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O. Reg. 465/09: ZONING AREA - EMPLOYMENT AND EMPLOYMENT SUPPORTIVE USES - TOWN OF BRADFORD WEST GWILLIMBURY, COUNTY OF SIMCOE

under Planning Act, R.S.O. 1990, c. P.13

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Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 465/09

ZONING AREA — EMPLOYMENT AND EMPLOYMENT SUPPORTIVE USES — TOWN OF BRADFORD WEST GWILLIMBURY, COUNTY OF SIMCOE

Consolidation Period: From July 1, 2012 to the e-Laws currency date.

Last amendment: O. Reg. 319/11.

This Regulation is made in English only.

Interpretation

1. (1) In this Order,

“accessory”, when used in relation to a use, building or structure, means a use, building or structure that is normally incidental, subordinate and exclusively devoted to the principal use, building or structure located on the same lot, including parking;

“data centre” means a building or structure that is used to house computer systems and associated components, such as telecommunications and storage systems;

“employment supportive use” means a use of land, or use of a building or structure for,

(a) an automobile service station,

(b) a bank,

(c) a convenience store,

(d) a day care facility,

(e) a fitness centre,

(f) a facility where industrial or agricultural machinery or equipment is kept for sale or lease,

(g) a personal grooming and wellness service,

(h) a restaurant,

(i) a facility, other than a facility mentioned in clause (f), that is used to service, repair or lease machinery, equipment, articles, goods or materials, but is not used to service, repair or lease vehicles or boats, or

(j) a private training facility;

“employment use” means a use of land, or use of a building or structure for,

(a) a manufacturing facility,

(b) a warehouse,

(c) a distribution centre,

(d) a data centre,

(e) a food processing facility,

(f) a research facility, or

(g) a public training facility;

“Environmental Protection Zone” means the area identified as such on the map described in section 2;

“food store” means a building or structure that is used to keep or offer for sale a comprehensive line of groceries, baked goods, fresh fruit and vegetables, canned goods, dairy products, frozen foods, and fresh and frozen meats;

“Interchange Node Zone” means the area identified as such on the map referred to in section 2;

“lot” means a parcel of land,

(a) described in a deed or other document legally capable of conveying land, or

(b) shown as a lot or block on a registered plan of subdivision;

“office” means a building or structure that is used for the practice of a profession, for a business or for public administration;

“private training facility” means a building or structure that is used to provide training in trade skills or other employment related skills, but does not include a public training facility;

“public training facility” means a building or structure that is used by a college, university or similar public institution to provide post-secondary school training focused on supporting industrial operations through education and retraining in trades, apprenticeships or other similar skills development;

“public use” means the use of land or a building or structure by a public body for public purposes;

“research facility” means a building or structure that is used for scientific, medical or dental research, investigation, testing, experimentation and product development, including a laboratory;

“retail establishment” means a building or structure that is used to keep or offer for sale goods or materials, but does not include a food store. O. Reg. 465/09, s. 1 (1).

(2) For the purposes of the definition of “data centre” in subsection (1), a data centre may also contain redundant or backup power supplies, redundant data communications connections, environmental controls, such as air conditioning or fire suppression, and security devices. O. Reg. 465/09, s. 1 (2).

(3) For the purposes of the definition of “food store” in subsection (1), a food store may also be used to,

(a) offer for sale confectionary, drugs, cosmetics, household supplies and hardware; and

(b) offer services including dry cleaning, financial services and a seasonal garden centre. O. Reg. 465/09, s. 1 (3).

(4) For the purposes of the definition of “office” in subsection (1), an office may be used to provide any professional, business or public administration services, including,

(a) architecture;

(b) engineering;

(c) industrial design;

(d) interior design;

(e) land surveying;

(f) management; and

(g) town planning. O. Reg. 465/09, s. 1 (4).

Application

2. This Order applies to land in the Town of Bradford West Gwillimbury in the County of Simcoe, in the Province of Ontario, being the land outlined in red on a map numbered 219 identified by stamp of the Registrar of Regulations on December 4, 2009 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street. O. Reg. 465/09, s. 2.

Use of land, Environmental Protection Zone

3. Every use of land and every erection, location or use of any building or structure in the Environmental Protection Zone is prohibited, except for,

(a) conservation and management of plants and wildlife;

(b) flood and erosion control; and

(c) open space and walking, hiking, bicycling and cross-country skiing trails. O. Reg. 465/09, s. 3.

Use of land, other than Environmental Protection Zone

4. (1) This section applies to the land described in section 2 that is not in the Environmental Protection Zone. O. Reg. 465/09, s. 4 (1).

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the land mentioned in subsection (1), except for,

(a) subject to subsection (3), accessory uses, buildings and structures;

(b) subject to subsection (4), employment uses;

(c) subject to subsection (4), offices;

(d) employment supportive uses;

(e) outdoor storage in conjunction with an employment use, if located on land that is not within the Interchange Node Zone;

(f) uses, buildings and structures that are lawfully in existence on the following lands on the date this Order comes into force,

(i) those lands being part of Lot 6, in Concession 7, identified as Property Identifier Number 58034-0030, registered in the Land Registry Office for the Land Titles Division of Simcoe (No. 51),

(ii) those lands being part of Lot 7, in Concession 6, identified as Property Identifier Numbers 58004-0005 and 58004-0006, registered in the Land Registry Office for the Land Titles Division of Simcoe (No. 51);

(g) subject to subsections (5) and (6), food stores, if located on land that is within the Interchange Node Zone;

(h) subject to subsection (7), hotels, if located on land that is within the Interchange Node Zone;

(i) subject to subsection (8), retail establishments, if located on land that is within the Interchange Node Zone;

(j) public uses;

(k) open space and walking, hiking, bicycling and cross-country skiing trails; and

(l) flood and erosion control. O. Reg. 465/09, s. 4 (2).

(3) For the purposes of clause (2) (a), a retail establishment accessory to an employment use shall have a maximum gross floor area of 10 per cent of the total gross floor area of the building or structure to which it is accessory. O. Reg. 465/09, s. 4 (3).

(4) For the purposes of clauses (2) (b) and (c), a data centre or an office, except for an office accessory to an employment use, shall have a maximum gross floor area of,

(a) 10,000 m2, if it is located within the Interchange Node Zone; and

(b) 7,500 m2 if it is located outside of the Interchange Node Zone. O. Reg. 465/09, s. 4 (4).

(5) For the purposes of clause (2) (g), a food store shall have a maximum gross floor area of 600 m2. O. Reg. 465/09, s. 4 (5).

(6) For the purposes of clause (2) (g), the total number of food stores shall not exceed two. O. Reg. 465/09, s. 4 (6).

(7) For the purposes of clause (2) (h), a hotel together with any accessory facilities, such as a banquet hall or convention centre, shall have a maximum gross floor area of 8,000 m2. O. Reg. 465/09, s. 4 (7).

(8) For the purposes of clause (2) (i), a retail establishment, except for a retail establishment accessory to an employment use, shall have a maximum gross floor area of 3,500 m2. O. Reg. 465/09, s. 4 (8).

Minimum distance separation

5. Every use of land described in section 2 and every erection, location or use of any building or structure on land described in section 2 shall comply with the minimum distance separation formulae set out in Publication 707 of the Ministry of Agriculture, Food and Rural Affairs entitled “Minimum Distance Separation (MDS) Formulae — Implementation Guidelines”, published in 2006 and available from that Ministry. O. Reg. 465/09, s. 5.

Terms of use

6. (1) Every use of land and every erection, location or use of any building or structure shall be in accordance with this Order. O. Reg. 465/09, s. 6 (1).

(2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force. O. Reg. 465/09, s. 6 (2).

(3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased or its original use altered. O. Reg. 465/09, s. 6 (3).

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure. O. Reg. 465/09, s. 6 (4).

(5) Nothing in this Order prevents the council of the Town of Bradford West Gwillimbury from passing a by-law under section 34 of the Act that applies to the land described in section 2 and that is more restrictive than the provisions of this Order. O. Reg. 465/09, s. 6 (5).

7. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 319/11, s. 1.