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06 03 2015 2015-ZBA-09 (The Township of Oro-Medonte) TheCorporation of theTownship of Oro-Medonte DRAFT By-law No. 2015-139 A By-law to Amend Zoning By-law 97-95, as amended Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. And Whereas Council deems it appropriate to amend the zoning provisions of By-law 97-95, in accordance with the policies of the Official Plan; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Section 2.5.2 THE FLOODPLAIN HOLDING PROVISION (FP-H), is hereby amended by Provision permitting development of any new use or new or enlarged buildings and structures within the Floodplain area that is the subject of this section shall not occur until Council is satisfied that the appropriate permit has been obtained from the 2. Section 5.1.1.1 USES PERMITTED IN DETACHED ACCESSORY BUILDINGS AND STRUCTURES is hereby amended by adding the following at the end of the sentence: sanitary facilities, including sink and/or toilet, however kitchen facilitiesincluding food preparation f 3. Section 5.1.1.3 (e) PERMITTED LOCATIONS FOR DETACHED ACCESSORY BUILDINGS AND STRUCTURES IN ALL ZONES is hereby amended by adding the following at the end of the sentence: Be setback a minimum distance of 1.0 metres 4. Section 5.6 (d) BOATHOUSES is hereby amended by deleting the sentence in its and no kitchen or sanitary facilities exist. Notwithstanding these provisions the installation of a sink may be permitted in accordance with the appropriate permit being 5. Section 5.9 ENCROACHMENTS IN REQUIRED YARDS is hereby amended by deleting in its entirety and replacing with the following: Architectural features such as sills, belt courses, cornices, eaves or gutters, chimney breasts, pilasters, roof overhangs, stairs, landings and ramps, cantilevered window bays, unenclosed porches and balconies, may encroach into any required yard a distance of not more than 1.0 metre (3.2 feet). Notwithstanding this, no porches or balconies are permitted to encroach into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe. 5.9.2 Height Exceptions Notwithstanding the height provisions established in each Zone, nothing in this By-law shall prevent the erection of a church spire, belfry, clock tower, chimney, satellite dish, air conditioner duct, mechanical penthouse, cupola, steeple, ornamental roof structure, farm building, or structure, water tank, radio or television tower or antenna, silo, windmills, drive-in theatre screen, forestry tower, aid to navigation, flag pole, ventilator, elevation enclosure or fire hose tower that does not 6. Section 5.16 NON-COMPLYING BUILDING OR STUCTURES is hereby amended by increase the useable floor area in a required yard. Foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1.8 metres in total height. DRAFT FOR PUBLIC MEETING PURPOSES Prepared July 23, 2015 7.Section 5.20AREA AND DRIVEWAY REGULATIONS is hereby amended by adding a new subsection 5.20.3 BARRIER FREE PARKING REQUIREMENTS as follows: Every owner or operator of a parking area shall provide designated parking spaces for the exclusive use of vehicles operated by or conveying an accessible parking permit holder upon whose vehicles shall properly display an accessible parking permit issued by the Province of Ontario. The minimum number of designated parking spaces that must be provided shall equal one (1) accessible parking space required for any parking area required to have 10 or more parking spaces and that one additional accessible parking space be required for every 100 parking spaces thereafter. 5.20.3.2 Barrier-Free Parking Space A designated barrier-free parking space for motor vehicles shall have: a) A minimum width of 4.6 metres; b) A minimum length of 5.5 metres; c) An adjacent 1.75 metre wide aisle that is hatch-marked on the parking lot, which may be shared by two adjacent designated barrier-free spaces; d) A hard surface; e) Easy access for persons, whether via ramps, depressed curbs or other means and shall be located within easy access and proximity to the building entrance and accessible ramps, walkways, and elevators; and f) Signs to identify barrier-free parking spaces in conformance with the regulations under the Highway Traffic Act. 8. New Section 5.22 PARKING OF COMMERCIAL MOTOR VEHICLES IN THE R1, R2, RUR1, RUR2, SR AND RLS ZONES is hereby amended by adding a new subsection and re-numbering all subsequent subsections accordingly as follows: R2, RUR1, RUR2, SR AND RLS ZONES Within any Residential zone, no person shall use any parking space, parking area or lot for the parking or storage of more than one commercial motor vehicle in excess of 3,600 kilograms gross vehicle weight as registered with the Ministry of Transportation and/or greater in length than 6.5 metres 9. Section 5.25 PROHIBITED USES is hereby amended by deleting subsections (d) and (e) and replacing with the following new subsections The use of any cargo or shipping container, truck, truck trailer, bus or coach body for sales or human streetcars, truck bodies, or trailers unless specifically permitted by this By-law hereby further amended by adding or other areas developed for the racing or running of motorcycles, all-terrain vehicles, snowmobiles, or other motorized recreational vehicles unless specifically permitted in this By- 10. Section 5.32 SETBACK FROM SLOPES is hereby amended by adding the following after the first sentence: If the slope is located in a Registered Plan of Subdivision where the overall lot grading of the subdivision has been approved by the Township Engineer, the 23 metre setback from the top-of-bank of a slope or embankment that 11. New Section 5.37 STORAGE/SHIPPING/CARGO CONTAINERS is hereby amended by adding a new subsection as follows: .37 - STORAGE/SHIPPING/CARGO CONTAINERS Residential Zone, use any truck, bus, coach, transport truck trailer, streetcar body, railway car body, railway shipping container, or similar structure of any kind, for the purpose of a DRAFT FOR PUBLIC MEETING PURPOSES Prepared July 23, 2015 12.New Section 5.38 MINIMUM DISTANCE SEPARATION is hereby amended by adding a new subsection as follows: 5.38.1 MINIMUM DISTANCE SEPARATION I (MDS I) Notwithstanding any other provisions in this By-law to the contrary, land to be rezoned will comply with the MDS I formula established by the Province. a) Notwithstanding any other provisions of this By-law to the contrary, a residential use to be located upon an existing lot of record greater than 1.0 ha in size will comply with the MDS I calculation. b) Notwithstanding any other provisions of this By-law to the contrary, a new use to be located upon an existing lot of record 1.0 ha in size or less will not be required to comply with MDS I. 5.38.2 MINIMUM DISTANCE SEPARATION II (MDS II) Notwithstanding any other provisions in this By-law to the contrary, a new or expanding livestock facility will comply with MDS II formula established by the Province. a) Notwithstanding any other provisions of this By-law to the contrary, the MDS II calculated separation distances will be measured from the nearest point of an existing vacant lot of record, 1.0 ha in size or less, to the nearest point of the proposed livestock facility. 13. New Section 5.39 TEMPORARY PARKING FOR SPECIAL EVENTS is hereby amended by adding a new subsection as follows: EMPORARY PARKING FOR SPECIAL EVENTS - Notwithstanding any other provision of this By-law, the temporary and short term parking of motor vehicles is permitted in the Agricultural/Rural (A/RU) Zone subject to the following requirements: a) The temporary parking of motor vehicles is associated with and accessory to a Special Event that has obtained a Permit for a Special Event from the Township of Oro-Medonte; b) The temporary parking of motor vehicles on a lot or property shall not occur for more than five (5) consecutive days; and c) The location of the temporary parking of motor vehicles for a special event is not located on lands designated in a Prime Agricultural Area as defined in the 14. Section 6.0 DEFINITIONS - is hereby amended by adding the following new definitions: lodging with or without meals is supplied for gain to more than four persons other than the lessee, tenant or owner of said building, but does not mean or include a motel, hotel, bed and breakfast establishment, group home, hospital or similar commercial or institutional building and which has no more than fifty (50%) percent of the structure enclosed by walls and is used for the parking or storage o GARAGE, ATTACHED means a private garage, accessory to a dwelling on the same lot, and separated therefrom by a common wall and/or common roof structure, an cent intended to be used for living, sleeping, cooking or eating purposes as defined under the Building Code DRAFT FOR PUBLIC MEETING PURPOSES Prepared July 23, 2015 wares, merchandise, articles or things are processed for further use, and where such goods, wares, merchandise, articles or things are stored wholly or partly in the open and includes a junk or scrap metal yard and a motor vehicle wrecking yard or premises STORAGE, SHIPPING OR CARGO CONTAINERS means a rectangular metal floor level not lower than four feet below the line where the roof and interior enclosing 15. Section 6.0 DEFINITIONS ATTACHEDin its complete in itself, which depends, for structural support or complete enclosure upon a division wall or walls, shared in common with the adjacent building. For the purposes of this definition, the wall may be conside least forty (40%) percent of the length of the wall is shared in common. 16. Section 6.0 DWELLING UNIT one or more rooms in a building, designed as, or intended as, or capable of being used or occupied as a single independent housekeeping unit and containing living, sleeping, sanitary and food preparation facilities or facilities for the installation of kitchen equipment and has an independent entrance. For the purposes of this By-law, a dwelling unit does not 17. Section 6.0 ded by deleting it in its entirety and replacing means an Occupation which is carried on in accordance with the provisions of this By- law relative thereto, as an accessory use to a dwelling unit and is clearly incidental, 18. Section 6.0 AVERAGE HIGH WATER MARK is hereby amended For the purposes of this By-law, the elevations for the High Water Mark of Lake Simcoe is 219.15 m G.S.C 19. Remove the Holding (H) symbol from the following properties zoned Residential Limited Services (RLS) Zone and Residential Limited Services (RLS*2) Zone located on the following Schedules: 1) Properties on Grandview Crescent located on Schedule A5 2) Properties on Mitchell Road located on Schedule A5 3) Properties on Poplar Crescent located on Schedule A5 4) Properties on Palm Beach Road located on Schedule A5 5) Properties on Cook Lane located on Schedule A18 6) Properties on Devitt Street located on Schedule A19 7) Properties on Barr Avenue located on Schedule A19 8) Properties on Ganton Road on Schedule A19 9) Properties on MacKay Street located on Schedule A19 20. This By-law shall take effect on the final passing thereof, subject to the provisions of the Planning Act, as amended. DRAFT FOR PUBLIC MEETING PURPOSES Prepared July 23, 2015 By-law read a First, Second and Third time, and Passed this day of , 2015. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin DRAFT FOR PUBLIC MEETING PURPOSES Prepared July 23, 2015 required yard porches or balconies floor area motor vehicles Prime Agricultural Area ProposedAmendmentscontinuetoclarifythecurrentZoningBylawandimplementthecurrentTownship OfficialPlanpolicies. ComprehensiveReviewandUpdatetotheTownshipOfficialPlanandComprehensiveZoningBylaware beingscheduledfor201516forconformitytoupdateProvincialandCountyPolicies. ProposedAmendmentsareconsideredtoconformtotheintentoftheOfficialPlanfortheTownshipand maintainthegeneralintentoftheƚǞƓƭŷźƦ͸ƭZoningBylaw.ProposedAmendmentsmaintainthegeneral intentofthetƩƚǝźƓĭĻ͸ƭGrowthPlan,areconsistentwiththeProvincialPolicyStatement,generally conformwiththeCountyofSimcoeOfficialPlanandTownshipOfficialPlan.