nobleton zoning by-law review...nobleton urban area zoning by-law review and the purpose of this...

DISCUSSION PAPERZONING BY-LAW REVIEWDraft | January 2015

NOBLETON

Nobleton Zoning By-law Review | Draft Discussion Paper | January 2015 | i

Table of Contents 1.0 INTRODUCTION ......................................................................................... 1

1.1 Background and Project Process ................................................................................................... 1

1.2 Purpose of this Discussion Paper .................................................................................................. 2

2.0 PLANNING CONTEXT ................................................................................. 3

2.1 Planning Act .................................................................................................................................. 3

2.2 Provincial Policy Statement .......................................................................................................... 4

2.3 Provincial Plans ............................................................................................................................. 4

2.4 York Region Official Plan ............................................................................................................... 5

2.5 Nobleton Community Plan ............................................................................................................ 5

2.6 Other Studies ................................................................................................................................ 7

3.0 ZONING BY-LAW REVIEW .......................................................................... 9

3.1 Overview of King Township Zoning By-laws ................................................................................. 9

3.2 Zoning By-law 74-53 ...................................................................................................................... 9

3.3 Zoning By-law 2005-23 (Oak Ridges Moraine Conservation Plan Area) ..................................... 10

3.4 Recent Developments ................................................................................................................. 11

3.5 Draft King Township Comprehensive Zoning By-law .................................................................. 11

4.0 COMMUNITY PLAN CONFORMITY ........................................................... 13

4.1 Conformity with Land Use Designations ..................................................................................... 13

4.2 Zoning Policies ............................................................................................................................ 25

5.0 KEY ISSUES AND OPPORTUNITIES ............................................................ 28

5.1 Existing Residential Area Zoning ................................................................................................. 28

5.2 Future Residential Area Zoning ................................................................................................... 30

5.3 Community Core Zoning ............................................................................................................. 30

5.4 Definitions ................................................................................................................................... 31

5.5 General Provisions ...................................................................................................................... 32

5.6 Secondary Suites and Affordable Housing .................................................................................. 32

5.7 Natural Heritage Systems and Hazards ....................................................................................... 33

5.8 Source Water Protection Plan ..................................................................................................... 33

5.9 Format and Organizational Improvements ................................................................................. 34

ii | Prepared by MMM Group Limited for the Township of King

5.10 Legal Non-Conforming Uses and Non-Complying Structures ..................................................... 34

6.0 ZONING BY-LAW FRAMEWORK ............................................................... 35

6.1 Structure of the Nobleton Zoning By-law ................................................................................... 35

6.2 Zone Categories .......................................................................................................................... 36

7.0 NEXT STEPS ............................................................................................. 38

Nobleton Zoning By-law Review | Draft Discussion Paper | January 2015 | 1

1.0 Introduction Zoning By-laws are considered to be the primary tool for implementing the policies of an Official Plan,

translating high-level planning objectives and policies into detailed land use permissions and lot and

building requirements. Under a Zoning By-law, the Township may regulate the use of land, as well as the

character, location and size of buildings and structures. This section outlines the purpose of the

Nobleton Urban Area Zoning By-law Review and the purpose of this Discussion Paper.

1.1 Background and Project Process The Township of King has identified a need to review and update the Zoning By-law for the community

of Nobleton. Specifically, the outcome of this review will be the preparation and completion of a new

Zoning By-law for the urban area of Nobleton (Figure 1.1). The Review will result in a new Zoning By-law

for Nobleton’s urban area that:

Is consistent with the 2014 Provincial Policy Statement;

Implements and conforms to the policies of the Nobleton Community Plan, including

consideration for a variety of policy conformity issues and opportunities;

Considers the implications of the on-going Official Plan Review for the Township of King;

Addresses other issues with the Zoning By-law, as raised by the public, stakeholders and

Township staff;

Implements other relevant studies, such as the Nobleton Core Area Design Guidelines, the

Employment Area Design Guidelines and the Community Improvement Plan for Nobleton, King

City and Schomberg, for example;

Considers improvements to the By-law’s administration, interpretation and clarity; and

Functions as a template Zoning By-law for King City and Schomberg’s urban areas.

This project is being completed in accordance with a three-stage work program:

Stage 1, currently underway, focuses on a background review and review of existing by-laws,

and includes opportunities for public and stakeholder consultation, specifically to help the

project team identify issues with the current by-law and consider them through this process.

The outcome of Stage 1 will be a finalized version of this report which considers consultation in

Stage 1.

Stage 2 will involve preparing the Draft zoning By-law, which will be presented to the public and

stakeholders. Stage 2 also involves preparation of a Summary Report that will be used to clearly

communicate the key changes to the Zoning By-law for Nobleton. Stage 2 involves a Council

presentation to keep Council informed about the types of issues being addressed through the

project.

Stage 3 involves refinement and enactment of the Zoning By-law through consultation with the

public and stakeholders.

2 | Prepared by MMM Group Limited for the Township of King

Figure 1.1 | Nobleton Community Plan and Urban Area Boundary (dashed black line)

1.2 Purpose of this Discussion Paper The purpose of this Discussion Paper is to begin to outline potential issues to be addressed through the

Zoning By-law Review and outline preliminary options and recommendations to address key issues.

The process of reviewing and updating a Zoning By-law is a complex, iterative and often a very technical

process, which may involve many minor changes and improvements to the current Zoning By-law.

Accordingly, it is not the intent of this Discussion Paper to outline all of the issues and changes that will

be made, but to outline the key issues and changes that are required, based on a review of background

material and consultation with all interested persons.

The directions outlined in this report are preliminary in nature. Accordingly, at this time, this Discussion

Paper is considered an “Internal Working Draft.” Consultation with stakeholders and Township staff, as

well as residents, will greatly benefit this report so that clear, agreed-upon directions may be developed,

and that there is a comprehensive understanding of the issues involved in preparing the new Nobleton

Zoning By-law. Upon advancing the issues and recommendations further, the report will evolve into a

Working Draft – Public. It is anticipated that this report will evolve significantly throughout Stage 1 of

the process. This initial draft is largely intended to begin to outline key issues and potential options for

addressing them.


2.0 Planning Context Zoning By-laws are prepared under the Planning Act and must also be consistent or conform with other

Provincial policies and plans. Furthermore, Zoning By-laws must conform to the policies of the

Township’s Official Plan (i.e., the Nobleton Community Plan). Other studies may also indicate important

issues and opportunities that can be addressed by a Zoning By-law. This section outlines the policy

context under which the Urban Area Zoning By-law may be prepared for Nobleton.

2.1 Planning Act The Planning Act is the principal legislation that describes how municipalities may plan, manage and

regulate land use in Ontario’s communities. The Planning Act outlines matters of Provincial interest and

enables the Province to issue Policy Statements to provide direction to municipalities on matters of

Provincial interest.

The Planning Act enables municipal councils to pass a variety of tools to plan and regulate the use of

land. Under Section 16 of the Planning Act, most municipalities, including the Township of King, are

required to prepare and adopt Official Plans in accordance with the requirements of the Act. Official

Plans contain goals, objectives and policies to guide decision making on land use planning matters.

Municipal decisions, by-laws and public works are required to conform to the policies of the Official Plan

(Section 24(1)).

Section 34 of the Planning Act enables councils to pass zoning by-laws to regulate the use of land and

the location, height, bulk, size, floor area, spacing, character and use of buildings and structures, as well

as parking and loading requirements and lot area. Additionally, zoning by-laws may be used to prohibit

the use of land or erection of buildings and structures:

In wetlands, lands with steep slopes or otherwise hazardous land;

In contaminated lands or in areas with sensitive groundwater or surface water features;

In significant natural features and areas; and/or

In significant archaeological resource sites.

In accordance with Section 24(1), Zoning By-laws must also conform to the Official Plan and be

consistent with the Provincial Policy Statement. Zoning By-laws are viewed as one of the primary

implementation tools of the Official Plan, effecting its policies.

Zoning By-laws are legally enforceable documents with very precise requirements for each property in

the municipality. A property owner is not entitled to obtain a building permit unless their proposed

building, structure or change in land or building use is consistent with the requirements of the Zoning

By-law. Further, persons who have erected a building or structure or changed the use of land or the use

of a building which is not consistent with the Zoning By-law that is in effect may be subject to penalties

as outlined in the Planning Act.


If a person wishes to use their property or construct a building or structure that is not consistent with

the Zoning By-law, they may apply for a minor variance or a Zoning By-law Amendment. Minor variances

may be granted by the Committee of Adjustment in accordance with Section 45(1) of the Planning Act,

provided the variance satisfies the four tests of the Planning Act. Major deviations from the

requirements of the By-law require an amendment to the Zoning By-law.

2.2 Provincial Policy Statement The current Provincial Policy Statement (2014) is a statement of the Province’s position on land use

planning matters. The Provincial Policy Statement contains policies on community development,

employment areas, housing, public space, infrastructure, economic development, energy, resource

management, natural heritage, agriculture, cultural heritage and public health and safety. It promotes

the development of healthy, livable and safe communities, and the efficient use of land and

infrastructure through higher densities, mixed uses and access to multiple modes of transportation.

Decisions on land use planning matters, including the goals, objectives and policies of Official Plans,

must be consistent with the Provincial Policy Statement. It is intended that Official Plans are the primary

vehicle for implementing the Provincial Policy Statement. The 2014 Provincial Policy Statement also

recognizes Zoning By-laws as an important tool for implementing the Provincial Policy Statement, and

planning authorities are required to keep their Zoning By-law up to date with the Official Plan and the

Provincial Policy Statement. Otherwise, although the Provincial Policy Statement does not specifically

reference Zoning By-laws, the provisions of the Zoning By-law will need to be consistent with the

applicable policies of the Provincial Policy Statement.

2.3 Provincial Plans The Province has implemented several Provincial Plans which include Nobleton in their planning area.

The Growth Plan for the Greater Golden Horseshoe (Office Consolidation June 2013) provides

detailed policies respecting growth management and related matters for municipalities across

the Greater Golden Horseshoe. The primary vehicle for implementing this Plan is the Official

Plan; however, the policies are still very relevant to the preparation of a Zoning By-law, which

will provide for detailed built form standards.

The Greenbelt Plan (2005) and the Oak Ridges Moraine Conservation Plan (2001) focus on

protecting lands for agricultural uses and on conserving natural heritage systems. In particular,

the Oak Ridges Moraine Conservation Plan requires that Zoning By-laws be made to conform to

the land use designations outlined in the Plan; accordingly, the Township implemented by-law

2005-23 to provide for conformity with the Plan.

o The northern portion of Nobleton falls within the Oak Ridges Moraine Conservation

Plan area; the zoning provided by by-law 2005-23 should be reviewed but largely

carried forward as it applies to Nobleton’s urban area.

o Nobleton’s Community Plan Area, inclusive of its urban area is designated as Towns and

Villages in the Greenbelt Plan (Schedule 1). The policies of Section 3.4.2 apply to Towns

and Villages. In general, the Plan encourages continued planning to intensify, revitalize

and improve these settlements. The remainder of the policies largely govern settlement


boundary expansions into the Greenbelt, which is not being considered through this

Zoning By-law Review.

2.4 York Region Official Plan York Region’s Official Plan (June 20, 2013) outlines the Region’s policies respecting community growth,

development and land use. The Official Plan makes several references to municipal Zoning By-laws,

including the following specific issues for consideration in the Nobleton Urban Area Zoning By-law:

the need to identify key natural heritage features and key hydrologic features in zoning and to

protect them (2.2.9);

the need to contain policies and/or mapping which address floodplains, hazardous lands,

hazardous sites and regulated lands (as well as buffer requirements, permitted uses) (2.3.25);

the need to permit a range of housing types, lot sizes, functions, tenures and levels of

affordability (3.5.1.4);

the need to implement secondary suites in zoning by-laws (3.5.22);

consideration for implementing live-work units to promote telecommuting (4.1.11, 5.2.6);

the need to only permit employment and ancillary uses on employment lands (4.3.13);

consideration for parking management standards that reflect other modes of transportation,

shared parking requirements (e.g., time-of-day parking demands), site design to promote

pedestrian-friendly urban forms, surface parking to support redevelopment and retrofitting as

well as potential locations for carpooling and car-sharing spaces and bicycle storage

requirements (5.2.10);

the need to permit renewable energy projects and alternative energy systems which are not

regulated by the Province (5.2.12);

to promote value-added agricultural uses (e.g., local farm markets and farm-gate sales) (6.3.16);

to permit portable asphalt plants, wayside pits and quarries on a temporary basis without the

need for a zoning by-law amendment (6.5.9); and

incorporation of wellhead protection policies and mapping into Zoning By-laws in consultation

with the Region (7.3.36).

The Township’s new Official Plan (currently underway) must conform to the policies of the York Region

Official Plan, and the issues noted above must be considered through the Zoning By-law Review process.

The review of the Nobleton Urban Area Zoning By-law is an opportunity to implement the applicable

policies noted above. It is noted that portions of the Region’s Official Plan are subject to Ontario

Municipal Board appeals. Additionally, it is noted that the Region is conducting an Official Plan Review as

of 2014, including an update to reflect the 2014 Provincial Policy Statement.

2.5 Nobleton Community Plan The Nobleton Community Plan (Official Plan) provides detailed land use policies respecting the

development and management of land use in Nobleton. In accordance with the Planning Act, the

Nobleton Urban Area Zoning By-law must conform to the Nobleton Official Plan; however, this Review

considers the opportunities to proactively implement the policies of the Community Plan, to advance


the Township’s planning objectives. Section 5.1 of the Nobleton Community Plan considers the Zoning

By-law to be primary vehicle for implementing the Plan.

The current Community Plan for Nobleton (Office Consolidation, February 2005), was prepared prior to

the implementation of recent Provincial and Regional planning initiatives (e.g., the 2014 Provincial Policy

Statement). Accordingly, the review of the Zoning By-law will need to consider implementation of

Provincial and Regional policy. The on-going review and preparation of an Official Plan for the Township

of King will also be considered to identify emerging policy directions which differ from the current

Nobleton Community Plan.

Schedule “A” of the Nobleton Community Plan (Figure 1.1) illustrates the land use plan for Nobleton. All

lands are designated a particular land use, and each land use designation is associated with detailed

policies respecting land use and development. Additionally, the Plan contains general development and

implementation policies which are to be read in conjunction with the land use policies.

The Village consists of the following land use designations:

Village Core: The Village Core is centered at King Road and Highway 27, which is considered the

historic core of the community. The Community Plan permits a wide range of uses for this

designation, and provides for the appropriate intensification and infilling of the community, as

well as improvement of pedestrian amenities. Automobile uses are generally discouraged in this

designation.

Residential Area: Much of the community is designated Residential, including the stable

residential neighborhoods as well as the future and on-going development areas of the

community. The policies permit single detached and semi-detached dwellings, but allow for the

development of medium-density residential uses and small-scale non-residential uses subject to

policies. Schedule A recognizes three locations for potential Medium Density Residential

development.

Commercial: The commercial areas outside of the Village Core are designated Commercial.

Within these areas, permitted uses are focused on commercial uses including automobile uses,

as well as limited residential uses above the first floor.

Wetland/Natural Heritage: There are several natural heritage corridors which run through the

urban area of Nobleton. A wetland is also identified at the northern portion of the urban area.

Permitted uses within the Natural Heritage designation are limited to passive recreational uses

(e.g., trails), conservation uses, flood and drainage control as well as any existing uses. No land

disturbance is permitted within the Wetland designation, and studies must be conducted for

development adjacent to the wetland designation (i.e., within 120 m). The policies for these

designations are complemented by the policies for the natural environment, contained in

Section 4.1 of the Nobleton Community Plan. Further, Schedule C identifies the components of

the natural heritage system. It is noted that Schedule C identifies wooded areas which are not

designated Natural Heritage (generally designated Residential). The natural heritage “corridors”

identified earlier are denoted as valleylands, consisting of the Humber River valley, two main

tributaries and one small tributary.


Other designations are applied largely on a site-specific basis, such as Institutional uses and

parks.

Section 4 of the Plan includes general Development Policies, addressing natural heritage conservation,

urban design, infrastructure and servicing, transportation, heritage and phasing in greater detail. The

urban design policies specifically address the Village Core, new residential development, as well as other

aspects of the environment.

As noted, Section 5 addresses Plan implementation. Of relevance are the policies of Section 5.5, which

addresses Holding By-laws. The Plan outlines the application of holding by-laws, which may be used for

delaying development under the following circumstances (but not limited to these circumstances):

Where provision of sanitary sewers or a required expansion of the water supply has been

committed but is not yet available;

Where there is a requirement for specific transportation improvements; and/or

Where the restoration of a site subject to contamination is required before proceeding with

development.

Section 5.11 addresses non-conforming uses. The policies enable the Township to pass a By-law to

permit the extension or enlargement of legally non-conforming uses in accordance with the Planning

Act, subject to conditions which ensure that the enlargement does not exacerbate any issues.

Note that Section 4 of this Discussion Paper includes a conformity analysis based upon a review of the

Nobleton Community Plan and the current Zoning By-law.

2.6 Other Studies While the focus of the Zoning By-law Review will be on ensuring conformity with local, Regional and

Provincial policy, other studies may be indicative of zoning issues and opportunities that should be

considered.

The Nobleton Village Centre Design Guidelines (February 2006) provide detailed guidance

respecting both the private realm (massing, setbacks, architectural features, fences, signage,

etc.) and the public realm (streetscapes, gateways, etc.). Additionally, the document outlines a

strategy for key redevelopment sites in the community. The Guidelines are relevant to zoning as

they provide a basis for potential development standards in the core area. While the Guidelines

represent a high level of detail that may exceed the scope of the Zoning By-law, the Guidelines

respecting massing, height and character may be translated into zoning requirements.

The Employment Area Design Guidelines (December 2007) provide detailed guidance for the

development of employment lands. As with the Core Area guidelines, these guidelines may be

translated into zoning requirements to implement good design standards.

King Township’s Integrated Community Sustainability Plan was prepared to ensure that

decision-making is sustainable, by balancing economic, socio-cultural, environmental and

financial considerations. The Plan outlines a vision, values and priorities for creating a more

sustainable community. One of the priorities of the Plan is to strengthen the Township’s by-


laws to reinforce environmental protection and public health and safety. A potential action is to

implement the Zoning By-law. Many of the values and priorities identified in the Plan are very

relevant to zoning, such as the need for affordable housing, accessibility and natural heritage

protection.

The Community Improvement Plan for King City, Nobleton and Schomberg came into effect in

November of 2014, and outlines a strategy for revitalizing the core areas of the three

communities. Section 5.3 of the Plan identifies an amendment of the Zoning By-laws as being

critical to ensuring the appropriate development of the core areas of the three communities.

Section 2.3.4 of the Discussion Paper prepared prior to the Community Improvement Plan

specifically notes that the current zoning in the core may not be consistent with the established,

higher density main-street character of the core areas. The report also notes that since the

Zoning By-law currently utilizes the same zoning in all three communities, there is no sensitivity

towards community-specific character.

The King Township Economic Development Strategy outlines recommendations for guiding

sustainable and desirable economic development. The Strategy notes generally that King

Township’s land use policies and Zoning is outdated, and there is a need to review these

provisions to ensure investment readiness. The report noted that stakeholders who were

consulted on the land development process noted that navigating the process and amendments

is difficult and deters investment.

As noted, the Township is undertaking an Official Plan Review, which will be inclusive of a

housing and residential intensification study. The Township has also initiated a review of policies

and guidelines for drive-through facilities, which will also have direct implications on this

process.


3.0 Zoning By-law Review The outcome of this project, as noted, will be a new Zoning By-law for Nobleton’s Urban Area. The

agricultural areas surrounding Nobleton’s Urban Area and elsewhere in the Township will be considered

separately by the Township through a separate process. It will be important to review and consider the

existing zoning provisions for Nobleton to determine what provisions have been effective and what

provisions will need to be updated. Ultimately, while a new Zoning By-law is being prepared, the existing

Zoning By-law will serve as the basis for the new Zoning By-law, since it is desirable to maintaining as

many provisions as possible to avoid creating instances of legal non-complying structures and legal non-

conforming uses. While many changes to the Zoning By-law may be made, the provisions and definitions

of the Zoning By-law that are working should be maintained.

3.1 Overview of King Township Zoning By-laws The Township administers several Zoning By-laws which are relevant to the Zoning By-law Review,

including:

Zoning By-law 74-53 (OMB approved, May 31, 1976) applies to the Urban Area of Nobleton and

most of King Township. It is intended that By-law 74-53 will largely form the basis for the new

Zoning By-law.

By-law 2005-23 implements zoning for the Oak Ridges Moraine Conservation Plan. It applies

only to the northern portion of the urban area of Nobleton, where the Oak Ridges Moraine

Conservation Plan applies.

Various by-laws have been passed for recent developments in the northeast and southwest

portions of Nobleton, introducing the R1N zone.

A Draft new Comprehensive Zoning By-law for King Township was prepared in 2006 but was not

enacted. The document is considered to be a resource for definitions, general provisions and

other modifications that were previously considered by the Township.

3.2 Zoning By-law 74-53 Zoning By-law 74-53 applies to the Township of King, inclusive of the urban area of Nobleton. The By-law

consists of 28 sections:

Sections 1 and 2 address the title and defined area of the By-law.

Section 3 provides 155 definitions of terms to assist in the By-laws interpretation.

Section 4 outlines the zones and the index of zoning maps.

Section 5 provides interpretation provisions.

Section 6 outlines general provisions applicable to all zones, consisting of 59 subsections and

addressing a very wide range of matters. This includes provisions for specific uses, parking

requirements, and provisions that may only be applicable under certain circumstances.


Sections 7 through 27 outline the provisions for each of the Zone categories. Within each of

these sections, the By-law typically outlines permitted uses (as subsection 1), zone requirements

(as subsection 2), the application of Section 6 (subsection 3), and zone exceptions (subsection 4

onwards). Some of the zones contain special provisions respecting certain uses or lot/building

requirements.

Section 28 outlines provisions for the administration of the By-law.

The zoning for Nobleton is illustrated on Map 4 of the By-law and is shown on Figure 3.1.

R1: The majority of the urban area is zoned R1, the Residential Urban zone.

R1N: The newer residential areas are zoned one of seven exceptions to the R1N Zone, which was

introduced through a subsequent amendment to zoning By-law 74-53 (refer to Section 3.4). The

R1N zone permits single detached dwellings on a variety of lot sizes.

RU1: The rural lands and some portions of the urban area are zoned RU1. In particular, it

appears that a valleylands corridor is zoned RU1, between two R1 zoned areas.

T: The Transitional Zone is applied to undeveloped properties that appear to be anticipated for

future development.

O: The O zone is applied to specific parks facilities as well as some natural heritage features in

the older areas of the community.

I: Several properties throughout Nobleton are zoned I, representing the Institutional Zone.

C1: The Commercial General (C1) zone is applied to most of the properties in the Core Area of

the Village.

C2: The Commercial Highway (C2) zone applies to one property in the Core Area of the Village.

M1: Only two properties fronting on King Road are zoned M1 – Industrial Restricted.

EP: The EP zone is applied to natural heritage features that are to be conserved. The zone is

applied principally in the newer development areas in the southwest and northeast portions of

the urban area. These areas were zoned as part of associated development applications. The

interior, older areas of Nobleton are not subject to any EP zones.

There are a number of properties denoted as exceptions. Properties subject to an exception are

labeled with the implementing by-law number. The previous page references the location of the

exception’s text in the By-law.

It is noted that some of the zone categories are currently not applied to properties in Nobleton. In

particular, several of the industrial zones (M2 – M4) and the Airfield (A) zones are not used. However,

there may be a need to carry these zone categories (or their successors) forward to recognize that they

could be applied in the future.

3.3 Zoning By-law 2005-23 (Oak Ridges Moraine Conservation Plan Area) Only the very northern portion of Nobleton’s urban area is affected by Zoning By-law 2005-23, which is

considered an amendment and replacement to portions of Zoning By-law 74-53 (refer to Figure 3.1). The

amendment introduces some new definitions applicable only to the Oak Ridges Moraine Conservation

Area as well as some amended general provisions.


This small area is zoned RU1 and ORMFP. The Rural General (RU1) zone is not amended by By-law 2005-

23, so it applies the same as By-law 74-53. The Oak Ridges Moraine Feature Protection Zone (ORMFP) is

added as a new Section 28. Under this zone, limited uses are permitted, consisting of conservation

projects, single detached dwellings and ancillary residential uses.

3.4 Recent Developments Recent developments in the community have been implemented through site-specific Zoning By-laws.

These by-laws have implemented a new Zone category, R1N (R1 Nobleton) under a new Section 7E in

Zoning By-law 74-53. The base R1N zone does not have zone provisions, but is implemented under

seven exception zones which all provide for single detached dwellings. The two by-laws for recent

developments include:

By-law 2006-24 which introduces provisions for R1N-1 through to R1N-7.

By-law 2008-127 outlines exceptions for the zones noted above.

Application of recent Zoning By-law amendments which utilize the R1N zone are consolidated into

Figure 3.1.

3.5 Draft King Township Comprehensive Zoning By-law The Draft King Township Comprehensive Zoning By-law, prepared in 2006, is considered to be a resource

for this Zoning By-law Review. The basis for the new Zoning By-law for Nobleton’s Urban Area will be

Zoning By-law 74-53. The draft new by-law includes some updated definitions and general provisions

which may be valuable and could be incorporated into the new Zoning By-law.

The Draft Zoning By-law includes some changes to the structure and format of the By-law. The Zones are

collapsed into several categories. Permitted uses and zone provisions are outlined in a matrix format, as

is common in newer Zoning By-laws. The mapping is updated; however, site-specific references are

denoted by by-law number. In Nobleton, it is noted that the Environmental Protection (EP) zone has

been applied to the valleylands whereas in Zoning By-law 74-53 the EP zone was not applied.


Figure 3.1 | Nobleton Zoning (By-law 74-53, as amended, including Oak Ridges Moraine zoning and

recent amendments)

R1 – Residential Urban Zone R1N – Residential Urban – Nobleton Zone HR – Residential Hamlet Zone ER1 –Residential Estate Zone RR – Residential Rural Zone C1 – Commercial General Zone C2 – Commercial Highway Zone C3 – Commercial Local Zone

C4 – Commercial Shopping Centre Zone C5 – Commercial Marine Zone O – Open Space and Conservation Zone EP – Environmental Protection Zone M1 – Industrial Restricted Zone M2 – Industrial General Zone M3 – Industrial Extractive Zone

M4 – Industrial Storage Zone A – Airfield Zone I – Institutional Zone RU1 – Rural General Zone RU2 – Rural Intensive Zone RU3 – Rural Specialized Zone T – Transitional Zone

Note: This map is based on existing GIS data, which is subject to further refinement, and should not be relied upon

as an accurate depiction of existing zoning.


4.0 Community Plan Conformity The key exercise of this review involves determining whether the existing Zoning By-law conforms to the

policies of the Nobleton Community Plan (OPA 57), and identifying opportunities for implementing the

policies of the Nobleton Community Plan. This section discusses how the zoning relates to the land use

designation policies, and discusses how the Zoning By-law implements various zoning-related policies in

the Official Plan.

4.1 Conformity with Land Use Designations Figure 4.1 illustrates the current zoning overlaid onto the land use designations shown on the Nobleton

Land Use Plan (Schedule A to OPA 570). Generally speaking, most of the existing zoning categories are

related to the corresponding land use designation. Some land use designations consist of more than

one zone category, including both commercial and residential categories in the residential

neighbourhoods, for example. It is appropriate to have more than one zoning category in a land use

designation, particularly where a land use designation permits a variety of different land uses. Table 4.1

below summarizes the zone categories that are located in each land use designation, based on Figure

4.1.

Table 4.1 | Summary of Zoning within each Land Use Designation

Land Use Designation (Nobleton Community Plan, OPA 570)

Zone Categories Located in the Designation (generally in order of the most common to the least common zone category; includes only base zones, not exceptions) (By-law 74-53, as amended)

Core Area C1, C2, T, R1

Residential R1, R1N, T, O, C1, RU1, EP, I(H)

Natural Heritage R1, R1N, EP, I, O

Institutional I, O, R1

Business Area RU1

Commercial C4, T, C1

Park – Existing O, R1

Park – Future T

Highway Service Commercial M1, RU1, T, R1

There are some minor issues of alignment between the Community Plan’s land uses and the

corresponding zoning. However, where the alignment issues are minor (i.e., related to the parcel fabric),

changes to the mapping in the Zoning By-law or the Community Plan is not necessarily required. It is

important, rather, to ensure that the Zoning By-law’s mapping is aligned with the current parcel fabric,

natural heritage features and the location of public rights-of-way. Since the Zoning By-law is the legally


enforceable document, its boundaries need to be more exact and adjustments to the zone boundaries

made to match the Community Plan’s designations are not necessarily appropriate.

Table 4.2 compares the permitted uses outlined in each of the land uses of the Nobleton Community

Plan with the permitted uses in the corresponding zones. An identification of gaps and conflicts is

provided in the third column. The key gaps and conflicts through this review are discussed further in

Section 5.0.

Similarly, Table 4.3 compares other zoning-related provisions outlined in each land use designation with

the corresponding provisions of the Zoning By-law. The third column identifies key conflicts and gaps.

The key gaps and conflicts identified through this review are discussed further in Section 5.0.


Table 4.2 | Comparison of Land Use Designation Permitted Uses and Applicable Zoning Permitted

Uses

Land Use Designation (Nobleton Community Plan)

Zoning By-law (i.e., zones that relate to the designation)

Key Gaps/Conflicts

Village Core Area

Small-scale retail stores

Personal service shops

Banks and financial institutions

Restaurants

Business, professional and medical offices

Private clubs and institutions

Small inns and bed & breakfast establishments

Custom workshops and studios

Commercial schools

Residential apartments above ground floor commercial uses

Single detached dwellings

Institutional uses

Parks and parkettes NOTES

Institutional uses such as libraries, fire halls, and police stations may be permitted by rezoning

Small parks are permitted in this designation

It is intended that Zoning By-law will recognize existing residences

Conversion from residential use to commercial uses will require a rezoning (but is encouraged)

C1 Commercial General

Automobile service station

Banks or other financial establishments

Business or professional offices

Commercial schools

Custom Workshops

Dwelling unit in accordance with provisions of Section 6.14

Farm implement dealers

Hotels

Institutional uses

Medical or dental clinics

Motor vehicle sales areas

Parking lots, garages or structures


Private nursing homes

Public garages, mechanical

Printing shops

Restaurants and take-out restaurants

Retail stores

Service shops, light

Service shops, personal

Studios

Taxi and bus stations

Undertaking establishments

A wholesale establishment which conducts retail sales on the same premises

C2 Commercial Highway

A dwelling unit in accordance with Section 6.14

Animal hospitals

Antique shops

Automobile service stations including retailing of non-automobile goods as an accessory use

Automobile washing establishments

Automobile accessory stores

Banks

Gasoline bars

Garden and nursery sales and supply establishments

Farm implement sales and supply establishments

Hotels and motels

Parking lot

Public garages mechanical


Retail lumber and building supply sales establishments

Retail sales establishments for snowmobiles, tourist trailers and mobile homes and boats

Service shops, heavy

Taxi and bus station

Tourist information centre

Undertaking establishments T Transitional

Agricultural and forestry uses (but not specialized farm uses)

Community Plan discourages automotive uses and drive-thru establishments, yet the C1 zone permits automobile service stations, motor vehicle sales, farm implement dealers and public garages as-of-right and does not restrict drive-thrus.

Community Plan permits small inns and bed and breakfasts while C1 zone permits hotels

Community Plan indicates that some institutional uses will require a rezoning while the C1 zone permits institutional uses (which is not defined, although is interpreted to include the uses permitted in the Institutional zone)

Instances of zones other than C1 are indicative of potential opportunities for future commercial conversions (i.e., R1 zoned properties)

Zoning generally limits permission of residential dwellings to one dwelling per lot whereas the Community Plan envisages generally greater permissions for upper floor apartments




Key Gaps/Conflicts

Public or private parks (not tourist trailer camps)

Playgrounds

Golf courses

Public or private recreation

Sports fields R1 Residential Urban

Single family detached dwelling and permitted accessory uses

Home occupation

Senior Citizen Housing

Residential

Single and semi-detached dwellings

Home occupations

Other uses may be permitted subject to a rezoning:

-Medium density residential uses -Small-scale commercial uses -Public and privates schools -Churches and cemeteries -Libraries and other similar small-scale institutional uses -Parks and parkettes -Open space

NOTES

Conversion of existing houses for business, professional, or medical office purposes may be permitted on properties designated Residential – fronting or flanking on Hwy 27 or King Road (provided they maintain residential appearance and have adequate off-street parking)

Small retail stores and personal service shops may be developed within new residential areas provided that appropriate restrictions on range of uses, size of individual units and overall size are established in Zoning By-law

R1 Residential Urban

Single family detached dwelling

Home occupation

Senior Citizen Housing R1N Residential Urban Nobleton One

Single family detached dwelling (except R1N-5 and R1N-6)

Semi-detached dwelling (R1N-5 only)

Rowhouse Dwelling units (R1N-6 only)

Home occupation T Transitional



Playgrounds

Golf courses


Sports fields O Open Space and Conservation

Bird or animal sanctuary

Cemetery

Market gardens or general agricultural uses

Nurseries

Pavilions, band shells and museums

Public and private recreation centres and parks

Buildings and structures accessory to the foregoing including a refreshment booth or pavilion

Walking trails

Club houses

Parking lots incidental to open space uses

Lands owned by or under the control of a conservation authority established by or under The Conservation Authorities Act

An area for the protection of an environmental hazard

A conservation area primarily for the location of flood control, bank stabilization or erosion protection




Business or professional offices

Commercial schools

Custom Workshops

Dwelling unit in accordance with provisions of Section6.14 of By-law 82-111


Hotels

Institutional uses


It may be beneficial to recognize higher density residential zones as R2, R3, etc.

The R1 Residential Urban Zone permits both single detached dwellings and medium density residential uses (i.e., senior citizen housing) whereas the policies of the Community Plan require a rezoning for medium density residential uses.

The Open Space and Conservation zone is very permissive, and includes certain uses that could potentially be better incorporated into an Institutional Zone (e.g., cemeteries, market gardens and agricultural uses, museums, recreation centres, club houses). In addition, some of the uses in the zone are conflicting (e.g., environmental hazard protection and museum). The zone is titled broadly (open space and conservation).

Other zones can be used to implement the other permitted uses which are subject to a rezoning (e.g., parks, churches, libraries, small-scale commercial uses). The Commercial Local (C3) zone provides a limited range of commercial uses with a maximum size for retail sales areas, so it is generally appropriate for permitting limited small-scale commercial uses in the Residential designation.




Key Gaps/Conflicts






Printing shops


Retail stores



Studios




RU1 Rural General

Agricultural produce storage facilities

Animal hospitals, kennels, riding and/or boarding stables

Nurseries or commercial greenhouses

An agricultural or forestry use but not a specialized farm use, together with residential accommodation for the owner or resident staff

Accessory structures to the foregoing uses EP Environmental Protection


Buildings and structures required for flood control, bank stabilization or erosion protection

Wildlife, woodlot and forest management I(H) Institutional Holding

Armouries

Auditoriums or meeting halls

Cemeteries

Children’s homes

Churches

Colleges or universities

College or university residences

Eating establishments or parking lot incidental to an institutional use

Hospitals

Institutional uses

Libraries

Convalescent nursing homes or senior citizen housing

Day nurseries

Public or private schools

Public uses in accordance with provisions of Section 6.39 of By-law 74-53

Religious retreats or conference centres

Natural Heritage

Passive open space

Walking and biking trails

Conservation uses

Flood and drainage control facilities

Other uses which may be permitted: -Existing agricultural uses -Existing detached dwellings



Home occupation

Senior Citizen Housing R1N Residential Urban Nobleton One


Semi-detached dwelling

Rowhouse dwelling units

The Natural Heritage designation is not well implemented by the Zoning By-law, since most of the designation is zoned for urban uses. However, the appropriate zones exist to protect natural heritage features (i.e., EP zones). The EP Zone also permits existing uses to continue, as




Key Gaps/Conflicts

-Existing home occupations -Existing buildings, structures, and facilities -Public utility and transportation uses e.g. water towers and pumping stations (subject to Policy 3.9.5) -Storm water management facilities (subject to Policy 3.9.6) -Outdoor recreation uses (subject to Policy 3.9.7)

NOTES

Outdoor recreation uses, such as golf courses, shall only be permitted within this designation through a rezoning

Home occupation EP Environmental Protection


Buildings and structures required for flood control, bank stabilization or erosion protection

Wildlife, woodlot and forest management I Institutional

Armouries


Cemeteries

Children’s homes

Churches




Hospitals

Institutional uses

Libraries


Day nurseries


Public uses in accordance with provisions of Section 6.39

Religious retreats or conference centres O Open Space and Conservation


Cemetery


Nurseries




Walking trails

Club houses


Lands owned by or under the control of a conservation authority



provided for in the Natural Heritage designation policies. Consideration should be made to include existing valley lands in the EP zone, rather than the R1 zone.

Again, there is conflict within the uses permitted under the Open Space and Conversation Zone.

Institutional

Public and private schools

Churches and cemeteries

Libraries

Recreation centres and arenas

Health and social service facilities

Emergency service facilities

Daycare facilities

Parks and open space

I Institutional

Armouries


Cemeteries

Children’s homes

Churches




Hospitals

Institutional uses

Libraries

The Instructional zone is generally consistent with the Institutional designation.

It is noted there is overlap between the Institutional and Open Space and Conservation Zones (e.g., cemeteries) and that the Open Space and Conservation Zone is very permissive.




Key Gaps/Conflicts


Day nurseries


Public uses in accordance with provisions of Section 6.39

Religious retreats or conference centres O Open Space and Conservation


Cemetery


Nurseries



Walking trails


Club houses







Home occupation

Senior Citizen Housing erected under the Ontario Housing Corporation

Business Area

Light manufacturing uses within enclosed buildings

Warehousing and storage uses


Service shops

Business and professional offices

Sales outlets associated with manufacturing or warehousing uses (in accordance with Policy 3.6.3)


-Automobile service stations and gas bars (in accordance with Policy 3.6.4; Automobile service stations and gas bars will be permitted along Hwy 27 frontage and will be placed in a separate category in Zoning By-law)

RU1 Rural General




An agricultural or forestry use (not a specialized farm use) with residential accommodation for owner or resident staff

Uses, buildings or structures accessory to the foregoing uses

Lands designated Business Area are zoned RU1 and would require rezoning to an appropriate Industrial or Commercial zone to implement the policies of the Business Area designation. This would likely be an M1 zone, or a combination of M1 and a commercial zone to permit the limited automotive service stations commercial uses.

Commercial

Retail stores

Personal service shops

Banks and financial institutions

Restaurants

Business, professional and medical offices

C4 Commercial Shopping Centre

Banks

Business offices

Commercial schools

Institutional uses

Medical clinics

Private clubs

There are no significant gaps or conflicts between the Commercial designation and its principal implementing zone, the Commercial Shopping Centre (C4) zone.

The Transitional zone potentiall identifies permanent uses, e.g.,




Key Gaps/Conflicts



Commercial schools

Automobile service stations and gas bars


-Residential apartments above ground floor commercial uses -Other forms of residential uses in mixed use commercial-residential developments -Institutional uses -Parks and parkettes

NOTES

Institutional uses such as libraries, fire halls, and police stations may be permitted by rezoning

Small parks (such as Cherry Park) are permitted in this designation

Printing establishments

Restaurants

Retail stores


Service shops, personal T Transitional



Playgrounds

Golf courses


Sports fields C1 Commercial General



Business or professional offices Commercial schools

Custom Workshops

Dwelling unit in accordance with provisions of Section 6.14


Hotels

Institutional uses







Printing shops


Retail stores



Studios




public or private parks.

Parks

Active and passive open space

Walking and biking trails

Conservation uses


-Recreation centres and arenas -Health and social services facilities -Emergency service facilities -Daycare facilities

O Open Space and Conservation


Cemetery


Nurseries




Walking trails

Club houses




The Open Space and Conservation Zone is generally more permissive than the uses permitted in the Parks designation. However, the properties zoned Open Space and Conservation are generally used as parks and future application of the O zone would be subject to rezoning.




Key Gaps/Conflicts




Home occupation


Highway Service Commercial

Automobile service stations and gas bars

Automobile sales and service establishments

Farm implement sales and supply establishments


Service shops

Business and professional offices

M1 Industrial Restricted

Any manufacturing or industrial undertaking that is conducted and wholly contained within an enclosed building (i.e. not obnoxious, nor be detrimental in appearance)

Commercial use incidental to manufacturing including warehousing and storage

Any activity connected with the automotive trade other than an automotive scrap yard

Business and professional office

Private clubs

Service industries

Service shops, heavy RU1 Rural General




An agricultural or forestry use (not a specialized farm use) with residential accommodation for owner or resident staff

Uses, buildings or structures accessory to the foregoing uses T Transitional



Playgrounds

Golf courses


Sports fields R1 Residential Urban


Home occupation


A variety of different zones apply to the Highway Service Commercial designation, which likely reflects existing uses.


Table 4.3 | Comparison of Land Use Designation Policies and Applicable Zoning Provisions


Zoning By-law (i.e., zones that relate to the current designation)

Key Gaps/Conflicts

Village Core Area

New buildings should be low-rise, with a maximum height of 3 storeys

Boundaries of Village Core are intended to ensure area develops as a compact and identifiable focus

As expansion occurs, parking should be consolidated and relocated to side or rear of buildings

Street edge defined with appropriate landscaping and pedestrian sidewalks


Height max: 11.0 metres

Front yard min: 9.0 metres C2 Commercial Highway


Front yard min: 7.5 metres T Transitional


Front yard min: 15.0 metres R1 Residential Urban


Front yard min: 7.5 metres

Zoning’s height requirement of 11.0 metres is consistent with the 3 storeys set out in the Community Plan

Community Plan’s intent is to maintain compact and focus in Core Area. However, minimum setbacks of 15.0 to 7.5 metres are not consistent with the principles of compact development, creating a street edge and a pedestrian oriented environment.

Residential Existing Residential Areas

In order to maintain character of neighbourhood, zoning by-law will establish minimum lot frontages and lot areas which recognize the predominant existing lot sizes in each of the areas

Due to introduction of full municipal sewer/water services, the Community Plan indicates it is possible to divide existing lots into smaller lots – this is permitted provided that the scale of new development is compatible with character of area (zoning by-law provisions to this regard are set out in Policy 5.4.1 of this OP – which states: number of new lots being created shall be small (3 or fewer; and lot frontages, natural vegetation, building height, area, mass and setbacks need to be consistent with neighbouring lots).

New Residential Areas

Permitted gross residential density in new residential areas will generally be approximately 5 units/hectare (2 units per acre), except where noted, it can go up to 12 units/hectare (5 units/acre) are permitted

Lower densities within existing wooded areas

Medium Density Residential

Total number and type of units at each location will be determined through the block plan, subdivision plan and/or rezoning processes.

Includes various forms of low-rise development with a height not to exceed 3 storeys and a maximum density of 30 units/hectare (12 units per acre)

Forms include townhouses, maisonettes, fourplexes, and low-rise apartments


Lot Frontage minimum with municipal water supply: 24.0 metres

Lot Area minimum with municipal water supply: 1,400 sq. m.

Front yard min: 7.5 metres

Rear yard min: 7.5 metres

Lot coverage max: 30%

Height: 11.0 metres R1N Residential Urban Nobleton

Lot Frontage minimum varies from: 7.5 metres to 24.0 metres

Lot Area minimum with municipal water supply: 225 sq. m. to 1,400 sq. m

Front yard min: 4.5 metres to 7.5 metres

Rear yard min: N/A to 9.5 metres

Lot coverage max: 30%

Height: 9.0 metres to 11.0 metres

Minimum distance between dwellings: 3.0 metres

The Community Plan provides a need to establish minimum lot frontages and areas which recognize the predominant character of each area, but the zoning only applies the R1 zone to all of the existing, older developed urban residential areas.

The Community Plan enables the development of small scale commercial areas. The Commercial Local (C3) zone best implements these provisions, but provides for only up to 190 sq. m. of retail space.

The Residential zones do not implement density, but the R1N zones establish the maximum number of units permitted as part of the development application.

The Zoning By-law does not provide standards for maisonettes, fourplexes and low-rise apartments.

Home occupation provisions are included in the BY-law’s definition of home occupation.



Zoning By-law (i.e., zones that relate to the current designation)

Key Gaps/Conflicts

Home Occupations

Clearly secondary to residential use (maintained through appearance)

Cannot generate significant traffic NOTES

Floor area for small retail stores and personal service shops developed within new residential areas will not exceed 500 sq. m (5,380 sq. ft)

Natural Heritage

Use of land is subject to the Natural Environment policies of section 4.1.

R1 Residential Urban R1N Residential Urban Nobleton One EP Environmental Protection I Institutional O Open Space and Conservation

The EP Zone and O Zone generally implement the intent of the Natural Heritage designation; however, most of the lands designated Natural Heritage are not zoned accordingly.

Institutional Schools

School sites will be located with frontage on a continuous through street. A site area of approx. 2 hectares (5 acres) will be required

Churches

Churches are of scale appropriate to surrounding residential development

I Institutional

Lot area min: 1,900 sq. m

Lot frontage min: 30.0 m O Open Space and Conservation R1 Residential Urban

There are no significant gaps or conflicts between Institutional designation and Institutional zone provisions. While the zoning does not provide specific school site standards as envisaged by the Community Plan, it is more likely that these standards would be implemented through a rezoning and plan of subdivision where new school sites are proposed in conjunction with major developments.

Business Area Sales Outlets

Will contain restrictions with respect to amount of floor area (as a sales outlet will act as a secondary use to the main manufacturing or warehousing uses)

RU1 Rural General While lands currently designated Business Area are zoned RU1, it is anticipated they would likely be rezoned to MR1 or an appropriate commercial zone, as determined through a rezoning process.

Commercial

A low-rise building form will be encouraged, with a max of 3 storeys

C4 Commercial Shopping Centre

Height max: 11.0 metres T Transitional

Height max: 11.0 metres C1 Commercial General


The C4 zone generally implements the Commercial designation.

Park – Existing

No reference to building standards

O Open Space and Conservation R1 Residential Urban

The O Zone is generally consistent with the policies of the Parks designation.

Park – Future

No reference to building standards

T Transitional The O Zone is generally consistent with the policies of the Parks designation.

Highway Service Commercial

High standard of urban design is encouraged, recognizing the prominent location at the easterly entrance to the Community.

M1 Industrial Restricted

No outside storage

Parking is not permitted in front yard or side yard when such a yard abuts a public road or street

RU1 Rural General T Transitional R1 Residential Urban

The Zoning does not allow for outside storage or parking that abuts public roads, as such, meeting to some extent the requirements of basic urban design expectations.


Figure 4.1 | Comparison of Community Plan Land Use Designations (Schedule A, OPA 57) and Zoning

(By-law No. 74-53 as amended)

R1 – Residential Urban Zone

R1N – Residential Urban – Nobleton Zone

HR – Residential Hamlet Zone

ER1 –Residential Estate Zone

RR – Residential Rural Zone

C1 – Commercial General Zone

C2 – Commercial Highway Zone

C3 – Commercial Local Zone

C4 – Commercial Shopping Centre Zone

C5 – Commercial Marine Zone

O – Open Space and Conservation Zone

EP – Environmental Protection Zone

M1 – Industrial Restricted Zone

M2 – Industrial General Zone

M3 – Industrial Extractive Zone

M4 – Industrial Storage Zone

A – Airfield Zone

I – Institutional Zone

RU1 – Rural General Zone

RU2 – Rural Intensive Zone

RU3 – Rural Specialized Zone

T – Transitional Zone

Zone Symbols


4.2 Zoning Policies The Nobleton Community Plan recognizes the Zoning By-law as the principal tool for implementing the

Plan’s policies. Section 1.2 discusses how the Plan is to be read. It recognizes zoning as an important

implementation tool and discusses the relationship between broader policy and more specific zoning.

This is further stated in Section 5.1.

Generally speaking, the Nobleton Community Plan contains background and policy narrative and does

not frequently reference specific standards and numbers, so there are no observed major technical

conflicts between the Community Plan and the Zoning By-law. However, there are numerous

opportunities for the Zoning By-law to more effectively implement the policies of the Community Plan.

Following is a discussion of some of the policies that specifically discuss zoning, and the degree to which

the policies correlate with the existing Zoning By-law.

The Residential Area policies (Section 3.2) reference zoning specifically.

o The ‘other uses’ permitted in this designation (medium density residential, small-scale

commercial, institutional uses) are permitted by way of a rezoning and are to be placed

in a separate category in the Zoning By-law. The R1 zone permits only single detached

dwellings, home occupations and accessory uses.

o It is further intended that the character of the residential neighbourhoods be retained

through zoning provisions, including minimum lot frontages and lot areas which

recognize predominant existing lot sizes in each of the areas. In general, the By-law only

applies the R1 zone, which does not respond to the specific character of each

neighbourhood.

o It is intended that the Zoning By-law include height and setback requirements to ensure

that new development is compatible with the character of existing residential areas.

Since the By-law only establishes the R1 zone, any development compatibility issues

requiring special consideration (e.g., buffering of medium density residential uses next

to lower density residential uses) must be addressed through a site-specific zone.

o Finally, home occupations are to be subject to restrictions in the Zoning By-law to

ensure they are clearly secondary, there are no traffic issues and the residential

appearance is maintained. The definition of home occupation integrates provisions

which relate to these policies. Consideration should be made to move the regulations to

the General Provisions. Consideration may also be made to expand upon these

provisions in consideration of policies that develop as part of the Official Plan Review.

The Village Core policies (Section 3.3) include several policies that reference zoning by-law

implementation.

o It is intended that the Zoning By-law recognize existing residential uses. In the C1 zone,

which applies to most of the Village Core, a dwelling unit is permitted subject to the

provisions of 6.14 (dwelling units in non-residential zones).

o According to the Community Plan, the conversion of existing residential uses (i.e.,

residentially zoned properties) to commercial uses will require a rezoning.


o It is further intended that while existing automotive uses be recognized in the Zoning

By-law, they should be directed to other areas. Currently, automobile service stations

are a permitted use in the C1 zone, which applies to the core.

The Commercial policies (Section 3.4) note that ‘other permitted uses’ will require a rezoning

(residential apartments above ground-floor commercial uses, other residential uses as part of a

mixed use development, institutional uses and parks).

o As noted under the Residential area policies, Section 3.4.4 elaborates on the types of

commercial uses that may be permitted in other designations. The policies generally

limit the floor area to 500 square metres and the uses are limited to small retail stores

and personal service shops. The most related zone is the Commercial Local (C3) zone,

which permits retail stores not exceeding 190 square metres in sales area. There may be

a need to readjust the provisions to correspond with the Community Plan’s policies.

Currently the C3 zone is not applied to any properties in Nobleton.

The Business Area policies (Section 3.6) permit automobile uses only along the Highway 27

frontage and require that such uses be placed in a separate category in the Zoning By-law.

Currently, the uses designated Business Area are not zoned for any commercial uses (zoned

primarily Rural).

The Institutional policies (Section 3.7) note that institutional uses require a separate zoning

category and the establishment of new institutional uses will require a rezoning. The existing

Zoning By-law includes a specific Institutional zone which permits uses that are generally

consistent with the Institutional area designation.

The Parks policies (Section 3.8) note that ‘other permitted uses’ are subject to a rezoning

(recreation centres, arenas, health and social services facilities, emergency services, daycares).

The corresponding Open Space and Conservation (O) Zone permits a broad range of uses as-of-

right, including recreation centres, golf courses, bird or animal sanctuaries, cemeteries, market

gardens and general agricultural uses, nurseries, pavilions, club houses, conservation uses and

accessory parking lots and structures.

The Natural Heritage policies (Section 3.9) allow for the Zoning By-law to permit existing uses,

such as existing agricultural uses, detached dwellings, etc. Outdoor recreation uses are to be

permitted only through a rezoning. As previously noted, the Natural Heritage designation

corresponds with a variety of urban zones, but may be implemented through an Environmental

Protection (EP) Zone. The provisions of the EP zone specifically recognize legally existing uses

and buildings but are not permitted to be reconstructed or enlarged.

Within the general development policies for Residential Neighbourhoods (Section 4.2.3), it is

noted that maximum building coverages may be specified in the Zoning By-law for residential

neighbourhoods, to ensure that house sizes are in keeping with the size of lots. The policies also

generally discourage projecting garages, and permit the Zoning By-law to provide for alternative

garage placements, including garages to the side of the house or rear with access from a street

or lane. Consideration may also be made to providing provisions regarding garage projections

and garage setbacks which may be greater than the main wall setback.


Section 4.2.4 notes that building elements such as church steeples should be permitted to

exceed the height limitation specified in the Zoning By-law. Section 6.22 of the Zoning By-law

lists a variety of architectural and other features which are excepted from height provisions.


5.0 Key Issues and Opportunities This discussion paper is intended to provide a summary of the key changes that may be made to the

Zoning By-law. Based on the previous background review, review of the Zoning By-law and the Official

Plan conformity review, following is a preliminary identification of the key issues that will need to be

addressed through this project.

5.1 Existing Residential Area Zoning Most of the existing residential neighbourhoods are all zoned R1 and are subject to the same

development standards. However, there is considerable variation amongst the individual streets and

neighbourhoods (refer to Figures 5.1 – 5.3). There is generally a distinction between some of the older

residential subdivisions surrounding the core and the newer subdivisions at the outskirts.

The risk of using the same zoning across all neighbourhoods is that the redevelopment, expansion or

addition to an existing dwelling may result in a dwelling that is not in keeping with the character of the

street. The solution to this issue is that there may be a need to break down the R1 zone into several

different zones which reflect distinctive residential characters. Consideration should also be made to

correspond with and integrate the R1N zone and its seven exceptions, as there may be similarities in the

provisions between the new R1 zones and the R1N zones. It is noted that the R1 zone also permits

seniors’ housing, which may best be incorporated into a future medium density residential zone.

Figure 5.1 | Front Yard Setbacks for R1 Zoned Lots (note: estimated based on aerial photography)


Figure 5.2 | Lot Area for R1 Zoned Lots (note: based on GIS calculations)

Figure 5.3 | Lot Widths for R1 Zoned Lots (note: based on GIS calculations)

Note to first draft: Mapping data to illustrate servicing requested from Township.


5.2 Future Residential Area Zoning The Township has implemented the R1N zone and its exceptions for the purposes of providing for new

development applications. Currently, all of the Residential Zones focus on the permission of single

detached dwellings, except the R1N-5 and R1N-6 zones, which provide for the permission of semi-

detached dwellings and rowhouse dwellings. Moving forward, it may be beneficial to include template

zones for future development, to provide for a broader range of unit types and lot sizes. Template zones

provide the benefit of articulating the Township’s expectations with respect to development standards

prior to a development application being submitted. A template zone looks like any other zone, except

that it is not actually applied to any portion of the Township except through a rezoning process.

Template zones may be provided to:

Permit both single detached dwellings and semi-detached dwellings as permitted within the

Residential designation of the Community Plan;

Consider permission of higher-density uses, such as townhouses or low-rise apartments; and/or

Permit a mix of unit types within a single zone category.

5.3 Community Core Zoning As noted, the Village Core is zoned a mix of different zones, but is primarily zoned C1. Some of the

properties within this designation are zoned R1. In general, the C1 zone is generalized for commercial

uses, and is not suited to be the principal zone for a core area.

While the zone provides for a fairly broad range of commercial uses, there are limitations on

residential dwellings in this zone (limited to one per lot with a separate entrance). This likely is

intended to reflect the limitations of private servicing. However, where full municipal services

are available, residential permissions may be expanded. This would help intensify the village

core, which is a major policy issue in the York Region Official Plan, the Growth Plan and the

Provincial Policy Statement. Consideration may also be made to permit live-work units, as

identified in the Region’s Official Plan.

The lot and building requirements are not reflective of a pedestrian-oriented, mixed use

community core. In particular, the C1 zone requires a 9.0 metre front yard setback. The design

Guidelines for the Nobleton Village Core may be considered as a basis for setbacks, heights and

buffering requirements. However, there is a need to ensure that any incorporated guidelines do

not create overly rigid, restrictive zoning. Additionally, other measures may be considered to

encourage intensification, such as providing for minimum Floor Space Index (FSI) requirements.

According to the Community Plan’s policies, a rezoning is required to convert an existing

residential property to commercial uses within this designation. Many of the properties within

the Village Core designation are currently zoned R1 (see Figure 5.4 below). To facilitate

implementation of the Community Plan and assist in the transition of these properties, there are

several options available:

o Properties may be pre-zoned for future uses, provided the impacts of pre-zoning are

fully understood. To address any issues associated with pre-zoning (such as servicing


availability), the pre-zoned properties may be associated with a holding symbol to

outline the conditions under which development may be permitted.

o The properties may be zoned Transitional (T) to facilitate a rezoning in conformity with

the Community Plan.

Figure 5.4 | Community Core Zoning and Land Use Designations

5.4 Definitions The definitions section in the current Zoning By-law is fairly comprehensive. However, the following

changes may be considered:

In general, a technical review of the definitions will be required to ensure that the terms are

working well, are contemporary and are in conformity with the Community Plan and Provincial

policy. Some of the definitions make reference to outdated Provincial legislation which should

be reviewed and updated as appropriate (e.g., children’s home definition). Further, it may be

beneficial to reference recent legislation in existing definitions to provide consistency with

Provincial requirements.

In some cases, definitions make reference to regulations which may be better located in the

General Provisions (e.g., the Home Occupation definition).

All uses referenced in the by-law should be associated with a definition. In particular, if any uses

are added to the By-law to address Community Plan conformity or other matters, a definition

for each new use should be added.

An index of defined terms may assist readers in navigating the document.

Illustrations of technical definitions (e.g., lot line definitions, yard definitions) would assist in the

interpretation of the document.


5.5 General Provisions The general provisions outlined in the current Zoning By-law are also fairly comprehensive. However,

this Zoning By-law Review represents an opportunity to consider whether the provisions are

contemporary or whether minor technical updates are required. Additionally, consideration may be

made to incorporate new general provisions to address any gaps, including:

Minimum bicycle parking requirements, as contemplated in the York Region Official Plan;

Provisions for uses permitted in all zones (e.g., public uses);

New provisions for specific uses may be considered (e.g., automobile service stations) or existing

provisions may be expanded to integrate urban design guidelines into the Zoning By-law;

Provisions for small-scale green energy structures which are not regulated by the Province;

General provisions for legal non-conforming uses and legal non-complying buildings and

structures should be considered in conformity with the Planning Act (note that Section 6.15

currently applies to Existing Buildings); and

Other provisions and revisions should be considered as may be raised through further

consultation.

Consideration for updating parking requirements will also be considered. In addition to providing

parking requirements based on the use, consideration could also be made to reduce parking

requirements for uses located in the core, to recognize availability of on-street parking and the intent of

core uses to be attractive to pedestrians. While the York Region Official Plan indicates the potential of

providing parking based on time of day, such requirements may be too onerous for the Township to

administer. Parking requirements can also be considered in light of complementary uses, where two

uses could share parking at different times of the day (e.g., residential in the evenings and retail uses

during the day). Consultation with staff has also indicated the need to provide more detailed provisions

for parking areas, including the size of aisles based on the angle of parking and to reconsider the size of

parking stalls which is relatively large.

5.6 Secondary Suites and Affordable Housing Affordable housing is a major policy issue in King Township and in York Region. To advance policies for

affordable housing, consideration should be made to widen the types of uses permitted, as well as

consideration for secondary suites (as part of residential dwellings) and accessory dwellings (as part of

non-residential uses), as follows:

Consideration should be made to incorporate template residential zone standards to enable a

broader range of lot types and unit types to be developed (refer to Section 5.2).

Consideration could be made to permit secondary suites in association with single detached

dwellings and semi-detached dwellings in the R1 zone. Any such permissions should be

accompanied by detailed provisions to ensure that sufficient parking is provided and the

residential character of the lot is not intensified. Secondary suites may only be limited to lots

with full municipal services. It is noted that permitting secondary suites may also help the

Township achieve intensification targets.


The permission of dwelling units in the C1 Zone is fairly limited, allowing for one dwelling on a

lot with a separate access. This permission may be broadened to allow for multiple dwelling

units on a lot in the Village core as-of-right, subject to provisions.

The Zoning By-law permits accessory dwelling units in the C2 and C3 zones, but not the C4 Zone

(Shopping Centre Commercial).

Consideration could be made to permit an accessory dwelling unit in light industrial zones (e.g.,

M1), subject to provisions.

Consideration could be made to permit an accessory dwelling in association with an Institutional

use (e.g., places of worship).

5.7 Natural Heritage Systems and Hazards There are inconsistencies between the lands designated Natural Heritage in the Official Plan and

corresponding zoning. Many of the existing natural heritage areas are zoned R1 or RU1. There may be a

need to zone existing Natural Heritage areas as open space or Environmental Protection to advance the

Community Plan’s policies, as well as policies by York Region and the Provincial Policy Statement.

Alternatively, natural heritage features could be recognized as an overlay and associated with general

provisions. Recent developments at the northeast and southwest portions of the community have been

incorporating the Environmental Protection zone to recognize and protect natural heritage features.

Many recent Zoning By-laws are incorporating an overlay of the Conservation Authority’s regulated

area, to show where a permit from the Conservation Authority may be required. Further consultation

with the Toronto and Region Conservation Authority and York Region should be undertaken through this

study to identify the appropriate means of implementing natural heritage systems in the Zoning By-law.

Since the Zoning By-law is a legal tool, it is generally a good practice to ensure that only accurately

mapped natural heritage features and hazards be incorporated in the Zoning By-law. Some features may

require further study, as part of a development application, to be able to accurately map the features

and determine whether they should be protected in the Zoning By-law. Furthermore, it is noted that the

mapping of the regulated area and certain features may be updated and tweaked from time to time. It

may not be desirable to zone or map features which are subject to change, depending on the frequency

and extent of potential change.

5.8 Source Water Protection Plan Nobleton falls within the CTC Source Protection Region, which is subject to the Source Water Protection

Plan (August 2014). The CTC Source Protection Plan has not yet been approved, but submission to the

Minister of Environment and Climate Change is expected in the near future. It is intended that Official

Plans be amended within 5 years from the date the Source Protection Plan takes effect; Zoning By-laws

are to be amended within 3 years after approval of the Official Plan.

Since there are three wellheads in the Nobleton Urban Area, implementation of the Source Protection

Plan will be critical. The outcome of implementation may include restrictions on land uses which pose a

threat to source water quality (e.g., industrial uses). Further consultation with York Region will be

required to determine how the Source Protection Plan may be implemented into the Zoning By-law.


Initial consultation with the Conservation Authority indicates that the Region and others have developed

potential provisions which can be considered for implementation. Additionally, the changes made to the

Zoning By-law will need to correspond with the policy directions being established through the

Township’s Official Plan Review.

5.9 Format and Organizational Improvements Improvements to the Zoning By-law’s format and organization should be considered through this

project. This may include:

Incorporation of illustrations to assist in interpretation of provisions and definitions;

Adopting a matrix format for organizing permitted uses and zone provisions;

Consolidating some of the sections (e.g., Section 1.0 – Title, Section 2.0 – Defined Area);

Improvements to the document’s format, including fonts, white space and colour-coded

sections to assist in document wayfinding;

The application of exceptions may be modified to refer to a base zone and exception number

(e.g., R1-1) rather than referencing by-law numbers on the zone map; and

The use of colour zoning map(s) to improve their readability.

5.10 Legal Non-Conforming Uses and Non-Complying Structures Consideration may be made to give legal status to uses known to be legal non-conforming to the uses

permitted by the Zoning By-law and to structures known as legal non-complying to the provisions of the

Zoning By-law. For example, where a use or structure was legally established, but the zoning provisions

have changed over time, the use or structure may no longer be in conformity with the provisions of the

Zoning By-law (but is considered to be legal). Such a legal non-conforming use or legal non-complying

structure is limited in the way it may expand and may be required to obtain a zoning variance or

amendment. The key non-conformity and non-compliance issue in the urban area of Nobleton likely

relates to older structures in the core area. Some of the structures in the C1 zone in the core area will

not comply with the relatively large front yard of the C1 zone, for example. However, this legal non-

compliance issue may be addressed through improvements to the C1 zone provisions discussed

previously. Submissions made by the public to recognize legal non-conforming uses and legal non-

complying structures could also be considered on a case-by-case basis, provided it can be demonstrated

that the use or structure was indeed legally established.


6.0 Zoning By-law Framework 6.1 Structure of the Nobleton Zoning By-law Based upon the initial findings of this Discussion Paper, Table 5.1 below proposes a potential high-level

structure for the new Nobleton Zoning By-law.

Table 6.1 | Summary of Changes Recommended to the Zoning By-law

Proposed Section Nature of Anticipated Changes

1.0 Interpretation and Administration

This section will incorporate sections 1, 2, 5 and 28 from the existing By-law and may include modest improvements.

2.0 Definitions The definitions from the current Zoning By-law will be used as a basis for the new Zoning By-law. Modifications will be made, and some definitions may be deleted while others will be added.

3.0 General Provisions The general provisions will be based upon the existing general provisions, although modifications may be made and new provisions may be added while other provisions may be deleted.

4.0 Zones and Zoning Maps This section will outline the types of zone categories and introduce the zoning maps.

5.0 Permitted Uses It is proposed that the permitted uses for all zones may be incorporated into a single matrix which has the zones listed in each column and the permitted uses on the left. An X or other symbol is used to indicate where each use is permitted.

6.0 Zone Regulations It is proposed that the zone requirements and exception zones be incorporated into this section. This section may be subdivided into “Residential Zones”, “Commercial Zones”, “Employment Zones” and “Other Zones” as necessary to improve readability. The site specific exception zones would be incorporated into this section and associated with their corresponding zone. Alternatively, the site specific exception zones could be organized under a separate Section 7.0.

Schedule A The zone map(s) will be incorporated as Schedule A, which forms an operative part of the By-law.


6.2 Zone Categories Based upon the initial findings of this Discussion Paper, Table 6.2 below outlines the potential changes

to the existing zone categories.

Table 6.2 | Summary of Potential Changes to the Zone Categories

Existing Zone Potential Changes/Modifications

Residential Urban (R1) In general, the R1 zone may be carried forward with minimal changes. However, the R1 zone may be broken down into two or more zone categories to address the varied character of residential neighbourhoods in Nobleton. Furthermore, new residential zones should be proposed to provide development standards for other residential unit types, including semi-detached dwellings, townhouse dwellings and apartment dwellings.

Residential Urban Nobleton (R1N) It is anticipated that the R1N zone will be integrated into the new Zoning By-law as a series of base categories. It is proposed that the R1N-5 and R1-6 zones may form the basis for new “R2” and “R3” zones to address semi-detached dwellings and rowhouse dwellings, respectively.

Residential Hamlet (HR) The HR Zone is not required in the Nobleton Zoning By-law, which focuses on the urban area.

Residential Rural (RR) The RR Zone is not required in the Nobleton Zoning By-law, which focuses on the urban area.

Commercial General (C1) Significant modifications to the C1 zone are anticipated to be focused on ensuring the appropriate development of the core area. The C1 zone may instead be entitled the “Commercial Core” zone. There is one property outside the core that is zoned C1, however, this may be addressed as another zone type or as a Zone exception.

Commercial Highway (C2) Significant modifications are not anticipated for the C2 zone.

Commercial Local (C3) Minor modifications to the C3 zone may be required to bring it into conformity with the Nobleton Community Plan. It is envisaged that this zone will be applied to commercial properties in Residential designations, such as local shops, where limitations on floor area are required in conformity with the policies of the Community Plan.

Commercial Shopping Centre (C4) Significant modifications are not anticipated for the C4 zone, which currently applies to the newer plaza on Highway 27, north of the Village core.

Commercial Marine (C5) The C5 zone is generally not required in the Nobleton Zoning By-law.

Industrial Restricted (M1) The M1 zone will generally be carried forward into the Nobleton Zoning By-law. Minor modifications may be made to integrate


Existing Zone Potential Changes/Modifications

the Employment Area Design Guidelines. Alternatively, a new business park zone may be established to implement the Employment Area Design Guidelines.

Industrial General (M2) Although the M2, M3 and M4 zones are not applied in Nobleton, it may be beneficial to carry them forward for future potential use. It is not likely going to be necessary to include the Industrial Extract (M3) Zone in the new Nobleton Urban Area Zoning By-law, since the extractive use may only be proposed in rural areas.

Industrial Extractive (M3)

Industrial Storage (M4)

Airfield (A) The Airfield zone is not anticipated to be required in the Nobleton Zoning By-law.

Institutional (I) The I zone will be required in the By-law, and may incorporate minor modifications to bring the permitted uses and provisions into conformity with the Community Plan.

Rural General (RU1) The RU1 zone may be carried forward into the Nobleton Zoning By-law as it relates to undeveloped lands within the urban area. However, it may be possible to discontinue use of the RU1 zone in favour of the Transitional (T) Zone within the Urban Area.

Rural Intensive (RU2) It is not anticipated that the RU2 zone will be required in the Nobleton Zoning By-law since it addresses agricultural uses.

Rural Specialized (RU3) It is not anticipated that the RU2 zone will be required in the Nobleton Zoning By-law since it addresses agricultural uses.

Transitional (T) The T Zone may be carried forward into the Nobleton Zoning By-law to address lands that require a rezoning to permit development in accordance with the Nobleton Community Plan. However, if it is the intent to encourage uses to be developed, lands that are currently zoned T could be “pre-zoned” for future development. Alternatively, a Holding provision could apply where lands can be prezoned but are perhaps not yet ready for development (e.g., due to servicing constraints). Using a combination of pre-zoning and holding symbols, the T zone may not be necessary.

Open Space and Conservation (O) The O zone will be carried forward into the new Zoning By-law. The range of uses permitted in the Zone should be reconsidered (e.g., golf courses) to be in conformity with the applicable designation of the Community Plan. Some of the uses are perhaps better suited to be included only in the Institutional (I) Zone. Additionally, the Zone contains uses that contradict one another (i.e., recreational uses as well as conservation uses). Rather, the zone may be reevaluated to focus on open space (recreational uses) and not conservation, which can be addressed by applying the EP Zone.

Environmental Protection (EP) The EP zone will be carried forward, and its application could be expanded to include Natural Heritage designated areas. However, this will be subject to the availability of accurate mapping in consultation with the Conservation Authority.


7.0 Next Steps This Discussion Paper has been drafted initially based on a background review and initial consultation

with Township Staff. It is anticipated that this paper will be revised based upon written input received

from residents and stakeholders. Additional key issues and opportunities may be identified through

consultation. The directions and recommendations presented in this report will be refined through

consultation.

This paper will form the basis for preparing the Draft Zoning By-law. In addition, a Summary Report will

be prepared based on this paper, and presented in conjunction with the Draft Zoning By-law. The

Summary Report will be intended as a consultation tool to clearly describe the directions for the Draft

Zoning By-law. The content of the Summary Report will be drawn directly from this paper.

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