O. Reg. 446/20: ZONING ORDER - TOWN OF OAKVILLE, REGIONAL MUNICIPALITY OF HALTON

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 446/20

ZONING ORDER - town of oakville, regional municipality OF halton

Consolidation Period:  From February 24, 2023 to the e-Laws currency date.

Last amendment: 27/23.

Legislative History: 27/23.

This Regulation is made in English only.

Definitions

1. In this Order,

“accessory”, when used to describe a use, building or structure, means a use, building or structure normally incidental or subordinate to a long-term care home or retirement home use, building or structure located on the same lot, including but not limited to,

(a) a school, post-secondary,

(b) a day care,

(c) a general office,

(d) a medical office,

(e) a personal service shop,

(f) a research and development use,

(g) a restaurant,

(h) a retail store,

(i) a seniors’ community centre,

(j) a service commercial use,

(k) administrative offices,

(l) dining facilities,

(m) nursing stations, and

(n) activity rooms;

“long-term care home” has the same meaning as in the Fixing Long-Term Care Act, 2021;

“seniors’ community centre” means a multi-purpose facility or part of that facility which offers a variety of programs of a recreational, cultural, community service, informational or instructional nature that are designed for seniors;

“zoning by-law” means Zoning By-law 2009-189 of the Town of Oakville. O. Reg. 27/23, s. 1.

Application

2. (1) This Order applies to lands in the Town of Oakville in the Regional Municipality of Halton, in the Province of Ontario, being the lands described as Part of Lot 27, Concession 1, described as Parts 3 and 5 on Reference Plan 20R20782 and further identified by Property Identification Number 24928-0341 (LT) registered in the Land Registry Office for the Land Titles Division of Halton Region (No. 20). O. Reg. 446/20, s. 2.

(2) Despite any existing or future severance, partition or division of the lands described in subsection (1), this Order applies to the whole of the lands as if no severance, partition or division had occurred. O. Reg. 27/23, s. 2.

Permitted uses

3. In addition to the uses permitted by the zoning by-law on the lands described in subsection 2 (1), the following uses are permitted:

1. An apartment dwelling.

2. A long-term care home with accessory uses, buildings and structures.

3. A retirement home with accessory uses, buildings and structures.

4. A parking garage. O. Reg. 27/23, s. 3.

Zoning requirements

4. Despite the zoning by-law, the zoning requirements for the uses permitted under section 3 are as follows:

1. The lot line abutting Hospital Gate is deemed the front lot line.

2. The minimum front yard setback is 3 metres.

3. The minimum flankage yard setback is 3 metres.

4. The minimum rear yard setback is 6 metres.

5. The maximum building height is 63 metres.

6. The maximum number of storeys is 15.

7. The area of buildings occupied by retirement home uses shall not exceed a floor area of 73,000 square metres, including the floor area of any accessory uses.

8. The area of buildings occupied by apartment dwelling uses shall not exceed a floor area of 28,000 square metres.

9. The maximum number of dwelling units, other than dwelling units within a retirement home, is 250.

10. The maximum surface parking area coverage is 35 per cent of the lot area.

11. The minimum required parking spaces are as follows:

i. For a long-term care home, 0.25 spaces per bed.

ii. For a retirement home, 0.33 spaces per assisted living unit and dwelling unit within a retirement home.

iii. For an apartment building, 1.25 spaces per dwelling unit, of which 0.25 spaces per dwelling unit shall be designated as visitors parking spaces.

12. The minimum landscape area is 10 per cent of the lot area.

13. The minimum width of a landscape strip abutting any lot line or any surface parking area is 3 metres.

14. Rooftop mechanical equipment shall be set back a minimum of 5 metres from all edges of a roof if the rooftop mechanical equipment is not fully enclosed within a mechanical penthouse. O. Reg. 27/23, s. 3.

Terms of use

5. (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.

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