck shop may also be provided.
A definition of "Retirement Home" was added to Section 2 by By-law 2015-030. This definition will
be replaced to acknowledge a grammatical error.
Delete the definition contained in section 14.6.26 a. ii),15.4.23 a. i), 15.4.32 a., 15.4.35a. ii)
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 12
Delete 15.4.36 a. i) which references the definitions in 15.4.35 (definitions to be relocated for Long Term
Care Facility and Underground Parking Structure)
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification in bold & Pro osed Deletion StFik^-t4,.-^nw
36. Definition of SENIOR We cannot regulate who lives in Delete the definition and replace CITIZENS' APARTMENT PARTMENT B III DIN
CITIZENS' an apartment building the term `Senior Citizens'
APARTMENT Apartment Building' with ,
BUILDING `Apartment Building' in the Urban RegiGRaI eF MuniGipal GoveMments er agenGies, or by PUb1iG subSGFiptien er donation, er by an
Residential Exception (R3-26), GOmb2natien theFeef.
Urban Residential Exception (R4-
22) and Urban Residential Replace the term "Senior Citizens' Apartment Building" with "Apartment Building" in sections 14.6.26 b.
Exception (C1-38) zones. iv), 14.6.26 c., and 15.4.22 b. i)
Delete the term "Senior Citizens' Apartment Building" in section 16.5.38 b. iv)_
37. Definition SITE The proposed Section 3.28 Provide a definition based on SITE ALTERATION
ALTERATION references Site Alteration. what is provided in the Oak Shall Mmeans activities such as filling, grading and excavation that would change the landform and
natural
Ridges Moraine Zoning By-law vegetative characteristics of land, but does not include,
2005-109 a. the construction of facilities for transportation, infrastructure and utilities uses, by a public body, or
bfer greater certaiRty,
e
i) activities or works the renenctr„ntien repair er maintenanne of a drain approved under the Drainage
Act, and
_ --_ ii) the_carrying out of agricultural practices, on land that continues to be used for agricultural uses.
38.! Add a figure for For clarity a figure will help depict Add a figure based on what is FIGURE 5
TYPES OF YARDS, the definitions of front, side, rear, provided in the Oak Ridges TYPES OF YARDS
following the exterior and interior side yard. Moraine Zoning By-law 2005-109
definition of YARD,
(INTERIOR) SIDE ------------ ---------- - ---- `�--
STREET /PRIVATE ROAD �
EXTERIOR SIDE LOT LINE
A �
EXTERIOR Q
SIDE, YARD a
a - �
O REAR BUILDING FRONT
a YARD YARD
INTERIOR O W
SIDE YARD w w
sx
INTERIOR SIDE LOT LINE
I
I
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution _ Proposed Modification in bold & Proposed Deletion (-StF. �
39. Add a figure for For clarity a figure will help depict Add a figure based on what is The figure has been moved to Section 3.28 (see Item 50)
VISIBILITY the definition. provided in the Oak Ridges
TRIANGLE Moraine Zoning Bar-law 2005-109
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 13
3.1 c. The Regulations — Accessory Buildings, Structures and Uses table provides regulations
for accessory structures. Where a zone category is not identified in the table, the
i accessory building/structure and use shall comply with the parent zone regulations where
specified.
REGULATIONS ACCESSORY
Type of Total Lot Total Height Yard Setbacks
Structure coverage accessory (max) Interior Exterior
(max) Floor Area Front Rear
(max) Side Side
Rural Residential, Agricultural and Environmental Protection Zones (where permitted)
1.2 m
120 m2 with 3 metres or
a minimum with a floor 0 m to a
lot area of 2 area equal to common
Accessory o hectares or less than wall ef-a
10/o of lot 10 m Zone semi- Zone
Building or area 2 Regulation 1.2 m deta ed Regulation
Structure 90 m with a 4.5 metres garage-with
lot area less with a floor a detached
than 2
hectares area greater garage on
than 10 m2 an abutting
lot
Swimming Not Applicable Not Not Zone 1.2 m 1.2 m 1.2 m
Pool Applicable Applicable Regulation
Urban Residential Zones
0.6 m
3 metres with a Accessory 0.6 m
floor area Buildings
equal to or less Not or 6.0 m from
Om to a the
Accessory than 10 m2 Permitted
Building or 10% of lot area 60 m2 0.6 mm common tstreetline
o a
Structure 4 metres Accessory wall of a detached
with a floor Structures semi- garage with
detached a garage
area greater Zone
than 10 m2 Regulation garage door facing
the exterior
side yard.
Swimming Not Applicable Not Not Not 1.2 m 1.2 m 1.2 m
Pool Applicable Applicable Permitted
Commercial, Industrial or Major Institutional Zones
I
3 metres
50% of with a floor
ground floor area less
area of a than 10m2 Not Zone
All uses Not Applicable principal Permitted 1.2 m 1.2 m Regulation
building to a 4.5 metres
maximum of with a floor
60 m2 area greater
than 10m2
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 14
_ Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike -throu h)
40. Revise the Lot Is a 6.0 m exterior side yard Modify the exterior side yard
Coverage, Floor setback necessary for a detached setback to require a 6.0 m
Area Height and yard garage when it does not provide setback when there is a garage
requirements for driveway access from that yard? door facing the exterior side yard.
accessory buildings This will provide adequate space
and structures and The fence enclosure by-law for a driveway in front of garage
uses. requires a 1.2 metre setback for j doors.
swimming pools in all yards
Add a 1.2 m setback for
This regulation is difficult to read. swimming pools in all yards for
consistency with the fence
enclosure by-law
Simplify the format of this section
to be consistent with Zoning By-
law 2005-109.
I
41. Revise Yard The provision does not state that Clarify that the projections apply 3.1 j. iv) Balconies, canopies, unenclosed porches, steps, patios, ramps, or
decks attached or directly
Requirements for these projections apply to to abutting structures. abutting the principle or main building; either above or below grade; may project into any required
Accessory Buildings, structures that are attached to or front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required side
Structures and Uses accessible from the dwelling (a yard be reduced to below 4�00.6 metres;
Section 3.1.j.iv) deck may not be attached to the
regarding permitted house but may still be a walk out).
projections: When structures are detached or
not accessible from the dwelling
they are treated as accessory
structures and the setback
provisions of section 3.1.g are
applied.
The provision does not state if this Issue 2: Clarify that the
applies to stairs above and below I projections apply to both above
grade. There have been different and below grade structures.
interpretation son if the projection
allows stairs providing access to a
basement, usually containing a
retaining wall or an extended
foundation.
The provision does not indicate j Add ramps as a permitted
accessible ramps as a permitted projection.
projection. It has been interpreted
that ramps are treated as decks.
A 1.2 metre side yard setback is Reduce the setback to 0.9 metres
not sufficient to provide a step to a to accommodate a projection for
door within a side yard. one step (riser).
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 15
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (s#Fil )
42. Section 3.4 Dwelling This section permits dwelling units Due to the discrepancies with the Caen+inn 3.4 DWELLING UNITS BELOW GRADE
Units Below Grade below grade provided there is a Ontario Building Code, it is
minimum window area located recommended to delete 3.4. NetwithstandiRg any PFEWlSIORS Of thiS By law te the Gontrary,
above the finished grade equal to to have all eF part of their total floor area IGGated partially belew fiRished grade, shall be peFmitted subje-c4
10 percent of the total floor area of •
the dwelling. This section further
specifies that living rooms, dining a. SUGh dwel!'Rg shall have a MiRiMUM WiRdew area IGGated above fiRished gFade equal to 10 peFGe
rooms, kitchens and bedrooms the total flooFarea of the-dwelling.;and
must have 10 percent of the b. eaGh ef the following FOOMS shall have a i i Rdow area IGGated above fiRished grade equa4e
window area above finished
'I!1 nernent of the flnnr area of c,�nh room:
grade. The Ontario Building Code •
regulates the amount of light
i\ Living ream
-
which must be available for living '
rooms, dining rooms and
bedrooms. This requirement
varies dependant on the age of iii\ Kitchen and
the dwelling.
43. Section 3.9 Frontage This section only permits existing Add a section that would permit 3.9 FRONTAGE ON IMPROVED PUBLIC STREET, UNASSUMED ROAD AND PRIVATE RIGHT-OF-
on Improved Public buildings to access a private right- dwelling units within a common WAY
Street, Unassumed of-way. This does not account for element condominium to front on
Road and Private private right-of-way access for free a private right-of-way. a. Improved Public Street
Right of Way hold dwelling units are located
within a common element No person shall erent any building or structure shall be erected in any Zone, after the date of passing
corporation which do not front a ef thus By la , unless the lot HPnn `"'high cUnh building OF str,,nt,,re is to he erected fronts upon an
public street. improved public street, maintained year round, and further, that 66,nh building nr ctruGture nmmplies
with the sethaGk nreVisinns of this By lay.f
n
b. Unassumed Street
prevent the erentinn of a permitted "Buildings or structures are permitted on an unassumed street
provided they are on a lot in a Registered Plan of Subdivision. where a subdivicien agreement has
beeR enteFed 'RtO With the MuniGipality and registeFed on title, whereURder the street eF streets will
c. Private Right-Of-Way
i) ,
to the date ef passage of this By law OR a lot whiGh does not have fFORtage on an improved publIG
stFeet, eF OR a lot whiGh fFORt- en a- private right of way registered OR title and previding lega4
s ngress and egress te d publiG stFeet, the preV'SieRS ef this By law shall Rot apply to
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 16
_ Proposed Zoning By-law Amendments
Item Zone Provision ! Issue Proposed Solution Proposed Modification in bold & Proposed- Deletion StFik m
w h-.A building or structure constructed prior to the date of the passing of this By-law+s that is not
located on an improved public street, or is located on a private right-of-way, may be enlarged,
altered or renovated and an accessory structure may be constructed, provided the use is permitted
i
in the zone in which it is located.
the date ef passage ef this By law, WhiGh dOeS Ret have fmntage OR . I -d publiG street and
SUGh lot has te a pFivate perpetual Fight of way registered en title whiGh provides legal
UMT
E)ss and egress to an impreved PWbI!G street, the provisiens of this by law shall not apply to
permissible 1R the ZGRe OR whiGh it is leGated, and that all ether appliGable previslens of this by !a
are nomplierl wit".A building permit may be issued for a lot created prior to the date of the passing
of this By-law for a lot that has access to a private right-of-way provided the use is permitted in the
zone in which it is located.
d. Private Street
Netwithstanding the pmvisiens of SubseGtien 3.9 a. above, the previsiens ef thus by law a building or
structure may be permitted on a lot which has
frontage on a Private Street where such Private Street existed at the date of passage of this by-law, or
where such street is shown on a site plan approved under the Planning Act pursuant to By law 2010 139
of the n of NG Gstle, as arm-ended, or aRy UGGesser thereto.
4. Section 3.14 Multiple Is it necessary for us to enforce Specify that the zone limit is not 3.14 ,
Zones on One Lot setbacks from a zoning boundary intended to be a limit for defining ef the said let shall be used OR aGGGrdaRGe with the Zone PFeViSieRS of this By-law
for the appliGable ZE)Res
on the same property. yard setbacks. Utilize the established hereunder. Where a let is divided ;nte more than GRe ZGRe the ZGRe boundary shall not be
wording from By-law 2005-109 to
make this provision easier to general provisions E)f thi —1 1 ith the exGeptieR being, that where a P0050R of the said lot is zen
read.
all ether reopen}o with the provioieno of the Environmental ®reteGtOOp /CP\ 7
.... ether .....N........, .. �„ the h„vv,vv,�.� yr z„ -.
Where a lot is divided into more than one zone, under the provisions of this By-law, each separately zoned
portion of the lot shall be used in accordance with the use provisions for the applicable zone. All buildings,
structures and uses shall conform to the applicable zone regulations for that zone as if each separately
zoned portion was a lot. However,
a. no lot shall have more than one dwelling on the whole of the lot except as specifically permitted by this
By-law; and/or
b. where this By-law limit divides a property, provided the use of that portion of the lot conforms, this By-
law limit shall not be a zone limit for defining yard setbacks, except for the setbacks required in Section
3.21.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 17
Proposed Zoning By-law Amendments
Item Zone Provision Issue ! Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike_thr-o gh
- _ _ - -
45. Amend Disabled This section permits the width of ' Amend provisions to specify that 3.16 b. i) Each disabled peFsoRs accessible parking space shall be a minimum
4.5 metres wide and 5.7
Parking Spaces 3.16 disabled parking spaces to be spaces need to be paired. metres long.,-upJess-When paired together two or Fnere disabled persons paFking spaG8s
are IeGated
b. i) reduced from 4.5 metres to 3.4 Replace the word "disabled" with in Whigh eaGh aGe shall he minim„mthe width can be reduced to 3.4
meters where two or more spaces "accessible". The definition metres wade and 5.7 metres long' with provided a 1.5 metre access aisle is located between the
abut each other. This section was "Parking Space, Disabled paired spaces.
intended to reduce the width for Persons" will be renamed
spaces which are paired as they "Parking Space, Accessible". PARKING SPACE, DISABLED PERSO SACCESSIBLE:
would not function appropriately in Shall mean a parking space that is designed and identified to be used by persons with a disability.
_ odd numbers.
46.1 Revise section 3.16 It is unclear that 30% of the front Relocate the regulation for c. Parking Space Sizes
c) Parking Space yard must remain landscaped, landscaped open space to its i) Each parking space shall be a minimum of 5.7 m by 2.75 m.
Sizes regardless of the number of own subsection and clarify. ii) Where the two outdoor parking spaces for single detached, semi-detached and/or townhouse units
parking spaces provided for single are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 m
detached, semi-detached and/or
townhouse units. iii) Parkin spaces provided in the front and for detached semi-detached and/or townhouse
9 p p Y ,
units must not reduce the minimum landscaped open space within the front yard below 30
percent.
iv) Parking space size perpendicular to a landscaping strip having a minimum width of 3.0 metres
may be reduced in size to 5.2 metres in length by 2.75 metres in width.
I
47.; Revise Section 3.16 There are currently no provisions Introduce requirements for 0.25 Issue 1:
Parking Space for visitor parking for multi-family spaces per unit for visitor parking Residential
Requirement Table units. Planning staff have in multi-residential developments. (i) Apartment, Four-plex, Six-plex, or 1 Bedroom Apartment - 1 space per unit.
requested 0.25 parking spaces per Need to specify the requirements Converted Dwelling House
unit through the review of for linked and stacked 2 Bedroom Apartment - 1.25 spaces per unit.
development applications. This townhouse.
request has been accommodated Apartment containing 3 or more bedrooms, four-plex,
by the development community. Delete the provision for Senior converted dwelling or triplex house - 1.5 spaces per unit.
Citizen's Apartment Building
The table contains a requirement Plus 0.25 visitor spaces per dwelling 10% of which are to
Senior Citizen's Apartment be barrier free parking spaces.
Building. We cannot regulate who
lives in a building which makes
this regulation redundant. Linked Townhouse Two parking spaces per dwelling.
Stacked Townhouse
Plus 0.25 visitor spaces per dwelling 10% of which are to
be barrier free parking spaces.
Senler Citizen's Apartment Building l
+� n�o�n.,;arking space for oanh t�e dwell ellinn i ini+ OF fra Gtien
h
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 18
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-thro..ivh)
48. Section 3.16 i. iv This provision only permits Delete the portion of this section Within all Residential Zones a fr„r,t interior Side „r
P Y p p , parking spaces and areas shall be permitted within a-,TOT,�t
Parking Area parking within a front, rear or that is redundant. Fear any yard provided that no part-of any parking area, other than a driveway, is located closer than
one
Location on Lot interior side yard. Parking may be metre to any street line, or within a sight triangle.
provided within an exterior side
yard for a corner lot.
49. Section 3.16 k. Use A portion of this provision restricts Specify that the restriction is in addmfieR to the fe ithin any Agricultural Zone, a maximum
of two (2) commercial
of Parking Spaces the number of commercial motor unrelated to a farm use. motor vehicles, unrelated to a farm use, as defined under the Highway Traffic Act, as amended,
or two
and Areas vehicles and school buses that (2) school buses may be parked or stored on any lot provided that any such vehicle shall not be parked or
can be parked on lot within an stored within 5 metres of any interior side or rear lot line, and provided that, where such lot line abuts a
Agricultural Zone. It is assumed Residential Zone, or a lot which has a residential use thereon within 15 metres of such common lot line,
that this provision was intended to the minimum setback from the common lot line shall be 10 metres.
restrict commercial motor vehicles
for uses that are unrelated to a
farm use.
50. Section 3.21 c. This provision requires a 300 More consistent with the format 3.21 SETBACK REQUIREMENTS
Setback metre setback from a non-farm used in the Oak Ridges Moraine Notwithstanding any provision of this By-law to the contrary, the following minimum setbacks
shall apply to
Requirements related residential building to an Zoning By-law 2005-109 which the specified buildings and structures:
agricultural building housing references the MDS formulae a. All buildings from an Environmental Protection (EP) Zone unless such building is located upon a lot
livestock. This setback is not rather than a required distance. located within a registered plan of subdivision or a plan of subdivision draft approved prior to the date
consistent with the current of passing of this By-law. 3 metres
A definition of Minimum Distance
Minimum Distance Separation b. All buildings from watercourses not located within an Environmental Protection (EP) Zone. 30 metres
(MDS) formulae which may Separation will be added to NeR farm Felated residential buildings from existing agF'GUItHral buildings, heUGiRg Iive6tGGk and not
require a setback which is more or Section 2. 10 Gated en the same let. 300 metFes
less dependent on the type and
number of livestock that is d. No residential, institutional, industrial, commercial or recreational use, located on a separate
considered. This section also lot otherwise permitted by this By-law shall be erected or enlarged unless it complies with
does not consider the MDS the Minimum Distance Separation Formulae.
requirements between new or
expanding livestock or manure e. No livestock facility shall be erected or enlarged unless it complies with the Minimum
facilities adjacent and existing or Distance Separation Formulae.
approved developments. f. Subsection i) shall not apply to a residential building constructed on an existing lot or a lot
within a registered plan of subdivision.
g. Subsection ii) shall not apply to a livestock facility located within the limits of a settlement
area.
d. Natw2thstandiRg the foFegeing, the pi:evisiens of SubseGtien G. shall net apply to Fesidential buildings
IeGated OR existing lets ef reGOFd er lets with'R a registered pIaR of subdivisiGn OF plan Of SUbdiViSiOR
approved, prior te the date ef passiRg ef thiS By law. NEW shall they apply where an agFOGLAuFal building
housing IffiVeSteGk as IeGated withiR the 15mits of a Hamlet or, the Urban Areas Of G(AfftiGe, ,
d. No residential or institutional use shall be located closer than 30.0 metres from any railway
corridor.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 19
Proposed Zoning By-law Amendments
Item _ Zone Provision Issue Proposed Solution __ I Proposed Modification (in bold)_ & Proposed Deletion (strike-*fin)
Section 2
MINIMUM DISTANCE SEPARATION FORMULAE
Shall mean a A-guideline established by the Province to minimize nuisance complaints due to odour and
thereby reduce potential land use conflicts by determining appropriate separation between livestock and
manure storage facilities and neighbouring non-agricultural uses, including residential, institutional,
industrial, commercial, or recreational uses.
51.1 Section 3.22 Visibility There have been different Borrow from the Oak Ridges Add a definition to section 2 as follows:
j Triangles and interpretations from applicants on Zoning By-law 2005-109 which VISIBILITY TRIAGLE
Section 3.1 j. vi) which lot lines are referred to in has a clearly written provision to Shall mean a triangular-shaped area of land abutting an improved public street,
public lane, or
this provision clarify issues the issues. This private street that is required to be kept free of obstructions that could impede the vision of a
In cases where a sight triangle has provision will be expanded upon pedestrian or the driver of a motor vehicle exiting onto or driving on the improved public street or
been dedicated to the Municipality to exclude lands that have been private street.
of Region, it is not necessary to dedicated for a visibility triangle
protect for an additional visibility
triangle as the sight lines have
been calculated and secured for.
Section 3.1.j.vi) speaks to the Section 3.1.j.vi) will be revised to 3.27-2 VISIBILITY TRIANGLES
location of accessory buildings, remove portions dealing with On a GOFRGF 10t, where land for a visibility triangle has not been dediGated to the read ' ,
structures and landscaping on visibility triangles. within the triangle spaGG fE)Fmed by the street lines and a line dFawn fFem a point iR 9Re stFeet line te a
residential lots that are located POiRt iR the ether street line,
within 3 metres of the streetline Reference to lane will be omitted , as
which may impede vision. This from Section 3.22 the definition of ,
provision should be applicable to Lane will be added to section 2. , Re land shall
all zones. It would be appropriate .
to incorporate this provision with
the visibility triangle provision, as it a. visibility triangle shall be determined as follows:
is not necessary to restrict
features for 3 metres along the i. the visibility triangle adjacent to an exterior side lot line, where a sight triangle has not
entire street frontage. already been dedicated to the road authority, 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
It has been interpreted that diagonal line drawn between these two points;
visibility triangles do not apply to
lanes. ii. the visibility triangle for a driveway, or right-of-way shall be the area enclosed by the line
along the limits of the driveway and the street line measured to a point 3 metres back from
the intersection of the street lines and the limits of the driveway, or right-of-way and a
diagonal line drawn between these two points.
i
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 20
Proposed Zoning_ By-law Amendments
Item Zone Provision _ Issue Proposed Solution - Proposed Modification (in bold) & Proposed Deletion (rtrmkp-4hr,,..�h)
b. Within a visibility triangle:
i. no building or structure shall be constructed, no motor vehicle, trailer or recreational vehicle
shall be parked or stored;
ii. no fence shall be constructed with a height greater than 0.75 metres;
iii. no landscaping feature, including shrubs or trees, are permitted that would impede vision
between 0.75 metres and 2.5 metres of height; and
iv. No parking space or driveway shall be permitted within a visibility triangle formed at the
intersection of any combination of improved public streets, public lane, private streets, or
rights-of-way.
3.1 j. vi) Fences, freestanding walls, flag poles, clothes poles, diving boards, antennae, light standards,
and similar accessory structures and appurtenances, and hedges, trees, and shrubs are permitted in
accordance with Section 3.272, but OR the Gase of a reoT ial 7nte�riroFlet hTr`e situated in aRy residential
metFes of any street line wheFe SUGh StFLJGtLJFe, hedge EK ebstruGtiGR W211 irnp-ede ViSieR between a height e
any I
zene, no StFUGtUFe, hedge or obStFUGtien that as mere than 0.75 metres On height is peFFnitted WithiR 3
t.
FIGURE 7
DETERMINING VISIBILITY TRIANGLES
STREET/PRIVATE ROAD
sm>,WAu
-7.5m I
- STREET LINE
E
(EXTF,RIOR SIDE LOT LINE)
�.
VISIBILITY TRIANGLE ON A CORNER LOT
a°
yW VISIBILITY TRIANGLE ADJACENT A DRIVEWAY
3m -/
w E r
E T F
DRIVEWAY [�
a
l0 PROPERTY LLNE Sm ff
i
i
Section 2
Lane, Public
Shall mean a street or road under the jurisdiction of the Corporation of the Municipality of
Clarington, having a right of way width of 10 metres or less which is maintained so as to allow
normal vehicular access to garages and parking spaces on adjacent properties throughout all
seasons of the year.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 21
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed_Modification (in bold) & Proposed Deletion (stribe -thFGt[ h)
52. Add a Section for 0.3 Technically a 0.3 metre reserve is A new general provision will be 3.286 0.3 METRE RESERVES
metre reserves located between a lot and a road added for clarification. a) A 0.3 m reserve shall be considered to be part of the abutting Public Street.
allowance. This has resulted in b) Notwithstanding subsection (a) above, a 0.3 m reserve shall be considered to be part of the
incorrect interpretations that a lot for the purpose of measuring an exterior side yard setback.
corner lot does not require an
exterior side yard setback.
53.1 Add a Section for Section 3.24 has been interpreted A new section similar to one SECTION 2
Model Homes and as permitting a sales trailer which j provided in the Oak Ridges MODEL HOME
Temporary Sales had been intended to permit a Moraine Zoning By-law 2005-109 Shall mean a finished dwelling that is used as an example of a product offered for sale to
Offices construction trailer. This section is proposed. Definitions for a purchasers by a realtor, builder, developer, or contractor; which.-?he dwelling may be
furnished
does not regulate parking, time j Model Home and Temporary but not occupied as a residence while being used a model home.
frame, or the need for agreements ! Sales Office are proposed to be
to be in place. added to Section 2. TEMPORARY SALES OFFICE
Shall mean a mobile home or a permanent building, including a model home, used exclusively by a
realtor, builder, developer or contractor on a temporary basis for the sale, display and marketing of
residential lots and dwellings within a draft approved subdivision or condominium plan.
3.25 TEMPORARY SALES OFFICES AND MODEL HOMES
a. A building permit for a model home in a draft approved plan of subdivision may be issued
provided that:
i. the model home is located in the draft approved subdivision plan;
ii. the developer has entered into a subdivision agreement with the Municipality;
iii the developer has entered into an agreement with the appropriate public authority regarding
the provision of sanitary sewer and water services; and
iv. the model home complies with the regulations of the zone in which it is located.
b. A temporary sales office for a draft approved subdivision or condominium plan may be located
on lands within the draft approved plan. The temporary sales office shall be removed or cease
operation no later than 2 months from the date of the sale of the last lot within a plan of
subdivision of unit within a plan of condominium or the occupation of the last dwelling.
i c. A minimum of eight parking spaces shall be provided for a model home or a temporary sales
office.
54. New regulations for Our department has been asked Add a provision to permit special RECREATIONAL COMPETITION, MOTORIZED
Special Events and to sign building permit applications events. Definitions should be Shall mean any
temporary buildings for tents and temporary structures provided for private special ,
i or structures (Tents) for events such as Ribfest, private occasion celebrations to Paces_nrraGeG nr GeMpe+i+inns in"nlviRg aRy other type nr form of mn+prized vohiolo
-�� _: __:::r__ _ '= e::; ~v using motorized vehicles for the purposes of
erected for a special backyard weddings, etc. I recognize weddings, birthdays, competition in.,nl„inn onnrF nn,-I,n+hnr,ronrno+innol on+i„ifie
event. Definition of anniversaries etc. The definition sport, entertainment or recreation, and may include tractor pulls, snowmobile races, motorcycle/moto-
PUBLIC SPECIAL j should be updated to remove cross events, and automobile races.
EVENT, PRIVATE j details that were specific to the
SPECIAL EVENT, temporary general provision. SPECIAL EVENT
and NOT-FOR- Definitions for Special Events Shall meaR aR 8VeRt,
open to the public will also be ,
provided for consistency with the sempetition.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 22
Proposed Zoning By-law Amendments
Item Zone Pro_vision_ Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (stFike_through)
PROFIT Special events are defined Special Events By-law.A "
ORGANIZATION to however, the corresponding definition of"Not-for-Profit Even.tts held en ene ppepeFty shall net eXGeed 68V8R (7) days OR a GaIeRdaF year eXGept
*R the case of-a.
be added. Definition General Provision was temporary Organization" is proposed which ,
j of RECREATIONAL and deleted on July 28, 1989. The is consistent with the definition of , in
COMPETITION to be new provision will provide "Charity" found in the Special of ne lenger than throe (3) days on ORe nr9n8rty in GaIeRdaF year°
modified and consistency with the By-law 2014- Events on Municipal Roads By-
renamed 020 for special events on private law. A regulation is proposed of NeWGastle, aRY School Beard eF aRY public autheFity ORG'udillg any Department ef the
RegioRal
MOTORIZED property. that would permit a charitable ,
RECREATIONAL j event on agricultural land.
COMPETITION G9mmi unity Gentres Act shall be deemed to be a r� �s
For consistency with Zoning By- SPECIAL EVENT, PRIVATE
°��
law 2005-109, special events
exclude a "Motorized Recreational Shall mean an event, the duration of which is temporary in nature, for the purpose of celebrating a
Competition". The definition of special occasion which is not open to the public and is not conducted for profit or gain.
"Recreational Competition" will be SPECIAL EVENT, PUBLIC
changed to match. The term Shall mean a cultural recreational educational or similar event including fairs festivals and
"Recreational Competition is not carnivals, the duration of which is temporary in nature. It is open to the public and may be
utilized elsewhere in Zoning By- conducted for profit and gain. The term special event shall not include a motorized recreational
law 84-63. competition.
NOT-FOR-PROFIT ORGANIZATION
Shall mean a registered charitable or registered not-for-profit organization that operates for
cultural, educational, or religious goals, social welfare, recreation, amateur sport or any other
similar community initiative for any purpose except profit.
3.239 SPECIAL EVENTS
a. Public Special Events are permitted:
i) On a lot owned by a public authority, school, college, university, or place of worship.
ii) Within a Zoological Park
iii) Within a Commercial or Industrial Zone
b. A private or public special event hosted by a Not-for-Profit Organization is permitted in all
lands, except those zoned Environmental Protection;
c. A private special event is permitted on any lot where a residential use exists and is permitted.
d. Regulations for Special Events:
i) A Special Event permit must be obtained from the Municipality, if applicable.
ii) The combined total duration of all special events held on one lot shall not exceed seven
days in a calendar year.
iii) In any Commercial or Industrial Zone, the parking area may be used for a special event
provided that the number of parking spaces remaining is not reduced below 75% of that
required by Section 3.16 for the commercial or industrial uses on the lot.
iv) Special events, where a permit has been issued by the Municipality are not subject to the
parking and loading space requirements set out in Sections 3.13 and 3.16.
v) A temporary building or structure is permitted provided it conforms to the setbacks set out
in Section 3.1 c.
vi) No Site Alteration is permitted.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 23
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion ( r.4e_+hre .eaH)
--
55. New provision for Currently refreshment vehicles The definitions from the MOBILE REFRESHMENT VEHICLE
Refreshment have been permitted by the Refreshment Vehicle By-law will Shall mean a vehicle used exclusively for the sale of prepared food and beverages, designed
and
Vehicles and Carts. Municipal Licensing By-law in be added to Section 2 with intended to move from one location to another on a regular basis and on short notice
and may
locations where the Zoning By-law modification to specify that food include facilities for cooking.
permits an eating establishment and beverages are offered for
provided the refreshment vehicle sale. STATIONARY REFRESHMENT VEHICLE
is at least 60 metres from another A list of licensed Refreshment Shall mean a vehicle used exclusively for the sale of pirepar-ed food and beverages, which may
eating establishment. The Vehicles was provided by the contain cooking facilities; must be parked or placed in a specific location in order to operate; and
Refreshment Vehicle By-law was Clerks Department. The although it may be moved at the end of the work day, or to various different locations on a daily
revised in February 2015 and the locations were reviewed to basis, it cannot close down and relocate on short notice.
Clerks Department recommended determine appropriate locations
in Report CLD-002-15 that staff to permit the use as of right. It is REFRESHMENT CART
initiate a zoning by-law proposed to add Shall mean any non-motorized vehicle used exclusively for the sale of prepackaged food and
amendment to: beverages, which does not include facilities for cooking.
�— Define refreshment vehicles as Mobile refreshment vehicles as a 3.3019 REFRESHMENT VEHICLES AND CARTS
• ere Gted ar+e+�/er
a type of land use only permitted use to the following a. A mobile refreshment vehicle and/or refreshment cart may be operated in
permitted where the zoning ' zone categories: Hamlet associationed with a special event, provided that all licenses and permits, required under the
specially permits it. Commercial (C3), Special Special Event and Refreshment Vehicle By-laws have been obtained.
Purpose Commercial (C4),
• Limit stationary refreshment Service Station Commercial (C6) b. A stationary refreshment vehicle shall only be located in a defined parking area,
vehicles as an ancillary land
use in certain commercial It is proposed to recognize c. The location of the stationary refreshment vehicle shall not reduce the minimum number
zones. This would restrict the existing mobile refreshment parking spaces.
refreshment vehicle to lands I vehicles in the General
i with an established commercial Commercial (Cl) Zone for 181 Add to Sections 18.1 b. xiv) 19.1 b. xfx) and 21.1 b iv) (C3 C4 and C6 Zones):
use. King Street East (Jr's Handmade Stationary Refreshment Vehicle as an accessory use to a permitted use.
Sourdough & Hanc's Friews), 205
• Provide for refreshment King Street East, Bowmanville Add to Sections 16.1 b. xxviii), 16.5.35 b. xx), and 22A.4.2 a. i), 7 b. (C1, C1-35, C8-2, RC)
vehicles on lands where a (Chipmonks), 34 King Avenue Stationary Refreshment Vehicle provided the property was identified in a Stationary Refreshment
special event is being held East, Newcastle (Wingmees), Vehicle licence issued by the Municipality prior to [insert the date of the passing of By-law 2015-
122 King Street East OXX] and the property has continuously been identified in an annual Stationary Refreshment
• Provide for eshm fathering" of Bowmanville (My F Word), Vehicle licence issued by the Municipality since that date.
existing refreshment vehicle General Commercial Exception Revise SeGtoon 18.4.6 as follows:
sites. (C1-35) zone located at 1540
Highway 2, Courtice (Stuttering 48.4:.-HAMLET COMAEDCinL EXCEPTION DTI P
(Ga 6) ZnnG
NetwithstandiRg SeGtion 18.1, these lands zened G3 6 en the SGhedules to this By law may in addition to
Johns) and in the Large Format 'uses Commercial Exception (C8-2) 'and Zone (GJ Grill on Wheels located establishment;
at Canadian Tire), Rural Cluster passing of By-law 2015-OXX] and the property has rentinuously been identified On an annual
(RC) Zone (1406 Taunton Road, Stationary Refreshment VehiGle !ArenGe issued by the MuniGipality sinGe that date. The plaGernent
Hampton (Speedy Spudz)
Revise the Hamlet Commercial Revision to Section 18.4.6 was determined to be unnecessary as the current exception permits
Exception (C3-6) Zone to uses permitted in the C3 Zone. The use of a Stationary Refreshment Vehicle is being added to the
recognize the only existing
Stationary Refreshment Vehicle C3 Zone.
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 24
Proposed Zoning By-law Amendments
Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-through)
located at 2363 Taunton Road
(Nofty's Chips), currently zoned
Rural Cluster RC. The
refreshment vehicle at this
location has been licensed since
1980.
It is assumed that refreshment
carts will operate on municipal
boulevards which would not be
subject to the zoning by-law.
A General Provision is proposed
which would permit mobile
refreshment vehicles and
refreshment carts to operate in
association with a special event.
The General Provisions will also
restrict the location to a parking
area
56. Add Long Term Care Long Term Care Facilities and Add Long Term Care Facility and 15.1 a. Residential Uses
Facility and Retirement Homes are similar in Retirement Home to Section 15.1 ii) Long Term Care Facility
Retirement Home to building form to apartment a. iii) Retirement Home
the Urban buildings which are permitted
Residential Type within the Urban Residential Type Replace the term Nursing Home Replace the term "Nursing Home" with "Long Term Care Facility" in Section 14.6.26 b.
ii) and c.; 12.4.3;
Four (R4) Zone Four (R4) Zone. It would be with Long Term Care Facility in 12.4.26; 15.4.20 a., b.iv) and c.; 15.4.25 a.; 15.4.32; ; 16.1 b.xii); 16.5.38 b.ii)
appropriate to add the uses to this the relevant zone categories and
zone category. exception zones.
57. Replace "Bakery Replace the term "Bakery shop" with "Bakery" in Section 16.1 b. ii)
shop" with
"Bakery"
58. Delete the regulation The regulation contained in Delete Section 16.1 c. G. HOLDING ZONE wheFe the zone symbel shown en a SGhedule te this By law is pFeGeded
by the lette
for the Holding Zone Section 16.1 c. is redundant as the (H) the use of the lands shall be limited te dwelling units existing at the date ef passing ef the By law.
The
in the General requirement is covered by the (H) Holding symbel may be removed upon GeURGil being satisfied that the uses to be permitted will be
Commercial (Cl) General Provision for a Holding nor Vde d 4,7T
Zone Zone in Section 3.11
Note: Text that is highlighted in yellow are proposed revisions since the June 22, 2015 Public Meeting. Page 25
Attachment 2 to
Municipality of Clarington PSD-042-15
Proposed Zoning By-law Amendments — Notice for September 14, 2015 Public Meetingj
Item j� Zone Provision Issue
Proposed Solution ! Proposed Modification (in bold) & Proposed Deletion (stroke-*gin)
1. General This Zone applies primarily to the Add a regulation that would I Add the following regulation to 16.2 REGULATIONS FOR RESIDENTIAL USES Section
Commercial (Cl) core areas of Bowmanville, prevent dwelling units from
Zone Newcastle and Orono. It currently establishing within a storefront. c. Dwelling units may be permitted in the rear portion of the ground floor, or on the
second floor or
permits dwelling units to be above. Where a dwelling unit occupies a portion of the ground floor, a permitted non-residential
established in buildings that use must occupy all of street facing portion of the building.
contain a permitted non-residential
i
use. It does not specify the
location within a building for
i residential uses. It is possible for j
a store front to be converted into a
residential use.
2. Home Occupation The number of children cared for The issues will be resolved by Adult Home Care
has been questioned-in the past. implementing a similar format to I Shall mean a home occupation that provides temporary care and companionship to senior citizens and/or
The Day Nurseries Act does not what is provided for in Zoning By- 1 adults with disabilities on a regular basis for a continuous period not exceeding 24 consecutive
hours;
include children residing in a home law 2005-109. The definitions of
to be included in the number of `Adult Home Care" "Caterer" Caterer
children cared for. "Children's Home Care" "Home ! An establishment in which meals are prepared and delivered for consumption off the premises. The term
Craft" "Home Occupation" "Light caterer does not include an eating establishment.
Teaching of art or craft has been Equipment""Pet Home Care"
interpreted as individual instruction j and "Light Equipment Service" Children's Home Care j
and includes recreational will be added to Section 2. Shall mean a home occupation that provides temporary care and education of children on a regular basis
activities. The purpose of limiting and for continuous periods not exceeding 24 consecutive hours;
instruction to individuals is to
prevent parking issues associated Home Craft j
with larger groups. Shall mean the crafting of 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.
Esthetician services have been
interpreted as similar to Home Occupation
hairdressing and should be Shall mean an occupation or business that is carried on in accordance with all provisions of this By-law,
clarified in the definition. within a dwelling as accessory to a permitted residential use.
Catering has been interpreted as I Light Equipment
permitted Hand tools, small power tools, portable equipment, and machinery containing a small engine, such as air
compressors, augers, automotive tools, cleaning equipment, light compaction equipment, concrete and
A number of homeowners i masonry equipment, floor and carpet tools, gasoline generators, chain saws,jacks and hydraulic
j conduct small-scale pet sitting ! equipment, lawn and garden tools, ladders, moving equipment, painting and decorating equipment, j
or grooming home businesses pumps, scaffolding, welding equipment, sporting equipment, party supplies, and other similar tools and
j with no greater impact than j accessories.
! hairdressing or the maximum i
number of pets permitted by the Light Equipment Service
Responsible Pet Owners By-law j An establishment where light equipment is serviced or repaired.
2013-024.
Note: Text displayed in italics are proposed changes subject to the Notice of Public Meeting issued for the Public Meeting on June 22, 2015. Text displayed in bold are proposed
changes subject to the
Notice of Public Meeting for the Public Meeting on September 14, 2015. Text displayed in strikeout is existing text from Zoning By-law 84-63 that is proposed to be deleted.
Attachment 2 to
Municipality of Clarington PSD-042-15
................................... .................-T ........_.____..____........ ..................... ............... ......... ......
............................. ........... .............
Pet Home Care
Shall mean a home occupation that provides temporary care, grooming and training of dogs or
cats for continuous periods not exceeding 24 consecutive hours.
HOME OCCUPATION
Shall Fnean aR E)GGUpat'eR whiGh is GaFried OR, aGGGFdaRGe with the pFGVRS;GRS Of the by law, as an
thin
aGGesseFy use. !RVelvemeRt in a hGme GGG61pation is limited to the members of the family FesidiRg i
dwelling unit plus a maximum ef ene additiGRal peFSE)R.
For the purposes E)f this by law, herne GGGUpatien shall be limited te: prefessional er adMiRistrative GffiGeS;
prEAUGtiGR repair and retail sale ef antiques, aft, GFa#, eF hobby items; the teaGhiRg of art Or Gra# relatpd
skills;the repair of small househeld applianGes;babysitting er day n Wed that ne moFe than a
w 1
total E)f five GhildFen, six years of age or yGunger, are aG-GGFnrnc)dated at ORe tirne; and a baFber sho '
P
haiFdressiRg establishment, A barber shep,-G�r hairdFessing establishFneRt shall GRly be Gensidered a home
GGGUpa OR where it is Garried on by merribers of the family resid.R9 in the dwelling and where no additional
peFSGR is erripleyed.
3.12 HOME OCCUPATION
a. Permitted Uses
i) adult home care;
business, professional or administrative office;
W) caterer;
iv) children's home care;
v) home craft business,
vi) instructional service for an individual;
vii) light service shop;
viii) personal service;
ix) pet home care; and
x) repair and retail sales of antiques.
b. Excluded Uses
i) furniture StFipping refinishing;
light equipment service;
iii) motor vehicle body shop;
iv) motor vehicle repair garage; and
v) retail sales, with the exception of antiques and home craft products.
c. Regulations
The following regulations apply to dwelling units wherein a home occupation is permitted.-
vi) The home occupation is limited to the members of the household residing in the dwelling unit,
__� _ __ _ _ _' _L plus one additional person.
Note: Text displayed in italics are proposed changes subject to the Notice of Public Meeting issued for the Public Meeting on June 22, 2015. Text displayed in bold are proposed
changes subject to the
Notice of Public Meeting for the Public Meeting on September 14, 2015. Text displayed in strikeout is existing text from Zoning By-law 84-63 that is proposed to be deleted.
i
Attachment 2 to
Municipality of Clarington PSD-042-15
ii) There shall be no display, other than a sign erected in conformity with the By-laws of the Municipality,
to indicate to persons outside that any part of the dwelling unit or lot is being used for a purpose other
than residential.
iii) Such home occupation shall be clearly secondary to the main residential use and shall not change the
residential character of the dwelling unit nor create or become a public nuisance due to the levels
I
traffic, parking, noise glare, dust, odours, or vibration and hours of operation.
iv) Such home occupation shall not interfere with communication signals.
vii) Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used
for the purposes of the home occupation use except in the case of a "Bed and Breakfast or
Vacation Farm Establishment"and such home occupation shall be conducted within the
principal residence.
vi) Parking shall be provided in accordance with Section 3.16.
viii) - There shall be no outside storage of goods or materials associated with a home occupational
use.
j viii) An adult home care may accommodate a maximum of five adults that do not reside in the dwelling at
j one time. The rear yard of the dwelling may be used as accessory to the adult home care
establishment.
ix) A children's home care may accommodate a maximum of five children, not including the
owner's children. The rear yard of the dwelling may be used as accessory to the children's
home care.
x) A pet home care may accommodate a maximum of three dogs, including the owner's dogs.
! j The rear yard of the dwelling may be used as an accessory to the pet home care.
jA) The rear yard of the dwelling may be used as an accessory to the instructional service of an
individual.
3. Holding Zone Section 3.11 includes a provision I Delete the portion of the section 3.11 HOLDING ZONE j
which indicates when a (H) which speaks to the criteria for Unless otherwise specified within the respective zone regulations, where the zone symbol shown on a
Holding Symbol may be removed. removing a (H) Holding Symbol. j Schedule to this By-law is preceded by the letter (H), until such time as the (H) symbol is removed
Similar policies are contained in Revise the balance of the section from the land by amendment to this By-law, no land shall be used and no building or structure
Section 23.4.3 of the Municipality for consistency with the Oak shall be constructed, enlarged, or used for any purpose other than for the purpose of continuing
of Clarington Official Plan. The ; Ridges Moraine Zoning By-law the existing use, or for the purpose of conservation. the use of the lands shall be r,,,i+od to existing
conditions for lifting an (H) symbol 2005-109. Fesidential w6es, and Genservatien, ferestpy,
are a policy issue for the Official existed at the time the ZE)R*Rg By law was ameRded to apply the (H) Helding Symbel. The (H) Holding
i
Plan. This change brings the By-
I
law into conformity with the Official ( adequate '
Plan. This section should only ! , prier uses of W'fl net pFevent the use of
that the lands and pF()peE;ed uses will be adequately
detail what uses are permitted PFGteGted frern any physiGal er man made hazard GF Genditions aGGeGiated with the lands,
while the (H) Holding Symbol is , have been eX8Guited
applied to lands. with the MuniGipality of Glaringten and the QwneF has,satisfied all ef the requirements of the Regional
MuniGipality of DuFharn with FeE;peGt te the p ef sewer and water 6eFViGes and Regional reads a
entered in+e any nenessary agFeements in +hic regaFd
Note: Text displayed in italics are proposed changes subject to the Notice of Public Meeting issued for the Public Meeting on June 22, 2015. Text displayed in bold are proposed
changes subject to the
Notice of Public Meeting for the Public Meeting on September 14, 2015. Text displayed in strikeout is existing text from Zoning By-law 84-63 that is proposed to be deleted.
Attachment 3 to
Municipality of Clarington Report PSD-042-15
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2015-
being a By-law to amend Zoning By-law 84-63.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By-law 84-63 is amended as set out in Sections 2 through 72 of this By-law.
2. Section 2 - DEFINITIONS, is amended as follows:
a) The following definitions are deleted: "FAMILY", "GROUP HOME", "KENNEL,
COMMERCIAL", "KENNEL, PRIVATE", "NURSING HOME", "SENIOR
CITIZENS' APARTMENT BUILDING", and "SPECIAL EVENT".
b) The following definitions are added:
ADULT HOME CARE
Shall mean a home occupation that provides temporary care and
companionship to senior citizens and/or adults with disabilities on a regular
basis for a continuous period not exceeding 24 consecutive hours.
CATERER
Shall mean an establishment in which meals are prepared and delivered for
consumption off the premises. The term caterer does not include an eating
establishment.
CHILDREN'S HOME CARE
Shall mean a home occupation that provides temporary care and education
of children on a regular basis and for continuous periods not exceeding 24
consecutive hours.
CLUB HOUSE FACILITY
Shall mean a facility accessory to a golf course or a private club which may
include uses such as a pro-shop, snack bar, banquet facility and a
lounge/recreation area.
CONVENTION CENTRE
Shall mean an establishment having facilities for meetings, seminars,
exhibitions, workshops, and other similar activities to serve participants but
does not include sleeping accommodations.
CONDOMINIUM
Shall mean a building or grouping of buildings in which units are held in
private ownership and floor space, facilities and/or outdoor areas used in
common are owned, administered and maintained by a corporation created
pursuant to the provisions of the appropriate statute.
CONDOMINIUM, COMMON ELEMENT
Shall mean spaces and features owned in common by all shareholders in a
condominium and may include common element roadways, walkways,
sidewalks, parking and amenity areas.
CONDOMINIUM, COMMON ELEMENT ROADWAY
Shall mean a right-of way for vehicular access that is privately maintained by
a corporation created pursuant to the provisions of the appropriate statute.
CREMATORIUM
Shall mean a building or structure fitted with appliances for the purpose of
cremating human remains under the Funeral, Burial and Cremation Services
Act, as amended. Ancillary uses may include a chapel or other operational
functions related to a cemetery.
DWELLING, LINKED
Shall mean a building constructed to be separated vertically into two
separate dwelling units, connected underground by footing and foundation,
and does not share a common wall above ground, each of which has an
independent entrance directly from the outside of the building and each of
which is located on a separate lot.
ENERGYINDUSTRY
Shall mean an establishment that focuses on the development,
commercialization and/or demonstration of energy products and services,
including assembly, manufacturing, fabricating or processing activities that
are not offensive by reason of the amount of noise, smoke, odour, emissions,
or vibration produced, but not including a recycling facility, material sorting or
dismantling, a waste management or processing facility, or a waste
incineration facility are excluded.
Page 12
I
ENERGY RELATED:
Shall mean a use within a building or structure that is directly involved in the
administration, distribution, research and development, testing or production
of energy and energy related products.
ESTABLISHMENT
Shall mean a building, structure and/or area of land within or on which any
activity referred to in this By-law is conducted.
FITNESS CENTRE
Shall mean an establishment that provides facilities for recreational or athletic
activities, including but not limited to body-building and exercise classes.
FLEA MARKET
Shall mean an establishment for occasional or periodic sales activity where
floor space is rented or licenced to ten or more individual sellers offering
goods, new and used, and where the space allocated to each individual
seller is not physically separated by walls which extend from the floor to
ceiling from the space allocated to other individual sellers.
GOLF DRIVING RANGE
Shall mean an outdoor facility operated for the purpose of developing golfing
techniques, including miniature golf, but excluding golf courses.
GOLF DRIVING RANGE, INDOOR
Shall mean an enclosed facility operated for the purpose of developing
golfing techniques but excludes golf courses.
HOME CRAFT
Shall mean the crafting of small items that are made by hand or with the use
of small tools.
KENNEL
Shall mean a building or structure within which four or more dogs or cats are
being bred, kept or boarded for profit and includes any associated lands.
LANE, PUBLIC
Shall mean a street or road under the jurisdiction of the Corporation of the
Municipality of Clarington, having a right of way width of 10 metres or less
which is maintained so as to allow normal vehicular access to garages and
parking spaces on adjacent properties throughout all seasons of the year.
LIGHT EQUIPMENT
Shall mean hand tools, small power tools, portable equipment, and
machinery containing a small engine, such as air compressors, augers,
automotive tools, cleaning equipment, light compaction equipment, concrete
and masonry equipment, floor and carpet tools, gasoline generators, chain
saws, jacks and hydraulic equipment, lawn and garden tools, ladders, moving
equipment, painting and decorating equipment, pumps, scaffolding, welding
Page 13
equipment, sporting equipment, party supplies, and other similar tools and
accessories.
LIGHT EQUIPMENT SERVICE
Shall mean an establishment where light equipment is serviced or repaired.
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,
which may be furnished but not occupied as a residence while being used.
MINIMUM DISTANCE SEPATARTION FORMULAE
Shall mean a guideline established by the Province to minimize nuisance
complaints due to odour and thereby reduce potential land use conflicts by
determining appropriate separation between livestock and manure storage
facilities and neighbouring non-agricultural uses, including residential,
institutional, industrial, commercial, or recreational uses.
MOBILE REFRESHMENT VEHICLE
Shall mean a vehicle used exclusively for the sale of food and beverages,
designed and intended to move from one location to another on a regular
basis and on short notice and may include facilities for cooking.
NOT-FOR-PROFIT ORGANIZATION
Shall mean a registered charitable or registered not-for-profit organization
that operates for cultural, educational, or religious goals, social welfare,
recreation, amateur sport or any other similar community initiative for any
purpose except profit.
PARKING STRUCTURE
Shall mean a part of a building which is provided and maintained for the
purpose of parking vehicles, and may include parking spaces, parking aisles
and access ramps, common areas for stairs and elevators, storage areas for
tenants, and mechanical rooms.
PET HOME CARE
Shall mean a home occupation that provides temporary care, grooming and
training of dogs or cats for continuous periods not exceeding 24 consecutive
hours.
REFRESHMENT CART
Shall mean any non-motorized vehicle used exclusively for the sale of
prepackaged food and beverages, which does not include facilities for
cooking.
RESEARCH AND DEVELOPMENT FACILITY
Shall mean an establishment used for the purpose of conducting pure and
applied research and experimentation and includes such facilities as
administrative offices, laboratories, lecture rooms, display rooms, pilot units,
f
Page 14
simulating equipment and the like and service and machine shops to serve
the research and development facility.
SITE ALTERATION
Shall mean activities such as filling, grading and excavation that would
change the landform and natural vegetative characteristics of land, but does
not include.
a. the construction of facilities for transportation, infrastructure and
utilities uses, by a public body; or
b. activities or works under the Drainage Act; and
C. the carrying out of agricultural practices, on land that continues to
be used for agricultural uses.
SPECIAL EVENT, PRIVATE
Shall mean an event, the duration of which is temporary in nature, for the
purpose of celebrating a special occasion which is not open to the public and
is not conducted for profit or gain.
SPECIAL EVENT, PUBLIC
Shall mean a cultural, recreational, educational or similar event including
fairs, festivals and carnivals, the duration of which is temporary in nature. It is
open to the public and may be conducted for profit and gain. The term
special event shall not include a motorized recreational competition.
STATIONARY REFRESHMENT VEHICLE
Shall mean a vehicle used exclusively for the sale of food and beverages,
which may contain cooking facilities; must be parked or placed in a specific
location in order to operate; and although it may be moved at the end of the
work day, or to various different locations on a daily basis, it cannot close
down and relocate on short notice.
TEMPORARY SALES OFFICE
Shall mean a mobile home or a permanent building, including a model home,
used exclusively by a realtor, builder, developer or contractor on a temporary
basis for the sale, display and marketing of residential lots and dwellings
within a draft approved subdivision or condominium plan.
VISIBILITY TRIANGLE
Shall mean a triangular-shaped area of land abutting an improved public
street, public lane, or private street that is required to be kept free of
obstructions that could impede the vision of a pedestrian or the driver of a
motor vehicle exiting onto or driving on the improved public street or private
street.
c) By replacing the titles of the following definitions as set out below:
"PARKING SPACE, DISABLED PERSONS" with "PARKING SPACE,
ACCESSIBLE";
"LAUNDRY, COIN OPERATED" with "LAUNDRY"; and
i
Page 15
"RECREATIONAL COMPETITION" with "RECREATIONAL COMPETITION,
MOTORIZED".
d) By replacing the following definitions as set out below:
"APARTMENT BUILDING
Shall mean a separate building containing 4 or more dwellings which have a
common entrance from street level and the occupants of which have equal
rights to the use of all common halls, stairs, elevators, yards, and amenity
areas.
BOARDING OR ROOMING HOUSE
Shall mean a building in which more than 2 and less than 6 bedrooms
intended for use as separate living accommodations, without kitchen
facilities, are rented. Shared bathroom, kitchen and living facilities may be
provided. The building may include a dwelling unit for the proprietor and/or
his agent.
DWELLING
Shall mean two (2) or more habitable rooms, designed or intended for use by
one household, in which sanitary facilities and one kitchen are provided for
the exclusive use of the household, in which a heating system is provided,
and, which has a private entrance from outside the building or from a
common hallway or stairway inside the building. For the purposes of this By-
law a dwelling does not include a tent, trailer, mobile home, or a room or
group of rooms in a boarding or rooming house, a hotel, motel, motor hotel or
camping establishment. For the purpose of this definition, dwelling shall also
mean dwelling unit.
DWELLING DUPLEX
Shall mean the whole of a building that was constructed with vertical or
horizontal dividing walls, creating two separate dwellings, each of which has
an independent entrance either directly from the outside or through a
common vestibule.
DWELLING, SEMI-DETACHED
Shall mean a building constructed to be separated vertically into two
separate dwelling units, connected by a common wall above and below
ground, each of which has an independent entrance directly from the outside
of the building and each of which is located on a separate lot.
But does not include a dwelling unit to be erected next to or added onto an
existing single detached dwelling.
EATING ESTABLISHMENT
Shall mean an establishment where prepared food and beverages are j
offered for sale to customers.
Page 16
EATING ESTABLISHMENT, TAKE-OUT
Shall mean an eating establishment where tables and/or counters for the use
of customers are not provided.
HOME OCCUPATION
Shall mean an occupation or business that is carried on within a dwelling as
an accessory to a permitted residential use.
LANDSCAPED OPEN SPACE
Shall mean the open unobstructed space from ground to sky at finished -
grade on a lot which is used exclusively for landscaping, and includes any
surfaced walk, patio, deck or similar area no more than 200 mm above
finished grade, at its highest point, but does not include any driveway or
ramp, whether surfaced or not, any curb, retaining wall, parking area or any
open space beneath or within any building or structure.
LAUNDRY
Shall mean a commercial establishment where the service of laundry
cleaning, using only water, detergents and additives, is made available to the
public.
LOT COVERAGE
Shall mean that percentage of the lot area at finished grade covered by all
buildings or structures. An outdoor swimming pool; and a patio or deck no
more than 200 mm above finished grade, at its highest point; shall not be
considered as a structure for the purpose of calculating lot coverage. Where
a lot is divided into more than one zone, the lot coverage in each zone shall
be calculated as it applies only to that portion of the lot that is located within
the specific zone.
LOTFRONTAGE
The minimum straight-line distance between the side lot lines measured
along the front lot line of a lot. Where the front lot line is not a straight line or
where the side lot lines are not parallel, the lot frontage is measured along a
line parallel to the chord of the lot frontage and set at 6 metres from the front
lot line. The chord of the lot frontage is measured as a straight line joining the
points where each side lot line intersects the front lot line.
Page 17
FIGURE 4: DETERMINING LOT FRONTAGE
pRjv9?'E�EP/
.\ lj�� $O4D
A
BUILDING
REQUIRED FRONT YARD SETBACK
RECREATIONAL COMPETITION, MOTORIZED
Shall mean any competition involving sport and other recreational activities
using motorized vehicles for the purposes of entertainment or recreation, and
may include tractor pulls, snowmobile races, motorcycle/moto-cross events,
and automobile races.
RETIREMENT HOME
Shall mean a residential facility, licensed by the Retirement Home Regulatory
Authority, that provides accommodation in suites primarily for retired persons
or couples. Such suites shall not have a stove or range and shall have
separate entrances from a common hall. Common facilities for the
preparation and consumption of food are provided. Common lounges,
recreation rooms, medical care facilities and ancillary uses such as a beauty
salon, barber shop or tuck shop may also be provided.
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Page 18
e) By adding the following figure to the definition of ESTABLISHED BUILDING
LINE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES:
FIGURE 1: DETERMINING ESTABLISHED BUILDING LINE
STREET/PRIVATE ROAD
AVERAGE SETBACK
REQUIRED q
-- --
------ -- -- FRONT
YARD a
SETBACK
H
ESTABLISHED/EXISTING W
BUILDINGS
f) By adding the following figure to the definition of HEIGHT OF BUILDING
FIGURE 2: DETERMINING HEIGHT OF A BUILDING OR STRUCTURE
1 FLAT ROOF
FRONT i W GRADE SIDE
�PG
RIDGE
'i2 EAVE---- EAVE HIP ROOF
C7WC7 OR
FRONT SIDE GABLE ROOF
GRADE
RIDGE
ROOF DECK LINE -'
-----T-----
�' EAVE MANSARD ROOF
U' OR
FRONT GRADE SIDE GAMBREL ROOF
RIDGE
1/2 ir--------- EAVE
1/2 SALT BOX ROOF
--- SAVE
FRONT i SIDE
GRADE
Page 19
g) By adding the following figure to the definition of LOT, CORNER:
FIGURE 3: DETERMINING A CORNER LOT
STREET/PRIVATE ROAD
STREET LINE
�s
BUILDING �
vp
h) By adding the following figure after the definition of YARD:
FIGURE 5: TYPES OF YARDS
STREET/PRIVATE ROAD
EXTERIOR SIDE LOT LINE
EXTERIOR
SIDE YARD W 0
OREAR BUILDING i FRONT Q
YARD YARD a
a i INTERIOR i 0 W
SIDE YARD
INTERIOR SIDE LOT LINE Con
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3. Sections 3.1 c., d., e. and g. are replaced as follows:
3.1 c. Regulations —Accessory Buildings, Structures and Uses table provides
regulations for accessory structures. Where a zone category is not identified in the
table, the accessory building/structure and use shall comply with the parent zone
regulations where specified.
Page 110
I
REGULATIONS -ACCESSORY BUILDINGS,STRUCTURES AND USES
Type of Total Lot Total Height
Yard Setbacks
Structure coverage accessory (max)
(max) FloorArea Front Rear Interior Exterior
(max) Side Side
a,
120 m2 with a 3 metres with 1.2 m
minimum lot a floor area
e °r
equal to or
area of 2 less than 10 0 m to a
Accessory hectares common Zone Building or 10%of lot area m 2 Regulation 1.2 m wall with a Regulation
Structure g0 m 2 with a detached
lot area less with metres garage on
than 2 with a floor
area greater an abutting
hectares than 10 m2 lot
Swimming Not Applicable Not Not Zone
Pool pp Applicable Applicable Regulation 1.2 m 1.2 m 1.2 m
Re��der�ti ��Q ��� � � � � � 2
t2r;.,. 2s��°�,d �GSS ` ^° :'3� r;, ",'�' ',.va
0.6 m
3 metres with a Accessory 0.6 m
floor area equal Buildings or 6.0 m from
to or less than Not Om to a the streetline
Accessory 10 m2 Permitted common
Building or 10%of lot area 60 m2 0.6 m wall with a detached
Structure 4 metres with Accessory detached garage with
a floor area Structures garage on
greater than Zone an abutting a garage
10 m2 Regulation lot door facing
the exterior
side yard.
Swimming Not Applicable Not Not Not
Pool pp Applicable Applicable Permitted 1.2 m 1.2 m 1.2 m
50%of 3 metres with
ground floor a floor area
area of a less than
10m
2 Nt Zone
All uses Not Applicable principal Permitted 1.2 m 1.2 m Regulation
building to a 4.5 metres
maximum of with a floor
60 m2 area greater
than 10m2
Page 111
4. Section 3.1 j. iv) is replaced as follows:
"Balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached
or directly abutting the principle or main building; either above or below grade; may
project into any required front, side, or rear yard to a distance of not more than 1.5
metres, but in no instance shall a required side yard be reduced to below 0.6 metres;
5. Section 3.1 j. vi) is replaced as follows:
Fences, freestanding walls, flag poles, clothes poles, diving boards, antennae,
light standards, and similar accessory structures and appurtenances, and hedges,
trees, and shrubs are permitted in accordance with Section 3.27.
6. By deleting Section 3.4 (DWELLING UNITS BELOW GRADE) and renumbering
the remaining sections.
7. By replacing Section 3.9 FRONTAGE ON IMPROVED PUBLIC STREET,
UNASSUMED ROAD AND PRIVATE RIGHT-OF-WAY as follows:
a. Improved Public Street
No building or structure shall be erected in any Zone, unless the lot fronts
upon an improved public street, maintained year round.
b. Unassumed Street
Buildings or structures are permitted on an unassumed street provided they
are on a lot in a Registered Plan of Subdivision.
C. Private Right-of-Way
i) A building or structure constructed prior to the date of the passing of this
By-law that is not located on an improved public street, or is located on
a private right-of-way, may be enlarged, altered or renovated and an
accessory structure may be constructed, provided the use is permitted
in the zone in which it is located.
i
ii) A building permit may be issued for a lot created prior to the date of the
passing of this By-law for a lot that has access to a private right-of-way
provided the use is permitted in the zone in which it is located.
d. Private Street
A building or structure may be permitted on a lot which has frontage on a
Private Street where such Private Street existed at the date of passage of
this by-law, or where such street is shown on a site plan approved under the
Planning Act.
Page 112
8. By replacing Section 3.11 HOLDING ZONE as follows:
"Unless otherwise specified within the respective zone regulations, where the zone
symbol shown on a Schedule to this By-law is preceded by the letter (H), until such
time as the (H) symbol is removed from the land by amendment to this By-law, no
land shall be used and no building or structure shall be constructed, enlarged, or
used for any purpose other than for the purpose of continuing the existing use, or
for the purpose of conservation."
9. By replacing Section 3.12 HOME OCCUPATION as follows:
"3.12 HOME OCCUPATION
a. Permitted Uses
i) adult home care;
ii) business, professional or administrative office;
iii) caterer;
iv) children's home care;
v) home craft business;
vi) instructional service for an individual;
vii) light service shop;
viii) personal service;
ix) pet home care; and
x) repair retail sales of antiques.
b. Excluded Uses
i) furniture refinishing,
ii) light equipment service;
iii) motor vehicle body shop;
iv) motor vehicle repair garage; and
v) retail sales, with the exception of antiques and home craft products.
C. Regulations
The following regulations apply to dwelling units wherein a home occupation
is permitted:
i) The home occupation is limited to the members of the household
residing in the dwelling unit, plus one additional person.
ii) There shall be no display, other than a sign erected in conformity with
the By-laws of the Municipality, to indicate to persons outside that any
part of the dwelling unit or lot is being used for a purpose other than
residential.
iii) Such home occupation shall be clearly secondary to the main
residential use and shall not change the residential character of the
dwelling unit nor create or become a public nuisance due to the levels
traffic, parking, noise, glare, dust, odours, or vibration and hours of
operation.
iv) Such home occupation shall not interfere with communication signals.
Page 113
v) Not more than twenty-five (25) percent of the total floor area of the
dwelling unit shall be used for the purposes of the home occupation use
except in the case of a Bed and Breakfast or Vacation Farm
Establishment and such home occupation shall be conducted within the
principal residence.
vi) Parking shall be provided in accordance with Section 3.16.
vii) There shall be no outside storage of goods or materials associated with
a home occupational use.
viii) An adult home care may accommodate a maximum of five adults that
do not reside in the dwelling at one time. The rear yard of the dwelling
may be used as accessory to the adult home care establishment.
ix) A children's home care may accommodate a maximum of five children,
not including the owner's children. The rear yard of the dwelling may be
used as accessory to the children's home care.
x) A pet home care may accommodate a maximum of three dogs,
including the owner's dogs. The rear yard of the dwelling may be used
as an accessory to the pet home care.
xi) The rear yard of the dwelling may be used as an accessory to the
instructional service of an individual."
10. By replacing Section 3.14 MULTIPLE ZONES ON ONE LOT as follows:
"Where a lot is divided into more than one zone, under the provisions of this By-
law, each separately zoned portion of the lot shall be used in accordance with the
use provisions for the applicable zone. All buildings, structures and uses shall
conform to the applicable zone regulations for that zone as if each separately
zoned portion was a lot. However,
a. no lot shall have more than one dwelling on the whole of the lot except as
specifically permitted by this By-law; and/or
b. where this By-law limit divides a property, provided the use of that portion of
the lot conforms, this By-law limit shall not be a zone limit for defining yard
setbacks, except for the setback requirements of Section 3.21."
11. The title of Section 3.16 b. is replaced with "Accessible Parking Spaces".
12. Section 3.16 b. i) is replaced as follows:
'Each accessible parking space shall be a minimum 4.5 metres wide and 5.7
metres long. When paired, the width can be reduced to 3.4 metres, provided a 1.5
metre access aisle is located between the paired spaces."
13. Section 3.16 c. is replaced.as follows:
C. Parking Space Sizes
i) Each parking space shall be a minimum of 5.7 m by 2.75 m.
ii) Where the two outdoor parking spaces for single detached, semi-
detached and/or townhouse units are provided side by side the
combined minimum width of the two spaces may be reduced to 4.6 m.
Page 114
iii) Parking spaces provided in the front yard for detached, semi-detached
and/or townhouse units must not reduce the minimum landscaped open
space within the front yard below 30 percent.
iv) Parking space size perpendicular to a landscaping strip having a
minimum width of 3.0 metres may be reduced in size to 5.2 metres in
length by 2.75 metres in width.
14. Section 3.16 e., "Parking Space Requirement Table" Residential (i) is replaced as
follows: .
Apartment, Four-plex, Six-plex, or 1 Bedroom Apartment- 1 space per unit.
Converted Dwelling House 2 Bedroom Apartment - 1.25 spaces per unit.
Apartment containing 3 or more bedrooms, four-plex,
converted dwelling or triplex house - 1.5 spaces per
unit.
Plus 0.25 visitor spaces per dwelling, 10 % of which
are to be accessible parking spaces.
15. Section 3.16 e., the "Parking Space Requirement Table" Residential (ii) is
amended by replacing the term "Boarding or Lodging House" with "Boarding or
Rooming House"; deleting the word "guest" after the word "per"; and adding the
words "provided for separate living accommodation" after the word room.
16. Section 3.16 e., the "Parking Space Requirement Table" is amended by replacing
Residential (iv) as follows:
"(iv) Linked Townhouse Two parking spaces per dwelling
and Stacked Townhouse
Plus 0.25 visitor spaces per dwelling, 10% of which are to be accessible parking
spaces".
17. Section 3.16 e., the "Parking Space Requirement Table" Residential (v) is amended
by adding the words "or Garden Suite" after "Apartment-in-house"
18. Section 3.16 i. iv) is amended by replacing the words "a front, interior side or rear"
with the word "any" before the word "yard".
19. Section 3.16 k. is amended by deleting the words "In addition to the foregoing
provisions" in the first line; and by adding the words "unrelated to a farm use" after
the word "vehicles," in the second line of the third paragraph.
Page 115
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20. By adding the following Section and renumbering the remaining sections:
"3.19 REFRESHMENT VEHICLES AND CARTS
a. A mobile refreshment vehicle and/or refreshment cart may be operated in
association with a special event, provided that all licenses and permits,
required under the Special Event and Refreshment Vehicle By-laws have
been obtained.
b. A stationary refreshment vehicle shall only be located in a defined parking
area.
C. The location of the stationary refreshment vehicle shall not reduce the
minimum number parking spaces."
21. Section 3.21 c. is replaced as follows:
d. No residential, institutional, industrial, commercial or recreational use, located
on a separate lot otherwise permitted by this By-law shall be erected or
enlarged unless it complies with the Minimum Distance Separation Formulae.
e. No livestock facility shall be erected or enlarged unless it complies with the
Minimum Distance Separation Formulae.
f. Subsection d. shall not apply to a residential building constructed on an
existing lot or a lot within a registered plan of subdivision.
g. Subsection e. shall not apply to a livestock facility located within the limits of
a settlement area.
22. Section 3.21 d. is replaced as follows:
No residential or institutional use shall be located closer than 30.0 metres from any
railway property line.
23. By adding the following Section:
"3.23SPECIAL EVENTS
a. Public Special Events are permitted:
i) On a lot owned by a public authority, school, college, university, or
place of worship.
ii) Within a Zoological Park
iii) Within a Commercial or Industrial Zone
b. A private or public special event hosted by a Not-for-Profit Organization is
permitted in all lands, except those zoned Environmental Protection;
C. A private special event is permitted on any lot where a residential use exists
and is permitted.
d. Regulations for Special Events:
i) A Special Event permit must be obtained from the Municipality, if
applicable.
Page 116
I
ii) The combined total duration of all special events held on one lot shall
not exceed seven days in a calendar year.
iii) In any Commercial or Industrial Zone, the parking area may be used for
a special event provided that the number of parking spaces remaining is
not reduced below 75% of that required by Section 3.16 for the
commercial or industrial uses on the lot.
iv) Special events, where a permit has been issued by the Municipality are
not subject to the parking and loading space requirements set out in
Sections 3.13 and 3.16.
v) A temporary building or structure is permitted provided it conforms to
the setbacks set out in Section 3.1 c.
vi) No Site Alteration is permitted."
24. By adding the following Section:
"3.25 TEMPORARY SALES OFFICES AND MODEL HOMES
a. A building permit for a model home in a draft approved plan of subdivision may
be issued provided that:
i) the model home is located in the draft approved subdivision plan;
ii) the developer has entered into a subdivision agreement with the
Municipality;
iii) the developer has entered into an agreement with the appropriate public
authority regarding the provision of sanitary sewer and water services;
and
iv) the model home complies with the regulations of the zone in which it is
located.
b. A temporary sales office for a draft approved subdivision or condominium
plan may be located on lands within the draft approved plan. The temporary
sales office shall be removed or cease operation no later than 2 months from
the date of the sale of the last lot within a plan of subdivision of unit within a
plan of condominium or the occupation of the last dwelling.
C. A minimum of eight parking spaces shall be provided for a model home or a
temporary sales office."
25. Existing Section 3.22 VISIBILITY TRIANGLES is replaced as follows:
"3.27 VISIBILITY TRIANGLE
a. A visibility triangle shall be determined as follows:
i) the visibility triangle adjacent to an exterior side lot line, where a sight
triangle has not already been dedicated to the road authority, shall be the
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;
Page 117
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I
ii) the visibility triangle for a driveway, lane, or right-of-way shall be the area
enclosed by the line along the limits of the driveway and the street line
measured to a point 3 metres back from the intersection of the street
lines and the limits of the driveway, or right-of-way and a diagonal line
drawn between these two points.
b. Within a visibility triangle:
i) no building or structure shall be constructed, no motor vehicle, trailer or
recreational vehicle shall be parked or stored;
ii) no fence shall be constructed with a height greater than 0.75 metres;
iii) no landscaping feature, including shrubs or trees, are permitted that
would impede vision between 0.75 metres and 2.5 metres of height; and
iv) no parking space or driveway shall be permitted within a visibility triangle
formed at the intersection of any combination of improved public streets,
public lane, private streets, or rights-of-way."
FIGURE 6: DETERMINING VISIBILITY TRIANGLES
STREET/PRIVATE ROAD
SIDE
:.:.:•.:..:..... ...:..................::..:.:.:..:.::::.:.:::................... WALK:'.;?:;..::;:•:•:::;'<.;;.>:::•;:t::bi::;;::tt:S::::;;. ......;:::::;sti:i:%;.:;;S.::i;i;t:;;
7.5m
fF
STREET LINE
(EXTERIOR SIDE LOT LINE)
;i E
VISIBILITY TRIANGLE ON A CORNER LOT
W: VISIBILITY TRIANGLE ADJACENT A DRIVEWAY
' 3m
j:W i i if
I
DRIVEWAY
a
°a
f E I PROPERTY LINE A,
i T I
3m I+
26. By adding the following Section:
"3.28 0.3 METRE RESERVES
a. A 0.3 m reserve shall be considered to be part of the abutting
Public Street.
b. Notwithstanding subsection (a) above, a 0.3 m reserve shall be
considered to be part of the lot for the purpose of measuring an exterior side
yard setback."
Page 118
I
27. Sections 5.2.5, 6.4.15, 6.4.27, 6.4.35, 12.4.27, 12.4.37, and 13.4.17 are amended
by deleting the word "family" and replacing it with the word "detached.
28. Sections 6.1 a. iii), 6.4.1 a. iii), and 12.4.26 are amended replacing the word "family"
with the word "household".
29. Sections 6.1 b. v), 6.4.14, and 6.4.14 a), are amended by deleting the word
"commercial" before the word "kennel".
30. Section 6.1 b. ix) (Private Kennels) and 6.4.1 b. v) (Private Kennels) are deleted.
31. By deleting Section 6.4.16 (AGRICULTURAL EXCEPTION (A-1'6) ZONE), 9.3.2
(RESIDENTIAL HAMLET EXCEPTION (RH-2) ZONE) and 12.4.6 (URBAN
RESIDENTIAL EXCEPTION (R1-6) ZONE) (Group Homes)
32. Sections 6.4.25 a), and 6.4.83 a) are deleted (definitions of Golf Driving Range,
Indoor Golf Driving Range, and Club House Facility).
33. Section 6.4.58 is revised by deleting the last paragraph (definition of Golf Driving
Range).
34. Section 6.4.64 a. is deleted (definitions of Crematorium and Landscape Strip).
35. Section 6.4.65 b. is revised by deleting the second paragraph (definition of Flea
Market).
36. By replacing the term "Nursing Home" with "Long Term Care Facility" in Sections
12.4.3; 12.4.26; 14.6.26 b. ii) and c.; 15.4.20 a., b. iv) and c.; 15.4.25 a.; 15.4.32;
15A; 16.1 b. xii); and 16.5.38 b. ii).
37. Section 12.4.31 URBAN RESIDENTIAL EXCEPTION (R1-31) is replaced as
follows:
"Notwithstanding Section 12.1, only a linked dwelling may be permitted on those
lands zoned R1-31 on the Schedules to this By-law. The placement of buildings
and structures shall be subject to the zone regulations as set out in Section 12.2."
38. Section 12.4.36 is amended by deleting the words "group home".
Page 119
39. Section 12.4.65 URBAN RESIDENTIAL EXCEPTION (R1-65) ZONE is replaced
as follows:
"Lands zoned R1-65 on the Schedules to this By-law may, in addition to the other
uses permitted in the R1 Zone, be used for a Garden Suite until January 30,
2016."
40. Section 14.1 a. v) is amended by adding the words "or rooming" after the word
"boarding".
41. Sections 14.6.24 i. i) c), 15.4.19 b. viii), 16.1 b. ix), 16.5.17 a. viii), 16.5.35 b. xiii),
16.5.46 c. iv), 16.5.56 c. ix), 17.1 b. v), 17.5.2 a. iv), 22.4.8.b iv), 22.13.2 b. x) are
amended by deleting the words "coin operated".
42. Sections 14.6.25 a. i), 14.6.26 a. i), 14.6.31 a. i), 14.6.35 a., 14.6.41 a. i), and
14.6.42 a.i) are deleted (definition of Dwelling, Stacked Townhouse).
43. Sections 14.6.26 a. ii), 15.4.23 a. i), and 15.4.32 a., are deleted (definition of
Retirement Home).
44. Sections 14.6.26 b. iv), 14.6.26 c., and 15.4.22 b. i) are amended by deleting the
words "Senior Citizens"' before the words "Apartment Building".
45. Section 15.1 a. is revised by adding the following:
"ii) Long Term Care Facility; and
iii) Retirement Home."
46. Sections 15.4.21 a.i), 15.4.22 a. i), 16.5.11 a. i), 16.5.15 a.x), 16.5.20 a. i), 16.5.21
a. i), 16.5.22 a. i), 16.5.26 a. i), 16.5.27 a. i), 16.5.39 a. iii), and 20.4.13 a. i) are
deleted (definition of Landscaping Strip).
47. Sections 15.4.29 a. i), and 15.4.30 a. i) are deleted (definition of Underground
Parking Structure).
48. Section 15.4.35 a. and 15.4.36 a., which references Section 15.4.35 a., are
deleted (definitions of Long Term Care Facility, Retirement Home and
Underground Parking Structure).
49. Section 15A. MAJOR INSTITUTIONAL (P1) ZONE is revised by adding the word
"urban" in front of the word "residential" in Sections 15A.2 c iii) and iv); and by
deleting the definition of"Residential Zone" in Section 15A.3.
50. Section 16.1 b. is revised by adding the following and renumbering the balance:
"xxviii) Stationary Refreshment Vehicle provided the property was identified in a
Stationary Refreshment Vehicle license issued by the Municipality prior to
September 21, 2015 and the property has continuously been identified in an
Page ( 20
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annual stationary Refreshment Vehicle license issued by the Municipality since
that date."
51. Section 16.1 c. the last sentence is deleted (Holding Zone).
52. By replacing the term "Bakery shop" with "Bakery" in Section 16.1 b. ii).
53. By adding the following new Subsection to Section 16.2 REGULATIONS FOR
RESIDENTIAL USES:
"c. Dwelling units may be permitted in the rear portion of the ground floor, or on
the second floor or above. Where a dwelling unit occupies a portion of the
ground floor, a permitted non-residential use must occupy all of street facing
portion of the building.
54. Section 16.5.3 GENERAL COMMERCIAL EXCEPTION (C1-3) is revised by
adding the word "urban" in front of the word "residential" in Sections a., a. ii) b),
a. iv) c), and a. iv) d); and by deleting the definition of "Residential Zone in Section
a. vii) b).
55. Section 16.5.35 b. is revised by adding the following:
"xx) Stationary Refreshment Vehicle provided the property was identified in a
Stationary Refreshment Vehicle license issued by the Municipality prior to
September 21, 2015 and the property has continuously been identified in an
annual stationary Refreshment Vehicle license issued by the Municipality
since that date."
56. Section 16.5.30 General Commercial Exception (C1-30) Zone is revised by adding
the word "urban" in front of the word "residential" in Sections (1) b. ii), (1) d. iii), and
(1) d. iv), and by deleting the definition of"Residential Zone" in Section 16.5.30 h)
iv).
57. Section 16.5.32 General Commercial Exception (C1-32) is revised by adding the
word "urban" in front of the word "residential" in section (2)a. ii); and by deleting the
definition of"Residential Zone" from section (3) c).
58. Section 16.5.38 b. iv) is deleted (Senior Citizen's Apartment Building).
59. Section 18.1 b. is revised by adding the following:
"xiv) Stationary Refreshment Vehicle as a permitted use"
60. Section 19.1 b. is revised by adding the following and renumbering the balance.
"iv) A convention centre; and
xvii) Stationary Refreshment Vehicle as a permitted use."
61. Section 20.4.14 c. is revised by adding the following and renumbering the balance:
"ii) A convention centre."
Page ( 21
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62. Section 21.1 b. is revised by adding the following:
"iv) Stationary Refreshment Vehicle as a permitted use".
63. Section 22A.4.2 is amended by adding the following and renumbering accordingly:
"i) Notwithstanding Section 22A.2 b. a Stationary Refreshment Vehicle provided
the property was identified in a Stationary Refreshment Vehicle license
issued by the Municipality prior to September 21, 2015 and the property has
continuously been identified in an annual stationary Refreshment Vehicle
license issued by the Municipality since that date."
64. Sections 23A.1, 23B.1, 23C.1, 23D.1 and 23E.1 are deleted.
65. Schedule "3" is amended by changing the zone designation from:
"Agricultural Exception (A-16) Zone" to "Agricultural (A)", as illustrated on the
attached Schedule "A-1".
66. Schedule "3" is amended by changing the zone designation from:
"Urban Residential Exception (R1-6) Zone" to "Urban Residential Type One (R1)
Zone", as illustrated on the attached Schedule "A-2".
67. Schedule "3" is amended by changing the zone designation from:
"Urban Residential Exception (R1-6) Zone" to "Urban Residential Type One (R1)
Zone", as illustrated on the attached Schedule "A-3".
68. Schedule "3" is by changing the zone designation from:
"Urban Residential Exception (R1-6) Zone" to "Urban Residential Exception (R1-
12) Zone", as illustrated on the attached Schedule "A-4".
69. Schedule "6" is amended by changing the zone designation from:
"Residential Hamlet Exception (RH-2) Zone" to "Residential Hamlet (RH) Zone", as
illustrated on the attached Schedule "A-5"."
70. This By-law shall come into effect on the date of its passage, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW passed in open session this day of , 2015.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Page 122
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passed this day of 1 2015 A.D.
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