O. Reg. 54/23: ZONING ORDER - CITY OF KAWARTHA LAKES
filed March 24, 2023 under Planning Act, R.S.O. 1990, c. P.13
Skip to contentontario regulation 54/23
made under the
Planning Act
Made: March 24, 2023
Filed: March 24, 2023
Published on e-Laws: March 27, 2023
Printed in The Ontario Gazette: April 8, 2023
Amending O. Reg. 771/21
(ZONING ORDER - CITY OF KAWARTHA LAKES)
1. Section 1 of Ontario Regulation 771/21 is revoked and the following substituted:
Interpretation
1.1 (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.
(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.
2. Section 2 of the Regulation is amended by striking out “312” and substituting “324”.
3. Section 3 of the Regulation is amended by striking out “and” at the end of clause (cc) and by adding the following clauses:
(ee) theatres;
(ff) recreational establishments;
(gg) fitness centres;
(hh) commercial schools; and
(ii) places of assembly.
4. (1) Subsection 4 (1) of the Regulation is amended by adding the following paragraphs:
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.
. . . . .
9. The minimum number of parking spaces is one per residential dwelling unit.
(2) Subsection 4 (2) of the Regulation is amended by adding the following paragraphs:
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) Subsection 4 (4) of the Regulation is amended by adding “and (ee) to (ii)” after “clauses 3 (l) to (cc)” in the portion before paragraph 1.
(4) Subsection 4 (4) of the Regulation is amended by adding the following paragraphs:
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.
(5) Subsection 4 (5) of the Regulation is revoked and the following substituted:
(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.
(6) Section 4 of the Regulation is amended by adding the following subsections:
(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.
(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).
(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.
(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.
(10) Section 2.22, section 2.29 ix and subsection 2.4.2 of the Zoning By-law do not apply.
(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.
Commencement
5. This Regulation comes into force on the day it is filed.
Hannah Evans
Assistant Deputy Minister
Date made: March 24, 2023