O. Reg. 771/21: ZONING ORDER - CITY OF KAWARTHA LAKES, Under: Planning Act, R.S.O. 1990, c. P.13

Today, December 5, 2024, current consolidated laws on e-Laws are current (up-to-date) to November 1, 2024 (e-Laws currency date).

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 771/21

ZONING ORDER — CITY OF KAWARTHA LAKES

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

Last amendment: 54/23.

Legislative History: 163/22, 490/22, 54/23, CTR 28 MR 23 - 1.

This Regulation is made in English only.

Interpretation

1. (1) In this Order,

“back-to-back”, in reference to a townhouse dwelling, means a dwelling unit in a building containing four or more dwelling units that,

(a)  are divided vertically by common walls,

(b)  have a common rear wall,

(c)  do not have rear yards, and

(d)  are each accessed by an independent entrance;

“place of assembly” means a building, or part thereof, in which facilities are provided for purposes such as meeting for civic, educational, political, religious, social, cultural, recreational or athletic purposes, and includes banquet halls, convention centres, private clubs, service clubs and fraternal organizations.

“stacked”, in reference to a townhouse dwelling, means a dwelling unit in a building consisting of at least four dwelling units that are divided vertically by common walls and horizontally from other attached dwelling units;

“Zoning By-law” means the Township of Ops Zoning By-law No. 93-30. O. Reg. 54/23, s. 1.

(2) A reference in this Order or in the Zoning By-law to a sight triangle is a reference to the triangular space on a lot formed by two intersecting street lines and a line drawn from a point in one street line across the lot to a point in the other street line, each point being a minimum of five metres for a local road and 7.5 metres for any other road type from the point of intersection of the street lines, measured along the street lines. If the two street lines do not intersect at a point, the point of intersection of the street lines is deemed to be,

(a)  the intersection of the projection of the street lines; or

(b)  if the street lines are not straight, the intersection of the tangent to the street lines. O. Reg. 54/23, s. 1.

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 324 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; O. Reg. 54/23, s. 2.

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;

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

  (ee)  theatres;

(ff)  recreational establishments;

  (gg)  fitness centres;

  (hh)  commercial schools; and

(ii)  places of assembly. O. Reg. 771/21, s. 3; O. Reg. 54/23, s. 3.

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.

4.1  Despite paragraphs 3 and 4, the following structures are permitted to project or overhang into a front, rear or side yard setback area:

i.  Eaves, cornices, canopies, awnings, roofs or other overhanging projections of a building, which may project or overhang a distance of not more than 0.6 metres.

ii.  An open platform or stairway, which may project a distance of not more than 0.9 metres.

iii.  An open terrace, open balcony, deck or porch, which may project a distance of not more than 2.4 metres inclusive of any steps to access the deck or porch.

iv.  A chimney with a maximum width of 2.4 metres, which may project a distance of 0.6 metres.

4.2  There is no required setback from a sight triangle.

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.

9.  The minimum number of parking spaces is one per residential dwelling unit. O. Reg. 771/21, s. 4 (1); O. Reg. 54/23, s. 4 (1).

(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.

2.1  Despite paragraph 2, the following structures are permitted to project into a front, rear or side yard setback area:

i.  Eaves, cornices, canopies, awnings, roofs or other overhanging projections of a building, which may project or overhang a distance of not more than 0.6 metres.

ii.  An open platform or stairway, excluding a fire escape, which may project a distance of not more than 0.9 metres.

iii.  An open terrace, open balcony, deck or porch, which may project a distance of not more than 2.4 metres.

iv.  A chimney with a maximum width of 2.4 metres, which may project a distance of 0.6 metres.

2.2  Despite paragraph 2, a fire escape may project a distance of not more than 0.9 metres into a side or rear yard setback area.

2.3  Despite paragraph 2, a canopy or portico over the major entrance to an apartment dwelling may project into the required yard a distance equal to one-half the setback of the dwelling from the street line.

2.4  There is no required setback from a sight triangle.

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. O. Reg. 771/21, s. 4 (2); O. Reg. 54/23, s. 4 (2).

(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. O. Reg. 771/21, s. 4 (3).

(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) and (ee) to (ii) 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.

2.1  Despite paragraph 2, the following structures are permitted to project into a front rear or side yard setback area:

i.  Eaves, cornices, canopies, awnings, roofs or other overhanging projections of a building, which may project or overhang a distance of not more than 0.5 metres.

ii.  An open platform or stairway, excluding a fire escape, which may project a distance of not more than 0.9 metres.

iii.  An open terrace, open balcony, deck or porch, which may project a distance of not more than 2.4 metres.

iv.  A chimney with a maximum width of 2.4 metres, which may project a distance of 0.6 metres.

2.2  Despite paragraph 2, a fire escape may project a distance of not more than 0.9 metres into a side or rear yard setback area.

2.3  There is no required setback from a sight triangle.

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. O. Reg. 771/21, s. 4 (4); O. Reg. 54/23, s. 4 (3, 4).

(5) The zoning requirements for the uses permitted under clause 3 (dd) are the following:

1.  The zoning requirements set out in subsection 9.2 of the Zoning By-law apply.

2.  Despite paragraph 1, the following structures are permitted to project into a front, rear or side yard setback area:

i.  Eaves, cornices, canopies, awnings, roofs or other overhanging projections of a building, which may project or overhang a distance of not more than 0.6 metres.

ii.  An open platform or stairway, excluding a fire escape, which may project a distance of not more than 0.9 metres.

iii.  An open terrace, open balcony, deck or porch, which may project a distance of not more than 2.4 metres.

iv.  A chimney with a maximum width of 2.4 metres, which may project a distance of 0.6 metres.

3.  Despite paragraph 1, a fire escape may project a distance of not more than 0.9 metres into a side or rear yard setback area.

4.  There is no required setback from a sight triangle. O. Reg. 54/23, s. 4 (5).

(6) Despite subsection 2.11.1 of the Zoning By-law, a loading space is a minimum of 9 metres long, a minimum of 3.5 metres wide and has a vertical clearance of at least 4.2 metres. O. Reg. 54/23, s. 4 (6).

(7) Despite subsection 2.11.6 of the Zoning By-law,

(a)  no loading spaces are required where the gross floor area of a building is equal to or less than 299 square metres;

(b)  one loading space is required where the gross floor area of a building is between 300 square metres and 999 square metres;

(c)  two loading spaces are required where the gross floor area of a building is between 1,000 square metres and 2,299 square metres;

(d)  three loading spaces are required where the gross floor area of a building is between 2,300 square metres and 7,500 square metres;

(e)  four loading spaces are required where the gross floor area of a building is greater than 7,500 square metres; and

(f)  one loading space is required for every 750 square metres of gross floor area of a building that is in addition to the gross floor area set out in clause (e). O. Reg. 54/23, s. 4 (6).

(8) Despite subsections 2.17.1 and 19.141 of the Zoning By-law, a parking space is a minimum of 5.7 metres long, a minimum of 2.7 metres wide and has a vertical clearance of at least two metres. O. Reg. 54/23, s. 4 (6).

(9) Stairs into a main building and internal to an enclosed garage are permitted to encroach a maximum of 0.3 metres into a parking space. O. Reg. 54/23, s. 4 (6).

(10) Section 2.22, section 2.29 ix and subsection 2.4.2 of the Zoning By-law do not apply. O. Reg. 54/23, s. 4 (6).

(11) Without limiting the application of section 2.7 of the Zoning By-law, the building height provisions of the Zoning By-law do not apply to the following uses:

1.  Cupolas, finials and weathervanes, or similar architectural, landscape or ornamental features.

2.  Light standards.

3.  Lightning rods.

4.  Parapets.

5.  Mechanical penthouses.

6.  Unenclosed mechanical equipment.

7.  Skylights less than 0.6 metres in height.

8.  Steeples. O. Reg. 54/23, s. 4 (6).

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).