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O. Reg. 172/20: ZONING ORDER - TOWN OF WHITCHURCH-STOUFFVILLE AND CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK

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

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Versions
current April 24, 2020 (e-Laws currency date)

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 172/20

ZONING ORDER - TOWN OF WHITCHURCH-STOUFFVILLE AND CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK

Consolidation Period: From April 24, 2020 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Application

1. This Order applies to,

(a) lands in the Town of Whitchurch-Stouffville in the Regional Municipality of York, in the Province of Ontario, being the lands identified on a map numbered 236 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street; and

(b) lands in the City of Markham in the Regional Municipality of York, in the Province of Ontario, being the lands identified on a map numbered 236 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Permitted uses — Whitchurch-Stouffville

2. (1) Every use of land and every erection, location or use of any building or structure is prohibited on those lands described in clause 1 (a) except for the following uses identified in the Town of Whitchurch-Stouffville Comprehensive Zoning By-law 2010-001-ZO:

1. The uses identified in Section 5A of the Zoning By-law in the Residential New Four (RN4) Zone in the area shown as “RN4” on the map described in section 1.

2. The uses identified in Section 5A of the Zoning By-law in the Residential New Five (RN5) Zone in the area shown as “RN5” on the map described in section 1.

3. The uses identified in Section 6.1 of the Zoning By-law in the Commercial Residential Mixed - Western Approach (CM2) Zone in the area shown as “CM2” on the map described in section 1.

(2) Despite subsection (1), the following uses are not permitted in the Residential New Four (RN4) Zone:

1. Duplex dwellings.

2. Semi-detached dwellings.

(3) Despite subsection (1), in the Open Space (OS) Zone, the following uses are permitted:

1. A storm water management facility.

2. Flood and erosion control.

Permitted uses — Markham

3. (1) Every use of land and every erection, location or use of any building or structure is prohibited on those lands described in clause 1 (b), except for the following:

1. In the area shown as “R3” on the map described in section 1,

i. the uses identified in the City of Markham Zoning By-law 177-96 for the Residential Three (R3) Zone, and

ii. one accessory dwelling unit located within a townhouse dwelling.

2. In the area shown as “R4” on the map described in section 1,

i. the uses identified in the City of Markham Zoning By-law 177-96 for the Residential Four (R4) Zone, and

ii. retirement homes.

(2) Despite subparagraph 1 i of subsection (1), the following uses are not permitted in the area shown as “R3” on the map described in section 1:

1. Semi-detached dwellings.

2. Duplex dwellings.

3. Triplex dwellings.

4. Fourplex dwellings.

5. Apartment dwellings.

(3) Despite subparagraph 2 i of subsection (1), the following uses are not permitted in the area shown as “R4” on the map described in section 1:

1. Retail stores.

2. Personal service shops.

Zoning requirements — Whitchurch-Stouffville

4. The zoning requirements for those lands described in clause 1 (a) are as follows:

1. The requirements for the uses set out in section 5A.2 of the Town of Whitchurch-Stouffville Comprehensive Zoning By-law 2010-001-ZO apply to lands in the Residential New Five (RN5) Zone and the Residential New Four (RN4) Zone as shown on the map described in section 1, with the following exceptions:

i. Within the Residential New Five (RN5) Zone, the minimum exterior side yard for apartment dwellings is 4.5 metres.

ii. Within the Residential New Four (RN4) Zone, the minimum lot frontage for townhouse dwellings is 6.0 metres per dwelling unit.

2. The requirements for the uses set out in section 6.2 of the Town of Whitchurch-Stouffville Comprehensive Zoning By-law 2010-001-ZO apply to the lands in the Commercial Residential Mixed - Western Approach (CM2) Zone as shown on the map described in section 1.

3. No zoning requirements apply to lands in the Open Space (OS) Zone as shown on the map described in section 1.

4. There is no maximum lot coverage for the lands described in section 1.

Zoning requirements — Markham

5. (1) The zoning requirements for the area shown as “R3” on the map described in section 1 are the requirements for the uses set out in section 5 Table B5 of the City of Markham Zoning By-law 177-96 and Parking Standards By-law 28-97, with the following exceptions:

1. Lots are permitted to front onto a private street.

2. The maximum height of a front porch measured from average grade along the front wall of a building is 1 metre.

3. The minimum setback between buildings abutting the northerly lot line is 3 metres.

4. The minimum rear yard setback is 7.5 metres.

5. The minimum required parking spaces is 1.25 parking spaces per townhouse dwelling unit for residents plus 0.25 parking spaces per townhouse dwelling unit reserved for visitors.

6. The minimum required accessible parking spaces is two parking spaces plus 2 per cent of total required parking spaces.

7. The maximum number of townhouse dwellings is 34.

8. No more than 50 per cent of the gross floor area of a dwelling unit may be located below established grade.

(2) The zoning requirements for the area shown as “R4” on the map described in section 1 are the requirements for the uses set out in section 5 Table B6 of the City of Markham Zoning By-law 177-96 and Parking Standards By-law 28-97, with the following exceptions:

1. The minimum rear yard setback is 11 metres.

2. The minimum number of apartment dwelling units is 120.

3.   The maximum number of apartment dwellings units is 500.

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.

(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.

(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.

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

Deemed by-law

7. (1) The parts of this Order that pertain to the Town of Whitchurch-Stouffville are deemed for all purposes, except the purposes of section 24 of the Act, to be and to always have been a by-law passed by the council of the Town of Whitchurch-Stouffville.

(2) The parts of this Order that pertain to the City of Markham are deemed for all purposes, except the purposes of section 24 of the Act, to be and to always have been a by-law passed by the council of the City of Markham.

8. Omitted (provides for coming into force of provisions of this Regulation).