I A decision was made on October 22, 2009 to approve in part with modifications Zoning by-law No. 6640/06 for the City of Pickering. Provincial modifications to this by-law have been incorporated into by-law 3037.
THE CORPORATION OF THE CITY OF PICKERING BY-lAW NO. 6640/06 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham for all lands in the Oak Ridges Moraine Conservation Plan Area in the City of Pickering. WHEREAS the Council of The Corporation of the City of Pickering, as required by the Oak Ridges Moraine Conservation Act, deems it desirable to bring the Restricted Area Zoning) By-law 3037, as amended, into conformity with the Oak Ridges Moraine Conservation Plan, the Region of Durham Official Plan and the City of Pickering Official Plan; AND WHEREAS the Council of The Corporation of the City of Pickering has adopted Official Plan Amendment No 15 to implement the Oak Ridges Moraine Conservation Plan; AND WHEREAS the Council of The Corporation of the City of Pickering has held public meetings in accordance with the requirements of the Planning Act; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: r 1. SCHEDULES Schedules I to IX inclusive, attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. By-law 3037, as amended, is hereby further amended, by changing the zoning for all lands designated in the Oak Ridges Moraine Conservation Act in the City of Pickering so that the zoning as shown on Schedule A and B of By-law 3037 shall be amended as shown on Schedules I to IX inclusive. 2. AREA RESTRICTED The provisions of this By-law shall apply to all lands in the City of Pickering that are designated in the Oak Ridges Moraine Conservation Act as established by Ontario Regulation 01/02. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. r-
2-4. TEXT AMENDMENTS fi""'" By-law 3037 is hereby amended as follows: 1) Section 2. DEFINITIONS, is hereby amended by adding in new definitions, deleting and replacing some existing definitions and renumber all of the definitions in this Section so that the definitions are in alphabetical order as follows: a) That Subsection 2.2 "Accessory Use" definition is hereby repealed and replaced with the following: Accessory Use" shall mean a use of land, buildings or structures that is normally incidental or subordinate to the principal use, building or structure located on the same lot; b) That a new definition "Aqricultural Use" be added after Subsection 2.2 as follows: Agricultural Use" shall mean the growing of crops, including nursery and horticultural crops, greenhouses, mushroom farms, apiaries, maple syrup production, aquaculture, raising of livestock, farms for the grazing, breeding, raising or training of horses or cattle, riding stables, and any other use customarily carried on in the field of general agriculture, including the sale on the premises of produce grown or raised on the premises. Facilities for the raising of fur-bearing animals, kennels and swill fed pigs shall not be permitted; c) That a new definition "Bed and Breakfast Establishment" be added after Subsection 2.5 as follows: Bed and Breakfast Establishment" shall mean an establishment that provides sleeping accommodation ( including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the traveling or vacationing public within a detached dwelling that is the principal residence of the proprietor of the establishment; d) That a new definition "Conservation" be added after Subsection 2.11 as follows: Conservation" shall mean the wise use, protection and rehabilitation of natural resources according to principles assure their highest economic, social and environmental benefits; that will I"'"
3- e) That a new definition "Dav Nursery" be added after Subsection 2.14 as follows: fi""'" Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children; f) That a new definition "Existinç: - ORM" be added after Subsection 2.25 as follows: Existing-ORM" shall mean a use, building or structure, lawfully in existence on or before November 15, 2001, and for greater certainty does not include a use, building or structure that is in existence on that date without being lawful; g) That a new definition " Exterior Side Yard" be added after Subsection 2.25 as follows: Exterior Side Yard" shall mean a side yard immediately adjoining a street or abutting a reserve on the opposite side of which is a street; h) That a new definition "Farm Implement Service and Sales Outlet" be added after Subsection 2.26 as follows: Farm Implement Service and Sales Outlet" shall mean an the use of land, building or structure for the sale, storage or repair of equipment and machinery directly associated with an agricultural operation; i) That a new definition " Farm Vacation Home" be added after Subsection 2.26 as follows: Farm Vacation Home" shall mean an establishment that provides sleeping accommodation (including participation in farm activities, meals, services, facilities and amenities for the exclusive use of guests) for the traveling or vacationing public within a detached dwelling that is located on a farm and is the principal residence of the proprietor of the establishment; U) That a new definition " Financial Institution" be added after Subsection 2.26 as follows: Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged or where money management services are provided; r-
4- k) That a new definition "Golf Course" be added after Subsection 2.31 as follows: Golf Course" shall mean an area of land, and any ancillary building, structure, or part thereof, operated for the purpose of playing golf, and includes any associated recreational facility, such as a club house, snack bar, dining roomr lounge, swimming pool and racquet sport court, operated in conjunction therewith; I) m) n) That a new definition "Home Industry" be added after Subsection 2.35 as follows: Industry" shall mean a business that, a) is carried on as a small-scale use that is accessory to a detached dwelling, Home b) provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the farming community, c) may be carried on in whole or in part in an accessory building, and d) does not include uses such as an auto repair or paint shop or furniture stripping; That a new definition "Low Intensitv Recreation" be added after Subsection 2.45 as follows: Low Intensity Recreation" shall mean outdoor recreational uses that require little terrain or vegetation modification and shall include non-motorized trail uses and walking trails; That a new definition " Minor Site Alteration" be added after Subsection 2.45 as follows: Minor Site Alteration" shall mean activities such as filling, grading and excavation that would not adversely change the landform and natural vegetative characteristics of land; 0) That a new definition " Nursing 2.47 as follows: Home" be added after Subsection shall mean a building or part of a building where be aided in any or all daily activities, and may include the provision of nursing services, medical care or treatment, and ancillary administrative offices, which is operated by a private, public, religious, cultural or charitable organization, which is duly licensed pursuant to the laws of the Province of Ontario; Home" people Nursing are lodged, fed, cared and provided for, and may
5 - p) That a new definition "Oak Ridqes Moraine Conservation Plan Area" and "Plan Area" be added after Subsection 2.47 as follows: Moraine Conservation Plan Area" and "Plan Area" Oak Ridges shall mean the areas described in Section 2 of the Oak Ridges Moraine Conservation Plan; q) That a new definition "Personal Service Shop" be added after Subsection 2.49 as follows: Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include, but shall not be limited to, a barbershop, a beauty salon, a shoe repair store, a tailor or a dressmaking shop, or a photographic studio, but shall not include a body-rub parlour; r) That a new definition "Place of Reliqious Assembly" be added after Subsection 2.50 as follows: Place of Religious Assembly" shall mean lands or premises where people assemble for worship, counselling, educational, contemplative or other purposes of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; 8) That Subsection 2.55 "Private School" definition be repealed and replaced with the following: Private School" shall mean a school other than a school included under Subsection 2.94 and shall include a commercial school; t) That a new definition "Resource Manaqement" be added after Subsection 2.52 as follows: Resource Management" shall mean the preservation, protection and improvement of the natural environment through comprehensive management and maintenance, under professional direction for both the individual and society's use, both in the present and the future, and shall also mean the management, development and cultivation of timber resources to ensure the continuous production of wood or wood products, the provision of proper environmental conditions for wildlife, the protection against floods and erosion, the protection and production of water supplies and the preservation of the recreational resource; r-
6 - fi""'" u) v) w) x) That a new definition "Temporary Detached Dwellinç " be added after Subsection 2.60 as follows: Temporary Detached Dwelling" shall mean a dwelling. constructed in accordance with the requirements of the Building Code, excluding a permanent foundation that is designed and constructed so as to enable complete removal of the building within 48 hours of being required to do so; That a new definition "Top of Bank" be added after Subsection 2.60 as follows: Top of Bank" shall mean a point of line which is the beginning of a significant change in the land surface, thence from which the land surface slopes downward towards an abandoned or existing watercourse. Where two or more slopes are located together, the slope that is highest and furthest away from the watercourse shall be the slope considered the top of bank; That a new definition "Wetland" be added after Subsection 2.60. as follows: Wetland" shall mean land such as a swamp, marsh, bog or fen not including land that is being used for agricultural purposes and no longer exhibits wetland characteristics) that is seasonally or permanently covered by shallow water or has the water table close to or at the surface, has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants, and has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time. That a new definition "Woodland" be added after Subsection 2.60. as follows: Woodland" shall mean a treed area, woodlot or forested area, other than a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees. 2) Subsection 4.1 ZONES, is hereby amended by adding in new Oak Ridges Moraine Zones in the zones list by deleting and replacing the Zone list and by adding a new Clauses 4.1. and 4.1. 2 as follows: Zone Symbol Agriculture Zone Oak Rural Ridges Moraine Agricultural Zone Village Zone Village Residential Zone A V R5
7 - r Oak Ridges Oak Ridges Moraine Residential Five Zone Moraine Residential Six Zone General Commercial Zone Oak Ridges Highway Moraine Hamlet Commercial Zone Commercial Zone Oak Ridges Moraine Institutional Zone Storage and Light Manufacturing Zone Oak Ridges Moraine Industrial Zoné Pit and Quarry Zone Public and Private Open Space Zone Oak Ridges Moraine Recreational Zone Moraine Golf Course Zone Oak Ridges Greenbelt-Conservation Zone Oak Ridges Moraine Environmental Protection Zone ORM-R5 ORM-R6 C2 ORM-C2 C3 ORM-I MI ORM-M1 Q 02 ORM-R ORM-GC G ORM-EP 4.1. Special Conditions - Oak Ridges Moraine additional us.es or further restricts the A Special Condition permits use of specific land in various ORM zones or provides specific regulations applicable to uses of specific lands that differ from the regulations applicable to the standard ORM zone. 4.1. 2 Conflict with Zoning Provisions - Oak Ridges Moraine Where there is any conflict between the provisions of an ORM zone and any other provision of this By-law, the provisions of the ORM zone shall apply, but in the event that an ORM zone is silent on any matter, then all other relevant provisions of this By-law shall apply. 3) Clause 4.2. 1 Symbols of Zones, is hereby amended by adding the symbols, ORM-R5, ORM-R6, ORM-C2, ORM-I, ORM-R, ORM-GC, ORM-M1, ORM-EP" after the letter "G". 4) Subclause 4.2. 2(c) Boundaries of Zones, is hereby amended by adding the following after the end of the Subclause: The boundary of the Oak Ridges Moraine Plan Area, as shown on Schedule A and B shall be the 245 metre contour elevation line." 5) Subsection 5.16 is hereby amended by adding the following to the end of the subsection: The above-noted policies do not apply to land within any the suffix letters ORM." zone with r-
8-6) Clause 5.18 ( d) is hereby amended by adding ORM-R6" after the letters "R5". the letters "ORM-R5 and 7) Clause 5.19 ( 5) is hereby amended by adding the following after subclause (p): q) the generation of or storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 RSO, 1990. 8) Section 5 is hereby amended by adding the following 5.32, 5.33, 5.34, 5.35, 5.36 and 5.37 following 5.32 Existing Uses Within the Oak Ridges Moraine new subsections Subsection 5.31 as follows: a) Continuation of Uses Within the Oak Ridges Moraine The provisions of this By-law shall not apply to prevent the use of any existing lot, building or structure for any purpose prohibited by this By-law if such existing lot, building or structure was lawfully used for such purpose on or before November 15, 2001, and provided that the lot, building or structure continues to be used for that purpose. Where the use ceases to exist for a period of two years, the use will be deemed to have been discontinued. fi""'" b) Permitted Extension and Alteration of Uses Within the Oak Ridges Moraine Any dwelling that is not permissible within the zone in which it is located, but that legally existed on or before November 15, 2001 shall be permitted to expand by a maximum of an additional 100 square metres in gross floor area after the date of the passing of this By-I. aw, in accordance with the yard, height, coverage and dwelling unit requirements of Section 6.4. of this By-law. A commercial, industrial, institutional or recreational building or structure that is not permissible within the zone in which it is located, but that legally existed on or before November 15, 2001, shall be permitted to expand by a maximum of an additional 10% of the existing gross floor area after the date of the passing of this By-law, in accordance with the provisions of the appropriate zoning ORM category of this By-law.
9-5.33 Special Setbacks Within ORM Zones In addition to the other provisions of this By-law, within the area of the Oak Ridges Moraine as shown on Schedule A and Schedule B, and within zones having an' ORM prefix the following setbacks shall apply: a) Watercourses All buildings 30 metres from the channel, meander belt or high water or structures shall be located a minimum of mark of any permanent or intermittent stream, river or creek. b) Valleylands All buildings 30 metres from the stable top of bank. c) Wetlands or structures shall be located a minimum of All buildings and structures shall be located a minimum of 30 metres from the edge of a wetland. d) Woodlands All buildings and structures shall be located a minimum of 30 metres from the base of the outermost tree trunks within a woodland. 5.34 Lots Having Split Zoning Within the Oak Ridges Moraine Where a lot is divided into more than one zone, each separately zoned portion of the lot shall be used in accordance with the provisions of that zone as if each separately zoned portion was a lot. However, where a lot is divided into more than one zone and a use is permitted in each zone, the zoning provisions of the most restrictive zone shall apply to the entire lot. No lot shall have more than one building containing a dwelling on the lot except as specifically permitted by this By-law. 5.35 Lots Having Reduced Lot Area and/or Reduced Lot Frontage Within the Oak Ridges Moraine r- Lots may be used and a building or structure may be constructed altered or used on a lot having a lesser lot area and/or a lesser lot frontage than required by this By-law, provided that the lot has been held under distinct and separate ownership from the abutting lots or was legally created prior to the passing of this By-law, or created as a result of expropriation.
10- The building, structures and use must conform to all other applicable provisions and regulations of this By-law. Lots that have been increased in size following the date of this By-law shall also be subject to this provision. 5.36 Non-Complying Buildings or Structures Within the Oak Ridges Moraine Enlargements, additions or alterations are permitted to buildings or structures which were lawfully non-complying prior to the passing of this by-law, provided that: a) the use of the lot and the building conforming to a permitted use; or structure is b) the extent to which the building the requirements of this By-law 5.37 Home Industry or structure does not meet is not increased. Where a home industry is permitted as an accessory detached dwelling, the following provisions shall apply: use to a fi""'" not more than a) In addition to persons living on the premises employees shall be engaged in the home industry; two (2) b) A home industry may be located in part of a dwelling or in any accessory building located on a lot on which a dwelling is in existence, provided the total gross floor area utilized by the home industry does not exceed a maximum of 140 square metres; c) There shall be no display, other than a non-illuminated sign having a maximum surface area of 1.0 square metre.; d) There shall be no outside storage of goods, materials or articles. e) Only motor vehicles associated with the home industry may be parked or stored on the lot in an interior side or rear yard. f) A boarding kennel shall not be permitted industry. as a home r-
11 - g) Home Industry uses shall not include the generation of or storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 RSO, 1990. 9) Section 6 is hereby amended by adding a new Subsection 6.4 following Subsection 6.3 as follows: 6.4 OAK RIDGES MORAINE AGRICULTURAL () ZONE No person shall within a Oak Ridges Moraine Agricultural ) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: 6.4. 1 Permitted Uses for Lots Equal to or in Excess of 4 Hectares i) agricultural use ii) detached dwelling iii) farm vacation home iv) home-based business v) home industry vi) resource management vii) temporary detached dwelling accessory to an agricultural use 6.4. 2 Regulations for Permitted Uses on Lots Equal 4 Hectares to or in Excess of ii) iii) iv) v) vi) Minimum Lot Area Minimum Lot Frontage Minimum Yard Requirements a) Front Yard Interior Side Yard b) c) d) Exterior Side Yard Rear Yard Maximum Lot Coverage Maximum Height Minimum Dwelling Floor Area Unit Gross 4 hectares 150 metres 15.0 metres 6.0 metres 7.5 metres 15.0 metres 20% 12.0 metres 139 square metres
12 - vii) Temporary Detached Dwelling Requirements r a) A temporary detached dwelling shall be permitted on a lot with a minimum lot area of 40 hectares; b) A maximum of one temporary detached dwelling shall be permitted per lot; c) Where a detached dwelling exists, the maximum distance between the detached dwelling and a temporary detached dwelling shall be 50.0 metres, and the temporary detached dwelling shall not be located in the front yard viii) Special Regulations a) A farm vacation home shall provide three guest rooms a maximum of 6.4. 3 Permitted Uses for Lots Less than 4 Hectares i) detached dwelling ii) home-based business 6.4. Regulations for Permitted Uses on Lots Less than 4 Hectares i) ii) iii) iv) Minimum Lot Area Minimum Lot Frontage Minimum Yard Requirements a) Front Yard b) Interior Side Yard c) Exterior Side Yard d) Rear Yard Maximum Lot Coverage 0.8 of a hectare 60 metres 12.0 metres 3.0 metres 6.0 metres 12.0 metres 10% v) Maximum Height 12.0 metres vi) Minimum Dwelling Unit Gross Floor Area 139 square metres vii) Maximum Dwellings Per Lot 1 only viii) Special Regulations a) For lots in excess of 0.8 hectares the minimum lot frontage shall be increased by 3.0 metres for each additional 0.1 hectare, rounded to the nearest 0.1 hectare, to a maximum frontage of 150 metres.
13-6.4. 5 Special Cònditions 6.4. 5.1-1 a) In addition to the uses permitted in Subsection 6.4. 3, a bed and breakfast establishment shall be permitted subject to the following requirements; i) A maximum of three guest rooms shall be provided within the dwelling containing a bed and breakfast establishment; ii) A minimum of one parking space shall be provided on site for each guest room associated with a bed and breakfast establishment. 10) Section 7 is hereby amended by adding a new Subsection 7.5 following Subsection 7.4 as follows: 7.5 OAK RIDGES MORAINE INSTITUTIONAL (ORM-I) ZONE Moraine Institutional No person shall within any Oak Ridges ORM-I) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: 7.5. 1 Permitted Uses 7.5. 2 i) cemetery ii) community centre iii) day nursery iv) municipal buildings v) nursing home vi) place of religious assembly vii) school Regulations for Permitted Uses i) ii) iii) iv) Minimum Lot Area Minimum Lot Frontage Minimum Yard Requirements a) b) c) d) Front Yard Interior Side Yard Exterior Side Yard Rear Yard Maximum Lot Coverage 1.0 acre 45 metres 9.0 metres 3.0 metres 4.5 metres 9.0 metres 25% v) Maximum Height 12.0 metres
14 - vi) vii) Minimum Landscaped Open Space 10% Special Regulations a) In any yard abutting a Residential Zone a planting strip of at least 3.0 metres shall be required. 7.5. 3 Special Conditions 7.5. 3.1 ORM-I- 1 a) Despite Subsections 7.5. 1 and 7.5. 2, a school shall only be permitted on the lands zoned " ORM-I- 1", and all buildings or structures shall be setback a minimum of 30.0 metres from any " ORM-EP" zone. 7.5. 3.2 ORM-I- 2 a) Despite Subsections 7.5. 1 and 7.5. 2, a cemetery, and any accessory buildings or structures, shah only be permitted on the lands zoned "ORM-I- 2" subject to the following: A i) ii) iii) Minimum front yard depth of 9.0 metres Minimum interior side yard width of 3.0 metres of 3.0 metres; Minimum rear yard depth B C Despite subsection A above, a memorial stone or monument which is less than 3.0 metres in height, located a minimum of 3.0 metres from any front lot line and at least 1.0 metres from any side lot line, may be erected, altered or used; A mausoleum, columbarium or crematorium shall not be permitted; D Despite subsection C above, a mausoleum or columbarium which does not exceed 2.0 metres in height and has exterior dimensions such that the volume enclosed thereby does not exceed 15.0 cubic metres shall be considered to be a memorial stone or monument; E Cemetery administrative buildings, cemetery equipment buildings and one chapel shall be permitted only as ancillary to, and in conjunction with, a cemetery use; r-
15 - F The floor area of any cemetery administrative buildings, cemetery equipment buildings or chapel shall not exceed 200 square metres in size G The combined floor area of all cemetery administrative buildings, cemetery equipment buildings or chapel shall not exceed 500 square metres; H Subsections 5.19. 2 and 2.2. 1 of By-law 3037, as amended, shall not apply; 7.5. 3.3 (H) ORM-I- 2 a) Despite Subsection 7.5. 3.2, the following provisions shall apply to the lands knows as Concession 9, Part of Lot 14, 40R-20211, Part 2: A While the "(H)" Holding Symbol is in place preceding the " ORM-I- 2" zone designation, no person shall use any lands for any purpose other in Subsection 6.4. 1 ; than those uses permitted B Prior to an amendment to remove the "(H)" Holding Symbol preceding the "ORM-I- 2" zone, the owner shall satisfy the City of Pickering with respect to the following: i) the completion and approval of a. hydrogeological report; ii) the satisfaction of all provincial guidelines applicable to cemetery developments; iii) the completion of an archaeological site inventory 2" and approved by the Ministry of Citizenship, Culture and Recreation; iv) on all of the lands zoned "ORM-I- the owner obtaining site plan approval, and adhering to resultant approved site plans as stipulated in an appropriate agreement with the City of Pickering; and v) the establishment and form of required operating by-laws, trust funds and/or care and maintenance funds appropriate to govern the operation the cemetery. and administration of
16-7.5. 3.4 ORM-I- 3 a) 11) Section 8 is hereby amended by adding following Subsection 8.4 as follows: new Subsections 8.5 and 8.6 8.5 OAK RIDGES MORAINE - HAMLET RESIDENTIAL FIVE ORM-R5) ZONE Moraine Hamlet No person shall within an Oak Ridges Residential (ORM-R5) Zone, use any land or erect, alter or use any building or structure in accordance with the following: 8.5. 1 Permitted Uses i) detached dwelling ii) home-based business 8.5. 2 Regulations for Permitted Uses i) ii) iii) iv) Area Lot Minimum Lot Frontage Minimum Yard Requirements a) b) c) d) Front Yard Interior Side Yard Exterior Side Yard Rear Yard Maximum Lot Coverage 1390 square metres 22.0 metres 9.0 metres 1.8 metres 4.5 metres 9.0 metres 20% v) Maximum Height 12.0 metres vi) Minimum Dwelling Unit Gross Floor Area 100 square metres vii) Maximum Dwellings Per Lot 1 only 8.5. 3 8.5. 3.1 Special Conditions Despite Subsection 7.5. 1, a cemetery and place of religious assembly shall only be permitted on the lands zoned "ORM-I- 3". ORM-R5-1 r- a) In addition to the uses permitted in Subsection 8.5. 1, a day nursery shall be a permitted use on the lands zoned ORM-R5-1" provided the lands and premises are duly licenced pursuant to The Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of not more than fifty-five (55) children at anyone time.
17-8.6 OAK RIDGES MORAINE - HAMLET RESIDENTIAL SIX (ORM-R6) ZONE No person shall within an Oak Ridges Moraine Hamlet Residential Six (ORM-R6) Zone, use any land or erect, alter or use any building or structure in accordance with the following: 8.6. 1 Permitted Uses i) detached dwelling ii) home-based business 8.6. 2 Regulations for Permitted Uses i) Minimum Lot Area 0.3 of a hectare ii) Minimum Lot Frontage 22.0 metres iii) Minimum Yard Requirements a) b) c) Front Yard Interior Side Yard Exterior Side Yard d) Rear Yard 9.0 metres 1.8 metres 2.7 metres 9.0 metres iv) Maximum Lot Coverage 20% fi""'" v) Maximum Height 12.0 metres vi) Minimum Dwelling Unit Gross Floor Area 100 square metres vii) Maximum Dwellings Per Lot 1 only viii) Special Regulations a) No buildings or structures shall be erected within 10.0 metres of any Trans Canada Pipeline Easement 8.6. 3 Special Conditions 8.6. 3.1 ORM-R6-1 a) Despite Clause 5.18 ( a) of By-law 3037, a detached garage shall be permitted in a side yard on the lands zoned "ORM-R6-1".
18-8.6. 3.2 ORM-R6-2 a) Despite Subsection 8.6. 2, the following provisions shall apply: for the lands zoned "ORM-R6-2" 8.6. 3.3 ORM-R6-3 i) minimum lot area of 4,000 square metres ii) minimum lot frontage of 35.0 metres iii) minimum front yard depth of 12.0 metres iv) minimum interior side yard v) minimum exterior yard width 10.0 metres vi) minimum rear yard depth of 12.0 metres vii) maximum building height of 12.0 metres viii) maximum lot coverage of 20 percent width of 3.0 metres a) In addition to the uses permitted in Subsection 8.6. 1, where a detached dwelling exists on a lot, a garden suite may be established on the same lot in accordance with the following: i) Despite the accessory building and use provisions of Section 5.18 of By-law 3037, a maximum of one garden suite, being defined as a dwelling unit which is detached from, but accessory to and sharing the same water and sanitary services as, a main detached dwelling located on the same lot; may be permitted per lot in the rear yard of any lot on the lands zoned "ORM-R6-3" in accordance with the rear yard depth, side yard width, exterior side yard width and lot coverage provisions of Section 8.6. 2, and subject to the following provisions: A the maximum floor area of a garden suite shall be 65 square metres; B the maximum ground floor area of any structure containing a garden suite shall be 65 square metres; C suite shall the maximum height of a garden be 5.0 metres, except where a garden suite is constructed as a second floor of a detached garage, in which case the maximum height of the entire structure shall be 6.0 metres;
19 - D the minimum separation between a garden suite and the main dwelling shall be 6.0 metres. 8.6. 3.4 ORM-R6-4 a) Despite Clause 8.6. 2 i), minimum lot area of 0.2 of a hectare shalf be provided. 8.6. 3.5 ORM-R6-5 for the lands zoned "ORM-R6-4" a a) Despite Subsection 8.6. 2, the following shall apply lands zoned "ORM-R6-5"; to the i) no buildings or structures shall be permitted within 15 metres of a railway right-ofway; ji) no buildings or structures including swimming pools, sheds, decks and other appurtenances shall be permitted within 10 metres of an "ORM-EP" Zone; b) Despite Clause 5.18 (a) of By-law 3037, a detached garage shall be permitted in a side yard. 8.6. 3.6 ORM-R6- a) Despite Section 5.18 and Section 5.31 of By-law 3037, where a detached dwelling exists on a lot, a maximum of one accessory dwelling unit may be permitted on the second floor of a detached garage located in any side or lot on the lands zoned "ORM-R6-6" in rear yard of any accordance with the following: i) a detached garage, and any associated uncovered steps and platforms, may be erected in any side or rear yard, a minimum of 5.0 metres from any lot line; ii) the maximum residential floor area of the accessory dwelling unit shall be 90 square metres; iii) iv) the maximum height of the detached garage shall be 9.0 metres; a minimum of one parking space shall be provided and maintained on the lot to serve the accessory dwelling unit.
20- fi""'" 12) Section 9 is hereby amended by deleting Subsection 9.3 replacing new subsection 9.3 following subsection 9.2. as follows: it with a 9.3 OAK RIDGES MORAINE - GENERAL COMMERCIAL (ORM-C2) ZONE No person shall within any Oak Ridges Moraine General Commercial (ORM-C2) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: 9.3. 1 Permitted Uses I"""" i) accessory dwelling unit ii) iii) bake shop iv) business office automobile service station v) clinic day nursery vi) vii) dry cleaning and laundry collection station viii) financial institution hotel ix) x) parking station xi) personal service shop xii) place of amusement xiii) professional office xiv) public parking lot xv) restaurant - type A xvi) retail store xvii) taxi cab stand or station 9.3. 2 Regulations for Permitted Uses i) Minimum Lot Area Minimum Lot Area For an Accessory Dwelling Unit Nil 695 square metres ii) iii) Minimum Lot Frontage Minimum Yard Requirements a) Front Yard b) Interior Side Yard Interior Side Yard Abutting a Residential Zone Nil Nil Nil 7.5 metres r-- c) Exterior Side Yard d) Rear Yard 18.0 metres 7.5 metres
iv) v) 21 - Maximum Height Maximum Lot Coverage 12.0 metres 33% vi) Minimum Landscaped Open Space 50% vii) Accessory Dwelling Unit Regulations a) A maximum of one accessory dwelling unit shall be permitted within a building or structure containing the principle use; b) An accessory dwelling unit shall not be permitted within a building or structure containing an automobile service station use; c) the maximum floor area of an accessory dwelling unit shall be 100 square metres viii) Special Regulations 9.3. Special Conditions 9.3. 3.1 ORM-C2-1 a) In any yard abutting a Residential Zone a planting strip of at least 3.0 metres shall be required fi""'" a) In addition to the uses permitted in Subsection 9.3. 1, a maximum of four (4) dwelling units shall be permitted on the lands zoned "ORM-C2-1" subject to the following: i) a minimum of 1.25 parking spaces shall be provided for each dwelling unit which contains one or less than one bedroom; ii) a minimum of 1.75 parking spaces shall be provided for each dwelling unit which contains more than one bedroom; 13) Section 11 is hereby amended by adding a new subsection 11.3 following subsection 11.2 as follows: 11.3 OAK RIDGES MORAINE INDUSTRIAL (ORM-M1) ZONE No person shall within any Oak Ridges Moraine Industrial ORM-M1) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: r-
22-11.3. Permitted Uses i) bakery business office ii) iii) creamery iv) dairy v) dry cleaning pressing or laundry establishment vi) farm implement sales outlet vii) garage viii) light manufacturing or assembly of manufactured products such as: a) apparel and finished textile or fabric products b) paper and allied products c) furniture and finished lumber products d) light metal products, such as precision instruments, watches and radios ix) printing or duplicating shop x) professional office xi) railway loading facilities xii) retail sales accessory to a permitted use xiii) service or repair shop xiv) warehouse or distributing depot 11.3. 2 Regulations for Permitted Uses i) Minimum Lot Area Nil ii) Minimum Lot Frontage Nil iii) Minimum Yard Requirements a) Front Yard 12.0 metres Front Yard When the Opposite Side of the Street is a Residential Zone 30.0 metres b) Interior Side Yard 4.5 metres c) Side Yard When Abutting a Residential Zone 30.0 metres Exterior Side Yard 6.0 metres Exterior Side Yard When the Opposite Side of the Street is a Residential Zone 30.0 metres d) Rear Yard 7.5 metres Rear Yard When Abutting a Residential Zone 30.0 metres
23- iv) Minimum Landscaped Open Space 20% v) Maximum Height 12.0 metres vi) Retail Sales Regulations a) retail sales accessory to a permitted use shall not exceed 20 percent of the gross floor area of the building or structure in which it is located vii) Special Regulations a) All permitted uses shall be carried on within enclosed buildings or structures; b) In any yard abutting a Residential Zone a planting strip of at least 3.0 metres shall be required. 14) 13.4 Section 13 is hereby amended by adding and 13.5 following subsection 13.3 as follows: new subsections 13.4 OAK RIDGES MORAINE RECREATIONAL (ORM-R) ZONE No person shall within an Oak Ridges Moraine Open Space ORM-R) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: 13.4. Permitted Uses i) athletic fields badminton clubs ii) iii) bandstands iv) bleachers v) bowling greens vi) playfields vii) playgrounds viii) public park ix) skating rinks x) swimming pools xi) tennis courts 13.4. 2 Regulations for Permitted Uses i) ii) Minimum Lot Area Minimum Lot Frontage Nil Nil r-
24- Hi) Minimum Yard Requirements III"' a) Front Yard Interior Side Yard b) c) Exterior Side Yard d) Rear Yard 9.0 metres 9.0 metres 9.0 metres 9.0 metres v) Maximum Height 12.0 metres 13.5 OAK RIDGES MORAINE GOLF COURSE (ORM-GC) ZONE No person shall within any Oak Ridges Moraine Open Space ORM-GC) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: 13.5. Permitted Uses i) golf cou rse H) detached dwelling 13.5. 2 Regulations for Permitted Uses i) Minimum Lot Area 4.0 hectares ii) Minimum Lot Frontage 150 metres fi""'" iii) Minimum Yard Requirements iv) a) Front Yard b) Interior Side Yard c) Exterior Side Yard d) Rear Yard Maximum Lot Coverage 15.0 metres 6.0 metres 7.5 metres 15.0 metres 20% v) Maximum Height 12.0 metres 15) Section 14 is hereby amended by adding a new subsection 14.4 following subsection 14.3 as follows: 14.4 OAK RIDGES MORAINE ENVIRONMENTAL PROTECTION ORM-EP) ZONE No person shall, within any Oak Ridges Moraine Environmental Protection (ORM-EP) Zone erect, alter or use any building or structure except in accordance with the following provisions:
25-14.4. Permitted Uses i) ii) iii) iv) v) vi) conservation low intensity recreation resource management pump houses and buildings and structures for flood and erosion control detached dwelling on an vacant lot of record where a detached dwelling would have been permitted as of November 15, 2001 accessory buildings and/or structures, or minor site alteration associated with an existing-orm use 14.4. 2 Regulations for Permitted Uses i) a detached dwelling in accordance with Subsection 14.4. 1(v) shall be subject to the provisions of Subsection 6.4. 4; ii) No accessory buildings and/or structures shall exceed 10 square 14.4. 3 Special Conditions 14.4. 3.1 ORM-EP- 1 metres in area. a) In addition to the uses permitted in Subsection 14.4. 1, a home-based business, a bed and breakfast establishment, and accessory structures shall be permitted on the lands zoned " ORM-EP- 1"; b) Despite Clause 5.19( 6) of By-law 3037, a home-based business may occupy 25 percent of the finished floor area of a building to a maximum of 75 square metres; c) Despite Clause 5.19( 7) of By-law 3037, a home-based business may be permitted within an accessory building or structure; d) Despite section c) above, a home-based business located within an accessory structure may occupy 100 percent of the floor area of the accessory structure to a maximum of 75 square metres. 5. REPEAL OF BY-LAWS Upon this By-law being in force and effect, the following By-laws are hereby repealed: 1. 3524 2. 3643 r-
26-3. 1725/83 4. 1784/84 5. 1809/84 6. 2031/85 7. 2168/86 8. 2209/86 9. 2211/86 10. 2325/86 11. 2741/88 12. 3992/92 13. 4550/95 14. 4805/96 15. 4827/96 16. 5654/00 17. 5791/01 18. 6021/02 19. 6165/03 20. 6413/04 21. 6478/05 6. BY-LAW as amended, is hereby further amended only to the extent 3037, necessary By-law to give effect to the provisions of this By-law as it applies to the area set out in Schedules 1 to 9 inclusive, attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions Oak Ridges Moraine Conservation Act and the Planning Act. of the BY-LAW read a first, second and third time and finally passed this 6th day of March, 2006. David Ryan,
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a G File No.: OCT 2 8.2009 18-AZBO- 0024-0602 Date,of Decision: October 22, 2009 Municipality: City of Pickering Date of Notice: October 27, 2009 ZBL No. 6640/06) Subject Lands: City of Pickering - Oak Ridges Moraine NOTICE OF DECISION With respect to a Zoning. By-law Amendment Subsection 10(9) of the Oak Ridges Moraine Conservation Act, 2001 A decision was made on the date noted above to approve in part with modifications Zoning Bylaw No. 6640/06 for the City of Pickering. One non-decision is also being made to this amendment. Refer to the Minister's Decision for this specific non-decision. Purpose and Effect of the Zoning By-law The Zoning By-law No. 6640/06 has the effect of bringing the City of Pickering's Zoning By-law into conformity with the Oak Ridges Moraine Conservation Plan. The Zoning By-law does the following: Introduces new land use and resource management policies consistent with those under the Oak Ridges Moraine Conservation Plan; 1. Introduces new land use zones and development restrictions consistent with those under the Oak Ridges Moraine Conservation Plan and OPA 15; 2. Introduces Schedules in order to recognize the Oak Ridges Moraine boundary and plan area; the applicable land use zones and key natural heritage and hydrologically sensitive features. A copy of the decision is attached. When the Decision is Final The decision of the Minister of Municipal Affairs and Housing is final and there is no opportunity to appeal. Requests for Hearings Officer Section 10 (8)( b) of the Oak Ridges Moraine Conservation Act, 2001 allows the Minister to appoint a hearing officer to conduct a hearing and provide written recommendations. For Zoning By-law No. 6640/06, no request has been received. Other Related Applications: City of Pickering Official Plan Amendment No. 15 ( approved non-decision by the Minister on August 30, 2007). with modifications and one
Getting Additional Information Additional information about the Minister's decision is available for public inspection during regular office hours at the Ministry of Municipal Affairs and Housing at the address noted below: Municipal Services Office - Central Region 777 Bay St, 2nd Fir Toronto ON M5G 2E5 Contact: Louis Bitonti, MCIP, RPP, Senior Planner. Tele: (416) 585-6563 Fax: 416) 585-6882
DECISION With respect to Zoning By-law Amendment # 6640/06 Subsection 10(9) of the Oak Ridges Moraine Conservation Act 2001 I hereby approve Zoning By-law Amendment # 6640/06 of the City of Pickering, subject to the following modifications: Section 4. Text Amendments: 1. Item 4. (1), Section 2. DEFINITIONS (page, 2), is modified by.the following: i) In subsection (b), delete the definition for "Agricultural Use" in its entirety and replace with the following definition for "Agricultural Use": Agricultural Use" shall mean the growing of crops, including nursery and horticultural crops, raising livestock and other animals, including poultry and fish, for food and fur, aquaculture, and agroforestry and maple syrup production."; ii) Add new definitions "Agriculture-Related Uses" and "Animal Agriculture" as follows and renumber all of the definitions in Section 2 so that the definitions are in alphabetical order: Agriculture-Related Uses" shall mean commercial and industrial uses that are, small-scale, directly related to a farm operation, and required in close proximity to the farm operation. Animal Agriculture' shall ' mean the growing, producing and raising farm animals including, without limitation, livestock, including equines, poultry and ratites, fur-bearing animals, bees, cultured fish, deer and elk, and game animals and birds."; iii) In subsection (f), add the words, "and continues to be used for that purpose" after the words, "November 15, 2001, " in the second line; iv) delete subsection ( h) in its entirety and renumber the proceeding subsections accordingly; V) in subsection (i), add the words, " the words, "vacationing public" in the fourth line; in up to three guest rooms" after vi) in subsection (1) (a), add the words, "or agricultural operation" after the words, "detached dwelling" at the end; 1
vii) delete subsection (m) in its entirety and replace with the following definition: Low-intensity Recreational Uses" shall mean recreational uses that have minimal impact on the natural environment, and require very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to the following: a) non-motorized trail uses; b) natural heritage appreciation; c) unserviced camping on. public and institutional land;. d) accessory uses.,, viii) delete subsection (n) in its entirety and replace with the following definition: 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, as described in Section 5.39 of this By-law, by a public body, or b) for greater certainty, i) the reconstruction, repair or maintenance approved under the Drainage Act and in existence on November 15, 2001, or ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 200.1."; ix) in subsection (p), add the words, "and within the Oak Ridges Moraine Area as designated by Ontario Regulation 01/02" at the end; x) in subsection (t), delete the word, "wildlife" in the eighth line and add the words, "the preservation of fish and wildlife habitat" after the words, "proper environmental conditions for" in the eighth line; xi) Add the following new definitions and renumber all definitions in Section 2 so that the definitions are in alphabetical order: Connectivity" shall mean the degree to which natural heritage features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs. Development" shall mean the creation of a new lot, a change in land use, or the construction of buildings, and structures, any of which require approval under the Planning Act, the Environmental 2
Assessment Act, or the Drainage Act, but does not include, a) the construction of facilities for transportation, infrastructure and utilities uses, as described in Section 5.39 of this By-law, by a public body, or b) for greater certainty, i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or ii) the carrying out of agricultural practices on land that was being, used for agricultural uses on November 15, 2001.. Ecological Functions" shall mean the natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems, and landscapes, including hydrological functions and biological, physical, chemical and socio-economic interactions. Ecological Integrity', which includes hydrological integrity, shall mean the condition of ecosystems in which, a) the structure, composition and function of the ecosystems are unimpaired by stresses from human activity, b) natural ecological processes are intact and self-sustaining, and c) the ecosystems evolve naturally. Fish Habitat" shall mean the spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out the life processes, as further identified by the Department of Fisheries and Oceans Canada). Forest Management' shall mean the management of woodlands, including accessory uses such as the construction and maintenance of forest access roads and maple syrup production facilities, a) for the production of wood and wood products, including maple syrup, b) to provide outdoor recreation opportunities, c) to maintain, and where possible improve or restore, conditions for wildlife, and d) to protect water supplies. Mineral Aggregate Operation" shall mean, a) an operation, other than a wayside pit conducted under a licence or permit under the Aggregate Resources Act, and b) associated facilities used in the extraction, transportation, beneficiation, processing or recycling of mineral aggregate or the production of related by-products. 3
Portable Asphalt Plant" shall mean a temporary facility, to be dismantled at the completion of a construction project, where, a) equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material, and b) bulk materials used in the process described in clause a) are kept." Rapid Infiltration Basin" shall mean a basin or system of basins at or below grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to.a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff, collected from impervious surfaces. Rapid Infiltration Column" shall mean a column or system of columns at or below surface grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces. Self-Sustaining Vegetation" shall mean vegetation dominated by plants. that can grow and. persist without direct human management, protection, or tending. Small-scale Environmental Education Facilities" shall mean classrooms and support facilities used in association with low intensity recreation uses. Stormwater Management Pond" shall mean a detention basin that temporarily releases it at a controlled rate. stores or treats collected stormwater runoff and Wayside Pit" shall mean a temporary pit opened or used by or for a public body solely for the purpose of a particular project of road construction and not located on the right of way."; 2. Item 4. (2), Subsection 4.1. 2 Conflict With Zoning Provisions - Oak Ridges Moraine (page 7), is modified by deleting this new clause in its entirety and replacing with the following: 4.1. 2 Conflict With Zoning Provisions - Oak Ridges Moraine Where there is a conflict between the provisions of an ORM zone and any other provision of this By-law, the provisions of the ORM zone shall apply." 4
3. Item 4. (4), Boundaries of Zones (page 7), is modified by deleting the wording in this subsection in its entirety and replacing with the following: The boundary of the Oak Ridges Moraine Plan Area, as shown on Schedules 1 to 9 inclusive shall include land above the 245 metre contour elevation line and within the Oak Ridges Moraine Area as designated by Ontario Regulation 01/02." 4. Item 4. (8), new Subsection 5.32 (page 8), is modified as follows: i) Delete part. (b) in its entirety and replace with the following: b) Permitted Extension and Alteration of Uses Within the Oak Ridges Moraine Any dwelling on the same lot that is not permissible within the zone in which it is located, but that legally existed on or before November 15, 2001, shall be permitted to expand on lands that are located no closer than 90 metres from the Oak Ridges Moraine Environmental Protection (ORM-EP) Zone, by a maximum of an additional 100 square metres in gross floor area after the date of the passing of this By-law, in accordance with the yard, height, coverage and dwelling unit requirements of Section 6.44 of this By-law. A commercial, industrial, recreational building or structure on the same lot or an existing institutional use that is not permissible within the zone in which it is located, but that legally existed on or before November 15, 2001, shall be permitted to expand on lands that are located no closer than 90 metres from the Oak Ridges Moraine Environmental Protection (ORM-EP) Zone, by a maximum of an additional 10% of the existing gross floor area after the date of the passing of this By-law, in accordance with the provisions of the appropriate zoning ORM category of this By-law."; ii) Add the following new subsections after part (b) as follows: c) Existing Uses Notwithstanding any other provision in this By-law contrary, existing uses may continue until the uses(s) ceases. to the d) Nothing in this By-law shall prevent the repair or reconstruction within the same location and dimensions of an existing building or structure or part thereof, to a safe 5
i condition provided that such repair or reconstruction does not represent an intensification of the existing use, and does not increase the legal non-conforming footprint of the building or structure and that the building continues to be used for the same purpose. or structure e) The provisions of this By-law shall not apply to prevent the erection or use of a building or structure for a purpose prohibited by this By-law for which a building permit has been legally issued on or before November.115, 2001 so long as such building or structure; when erected, is used for the purpose for which it was erected, and provided that the erection of such building or structure is commenced within the time requirements as set out in the Building Permit or Building Code Act and such building or structure is completed within a reasonable time after the erection thereof is commenced. f) The provisions of this By-law shall not apply to prevent the conversion of an existing use to a similar use, if the applicant demonstrates that the conversion: 1. Will bring the use into closer conformity with this By-law; 2.. Will not adversely affect the ecological integrity of. the Oak Ridges Moraine Conservation Plan Area. g) The provisions of this By-law shall not apply to prevent the use, erection, or location of a single detached dwelling and accessory uses on a lot that existed on November 15, 2001 provided: 1. The proposed dwelling is located on an open public road allowance maintained on a year round basis and subject to the provisions of the Zoning By-law; and 2. The use, erection and location would have been permitted by the applicable Zoning By-law on November 15, 2001." 5. Item 4. (8), new Subsection 5.33 (page 9), is modified by deleting the words, "Schedule A" in the second line and replacing with the words, Schedules I to IX" and wherever this term is referenced in the By-law and by adding the words, along with the minimum areas of influence and requirements thereto as set out in Table 18 to the Official Plan" at the end of the first paragraph and this subsection is also modified as follows: i) Delete part (a) in its entirety and replace with the following: 6
a) Watercourses All buildings or structures shall be located a minimum of 30 metres from the meander belt of any permanent or intermittent stream, river or creek." ii) iii) iv) Under part (b), add the word, "Significant" before the word, Valleylands"; Under part (c), delete the words, the " edge of a wetland" and replace with the words, "any part of feature Under part (d), add the word, "Significant" before the word, Woodlands"; v) Add the following new parts after part (d): e) Fish Habitat All buildings and structures shall be located a minimum of 30 metres from any part of feature. f)' Seepage Areas and Springs All buildings and structures shall be located a minimum of 30 metres from any part of feature." 6. Item 4. (8), new Subsection 5.37 (page 10), is modified by adding the words, "or agricultural operation" after the words, "detached dwelling" in the second line of the first paragraph. The following new items are added: 7. Add the following new subsections following Subsection 5.37: 5.38 Prohibited Uses 5.38. 1 Notwithstanding any provision of this By-law, with the exception of those uses legally existing on November 15, 2001, which may continue until the use(s) ceases, the following uses are prohibited within an Area of High Aquifer Vulnerability identified on Schedule X: a) Generation and storage of hazardous waste or liquid industrial waste; b) Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal 7
facilities; c) Underground and above-ground storage tanks that are not equipped with an approved secondary containment device. d) Storage of contaminant listed in Schedule 3 ( Severely Toxic Contaminants) to Regulation 347 of the revised Regulations of Ontario, 1990. 5.38. 2 Rapid Infiltration Basins and Columns Notwithstanding any provision of this By-law, with the exception of those uses existing on November 15, 2001, which may continue. until the uses(s) ceases, new rapid infiltration basins and new rapid infiltration columns are prohibited on lands within the Oak Ridges Moraine Plan Area, as shown on Schedules I to IX inclusive to this By-law. 5.39 Transportation, Infrastructure and Utilities New publicly initiated transportation, infrastructure and utilities uses may be permitted to cross an Oak Ridges Moraine Environmental Protection (ORM-EP) Zone, as shown on Schedules I to IX inclusive of this By-law, in accordance with all the applicable. policies of the Official Plan. 5.40 Minimum Distance Separation Notwithstanding. any other yard or setback provisions of this By-law to the contrary, all farm and non-farm development for livestock facilities will comply with the Minimum Distance Separation formulae established by the Province in order to minimize odour conflicts between livestock facilities and development. All non-farm development on lots of record existing as of the date of this By-law shall be exempt from Minimum Distance Separation Formulae 1 requirements. New lots created after the date of this By-law shall be required to comply with the Minimum Distance Separation Formulae." 8. Item 4. (9), Subsection 6.4. 1 page ( 11), is modified as follows: i) Under part ii), add the words, "on a vacant lot that was zoned as of November 15, 2001" after the words, "detached dwelling"; ii) Add the following permitted uses after part vii): viii) bed and breakfast establishment ix) conservation projects and flood and erosion control projects x) new publicly initiated transportation, infrastructure and utilities 8
as defined in Section 5.39 of this By-laws' 9. Item 4. (9), Subsection 6.4. 2 page ( 11), is modified by the following: i) Add the following new subsection after part vi) and renumber the proceeding subsections accordingly: vii) Maximum Building Ground Floor Area 500 metres ii) iii) Under part vii) b), add the words, "provided it is used by persons employed on the farm" at the end under part viii) a), add the words, "and a bed and breakfast establishment" after the words, "A farm vacation home" in the first line. 10. Item 4. (9), Subsection 6.4. 3 page ( 12), is modified as follows: i) Under parti), delete the words, "detached dwelling" and replace with the words, "single detached dwelling on a vacant lot that was zoned as of November 15, 2001 ii) Under part.ii), add the words, "ancillary to the single detached dwelling" at the end. 11. Item 4. (9), Subsection 6.4. 5.1 page ( 13), is modified by the following: i) Add the words, "within a single dwelling" after the words, "shall be permitted" in the second line; ii) Add the following new subsection after part ii): iii) A single dwelling that is the principal residence of the proprietor of the establishment." 12. Item 4. (15), Subsection 14.4 page ( 24), is modified by adding the words, use any lot, or" after the words, ORM-EP) "( Zone" in the second line and adding the following new sentence at the start of the preamble: The Oak Ridges Moraine Environmental Protection (ORM-EP) Zone represents lands on the Oak Ridges Moraine that are located in a Key Natural Heritage Feature, or a Hydrologically Sensitive Feature and/or the feature's associated minimum vegetation protection zone." 13. Section 4. (15), Subsection 14.4. page( 25), is modified by deleting this subsection in its entirety and replacing with the following: 9
14.4. Permitted Uses Schedules: i) conservation projects and flood and erosion control projects ii) resource management iii) new publicly initiated transportation, infrastructure and utilities with the exception of stormwater management ponds as defined in Section 5.39 of this By-law iv) detached dwelling on a vacant lot of record where a single detached dwelling would have been permitted as. of November 15, 2001 and accessory uses thereto.." 14. Schedule 1(1), is deleted in its entirety and replaced with a revised Schedule I identified as Attachment "I". 15. Schedule II (2), is deleted in its entirety and replaced with a revised Schedule II identified as Attachment "2". 16. Schedule 111(3), is deleted in its entirety and replaced with a revised Schedule III identified as Attachment "3". 17. Schedule IV. (4), is deleted in its entirety and. replaced with a revised Schedule IV identified as Attachment "4". 18. Schedule V (5), is deleted in its entirety and replaced with a revised Schedule V identified as Attachment "5". 19. Schedule VI (6), is deleted in its entirety and replaced with a revised Schedule VI identified as Attachment "6". 20. Schedule VII 7), is deleted in its entirety and replaced with a revised Schedule VII identified as Attachment "7". 21. Schedule VIII (8), is deleted in its entirety and replaced with a revised Schedule VIII identified as Attachment "8". 22. Schedule IX (9), is deleted in its entirety and replaced with a revised Schedule IX identified as Attachment "9". The following new item is added: 23. Add anew Schedule X ( 10) identified as Attachment "10" which forms part of this By-law that shows the Areas of High Aquifer Vulnerability, shown with single and diagonal cross-hatching. 10
i 24. Add new subsections following Subsection 6.4. 5.1 as follows: 6.4. 5.2-2 a) No person shall within an Oak Ridges Moraine Agricultural - 2" Zone), use any land or erect, alter or use any building or structure except in accordance with the following: i) agricultural use ii) bed and breakfast establishment iii) conservation projects and flood and erosion control projects iv) detached dwelling on avacant lot that was zoned as of November 15, 2001 V) farm vacation home vi) home-based business vii) home industry viii) low intensity recreational uses ix) new publicly initiated transportation, infrastructure and utilities as defined in Section 5.39 of this By-law x) resource management A) small-scale environmental educational facilities xii) temporary detached dwelling accessory to an agricultural use b) Zone Requirements ("- 2" Zone) i) Minimum Lot Area 4 hectares ii) Minimum Lot Frontage 150 metres iii) Minimum Yard Requirements A Front Yard 15.0 metres B Interior Side Yard 6.0 metres C Exterior Side Yard 7.5 metres D Rear Yard 15.0 metres iv) Maximum Lot Coverage 20% v) Maximum Height 12.0 metres vi) Minimum Dwelling Floor Area Unit Gross 139 square metres vii) Maximum Building Ground Floor Area 500 metres c) Special Regulations ("- 2" Zone) 11
i) The maximum floor area for all buildings used for accessory small-scale environmental education facilities shall not exceed 350 square metres; ii) A farm vacation home and a bed and breakfast establishment shall provide a maximum of three guest rooms; iii) Temporary Detached Dwelling Requirements: A B C A temporary detached dwelling shall be permitted on.a lot with a minimum lot_ area of 40 hectares; Maximum of one temporary detached dwelling shall be permitted per lot; provided it is used by persons employed on the farm; Where a detached dwelling exists, the maximum distance between the detached dwelling and a temporary detached dwelling shall be 50.0 metres, and the temporary detached dwelling shall not be located in the front yard. iv) Where a home industry is permitted as an accessory detached dwelling or agricultural operation, the following provisions shall apply: use to a A B In addition to persons living on the premises not more than two (2) employees shall be engaged in the home industry; A home industry may be located in part of a dwelling or in any accessory building located on a lot on which a C D E F G dwelling is in existence, provided the total gross floor area utilized by the home industry does not exceed a maximum of 140 square metres; There shall be no display, other than a non-illuminated sign having a maximum surface area of 1.0 square metre; There shall be no outside storage of goods, materials or articles; Only motor vehicles associated with the home industry may be parked or stored on the lot in an interior side or rear yard; A boarding kennel shall not be permitted as a home industry; Home industry uses shall not include the generation of or storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 RSO, 1990. 12
6.4. 5.3-3 a) Despite Subsection 6.4, a detached dwelling shall be permitted in accordance with the following provisions: i) Minimum Lot Area 4,000 square metres ii) Minimum Lot Frontage 35 metres iii) Minimum Yard Requirements a) Front Yard 12.0 metres b) Interior Side Yard 3.0 metres c) Flankage Yard 10.0 metres d) Rear Yard 12.0 metres iv) Maximum Lot Coverage 20% v) Maximum Height 12.0 metres vi) Dwelling Unit Requirements b) Exceptions a) Maximum number of dwelling units per lot: one b) Minimum gross floor area-residential: 95 square metres i) Despite the minimum front yard depth provision of Subsection 6.4. 5.2 a)iii) a), the minimum front yard depth for a detached dwelling located on that Part of Lots 1,2 and 3 of Plan 424 designated as Part 1, Plan 40R-14166, shall be 5.3 metres; and ii) Subsection (i) above shall only apply to the detached dwelling as it existed on May 19, 1992 and shall not apply to any extension or addition thereof." Section 5. Repeal of By-laws: 25. Add the following after No. 21: 22. 6962/09" 13
SAVE and EXCEPT for the following: 26. Schedule Vll (7), in so far as it identifies the "ORM-GC" Zone located on the west side of Regional Road 23 (Lake Ridge Road), north of Regional Road 5 on the portion of the subject lands designated " Oak Ridges Moraine Natural Linkage Areas" and identified as Deferral 54 to the City of Pickering Official Plan. Dated at Toronto this 2? of 0 c To IBE cz 2 6 064 Jim Watson Minister of Municipal Affairs and Housing 14
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