O. Reg. 516/22: ZONING ORDER - TOWN OF NEWMARKET, REGIONAL MUNICIPALITY OF YORK

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 516/22

ZONING ORDER — TOWN OF NEWMARKET, REGIONAL MUNICIPALITY OF YORK

Consolidation Period: From November 4, 2022 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definition

1. In this Order,

“zoning by-law” means Zoning By-law 2019-06 of the Town of Newmarket.

Application

2. This Order applies to the lands in the Town of Newmarket, in the Regional Municipality of York, in the Province of Ontario, being the lands outlined in red on a map numbered 316 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

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, other than the following uses:

1.  The uses permitted by the zoning by-law.

2.  Emergency shelters that provide temporary accommodation to individuals who are in immediate need of emergency accommodation and food, including spaces for programs administration, health care, counselling and social support services.

3.  Transitional housing that offers accommodation to individuals who access on-site social supports.

4.  Accessory buildings and structures that are incidental or subordinate to the principal use building or structure located on the same lot, including temporary trailers used for community events and other programming.

Zoning requirements

4. The zoning requirements set out in section 6.2.2 (Permitted Uses and Permitted Uses with Conditions) of the zoning by-law apply to the lands described in section 2 of this Order, with the following exceptions:

1.  The minimum width of the landscape buffer between the parking lot and the north property line is one metre.

2.  The minimum width of the landscape buffer between the parking lot and the south property line is 0.25 metres.

3.  The landscape buffer referred to in paragraph 2 shall be bordered by a fence and shall not have other uses encroach onto it.

4.  A parking space is not obstructed if a fence is situated within 0.3 metres of one side of the parking space.

5.  A minimum of five parking spaces are required, including one Type A barrier free parking space in accordance with section 5.3.3 of the zoning by-law.

6.  A minimum of four outdoor bicycle parking spaces and two indoor bicycle parking spaces are required.

7.  Despite section 5.3.4 of the zoning by-law, bicycle parking spaces are permitted in the basement.

8.  The minimum setback from the parking lot to the north property line is one metre.

9.  The minimum setback from the parking lot to the south property line is 0.25 metres.

10.  Despite paragraph 3, snow storage is permitted anywhere on the lands described in section 2.

11.  The minimum driveway width is 6.0 metres.

12.  Despite section 5.5 of the zoning by-law, one driveway entrance is permitted.

13.  One loading space with a minimum length of 5.5 metres is required.

14.  Despite sections 5.6.2, 6.2.4.10 (i) and 6.2.4.10 (ii) of the zoning by-law, the required loading space may be located outside the building and accessed from the parking lot.

15.  There is no minimum required floor space index.

16.  The maximum floor space index is 2.0.

17.  Section 6.2.4.2 (iii) (c) of the zoning by-law does not apply to this Order.

18.  Section 6.2.4.5 (ii) and (iii) of the zoning by-law does not apply to this Order.

19.  Section 6.2.4.9 (v) of the zoning by-law does not apply to this Order.

Terms of use

5. (1) Every use of land and every erection, location and 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 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 Town of Newmarket.

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