2015-192 Amend zoning By-law 97-95 "General Housekeeping Amendments"The Corporation of the Township of Oro-Medonte
By-law No. 2015-192
A By-law to Amend Zoning By-law 97-95, as amended
"General Housekeeping Amendments"
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 adding the following at the end of the sentence "The lifting of the Holding
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
applicable Conservation Authority."
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: "A detached accessory building or structure is permitted to contain sanitary
facilities, including sink and/or toilet, outside an area susceptible to flooding however
kitchen facilities including food preparation facilities or facilities for the installation of
kitchen equipment are prohibited."
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
(3.2 feet) from any detached accessory building on the lot."
4. Section 5.6 (d) BOATHOUSES — is hereby amended by deleting the sentence in its
entirety and replacing with the following: "They are not to be used for human habitation
and no kitchen or sanitary facilities are permitted to be installed. Notwithstanding
these provisions the installation of a sink may be permitted in accordance with the
appropriate permit being obtained from the relevant Conservation Authority provided
the sink will not be connected to the municipal or private water supply or sewage
disposal system."
5. Section 5.9 ENCROACHMENTS IN REQUIRED YARDS — is hereby amended by
deleting in its entirety and replacing with the following:
"5.9.1 Architectural features, balconies, porches — 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
comply with the maximum height provision of a Zone."
6. Section 5.16 NON -COMPLYING BUILDING OR STUCTURES is hereby amended by
deleting subsection b) in its entirety and replacing with the following: "b) does not
increase the useable floor area in a required yard. Crawlspace 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."
7. Section 5.20 AREA AND DRIVEWAY REGULATIONS —is hereby amended by adding
a new subsection 5.20.3 BARRIER FREE PARKING REQUIREMENTS as follows:
"5.20.3.1 Number of Barrier Free Parking Spaces Required — 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. Section 5.21 PARKING OF RECREATIONAL TRAILERS IN THE R1, R2, RUR1,
RUR2, SR AND RLS ZONES and Section 5.22 PARKING OF SCHOOL BUSES are
hereby deleted in their entirety and replaced with the following new section and re-
numbering all subsequent subsections accordingly:
9. Section 5.21 PARKING OF COMMERCIAL MOTOR VEHICLES, recreational trailers,
and school buses IN THE R1, R2, RUR1, RUR2, SR, RLS, and A/RU ZONES — is
hereby amended by adding a new subsection and re -numbering all subsequent
subsections accordingly as follows:
"5.21.1 PARKING OF COMMERCIAL MOTOR VEHICLES, RECREATIONAL
VEHICLES, AND SCHOOL BUSES IN THE R1, R2, RUR1, RUR2, SR, RLS, and
A/RU ZONES — Within any Residential zone and the Agricultural/Rural zone for
properties less than 0.4 hectares in lot area, 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, large recreational trailer,
or school bus subject to the following provisions:
a) The large commercial motor vehicle, large recreational trailer, or school bus is
parked or stored on the driveway and is setback a minimum of 3.0 metres from the
front lot line.
b) The large commercial motor vehicle, large recreational trailer, or school bus is
parked or stored on the driveway and is setback a minimum of 5.0 metres from the
interior side lot line or a 2.0 metre high tight wood board fence is installed on the
property with such fence being the length of the large commercial motor vehicle,
large recreational trailer, or school bus plus 3.0 metres.
c) The large commercial motor vehicle or large recreational trailer is owned by an
occupant of the dwelling unit.
d) The large commercial motor vehicle, large recreational trailer, or school bus is
normally driven by an occupant of the dwelling unit.
e) The repair or maintenance of the vehicle, trailer, or bus is not permitted.
f) Only the tractor portion of the tractor trailer is permitted to be parked or stored on the
property in accordance with the above provisions.
g) On a corner lot, the large commercial motor vehicle, recreational trailer, or bus is
not permitted to be parked or stored within 15 metres of the intersection of the front
lot line and exterior side lot line."
"5.21.2.1 PARKING OF COMMERCIAL MOTOR VEHICLES, RECREATIONAL
VEHICLES, AND SCHOOL BUSES IN THE A/RU ZONE — Within the
Agricultural/Rural zone for properties larger than 0.4 hectares and less than 36
hectares in lot area, no person shall use any parking space, parking area or lot for
the parking or storage of more than a total of two of the following: a commercial
motor vehicle in excess of 3,600 kilograms gross vehicle weight, a large recreational
trailer, or school bus subject to the following provisions:
a) The large commercial motor vehicle or large recreational trailer is owned by an
occupant of the dwelling unit.
b) The large commercial motor vehicle, large recreational trailer, or school bus is
normally driven by an occupant of the dwelling unit.
c) The repair or maintenance of the vehicle, trailer, or bus is not permitted.
d) Only the tractor portion of the tractor trailer is permitted to be parked or stored on
the property in accordance with the above provisions."
"5.21.2.2 PARKING OF COMMERCIAL MOTOR VEHICLES, RECREATIONAL
VEHICLES, AND SCHOOL BUSES IN THE A/RU ZONE — Within the
Agricultural/Rural zone for properties larger than 36 hectares in lot area, no person
shall use any parking space, parking area or lot for the parking or storage of more
than a total of three of the following: a commercial motor vehicle in excess of 3,600
kilograms gross vehicle weight, a large recreational trailer, or school bus subject to
the following provisions:
e) The large commercial motor vehicle or large recreational trailer is owned by an
occupant of the dwelling unit.
f) The large commercial motor vehicle, large recreational trailer, or school bus is
normally driven by an occupant of the dwelling unit.
g) The repair or maintenance of the vehicle, trailer, or bus is not permitted.
h) Only the tractor portion of the tractor trailer is permitted to be parked or stored on
the property in accordance with the above provisions."
10. Section 5.25 —PROHIBITED USES is hereby amended by deleting subsections (d)
and (e) and replacing with the following new subsections "(d) The use of any cargo or
shipping container, truck, truck trailer, bus or coach body for sales or human
habitation" and "(e) The storage of derelict vehicles, cargo or shipping containers,
streetcars, truck bodies, or trailers unless specifically permitted by this By-law." and is
hereby further amended by adding the following new subsection as follows: "(k) Tracks
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-law."
11. 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 and associated geotechnical or slope
stability report has been approved by the Township Engineer and applicable
Conservation Authority, the 23 metre setback from the top -of -bank of a slope or
embankment that exceeds 33% does not apply. In these situations, all buildings or
structures shall be setback a minimum of 6 metres from the established top -of -bank
as approved by the Township and Conservation Authority."
12. New Section 5.37 — STORAGE/SHIPPING/CARGO CONTAINERS — is hereby
amended by adding a new subsection as follows:
"5.37 - STORAGE/SHIPPING/CARGO CONTAINERS — "No person shall, in any
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 an accessory structure."
13. 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 1) — Notwithstanding any other
provisions in this By-law to the contrary, land to be rezoned will comply with the MDS
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."
14.Section 6.0 — DEFINITIONS - is hereby amended by adding the following new
definitions:
"BOARDING LODGING OR ROOMING HOUSE means a building in which 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 use or apartment dwelling."
"CARPORT means a structure whose roof is structurally dependent upon the main
building and which has no more than fifty (50%) percent of the structure enclosed by
walls and is used for the parking or storage of a motor vehicle."
"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
attached garage may be considered "common" as long as at least forty (40%) percent
of the length of the garage wall is common with the dwelling wall."
"HABITABLE means any floor space within a building or structure designed and
intended to be used for living, sleeping, cooking or eating purposes as defined as suite
or dwelling unit under the Building Code Act, as amended."
"LIVESTOCK FACILITIES means barns, buildings or structures where animals are
housed and shall also include beef feedlots and associated manure storage facilities."
"LVESTOCK HOUSING CAPACITY means the total maximum number of livestock
that can be accommodated in a livestock facility at any one time."
"LIVESTOCK UNIT means the equivalent values for various types of animals and
poultry based on manure production and production cycles."
"SALVAGE YARDS means an establishment where goods, 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
container customarily used for the transport of freight or for storage."
"STOREY, HALF means the portion of a building situated within the roof or having its
floor level not lower than four feet below the line where the roof and interior enclosing
walls meet and is greater than 50% of the floor area below and exceeds 6 feet in
height."
15.Section 6.0 — DEFINITIONS for "ATTACHED" is hereby amended by deleting in its
entirety and replacing with the following: "means a building otherwise 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 considered "common" as long as at least forty (40%)
percent of the length of the wall is shared in common."
16. Section 6.0 — DEFINITIONS for "DWELLING UNIT" is hereby amended by deleting in
its entirety and replacing with the following: "means 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
include any commercial accommodation or a recreational trailer."
17.Section 6.0 — DEFINITIONS for "HOME OCCUPATION is hereby amended by
deleting it in its entirety and replacing with the following: "HOME OCCUPATION
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,
accessory, or secondary to the residential use of a dwelling."
18. Section 6.0 — DEFINITIONS for "AVERAGE ANNUAL HIGH WATER MARK is
hereby amended by adding the following new sentence at the end: "For the
purposes of this By-law, the elevations for the average annual High Water Mark of
Lake Simcoe is 219.15 m G.S.0 Datum."
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.
By-law read a First, Second and Third time, and Passed this 4th day of November,
2015.
The Cor oration of the Township of Oro-Medonte
Mayor, H.S. H�?hes
0
De y Clerk, Janette Teeter