See the presentation slides from Watertight which were shown at the Public Meeting – Watertight Presentation.
Currently the operation of Watertight Plumbing and Heating at PID 283242 is a legal non-conforming use in the Agricultural Zone.
The Development Bylaw states
4.14 EXISTING NON-CONFORMING USES
1. Subject to the provisions of this bylaw, the use a parcel, a building or structure lawfully in existence on the effective date of this bylaw may continue to exist.
2. No structural alterations that would increase the exterior dimensions, except as required by statute or bylaw, shall be made to a building or structure while a non-conforming use is being continued.
3. A change of tenants or occupants of a parcel or building shall not be deemed to affect the use of the parcel or building for the purposes of this bylaw.
4. A non-conforming use of a parcel, building or structure shall not be permitted if it has been discontinued for a period of twelve (12) months consecutively and, in such event, the parcel, building or structure shall not thereafter be used except in conformity with this bylaw.
5. No intensification of use shall be made while a non-conforming use of the lot, building or structure is being continued.
6. No increase in the lot area or floor area occupied by the non-conforming use shall occur while a non-conforming use is being continued.
The owners of the property have applied to have their property rezoned from Agriculture (A1) to Commercial (C1).
8. AGRICULTURAL (A1) ZONE
8.1 GENERAL
Except as provided in this bylaw, all buildings and structures or parts thereof erected, placed or altered on any parcel in the A1 Zone shall conform to the provisions of Section 8.
8.2 PERMITTED USES
1. No building or part thereof and no lot with a lot area of 12,140 m2 (3 acre) or less shall be used for purposes other than.
i. Single detached dwelling
ii. Mini home
iii. Modular home
iv. Accessory building
v. Accessory apartment
vi. Private garage
vii. Tourist Establishment
viii. Duplex dwelling; and
ix. Craft studio
2. No building or part thereof and no lot with lot area greater than 3 acres shall be used for purposes other than those stated above for smaller lots, and the following:
i. Resource use including a barn, stable, other accessory building and residential use directly related to a farm
ii. Forestry use
iii. Resource commercial use
iv. Resource industrial use v. Wind turbine
9.3 REGULATIONS FOR PERMITTED USES
1. The following requirements shall apply to all development in the A1 Zone:
i. Lot area (minimum) 4,046 m2 (1 acre)
ii. Lot frontage (minimum) 53.3 m (175 ft.)
iii. Front yard setback (minimum) 15.3 m (50 ft.)
iv. Rear yard setback (minimum) 15.3 m (50 ft.)
v. Side yard setback (minimum) 4.6 m (15 ft.)
vi. Flankage yard setback (minimum) 15.3 m (50 ft.)
vii. Height of any building (maximum) 10.7 m (35 ft.) or 2.5 stories
viii. Lot coverage (maximum) 25%
2. All lots shall conform with the Minimum Lot Size Standards in the Province-Wide Minimum
Development Standards Regulations prescribed under the Planning Act, as may be amended
(See Appendix 5).
9. GENERAL COMMERCIAL ZONE (C1)
9.1 GENERAL
Except as provided in this bylaw, all buildings and structures or parts thereof erected, placed or altered on any parcel used in a C1 Zone shall conform to the provisions of Section 9.
9.2 PERMITTED USES
No building or part thereof and no lot shall be used for purposes other than:
1. Retail store
2. Business or professional office
3. Personal service shop
4. Funeral home
5. Resource commercial use
6. Accessory building
7. Public parking lot
8. Child care facility
9. Dwelling unit in a commercial building
10. Restaurant
11. Hotel or motel
9.3 REGULATIONS FOR PERMITTED USES
1. The following requirements shall apply to development in the C1 Zone:
i. Lot area (minimum) See Appendix 5
ii. Lot frontage (minimum) 53.3 m (175 ft.)
iii. Front yard setback (minimum) 15.3 m (50 ft.)
iv. Rear yard setback (minimum) 15.3 m (50 ft.)
v. Side yard setback (minimum) 4.6 m (15 ft.)
vi. Flankage yard setback (minimum) 15.3 m (50 ft.)
vii. Height of any building (maximum) 10.7 m (35 ft.) or 2.5 stories
viii. Lot coverage (maximum) 50%
2. All lots shall conform with the Minimum Lot Size Standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as may be amended (See Appendix 5).
9.4 DWELLINGS IN COMMERCIAL BUILDINGS
Where a dwelling unit is located in a building with a commercial use, the following minimum standards shall apply:
1. The dwelling unit shall not be above a restaurant, lounge, automobile service station, automobile shop, dry cleaning establishment or other commercial use storing hazardous materials;
2. A separate entrance shall serve the dwelling unit;
3. For each dwelling unit, landscaping having an area of 37 m2 (398 ft2) and one (1) additional parking space shall be provided;
4. Each dwelling unit shall meet the requirements of the provincial Fire Marshal’s Office; and
5. The floor area of the dwelling unit shall be a minimum of 37 m2 (398 ft2) and shall not exceed the floor area of the commercial use.
The typographical error referred to in the advertisement is currently being corrected as part of the Bylaw Amendment regarding outdoor storage (which was originally scheduled to occur at the same public meeting).
The entire Development Bylaw is available online.
Due to COVID-19, please pre-register with the Council Office for on-site or online access to the meeting by Friday, July 24 to admin@miltonvalepark.com or 902.368.3090.