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S E C T I O N 35A - EP ZONE
35A.1
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 35A - ENVIRONMENTAL PROTECTION (EP) ZONE
35A.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 to all
Environmental Protection (EP) Zones.
35A.2 PERMITTED USES
a)
Passive non-structural conservation and resource management uses
b)
Flood and erosion control works
c)
Minor additions, enlargements and reconstruction of existing uses in
compliance with the regulations of the Niagara Peninsula Conservation
Authority
35A.3 REGULATIONS
Minimum Lot Frontage, Area and Yard
Requirements
As existing
EXCEPTIONS TO THE ENVIRONMENTAL PROTECTION (EP) ZONE
EP-284 (129-1990) Abino Dunes Development, Point Abino (FORMERLY H-284)
That part of the land shown on Schedule "A" as "Environmental Protection EP-284
Zone" shall be subject to the following regulations:
a)
No buildings, structures, pools, tennis courts or other man-made appurtenances
shall be erected, constructed or placed on the said lands. Vegetation shall not be
removed from the said lands and the lands shall not be graded or altered in any
way whatsoever.
EP-329 (229-04) Houck Crescent (Ss) At Warwick Avenue (Formerly H-329)
These lands are zoned Environmental Protection EP-329, and all of the provisions of
By-law 129-90 as amended that relate to lands zoned Environmental Protection EP
Zone by this by-law shall apply to those lands zoned Environmental Protection EP-329
Zone on the attached Schedule A subject to the following special provisions:
a)
Notwithstanding the requirements of Subsection 35A.2 - Permitted Uses, the
subject lands shall only be used for the conservation of plant and wildlife.
EP-334 Zone (By-law 58-05) Dominion Woods Subdivision, south of Dominion
Road, east of Prospect Point Road South
These lands are zoned Environmental Protection (EP) Zone, and all of the provisions of
By-law 129-90 as amended that relate to lands zoned Environmental Protection (EP)
S E C T I O N 35A - EP ZONE
35A.2
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Zone by this by-law shall apply to those lands zoned Environmental Protection EP-334
Zone 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 EP-334 may only be used for:
- Conservation and management of plant and wildlife;
- Control structures to prevent flooding and/or erosion by water or wind; and
- Public Parks
EP-344 (164-05) 4777 Bowen Road and N/E Corner of Point Abino Road and Sherk
Road (FORMERLY H-344)
These lands are zoned Environmental Protection EP-344 Zone, and all of the provisions
of By-law 129-90 as amended that relate to lands zoned Environmental Protection EP
Zone by this by-law shall apply to these lands zoned Environmental Protection EP-344
Zone on the attached Schedule A subject to the following special provisions:
a)
Notwithstanding the list of permitted uses set out in Section 35A.2 "Permitted
Uses", the lands shown as EP-344 on Schedule A may be used for conservation
and management of plant and wildlife and a television transmitter facility and
associated equipment.
EP-354 (192-05) 1407 Bertie Street (FORMERLY H-354)
These lands are zoned Environmental Protection EP-354 Zone, and all of the provisions
of By-law 129-90 as amended that relate to lands zoned Environmental Protection H
Zone by this by-law shall apply to these lands zoned Environmental Protection EP-354
Zone on the attached Schedule A subject to the following special provisions:
a)
Notwithstanding subsection 35A.2 "Permitted Uses" the use of the lands zoned
Environmental Protection EP-354 Zone shall be limited to only "conservation and
management of plant and wildlife".
EP-356(H) (226-05) DEE MC PROPERTIES LTED. (BRUNO DAMMIZIO), 3425
NIAGARA RIVER PARKWAY (DELETED)
Repealed pursuant to the decisions of the Ontario Municipal Board, dated August 14,
2008 OMB File #PL050640
EP-400 (142-08) 2650 SIDER ROAD (FORMERLY H-400)
These lands are zoned Environmental Protection EP-400 Zone, and all of the provisions
of By-law 129-90 as amended that relate to lands zoned Environmental Protection EP
S E C T I O N 35A - EP ZONE
35A.3
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Zone by this by-law shall apply to those lands zoned Environmental Protection EP-400
Zone on the attached Schedule A subject to the following special provisions:
a)
Notwithstanding the requirements of Subsection 35A.2 -Permitted Uses, the
subject lands shall only be used for the conservation of plant and wildlife.
EP-430 (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN
ROAD AND SUNSET DRIVE
The lands are zoned Environmental Protection EP-430 Zone and all of the provisions
that relate to lands zoned Environmental EP Zone by this By-law shall apply to those
lands zoned Environmental Protection EP-430 Zone, which have been identified as
Provincially Significant Wetlands by Ministry of Natural Resources and Critical Fish
Habitat.
EP-431 (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN
ROAD
AND
SUNSET
DRIVE
These lands are zoned Environmental Protection EP-431 Zone and all of the provisions
that relate to lands zoned Environmental EP Zone by this By-law shall apply to those
lands zoned Environmental Protection EP-431 Zone, which have been identified as non-
Provincially Significant Wetlands and Significant Woodlands.
EP-432 (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN
ROAD AND SUNSET DRIVE
These lands are zoned Environmental Protection EP-432 Zone and all of the provisions
that relate to lands zoned Environmental EP Zone by this By-law shall apply to those
lands zoned Environmental Protection EP-432 Zone, which have been identified as 100
year
floodplain
lands
by
the
Niagara
Peninsula
Conservation
Authority.
EP-433(H) (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN
ROAD AND SUNSET DRIVE
These lands are zoned Environmental Protection Holding EP-433 (H) Zone and all of
the provisions that relate to lands zoned Environmental Protection EP Zone by thus By
law shall apply to those lands zoned Environmental Protection Holding EP-433 (H)
Zone, which have been identified as lands for ecological enhancement and restoration
of the natural environment and subject to the following additional provisions:
a)
Pursuant to Section 36(1) of the Planning Act the "H" Holding Symbol shall be
removed upon the approval and execution of a Site Plan Agreement, pursuant to
Section 41 of the Planning Act, by the Town of Fort Erie for the subject lands.
Prior to the removal of the Holding Provision the owner shall provide a detailed
restoration and enhancement plan to the Niagara Peninsula Conservation
Authority for approval and the owner shall have acquired title to the following
lands:
S E C T I O N 35A - EP ZONE
35A.4
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
1. PIN: 64239-0308 (LT) Pt. Lot 9 Con 6 Niagara River, Bertie Pts 1 & 2
59R13376;Fort Erie municipally known as 2154 Laur Road, ON
2. PIN 64238-0052 municipally known as 2242 Gilmore Road, Ridgeway, ON
3. PIN 64238-0072 municipally known as 1640 Sunset Drive, Fort Erie, ON
EP-460 (104-11) 2434 Dominion Road (FORMERLY OS-460)
These lands are zoned Environmental Protection EP-460 Zone, and all of the provisions
of By-law No. 129-90 as amended that relate to lands zoned Environmental Protection
EP Zone by this by-law shall apply to those lands zoned Environmental Protection EP-
460 Zone on Schedule A subject to the following special provisions:
a)
Notwithstanding the requirements of Subsection 35A.2- Permitted Uses, these
lands may only be used for the conservation and management of plant and
wildlife.
EP-576 (53-2017) Fort Erie Hills Subdivision
These lands are zoned "Environmental Protection (EP-576) Zone" (Part 3), and all of the
provisions of By-law No. 129-90 as amended that relate to lands zoned "Environmental
Protection (EP) Zone" by this by-law shall apply to those lands zoned "Environmental
Protection (EP-576) Zone" shown as Part 3 on the attached Appendix "1" and shall be
subject to the following provisions:
a)
Notwithstanding the list of Permitted Uses in Section 35A.2, the subject lands may
also be used for pedestrian trails.
EP-630 (42-2019) 0 Nigh Road (Part 3)
These lands are zoned Environmental Protection EP (EP-630) Zone (Part 3), and all of
the provisions of By-law 129-90 as amended that relate to lands zoned Environmental
Protection (EP) Zone by this by-law shall apply to those lands zoned Environmental
Protection EP-630 Zone shown as Part 3 on the attached Appendix "1" subject to the
following provisions:
a)
Notwithstanding the requirements of Subsection 35A.2 -Permitted Uses, the
subject lands shall only be used for the conservation of plant and wildlife.
EP-633 (44-2019) 615 Burleigh Road North (Part 3)
These lands are zoned Environmental Protection EP (EP-633) Zone (Part 3), and all of
the provisions of By-law 129-90 as amended that relate to lands zoned Environmental
Protection (EP) Zone by this by-law shall apply to those lands zoned Environmental
Protection EP-633 Zone shown as Part 3 on the attached Appendix "1" subject to the
following provisions:
S E C T I O N 35A - EP ZONE
35A.5
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
a)
Notwithstanding the requirements of Subsection 35A.2 -Permitted Uses, the
subject lands shall only be used for the conservation of plant and wildlife.