O. Reg. 298/24: ZONING ORDER - TOWN OF NEWMARKET, REGIONAL MUNICIPALITY OF YORK

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 298/24

ZONING ORDER - TOWN OF NEWMARKET, REGIONAL MUNICIPALITY OF YORK

Consolidation Period: From July 12, 2024 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Order,

“accessory” means a use, building or structure naturally or normally incidental to, subordinate to or exclusively devoted to a principal use or building or structure and located on the same lot as the principal use, building or structure;

“zoning by-law” means Zoning By-law 2010-40 of the Town of Newmarket.

Application

2. (1) This Order applies to lands in the Town of Newmarket, in the Regional Municipality of York, in the Province of Ontario, being the lands outlined in red on a map numbered 340 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

(2) Despite any existing or future severance, partition or division of the lot, this Order applies to the whole lot as if no severance, partition or division had occurred.

Permitted uses

3. The following uses are permitted on the lands described in subsection 2 (1):

1.  Stacked townhouse, which is a residential building containing a minimum of four and a maximum of 14 units that meets the following requirements:

i.  The building shall have a maximum length of 60 metres.

ii.  Not more than half of all dwelling units shall be on the ground floor.

iii.  The dwelling units shall be attached to adjoining units.

iv.  Access to all second and third level units shall be from an interior stairway accessible from grade and within the building.

2.  Transitional housing, which is housing that offers temporary or longer-term housing to individuals and families.

3.  Emergency housing, which is housing that provides temporary accommodation to individuals and families who are in immediate need of accommodation and support services.

4.  Accessory uses, buildings and structures.

Zoning requirements

4. (1) The zoning requirements set out in sections 6.2.2 and 6.2.3 of the zoning by-law shall apply to the lands described in subsection 2 (1) of this Order, with the following exceptions:

1.  The minimum yard setbacks above grade to the boundaries of the lands described in subsection 2 (1) for a building or structure are as follows:

i.  2.4 metres from the south lot line.

ii.  2.0 metres from the west lot line.

iii.  1.2 metres from the north lot line.

2.  No setback from the lot line is required from a lane or parking aisle.

3.  There is no maximum lot coverage.

4.  A driveway entrance from Gorham Street is permitted to have a minimum width at the street line of 6.0 metres.

5.  The minimum lot frontage shall be 25 metres.

(2) In addition to the zoning requirements set out in subsection (1), the following zoning requirements apply to the lands described in subsection 2 (1):

1.  There is no minimum setback requirement for eaves, eavestroughs, gutters or similar features.

2.  There is no minimum building setback or minimum building separation requirement for any portion of a building or structure below the finished ground surface.

3.  The parking requirements are as follows:

i.  Parking is to be supplied at a rate of one parking space per dwelling unit, inclusive of a minimum of one barrier-free parking space.

ii.  There are no requirements for visitor, office or accessory use parking spaces.

iii.  Parking is permitted in the rear and interior yards, and additional parking can be provided off-site.

iv.  There are no requirements for the provision of bicycle parking spaces.

4.  Landscape buffers shall be 1 metre wide and inclusive of any walkways or driveways required for connectivity and located around the periphery of the building or parking lot.

5.  One driveway entrance is permitted.

(3) Sections 4.23 and 5.3.9, sections 5.4.1 ii) and iii) and sections 5.5 and 5.6 of the zoning by-law do not apply to the lands described in subsection 2 (1) of this Order.

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 a by-law passed by the council of the Town of Newmarket.

7. Omitted (provides for coming into force of provisions of this Regulation).