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Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 771/21

ZONING ORDER — CITY OF KAWARTHA LAKES

Consolidation Period:  From September 23, 2022 to the e-Laws currency date.

Last amendment: 490/22.

Legislative History: 163/22, 490/22.

This Regulation is made in English only.

Definition

1. In this Order,

“Zoning By-law” means the Township of Ops Zoning By-law No. 93-30.

Application

2. This Order applies to lands in the City of Kawartha Lakes, in the Province of Ontario, being the lands identified on a map numbered 312 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street. O. Reg. 771/21, s. 2; O. Reg. 163/22, s. 1; O. Reg. 490/22, s. 1.

Permitted uses

3. Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in section 2, except for,

(a) the uses permitted on those lands under the Zoning By-law;

(b) detached dwellings;

(c) semi-detached dwellings;

(d) duplex dwellings;

(e) townhouse dwellings, including street, lane, back-to-back and stacked dwellings;

(f) apartment dwellings;

(g) homes for the aged;

(h) home occupations;

(i) recreation trails;

(j) public utilities, including stormwater management facilities and pump stations;

(k) conservation uses;

(l) animal hospitals;

(m) art galleries;

(n) retail stores;

(o) dry cleaning or laundry outlets and laundromats;

(p) eating establishments;

(q) financial establishments;

(r) funeral homes;

(s) hotels;

(t) clinics;

(u) business, professional or administrative offices, including model homes and associated sales offices;

(v) personal service shops;

(w) post offices;

(x) printing or publishing establishments;

(y) merchandise service shops;

(z) supermarkets;

  (aa) taverns or entertainment lounges;

  (bb) television or radio broadcasting stations or studios;

(cc) dwelling units above a commercial use; and

  (dd) the uses permitted under subsection 9.1 of the Zoning By-law.

Zoning requirements

4. (1) Despite the Zoning By-law, the zoning requirements for the uses permitted under clauses 3 (b) to (e) are as follows:

1. The minimum lot area is 106 square metres.

2. The minimum lot frontage is 4.25 metres.

3. The minimum front, rear and exterior side yard setback is 3 metres.

4. The minimum interior side yard setback is 1.2 metres on one side and 0.6 metres on the other side.

5. Paragraph 4 does not apply to the common wall between dwelling units.

6. The maximum building height is 14 metres.

7. The maximum lot coverage for all buildings is 65 per cent.

8. Despite paragraph 7, there is no maximum lot coverage for townhouse dwellings.

(2) Despite the Zoning By-law, the zoning requirements for the uses permitted under clauses 3 (f) and (g) are as follows:

1. The minimum lot frontage is 30 metres.

2. The minimum front, rear, interior and exterior side yard setback is 3 metres.

3. The minimum distance between two apartment dwellings or an apartment dwelling and a townhouse dwelling unit on the same lot or adjacent lots is the average height of the two buildings.

4. The minimum distance between an apartment dwelling and a single or semi-detached dwelling unit on an adjacent lot is the height of the apartment dwelling.

5. The maximum building height is 20 metres.

6. The maximum density per gross hectare is 250 dwelling units.

7. The minimum landscaped open space is 20 per cent.

8. The minimum number of parking spaces is 1.1 per dwelling unit plus 0.25 per dwelling unit for exclusive use of visitors.

(3) For the purposes of calculating density in paragraph 6 of subsection (2) and parking in paragraph 8 of subsection (2), a dwelling unit in a home for the aged shall be considered the equivalent of 0.5 dwelling units.

(4) Despite the zoning requirements set out in the Zoning By-law, the zoning requirements for the uses permitted under clauses 3 (l) to (cc) are as follows:

1. The minimum lot area is 360 square metres.

2. The minimum front, rear and exterior side yard setback is 4 metres.

3. Despite paragraph 2, there is no minimum rear yard setback where the building or structure is adjacent to a public or private laneway.

4. The minimum interior side yard setback is 2 metres.

5. Despite paragraph 4, there is no minimum interior side yard setback where two commercial uses are situated on abutting lots.

6. The maximum building height is 15 metres.

7. The maximum lot coverage is 75 per cent.

8. The maximum gross floor area as percentage of lot area is 225 per cent.

(5) The zoning requirements set out in subsection 9.2 of the Zoning By-law apply to the uses permitted under clause 3 (dd).

Terms of use

5. (1) Every use of land and every erection, location and use of buildings or structures 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 and its original use is not altered.

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

Deemed by-law

6. This Order is 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 Kawartha Lakes.

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