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- 1 ' BY-LAV^ THE CORPORATION OF THE TOWNSHIP OF KING BY-LAW NUMBER 2005 - 23 A BY-LAW TO AMEND BY-LAW NUMBER 74-53 WHEREAS Zoning By-law 74-53, being a by-law to regulate the use of land and the character, location and use of buildings and structures in the Township of King, was passed on the 7'^^ day of October, 1974; AND WHEREAS it is deemed necessary to further amend By-law Number 74-53 as amended to provide for conformity with the Provincial Oak Ridges Moraine Conservation Plan; AND WHEREAS the matters herein set out are in conformity with the Official Plan of the Township of King Planning Area which is approved and in force at this time; AND WHEREAS there has been no amendment to the Official Plan adopted by Council and not approved at this time, with which the matters herein set out are not in conformity; AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act. R.S.O 1990, Chapter P. 13, to the Council of the Corporation of the Township of King to exercise such powers; NOW THEREFORE the Council of the Corporation of the Township of King HEREBY ENACTS AS FOLLOWS: 1. THAT Township of King By-law 74-53, as amended, be and it is hereby further amended by: a. Deleting the zoning within the "Oak Ridges Moraine Conservation Plan Area Boundary" as defined in this Zoning By - law and delineated on Schedule C: Key Map attached hereto and shown on Schedule "A" of Zoning By-law No. 74-53, Map No.'s 1, 3 "King City Area", 4 "Nobleton Area", 6 "Pottageville Area", 7 "Kettleby Area", 8 "Sacred Heart Area", 9 "Snowball Area", and 10 "Laskay Area", and substituting the zoning shown in Schedule "C" Legend and Schedule "C" MapNos. 1,2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 22 respectively attached hereto; b. Deleting section 4.1 in its entirety and substituting therefore the following new section 4.1: "4.1 Zones For the purposes of this By-law, the Township of King is divided into the following zones, the boundaries of which are shown in Schedule "A" to By-law 74-53 and on the attached maps included in Schedule "C". ZONE SYMBOL Residential Urban rI Residential Hamlet HR Residential Estate Residential Rural rr Commercial General C1 Commercial General Rural Settlement CIRS H;\ORMCI'\Zoning By-law\l-inal By-law\ZBL CRM Final Adopied Version.legal.size.doc

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Page 1: BY-LAV^

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' BY-LAV^•

THE CORPORATION OF THE TOWNSHIP OF KING

BY-LAW NUMBER 2005 - 23

A BY-LAW TO AMEND BY-LAW NUMBER

74-53

WHEREAS Zoning By-law 74-53, being a by-law to regulate the use of land and the character,location and use of buildings and structures in the Township of King, was passed on the 7'̂ ^ dayof October, 1974;

AND WHEREAS it is deemed necessary to further amend By-law Number 74-53 as amended toprovide for conformity with the Provincial Oak Ridges Moraine Conservation Plan;

AND WHEREAS the matters herein set out are in conformity with the Official Plan of theTownship of King Planning Area which is approved and in force at this time;

AND WHEREAS there has been no amendment to the Official Plan adopted by Council and notapproved at this time, with which the matters herein set out arenot in conformity;

AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act. R.S.O 1990,Chapter P. 13, to the Council of the Corporation of the Township of King to exercise suchpowers;

NOW THEREFORE the Council of the Corporation of the Township of King HEREBYENACTS AS FOLLOWS:

1. THAT Township of King By-law 74-53, as amended, be and it is hereby furtheramended by:

a. Deleting the zoning within the "Oak Ridges Moraine Conservation Plan AreaBoundary" as defined in this Zoning By - law and delineated on Schedule C: KeyMap attached hereto and shown on Schedule "A" of Zoning By-law No. 74-53,Map No.'s 1, 3 "King City Area", 4 "Nobleton Area", 6 "Pottageville Area", 7"Kettleby Area", 8 "Sacred Heart Area", 9 "Snowball Area", and 10 "LaskayArea", and substituting the zoning shown in Schedule "C" Legend and Schedule"C" MapNos. 1,2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 22respectively attached hereto;

b. Deleting section 4.1 in its entirety and substituting therefore the following newsection 4.1:

"4.1 Zones

For the purposes of this By-law, the Township of King isdivided into the following zones, the boundaries of whichare shown in Schedule "A" to By-law 74-53 and on theattached maps included in Schedule "C".

ZONE SYMBOL

Residential Urban rIResidential Hamlet HRResidential Estate

Residential Rural rrCommercial General C1Commercial General Rural Settlement CIRS

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Commercial Highway C2

Commercial Highway Rural Settlement C2RS

Commercial Local C3

Commercial Local Rural Settlement C3RS

Commercial Shopping Centre C4

Commercial Marine C5

Industrial Restricted Ml

Industrial Restricted Rural Settlement MIRS

Industrial General M2

Industrial General Rural Settlement M2RS

Industrial Extractive M3

Industrial Storage M4

Industrial Storage Rural Settlement M4RS

Airfield A

Institutional I

Institutional Rural Settlement IRS

Rural General RUl

Rural Intensive RU2

Rural Specialized RU3

Transitional T

Open Space and Conservation 0

Environmental Protection EP

Oak Ridges Moraine Feature Protection ORMFPOak RidgesMoraine Natural Core and Linkage ORMNCLOak Ridges Moraine Countryside ORMCOak RidgesMoraine Mineral Aggregate Operation ORMMAO

c. Amending Schedule "A'' to By-law No. 74-53 by adding thereto a boundaryshowing a "120m Area of Influence" around all Oak Ridges Moraine FeatureProtection (ORMFP) zones as identified in Schedule "C" Legend and shown onSchedule "C"MapNos. 1,2, 3,4, 5,6,9,10,11, 12,13,14,15, 16,17, 18,19,20and 22 respectively attached hereto;

d. Adding Schedule D Map 1 Oak Ridges Moraine Conservation Plan AreaLandform Conservation Areas, and Schedule D Map 2 Oak Ridges MoraineConservation Plan Area Areas of High Aquifer Vulnerability and WellheadProtection Areas attached hereto;

e. Renaming and adding exceptions to By-law No. 74-53, as they apply within theOak Ridges Moraine Conservation Plan Area in accordance with Schedule E:Exception Concordance Table, which is attached hereto;

f. Showing the exceptions as re-named and added in Schedule E attached hereto onSchedule C Map Nos. 1, 2 ,3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20and 22 respectively attached hereto, on Schedule "A" to By-law No. 74-53;

g. Adding a new Section 3(b) OAK RIDGES MORAINE DEFINITIONS asfollows:

"Section 3 contains definitions which apply throughout the area subject to thisBy-law. Section 3(b) contains additional definitions that shall only apply withinthe area defined as Oak Ridges Moraine Conservation Plan Area. In case ofconflict or where the same term is defined in both Section 3 and Section 3(b),within the Oak Ridges Moraine Conservation Plan Area the definitions providedin Section 3(b) shall prevail.

Accessorv Use: means a use of land, buildings or structures that is normallyincidental or subordinate to the principal use, building or structure located on thesame lot.

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Agriculture-Related Uses: means commercial and industrial uses that are,

(a) small-scale,(b) directly related to a farm operation, and(c) required in close proximity to the farm operation;

Agricultural Uses: means,

(a) growing crops, including nursery and horticulturalcrops,

(b) raising livestock and other animals, including poultryand fish, for food and fur,

(c) raising equines,(c) animal hospitals, kennels and boardingstables(d) aquaculture, and(e) agro-forestry and maple syrup production.

Bed and Breakfast Establishment: means anaccessory use within an existingsingle dwelling that is the principal residence of the proprietor of theestablishment that provides sleeping accommodation (including breakfast andother meals, services, facilities and amenities for theexclusive use of guests) forthetraveling or vacationing public in upto three guest rooms.

Development means the creation of a newlot,a change in land use, or theconstruction ofbuildings and structures, any ofwhich require approval under thePlanning Act, the Environmental Assessment Act, or the DrainageAct, but doesnot include,(a) theconstruction of facilities for transportation, infrastructure and utilities

uses, as described in section 41, bya public body, or(b) for greater certainty,

(i) the reconstruction, repair ormaintenance ofa drain approved undertheDrainage Act and in existence on November 15,2001, or

(ii) the carrying out ofagricultural practices on land that was being usedfor agricultural uses on November 15, 2001.

Dwelling Unit: means one or more habitable rooms, occupied or capable ofbeingoccupied as an independent and separate housekeeping establishment, in whichseparate kitchen and sanitary facilities are provided for the exclusive use of theoccupants;

Existing: means lawfully in existence on November 15, 200land for greatercertainty does not include a use, building or structure that was in existence on thatdate without being lawful. ,

Farm Vacation Home: means an establishment that provides sleepingaccommodation (including participation in farm activities, meals, services,facilities and amenities for the exclusive use ofguests) for the travelling orvacationing public in up to three guest rooms within a single dwelling that islocated on a farm and is the principal residence of the proprietor oftheestablishment.

Forest Access Road: means a one ortwo -lane unpaved road that isdesigned toprovide access to and within a woodland for wildlife, fish and forest managementpurposes;

Forest Management: means the management ofwoodlands, including accessoryuses such as the construction and maintenance offorest access roads and maplesyrup production facilities.

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a. for the production of wood and wood products, including maplesyrup, but not including the manufacturing of finished woodproducts other than as part of a home occupation,

b. to provideoutdoor recreationopportunities,c. to maintain, and where possible improve or restore, conditions for

wildlife, andd. to protect water supplies.

Hazardous Waste: has the same meaning as in Regulation 347 of the RevisedRegulations of Ontario, 1990;

Home Industrv: means a business that,a. is carried on as a small-scale use that is accessory to a single

dwelling or agricultural operation,b. provides a service suchas carpentry, metalworking, welding,

electrical work or blacksmithing, primarily to the farmingcommunity,

c. may becarried on in whole or in part in anaccessory building, andd. does not include uses such as anauto repair or paint shop or

furniture stripping;

HomeOccupation: means any occupation which is carriedon asanaccessory use and only bymembers of the one family residing ina dwellinghouse or dwelling unit provided that:

a. no person, other than a member of the family is engaged incanvassing, delivering or as a go-between indistributingmerchandise to customers;

b. there isno display, other than a legal sign, to indicate to personsoutside, that any part of the dwelling house, unit or lot is beingused for a purpose other than residential;

c. such home occupation is clearly secondary to the main residentialuse and does not change the residential character of the dwellinghouse orunit nor create orbecome a public nuisance, in particular,in regard to noise, noxious odours or emission of smoke, traffic orparking;

d. no more than one (1) person not resident in the dwelling shall beemployed;

e. such home occupation does not interfere with television or radioreception;

f. there are no goods, wares ormerchandise, publicly offered orexposed for sale on the premises;

g. not more than 25% of the gross floor area of the dwelling house orunit is used for thepurposes of home occupation uses; and

h. such home occupation uses may include theoffice of a medical ordrugless practitioner, lawyer, ora real estate agent, but a beautyparlour, or a barber shop, a clinic, a hospital, a nursing home, tearoom, an animal hospital, an auto repair or paintshop or furniturestripping shall not bedeemed to behome occupations.

Impervious Surface means a surface that does not permit the infiltration of water,such as a rooftop, sidewalk, paved roadway, driveway or parking lot;

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Liquid Industrial Waste: means the same as in Regulation 347 of the RevisedRegulations of Ontario, 1990, as amended.

Low Intensity Recreational Use: means recreational uses that haveminimal impact on the natural environment and require very littleterrain or site alteration and few, if any, buildings or structures. Suchuses include-motorized trail uses, natural heritage appreciation,unserviced camping on public and institutional land, accessory uses,and other similar uses. Required parking for non - motorized trailuses and natural heritage appreciation on private land shall be notexceed ten parking spaces in any one location.

Major Development meansdevelopment consistingof,

(a) the creation of four or more lots,(b) the construction of a building or buildings with a ground floor area

of 500 m^ or more, or(c) the establishment ofa major recreational use.

Major Recreational Use means recreational uses thatrequire large-scalemodification ofterrain, vegetation or both and usually also require large-scalebuildings or structures, such as golfcourses, serviced playing fields, servicedcampgrounds, ski hills and other similar uses.

Mineral Aggregate means gravel, sand, clay, earth, shale, stone, limestone,dolostone, sandstone, marble, granite, rock orother material prescribed under theAggregate Resources Act, but does not include metallic ores, asbestos, graphite,kyanite, mica, nepheline syenite, talc, wollastonite, orother material prescribedunder that Act;

Mineral Aggregate Operation means:

(a) an operation, otherthan a wayside pit, conducted under a licenceor permit under the Aggregate Resources Act, and

(b) associated facilities used in the extraction, transportation,beneficiation, processing orrecycling ofmineral aggregate ortheproduction of related byproducts.

Oak Ridges Moraine Conservation Plan Area: means the area of land within theTownship ofKing designated by Ontario Regulation I / 02 as being the OakRidges Moraine Area, comprising the land lying within the Oak Ridges MoraineConservation Plan Area Boundary shown on Schedule "C" Legend, Schedule "C"Key Map and Schedule "C" MapNos. 1,2,3,4,5,6, 9,10, 11, 12, 13, 14, 15,16,17, 18,19, 20 and 22 respectivelyattached hereto;

Single Dwelling means a building containing only one dwelling unit

Site Alteration means activities such as filling, grading and excavation that wouldchange the landform and natural vegetative characteristics of land, butdoes notinclude,

(a) the construction of facilities for transportation, infrastructure andutilities uses, as described below, bya public body, or

(b) for greater certainty,

(i) the reconstruction, repairor maintenance of a drainapproved under the Drainage Act and in existence onNovember 15, 2001, or

(ii) the carrying outof agricultural practices on land that wasbeing used for agricultural uses onNovember 15, 2001;

Transportation. Infrastructure and Utilities: means,

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(a) public highways;(b) transit lines, railways and related facilities;(c) gas and oil pipelines;(d) sewage and water service systems and lines and

stormwater management facilities;(e) power transmission lines;(f) telecommunications lines and facilities, including

broadcasting towers;(g) bridges, interchanges, stations, and other structures,

above and below ground, that are required for theconstruction, operation or use of the facilities listed inclauses (a) to (f); and

(h) rights of way required for the facilities listed inclauses (a) to (g)

Unserviced Park means a park that provides recreational opportunities andfacilities, including playing fields, but without outdoor lighting, accessorycommercial facilities, paved parking lots or permanent wateror sewer facilities.

Wavside Pitmeans a temporary pitopened or used by or for a public body solelyfor the purpose ofa particular project of road construction and not located on theroad right ofway.

Wellhead Protection Area means the surface and subsurface area surrounding awater well or well field thatsupplies a public water system and through whichcontaminants are reasonably likely to move soas eventually to reach the waterwell or well field.

Woodland means a treed area, woodlot or forested area, other than a cultivatedfruit ornut orchard ora plantation established for the purpose ofproducingChristmas trees.

h. Amending Section 5.1 —Scope by adding "and the protection, conservation,restoration and enhancement of the ecological and hydrological functions of theOak Ridges Moraine Plan Area".

i. Amending the titles and numbering of the "Contents of This Section" in Section 6,"General Provisions All Zones" to incorporate amendments to Section 6 asdescribed below.

I. Inserting a newsub section following subsection 6.4:

6.5a Previouslv Authorized Dwellings and Accessorv Buildings Thereto: OakRidges Moraine Conservation Plan Area

On lands located within the area defined as Oak Ridges Moraine ConservationPlan Area nothing in this By-law shall prevent the use, erection or location of asingle dwelling and accessory buildings thereto provided:

i. The use, erection and location would have been permitted by theapplicable zoning by-law on November 15,2001;

ii. The performance standards of the applicable zone are met;iii. A Site Plan Approval is obtained under Section 41 of the Planning

Act if the single dwelling is proposed within an Oak RidgesMoraine Feature Protection Zone or its corresponding 120m Areaof Influence, a Landform Conservation Area, (all as defined in thisBy-law) demonstrating that, to the extent possible, the expansionwill not adversely affect the ecological integrity of the Oak RidgesMoraine Conservation Plan Area.

k. Inserting a new subsection following the above subsection to add the following:

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6.5b Building Permit for Reconstruction. Oak Ridges Moraine ConservationPlan Area

"On lands located within the area defined as Oak Ridges Moraine ConservationPlan Area nothing in this By-law shall prevent the reconstruction, within the samelocation and dimensions, of an existing building or structure that is damaged ordestroyed by causes beyond the owners control, and the reconstructed building orstructure shall be deemed to be an existing building or structure if there is nochange in use and no intensification of the site."

1. Amending Section 6.6 Building Permit Issued to add the following paragraph:

"On lands located within the area defined as Oak Ridges Moraine ConservationPlan Area the provisions of this By-law shall not prevent the erection or use for apurpose prohibited by this By-law of a building or structure for which a permithas been issued under subsection 8(2) of the Building Code Act. 1992 on orbefore November 15,2001 if,

i. The permit has not been revoked under subsection 8(10) of theBuilding Code Act. 1992. and

ii. The building or structure when erected is used and continues to beused for the purpose for which it was erected."

m. Inserting a new subsectionfollowing subsection6.9 as follows:

6.10 ''Continuation of Previous Approvals

On lands located within the area defined as Oak Ridges Moraine ConservationPlanAreanothing in the By-law applies to prevent:

(i) the use, erection and location of a building or structure if the use,erection or location was authorized by the approval of anapplication that was commenced before November 17, 2001 andapproved after that date or commenced after November 17, 2001and decided upon in accordance with Subsection 17(1) of the OakRidges Moraine Conservation Act."

n. Amending Section 6.11, Continuation of Farming Use by adding the following tothe beginning of the first sentence:

"With the exception of the area defined as the Oak Ridges Conservation PlanArea,"

And by adding the following at the end of the subsection:

"Within area defined as the Oak Ridges Moraine Conservation Plan Area newagricultural uses shall comply with the requirements of the appropriate OakRidges Moraine zone."

o. Amending Section 6.15, Existing Buildings to add the following subsection:

"(vi) Within the area defined as the Oak Ridges Moraine Conservation Plan Area,nothing in this By-law applies to prevent the use of any land, building or structureprohibited by this By-law, if the land, building or structure was lawfully used forthat purpose on November 15,2001 and continues to be used for that purpose.

p. Inserting a new section following Section 6.24 Land Suitability for Use as follows:

" Landform Conservation

i) Nodevelopment, sitealteration or change of use shall take placewithin the areas shown as Landform Conservation Area (Category 1)

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and Landform Conservation Area (Category 2) on Schedule D Map 1Oak Ridges Moraine Landform Conservation Areas unless it is inaccordance with a Site Plan prepared under Section 41 of the PlanningAct and approved by Council of the Township of King. Wheredevelopment or site alteration comprises an expansion to an existinginstitutional use the provisions of subsection 6.60 "Institutional" shallapply. Wheredevelopment or site alterationcomprisesan expansionofa building or structure the provisions of subsection 6.61_ "Oak RidgesMoraine: Expansion of Existing Buildings and Structures" shall apply.Wheredevelopment or site alteration comprises previouslyauthorizeddwellings and accessory buildings thereto, the provisions of subsection6.5a "PreviouslyAuthorized Dwellings and Accessory BuildingsThereto" shall apply.) Where the development, site alterationorchange of use are located within a "Rural Settlement Area" or RuralSettlement Areadesignation in theTownship of King Official Plan,the provisions of Sections 6.62 "Oak Ridges Moraine: RuralSettlement Areas shall apply. Where the development, site alterationor change of use are located within a Settlement Areadesignation intheTownship of KingOfficial Plan the provisions of Section 6.63 OakRidges Moraine: Settlement Areas shall apply.

ii) Except for lands within Settlement Areas as shown onthe Township ofKing Official Plan, on those lands identified on Schedule D Map 1Oak Ridges Moraine Landform Conservation Areas attached hereto asLandform Conservation Area (Category 1) the area of impervioussurface shall not exceed 15% of the area so identified within thesubject property, and the proportion of the area so identified within thesubject property that is disturbed through grading or other constructionactivity shall not exceed 25%,

iii) Except for lands within Settlement Areas as shown on the Township ofKing Official Plan, on those lands identified on Schedule D Map 1Oak Ridges Moraine Landform Conservation Areas attached hereto asLandform Conservation Area (Category 2), the area of impervioussurface shall not exceed 20% of the total of the area so identifiedwithin the subject property and the proportion of the area so identifiedwithin the subject property that is disturbed through grading or otherconstruction activity shall not exceed 50%.

q. Amending Section 6.39 Public Uses Permitted as follows;

Add the following to the beginning of paragraph (i): "With the exception oflands located within the area defined as Oak Ridges Moraine ConservationPlan Area".

Add the following to the beginning of paragraph (ii) "Installation of Servicesand Utilities": "With the exception of lands located within the area defined asOak Ridges Moraine Conservation Plan Area".

Inserting a new paragraph (iii): "Within the area defined as the Oak RidgesMoraine Conservation Plan Area new transportation, infrastructure andutilities uses shall comply with Section 41 of the Oak Ridges MoraineConservation Plan and corresponding policies of the Township of KingOfficial Plan, as amended".

r. Amending Section 6.51 Uses Prohibited by the addition ofthe following:

"(vi) Notwithstanding any other provision of this By-law with the exceptionof Section 6.60 "Institutional" the following uses are prohibited on landsidentified as "Area ofHigh Aquifer Vulnerability" on Schedule DMap 2 withthe exception of those such uses lawfully existing on November 15, 2001which may continue until the use ceases.

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a. Generation and storage of hazardous waste or liquid industrial waste.b. Waste disposal sites and facilities, organic soil conditioning sites, and

snow storage and disposal facilities.c. Underground and above-ground storage tanks that are not equipped with

an approved secondary containment device.d. Storage of a contaminant listed in Schedule 3 (Severely Toxic

Contaminants) to Regulation 347 of the Revised Regulations of Ontario,1990 or its successor.

(vii) Notwithstanding any other provision of this By-law with the exception ofSection 6.60 "Institutional" the following uses are prohibited on landsidentified as Wellhead Protection Area on Schedule D Map 2 with theexception of those such uses lawfully existing on November 15, 2001 whichmay continue until the use ceases;

1. Storage, except byan individual for personal or family use,of:

a. petroleum fuels,b. petroleum solvents and chlorinated solvents,c. pesticides, herbicides and fungicides,d. construction equipment,e. inorganic fertilizers,f. road salt, andg. contaminants listed in Schedule 3 (Severely Toxic

Contaminants) to Regulation 347 of the RevisedRegulations of Ontario, 1990 or its successor.

2. Generation and storage ofhazardous waste or liquidindustrial waste.

3. Waste disposal sites and facilities, organic soilconditioning sites, and snow storage and disposal facilities.

(viii) Notwithstanding any other provision ofthis By-law with the exception ofSection 6.60 "Institutional" the following uses are prohibited inaddition tothose prohibited by paragraph (vii) on lands identified as WellheadProtection Area Zero to Two Year Travel Zone on Schedule DMap 2 withthe exception of those such uses lawfully existing on November 15, 2001which may continue until the use ceases:

a. Storage of animal manure, except by an individual forpersonal or family use.

b. Animal agriculture, except by an individual for personalor family use.

c. Storage of agricultural equipment, except byan individualfor personal or family use.

(ix) For the purpose of this Section, animal agriculture shall meanthe growing, producing and raising farm animals including,without limitation;

(a) livestock, including equines, poultry and ratites,(b) fur-bearing animals,(c) bees,(d) cultured fish,(e) deer and elk, and(f) game animals and birds."

s. Adding the following subsection following Section 6.52, "Uses Restricted"

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"Major Development: Oak Ridges Moraine

i) Unless specifically permitted by this By-law, major development is notpermittedon lands located within the area defined as Oak Ridges MoraineConservation Plan Area.

ii) Notwithstanding the above, expansion to an existing institutional use withinthe area defined as Oak Ridges Moraine Plan Area shall be permitted providedSection 6.60 "Institutional" is complied with.

iii) Notwithstanding the above, major development comprising the constructionofa building for agricultural use may be permitted in the area defined as OakRidges Moraine Plan Area provided a site plan application under Section 41of the Planning Act is approved by Council. The site plan shall demonstratethat that all requirements of the Oak Ridges Moraine Plan and the Townshipof King Official Plan including those relating to major development have beenmet. In addition the permitted uses and performance standards of theapplicable zone in By-law 74-53, as amended, shall be complied with."

t. Inserting a new subsection following Section 6.59:

6.60 "Oak Ridges Moraine: Existing Institutional Uses

Nothing in this Zoning By-law applies to prevent the expansion of anexistinginstitutional use within the area defined as Oak Ridges Moraine ConservationPlan Area, provided:

a. The performance standards setout in Section 21.2 (Institutional Zone) aremet;

b. There is no change in use;c. A Site Plan approval is obtained under Section 41 of the Planning Act if

theexpansion is proposed within an Oak Ridges Moraine FeatureProtection Zone or its corresponding 120 m Area of Influence, a LandformConservation Area, a Wellhead Protection Area oran Area ofHighAquifer Vulnerability (all as defined in this By-law) orif the proposalcomprises major development (also asdefined inthis By-law)demonstrating that the expansion will not adversely affect the ecologicalintegrity of the Oak Ridges Moraine Conservation Plan Area.

For the avoidance ofdoubt, in this subsection the expansion ofan existinginstitutional use means that there shall be no change in use. Such expansions shallbe subject toSection 21.2 and, where applicable, 21.6 of this By-law."

u. Inserting a newsubsection following the above:

6.61 Oak Ridges Moraine: Expansion of Existing Buildings and Structures

Nothing inthis Zoning By-law applies to prevent the expansion ofan existingbuilding orstructure on the same lot within the area defined as Oak RidgesMoraine Conservation Plan Area, provided:

a. The performance standards for the applicable zone are met;b. There is no change in use;c. A Site Plan approval is obtained under section 41 of the Planning Act if

the expansion is proposed within an Oak Ridges Moraine FeatureProtection Zoneor its corresponding 120 m Areaof Influence, anEnvironmental Protection Zone, a Landform Conservation Area which islocated outside a Settlement Area, (all asdefined inthis By-law) or if theproposal comprises major development (also as defined in this By-law)demonstrating that the expansion will not adversely affect the ecologicalintegrity of the Oak Ridges Moraine Conservation Plan Area.

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Where the land is within a Landform Conservation Area in a Settlement

Area, a Landform Conservation Plan, prepared in accordance with section4.1.6 of Official Plan Amendment 57 or Sections 4.3.2 iii) or 4.3.3 iii) ofOfficial Plan Amendment 54 is submitted with the Site Plan or BuildingPermit application.

Inserting a new subsection following the above:

6.62 Oak Ridges Moraine: Rural Settlement Areas

Nothing in this Zoning By-law applies to prevent a use or the erection or locationofa building or structure within an Oak Ridges Moraine Rural Settlement Area asdesignated in the Official Plan for the Township of King or AmendmentNo. 23 tothe Official Plan for the Township of King provided:

a. The use, building or structure would have been permitted by By-law 74-53on November 15,2001 and complies with the permitted uses andperformance standardsof the applicable zone in By-law74-53 asamended;

b. The use, buildingor structure complieswith subsections 6.51 (vi) (Areasof High Aquifer Vulnerability) and (vii), (viii) and (ix) (WellheadProtection Areas) of this By-law

c. A Site Plan approval is obtained under section 41 of the Planning Act ifthe expansion is proposed within an Oak Ridges Moraine FeatureProtectionZone or its corresponding 120 m Area of Influence or aLandform Conservation Area, (all as defined in this By-law)demonstrating, to the extent possible, that theexpansion will not adverselyaffect the ecological integrity of the OakRidges Moraine ConservationPlan Area.

w. Insertinga new subsection following the above:

6.63 Oak Ridges Moraine: Settlement Areas

Nothing in this Zoning By-lawapplies to preventa use or the erection or locationof a building or structure within an OakRidges Moraine Settlement Area asdesignated in Amendment No. 54 or Amendment No. 57 to the Official Plan forthe Township of King provided:

a. The use, building or structure would have been permitted by By-law 74-53on November 15,2001 and complies with the permitted uses andperformance standards of theapplicable zone in By-law 74-53 asamended;

b. The use, building or structure complies with subsections 6.51 (vi) (Areasof High Aquifer Vulnerability) and (vii), (viii)and (ix) (WellheadProtection Areas) of this By-law

c. A Site Plan approval is obtained under section 41 of the Planning Act ifthe expansion is proposedwithin an Oak Ridges Moraine FeatureProtection Zoneor an Environmental Protection Zone its corresponding120m Areaof Influence demonstrating that the expansion will notadversely affect the ecological integrity of the Oak Ridges MoraineConservation Plan Area.

d. Wherethe land is within a Landform ConservationArea, a LandformConservation Plan, prepared in accordance with section 4.1.6 of OfficialPlan Amendment 57 or Sections4.3.2 iii) or 4.3.3 iii) of Official PlanAmendment 54 is submitted with the Site Plan or BuildingPermitapplication.

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X. Inserting a new subsection following the above:

6.64 Oak Ridges Moraine: Areas of Influence

No development, site alteration or change of use shall take place within the"120m Area of Influence" boundaries shown on Schedule "C" Map Nos. 1,2, 3,4, 5,6, 9,10,11,12,13,14,15,16,17,18,19,20 and 22 unless it is inaccordance with a Site Plan prepared under Section 41 of the Planning Act andapproved by Council of the Township of King. Any such Site Plan shall conformwith the minimum vegetation protection zone requirements of the Official Plan ofthe Township of King and Part 111 of the Oak Ridges Moraine Conservation Plan;

y. Supplementing the title of Section 11 - Commercial General (Cl) Zone with theaddition of "and Commercial General Rural Settlement (CIRS) Zone", addingreferences to Sections 11.1,11.2 and 11.3 so that their provisions also apply to theCommercial General Rural Settlement (CIRS) Zoneand addinga new subsectionfollowing Subsection 11.3 General Provisions All Zones as follows, renumberingsubsequent subsections accordingly:

"11.4 Commercial General Rural Settlement Zone tClRS^

Notwithstanding theprovisions of Sections 11.1,11.2 or 11.3, of this By-law, noperson shall undertake development within the Commercial General RuralSettlement Zone (CIRS) zone thatwould result in a total gross floor area for allbuildingson the lot exceeding 500 square metres without an amendment to thisBy - law.

z. Supplementing the title of Section 12 - Commercial Highway (C2) Zone with theaddition of"and Commercial Highway Rural Settlement (C2RS) Zone", addingreferences to Sections 12.1, 12.2, 12.3, 12.4, 12.5, 12.6 and 12.7 so that theirprovisions also apply to the Commercial Highway Rural Settlement (C2RS) Zone,andadding a newsubsection following Subsection 12.7 General Provisions AllZones as follows, renumbering subsequent subsections accordingly:

"12.8 Commercial Highwav Rural Settlement Zone (C2RS^

Notwithstanding the provisions of Sections 12.1, 12.2,12.3, 12.4,12.5, 12.6 and12.7 of this By-law, noperson shall undertake development within theCommercial Highway Rural Settlement (C2RS) zone that would result in a totalgross floor area for all buildings on the lotexceeding 500 square metres withoutan amendment to this By - law.

aa. Supplementing the title of Section 13 - Commercial Local (C3) Zone with theaddition of"and Commercial Local Rural Settlement (C3RS) Zone", addingreferences to Sections 13.1,13.2,13.3,13.4, 13.5 and 13.6 sothat their provisionsalso apply to the Commercial Local Rural Settlement (C3RS) zone, and adding anew Section following Section 13.6 General Provisions All Zones as follows,renumbering subsequent sections accordingly:

"13.7 Commercial Local Rural Settlement Zone (C3RS^

No person shall undertake development within the Commercial Local RuralSettlement (C3RS) zone that would result in a total gross floor area for allbuildingson the lot exceeding 500 square metres without an amendment to thisBy - law.

bb. Supplementing the title of Section 16 - Industrial Restricted (M1) Zone with theaddition of"and Industrial Restricted Rural Settlement (MIRS) Zone", addingreferences to Sections 16.1, 16.2, 16.3, 16.4, 16.5, 16.6,16.7 and 16.8 so that theirprovisions also apply tothe Industrial Restricted Rural Settlement (MIRS) Zone,and adding a new section following Section 16.8 General Provisions All Zones asfollows, renumbering subsequent Sections accordingly:

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"16.9 Industrial Restricted Rural Settlement Zone (Ml RSI

No person shall undertake development within the Industrial Restricted RuralSettlement (MIRS) zone that would result in a total gross floor area for allbuildings on the lot exceeding 500 square metres without an amendment to thisBy - law.

CO. Supplementing the title of Section 17- Industrial General (M2) Zone with theaddition of"and Industrial General Rural Settlement (M2RS) Zone", addingreferences to Sections 17.1, 17.2, 17.3,17.4, 17.5, 17.6, and 17.7 so that theirprovisions also apply to the Industrial Restricted Rural Settlement (MIRS) Zone,and adding a new Section following Section 17.7 General Provisions All Zones asfollows, renumbering subsequent sectionsaccordingly:

"17.8 Industrial General Rural Settlement Zone (M2RS)

No person shall undertake development within the Industrial General RuralSettlement (M2RS) zone that would result in a total gross floor area for allbuildings on the lot exceeding 500 squaremetres without an amendment to thisBy - law.

dd. Supplementing the title of Section 19 - Industrial Storage (M4) Zone with theaddition of"and Industrial Storage Rural Settlement (M4RS) Zone",addingreferences to Sections 19.1, 19.2, 19.3, 19.4, 19.5 and 19.6 so that their provisionsalso apply tothe Industrial Storage Rural Settlement (M4RS) Zone, and adding anew Section following Section 19.6 General Provisions All Zones as follows:

"19.7 Industrial Storage Rural Settlement Zone rM4RS^

No person shall undertake development within the Industrial Storage RuralSettlement (M4RS) zone that would result a total gross floor area for all buildingson the lot exceeding 500 square metres without an amendment to this By - law.

ee. Supplementing thetitle of Section 21 - Institutional (I)Zone with theaddition of"and Institutional Rural Settlement (IRS) Zone", adding references to Sections21.1, 21.2, 21.3, 21.4 and 21.5 sothat their provisions also apply to theInstitutional Rural Settlement (IRS) Zone, and adding a new Section followingSubsection 21.5 General Provisions All Zones as follows, renumberingsubsequentsections accordingly:

"21.6 Institutional Rural Settlement Zone (IRSl

No person shall undertake any development within the Institutional RuralSettlement (IRS) zone other than the expansion ofan existing institutional use inaccordance with Section 6.60 "Institutional" of this By-law that would result inatotal gross floor area for all buildings on the lot exceeding 500 square metreswithout an amendment to this By - law.

ff. Amending Section 27.1 "Uses Permitted" by adding the following sentence at theend of this Section:

"Within the Oak Ridges Moraine Conservation Plan Area expansion,development andsitealteration may be permitted on a residential lot for aresidential orancillary use within an Environmental Protection (EP) zone,provided any such expansion, development or site alteration is in accordance witha Site Plan prepared under Section 41 ofthe Planning Act and approved byCouncil of the Township of King;

gg. Adding the following new Sections following Section 27 andrenumbering the formerSection 28 accordingly:

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"SECTION 28 - OAK RIDGES MORAINE FEATURE PROTECTION - ORMFP

ZONE

28.1 Uses Permitted

No personshall, withinan Oak Ridges Moraine Feature Protection- ORMFPZone change the use of any land, building or structure or erect or use anybuildingor structureexcept in accordance with the following uses;

1. Fish, wildlife and forest management.2. Conservation projects and flood and erosion control projects in

conformity with the Oak Ridges Moraine Conservation Plan.3. Transportation, infrastructure and utilities in conformity with the Oak

Ridges Moraine Conservation Plan.4. Single dwelling as permitted by Section 6.5a5. Home occupations6. Home industries

7. Bed and breakfast establishments

8. Uses accessory to the uses set out in paragraphs 1 to 7.

28.2 Further Provisions

The provisions of Sections 22.2, 22.4, 22.5 and 22.12 shall apply tolands within the ORMFP zone. Previously authorized dwellings shallbe subject to the performance standards provided in Section 22.7.

28.3 Exceptions

Where Areas of Exceptions are found in the Oak Ridges MoraineFeature Protection- ORMFP Zone on Schedule "C" Map Nos. 1, 2,3,4, 5,6,9,10,11,12,13,14,15,16,17,18,19,20 or 22 , thoseexceptions - or the requirements of the zone specified in Schedule Eas corresponding to an exception- shall apply to the extent that theycomply with the Oak Ridges Moraine Conservation Plan and theTownship ofKing Official Plan, as amended."

"SECTION 29 - OAK RIDGES MORAINE NATURAL CORE ANDLINKAGE- ORMNCL ZONE

29.1 Uses Permitted

No person shall, within an Oak Ridges Moraine Core and Linkaee-ORMNCL ZONE changethe use of any land, buildingor structureexcept inaccordance with the following uses;

1. Fish, wildlife and forest management.2. Conservation projects and flood and erosion control projects in

conformity with the Oak Ridges Moraine Conservation Plan3. Agricultural uses4. Transportation, infrastructure and utilities in accordance with the Oak

Ridges Moraine Conservation Plan5. Home occupations6. Home industries

7. Bed and breakfast establishments

8. Farm vacation homes

9. Single dwelling as permitted by Section 6.5a10. Uses accessory to the uses set out in paragraphs 1 to 9.

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29.2 Further Provisions

The provisions of Sections 22.2,22.4, 22.5 and 22.12 shall apply tolands within the ORMCL zone. Previously authorized dwellings shallbe subject to the performance standards provided in Section 22.7.

29.3 Exceptions

Where Areas of Exceptions are found in the Oak Ridges MoraineCore and Linkage- ORMNCL ZONE on Schedule "C" Map Nos. 1,2, 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20 or 22, thoseexceptions - or the requirements of the zone specified in Schedule Eas corresponding to an exception - shall apply to the extent that theycomply with the the Oak Ridges Moraine Conservation Plan and theTownship of King Official Plan, as amended."

"SECTION 30- OAK RIDGES MORAINE COUNTRYSIDE - ORMC ZONE

30.1 Uses Permitted

No person shall, within an Oak Ridges Moraine Countrvside- ORMC Zonechange the useof any landbuilding or structure or erect or use any buildingor structureexcept in accordance with the following uses;

1. Fish, wildlife and forest management.2. Conservation projects and flood and erosion control projects in

conformity with the Oak Ridges Moraine Conservation Plan.3. Agricultural uses4. Transportation, infrastructure and utilities in conformity with theOak

Ridges Moraine Conservation Plan5. Home occupations6. Home industries

7. Bed and breakfast establishments

8. Farm vacation homes

9. Agriculture - related uses10. Single dwelling as permitted by Section 6.5a11. Usesaccessory to the uses set out in paragraphs 1 to 10.

30.2 Further Provisions

The provisions of Sections 22.2, 22.4, 22.5 and 22.12 shall apply tolands within theORMC zone. Previously authorized dwellings shallbe subject to the performance standards provided in Section 22.7.

30.3 Exceptions

Where Areas of Exceptions are found in the Oak Ridges MoraineCountryside- ORMC Zone on Schedule"C" Map Nos. 1, 2, 3,4, 5,6,9, 10, 11, 12, 13, 14, 15,16, 17,18,19, 20or 22 , those exceptions- or the requirements of the zone specified in Schedule E ascorresponding to an exception - shall apply to the extent that theycomply with the Oak Ridges Moraine Conservation Plan and theTownship of King Official Plan, as amended."

"SECTION 31- OAK RIDGES MORAINE MINERAL AGGREGATEOPERATION ORMMAO ZONE

31.1 Uses Permitted

No person shall within the Oak Ridges Moraine Mineral AggregateOperation (ORMMAO) zone useany land, lot or erect, alteror useanybuilding or structure for any purpose except for the following:

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A mineral aggregate operation

31.2 Zone Requirements

No person shall within the Oak Ridges Moraine Mineral AggregateOperation (ORMMAO) zone use any land, lot or alter or erect, alteror use any building or structure, except in accordance with thefollowing provisions;

(i) Lot Area Minimum Nil

(ii) Lot Frontage Minimum Nil

(iii) Front Yard Minimum 30.0 metres

(iv) Rear Yard Minimum 30.0 metres

(V) Side yard Minimum 30.0 metres

31.3 Yard Abutting Public Road

Notwithstanding anyother yard requirements in this By-law, wherean Oak Ridges Moraine Mineral Aggregate Operation (ORMMAO)zone abuts a public street or road, then on theyard thatso abuts thereshall be a yardof 60.0 metres in which no digging of materials orquarryingof stone shall be permitted.

31.4 Yard Abutting a Residential or Transitional Zone

Notwithstanding any other provisions of thisBy-law, where an OakRidges Moraine Mineral Aggregate Operation (ORMMAO) zoneabuts a Residential or Transitional zone:

(i) theremoval of sand and gravel shall beprohibited within 120metres of the abutting Residential zone,

(ii) the removal ofquarry stone orthe processing ofsand, gravelor stone at themineral aggregate operation shall be prohibitedwithin 215.0 metres of the abutting Residential zone.

31.5 Yard Exception Building and Storage

No building, plant or product stock pile of mineral aggregateoperation shall be located onthe mineral aggregate operationproperty within:

(i) 30.0 metres of the boundary of the mineral aggregateoperation property or

(ii) 90.0 metres ofany abutting Residential or Transitional zone.

31.6 Fencing Required

Every owneror operatorof an Oak Ridges Moraine MineralAggregate Operation (ORMMAO) use shall erect and maintain afence ofheavy duty farm or legal fencing at least 1.5 min heightwhich shall follow the contours ofthe survey of the ground along theperimeter of the lot or area of the lot to be used for a mineralaggregate operation.

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31.7 Buffer Screen Required

Notwithstanding any other requirement of this By-law, a bufferscreen unbroken except for entrances and exits, consisting ofconiferous or deciduous trees and numbering a minimum of 250 treesper hectare, and having a minimum height at planting of 1.8 metresand which will attain a minimum height of6.0 metres shall beprovided and maintained within the required front, side and rearyards and located a minimum of 15.0 metres of any abutting publicstreet or highway and 15 metres of any land in a Residential orTransitional zone, except that a buffer screen may be supplementedor replaced by an earthen berm, high enough to interrupt the view ofthe mineral aggregate operation from adjoining land and in any caseat least 1.8 metres in height, properly seeded and graded and locatedin the same required location as a bufferscreen consisting of trees.

31.8 General Provisions All Zones

All special provisions of Section 6 "General Provisions Ail Zones"where applicable to any land, lot, building, structure or use within theOak Ridges Moraine Mineral Aggregate Operation (ORMMAO)zone shall apply."

hh. Amending Section 28. 4, Remedies, to add ", the Oak Ridges MoraineConservation Act or the Oak Ridges Moraine Conservation Plan" following"The Planning Act", and amending Section 28.7, Penalty to insert thefollowing paragraph:

"Penalties in relation to offences under the Oak Ridaes MoraineConservation Act shall be in accordance with Section 24 of thatlegislation."

2. THAT except where specifically provided for herein, the use of the lands subject to this By

lawshall comply with all other provisions of Zoning By-law No. 74-53, as amended.

3. THAT this By-law shall come into force on March 9, 2005, subject to possible modification

and approval by the Minister of Municipal Affairs and Housing in accordance with Section

10 of the Oak Ridges Moraine Conservation Act. 2001.

READ a FIRST and SECOND time this f' day ofMarch, 2005.

READ a THIRD time and FINALLY PASSED this 7"^ day ofMarch, 2005.

Margaret'BlackrM-^yiJ,.

Chris Sdhferville, Clerk

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€^' ,'- - ""ti'/; Kr-rf^

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Residential Urban

Residential Hamlet

Residential Estate

Schedule 'C

LEGEND

I Residential Rural

I Commercial General:2 J Commercial Highway'3 I Commercial Local

M ] Commercial Shopping Centre

Environmental Protection

C1-RS 1 Commercial General Rural Settlement

C2-R^ Commercial Highway Rural Settlement

C3-RS Commercial Local Rural Settlement

C4-RS Commercial Shopping Centre Rural Settlement

C5-RS Commercial Marine Rural Settlement

Mi-RS^ Industrial Restricted Rural Settlement

M2-Rsn Industrial General Rural Settlement

M3-RS j Industrial Extractive Rural Settlement

M4«RS Industrial Strange Rural Settlement

I-RS 1 Institutional Rural Settlement

ORMFP I Oak Ridges Moraine Feature Protection

[ormncl| Oak Ridges Moraine Natural Core and Linkage

ORMC I Oak Ridges Moraine Countryside

Industrial Restricted

Industrial General

Industrial Storage

Institutional

Rural General

Rural Intensive

Rural Specialized

Transitional

Open Space and Conservation

ORMMAO| OakRidges Moraine Mineral Aggregate Operation

mmmmami Oak Ridges Moraine Conservation Plan Area Boundary

120m Area of Influence

Areas of Exceptions

- - - - • Map Outline

Township of

1^ KingPfodiiCBd&yGewiwlics Ocvisioo.Planoini}and DavBlopmonlServices DeparlmeolI? Copyrighl,The RegionalMunicipalily o' York.FeBniary 200S