O. Reg. 770/21: ZONING ORDER - TOWNSHIP OF WHITCHURCH-STOUFFVILLE, REGIONAL MUNICIPALITY OF YORK

 

ontario regulation 770/21

made under the

Planning Act

Made: November 10, 2021
Filed: November 15, 2021
Published on e-Laws: November 15, 2021
Printed in The Ontario Gazette: December 4, 2021

ZONING ORDER - TOWNSHIP OF WHITCHURCH-STOUFFVILLE, REGIONAL MUNICIPALITY OF YORK

Definition

1. In this Order,

“zoning by-law” means Comprehensive Zoning By-Law No. 2010-001-ZO of the Town of Whitchurch-Stouffville.

Application

2. This Order applies to the lands in the Town of Whitchurch-Stouffville in the Regional Municipality of York, in the Province of Ontario, being the lands identified on a map numbered 274 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Permitted uses

3. (1) 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 the following:

1.  The uses identified as permitted uses for the RN3 and RN4 zones set out in section 5A.1 of the zoning by-law.

2.  The uses identified as permitted uses for the CM2 zone set out in section 6.1 of the zoning by-law, except for the uses set out in subsection (2).

3.  A stormwater management facility.

4.  Flood and erosion control.

(2) Despite paragraph 2 of subsection (1), the lands described in section 2 shall not be used for the following uses:

1.  Assembly halls.

2.  Automotive sales and services uses.

3.  Automotive service stations.

4.  Car wash facilities.

5.  Commercial recreation.

6.  Conference, convention or banquet facilities.

7.  Drive thru facilities.

8.  Funeral homes.

9.  Garden supply establishments.

10.  Hotels.

11.  Manufacturing, assembling or processing facilities.

12.  Schools.

13.  Wholesale sales and distribution.

Zoning requirements

4. (1) The zoning requirements for the uses permitted under paragraph 1 of subsection 3 (1) are the zoning requirements set out in section 5A.2 of the zoning by-law, except the minimum lot frontage for townhouse dwellings is 5.5 metres per dwelling unit.

(2) The zoning requirements for the uses permitted under paragraph 2 of subsection 3 (1) are the zoning requirements set out in section 6.2 of the zoning by-law, except,

(a)  the minimum density is 65 units per net hectare and the maximum density is 140 units per net hectare; and

(b)  the maximum building height is 26.0 metres.

Terms of use

5. (1) Every use of land and every erection, location and use of buildings or structures 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

6. 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 Whitchurch-Stouffville.

Commencement

7. This Regulation comes into force on the day it is filed.

Made by:

Steve Clark

Minister of Municipal Affairs and Housing

Date made: November 10, 2021