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O. Reg. 40/22: ZONING ORDER - CITY OF KAWARTHA LAKES

filed January 28, 2022 under Planning Act, R.S.O. 1990, c. P.13

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ontario regulation 40/22

made under the

Planning Act

Made: January 28, 2022
Filed: January 28, 2022
Published on e-Laws: January 28, 2022
Printed in The Ontario Gazette: February 12, 2022

ZONING ORDER — CITY OF KAWARTHA LAKES

Definition

1. In this Order,

“Zoning By-law” means the Township of Ops Zoning By-law No. 93-30.

Application

2. This Order applies to lands in the City of Kawartha Lakes, in the Province of Ontario, being the lands identified on a map numbered 287 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Community Zone

3. (1) This section applies to the lands located in the area shown as the Community Zone on the map referred to in section 2.

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in subsection (1), except for,

(a)  the uses permitted on those lands under the Zoning By-law;

(b)  detached dwellings;

(c)  semi-detached dwellings;

(d)  multi-plex dwellings, including duplex, triplex, four-plex, six-plex and eight-plex dwellings;

(e)  townhouse dwellings, including street, block, rear-lane, stacked, back-to-back and stacked back-to-back dwellings;

(f)  apartment dwellings;

(g)  homes for the aged;

(h)  accessory uses to a dwelling;

(i)  home occupations;

(j)  recreation trails;

(k)  conservation uses;

(l)  public utilities, including stormwater management facilities and pump stations;

  (m)  animal hospitals;

(n)  art galleries;

(o)  automobile service stations with a convenience store;

(p)  automotive stores;

(q)  bake shops;

(r)  brew-your-own establishments;

(s)  speciality food stores;

(t)  beer, liquor, wine and cannabis stores;

(u)  car washes;

(v)  drug stores;

(w)  laundromat and dry cleaning or laundry outlets;

(x)  eating establishments, including drive-thrus;

(y)  financial establishments;

(z)  funeral homes;

  (aa)  hotels;

  (bb)  clinics;

  (cc)  motor vehicle dealerships;

  (dd)  business, professional or administrative offices, including model homes and associated sales offices;

  (ee)  personal service shops;

(ff)  recreational establishments;

  (gg)  post offices;

  (hh)  printing or publishing establishments;

(ii)  retail stores;

(jj)  merchandise service shops;

  (kk)  supermarkets;

(ll)  taverns;

(mm)  television or radio broadcasting stations or studios;

  (nn)  dwelling units above a commercial use, except in an automobile service station;

  (oo)  boarding houses above a permitted commercial use, except in an automobile service station or a free-standing building; and

  (pp)  the uses permitted under subsection 9.1 of the Zoning By-law.

(3) Despite the Zoning By-law, the zoning requirements for the uses permitted under clauses 3 (2) (b) and (c) are as follows:

1.  The minimum lot area is 216 square metres for uses permitted under clause 3 (2) (b).

2.  The minimum lot area is 189 square metres for uses permitted under clause 3 (2) (c).

3.  The minimum lot frontage is 8 metres for uses permitted under clause 3 (2) (b).

4.  The minimum lot frontage is 7 metres for uses permitted under clause 3 (2) (c).

5.  The minimum front yard setback is 4.5 metres for a dwelling and 6 metres for a garage.

6.  The minimum exterior side yard setback is 3 metres.

7.  The minimum interior side yard setback is 1.2 metres on one side and 0.6 metres on the other side.

8.  Despite paragraph 7, there is no minimum interior side yard setback for a common wall between dwelling units.

9.  The minimum rear yard setback is 7 metres.

10.  The maximum building height is 11 metres.

11.  The maximum lot coverage for all buildings is 65 per cent.

12.  An open terrace, deck or porch with a maximum height of 1.8 metres, or an open platform or stairway, excluding a fire escape, may encroach by a maximum of 3 metres into a front, rear or exterior yard setback area.

13.  A covered porch or stairway may encroach by a maximum of 3 metres into a front yard setback area.

14.  A box or bay window may encroach by a maximum of 0.6 metres into a front, rear or exterior side yard setback area.

(4) Despite the Zoning By-law, the zoning requirements for the uses permitted under clause 3 (2) (d) are as follows:

1.  The minimum lot area for a duplex dwelling is 162 square metres.

2.  The minimum lot area for triplex, four-plex, six-plex and eight-plex dwellings is 432 square metres.

3.  The minimum lot frontage for a duplex dwelling is 6 metres.

4.  The minimum lot frontage for other plexes is 16 metres.

5.  The minimum front yard setback is 4.5 metres for a dwelling and 6 metres for a garage.

6.  The minimum exterior side yard setback is 4 metres.

7.  The minimum interior side yard setback is 3.5 metres.

8.  The minimum rear yard setback is 6.5 metres.

9.  The maximum lot coverage for all buildings is 65 per cent.

10.  An open terrace, deck or porch with a maximum height of 1.8 metres, or an open platform or stairway, excluding a fire escape, may encroach by a maximum of 3 metres into a front, rear and exterior yard setback area.

11.  A covered porch or stairway may encroach by a maximum of 3 metres into a front yard setback area.

12.  A box or bay window may encroach by a maximum of 0.6 metres into a front, rear or exterior side yard setback area.

(5) Despite the Zoning By-law, the zoning requirements for the uses permitted under clause 3 (2) (e) are as follows:

1.  The minimum lot area is 106 square metres.

2.  The minimum lot frontage is 4.25 metres.

3.  The minimum front yard setback is 4.5 metres for a dwelling and 6 metres for a garage.

4.  The minimum exterior side yard setback is 3 metres.

5.  The minimum interior side yard setback is 1.2 metres.

6.  Despite paragraph 5, there is no minimum interior side yard setback for a common wall between townhouse dwellings.

7.  The minimum rear yard setback is 6.5 metres.

8.  Despite paragraph 7, there is no minimum rear yard setback for back-to-back or lane townhouse dwellings.

9.  The maximum building height is 14 metres.

10.  There is no maximum lot coverage for all buildings.

11.  An open terrace, deck or porch with a maximum height of 1.8 metres, or an open platform or stairway, excluding a fire escape, may encroach by a maximum of 3 metres into a front, rear and exterior yard setback area.

12.  A covered porch or stairway may encroach by a maximum of 3 metres into a front yard setback area.

13.  A box or bay window may encroach by a maximum of 0.6 metres into a front, rear or exterior side yard setback area.

14.  The minimum off-street parking space requirement is 1.25 parking spaces per dwelling unit.

(6) Despite the Zoning By-law, the zoning requirements for the uses permitted under clauses 3 (2) (f) and (g) are as follows:

1.  The minimum lot frontage is 30 metres.

2.  The minimum front, exterior, interior or rear yard setback is 3 metres.

3.  The minimum landscaped open space is 20 per cent.

4.  The maximum building height is 20 metres, excluding a mechanical penthouse.

5.  The maximum gross floor area as percentage of lot area is 200 per cent.

6.  There is no maximum lot coverage for all buildings.

7.  The maximum density per gross hectare is 250 dwelling units.

8.  The minimum off-street parking space requirement for the uses permitted under clause 3 (2) (f) is 1.25 parking spaces per dwelling unit.

(7) Despite the Zoning By-law, the zoning requirements for the uses permitted under clauses 3 (2) (m) to (oo) are as follows:

1.  The minimum lot area is 360 square metres.

2.  The minimum front, rear and exterior side yard setbacks is 4 metres.

3.  Despite paragraph 2, there is no minimum rear yard setback where the building or structure is adjacent to a laneway.

4.  The minimum interior side yard setback is 2 metres.

5.  Despite paragraph 4, there is no minimum interior side yard setback where two commercial uses are situated on abutting lots.

6.  The maximum building height is 15 metres.

7.  The maximum lot coverage is 75 per cent.

8.  The maximum gross floor area as percentage of lot area is 225 per cent.

9.  The maximum floorspace of a convenience store associated with an automotive service station is 300 square metres.

(8) The zoning requirements set out in section 9.2 of the Zoning By-law apply to the uses permitted under clause 3 (2) (pp).

(9) Subsections 2.2.1, 2.2.2, 2.4, 2.22 and 2.25.2 of the Zoning By-law do not apply to lands described in section 2.

Hazard Land Zone

4. (1) This section applies to the lands located in the area shown as the Hazard Lands Zone on the map referred to in section 2.

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in subsection (1), except for the uses permitted under subsection 18.1 of the Zoning By-law.

(3) The zoning requirements set out in section 18.2 of the Zoning By-law apply to the uses permitted under subsection (2).

Terms of use

5. (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

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 City of Kawartha Lakes.

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: January 28, 2022