City of Thorold Comprehensive Zoning By-law 2140(97)

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1 SECTION 29: OPEN SPACE OS ZONE 29.1 Permitted Uses The following uses are permitted in the Open Space OS Zone: (1) park; (2) conservation; (3) cemetery; (4) agriculture, not including buildings and structures; (5) existing uses and additions and reconstruction thereto; (6) buildings and structures accessory to the foregoing permitted uses, not including residential dwelling units and agriculture, in accordance with the provisions of Section Zone Provisions No person shall use any land or erect or use any building or structure in an Open Space OS Zone, except in accordance with Section 6 General Provisions and with the following: Minimum Lot Area (hectares) 0.4 (b) Minimum Lot Frontage (metres) 45 (c) Front Yard Setback (metres) 7.5 (d) (e) Rear Yard Setback metres except that the rear setback abutting a Residential Zone or existing residential use shall be 12 metres; Interior Side Yard Setback metres, except that an interior side setback abutting a Residential Zone or an existing residential use shall be 12 metres; (f) Exterior Side Yard Setback (metres) 7.5 (g) Maximum Lot Coverage - 30 percent except where municipal services are not available, lot coverage shall be 15 percent; (h) Maximum Building Height (metres) Provisions for Accessory Buildings and Structures in an OS Zone Accessory buildings and structures in an OS Zone are permitted subject to the following provisions: No accessory building or structure shall be used for human habitation; 215

2 (b) (c) (d) (e) (f) An accessory building or structure is not permitted in a front yard or an exterior side yard; Not be located within, or partially within, any utility easement, corridor or storm drainage swale; The setback from a rear or interior side lot line shall be 0.9 metres; except that where the rear or interior side lot line abuts a Residential Zone the setback shall be 3 metres from said lot line; The maximum height of any accessory building or structure shall be 4.5 metres; Maximum lot coverage for all accessory buildings and structures shall not exceed five percent (5%) of lot area, or a maximum of 1,000 square feet, provided that an uncovered swimming pool shall not be counted in computing lot coverage Special Provisions In accordance with Section the following special provisions shall apply to those lands shown on the zoning schedules as having reference to the corresponding special provision number: OS-1 Hutt Park, Block A, Plan M-12, Forster Avenue and McDonagh Crescent Notwithstanding the provisions of the Open Space OS Zone, the lands indicated as OS-1 on Schedule A6 are limited to use as a park, but excluding the following: (b) (c) active uses other than a T-Ball diamond, one mini-soccer pitch, and a bowling green; accessory buildings other than portable washroom facilities; and surface parking. OS(H)-2 Allanburg Gateway and Staging Area, Part Twp. Lots 96, 97, 119 and 120 of the OS Zone, the lands indicated as OS(H)-2 on Schedules A2, A3 and A10 may be used for: (1) Restaurant; (2) Farm Produce Market; (3) Information Kiosk; (4) Gift Shop; (5) Picnic Area; (6) Washroom; (7) Water Playground; 216

3 (8) Interpretive Centre. OS-3 Part Twp. Lots 196 and 197 and Broken Front Lots 196 and 197 of the OS Zone, the lands indicated as OS-3 on Schedule A3 may contain buildings and structures accessory to the two single detached dwellings and agriculture. OS-4 Southwest Corner of Chippawa Creek Road and Moyer Road of the OS Zone, the lands indicated as OS-4 on Schedule A3 may be used for the purposes of one single detached dwelling and buildings and structures accessory thereto. OS-5 Memorial Park 13 Albert Street East (War Memorial) Port Robinson (2 nd Welland Canal River Lock) of the OS Zone, the lands indicated as OS-5 on Schedule A7 contains Memorial Park including expansion area and the War Memorial which are designated for the historical aspects of the park and monument and the lands indicated as OS-5 on Schedule A12 contains the 2 nd Welland Canal River Lock which is designated as a historical structure. OS-6 North Side of Beaverdams Road, Near the Intersection of Beaverdams Road and Decew Road (Smith's Cemetery) Southeast Corner of Centre Street (Allanburg Village Cemetery) Carl Street/Towpath Road - Port Robinson West (Carl Misener, Bald Cemetery) of the OS Zone, the lands indicated as OS-6 on Schedule A6 contain the Old Beaverdams Burying Ground - Smith's Cemetery which is designated for the historical aspects of the cemetery, the lands indicated as OS-6 on Schedule A10 contain the Allanburg Village Cemetery which is designated for the historical aspects of the cemetery, and the lands indicated as OS-6 on Schedule A12 contain the Carl, Misener, Bald Cemetery which is designated for the historical aspects of the cemetery. OS Chippawa Creek Road, Part Twp. Lot 200, Parts 1, 2 & 3, Ref. Plan 59R-14139, the lands indicated as OS-7 on Schedule A3 may be used for a single detached dwelling, accessory buildings and structures in accordance with Section 29.3, and to recognize an existing silo and barn, subject to the following provisions: Severances shall not be permitted. 217

4 (b) Accessory buildings and structures shall not be permitted unless the existing barn and/or silo are removed to reduce the lot coverage for accessory buildings to less than 93 square metres (1,000 ft. 2 ). OS Merrittville Highway, Part of Lots 149 and 150, Pleasantview Memorial Gardens Cemetery Notwithstanding the provisions of the Open Space OS Zone, the lands indicated as OS-8 on Schedule A4 may only be used for a cemetery. OS Merrittville Highway, Part of Lots 149 and 150, Pleasantview Memorial Gardens Cemetery Notwithstanding the provisions of the Open Space OS Zone, the lands indicated as OS-9 on Schedule A4 may be used for a cemetery, ancillary uses and one funeral establishment, subject to the following provisions: Funeral Establishment means premises established for the purpose of temporarily placing dead human bodies, and in prescribed circumstances cremated human remains, so that persons may attend and pay their respects and allows for the provision funeral services including the care and preparation of dead human bodies, the coordination and provision of rites and ceremonies with respect to dead human bodies and the provision of such other services as may be prescribed. (b) Maximum gross floor area (square metres) 1,800 (c) Maximum building height (metres) 10 (d) Front Yard Setback (metres) 7.5 (e) (f) (g) Rear Yard Setback metres except that the rear yard setback abutting a Residential Zone or existing residential use shall be 12 metres; Interior Side Yard Setback metres, except that an interior side yard setback abutting a Residential Zone or an existing residential use shall be 12 metres. Minimum number of parking spaces - 1 space per square metres of gross floor area (h) Exterior Side Yard Setback (metres) 7.5 OS(H)-10 Artisan Ridge Neighbourhood Subdivision (Parts 4, 5, 6, 7, 8 and 9) (By-law ) Parts 4 and 5 identified as being Part 4 and 5 on Schedule A7 shall not be used, nor any building or structure used, altered or erected until the (H) is removed, pursuant to the provisions of the Planning Act, subject to the Stormwater Management Plan being approved by the Ministry of the Environment and Climate Change. 218

5 Notwithstanding the provisions of the Open Space OS Zone, the lands indicated as Parts 4 and 5 on Schedule A7 may also be used for a Stormwater Management Facility. Parts 6 and 7 identified as being Parts 6 and 7 on Schedule A7 shall not be used, nor any building or structure used, altered or erected until the (H) is removed, pursuant to the provisions of the Planning Act, subject to the access to Part 1 lands being obtained from Trillium Railway and to the Stormwater Management Plan being approved by the Ministry of the Environment and Climate Change. Part 8 identified as being Part 8 on Schedule A7 shall not be used, nor any building or structure used, altered or erected until the (H) is removed, pursuant to the provisions of the Planning Act, subject to a Record of Site Condition being filed on the Ministry of the Environment and Climate Change s Brownfields Environmental Site Registry in accordance with Ontario Regulation 153/04, as amended by Ontario Regulation 511/09 and to the Stormwater Management Plan being approved by the Ministry of the Environment and Climate Change. Part 9 identified as being Part 9 on Schedule A7 shall not be used, nor any building or structure used, altered or erected until the (H) is removed, pursuant to the provisions of the Planning Act, subject to the Stormwater Management Plan being approved by the Ministry of the Environment and Climate Change. OS-11 Hansler Heights Subdivision (By-law No ) Notwithstanding the provisions of the Open Space OS Zone, the lands identified as OS-11 on Schedule A4 shall be used for a Public Park subject to the following special provisions: a) Minimum Lot Frontage (metres) 30 OS-12 Hansler Heights Subdivision (By-law No ) Notwithstanding the provisions of the Open Space OS Zone, the lands identified as OS-12 on Schedule A4 shall be used for a stormwater management facility subject to the following special provisions: a) Minimum Lot Area (hectares) 0.9 b) Minimum Lot Frontage (metres)

6 OS-13 Port Robinson Estates Subdivision (By-law No ) Notwithstanding the minimum lot area and minimum lot frontage requirements of the Open Space "OS" Zone, the lands indicated as Open Space "OS-13" Zone on Schedule A3 shall be subject to the following provisions: a) Minimum Lot Area (hectares) b) Minimum Lot Frontage (metres)