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S E C T I O N 34 - H ZONE
34.1
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 34 - HAZARD (H) ZONE
34.1
Subject to the General Provisions of Section 6 and all other applicable
requirements of this By-law, the provisions of this section shall apply in all "Hazard (H)
Zones" on Schedule "A".
34.2
PERMITTED USES
Agricultural uses except dwelling units, livestock operations or poultry operations
and medical marihuana grow and production facilities
Conservation and management of plant and wildlife.
Control structures to prevent flooding and/or erosion by water or wind.
Accessory buildings and structures associated with an existing use subject to
approval from the Niagara Peninsula Conservation Authority.
Uses permitted under the Niagara Parks Act, R.S.O. 1990 and amendments
thereto in any successor legislation, or for Niagara Parks Commission purposes,
only on lands under the jurisdiction of The Niagara Parks Commission
34.3 REGULATIONS
Minimum Lot Frontage
As existing or as created by consent
Minimum Lot Area
As existing or as created by consent
Maximum Lot Coverage
20 percent
Minimum Front Yard
10 metres
Minimum Side Yard
5 metres
Minimum Rear Yard
7.5m
34.4 REQUIREMENTS FOR CONTROL STRUCTURES
All Yards and Other Provisions
No municipal requirements except for
compliance with the regulations of the
appropriate
federal
and
provincial
government agencies
34.5 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES FOR
DWELLINGS
Maximum Lot Coverage
10 percent
Minimum Side Yard
1m
Minimum Rear Yard
1m
S E C T I O N 34 - H ZONE
34.2
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Maximum Building Height
i) 4.5 m
ii)
1 storey
34.6 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURE FOR
OTHER PERMITTED USES
Maximum Lot Coverage
20 percent
Minimum Front Yard
7.5 metres
Minimum Side Yard
5 metres
Minimum Rear Yard
7.5m
Maximum Building Height
i) 3 storeys
ii) 12m
EXCEPTIONS TO THE HAZARD (H) ZONE
H-19 (252-1990) Winger Road, east side, south of Eagle Street
Deleted by Amending By-law No. 38-2013.
H-105 (140-1993) Bowen Road, north side, east of Point Abino Road North
Deleted by Amending By-law No. 38-2013.
H-284 (129-1990) Abino Dunes Development (RELOCATED TO EP-284)
H-304(H) (15-2002) Point Abino Road South, south of Abino Dunes Road
These lands are zoned "Hazard Holding H(H)-304 Zone" and all of the provisions that
relate to lands zoned "Hazard H Zone" by this by-law shall apply to those lands zoned
"Hazard Holding H-304(H) Zone" on Schedule "A". Once the Holding has been
removed, after the Town has approved a Site Plan Agreement these lands shall comply
to all of the provisions that relate to lands zoned "Hazard (H) Zone" by that by-law
except:
(a)
notwithstanding the provisions of Subsection 6.18(d), the existing dwelling on this
property may be expanded through a one and one-half storey addition to the
building not exceeding 103 square metres in area,
(b)
notwithstanding the provisions of Subsection 6.5, the lands shall not be required
to have frontage on a public street, and;
(c)
notwithstanding the provisions of Subsection 5.151, the front lot line shall be the
lot line that divides the lot from the private road.
H-329 (229-04) Houck Crescent (SS) at Warwick Avenue (RELOCATED TO EP-329)
H-334 (58-05) Dominion Woods Subdivision, South of Dominion Road, East of
Prospect Point Road South (RELOCATED TO EP-334)
H-335 Zone (By-law 106-05) Black Creek Meadows Subdivision, northeast corner
of Baker Road and Netherby Road
S E C T I O N 34 - H ZONE
34.3
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
These lands are zoned Hazard H Zone, and all of the provisions of By-law 129-90 as
amended that relate to lands zoned Hazard H Zone by this by-law shall apply to those
lands zoned Hazard H-335 Zone on the attached Schedule A subject to the following
special provisions:
a)
Notwithstanding the list of permitted uses set out in Section 34.2 "Permitted Uses",
the lands shown as H-335 on Schedule A may only be used for:
Conservation and management of plant and wildlife; and
Control structures to prevent flooding and/or erosion by water or wind;
H-344 (164-05) 4777 Bowen Road and N/E Corner of Point Abino Road and Sherk
Road
(Relocated
to
EP-344)
H-354
(192-05)
1407
Bertie
Street
(Relocated
to
EP-354)
H-371(H) (226-05) ZOOZ THEME PARK, 2821 STEVENSVILLE ROAD
Deleted by Amending By-law No. 38-2013.
H-395 (124-08) 306 PROSPECT POINT ROAD
These lands are zoned Hazard H-395 Zone, and all of the provisions of By-law 129-90 as
amended that relate to lands zoned Hazard H Zone by this by-law shall apply to those
lands zoned Hazard H-395 Zone on the attached Schedule A subject to the following
special provisions:
a) Notwithstanding the requirements of Section 34.2 these lands may also be used
for a detached garage in conjunction with the existing non-conforming dwelling; and
b) Notwithstanding the requirements of Subsection 6.47 a detached garage shall be
located within the 1:100 year flood elevation as determined by the Niagara
Peninsula Conservation Authority.
H-400 (142-08) 2650 Sider Road (RELOCATED TO EP-400)
H-438 (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN ROAD
AND SUNSET DRIVE
Those lands are zoned Hazard H-438 Zone and all provision that relate to lands zoned
Hazard Zone by this By-law shall apply to hose lands zoned Hazard H-438, and subject to
the following additional provisions:
a) Notwithstanding the requirements of Subsection 34-2 - Permitted Uses, these
lands may also be used for the realignment of Miller Creek and associated
floodplains.
H-448 (58-11) Gateway Secondary Plan Area
S E C T I O N 34 - H ZONE
34.4
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
These lands are zoned "Hazard H-448 Zone" and all of the provisions that relate to
lands zoned "Hazard H Zone" by this by-law shall apply to those lands zoned "Hazard
H-448 Zone " on the attached Schedule A subject to the following special provisions:
a)
Notwithstanding the requirements of Subsection 34.2, the subject lands may also
be used for operations carried on by or on behalf of the Niagara Parks
Commission, including but not limited to open space, parkland, recreational uses,
and all accessory uses to such operations, subject to compliance with applicable
regulations of the Niagara Peninsula Conservation Authority.
H-449 (58-11) Gateway Secondary Plan Area
These lands are zoned "Hazard H-449 Zone" and all of the provisions that relate to
lands zoned "Hazard H Zone" by this by-law shall apply to those lands zoned "Hazard
H-449 Zone " on the attached Schedule A subject to the following special provisions:
a)
Notwithstanding the requirements of Subsection 34.2, the subject lands may also
be used for operations carried on by or on behalf of the Buffalo and Fort Erie
Public Bridge Authority and all accessory uses to such operations, subject to
compliance with applicable regulations of the Niagara Peninsula Conservation
Authority.
H-461 (122-11) 302 PROSPECT POINT ROAD
These lands are zoned Hazard H-461 Zone, and all of the provisions of By-law 129-90 as
amended that relate to lands zoned Hazard H Zone by this by-law shall apply to those
lands zoned Hazard H-461 Zone on the attached Schedule A subject to the following
special provisions:
a) Notwithstanding the requirements of Section 34.2 Permitted Uses these lands
may also be used for a detached garage in conjunction with the existing non
conforming dwelling; and
b) Notwithstanding the requirements of Subsection 6.47 Yard Setbacks for Lots
Abutting Lake Erie a detached garage shall be located within the 1:100 year flood
elevation as determined by the Niagara Peninsula Conservation Authority.