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S E C T I O N 37 - MS ZONE
37.1
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 37 - MOTORSPORTS SPEEDWAY (MS) ZONE
37.1 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
Motorsports Speedway (MS) Zones, as follows:
37.2 PERMITTED USES
Motorsports Speedway Complex
Motorsports Garages and Shops
Parking Garages
Motorsports Offices
Motorsports Emergency Command Centre
Driver Experience Facilities
Motorsports Museum
Accessory uses, buildings and structures
37.3 REGULATIONS
Minimum landscape/planting strip
15 metres wide strip abutting a
street.
4 metres wide strip abutting
any other zone.
Maximum height of Grandstand
30 metres
Minimum Seating Capacity
65,000
Maximum number of race Vehicles
permitted on the oval race course at
one time
43
Maximum number of race Vehicles
permitted on the road track at one time
40
Minimum Parking Requirements
On and Off-site parking on
lands owned or leased by the
owner/operator at the rate of 1
space for every 3 persons
seating
capacity
in
the
Grandstand.
Offsite
parking
must be located within Site
Specific Policy area identified
for the speedway complex.
Minimum height of noise control barrier
14 metres
Minimum Buffer Area setback from a
Provincially Significant Wetland
30 metre except abutting a
Right of Way or as determined
by
the
Niagara
Peninsula
Conservation Authority.
S E C T I O N 37 - MS ZONE
37.2
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Minimum Buffer Area setback from Non-
Provincially Significant Wetlands and
Significant Woodlands
15 metre except abutting a
Right of Way or as determined
by
the
Niagara
Peninsula
Conservation Authority
EXCEPTIONS TO THE MOTORSPORTS SPEEDWAY (MS) ZONE
MS-434 (H) (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN
ROAD AND SUNSET DRIVE
Those lands are zoned Motorsports Speedway Holding MS-434 (H) Zone and all of the
provisions that relate to lands zoned Motorsports Speedway (MS) Zone by this By-law
shall apply to those lands zoned Motorsports Speedway Holding MS-434 (H) Zone, and
subject to the following additional provisions:
a) Notwithstanding the prohibited use in Section 6.22 (a) (xv), the subject lands
shall be used as a track for the racing of motor vehicles or motorcycles or go-
carts or motorized snow vehicles.
b) Drag Racing is a prohibited use.
c) The Motorsports Speedway Complex shall be limited to 8 Automotive Race
Events per year. Events may last up to 3 days in duration.
d) Hours of operation of the Motorsports Speedway Complex shall be limited
from 9am to 6pm, however both the oval racecourse and the road race track
may operate after 6pm during the 8 Automotive Race Events per year.
e) All activities involving the use of motorized vehicles on any track areas, other
than the use of motorized vehicles in facilities maintenance, including the
operation of the Go-Kart track, warm up or practice racing, or other
motorsports, shall be prohibited on at least one date of every week.
f) 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 Town must
approve a licensing by-law to regulate the racing of motor vehicles in the
Town under s.s. 151 and 165 of the Municipal Act, 2001 and the owner shall
have acquired title to the following lands:
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
S E C T I O N 37 - MS ZONE
37.3
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
3. PIN 64238-0072 municipally known as 1640 Sunset Drive, Fort Erie, ON
In addition, prior to the removal of the holding provision the owner shall complete a
Detailed Servicing Review, Class Environmental Assessment, Detailed Storm Water
Management Plan, Traffic Management Plan, Air Quality Study, a Noise Attenuation
and Control Protocol, a Phase 1 Environmental Assessment, Amended Environmental
Impact Study, Odour Study, Agricultural Impact Study and approval of a Stage 2
Archaeological Assessment, all to the satisfaction of the appropriate approval agencies.
MS-435 (H) (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN
ROAD AND SUNSET DRIVE
Those lands are zoned Motorsports Speedway Holding MS-435 (H) Zone and all provision
that relate to lands zoned Motorsports Speedway (MS) Zone by this By-law shall apply to
those lands zoned Motorsports Speedway Holding MS-435 (H) Zone, and subject to the
following additional provisions:
a) These lands shall only be used for a Motorsports Speedway Centre of
Excellence.
b) The Motorsports Speedway Centre of Excellence shall be subject to the
following regulations:
i) Maximum Lot Coverage-70%;
ii) Maximum Building Height-21 metres;
iii) Minimum landscape/planting strip-10-metre-wide strip abutting a street and
4 metre wide strip abutting any other zone.
iv) 1 parking space shall be provided for every 30 square metres of gross floor
area;
v) 50% of the required parking must be located on the lands zoned MS-333(H).
vi) Minimum 30 metre Buffer Area setback from a Provincially Significant
Wetland except abutting a Right of Way or as determined by the Niagara
Peninsula Conservation Authority.
vii) Minimum 15 metre Buffer Area setback from Non- Provincially Significant
Wetlands and Significant Woodlands except abutting a Right of Way or as
determined by the Niagara Peninsula Conservation Authority
c) Pursuant to Section 36(1) of the Planning Act the "H" Holding Symbol shall be
removed upon the approval and execution of the Site Plan Agreement, pursuant
S E C T I O N 37 - MS ZONE
37.4
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
to Section 41 of the Planning Act, by the Town of Fort Erie for the subject lands
and upon a Building Permit being issued for the lands zoned MS-434 Zone and
the
owner
shall
have
acquired
title
to
the
following
lands:
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
MS-436 (H) (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN
ROAD AND SUNSET DRIVE
Those lands are zoned Motorsports Speedway Holding MS-436 (H) Zone and all
provisions that relate to lands zoned Motorsports Speedway (MS) Zone by this By-law
shall apply to those lands zoned Motorsports Speedway Holding MS-436 (H) Zone, and
subject to the following additional provisions:
a) These lands shall be used for Motorsports Speedway Innovation
Complex.
b) The Motorsports Speedway Innovation Complex shall only be subject to the
following regulations:
i)
Maximum Developable Lot Area- 4.0 hectares (9.88 acres);
ii)
Maximum Lot Coverage-60%;
iii)
Minimum landscape/planting strip-10-metre-wide strip abutting a
street and 4 metre wide strip abutting any other zone;
iv)
Parking Requirements: 1 parking space for every 100 square metres
of gross floor area.
v)
Minimum 30 metre Buffer Area setback from a Provincially Significant
Wetland except abutting a Right of Way or as determined by the
Niagara Peninsula Conservation Authority.
c) Pursuant to Section 36(1) of the Planning Act the "H" Holding Symbol shall be
removed upon the approval and execution of the Site Plan Agreement, pursuant
to Section 41 of the Planning Act, by the Town of Fort Erie for the subject lands
and upon substantial completion of the structure frame of the Grandstand
confirmed by the engineer engaged for general review and the owner shall have
acquired title to the following lands:
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
S E C T I O N 37 - MS ZONE
37.5
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
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
MS-437(H) (106-10) OMB ORDER PL100362, SOUTH WEST CORNER OF BOWEN
ROAD AND SUNSET DRIVE
Those lands are zoned Motorsports Speedway Holding MS-437 (H) Zone and all
provisions that relate to lands zoned Motorsports Speedway (MS) Zone by this
Bylaw shall apply to those lands zoned Motorsports Speedway Holding MS-437
(H) Zone, and subject to the following additional provisions:
a) Those uses permitted in Section 22-Highway Commercial (C3) Zone are
permitted in the Motorsports Speedway Holding MS-437(H) Zone;
a) These lands are subject to the following additional regulations:
i)
Maximum leasable commercial area- 7000 square metres.
ii)
Minimum landscape/planting strip-15-metre-wide strip abutting a
street and 4-metre-wide strip abutting any other zone;
iii)
Parking Requirements: 1 parking space for every 30 square metres
of gross floor area;
iv)
Minimum 15 metre Buffer Area setback from Non- Provincially
Significant Wetlands and Significant Woodlands except abutting a
Right of Way or as determined by the Niagara Peninsula
Conservation Authority
c) Pursuant to Section 36(1) of the Planning Act the "H" Holding Symbol shall be
removed upon the approval and execution of the Site Plan Agreement, pursuant
to Section 41 of the Planning Act, by the Town of Fort Erie for the subject lands
and upon substantial completion of the structure frame of the Grandstand
confirmed by the engineer engaged for general review and the owner shall have
acquired title to the following lands:
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
37.4 If the Holding provision for those lands zoned Motorsports Speedway Holding MS
434(H) Zone has not been removed on or before September 13, 2020, than By-law
No. 106-10 shall be of no force and effect.