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O. Reg. 525/22: ZONING ORDER - TOWN OF COLLINGWOOD, COUNTY OF SIMCOE

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

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Versions
current November 16, 2022 (e-Laws currency date)

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 525/22

ZONING ORDER - TOWN OF COLLINGWOOD, COUNTY OF SIMCOE

Consolidation Period:  From November 16, 2022 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Order,

“accessory use” means a permitted use that is incidental to the principal or main use on a site;

“ancillary housing” means dwelling units for short or long-term accommodation that is incidental to institutional uses, health and wellness uses and other employment uses on the lot, and which can include workforce support housing or supportive health related housing;

“commercial parking lot” means temporary parking spaces for motor vehicles, usually rented or leased on an hourly, daily or monthly basis, including in at-grade, above-grade and below-grade parking structures;

“community amenity centre, private” means a building or structure, or a portion thereof, used for the purposes of social and recreational community activities and amenities including but not limited to a teaching and demonstration kitchen, senior’s activity centre and other community-based programs and activities, exclusive to community residents and operated privately;

“coworking space” means a facilitated work environment which may contain desks or other workspaces and facilities and is used by a recognized membership who share the site;

“cultural centre” means a premises used for social, cultural and educational events and activities, including cultural incubation space and space to support programs that may include arts, theatre and dance, and which may be operated for commercial purposes, through governmental or non-governmental organizations;

“data centre” means a networked computer server facility primarily used for the remote storage, processing and distribution of data;

“diagnostic and imaging centre” means a building or part of a building used for healthcare or sports care related testing, screening, imaging or therapy;

“discovery centre” means a premises where information pertaining to a development project, information regarding future land uses and other community information can be publicly accessed and disseminated, and which may include temporary sales offices or leasing and property management offices for rental buildings;

“dwelling, stacked, back-to-back townhouse” means a building containing three or more dwelling units in which each dwelling unit,

(a)  is divided both vertically and horizontally from another dwelling unit by a common wall,

(b)  has independent external access, and

(c)  shares a common rear exterior wall;

“dwelling, stacked townhouse” means a building containing three or more dwelling units in which each dwelling unit is divided both horizontally and vertically from another dwelling unit by a common wall and in which each dwelling unit has an independent external access;

“electric vehicle infrastructure” means equipment for an energized outlet that is clearly marked and identified for electric vehicle charging;

“emergency services” means the conducting of routine or emergency operations, other than emergency housing, by a federal, provincial or municipal department in a building or structure, or part thereof;

“high performance sports centre” means a premises offering athletic uses and services that may include physical conditioning, testing, rehabilitation, nutrition, physiology, medicine, sports therapy, osteopathy, kinesiology, sports simulators and facilities, education and life skills as well as office space in support of the centre;

“institutional use” means a use that will serve the community’s social, transportation, education, health, cultural and recreational needs, whether owned and operated by the government or privately;

“live-work unit” means a dwelling unit that may also be used for work purposes by the resident or others;

“major retail” means a large-format stand-alone retail store of over 6,000 square metres operated by a single-use operator;

“maker space” means a community workshop or community studio that is dedicated to collaboration and hands-on learning where individuals can gather and interact to create, invent and learn;

“mixed-use building” means a building containing residential and non-residential uses, with non-residential uses permitted on any level of the building including the first and second floors and on the rooftop;

“post-secondary school” means a premises used for educational purposes by a degree-granting college or university under Ontario legislation, including medical schools and nursing schools;

“private school” means a building, structure or part thereof, where academic instruction in a full range of the subjects of elementary or secondary school courses of study and any other educational activity is provided, and may include a nursery school, Montessori school, health or wellness school or cultural school, but does not include a school within the meaning of the Education Act;

“public use” means a use carried on by any government authority or their appointed Board or Commission, any public-sector utility provider or any railway;

“purpose-built athletes housing” means a mixed-use or residential building, structure or part thereof for providing either temporary or permanent living accommodations for athletes operating out of local athletic facilities;

“research and development establishment” means a premises for scientific research, product development and technology development which may include biosciences, biotechnology, sports medicine, mental health and wellness, aging in place, neurosciences, orthopaedics, engineering, general medicine, food sciences, urban agriculture and life sciences as well as office space in support of the uses;

“rooftop agriculture” means the use of a building’s roof to permit cultivation, farming and growing of food for personal consumption or commercial use;

site” means a portion of the lot for a development area to be covered by one or more buildings;

“transit station hub” means premises or facilities used for the operation of transportation or mobility systems that are provided by, on behalf of or in conjunction with the Town of Collingwood, Simcoe County, the Province of Ontario or the Government of Canada, or that are privately owned or operated;

“vehicle rental establishment” means a premises used for the rental of vehicles including motor vehicles, scooters, bicycles and e-bikes and repair of the vehicles;

“vehicle share” means the practice of a number of persons sharing the use of one or more motorized or electric vehicles, including but not limited to cars, bicycles, e-bikes, e-scooters and scooters, that are owned by a for-profit or non-profit vehicle sharing organization and that are made available for short-term rental, including hourly rental;

“vehicle wash establishment” means part of a building or parking structure used for mechanical or hand washing or cleaning of vehicles;

“wellness centre” means a premises providing services for therapeutic and wellness purposes, including a spa with outdoor pools and saunas, but does not include an adult entertainment establishment;

“workforce support housing” means a mixed-use or residential building, structure or part thereof for providing either temporary or permanent living accommodations for workers operating out of local employment uses;

“Zoning By-Law” means the Town of Collingwood Zoning By-law No. 2010-040.

Application

2. (1) This Order applies to lands in the Town of Collingwood in the County of Simcoe, in the Province of Ontario, being the lands outlined in red on the map numbered 320 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

(2) For the purposes of this Order, the lands located in the area shown as Mixed-Use Commercial (C4) Exception Zone in the map referred to in subsection (1) are considered a single lot.

Permitted uses — Mixed-Use Commercial (C4) Exception Zone

3. (1) This section applies to the lands in the area shown as the Mixed-Use Commercial (C4) Exception Zone on the map referred to in subsection 2 (1).

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands referred to in subsection (1), except for,

(a)  the uses permitted in the C4 Zone in the Zoning By-Law;

(b)  accessory uses;

(c)  ancillary housing;

(d)  arena;

(e)  athletic fields and outdoor sports courts;

(f)  botanical gardens;

(g)  brewery;

(h)  commercial parking lot;

(i)  community amenity centre, private;

(j)  community centre;

(k)  community teaching and demonstration kitchen;

(l)  coworking space;

  (m)  cultural centre;

(n)  data centre;

(o)  diagnostic and imaging centre;

(p)  discovery centre;

(q)  distillery;

(r)  district energy;

(s)  dog park;

(t)  dwelling, accessory;

(u)  dwelling, apartment;

(v)  dwelling, back-to-back townhouse;

(w)  dwelling, block townhouse;

(x)  dwelling, mixed-use building;

(y)  dwelling, rear-lane townhouse;

(z)  dwelling, stacked, back-to-back townhouse.

(z.1)  dwelling, stacked townhouse;

(z.2)  dwelling, street townhouse;

(z.3)  electric vehicle infrastructure;

(z.4)  emergency housing;

(z.5)  emergency services;

(z.6)  food and market hall;

(z.7)  food super market;

(z.8)  greenhouse;

(z.9)  high performance sports centre;

(z.10) home for special care;

(z.11) hospice;

(z.12) hospital;

(z.13) incubation and accelerator space;

(z.14) laboratory;

(z.15) library;

(z.16) live-work units;

(z.17) long term care home;

(z.18) maker spaces;

(z.19) manufacturing, processing, assembly or fabrication plant;

(z.20) medical and health technology fabrication labs;

(z.21) medical equipment & supply manufacturing;

(z.22) open market;

(z.23) outdoor amphitheatre and bandshell;

(z.24) park, private;

(z.25) park, public;

(z.26) pharmacy;

(z.27) post-secondary school;

(z.28) private school;

(z.29) public use;

(z.30) public washrooms;

(z.31) purpose-built athletes housing;

(z.32) refreshment vehicle;

(z.33) research and development establishment;

(z.34) retail commercial establishment;

(z.35) retail outlet for the sale of alcoholic beverages;

(z.36) rooftop agriculture;

(z.37) sports equipment rental;

(z.38) stormwater management facility;

(z.39) student housing dormitories;

(z.40) temporary accommodations and supportive health housing;

(z.41) temporary pop-up commercial stalls and kiosks;

(z.42) trails, private;

(z.43) trails, public;

(z.44) transit station hub;

(z.45) vehicle rental establishment;

(z.46) vehicle share;

(z.47) vehicle wash establishment;

(z.48) wellness centre; and

(z.49) workforce support housing.

(3) Despite clause (2) (a), the following uses are prohibited on the lands located in the area shown as the Mixed-Use Commercial (C4) Exception Zone on the map referred to in subsection 2 (1):

1.  Arcade.

2.  Dry cleaning distribution outlet.

3.  Dwelling, duplex.

4.  Dwelling, semi-detached.

5.  Dwelling, single-detached.

6.  Financial institution.

7.  Hotel.

8.  Motel.

9.  Motor vehicle gasoline station.

10.  Newspaper.

11.  Video outlet.

12.  Wholesale outlet.

(4) Despite subsection (2), the following uses are prohibited within the hatched area of the Mixed-Use Commercial (C4) Exception Zone as shown on the map referred to in subsection 2 (1):

1.  Ancillary housing.

2.  Dwelling, accessory.

3.  Dwelling, apartment.

4.  Dwelling, back-to-back townhouse.

5.  Dwelling, block townhouse.

6.  Dwelling, mixed-use building.

7.  Dwelling, rear-lane townhouse.

8.  Dwelling, stacked, back-to-back townhouse.

9.  Dwelling, stacked townhouse.

10.  Dwelling, street townhouse.

11.  Home for special care.

12.  Hospice.

13.  Hospital.

14.  Live-work units.

15.  Long-term care home.

16.  Post-secondary school.

17.  Private school.

18.  Student housing dormitories.

19.  Temporary accommodations and supportive health housing.

20.  Workforce support housing.

Temporary permitted uses — Mixed-Use Commercial (C4) Exception Zone

4. Every temporary use of land and every erection, location or use of any building or structure is prohibited on the lands located in the area shown as the Mixed-Use Commercial (C4) Exception Zone on the map referred to in subsection 2 (1) except for,

(a)  the temporary uses permitted under Section 4.0 of the Zoning By-Law;

(b)  drive-in use;

(c)  sports fields; and

(d)  tourist camps.

Zoning requirements — general

5. The zoning requirements set out in Section 4.0 General Provisions of the Zoning By-Law apply to the lands identified in section 2, with the following exceptions: 

1.  The minimum centre line setback to Poplar Sideroad is 10 metres from the property line.

2.  The minimum centre line setback to Sixth Line is 13 metres from the property line.

3.  The minimum centre line setback to Raglan Street is 13 metres from the property line.

Zoning requirements — Mixed-Use Commercial (C4) Exception Zone

6. The zoning requirements set out in Table 7.3.1.1 and Section 7.4 of the Zoning By-Law apply to the lands shown as the Mixed-Use Commercial (C4) Exception Zone on the map referred to in subsection 2 (1), with the following exceptions: 

1.  The minimum required front yard setback is 3 metres.

2.  The maximum building height is 12 storeys.

3.  The maximum permitted heights exclude features above the roof, including mechanical penthouses, stairway and elevator exits, amenity uses and exemptions listed in section 4.24 of the Zoning By-Law.

4.  Outdoor amenity space for residential and mixed-use buildings is permitted on the roof of buildings.

5.  Residential uses in stand-alone buildings may not exceed 25 per cent of the total gross site area in the Mixed Use Commercial (C4) Exception Zone.

6.  Despite paragraph 5, there is no maximum gross floor area requirement for mixed-use buildings or long-term care homes within the meaning of the Fixing Long-Term Care Act, 2021.

7.  A minimum of 25 per cent of the ground floor of a mixed-use building shall be comprised of non-residential uses.

8.  A minimum of 60,000 square metres of gross floor area of combined office, institutional uses and light industrial uses is required on the lot, including accessory uses.

9.  Office uses are permitted in stand-alone buildings or in mixed-use buildings or may be accessory to the primary use on a site.

10.  A maximum of 20,000 square metres of gross floor area of retail uses are permitted, excluding accessory uses. 

11.  There is no minimum unit size requirement for a commercial use in a mixed-use building.

12.  Despite Section 7.2.1.8 Footnote (h) of the Zoning By-Law, medium and high density residential uses are permitted.

13.  A vehicle wash establishment is only permitted within a building or parking structure. 

14.  Major retail is not permitted in a stand-alone building.

Parking requirements

7. The parking requirements set out in Table 5.15.1.1 of the Zoning By-Law apply to the Mixed-Use Commercial (C4) Exception Zone, with the following exceptions:

1.  The required parking for a non-residential use may be provided on one or more lots in the surrounding area, provided that the off-site parking abuts the lands identified in section 2 or is on a lot directly across a public street and is no further than 300 metres from the boundary of the lands identified in section 2.

2.  The required parking for a residential use must be provided on the same site as that residential use.

3.  Parking lots and garages may include electric vehicle charging stations.

Environmental Protection Zone

8. (1) This section applies to the lands located in the area shown as the Environmental Protection (EP) Zone on the map referred to in subsection 2 (1).

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands located in the area shown as Environmental Protection (EP) Zone, except for,

(a)  the uses permitted in the EP Zone set out in Section 9.3.1.1 of the Zoning By-Law; and

(b)  public parks and open spaces.

(3) The zoning requirements for the EP Zone set out in Section 9.3.1.1 of the Zoning By-Law apply to the lands identified in subsection (1).

Terms of use

9. (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

10. 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 Collingwood.

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