O. Reg. 113/16: COUNTY OF HALTON (NOW THE REGIONAL MUNICIPALITY OF HALTON), CITY OF BURLINGTON

 

ontario regulation 113/16

made under the

Ontario Planning and Development Act, 1994

Made: April 20, 2016
Filed: May 2, 2016
Published on e-Laws: May 2, 2016
Printed in The Ontario Gazette: May 21, 2016

Amending O. Reg. 482/73

(COUNTY OF HALTON (NOW THE REGIONAL MUNICIPALITY OF HALTON), CITY OF BURLINGTON)

1. (1) The definitions of “commercial use”, “family”, “institutional use”, “single-family dwelling”, “storey-first” and “storey-half” in section 1 of Ontario Regulation 482/73 are revoked.

(2) The definitions of “dwelling”, “floor area” and “home occupation” in section 1 of the Regulation are revoked and the following substituted:

“dwelling” means one or more habitable rooms designed for use by and occupied by not more than one household and in which separate kitchen and sanitary facilities are provided for the exclusive use of the household, with a private entrance from outside the building or from a common hallway or stairway inside the building;

“floor area” means the total area of all floors contained within the outside walls of a building excluding, in the case of a single dwelling, the floor area of a private garage, porch, veranda, unfinished attic, basement or cellar;

“home occupation” means any occupation for gain or support conducted entirely within a single or semi-detached dwelling by one or more member of the household residing in the dwelling, provided that,

(a) there is no external display or advertising other than a sign having a total display area not exceeding two square feet,

(b) there is no external storage of goods or materials, and not more than 25 per cent of the total floor area is used for the home occupation use, and

(c) there are no persons employed in the dwelling except,

(i) the members of the household residing in the dwelling, or

(ii) in the case of a dentist, physician or veterinarian, a staff of one person;

(3) Section 1 of the Regulation is amended by adding the following definition:

“single dwelling” means a separate building containing only one dwelling;

2. Section 2 of the Regulation is revoked and the following substituted:

Application

2. (1) For the purposes of this Regulation,

“Map No. 223” means that map showing lands formerly in the Geographic Townships of East Flamborough and Nelson, now in the City of Burlington in The Regional Municipality of Halton, being composed of Parts 1 to 39 inclusive on a plan known as “Map No. 223, Minister’s Zoning Order, Ontario Planning and Development Act, Amendment to Ontario Regulation 482/73, City of Burlington” filed on December 10, 2015, with the Office of the Surveyor General of Ontario in the Ministry of Natural Resources and Forestry, Peterborough.

(2) A copy of Map No. 223 is available at the Ministry of Municipal Affairs and Housing, 777 Bay Street, Toronto.

2.1 (1) For the purposes of this Regulation,

“Map No. 224” means that map showing lands formerly in the Geographic Township of East Flamborough, now in the City of Burlington in The Regional Municipality of Halton, being composed of Parts 1 to 15 inclusive on a plan known as “Map No. 224, Minister’s Zoning Order, Ontario Planning and Development Act, Amendment to Ontario Regulation 482/73, City of Burlington” filed on December 22, 2015, with the Office of the Surveyor General of Ontario in the Ministry of Natural Resources and Forestry, Peterborough.

(2) A copy of Map No. 224 is available at the Ministry of Municipal Affairs and Housing, 777 Bay Street, Toronto.

3. Sections 4 to 7 and 12 of the Regulation are amended by striking out “single-family dwelling” wherever it appears and substituting in each case “single dwelling”.

4. Sections 14 to 162 of the Regulation are revoked and the following substituted:

14. Despite section 4, the parcel of land shown as Part 8 on Map No. 223 may be used for the erection and use of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum distance between the dwelling and the centre line of No. 1 Side Road	30 feet
Minimum distance between the dwelling and the southwesterly limit of Lot 2	15 feet
Maximum height of the dwelling	30 feet
Minimum distance between the dwelling and the centre line of the Canadian National Railways measured at right angles to the Canadian National Railways	300 feet

15. Despite section 4,

(a) the westerly building located on the parcel of land shown as Part 9 on Map No. 223 may be extended, converted into and used as a single dwelling; and

(b) buildings and structures accessory to the single dwelling may be erected on that land provided the following requirements are met:

 

Minimum distance between the dwelling and the centre line of No. 1 Side Road	60 feet
Minimum rear yard	25 feet
Minimum side yards	10 feet on one side and 4 feet on the other side
Maximum height of the dwelling and accessory buildings and structures	28 feet
Maximum ground floor area of the dwelling	3,500 square feet

16. Despite section 4, the extraction of mineral aggregates shall be permitted on the parcel of land shown as Part 10 on Map No. 223 provided that the grading does not occur below 156 metres above sea level.

17. Despite section 7, the parcel of land shown as Part 11 on Map No. 223 may be used for the erection and use of a two-car garage accessory to the single dwelling existing on August 21, 1984 provided the following requirements are met:

 

Minimum distance between the rear lot line and the garage	3 metres
Minimum distance between the westerly lot line and the garage	3 metres
Minimum distance between the garage and the top of the bank of Twelve Mile Creek	12 metres
Maximum height of the garage	5 metres
Maximum floor area of the garage	46 square metres

18. Despite section 4, the parcel of land shown as Parts 12 and 13 on Map No. 223 may be used for a golf course, and for the erection and use of buildings and structures accessory thereto, including a clubhouse, storage buildings, a pedestrian tunnel and parking facilities.

19. (1) Despite section 5, for the parcel of land shown as Part 14 on Map No. 223, the requirements for agricultural uses, and buildings and structures accessory thereto, including one single dwelling used in connection with the agricultural operation are as follows:

 

Minimum lot area	11 hectares
Minimum lot frontage	29 metres
Minimum front yard	15.2 metres
Minimum side yards	6 metres on each side
Minimum rear yard	15.2 metres
Minimum ground floor area for the dwelling if one storey	92.9 square metres
Minimum ground floor area for the dwelling if one and a half storeys or more	69.7 square metres

(2) No more than one dwelling shall be erected on any lot on the land described in subsection (1).

20. Despite section 5, the parcel of land shown as Part 15 on Map No. 223 may be used for the erection and use of a two-storey barn not exceeding 2,400 square feet in total floor area provided the following requirements are met:

 

Minimum front yard	200 feet
Minimum side yards	20 feet on each side
Minimum rear yard	30 feet
Maximum height of the barn	40 feet

21. Despite section 4, the parcel of land shown as Part 16 on Map No. 223 may be used for a cemetery and for the erection and use of buildings and structures accessory thereto.

22. Despite section 4, the parcel of land shown as Parts 17 and 18 on Map No. 223 may be used for,

(a) the continued use of a single dwelling existing thereon on June 26, 1984;

(b) a landscape contracting business including the growing and sale at wholesale of nursery stock; and

(c) the erection and use of a building for office and maintenance uses accessory to the landscape contracting business and the location and use behind the building of a parking and storage area, accessory to the landscape contracting business, for equipment and trucks, provided the following requirements are met:

 

Maximum height of the building	2 storeys
Minimum distance between the building and the centre line of Guelph Line	125 metres
Minimum distance between the building and the north, east and south lot lines	20 metres
Minimum distance between the parking and storage area and the centre line of Guelph Line	150 metres
Minimum distance between the parking and storage area and the centre line of Dundas Street	215 metres
Minimum distance between the parking and storage area and the north and east lot lines	30 metres

23. Despite section 4, the parcel of land shown as Part 19 on Map No. 223 may be used for the erection and use of one single dwelling and buildings and structures accessory thereto provided the requirements set out in section 7 are met.

24. Despite section 4, the parcel of land shown as Part 20 on Map No. 223 may be used for the erection and use of an automobile service station for the retail sale of gasoline and diesel fuel, and a servicing booth including washrooms and storage area and fuel pump islands accessory thereto, provided the following requirements are met:

 

Maximum floor area of the automobile service station	116 square metres
Maximum floor area of servicing booth	14 square metres
Minimum distance between any building and Dundas Street	22 metres
Minimum distance between any building and the rear lot line	26 metres
Minimum distance between any building and the side lot lines	29 metres on each side
Maximum height of any building	1 storey
Maximum number of fuel pump islands	3
Maximum number of fuel pumps	8
Minimum distance between any fuel pump island and Dundas Street	4.5 metres
Minimum width of site access from Dundas Street	9 metres

25. Despite section 7, the parcel of land shown as Part 21 on Map No. 223 may be used for the erection and use of a garage provided the following requirements are met:

 

Minimum front yard	90 feet
Minimum rear yard	4 feet
Minimum side yards	4 feet on each side
Maximum height of the garage	15 feet

26. Despite section 4, the parcel of land shown as Part 22 on Map No. 223 may be used for the continued use thereon of a trailer for use as a church provided the following requirements are met:

 

Maximum floor area of the trailer	70 square metres
Maximum height of the trailer	4.5 metres
Minimum front yard	24 metres
Minimum distance between the trailer and the northeasterly lot line	1.2 metres
Maximum distance between the trailer and the northeasterly lot line	6 metres

27. Despite section 4, the parcel of land shown as Part 23 on Map No. 223 may be used for surface parking provided the following requirements are met:

 

Minimum distance between the surface parking and the northwesterly limit of Part 1 of Reference Plan 20R-3810	10 feet
Minimum distance between the surface parking and the southwesterly limit of Part 1 of Reference Plan 20R-3810	20 feet

28. Despite section 4, a school may be located and used on the parcel of land shown as Part 24 on Map No. 223 provided the following requirements are met:

1. The use is permitted only within buildings existing on December 19, 2005.

2. A minimum of 10 parking spaces is provided for the use of the school, one of which is designated under Regulation 581 of the Revised Regulations of Ontario, 1990 (Accessible Parking for Persons with Disabilities) made under the Highway Traffic Act as a space for the use of persons with disabilities.

3. Accessory buildings and structures are not permitted.

29. Despite section 4, the parcel of land shown as Part 25 on Map No. 223 may be used for the erection and use of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum distance between any building or structure and the centre line of Old York Road	78 feet
Minimum distance between any building or structure and the top of the bank of the Grindstone Creek tributary	50 feet
Minimum distance between any building or structure and the northwesterly boundary	1,100 feet
Minimum distance between any building or structure and the southeasterly boundary	25 feet
Maximum height of any building or structures	30 feet

30. Despite section 4, the parcel of land shown as Part 26 on Map No. 223 may be used for the storage and repair of service station equipment provided the building requirements contained in By-law 4000 of The Corporation of the City of Burlington are met.

31. Despite section 4, the parcel of land shown as Part 27 on Map No. 223 may be used for the erection and use of one single dwelling, together with an attached garage provided the following requirements are met:

 

Minimum distance between the dwelling and Snake Road	15 metres
Minimum rear yard	9.1 metres
Minimum side yard	3 metres
Maximum height of any building	2 storeys
Maximum floor area	300 square metres

32. Despite section 4, the parcel of land shown as Parts 28, 29, 30 and 32 on Map No. 223 may be used for the erection and use of an extension to the restaurant existing on November 17, 1982 provided at least 51 parking spaces shall be provided for the restaurant and provided the following requirements are met:

 

Maximum floor area of the restaurant including the extension	850 square metres
Maximum height of the extension	5 metres
Minimum distance between the extension and the centre line of Plains Road	22.8 metres

33. Despite section 6, a single dwelling existing on May 25, 2001 on the parcel of land shown as Parts 30 and 31 on Map No. 223 may be extended or enlarged provided the following requirements are met:

 

Maximum height of dwelling including the extension	2.5 storeys
Front yard of dwelling including the extension	2.2 metres
East side yard of dwelling including extension	0.9 metres
West side yard of dwelling including extension	1.2 metres
Rear yard of dwelling including extension	9 metres

34. Despite section 6, the building existing on August 27, 1985 on the parcel of land shown as Part 33 on Map No. 223 may continue to be used for two dwellings and may be extended provided the following requirements are met:

 

Maximum floor area of the extension	71 square metres
Maximum height of the extension	1 storey or 5 metres, whichever is greater
Minimum distance between the extension and the top of the bank of the Grindstone Creek Valley	12.5 metres
Minimum distance between the extension and the east lot line	3.66 metres

35. Despite section 6, the porch existing on March 27, 1990 on the parcel of land shown as Part 34 on Map No. 223 may be replaced with another porch provided the minimum size of the front yard is six metres.

36. Despite section 4, the vacant residential structure existing on December 1, 1988 on the parcel of land shown as Parts 35, 36 and 37 on Map No. 223 may be converted into public washroom facilities and may be used in conjunction with the botanical garden facilities situated on the land.

37. (1) Despite section 4, the building existing on December 1, 1988 on the parcel of land shown as Part 38 on Map No. 223 that is used as a pavilion restaurant may be extended and the extension may be used for restaurant purposes, including washroom facilities provided the following requirements are met:

 

Maximum area of the extension	25 square metres
Maximum height of the extension	5 metres

(2) The building described in subsection (1) may be extended by adding two decks and the decks may be used for restaurant purposes provided the maximum total floor area of the decks is 300 square metres.

(3) Despite section 4, the building existing on January 1, 1990 on the parcel of land shown as Part 38 on Map No. 223 may continue to be used for the purposes of storage provided the maximum floor area of the building is 100 square metres.

38. (1) Despite section 4, the parcel of land shown as Part 39 on Map No. 223 may be used for the erection and use of a garage accessory to the ceramics manufacturing business existing on April 5, 1983, and part of the existing buildings on the land may be used as a caretaker unit, provided the following requirements are met:

 

Maximum area of caretaker unit	93 square metres
Maximum floor area of garage	42 square metres
Maximum height of garage	1 storey

(2) For the purposes of this section,

“caretaker unit” means one or more habitable rooms, including kitchen and sanitary facilities, occupied by a person acting as a caretaker in connection with an industrial use.

39. Despite paragraphs 4 and 5 of section 7, the detached accessory garage existing on October 17, 2003 on the parcel of land shown as Part 8 on Map No. 224 may be extended or enlarged provided the following requirements are met:

 

Maximum height of the garage	5.48 metres
Maximum floor area of the garage	63.09 square metres

40. Despite section 4, the parcel of land shown as Part 9 on Map No. 224 may be used for the sale, rental and repair of trailers, trucks and recreational vehicles.

41. Despite section 5, the building existing on December 9, 1981 on the parcel of land shown as Part 10 on Map No. 224 may be used as a single dwelling.

42. Despite section 4, the parcel of land shown as Parts 11 and 12 on Map No. 224 may be used for the erection and use of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum front yard on York Road side	150 feet
Minimum side yard on Lemonville Road side	300 feet
Minimum side yard on the west	4 feet
Minimum rear yard	25 feet
Maximum height	35 feet
Minimum ground floor area if one storey	1,000 square feet
Minimum ground floor area if one and a half storeys or more	750 square feet
Minimum distance between the dwelling, buildings or structures and the top of the bank of Grindstone Creek Valley	50 feet

43. Despite section 4, the parcel of land shown as Part 13 on Map No. 224 may be used for the erection and use of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum front yard	45.7 metres
Minimum side yards	1.5 metres on each side
Minimum distance between the dwelling and the North limit of Part 1 on Reference Plan 20R-4889	9.1 metres
Minimum floor area of the dwelling if one storey	111 square metres
Minimum floor area of the dwelling if one and a half storeys	125 square metres
Minimum floor area of the dwelling if two storeys	139 square metres
Minimum floor area of the dwelling if split level dwelling	116 square metres

44. Despite section 4, the parcel of land shown as Part 14 on Map No. 224 may be used for the erection and use of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum front yard	45.7 metres
Minimum westerly side yard	1.5 metres
Minimum distance between any building or structure and the easterly boundary of Part 2 on Reference Plan 20R-4889 beginning at the northeasterly angle of Part 2 of the Reference Plan and from there running in a southerly direction along the easterly boundary of Part 2 of the Reference Plan	1.5 metres
Minimum rear yard	9.1 metres
Minimum floor area of the dwelling if one storey	111 square metres
Minimum floor area of the dwelling if one and a half storeys	125 square metres
Minimum floor area of the dwelling if two storeys	139 square metres
Minimum floor area of the dwelling if split level dwelling	116 square metres
Maximum height of the dwelling	10.6 metres

45. Despite section 4, the parcel of land shown as Part 15 on Map No. 224 may be used for the erection and use of a single dwelling and buildings and structures accessory thereto provided the requirements set out in section 7 are met.

5. Schedules 1 to 99 to the Regulation are revoked.

Amendment

6. Sections 2.1 and 39 to 45 of the Regulation are revoked.

Commencement

7. (1)  Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 6 comes into force on December 31, 2017.

Made by:

Marcia Wallace

Regional Director

Municipal Services Office - Central

Ministry of Municipal Affairs and Housing

Date made: April 20, 2016.