O. Reg. 4/23: ZONING ORDER - CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 4/23

ZONING ORDER - CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA

Consolidation Period:  From January 20, 2023 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Order,

“farm winery” means a site on which buildings and structures are used for the making of wines from fruit grown exclusively on site;

“hotel” means a commercial building or group of buildings providing temporary accommodation for travellers or transients on a year-round basis, and may include one or more restaurants, meeting rooms or villas;

“lot area” means the total horizontal area within the lot lines of a lot;

“spa” means a commercial establishment that offers health and beauty treatment though such means as baths, exercise equipment and other personal service uses;

“villa” means a building intended to form part of and operated in conjunction with a hotel and comprised of one or more self-contained units each of which include a kitchen, sanitary facilities and up to 4 bedrooms;

“zoning by-law” means the City of Niagara Falls Zoning By-law No. 79-200.

Application

2. This Order applies to lands in the City of Niagara Falls in the Regional Municipality of Niagara, in the Province of Ontario, being the lands outlined in red on the map numbered 312 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Agri-Tourism Zone 1

3. (1) 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 the Agri-Tourism Zone 1 on the map referred to in section 2, except for,

(a) the uses permitted in the Agricultural Zone (A Zone) as set out in section 12.1 of the Zoning By-Law;

(b) an estate winery;

(c) a farm winery;

(d) a golf course;

(e) a hotel;

(f) an assembly hall;

(g) recreational uses;

(h) a restaurant;

(i) a retail store;

(j) a spa;

(k) a villa; and

(l) accessory uses.

(2) The zoning requirements for the uses permitted under subsection (1) are the zoning requirements for the Agricultural Zone as set out in section 12.2 of the Zoning By-Law, with the following exceptions:

1. The minimum lot area is 40 hectares.

2. The maximum lot coverage is 10 per cent.

3. The minimum lot area for a vineyard is 6 hectares.

4. The maximum building height is 18 metres.

5. The maximum number of guest rooms in a hotel is 50.

6. The maximum number of villas permitted is 24.

7. The maximum floor area for an accessory use is 1,200 square metres.

8. The minimum number of parking spaces for a golf course is four parking spaces for each hole.

9. The minimum number of parking spaces for a restaurant or a café is one parking space for every 10 seats.

10. The minimum number of parking spaces for a villa are the requirements as set out for a hotel in Table 1 to section 4.19.1 of the Zoning By-Law.

11. For any use not mentioned in paragraphs 8 to 10, the minimum number of parking spaces required for the use is as set out in Table 1 to section 4.19.1 of the Zoning By-Law.

Agri-Tourism Zone 2

4. (1) 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 the Agri-Tourism Zone 2 on the map referred to in section 2, except for,

(a) the uses permitted in the Agricultural Zone (A Zone) as set out in section 12.1 of the Zoning By-Law; and

(b) a golf course, including any associated maintenance buildings and fairway structures.

(2) The zoning requirements for the uses permitted under subsection (1) are the zoning requirements for the Agricultural Zone as set out in section 12.2 of the Zoning By-Law with the following exception:

1. The minimum lot area is 40 hectares.

Environmental Protection Area Zone

5. 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 the Environmental Protection Area Zone on the map referred to in section 2, except for,

(a) the uses permitted in the Environmental Protection Area Zone (EPA Zone) as set out in section 18A.1 of the Zoning By-Law; and

(b) bridges, cartways and walkways.

Terms of use

6. (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

7. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be a by-law passed by the council of the City of Niagara Falls.

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