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O. Reg. 127/23: ZONING ORDER - MUNICIPALITY OF PORT HOPE

filed June 9, 2023 under Planning Act, R.S.O. 1990, c. P.13

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ontario regulation 127/23

made under the

Planning Act

Made: June 9, 2023
Filed: June 9, 2023
Published on e-Laws: June 9, 2023
Published in The Ontario Gazette: June 24, 2023

ZONING ORDER - MUNICIPALITY OF PORT HOPE

Definition

1. In this Order,

“Zoning By-law” means Municipality of Port Hope Zoning By-law No. 20/2010.

Application

2. This Order applies to lands in the Municipality of Port Hope, in the Province of Ontario, being the lands identified on a map numbered 327 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Non-application of s. 41 of the Act, site plan control area

3. Section 41 of the Act does not apply to the lands described in section 2 of this Order.

Permitted uses

4. Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in section 2, except for,

(a) a day nursery;

(b) a medical office;

(c) a long term care facility;

(d) a retirement home; and

(e) accessory uses that are incidental or subordinate to the uses set out in clauses (a) to (d), including,

(i) a business office,

(ii) a laboratory,

(iii) a personal service shop,

(iv) a retail store, and

(v) a waste storage area.

Zoning requirements

5. (1) Despite subclause 4.1.5 (b) (i) of the Zoning By-law, an accessory building containing a waste storage area shall be located in an interior side yard, rear side yard or exterior side yard only.

(2) Despite section 5.6 of the Zoning By-law, there is no minimum parking requirement for a long term care facility.

(3) Despite clause 5.7.6 (c) of the Zoning By-law, loading space is permitted in an exterior side yard.

(4) The zoning requirements for the Institutional – Urban (IU) Zone set out in section 10.4 of the Zoning By-law apply, with the exception that the maximum building height for a long term care facility is 26 metres.

Terms of use

6. (1) Every use of land and every erection, location or 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 or its original use 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 Municipality of Port Hope.

Revocation

8. Subsection 5 (2) of this Regulation is revoked.

Commencement

9. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Section 8 comes into force on the third anniversary of the day this Regulation is filed.

Made by:

Steve Clark

Minister of Municipal Affairs and Housing

Date made: June 9, 2023