This is the exact embedded text of the captured official document.
Snapshot 636b13d63d77 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
OFFICIAL PLAN FOR THE
TOWN OF MARATHON
MAY 2016
PREPARED BY:
TOWN OF MARATHON OFFICIAL PLAN
i
TABLE OF CONTENTS
SECTION 1 - INTRODUCTION ..................................................................................................................... 4
1.1
PREAMBLE ............................................................................................................................... 4
1.2
GOALS OF THE PLAN .............................................................................................................. 6
1.3
OBJECTIVES ............................................................................................................................. 7
1.4
PROVINCIAL POLICY CONTEXT ............................................................................................. 8
1.5
AMENDMENT AND REVIEW .................................................................................................... 9
1.6
OFFICIAL PLAN......................................................................................................................... 9
1.7
TITLE AND SCOPE ................................................................................................................... 9
1.8
PUBLIC WORKS........................................................................................................................ 9
1.9
ZONING BY-LAWS .................................................................................................................... 9
1.10
PRIVATE INTERESTS ............................................................................................................... 9
SECTION 2 - GENERAL PROVISIONS ...................................................................................................... 10
2.1
GENERAL ................................................................................................................................ 10
2.2
ZONING ................................................................................................................................... 10
2.3
SUBDIVISION OF LAND ......................................................................................................... 10
2.4
ACCESSORY USES, BUILDINGS AND STRUCTURES ......................................................... 12
2.5
HOME PROFESSIONS AND HOME OCCUPATIONS ............................................................ 12
2.6
GROUP HOMES ...................................................................................................................... 13
2.7
BED AND BREAKFAST ........................................................................................................... 14
2.8
MOBILE HOME PARKS ........................................................................................................... 14
2.9
CROWN LANDS ...................................................................................................................... 14
2.10
DRAINAGE .............................................................................................................................. 15
2.11
SHORELINE DEVELOPMENT AND LAKE CAPACITY ........................................................... 16
2.12
ARCHAEOLOGICAL AND CULTURAL HERITAGE RESOURCES ......................................... 17
2.13
LAND USE COMPATIBILITY ................................................................................................... 19
2.14
ENVIRONMENTAL PROTECTION .......................................................................................... 21
2.15
GROUNDWATER RESOURCES ............................................................................................. 25
2.16
WAYSIDE PITS AND QUARRIES ........................................................................................... 26
2.17
PORTABLE ASPHALT AND CONCRETE PLANTS ................................................................ 27
TOWN OF MARATHON OFFICIAL PLAN
ii
2.18
FORESTRY ............................................................................................................................. 28
2.19
AGGREGATE AND MINERAL RESOURCES ......................................................................... 29
2.20
ABANDONED MINE HAZARDS .............................................................................................. 30
2.21
CONTAMINATED SITES ......................................................................................................... 31
2.22
WASTE DISPOSAL SITES ...................................................................................................... 31
2.23
ENERGY EFFICIENCY AND SUSTAINABILITY ..................................................................... 32
2.24
AIR QUALITY AND CLIMATE CHANGE ................................................................................. 32
2.25
COMMUNICATION TOWERS ................................................................................................. 33
2.26
SECONDARY DWELLING UNITS ........................................................................................... 33
2.27
AFFORDABLE HOUSING ....................................................................................................... 33
2.28
GARDEN SUITES .................................................................................................................... 34
SECTION 3 - LAND USE POLICIES ........................................................................................................... 36
3.1
GENERAL ................................................................................................................................ 36
3.2
RURAL ..................................................................................................................................... 36
3.3
RESIDENTIAL ......................................................................................................................... 41
3.4
INSTITUTIONAL ...................................................................................................................... 43
3.5
COMMERCIAL ......................................................................................................................... 43
3.6
INDUSTRIAL ............................................................................................................................ 46
3.7
OPEN SPACE - RECREATION ............................................................................................... 49
3.8
NATURAL HAZARD ................................................................................................................. 51
SECTION 4 - COMMUNITY SERVICES AND FACILITIES ........................................................................ 54
4.1
GENERAL ................................................................................................................................ 54
4.2
ROADS .................................................................................................................................... 54
4.3
WATER SUPPLY ..................................................................................................................... 57
4.4
SEWAGE DISPOSAL .............................................................................................................. 58
4.5
NON-HAZARDOUS SOLID AND LIQUID WASTE DISPOSAL ................................................ 59
4.6
RECREATION AND OPEN SPACE ......................................................................................... 59
4.7
COMMUNITY FACILITIES AND SERVICES ........................................................................... 60
SECTION 5 - IMPLEMENTATION AND ADMINISTRATION ...................................................................... 61
5.1
THE TOWN'S ROLE IN IMPLEMENTATION ........................................................................... 61
5.2
PUBLIC PARTICIPATION ........................................................................................................ 61
TOWN OF MARATHON OFFICIAL PLAN
iii
5.3
STREAMLINING REVIEWS OF PLANNING APPLICATIONS ................................................. 61
5.4
OFFICIAL PLAN - AMENDMENTS AND REVIEW .................................................................. 62
5.5
ZONING BY-LAW .................................................................................................................... 62
5.6
NON-CONFORMING USES .................................................................................................... 63
5.7
FEES ........................................................................................................................................ 63
5.8
MINOR VARIANCE .................................................................................................................. 64
5.9
SITE PLAN CONTROL ............................................................................................................ 64
5.10
HOLDING PROVISIONS ......................................................................................................... 65
5.11
INTERIM CONTROL ................................................................................................................ 66
5.12
TEMPORARY USE BY-LAWS ................................................................................................. 66
5.13
IMPLEMENTING COMMUNITY IMPROVEMENT POLICIES .................................................. 66
5.14
PARKLAND DEDICATION ....................................................................................................... 67
5.15
PROPERTY MAINTENANCE AND OCCUPANCY STANDARD BY-LAW ............................... 67
5.16
AGENCY NAMES AND RESPONSIBILITIES AND LEGISLATION ......................................... 68
5.17
LAND USE BOUNDARIES ...................................................................................................... 68
5.18
REQUIREMENTS FOR PRE-CONSULTATION ...................................................................... 68
SCHEDULES
SCHEDULE "A"
LAND USE PLAN TOWN OF MARATHON .......................................................... 72
SCHEDULE "B"
URBAN SERVICE AREA ..................................................................................... 73
SCHEDULE "C"
RESOURCES AND CONSTRAINTS .................................................................... 74
SCHEDULE "D"
GROUNDWATER PROTECTION ........................................................................ 75
APPENDICES
APPENDIX A
DEFINITIONS ..................................................................................................... 77
APPENDIX B
CATEGORY "A","B"AND "C" INDUSTRIAL LAND USE THAT MAY POSE A RISK
OF CONTAMINATION OF THE GROUNDWATER AQUIFER OF THE MUNICIPAL
WATER SUPPY ................................................................................................... 81
APPENDIX C
BACKGROUND AND POLICY ISSUES/OPTIONS REPORT .............................. 83
TOWN OF MARATHON OFFICIAL PLAN
4
SECTION 1 - INTRODUCTION
1.1
PREAMBLE
The Town of Marathon is located in the District of Thunder Bay along the north shore of Lake Superior. The
setting and locale of the Town is very picturesque, having a rugged terrain with surrounding forested areas
and along the shoreline of Lake Superior there are several bays, coves, and islands that contribute to the
scenic qualities of the Town. Marathon is recognized by the Province for being located within the Ontario
Living Legacy Great Lakes Heritage Coast Signature Site.
Highway 17, north of the townsite of Marathon, traverses through the municipality in an east/west direction
and connects Marathon to the City of Thunder Bay approximately 300 km to the southwest, and the City of
Sault Ste. Marie approximately 400 km to the southeast. Highway 17 is part of the Trans Canada highway
system. The Canadian Pacific Railway also traverses through the municipality generally following the
shoreline of Lake Superior and travels through the townsite of Marathon.
The Town of Marathon is 265 square kilometres in area with the townsite of Marathon, as illustrated by
Schedule 'B,' is the administrative and urban development centre of the Town where the majority of the
residential, commercial, industrial and community services, facilities and uses are located. The Urban
Service Area of Marathon is serviced with municipal water and sanitary sewer services and is where the
majority of new growth will be directed.
The rural area of the Town is primarily undeveloped with limited areas of access. Development in the rural
area is generally located along the Highway 17 corridor and consists primarily of highway commercial
development catering to the travelling public, the airport north of the Highway and a number of recreational
uses. Certain types of development such as tourism development, waterfront development, seasonal
residential, and limited rural residential development may be considered appropriate forms of development in
the rural area provided such matters as servicing, access, and environmental impacts are appropriately
addressed. Mineral exploration and mining uses are also appropriate for the rural area subject to meeting
environmental standards and acceptable after use plans.
The Town is located in an area of the Province that has its development and economy based historically on
natural resources, specifically the forestry and mining industries. The establishment of a strong and
diversified economic base which offers a range of growth and development opportunities aimed at providing
economic stability, particularly to protect against the boom/bust economic impacts associated with the mining
industry and the restructuring that has occurred in the forestry industry, is of importance to the Council and
the residents of Marathon.
TOWN OF MARATHON OFFICIAL PLAN
5
Critical to providing growth and development opportunities is the need to establish a balance between the
various competing interests. For example, some of the areas that the Town wants to promote for growth are
waterfront development, tourism and recreational residential opportunities in the rural area of the Town. Yet
the majority of the undeveloped rural area of the Town may be considered as having potential for mineral
resources and should be protected for future mining activities. The Town feels that other opportunities for
development are warranted and should be considered in the rural undeveloped area of the Town at a scale
that would not obstruct or deter possible future mining activities. The ability to protect mineral resources is
possible with low intensity development.
Marathon has experienced first-hand the economic and social impacts mining activities can have on a
community and the local economy, and the cyclic nature of those impacts. From both an economic and social
perspective, there is a need to overcome the cyclic or boom/bust impact that mining has had on the
community. However, there is also a strong desire to maintain and support the mining industry and continue
to encourage mineral exploration activities.
Other economic opportunities that the Town is interested in developing in addition to waterfront and tourism
opportunities, green industries, mining activities and the existing forestry industry, involve the expansion of
value added forestry businesses, government and health services, education services, technology and
communications industries.
In addition, like many northern communities, Marathon has experienced a loss in population in the 15-35 year
old age groups. Many of these younger people are leaving Marathon in search of education and employment
opportunities in other communities such as the Cities of Thunder Bay and Sault Ste. Marie and other urban
centres in Ontario and Canada.
The planning framework in Ontario continues to be driven by a provincial policy led system, notably the 2005
Provincial Policy Statement, and the Northern Growth Plan.
The current population in the Town of Marathon is estimated at 3,500 persons. Recently, Marathon has
experienced a decline in population from a peak of 5,064 persons in 1991 to the current population of 3,353,
attributed primarily to declining economic opportunities during this period. However, it is anticipated that the
decline in population has levelled off and with the promotion of the Town as an area for economic
opportunities; sustained population is projected for the Town consistent with the overall growth projections for
the District of Thunder Bay. It is noted that the establishment of one or two successful business enterprises in
the Town has the potential to significantly affect the overall population. A successful business enterprise
could result in an increase in population over and above what is projected. The opposite would also impact on
population, the closure or decline of one or two businesses in the Town has the potential to adversely impact
on the population and may result in a declining population or negative population growth.
TOWN OF MARATHON OFFICIAL PLAN
6
The townsite of Marathon as identified on Schedule 'A' will continue to be the residential, commercial,
recreational and administrative centre for the Town and will be the focus and centre for new development,
particularly serviced development. In the rural area opportunities are available for waterfront development,
tourism development and seasonal and rural residential development compatible with the rural character of
the Town. Areas with scenic vistas in proximity to lakes and rivers are examples of locations in the rural area
of the Town that are appropriate for seasonal residential and tourism opportunities subject to servicing,
design, environmental and site specific considerations. The development of the Stillwater PGM mine site in
the northeast section of the municipality is a significant economic development opportunity for the Town.
Regular 5 year reviews of the Official Plan will be undertaken to determine if the population and growth
projections remain relevant and the policy guidelines and framework for development continues to reflect the
needs of the Town.
Decisions regarding land use planning matters will be guided by the policies contained in this Plan. Local
autonomy and empowerment in the decision making process regarding future development and land use
matters is desired by the Town.
1.2
GOALS OF THE PLAN
1.2.1
The goals and objectives of this Plan form the foundation of planning principles and provide direction
to manage change, guide future development and develop detailed policies and programs that
stimulate economic growth, protect the environment and public health, promote the use of natural
resources for the economic use and environmental benefits and reduce costs by restricting
development in areas where there is risk of health, safety or property damage. The goals reflect the
present and future needs and values of the Town and the residents of the Town.
1.2.2
The goals of this Official Plan are to:
(a)
protect and maintain the quality of life in the Town while at the same time provide opportunities
for growth and appropriate forms of development;
(b)
establish policies which manage and direct physical change and the effects on the social,
economic and natural environment, of the Town, over the next 20 years in support of a
sustainable community;
(c)
secure the health, safety, convenience and welfare of the residents of the Town of Marathon,
including accessibility for persons with disabilities by prohibiting development that causes
environmental, health and safety concerns;
(d)
ensure the Town's resources are rationally used and that both natural and cultural heritage
features are protected and conserved, while at the same time ensuring development
opportunities are not impeded or discouraged;
(e)
qualify the Town for various programs funded by senior levels of government;
(f)
provide policies that encourage the expansion and diversification of the local economic base in
order to be less reliant on the mineral resource and forestry industries;
TOWN OF MARATHON OFFICIAL PLAN
7
(g)
provide policies that guide development that is environmentally compatible, supports
sustainable development and minimizes land consumption;
(h)
inform the residents of the Town of Marathon of the policies that affect the development of
land;
(i)
provide a guiding framework for implementing by-laws and for decisions of local boards,
commissions, committees and other authorities; and
(j)
provide polices that are consistent with the Provincial Policy Statement and the Growth Plan
for Northern Ontario, and which support local conditions and circumstances.
1.3
OBJECTIVES
1.3.1
The Town is committed to actively seeking and encouraging new development that maintains the
quality of life, maintains or improves the health of existing businesses, and diversifies the economy.
1.3.2
The Town shall encourage patterns of development which facilitate the provision of local services
with minimal or no impact on local finances and provide for the efficient use of land, infrastructure,
and public service facilities. In particular, Council shall identify opportunities for and encourage
infilling in the Urban Service Area and provide for the building out of the existing Townsite.
1.3.3
The Town shall preserve and enhance, where possible, the environmental quality of the area,
including the diversity of natural features and the natural corridors between them, minimize impacts
of land uses on the natural environment, protect the integrity of ecosystems and provide for the
protection groundwater resources.
1.3.4
The Town shall encourage commercial and industrial opportunities that are compatible with the
natural environment, are economically feasible, and provide employment opportunities.
1.3.5
The Town shall have regard for the importance of natural resources including mineral resources,
forest resources, water resources, and fisheries and wildlife resources within the Town and
recognize their contribution to the economic and social well-being of its residents.
1.3.6
The Town shall support energy efficiency and improved air quality through, among other things:
(a)
land use and development patterns which promote compact form and design and orientation
which maximize the use of alternate or renewable energy, such as solar and wind energy, and
the mitigating effects of vegetation;
(b)
providing opportunities for energy generation and facilities to accommodate current and
projected needs and the use of renewable energy systems and alternative energy systems,
where feasible;
(c)
permitting alternate energy systems and renewable energy systems in all areas within the
Town in accordance with Provincial and Federal requirements, provided they are compatible
with surrounding uses and are subject to site specific zoning, if necessary.
TOWN OF MARATHON OFFICIAL PLAN
8
1.3.7
The Town shall encourage the creation of housing which is affordable, accessible, adequate and
appropriate to a full range of households in the Town and shall encourage that an adequate supply of
land is available to meet the housing needs of its residents including opportunities for redevelopment
and infill within the Urban Service Area.
1.3.8
With this Plan, the Town has achieved the goal of establishing a land use policy framework for the
future that addresses the needs of the Town of Marathon.
1.4
PROVINCIAL POLICY CONTEXT
The original Marathon Official Plan was adopted by Council in 2006 and approved by the Province of Ontario
in 2007. Over the past 5 years major changes have been made to the Planning Act and its Regulations in
addition, the Places to Grow - Growth Plan for Northern Ontario came into force on March 3, 2011. These
improvements and changes are all reflected in this updated Marathon Official Plan.
CONFORMITY WITH 2014 PROVINCIAL POLICY STATEMENT (PPS)
1.4.1
The PPS is issued under the authority of Section 3 of the Planning Act. It provides direction on
matters of provincial interest related to land use planning and development, and promotes the
provincial policy-led planning system.
The Marathon Official Plan has been prepared to meet the requirements of the PPS and to be
consistent with its policies.
CONFORMITY WITH PLACES TO GROW - THE GROWTH PLAN FOR NORTHERN ONTARIO
1.4.2
The 2011 Growth Plan for Northern Ontario provides a broad 25 year land use vision for the
communities in the north. The vision positions the northern economy to provide diverse
opportunities to work, live and participate in the new economy of the twenty first century. The guiding
principles of the Growth Plan are:
(a)
create a highly productive region, with a diverse, globally competitive economy that offers a
range of employment opportunities for all residents;
(b)
develop a highly educated and skilled workforce to support an evolving knowledge-based
economy and excellence in the trades;
(c)
partner with First Nation peoples to increase educational and employment opportunities;
(d)
deliver a complete network of transportation, energy, communications, social and learning
infrastructure, to support strong, vibrant communities;
(e)
demonstrate leadership in sustainable growth and environmental management; and
(f)
establish innovative partnerships to maximize resources and ensure the Growth Plan achieves
its ambitious vision and is fiscally sustainable.
TOWN OF MARATHON OFFICIAL PLAN
9
The policies of this Official Plan are consistent with the general vision provided in the Growth Plan for
Northern Ontario.
1.5
AMENDMENT AND REVIEW
1.5.1
This Official Plan is not a static document. Although it provides some degree of flexibility, the Plan's
provisions will be reviewed at 5 year intervals, pursuant to Section 26 of the Planning Act, to ensure
that the policies are relevant and appropriate, in light of changing conditions, and reflect a local
application of and consistency with the Provincial Policy Statement.
1.5.2
All official plan amendments are subject to the approval of the Minister of Municipal Affairs and
Housing until such time as official plan amendments are exempt from Provincial approval.
1.6
OFFICIAL PLAN
1.6.1
This document constitutes the Official Plan of the Town of Marathon and has been prepared in
accordance with the provisions of the Planning Act.
1.7
TITLE AND SCOPE
1.7.1
This Plan shall be known as the "Official Plan for the Town of Marathon" and applies to all lands
within the municipal boundary of the Town of Marathon.
1.8
PUBLIC WORKS
1.8.1
Any public works undertaken in the Town of Marathon shall conform to the policies of this Plan, in
accordance with Section 24 of the Planning Act and where required, shall be planned and
implemented in accordance to the applicable Class Environmental Assessment under the
Environmental Assessment Act.
1.9
ZONING BY-LAWS
1.9.1
All zoning by-laws passed after this Plan is in effect shall conform to the policies of this Plan.
1.10 PRIVATE INTERESTS
1.10.1 Private interests must adhere to the policies of this Plan. The use of private lands will also be
regulated in accordance with the Zoning By-laws pursuant to Section 34 of the Planning Act, and
other By-laws passed under other relevant Provincial statutes.
TOWN OF MARATHON OFFICIAL PLAN
10
SECTION 2 - GENERAL PROVISIONS
2.1
GENERAL
2.1.1
The following land use policies apply to all lands in the Town of Marathon unless specifically
mentioned for exclusion.
2.1.2
The designation of land for a particular use in this Plan only indicates that the land so designated may
be considered for the designated use, subject to the more detailed criteria of this Plan and other
legislation. There is no guarantee that any individual parcel may be used for any permitted use in a
particular designation.
2.2
ZONING
2.2.1
The policies of this Plan and all land use designations shall be implemented through a
comprehensive Zoning By-law. Any land use designation may have more than one zone category
that regulates and controls the permitted uses.
2.3
SUBDIVISION OF LAND
2.3.1
Subdivision of land by plan of subdivision shall be permitted provided that:
(a)
the plan is considered to serve the public interest and is in conformity with the policies of this
Plan;
(b)
the plan is not deemed premature, subject to, among other things, consideration of the number
of existing, vacant lots in the Urban Service Area;
(c)
the lands can be provided with adequate services and utilities subject to the following:
(i) in the Urban Service Area of the townsite of Marathon sufficient reserve capacity in the
water and sewage systems shall be available to service the subdivision;
(ii) in the area outside of the Urban Service Area, the applicant shall provide a report prepared
by a qualified consultant indicating that there is adequate water quality to meet the Ontario
Drinking Water Objectives and quantity available to service the subdivision. Private wells
within Groundwater Protection Zones I, II and III shall be restricted; and
(iii) in the area outside of the Urban Service Area, with plans of subdivisions consisting of
more than five (5) lots where the proposed lots are 1 hectare or less, and are privately
serviced by individual on-site sewage disposal systems, the applicant shall demonstrate
by a report prepared by a qualified consultant that; there will be no cross contamination of
water supplies between lots or adjacent lots, will assess the ability to treat sewage
effluent, assess the risk to groundwater resources from the sewage disposal systems,
and verify that there is adequate capacity to accommodate the disposal of hauled sewage
as per the D-5-4 Technical Guideline for Individual On-site Sewage Systems: Water
TOWN OF MARATHON OFFICIAL PLAN
11
Quality Impact Risk Assessment;
(d)
the development of land on partial services is discouraged except where it is necessary to
address failed services, or to allow infilling and rounding out of existing development provided
that site conditions are suitable for the long-term provision of such services with no negative
impacts;
(e)
the development is not likely to adversely affect the economy or financial position of the Town
if such subdivision is approved;
(f)
the development is directed away from hazard lands and development and site alteration is not
permitted within floodways of rivers and streams;
(g)
the development will not result in land use conflicts with surrounding land uses; and
(h)
three (3) or more lots are being created.
2.3.2
Consents shall only be granted that conform with the policies of this Plan and provided that:
(a)
consideration has been given to the number of existing, vacant lots in the Urban Service Area
and the retained and severed lot(s) can be adequately and safely serviced. In areas not
serviced by municipal sewage systems there must be adequate capacity to accommodate the
disposal of hauled sewage and the Health Unit or designated authority shall be consulted prior
to consent approval being given to obtain support for the consent proposal. In areas not
serviced by the municipal water supply, proof that the retained and severed lots can be
adequately and safely serviced by a private potable water supply shall be provided by the
applicant. Private wells within Groundwater Protection Zones I, II and III shall be restricted;
(b)
the soil and drainage conditions are adequate for the proposed use and permit the proper
siting of buildings and if required, the installation of private septic disposal systems;
(c)
the lands front onto a public road that is maintained year round by the Town or the Province
and is of an acceptable standard of construction. However if the proposed use of the lands is
for seasonal uses the lands may front on a road that is maintained seasonally by the Town or
have water access only;
(d)
where access is proposed from a provincial highway, the Ministry of Transportation shall be
consulted prior to consent approval being given to obtain input and support regarding access,
entrance permit and lot frontage requirements. For additional information with regards to
development along Provincial Highways see Section 4.2;
(e)
no traffic hazard is created by the consent and safe access/egress to the retained and severed
lot(s) is feasible;
(f)
the consent does not result in land use conflicts with existing nearby uses;
(g)
the lot size and configuration shall be suitable for the proposed use and, where possible, be
consistent with adjacent development;
(h)
adequate protection and preventative services for persons and property are available
including health, welfare, fire and police;
(i)
the consent does not result in land locked parcel(s) being created;
(j)
the proposed use can be safely located away from hazard lands and outside of floodways of
TOWN OF MARATHON OFFICIAL PLAN
12
rivers and streams;
(k)
a maximum of two (2) new residential lots can be created by consent from a lot of record that
existed as of July 11, 1988, exclusive of the retained part, provided all of the above matters
and other policies of this Plan can be suitably addressed.
2.3.3
The following may be considered as conditions of consent by the Town:
(a)
that the Zoning By-law be amended, if required;
(b)
that it is demonstrated that the severed and retained lots can be safely and adequately
serviced by private potable water supply and private sanitary sewage disposal system in areas
that are not serviced by the municipal water supply or sanitary sewage system;
(c)
that any necessary land for road widening, allowances or easements be dedicated to the Town
or the Province;
(d)
that the applicant improve road access, grading, drainage, etc. to a standard satisfactory to the
Town and/or the Province;
(e)
that warning clauses be registered on title on those lots created in the area known to have
Mineral Resource Potential, indicating the rights of mining operations to access and extract the
mineral resource over the rights of other land uses to prevent such activities from occurring;
and
(f)
any other condition reasonable to the granting of the consent.
2.3.4
Notwithstanding the policies of this section, consents may be granted for the following technical
purposes, provided that the retained and severed portions conform with the Zoning By-law:
(a)
boundary corrections or adjustments;
(b)
lot enlargements;
(c)
discharge of mortgage;
(d)
road widening and road allowances; and
(e)
easements.
2.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
2.4.1
Where a use is permitted in a land use designation, it is intended that uses, buildings or structures
normally incidental, accessory and essential to the use will also be permitted.
2.4.2
Accessory dwellings above boat houses are not a permitted accessory use in any land use
designation.
2.5
HOME PROFESSIONS AND HOME OCCUPATIONS
2.5.1
Home occupations and home professions shall be permitted in residential areas provided they are
not offensive or create a nuisance as a result of noise, hours of operation, odour, traffic generation or
other means and shall not detract from the principal residential use. Only those home occupations
and home professions that do not directly compete with existing commercial businesses found in the
TOWN OF MARATHON OFFICIAL PLAN
13
commercial areas shall be permitted in residential areas.
2.5.2
To provide for a period of time for a business to establish, home occupations and home professions
may be allowed to establish in residential areas. Once the home occupation or home profession has
established as a viable business, it shall relocate permanently to an appropriately zoned site.
2.5.3
The Zoning By-law shall contain regulations with respect to home professions and home
occupations. These regulations shall indicate, among other matters, the zones in which home
professions and home occupations are permitted, and the types of activities which shall be
considered as home professions and home occupations.
2.5.4
Generally, home occupations and home professions shall include occupations or professions which
are conducted entirely within a dwelling unit.
2.5.5
The home profession or home occupation shall be secondary to the main use of the property and not
generate adverse or incompatible effects with the surrounding area. The home profession or home
occupation shall relocate to an appropriately zoned site at such time when the home profession or
home occupation can no longer be considered secondary to the main residential use of the property.
2.5.6
Access approval from the Ministry of Transportation is required for those home professions or home
occupations that have access from a provincial highway as per the requirements of Section 4.2.
2.6
GROUP HOMES
2.6.1
The following types of Group Homes administered under Provincial legislation shall be permitted to
establish in any residential zone or residence:
(a)
approved homes;
(b)
homes for special care;
(c)
supportive housing programs, adult community mental health programs;
(d)
children's residences;
(e)
accommodation services for the developmentally disability;
(f)
satellite residences for seniors; and
(g)
homes for individuals who have physical disabilities, where the Province licenses, funds or
approves the home.
2.6.2
A Group Home is defined as a housekeeping unit in a residential dwelling in which residents live
under responsible supervision.
2.6.3
Only those group homes that can be supported by the existing level and range of community, social
and medical services available in the Town shall be permitted.
TOWN OF MARATHON OFFICIAL PLAN
14
2.6.4
All group homes shall be licensed or approved under provincial statute.
2.7
BED AND BREAKFAST
2.7.1
Bed and Breakfast establishments may be permitted in all areas where residential uses are permitted
subject to the following criteria:
(a)
a Bed and Breakfast establishment shall be located on an open road, maintained year round
by the Town or Province;
(b)
a Bed and Breakfast establishment shall have sufficient site area to accommodate on-site
recreation amenities, adequate on-site parking and provide adequate buffering for any
adjacent use;
(c)
a Bed and Breakfast establishment shall be located in a single-detached residential dwelling;
and
(d)
should external expansion be required to the dwelling to accommodate the proposed Bed and
Breakfast, the character of the surrounding residential area shall be maintained.
2.8
MOBILE HOME PARKS
2.8.1
Mobile home parks shall be permitted in the Residential land use designation subject to an
amendment to this Plan and the Zoning By-law and provided the development can be adequately
serviced with municipal water and sanitary sewage services.
2.8.2
The development of mobile home parks and any future expansion of a mobile home park shall be
subject to site plan control pursuant to the requirements of Section 41 of the Planning Act, and will
include, but not be limited to, the following considerations:
(a)
entrances and exits and road widenings;
(b)
on-site parking for residents and visitors;
(c)
on-site open space and recreational activity areas;
(d)
landscaping, fencing and buffering;
(e)
size, orientation and spatial separation of the mobile home sites;
(f)
emergency access;
(g)
on-site servicing including water and sewage works, grading and storm water management;
and
(h)
outside storage.
2.9
CROWN LANDS
2.9.1
The majority of the rural area of the Town is Crown lands. The Ministry of Natural Resources and
Forestry is responsible for the administration of Crown lands and waters. The Ministry of Natural
Resources and Forestry is encouraged to have regard for the policies and schedules of this Plan and
to consult with the Town with respect to the use and disposition of Crown lands within the
municipality. The Town shall also have regard for the policies of the Crown Land Use Policy Atlas
TOWN OF MARATHON OFFICIAL PLAN
15
where Town lands interface with Crown lands.
2.9.2
Authorization for occupation or use of Crown lands is required from the Ministry of Natural Resources
and Forestry.
2.9.3
The Town recognizes that resource management activities on Crown lands and waters are desirable
for environmental, social and economic reasons. Resource management activities shall be
conducted in accordance with the standards and guidelines established by the Province.
2.9.4
The release of Crown land for economic development opportunities, including seasonal residential
and tourism development is supported by the Town.
2.10 DRAINAGE
2.10.1 The management and removal of storm water is the responsibility of the property owner and must be
managed to the satisfaction of the Province and the Town in accordance with the Ontario Water
Resources Act, if applicable. In addition, the management and removal of storm water on properties
adjacent to provincial highways requires the approval of the Ministry of Transportation.
2.10.2 No development shall be permitted which would interfere with or reduce the drainage capacity or
flood water storage of any natural watercourse or where the watercourse represents a hazard to the
proposed development.
2.10.3 Storm water management shall be considered a part of the development approval process,
particularly for subdivisions, multiple residential development, commercial, industrial and institutional
development, and shall be used to ensure that the quality of runoff is maintained at pre-development
levels. Such storm water management practices shall be used to minimize storm water volumes and
contaminant loads, utilize best practices for storm water management in accordance with Ministry of
Environment and Climate Change guidelines, and to maintain or increase the extent of vegetative
and pervious surfaces so as not to impact on groundwater resources used for domestic water
supplies. A storm water drainage report or other water quality assessment which demonstrates that
the function and quality of existing watercourses and the quantity and quality of groundwater
resources is not adversely impacted may be required prior to approving development which impacts
on these resources. Where adverse impacts are anticipated, mitigative measures during and after
construction to control sedimentation, erosion and flooding will be required. The direct discharge of
storm water to water bodies should be avoided where possible.
2.10.4 The management and removal of storm water on properties in proximity to the municipal wells shall
provide adequate protection of the municipal water supply from the adverse impacts of storm water
and be directed away from the municipal wells.
TOWN OF MARATHON OFFICIAL PLAN
16
2.10.5 Any development which involves the channelization, diversion, damming, walling and dredging of a
natural watercourse, or the installation of a culvert, causeway or dock in a natural watercourse, is
subject to the approval of the Province in accordance with the provisions of the Lakes and Rivers
Improvement Act and/or the Public Lands Act and the Ontario Water Resources Act. Where required
under the Fisheries Act, prior authorization from of Fisheries and Oceans Canada must also be
obtained.
2.11 SHORELINE DEVELOPMENT AND LAKE CAPACITY
2.11.1 Any development or redevelopment which intensifies usage within 300 metres of a waterbody is
deemed to have an impact on the waterbody. Therefore, development or redevelopment proposed
within 300 metres of a waterbody will require consideration of the impact of development on the
ability of the waterbody to sustain additional development.
2.11.2 Where significant development or redevelopment is contemplated within 300 metres of a lake, a
Lakeshore Capacity Assessment, prepared in accordance with MOECC's Lake Capacity
Assessment Handbook shall be completed prior to consideration of planning approvals. Planning
approvals or the creation of lots/units within 300 metres of the shoreline may be considered only
where the results of the Lakeshore Capacity Assessment have confirmed that there is sufficient
development capacity remaining to support the completed development.
2.11.3 Where a Lakeshore Capacity Assessment is not required, development of existing lots may be
permitted subject to the following policies:
(a)
the sewage disposal system is set back a minimum of 30 metres from the shoreline; and
(b)
a natural shoreline vegetation buffer is established within 20 metres of all watercourses and
water bodies wherever possible, but allowing for the removal of hazardous trees and creation
of a 3-metre wide pathway to the shoreline.
2.11.4 The municipality will promote the use of Best Management Practices to minimize the impacts of
development on water quality. Best Management Practices shall include measures such as large lot
sizes and increased frontage requirements; enhanced setbacks for buildings, structures and septic
systems; protection of lakeshore vegetated buffers; avoidance of steeply graded lots; restrictions on
the amount of impervious surfaces such as parking areas and patios; the use of lot-level stormwater
management practices such as infiltration from roof leaders to reduce runoff; limitations on the use of
fertilizers; and the use of erosion control measures during site development and construction.
2.11.5 Where development would result in a significant increase in stormwater runoff, the Town shall
require the proponent to complete stormwater management works that will ensure that off-site
surface water quality and quantity is not adversely impacted by the development. Direct outfalls to
surface waters should be avoided and wherever possible developments shall utilize infiltration as a
method for stormwater management.
TOWN OF MARATHON OFFICIAL PLAN
17
2.12 ARCHAEOLOGICAL AND CULTURAL HERITAGE RESOURCES
2.12.1 All new development permitted by the land-use policies and designations of this Plan, including
aggregate extraction and wayside pits and quarries, shall have regard for archaeological and cultural
heritage resources including those that are of interest to Aboriginal communities and shall, wherever
possible; incorporate these resources into any new development plans. In addition, all new
development will be planned in a manner that preserves and enhances the context in which cultural
heritage resources are situated. Cultural heritage resources include, but are not restricted to,
archaeological sites, cemeteries and burials, buildings and structural remains of historical and
architectural value, and human-made rural, village, and districts or cultural landscapes of historic
interest.
2.12.2 The Ontario Heritage Act and its provisions will be utilized to conserve, protect and enhance the
heritage of the Town through the designation by by-law of individual properties, conservation districts
and/or landscapes. A Municipal Heritage Committee may also be established pursuant to Act to
advise and assist Council on conservation matters related to heritage resources.
2.12.3 Council shall maintain a cultural heritage register for land use planning purposes, resulting in
inventories of, heritage buildings, heritage districts and/or cultural heritage landscapes and other
properties of cultural heritage value or interest located within the Town.
2.12.4 Council recognizes that archaeological potential will be determined for individual development
applications and building permits through the use of established provincial screening criteria, or
qualified mapping developed based on the known archaeological record within the Town.
Archaeological potential criteria include features such as proximity to water, current or ancient
shorelines, rolling topography, unusual landforms, and any locally known significant heritage areas
such as portage routes or other places of past human settlement.
2.12.5 Council will regularly update municipal archaeological resource mapping under the provisions of a
municipal-provincial data sharing agreement, as new archaeological sites are identified from land
development and on the Provincial archaeological sites database.
2.12.6 Council with the advice of the Ministry of Tourism, Culture, and Sports may undertake the
preparation of an Archaeological Management Plan. The Plan will identify and map known
archaeological sites registered with the Provincial Archaeological Sites Database, as well as areas
within the municipality having archaeological potential. The Management Plan may also outline
policies, programs and strategies to protect significant archaeological sites.
2.12.7 The Town shall require archaeological assessment by archaeologists licensed under the Ontario
Heritage Act, in areas where there are known archaeological heritage resources and/or areas
exhibiting archaeological potential within the municipal boundaries of the Town of Marathon.
TOWN OF MARATHON OFFICIAL PLAN
18
Alterations to known archaeological sites must only be performed by licensed archaeologists, in
accordance with the provisions of the Ontario Heritage Act. Any significant archaeological resource
or site identified may be preserved on site, to ensure that the integrity of the resource is maintained,
and/or it may be systematically removed through excavation by a licensed archaeologist. The
integrity of archaeological resources can be maintained by adopting archaeological zoning by-laws
under section 34 of the Planning Act or other similar provisions, to prohibit any land use activities or
the erection of buildings or structures on land which is a site of a significant archaeological resource.
2.12.8 The Town shall ensure adequate archaeological assessment and consult appropriate government
agencies, including the Ministry of Tourism, Culture and Sport and the Ministry of Government
Services, Cemeteries Regulation Unit, when an identified historic human cemetery, marked or
unmarked human burial is affected by land use development. The provisions under the Ontario
Heritage Act and the Cemeteries Act shall apply.
2.12.9 Council shall have regard for the conservation of all significant cultural heritage resources during the
undertaking of municipal public works or environmental assessment projects. When necessary,
satisfactory measures and /or heritage impact will be required to mitigate any adverse impact to
significant resources as outlined by the heritage conservation policies contained within this plan.
2.12.10 Council shall encourage local utility companies to place equipment and devices in locations which do
not detract from the visual character of cultural heritage resources and which do not have a negative
impact on the architectural integrity of those resources. Council shall seek the acquisition of
easements on properties with heritage significance in order to assure the preservation of these
properties in perpetuity.
2.12.11 Council shall ensure that each municipally-owned heritage resource which is sold, leased or
transferred to another owner or lessee is subject to a heritage easement agreement which will
guarantee its preservation, maintenance, and use in a manner which respects its heritage restoration
agreement, which shall require that certain restoration works be carried out by the new owner or
lessee to a standard acceptable to the Municipal Heritage Committee or other accepted heritage
property standard. Council shall ensure that secondary planning studies identify cultural heritage
resources, which may exist in the area under study and propose means to protect and enhance any
significant heritage resources.
2.12.12 Council recognises that, within the boundaries of the Town, especially along the Lake Superior
shoreline, there may be marine archaeological remains from the pre-historic period through the
modern era up to the last 50 years. The approval authority shall require a marine archaeological
survey to be conducted by a licensed marine archaeologist pursuant to the Ontario Heritage Act if
partially or fully submerged marine features of cultural heritage value are identified and impacted by
shoreline and waterfront developments.
TOWN OF MARATHON OFFICIAL PLAN
19
2.12.13 Any marine archaeological resource that is identified must be reported to the Ministry of Tourism,
Culture and Sport immediately. The Ministry shall determine whether the resource shall be left in situ
or may be removed, through excavation, by licensed marine archaeologists under the direction of the
Ministry of Tourism, Culture and Sport.
2.12.14 Council may encourage cultural heritage mapping to identify important cultural assets in the
community and document the local history of the Town.
2.12.15 It is the intent of the Plan that the Town will consider the interests of Aboriginal communities in
conserving cultural heritage and archaeological resources.
2.13 LAND USE COMPATIBILITY
2.13.1 As much as possible land use conflicts should be avoided. The encroachment of sensitive land uses
and industrial uses on one another is discouraged. Buffering and separation distances in accordance
with the Ministry of the Environment and Climate Change "D" Series or other applicable guidelines
shall be incorporated between sensitive and industrial uses, to minimize potential adverse effects,
such as noise, odour, vibration, particulate and other contaminants.
2.13.2 In all land use designations where noise and vibration, may be a concern with respect to railways,
provincial highways, sewage treatment facilities, landfills, and any wind-based electric power
generation, the following considerations will apply, in conjunction with or complementary to other
separation-related policies in this Official Plan:
(a)
new development along a railway right-of-way:
(i)
the Town acknowledges the importance of rail infrastructure and recognizes its critical
role in long-term economic growth and the efficient and effective movement of goods.
Council shall encourage the use of rail for the transport of goods and ensure the
continued viability and ultimate capacity of the rail facilities is protected and shall identify
and support strategic infrastructure improvements such as targeted grade separations;
(ii) all proposed new development within 300 metres of a railway right-of-way may be
required to undertake noise studies, to the satisfaction of the Town in consultation with
the railway, and shall undertake appropriate measures to mitigate any adverse effects
from noise that are identified;
(iii) all proposed new development within 75 metres of a railway right-of-way may be required
to undertake vibration studies, to the satisfaction of the Town in consultation with the
railway, and shall undertake appropriate measures to mitigate any adverse effects from
vibration that are identified;
(iv) all proposed new development adjacent to the rail line shall ensure that appropriate
safety measures such as setbacks, berms and security fencing are provided, to the
satisfaction of the Town in consultation with the railway;
TOWN OF MARATHON OFFICIAL PLAN
20
(v) implementation and maintenance of any required rail noise, vibration and safety impact
mitigation measures, along with any required notices on title such as warning clauses
and/or environmental easements, will be secured through appropriate legal mechanisms,
to the satisfaction of the Town and the railway; and
(vi) where applicable, the Town will ensure that sightline requirements of transport Canada
are addressed.
(b)
new development abutting a rail yard:
(i)
new sensitive uses will not be permitted within 300 metres of a rail yard; and
(ii) all new sensitive uses located between 300 metres and 1000 metres of a rail yard will be
required to undertake noise, and dust and odour studies, to the satisfaction of the Town
and the railway, to support its feasibility of development and, if feasible, shall undertake
appropriate measures to mitigate any adverse effects from noise that were identified.
(c)
new development abutting a Provincial Highway:
(i)
all proposed new development within 150 metres of a Provincial Highway right-of-way
may be required to undertake noise studies, to the satisfaction of the Town, consistent
with the requirements of the Ministry of Transportation (MTO) and the Ministry of the
Environment and Climate Change (MOECC), and shall undertake appropriate measures
to mitigate any adverse effects from noise that are identified.
(d) wind-based electric power generation:
(i) noise studies, as applicable in accordance with all Provincial requirements and
guidelines, and any resultant recommended remedial measures, will be required in
association with any proposal for wind-based electrical power generation.
(d) new development adjacent to Industrial Uses:
(i)
the Ministry of the Environment and Climate Change "Guideline D-6 Compatibility
between Industrial Facilities and Sensitive Land Uses" shall be complied with for the
requirements of noise, odour, vibration and dust studies with respect to the impacts of
Class I, II, and III industrial uses. Any mitigation measures required as a result of the
studies to address adverse impacts will be required as part of the development of new
sensitive land uses.
2.13.3 Information regarding Noise Exposure Forecast/Noise Exposure Projection (NEF/NEP) contours is
not available for the Marathon Airport. New residential development and other noise sensitive uses
such as hospitals, nursing homes, schools, day care centres, etc. may be permitted within 1
kilometre of the airport subject to the findings of a noise impact study and recommendations for noise
abatement/mitigation measures. Transport Canada shall be consulted on development proposals
adjacent to Marathon Airport.
2.13.4 Whenever a change in land use is proposed, consideration shall be given to the effect of the
proposed use on existing land uses. Where there are potential compatibility concerns, consideration
shall be given to the extent to which increased site plan requirements can reduce the potential
TOWN OF MARATHON OFFICIAL PLAN
21
impacts. If the impacts cannot be minimized to acceptable levels the proposed development shall not
proceed. Compatible development means development that, although it is not necessarily the same
as or similar to existing uses in the vicinity, nonetheless enhances an established community and
coexists with existing uses without causing undue adverse impact on the surrounding uses.
Compatibility can be achieved in a variety of ways, including the provision of appropriate setbacks,
buffering features, and transition in building height and massing. Compatibility of new developments
shall be assessed based on the following criteria:
(a)
height and massing--new buildings must have regards to the height and massing of adjacent
buildings. Where variation in height or massing is proposed, a transition is desirable;
(b)
pattern of surrounding community--proposed developments must consider the character of
the surrounding buildings, including scale and rhythm, massing, and architectural design;
(c)
outdoor amenity areas--the privacy of outdoor amenity areas of adjacent residential units
must be respected;
(d)
shadowing--shadowing on adjacent properties must be minimized, particularly on outdoor
amenity areas;
(e)
lighting--the potential for light spill over or glare onto adjacent light-sensitive areas must be
minimized;
(f)
noise and air quality--the development should be located and designed to minimize the
potential for significant adverse impacts on adjacent sensitive uses related to noise, odours,
and other emissions;
(g)
parking--adequate on-site parking must be provided, with minimal impact on adjacent uses;
(h)
loading and service areas--the operational characteristics and visual appearance of loading
and services areas (including garbage and outdoor storage areas) must be designed to
mitigate adverse effects on adjacent properties and should be located away from residential
uses, where possible; and
(i)
vehicular access--the location and orientation of vehicular access must take into account
impact on adjacent uses including noise, glare and loss of privacy.
2.14 ENVIRONMENTAL PROTECTION
2.14.1 As certain natural heritage features (in particular, significant wildlife habitat, habitat for endangered
or threatened species of fish habitat) could occur in any area within the municipality, the potential for
presence of these features should be considered in the review of every development or site
alternation proposal.
SIGNIFICANT WILDLIFE HABITAT
2.14.2 Where, significant wildlife habitat or other natural heritage features are designated, development and
site alterations shall not be permitted:
(a)
within the feature; or
TOWN OF MARATHON OFFICIAL PLAN
22
(b)
within 120 metres of the feature; unless an EIS demonstrates that there will be no negative
impacts on the natural heritage features or on its ecological functions.
2.14.3 Where significant wildlife habitat is shown on Schedule A Land Use Plan, new development or site
alteration will not be permitted until an Environmental Impact Study, prepared by a qualified
professional demonstrates to the satisfaction of the Approval Authority that there will be no negative
impact on the species at risk or its ecological functions.
2.14.4 Adjacent lands to significant wildlife habitat are defined as 120 metres from the boundary of the
feature at a minimum unless there are other site specific considerations such as species habits, type
of development, and/or landscape characteristics that may warrant extending (or in some cases
retracting) the adjacent land boundary for the purposes of meeting the preceding policy.
2.14.5 Preliminary ecological assessments will be conducted when development and/or site alteration is
proposed to determine if the proposed development is within or adjacent to significant wildlife habitat
preliminary assessments will be based on existing mapping and reference information, existing local
knowledge, and preliminary field visits.
2.14.6 Where preliminary assessments indicate proposed development is within or adjacent to significant
wildlife habitat an environmental impact study will be required to determine whether there will be
negative impacts on the natural features or their ecological functions.
THREATENED AND ENDANGERED SPECIES
2.14.7 Development and site alteration shall not be permitted in habitat of endangered species and
threatened species, except in accordance with provincial and federal requirements.
2.14.8 Development and site alteration shall not be permitted on adjacent lands to the significant habitat of
threatened and endangered species unless the ecological function of the adjacent lands has been
evaluated and it has been demonstrated that there will be no negative impacts on the habitat or its
ecological functions.
2.14.9 Where a habitat regulation under the Endangered Species Act is in place for a species, the regulated
habitat is considered to be significant threatened or endangered species habitat for the purposes of
the Provincial Policy Statement.
2.14.10 Where preliminary assessments indicate the potential presence of significant habitat of threatened
and endangered species, the local Ministry of Natural Resources and Forestry office will be
contacted for review and confirmation of the information.
TOWN OF MARATHON OFFICIAL PLAN
23
2.14.11Those undertaking development and site alteration should be aware that the Endangered Species
Act prohibits the killing, harming or harassing of threatened and endangered species and, subject to
transition provisions of the Act, prohibits the damage or destruction of the habitat of threatened and
endangered species.
2.14.12 If proposed development is located in lands adjacent to significant habitat of threatened and
endangered species an environmental impact study will be required to determine whether there will
be negative impacts on the natural features or their ecological functions.
2.14.13 Development and site alteration shall not be permitted in or adjacent to significant wildlife habitat
unless it has been demonstrated that there will be no negative impacts on the natural features or their
ecological functions.
2.14.14 The presence of Species at Risk (extirpated, endangered or threatened species) shall be identified
through the use of the Natural Heritage Information Centre (NHIC) provincial database, and through
consultation with Ministry of Natural Resources and Forestry staff (See Appendix A -Species at Risk
within the municipal boundary).
2.14.15 The Endangered Species Act prohibits the killing, harming, harassment, capture, or taking of a
species at risk, and the damaging or destroying of their habitat. As a result, an Environmental Impact
Study (EIS) should be carried out during the planning of development and site alteration projects to
determine whether a listed species or its habitat may be present before carrying out an activity that
may contravene the Endangered Species Act. The EIS should demonstrate that there will be no
negative impacts on the habitat of endangered and threatened species or its ecological function. The
EIS must be completed by a qualified professional to address potential impacts on the habitat of
endangered and threatened species. To accommodate endangered and threatened species and
their habitats, and to minimize any adverse effects on these species, some activities may need to be
modified and be subject to best management practices to mitigate an activity's impacts. On a case by
case basis, additional actions may be required to address specific impacts on a species at a
particular site or location.
2.14.16 Where developments or site alteration is proposed within 120 metres of the boundary of the habitat of
a species at risk, the proponent shall provide the Town with an Environmental Impact Study (EIS)
that demonstrates that there will be no negative impacts on the significant habitat or on its ecological
function. Where warranted by site and species-specific factors, development proposals further than
120 metres from significant portions of the habitat of endangered and threatened species may also
require an Environmental Impact Study.
2.14.17 If impacting an endangered or threatened species cannot be avoided, a permit or agreement under
the Endangered Species Act should be obtained before the activity proceeds. Town staff should work
TOWN OF MARATHON OFFICIAL PLAN
24
directly with Ministry of Natural Resources and Forestry district staff to develop agreements or
permits when required.
FISHERIES AND FISH HABITAT
2.14.18 No development shall be permitted that results in the harmful alteration, disruption or destruction of
fish habitat except where it has been authorized under the federal Fisheries Act, or adverse
degradation of the quality and integrity of an ecosystem including air, water, land and plant and
animal life. Where the quality and integrity of an ecosystem has been diminished, the Town shall
encourage its restoration or remediation to healthy conditions.
It is the intent of this Plan to promote the wise management and sustainable use of fisheries to
provide recreational and economic benefit to Marathon and the Province of Ontario. In the absence
of detailed fish habitat mapping, fish habitat is defined as all water features including permanent or
intermittent streams, headwaters, seasonally flooded areas, wetlands, municipal or agricultural
surface drains, lakes and ponds, unless it can be demonstrated in a report from a qualified
professional that the feature does not constitute fish habitat as defined by the Canada Fisheries Act.
In considering new development or redevelopment within or adjacent to fish habitat, Council shall
consider the following:
(a) development and site alteration may be permitted on adjacent lands to fish habitat, provided that
it has been demonstrated through an Environmental Impact Study (EIS) that there will be no
negative impacts on the fish habitat or its ecological functions;
(b) adjacent lands to fish habitat are defined as all lands within a minimum of 120 metres from the
normal high water mark of any watercourse or waterbody defined as fish habitat above;
(c) prior to making a final decision on new development proposals referred to above, Council may
require additional studies, special engineering works or design controls to ensure that the
resulting development does not adversely affect the ability of the natural habitat to sustain
healthy fish populations; and
(d) notwithstanding applicable flood-proofing elevations, all new waterfront structures except docks,
uninhabited boat houses or those intended for flood or erosion control shall be set back a
minimum of 30 metres horizontally from the water's edge to maintain a natural vegetative buffer
to protect fish habitat.
WETLANDS
2.14.19 Wetland areas are a significant environmental resource, which contribute to the ecological well-being
of the natural environment. It is the intent of this Plan to protect wetland areas within or adjacent to
the Town from incompatible land uses. There are no known provincially significant wetland areas in
the municipality. Nevertheless if one is identified, no development or site alteration will be permitted
in it or adjacent to it provided that it will have no negative impacts. Lands adjacent to a provincially
significant wetland are defined to be within 120 metres of it until further evaluation proves another
TOWN OF MARATHON OFFICIAL PLAN
25
distance more appropriate.
2.15 GROUNDWATER RESOURCES
2.15.1 Groundwater resources are used as a source of potable water supply in the Urban Service Area of
Marathon. No development shall be permitted that result in the contamination of groundwater
resources. The Town has prepared a Groundwater Management Strategy which identifies a number
of strategies and initiatives that provide for the protection to the groundwater resources and the
municipal water supply.
2.15.2 The groundwater protection zones shown on Schedule "D", derived from Marathon's Groundwater
Management Strategy, identify the groundwater aquifer source area of the municipal water supply
that is sensitive to potential contamination. Groundwater Protection Zone I represent the 0-2 year
capture zone and is the most sensitive to contamination. Groundwater Protection Zone II represents
the primary groundwater source area and is the 2-25 year capture zone, while Groundwater
Protection Zone III represents possible source areas for future wells. Within each of the wellhead
capture zones certain types of land uses whose activities have the potential to adversely impact on
groundwater resources shall be prohibited.
2.15.3 On lands within Groundwater Protection Zone I, the following land use restrictions shall apply:
(a)
those land uses which involve the handling of hazardous materials and identified as Category
"A", "B" or "C" Industrial Land Uses listed in Appendix "B" shall be prohibited;
(b)
the use of underground fuel storage tanks shall be prohibited; and
(c)
limitations on the use of fertilizer and pesticide applications on lawns and playgrounds/parks in
accordance with the recommendations of Marathon's Groundwater Management Strategy.
2.15.4 On lands within Groundwater Protection Zone II, the following land use restrictions shall apply:
(a) those land uses identified as Category "A" or "B" Industrial Land Uses listed in Appendix "B"
shall be prohibited;
(b) the use of underground storage tanks shall be prohibited;
(c) Category "C" Industrial Land Uses listed in Appendix "B" may be permitted within Groundwater
Protection Zone II, provided the lands are designated and zoned for such uses, and the
applicant has prepared an Environmental Management System which details the best
management practices to protect against accidental spills and inappropriate disposal of
hazardous waste in accordance with the recommendations of Marathon's Groundwater
Management Strategy. The Environmental Management System shall be approved by the
Town; and
(d) limitations on the use of fertilizer and pesticide applications on lawns and playgrounds/parks in
accordance with the recommendations of Marathon's Groundwater Management Strategy.
TOWN OF MARATHON OFFICIAL PLAN
26
2.15.5 On lands within Groundwater Protection Zone III, the following land use restrictions shall apply:
(a)
those land uses identified as Category "A" Industrial Land Uses listed in Appendix "B" shall be
prohibited;
(b)
the use of underground storage tanks shall be prohibited; and
(c)
Category "B" and "C" Industrial Land Uses listed in Appendix "B" may be permitted within
Groundwater Protection Zone III, provided the lands are designated and zoned for such uses
and the applicant has prepared an Environmental Management System which details the best
management practices to protect against accidental spills and inappropriate disposal of
hazardous waste in accordance with the recommendations of Marathon's Groundwater
Management Strategy. The Environmental Management System shall be approved by the
Town.
2.15.6 Existing uses that are considered to be Category "A" and "B" Industrial Land Uses as listed in
Appendix "B" which are located within Groundwater Protection Zones I and II have the potential to
adversely impact on groundwater resources. Accordingly, these existing uses shall develop an
Environmental Management Strategy approved by the Town, which establishes best management
practices to protect against accidental spills and inappropriate disposal of hazardous waste. Over the
long term these existing industrial uses are encouraged to locate to appropriately designated and
zoned land outside of Groundwater Protection Zones I and II.
2.15.7 Underground fuel storage tanks used for home heating purposes represent a significant threat to the
municipal water supply since they are susceptible to leakage and are primarily located within the
most sensitive groundwater protection zones. Users of existing underground fuel storage tanks shall
upgrade their tanks with leak and spill prevention equipment or remove the underground tanks and
convert to above ground fuel storage tanks with appropriate leak and spill prevention equipment.
Alternatively, conversion to alternate energy sources is also encouraged as an option.
2.15.8 The Town, together with other government agencies, shall develop contingency plans to address
such matters as accidental motor vehicle and rail spills, develop and conduct regular groundwater
monitoring, establish a hazardous waste collection programme and encourage the use of water
conservation measures.
2.15.9 For all development on private wells in areas not serviced by the municipal water supply, the
proponent shall provide evidence that the development can be adequately and safely serviced by a
private potable water supply and there is no adverse impact on groundwater resources. Private wells
within Groundwater Protection Zones I, II and III shall be restricted.
2.16 WAYSIDE PITS AND QUARRIES
2.16.1 A wayside pit or wayside quarry means a temporary pit or quarry opened and used by a public road
authority or their agent, solely for the purposes of a particular road project or contract of road
TOWN OF MARATHON OFFICIAL PLAN
27
construction or maintenance. Accessory aggregate processing operations such as crushing,
screening, washing and stockpiling of aggregate product are also considered to be permitted uses in
a wayside pit or quarry.
2.16.2 Wayside pits and quarries shall be permitted throughout the Town except for the following:
(a)
in areas designated Residential;
(b)
within 300 metres of an existing residential or other sensitive use;
(c)
within Groundwater Protection Zones I, II and III; and
(d)
where environmental effects will occur that cannot be mitigated in accordance with Ministry of
the Environment and Climate Change guidelines for Class III Industrial Facilities.
2.16.3 The opening of wayside pits and quarries shall be permitted without an amendment to this Plan or the
Zoning By-law. The Province and/or the applicant will provide notice when required or practical to the
Town prior to the establishment of a wayside pit or quarry.
2.16.4 New wayside pits and quarries or the expansion of existing operations, cultural heritage resources
shall be considered, and are subject to the completion of archaeological assessments and
appropriate mitigative measures, as required.
2.16.5 The Ministry of Transportation shall ensure that wayside pits and quarries used for its purposes are
rehabilitated to the satisfaction of the Town of Marathon. Progressive and final rehabilitation of
wayside pits and quarries is required.
2.17 PORTABLE ASPHALT AND CONCRETE PLANTS
2.17.1 A portable asphalt plant means a facility with equipment designed to heat and dry aggregate and to
mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling
and storage of bulk materials used in the process. A portable asphalt plant is not of permanent
construction, but is designed to be dismantled and moved to another location as required.
A portable concrete plant means a building or structure with equipment designed to mix cementing
materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and
storage of bulk materials used in the process. A portable concrete plant is not of permanent
construction, but is designed to be dismantled and moved to another location as required.
2.17.2 Portable asphalt and concrete plants used by a public road authority or their agents shall be
permitted throughout the Town, subject to the approval of the Ministry of the Environment and
Climate Change, except for the following locations:
(a)
in the developed area of the townsite of Marathon;
(b)
within 400 metres of an existing residential use;
(c)
where environmental effects will occur that cannot be mitigated; and
TOWN OF MARATHON OFFICIAL PLAN
28
(d)
within any groundwater protection zone.
2.17.3 Portable asphalt and concrete plants shall be permitted without an amendment to this Plan or the
Zoning By-law. The Province and/or the applicant will provide notice when required or practical to the
Town prior to the establishment of a portable asphalt or concrete plant.
2.17.4 Portable asphalt and concrete plants shall be removed from the site and the site rehabilitated to its
previous condition upon completion of the road project.
2.18 FORESTRY
2.18.1 Forest resources provide a significant economic, social and environmental benefit in the form of:
(a)
income from forest products;
(b)
recreation;
(c)
education;
(d)
soil and water conservation;
(e)
wildlife habitat;
(f)
buffers between land uses; and
(g)
natural amenities.
2.18.2 Property owners are encouraged to ensure that forest resources on their property are properly
managed and may obtain information on the management of forest resources from the Ministry of
Natural Resources and Forestry.
2.18.3 Due to the potential for adverse impact on groundwater resources, forestry harvesting activities shall
be prohibited on land within Groundwater Protection Zones I, II and III.
2.18.4 The maintenance of forest cover and riparian vegetation along river and stream banks is required
and reforestation in areas where forest resources have been depleted is encouraged.
2.18.5 Certain areas of the Town are highly susceptible to damage caused by forest, brush and/or grass
fires. Forest fire prevention and hazard reduction activities are desirable for environmental, economic
and social reasons.
2.18.6 Development shall generally be directed to areas outside of lands that are unsafe for development
due to the presence of hazardous forest types for wildland fire. Proponents may be required to
undertake a site review to assess for the risk of high to extreme wildland fire behaviour on the subject
lands and adjacent lands (to the extent possible) in accordance with wildfire assessment and
mitigation standards, as identified by the Ministry of Natural Resources and Forestry. Development
of land adjacent to or within high fire risk areas shall incorporate design measures and construction
techniques which will minimize damage resulting from a forest, brush or grass fire. Such measures
TOWN OF MARATHON OFFICIAL PLAN
29
may include identifying access and escape routes, layout of fire breaks, use of fire resistant
construction materials and building and property maintenance.
2.19 AGGREGATE AND MINERAL RESOURCES
2.19.1 The 2014 Provincial Policy Statement states that minerals and petroleum resources shall be
protected for long-term use. Minerals are defined by the Provincial Policy Statement as metallic
minerals (e.g. gold, copper, nickel) and non-metallic minerals (e.g. mica, salt talc). Mineral aggregate
resources are defined as gravel, sand, clay, rock, or other material prescribed under the Aggregate
Resources Act suitable for construction, industrial, manufacturing and maintenance purposes. Areas
having high aggregate or mineral resource potential are all of the rural area as designated Schedule
A.
2.19.2 To permit continued development of the extractive industry in a logical and controlled fashion,
protection of areas having high quality mineral aggregate resources for long-term use shall be
considered for any development proposal. In all cases, any new development should not adversely
affect the viability of the extraction industry in the future.
2.19.3 In the Rural area as shown on Schedule A, development which would preclude or hinder the
establishment of new operations or access to the resources shall only be permitted if:
(a)
resource use would not be feasible or;
(b)
the proposed land uses or development serves a greater long term public interest; and
(c)
issues of public health, public safety and environmental impact are addressed.
2.19.4 Non-extractive land uses or developments shall be prohibited in those areas identified as having an
aggregate or mineral resource potential unless it can be shown that:
(a)
extraction would not be feasible; or
(b)
the proposed land use or development serves a greater long-term interest of the general
public than does aggregate or mineral extraction; or
(c)
the proposed land use or development does not preclude or hinder future extraction and would
not be incompatible with future extraction for reasons of public health, public safety, and
environmental impact.
2.19.5 Progressive and final rehabilitation to accommodate subsequent land uses shall be required in order
to accommodate new land uses, to promote land use compatibility, and to recognize the interim
nature of extraction. An Official Plan Amendment to the new land use designation may be required to
implement the subsequent land use.
2.19.6 Extractions of any size shall be undertaken in a manner which minimizes social and environmental
impacts.
TOWN OF MARATHON OFFICIAL PLAN
30
2.19.7 Existing mineral and aggregate operations shall be permitted to continue without the need for Official
Plan Amendment, rezoning or development permit under the Planning Act.
2.19.8 Development of these areas for purposes other than resource extraction shall not be permitted in
accordance with Policies 2.19.1 and 2.19.2. If such development is permitted, the underlying
designation will apply.
2.19.9 Development in or adjacent to an area of known mineral or aggregate resources, shall be located
and buffered sufficiently to ensure that the extraction is not limited and that the development is not
affected by the noise, dust or other health and public safety issues that are related to the extractive
activity.
2.19.10 New or expanding aggregate or mineral extraction operations should be well removed from
residential areas and screened from view to the greatest extent possible. New or expanded
aggregate or mineral extraction operations should also not negatively affect existing and future
adjacent land uses, social values, and the environment.
2.19.11 Cultural heritage resources shall be considered when new areas for mineral extraction or aggregate
operations are being considered and cultural heritage resources shall be conserved in accordance
with the recommendations of an archaeological assessment prior to the establishment of new
operations or the expansion of existing operations. When necessary, Council will require satisfactory
measures to mitigate any negative impacts on significant cultural heritage resources.
2.20 ABANDONED MINE HAZARDS
2.20.1 Progressive rehabilitation is required for any mine hazard in accordance with the requirements of the
Mining Act. Input from the Town will be via the public review opportunities of a Closure Plan, if the
Director appointed by the Minister of Northern Development and Mines requires a plan to be
submitted should the progressive rehabilitation not meet provincial standards.
2.20.2 Development on lands within 1000 metres of the abandoned mine hazards as shown on Schedule C
will be permitted only if rehabilitation measures to address and mitigate the hazard have been
completed in accordance with the requirements of the Ministry of Northern Development and Mines.
Abandoned mine hazards identified at the time of the approval of this Official Plan are illustrated on
Schedule C and current information regarding the location of abandoned mine hazards is available
from the Ministry of Northern Development and Mines.
2.20.3 Proposed development on, abutting or adjacent to lands affected by Mine Hazards to be supported
by a study that:
(a)
identifies potential safety hazards;
(b)
demonstrates that the site can be rehabilitated to mitigate the known or suspected hazard; and
TOWN OF MARATHON OFFICIAL PLAN
31
(c)
establishes measures to address and mitigate known or suspected hazards.
2.20.4 Where rehabilitation requirements are known and are feasible, known mine hazards and adjacent
lands may be zoned with a Holding Zone. In these instances, rehabilitation of the site in accordance
with the requirements of the Mining Act shall be required prior to the removal of the holding symbol.
In the interim, uses permitted on such properties will be restricted to existing land uses.
2.21 CONTAMINATED SITES
2.21.1 Prior to approving any development on lands that may have been contaminated by previous uses, a
Record of Site Condition shall be required which identifies the extent of possible contamination, and
summarizes information about the site including the site condition achieved through restoration. The
Record of Site Condition shall be prepared by a qualified consultant in accordance with the Ministry
of Environment and Climate Change Ontario Regulation 153/04 and received by the Ministry of
Environment and Climate Change. If site restoration is required, it shall be completed prior to
development approval being given and in accordance with a site remediation plan prepared and
consistent with Ministry of Environment and Climate Change guidelines.
2.22 WASTE DISPOSAL SITES
2.22.1 Development shall be prohibited on all waste disposal sites located in the Town, including closed
sites. Waste disposal sites are considered an industrial use.
2.22.2 Development proposed within 500 metres of an existing or closed waste disposal cell shall not be
approved under a plan of subdivision, consent or building permit unless it can be demonstrated that
there is no evidence of any adverse effects or risks to health and safety including leachate, methane
gas migration or other contaminants present in the soils or ground water supply to the satisfaction of
the Ministry of Environment and Climate Change and the Town of Marathon. In certain
circumstances, such as areas of fractured bedrock or sand, areas beyond 500 metres may be
impacted by leachate, methane gas migration or other contaminants in which case development will
be restricted.
2.22.3 Due to the potential for adverse impact on groundwater resources, waste disposal sites shall be
prohibited from locating on land within Groundwater Protection Zones I, II and III.
2.22.4 Waste disposal sites and facilities will be planned and maintained to ensure the sanitary, economic,
efficient and most environmentally appropriate disposal of waste and in accordance with provincial
regulations. New waste disposal sites shall proceed only by way of amendment to this Plan.
2.22.5 Best management practices in the area of waste diversion must be pursued in order to extend the
lifespan of the existing municipal landfill site.
TOWN OF MARATHON OFFICIAL PLAN
32
2.23 ENERGY EFFICIENCY AND SUSTAINABILITY
2.23.1 The Town of Marathon recognizes the importance of supporting policies aimed at reducing energy
consumption and reliance on carbon-based fuels in order to develop greener, healthier, active
communities and a culture of conservation. The principles of energy efficiency and energy diversity
guide the energy policies. Energy efficiency refers to promoting energy efficient urban and building
designs, appliances, and modes of transportation, while energy diversity refers to promoting the
development and use of alternative and renewable energy systems.
2.23.2 Proposed development should incorporate the following best practices in sustainability:
(a)
buildings should be oriented in such a way as to maximize passive solar energy gain;
(b)
new developments shall consider the use of green building technologies and rating systems,
such as Leadership in Energy and Environmental Design (LEED);
(c)
land use patterns should support the use of alternative modes of transportation;
(d)
development should reduce hard surfaces and maximize site permeability;
(e)
the Town shall promote landscaping and tree planting programs that help moderate summer
and winter micro-climatic conditions;
(f)
the Town shall promote alternative and renewable energy systems as accessory and
standalone uses;
(g)
new development should be designed to accommodate more affordable alternative energy
and renewable energy technologies in the future; and
(h)
water use and reduction strategies and technology.
2.23.3 Various forms of alternative energy systems and renewable energy systems can generate thermal
and electrical power on a site-specific basis or as part of a more expansive utility grid system, thereby
providing environmental, social and economic benefits. The Ontario Green Energy Act and Green
Economy Act provide a framework for approvals of various types of renewable energy projects which
are thereby exempt from municipal approvals. However, the Town will be consulted through the
provincial Renewable Energy Approval process.
2.23.4 The Town will review and provide comments to the proponents of renewable energy projects with
respect to servicing, infrastructure, or any other matter related to a proposed renewable energy
project for which a provincial Renewable Energy Approval is required. The proponent must then
supply the Town's comments to the province with their Renewable Energy Approval (REA)
Application.
2.24 AIR QUALITY AND CLIMATE CHANGE
2.24.1 Climate change can be defined as a long-term change in average weather conditions, including
temperature, wind patterns and precipitation, primarily due to increases in greenhouse gas
emissions related to human activities. It may involve, for example, increased frequency and severity
TOWN OF MARATHON OFFICIAL PLAN
33
of extreme weather events, as well as erratic weather patterns. Climate change is highly complex
and dynamic, and the timing, nature and severity of its impacts on communities are difficult to predict
and will vary locally and regionally. However, scientific research and analysis suggest that
communities will need to adjust to the effects of climate change in one way or another, despite our
best efforts at reducing our greenhouse gas emissions in the future.
2.24.2 Several policies in this Official Plan may directly or indirectly contribute to reducing the Town's overall
impact in terms of greenhouse gas emissions. These include a focus on increased energy efficiency,
support for alternative means of transportation, and the promotion of mixed-use communities.
However, a broader approach is required in order to establish more comprehensive mitigation
2.24.3 In collaboration with agencies such as Natural Resources Canada and Health Canada, the Town
may consider the preparation of a Climate Change Mitigation and Adaptation Plan that outlines:
(a)
mitigation strategies to reduce the Town's contribution to climate change; and
(b)
adaptation strategies to assist the Town in coping with the effects of climate change on the
community.
2.25 COMMUNICATION TOWERS
2.25.1 The Town of Marathon recognizes that the installation of communication towers is required to supply,
improve, and maintain the quality of service. Local zoning by-laws cannot prevent a
telecommunication tower from being constructed, as the Federal Government has the approval
authority. However, Industry Canada recognizes the importance of considering the potential impact
of communication towers on the community. An applicant seeking to establish a communication
tower shall work with the Town, seek input from the community, and meet the requirements as set
out in the Council approved installation of Communication Towers Policy, if applicable.
2.26 SECONDARY DWELLING UNITS
2.26.1 A secondary dwelling unit may be permitted, in addition to a principle dwelling unit, in a
single-detached, semi-detached, or a townhouse or in a building or structure ancillary to a single
detached or semi-detached dwelling or row house. Standards shall be established in the Zoning
By-law to regulate compatibility with the main dwelling and surrounding land uses, as well as the size
of secondary dwelling units, and required on-site parking. Secondary dwelling units shall be subject
to the applicable requirements of the Ontario Building Code Act.
2.27 AFFORDABLE HOUSING
2.27.1 It is a policy of this Plan to ensure existing and new residents have access to diverse and affordable
housing choices. To be considered affordable, affordable shall be defined as the following:
TOWN OF MARATHON OFFICIAL PLAN
34
In the case of ownership housing, the least expensive of:
i)
housing for which the purchase price results in annual accommodation costs which do not
exceed 30 percent of gross annual household income for low and moderate income
households; or
ii)
housing for which the purchase price is at least 10 percent below the average purchase price
of a resale unit in the regional market area;
In the case of rental housing, the least expensive of:
i)
a unit for which the rent does not exceed 30 percent of gross annual household income for low
and moderate income households; or
ii)
a unit for which the rent is at or below the average market rent of a unit in the regional market
area.
2.27.2 Council will establish targets for affordable housing in the Town, based on the definition for both
ownership and rental housing in the regional market area, and explore collaboratively with partners,
such as the Thunder Bay District Social Services Board, how targets can be achieved, including
utilizing techniques and tools such as Community Improvement Plans, permitting second units in
existing dwellings, encouraging the creation of infill lots, the conversion of existing buildings for
residential purpose, redevelopment of sites not previously used for residential purposes, promoting
higher densities in new development, and permitting rooming, boarding and lodging houses where
appropriate.
2.28 GARDEN SUITES
2.28.1 A garden suite shall be defined as a one-unit detached residential structure containing bathroom and
kitchen facilities, ancillary to an existing residential structure and is designed to be portable and
temporary.
(a)
considering such proposals for a garden suite, the following shall be considered:
(i)
the unit shall only be used on a temporary basis in conjunction with an existing dwelling
on the same lot;
(ii)
the lot size/layout in terms of accommodating the garden suite without unreasonable
loss of private outdoor amenity area;
(iii)
compatibility of the garden suite with the surrounding neighbourhood in terms of general
form, privacy, shadowing and separation distance;
(iv)
adequacy of site access and on-site parking;
(v)
the unit is not placed in the front yard of the lot or the required front yard required by the
Zoning By-law;
(vi)
no additional access is provided to the lot from a public road;
(vii) placement of the unit is not exclusively removed from the existing dwelling;
(viii) the proposed site is capable of accommodating an approved septic and water supply
system as determined by the Town of Marathon, or verification that adequate municipal
services can be provided on this lot;
TOWN OF MARATHON OFFICIAL PLAN
35
(ix)
the location of such unit shall be in accordance with the Minimum Distance Separation
Formulas where the use is proposed near any livestock operation; and
(x)
the main dwelling unit and the proposed garden suite are clustered in the same general
location on the property.
TOWN OF MARATHON OFFICIAL PLAN
36
SECTION 3 - LAND USE POLICIES
3.1
GENERAL
3.1.1
Land use designations have been established for Town of Marathon. The Land Use Plan as detailed
on Schedules A and B illustrate the land use designations. Schedules A and B should be read
together in conjunction with the policies of Section 3.
3.1.2
The intent of this section of the Plan is to promote the optimum land use function by minimizing land
use conflicts and providing an attractive development pattern consistent with existing land uses and
economic development of the Town. The majority of new development in the Town will be directed to
occur in the Urban Service Area of the townsite.
3.2
RURAL
3.2.1
It is the intent of this Plan to maintain the rural character and environment of the Rural area of the
Town of Marathon with limited rural residential and seasonal residential development while at the
same time promoting the Rural area for recreation and tourism related activities and uses. The Town
is capable of supporting development that is resource and non-resource based. It is not realistic to
attempt to precisely define where these uses may best occur. Rather, a general Rural land use
designation in which these uses can be accommodated in accordance with the specific policies of
this Plan and through the implementation of the zoning by-law and zoning amendments, would allow
flexibility in determining the appropriate uses of land.
3.2.2
The Rural area is characterized as a low density, multi-purpose area in which land uses can be
accommodated in a compatible manner consistent with the rural character of the Town. Land
designated as Rural are shown on the Land Use Plan, Schedules A and B.
3.2.3
Permitted uses in the Rural area include rural residential dwellings, seasonal residential uses,
agricultural use including hobby farms, marinas, nature trails, tourist uses, wind power generation,
and industrial uses related to natural resources. It is the intent of the Rural designation to permit and
encourage such rural uses as forestry, aggregate extraction, mining and mineral exploration,
trapping, resource management and conservation uses.
3.2.4
A portion of the Rural area includes Crown land that has been identified by the Province as an
Enhanced Management Area in the Crown Land Use Policy Atlas. Forestry is not permitted within
this area, aggregate extraction and mineral exploration activities are permitted on a controlled basis
and the disposition of crown lands and new roads are discouraged.
TOWN OF MARATHON OFFICIAL PLAN
37
3.2.5
It is the intent of the Rural land use designation to:
(a)
maintain the low density rural character of the Town;
(b)
provide flexibility by permitting a variety of land uses; to allow development of natural
resources and economic activities in a manner compatible with the rural character which
balances protection of natural resources with the need for economic diversification;
(c)
protect the natural environment including the Pic River. There is a responsibility to preserve,
protect, enhance, and provide the proper management and stewardship of our natural areas in
a sustainable way, given that changes to natural areas can affect the ecological balance; and
(d)
to protect the significant views of Lake Superior along Peninsula Road as one enters the
townsite of Marathon.
3.2.6
While land in the Rural designation may be developed for a variety of uses, regard shall be given to
ensure that development is compatible with surrounding land uses and appropriate for the site before
development approval is given.
3.2.7
Rural residential uses shall be permitted in the Rural designation on existing lots of record and on lots
created through the consent and subdivision process in accordance with the policies of this Plan
(Section 2.3) and provided that:
(a)
new rural residential uses should be a reasonable distance and are oriented away from
industrial uses to minimize the adverse effects of odour, dust, noise, vibration and other
contaminants. The Ministry of the Environment and Climate Change may be consulted to
obtain input with respect to separation distances and buffering requirements for residential
development adjacent to industrial uses;
(b)
new lots for rural residential uses must be a minimum area necessary for the use permitted
and the installation of a private water supply and sanitary sewage disposal system approved
by the Health Unit or designated authority. However, no new rural residential lot shall be
smaller than 1.0 hectares;
(c)
warning clauses will be registered on title of all cottage or summer resort lots
created in Crown Reserve and private patented land areas known to have mineral resource
potential. These warning clauses shall indicated that rights of mining operations to access and
extract the mineral resource over the rights of other land uses to prevent such activities from
occurring; and
(d)
there is compliance with the Minimum Distance Separation I criteria, if applicable.
3.2.8
Plans of subdivisions for rural residential purposes greater than five (5) lots shall require a planning
justification study that addresses the need and scale of the proposed development based on the
following considerations:
(a)
demand for the type of development proposed;
(b)
the amount of developable land available with existing residential areas;
(c)
an evaluation of other sites available to accommodate the development within other areas of
the Town;
TOWN OF MARATHON OFFICIAL PLAN
38
(d)
long term servicing impacts, environmental factors and impact on surrounding land uses;
(e)
the scale and design of the development is compatible with the surrounding development and
rural character in general;
(f)
any necessary infrastructure and public facilities can be provided or are available to service
the development in an efficient manner;
(g)
a water quality/quantity assessment which demonstrates that there is adequate water quantity
and quality available to meet the domestic requirements of the development; and
(h)
comply with the Minimum Distance Separation I criteria, if applicable.
3.2.9
Development within the Rural area shall not conflict with existing livestock operations and must
comply with the Minimum Distance Separation I criteria, as amended from time to time. New and/or
expansions to existing livestock operations shall comply with the Minimum Distance Separation II
criteria, as amended from time to time.
3.2.10 The release of Crown land in the Rural area for seasonal residential uses, tourist development uses
and recreational infrastructure, such as docks and boat launch/parking areas, is supported by the
Town. Specific locations of the Rural area which are as being candidate sites for seasonal or cottage
residential will be subject to the results of an archaeological assessment and fishery/wildlife
assessments.
3.2.11 Seasonal or year round waterfront residential development in the Rural area will not be permitted on
lakes identified by the Ministry of the Environment and Climate Change as having reached their
assimilative capacity. The identification of such lakes will be by an amendment this Plan. Currently
no lakes have been identified by the Ministry of Environment and Climate Change as having reached
their assimilative capacity.
3.2.12 Until such time as mining operations are economically viable and it is feasible to extract the mineral
or mineral aggregate resource, alternative land uses will be considered in the area considered to
have a high potential for mineral resources within the Rural area. Low density cottage or seasonal
residential uses, tourism uses and waterfront development are considered appropriate alternative
land uses that would not restrict access to possible mineral aggregate resources or hinder mining
operations and activities at some point in the future.
3.2.13 The development of seasonal or cottage residential uses in the Rural area , will only be permitted
provided that the residential uses are not occupied on a permanent year round basis as principal
residences and that no permanent year round residential community is established. These
restrictions on seasonal or cottage residential development are provided as added safeguards to
ensure that possible future access to potential mineral resources is not hindered by the development.
3.2.14 In order to further mitigate against possible conflicts between future mineral aggregate and mining
activities and cottage residential uses within the mineral and mineral aggregate resource potential
TOWN OF MARATHON OFFICIAL PLAN
39
area in the Rural area, it is the intent of Council that warning clauses be registered on title with the
individual cottage lots indicating the rights of the mineral sector to access, assess and extract the
mineral resource over the rights of other land uses to prevent such activities from occurring. It is
Council's intent that access to mineral and mineral aggregate resources is to be protected for
possible future mining activities and that cottage lot development, tourism uses and waterfront
development shall not restrict access to the mineral resource or preclude extraction of the resource.
3.2.15 At such time as mineral aggregate or mining operations are economically viable in the mineral and
aggregate resource potential area within the Rural area, mining and aggregate activities will then be
given precedence over other land uses in the Rural area. It is not the intent of this Plan that seasonal
or cottage residential uses conflict with, or restrict future mining and aggregate activities in these
areas.
3.2.16 Seasonal residential uses, tourist development and waterfront development uses in the Rural area
will be privately serviced and will require the approval of the Health Unit or designated authority for
private sanitary sewage disposal systems. The minimum lot area for a seasonal residential use shall
be 0.8 hectare for waterfront lots and 1.0 hectares for all other lots.
3.2.17 In order to address land use compatibility concerns between possible future mining and aggregate
operations and seasonal or cottage residential development, tourism uses or waterfront
development within the mineral and aggregate resource potential areas in the Rural area,
appropriate buffering and setback measures may need to be applied against possible negative
impacts mining or aggregate operations may have on these types of uses. The potential impacts and
appropriate mitigative measures will be assessed and determined on a case by case basis.
3.2.18 Mining operations and mineral aggregate extraction shall be permitted in the Rural area subject to
the policies of Section 2.19, an amendment to the Zoning By-law and provided that:
(a)
the operation is compatible with the surrounding land uses and will not adversely impact on
water resources or water use activities in accordance with Section 2.13;
(b)
adequate buffering is provided;
(c)
a site plan agreement pursuant to Section 41 of the Planning Act and such agreement shall
address the following matters, but not be limited to:
(i)
hours of operation;
(ii)
location of proposed buildings, machinery and equipment;
(iii)
setbacks, landscaping and buffering;
(iv)
storm water management;
(v)
existing and anticipated final grades of excavation;
(vi)
access/egress;
(vii) haulage routes;
(viii) improvements/maintenance to Town roads as a result of increased truck traffic on
existing roads; and
TOWN OF MARATHON OFFICIAL PLAN
40
(ix)
progressive site rehabilitation.
3.2.19 Small scale commercial uses providing personal or retail services, recreational commercial uses and
small scale dry industrial uses relating to a natural resource and bulk storage or warehousing may be
permitted in the Rural area subject to an amendment to the Zoning By-law provided that:
(a)
the use is located on provincial highway or on an open road maintained year round by the
Town;
(b)
buffering and separation distances in accordance with the Ministry of the Environment and
Climate Change guidelines and to the satisfaction of the Town shall be provided where an
industrial use is located adjacent to a sensitive land use;
(c)
there is no adverse impact on the amenity and character of the rural environment as
established by the comprehensive Zoning By-law;
(d)
adequate parking is provided;
(e)
a site plan agreement pursuant to Section 41 of the Planning Act may be required; and
(f)
small scale processing of forest products, such as portable sawmill operations, are considered
an industrial use and may be permitted provided that no equipment or machinery is located:
(i)
within 120 metres of a residential lot or a lot used for recreational, institutional or
commercial uses;
(ii)
within 30 meters of any road or road allowance;
(iii)
an agreement is entered into with the Town governing the hours of operation for
operations that are adjacent to residential and sensitive land uses; and
(iv)
buffering and separation distances in accordance with the Ministry of the Environment
and Climate Change guidelines and to the satisfaction of the Town shall be provided.
3.2.20 Institutional uses that provide local public services may be permitted in the Rural area subject to an
amendment to the Zoning By-law in accordance with the following:
(a)
adequate parking is provided;
(b)
adequate buffering is provided where necessary in accordance with the Ministry of the
Environment and Climate Change guidelines and to the satisfaction of the Town; and
(c)
an agreement pursuant to Section 41 of the Planning Act is required;
3.2.21 Any development at the Tourist Information Centre, the former ski lodge, should enhance the viability
of the centre and provide for protection of the views and vistas from the centre.
3.2.22 Lands used for forestry purposes includes the production of wood and wood products, renewal and
maintenance of forest resources, provision of proper environmental conditions for wildlife, protection
against floods and erosion, recreation, and protection and production of water supplies. Forestry
uses shall be allowed without an amendment to the Zoning By-law. The processing of forest products
is considered an industrial use and subject to the Policies of 3.2.18.
3.2.23 Lands used for public or private recreational purposes may be permitted in the Rural area subject to
TOWN OF MARATHON OFFICIAL PLAN
41
amendment to the Zoning By-law in accordance with the following provisions:
(a) development shall only take place in areas suitable for the use taking into consideration the
location, surrounding uses, water quality, drainage, soil conditions and traffic generation; and
(b) a site plan agreement pursuant to Section 41 of the Planning Act may be required.
3.3
RESIDENTIAL
3.3.1
The primary focus for residential development and growth shall be the Residential area serviced by
municipal water and sewage treatment systems within the townsite of Marathon. The Residential
area is shown on Schedule B. The townsite is identified on Schedule A.
3.3.2
It is the objective of this Plan to:
(a)
ensure that an adequate supply of land and range of housing types and densities is available
to accommodate residential growth and the demands for residential development for at least
ten (10) years;
(b)
ensure that new residential development or redevelopment is physically compatible with the
surrounding area and land use conflicts are minimized;
(c)
ensure the provision of adequate services including water, sanitary sewers, storm drainage;
(d)
ensure, wherever possible, in the design of residential developments, the protection and
enhancement of the natural environment and amenities;
(e)
promote a cost and energy efficient residential development pattern; and
(f)
encourage new residential development and residential infill to locate in designated
Residential areas.
3.3.3
The permitted uses in the Residential area include residential uses, rooming, boarding and lodging
houses including bed and breakfast establishments, group homes and minor private and public open
space facilitates. Home occupations and home professions in accordance with Section 2.5 may also
be permitted and will be evaluated based on their compatibility in terms of scale, design and fit with
the physical character of the residential community.
3.3.4
Small scale institutional and public service facilities uses may be permitted in the Residential area
subject to an amendment to the Zoning By-law provided there is no adverse or negative impact on
the surrounding residential neighbourhood with respect to noise, traffic, parking, etc.
3.3.5
Local convenience commercial uses may be permitted within the Residential area subject to an
amendment to the Zoning By-law. The local convenience commercial uses shall be limited to, and
cater to the day-to-day convenience and shopping needs of the immediate neighbourhood. The local
convenience commercial uses shall be of a size and scale that is compatible with the surrounding
residential uses and shall be subject to site plan control pursuant to Section 41 of the Planning Act.
3.3.6
Residential development or redevelopment shall generally be by plan of subdivision. Consents to
TOWN OF MARATHON OFFICIAL PLAN
42
sever individual parcels will be permitted when development by plan of subdivision is not necessary
to implement the policies of this Plan and the provisions of Section 51(24) of the Planning Act.
3.3.7
In existing built-up residential areas which are relatively stable and where the potential for new
development or redevelopment is limited, the building designs and densities shall be compatible with
the physical character and identity of the surrounding residential lands.
3.3.8
The following standards of residential amenity shall be provided for with any residential development
or redevelopment:
(a)
the provision and maintenance of adequate off-street parking for the development;
(b)
the provision and improvement and/or maintenance of on-site landscaping, parks and
recreational areas;
(c)
the provision and maintenance of adequate separation distances and the placement of buffer
features between residential uses of differing densities and between different types of land
uses; and
(d)
the development is to be adequately served by community facilities such as parks, commercial
uses, churches and school sites.
3.3.9
Low density residential uses shall generally include single detached, semi-detached and duplex
dwellings. The maximum net residential density shall be 14 units per hectare (6 units per acre) in the
serviced area of the townsite of Marathon.
3.3.10 Medium density residential uses shall generally include townhouses, apartments, nursing/seniors
homes and mobile home parks and subdivisions on full municipal services. The maximum net
residential density shall be 30 units per hectare (12 units per acre).
3.3.11 The design and locational criteria for medium density residential development shall include the
following considerations:
(a)
the site should have safe and convenient access to a street so that traffic movements
associated with the development shall be directed away from low density areas;
(b)
densities should not be increased to the point where increased traffic would lead to congestion
and would necessitate road widening prematurely;
(c)
the height, bulk and arrangement of buildings and structures should achieve a harmonious
design and integrates with the surrounding area and not impact negatively on lower density
residential uses;
(d)
schools, parks and other community facilities should be adequate to serve the increased
residential population resulting from the development;
(e)
water and sanitary services and storm drainage facilities shall be adequate to accommodate
the increased residential densities;
(f)
appropriate open space, including landscaping and buffering, shall be provided to maximize
TOWN OF MARATHON OFFICIAL PLAN
43
privacy and minimize the impact on adjacent lower density residential uses;
(g)
on-site parking shall be required to satisfy the need of the particular development. All parking
areas shall be well designed and properly related to the buildings and landscaped areas; and
(h)
service areas shall be required on the site of each development, i.e. garbage storage, etc.
3.3.12 Temporary housing for mine workers may be permitted on the former elementary school site and will
be subject to site plan control pursuant to Section 41 of the Planning Act and be guided by the
following:
(a)
the height, bulk, and arrangement of buildings and structures shall integrate with adjacent land
uses;
(b)
water, sanitary services, and storm drainage shall be adequate to accommodate the
development and storm drainage shall be designed to ensure storm run-off is managed on-site
and does not impact adjacent properties;
(c)
appropriate landscaping and buffering is provided to maximize privacy and minimize impact on
adjacent land uses;
(d)
parking shall be provided on-site and be adequate to meet the needs of the residents and
parking areas shall be well-designed and landscaped;
(e)
adequate service areas and garbage storage shall be provided and appropriately buffered and
screened; and
(f)
at such time as the housing is no longer needed, the temporary housing shall be removed and
the site rehabilitated to its current condition.
3.4
INSTITUTIONAL
3.4.1
It is the intent of this Plan to provide for appropriately located public and private institutions that are
accessible to the people they serve, while not having an adverse effect on the surrounding area.
3.4.2
Community recreational facilities, public and private schools, religious institutions, medical centres,
day care centres and nursery schools, fire halls, government offices, cemeteries and public service
facilities are permitted uses in the Institutional area.
3.4.3
New institutional uses shall be conveniently located and access onto an open year round publically
maintained road and shall be oriented in such a manner so that there is no adverse impacts on
nearby residential uses with regards to parking, traffic and noise.
3.4.4
The Institutional areas of the Town are a site plan control area and institutional uses will be subject to
site plan control pursuant to Section 41 of the Planning Act.
3.5
COMMERCIAL
3.5.1
It is the intent of this Plan to promote business and commerce primarily within those areas
TOWN OF MARATHON OFFICIAL PLAN
44
designated Commercial on Schedules A and B.
3.5.2
It is the objective of the Commercial land use designation to:
(a)
encourage the provision of a sufficient level and variety of retail activity within the Town to
satisfy the consumer demands of the residents;
(b)
promote planned development of business and commercial uses consistent with the needs of
the Town's residents;
(c)
recognize the business district in the townsite of Marathon and to enhance business and
commercial activities within the Town;
(d)
ensure that commercial development does not have negative impacts on adjacent land use,
particularly residential uses; and
(e)
recognize and provide for emerging tourist commercial opportunities.
3.5.3
Commercial uses shall be regulated by separate zone categories in the Zoning By-law. The Zoning
By-law shall require increased side yard and rear yard setbacks and/or appropriate landscaping and
buffering provisions between commercial uses and residential or institutional uses.
3.5.4
When considering an application to establish a commercial use or uses, the Town shall have regard
for the following:
(a)
the compatibility of the proposed use with the surrounding area;
(b)
the physical suitability of the site for the proposed use;
(c)
the adequacy of the existing street system to accommodate access and on-street parking;
(d)
the convenience and accessibility of the site for both pedestrian and vehicular traffic; and
(e)
the adequacy of utilities and water and sewer services.
3.5.5
The commercial areas of the Town are a site plan control area and commercial uses will be subject to
site plan control pursuant to Section 41 of the Planning Act.
3.5.6
The design of all proposed commercial uses shall be in keeping with the character of the surrounding
area. The following design criteria shall apply to the development and redevelopment of all
commercial lands:
(a)
the provision of landscaped areas and all landscaping shall form an integral part of all
commercial developments. Landscaping and tree planting shall be provided to improve the
streetscape, to function as screening and buffering between adjacent uses and for aesthetic
and resting purposes;
(b)
open storage of goods and materials shall only be permitted in accordance with the provisions
of the Zoning By-law;
(c)
loading and unloading areas shall be provided off-street and in the rear or side yard whenever
possible; and
(d)
adequate off-street parking facilities shall be provided in accordance with the provisions of the
Zoning By-law.
TOWN OF MARATHON OFFICIAL PLAN
45
3.5.7
Tourist commercial uses such as hotels, lodges, commercial recreational facilities, marinas and
similar type of uses are permitted as a means to encourage the expansion of the tourism industry in
the Town. These uses shall be permitted subject to the criteria established in Policy 3.5.6 and
provided there is no adverse impact on the surrounding properties relating to traffic, noise and
intensity of use.
3.5.8
Existing residential uses in the Commercial areas shall be permitted.
GENERAL COMMERCIAL AREA
3.5.9
Permitted uses in the General Commercial designation are those uses that serve the residents of
Marathon and include local convenience commercial uses, retail uses, offices, personal services,
restaurants, hotels, commercial recreational facilitates, institutions, and public and government
uses. These uses are generally found in the business district of the townsite of Marathon.
3.5.10 Within the General Commercial designation at the entrance of the townsite along Peninsula Road to
Penn Lake Road, light and prestige industrial uses that support the overall commercial character of
the area may be permitted including warehousing, public utilities, research and development and
technology industries.
3.5.11 It is the policy of this Plan to maintain and promote the General Commercial area. New commercial
development shall not jeopardize the commercial viability of the commercial uses in the commercial
core area of the townsite of Marathon.
3.5.12 New development or redevelopment in the General Commercial area and Council will consider the
use of Community Improvement Plans (CIP's) that will encourage the reuse of vacant or
underutilized commercial lots/buildings shall be sensitive to the character and scale of existing
commercial uses, shall provide adequate off-street parking and shall not generate traffic that will
result in negative impacts on adjacent residential neighbourhoods.
3.5.13 The Town may consider accepting cash-in-lieu for parking spaces from new commercial
developments or commercial redevelopments if adequate parking exists in the vicinity of the
proposed development.
3.5.14 Apartment units may be permitted in conjunction with commercial uses in the General Commercial
area subject to the following criteria:
(a)
the residential use shall not detract from the prime function of the commercial designation;
(b)
amenity areas shall be provided for the residential use and shall be separate from any public
amenity area provided in conjunction with the commercial use; and
(c)
parking shall be provided for the residential use in conjunction with the requirements for the
commercial use as determined in the Zoning By-law.
TOWN OF MARATHON OFFICIAL PLAN
46
3.5.15 It is the intention that as redevelopment occurs on the lands at the entrance to the townsite, in the
enterprise zone, there will be landscaping and urban design improvements that will improve the
public realm and will be required and implemented through site plan control.
HIGHWAY COMMERCIAL AREA
3.5.16 Business and commercial uses permitted within the Highway Commercial area are those uses
located beyond the General Commercial area, are generally located along the Highway 17 corridor
and which require a substantial land area and included uses related to the traveling public and
service commercial uses. Permitted uses include retail uses, service commercial uses, tourist
commercial uses, tourist information centre, automotive related retail uses, automotive, recreation
vehicle and equipment sales and service uses, commercial recreational uses, and public and
government uses.
3.5.17 New development or redevelopment in the Highway Commercial area shall not detract from the
viability of the commercial core area of the townsite of Marathon.
3.5.18 Automobile traffic and adequate parking shall be a major design consideration for Highway
Commercial uses. Effort shall be made to minimize the number of entrances and exits to and from
roads and to segregate service and customer traffic. Where appropriate, joint entrances between
commercial uses shall be encouraged, to minimize traffic conflicts. Highway 17 is under the
jurisdiction of the Ministry of Transportation and is considered to be a controlled access highway.
New access or entrances from Highway 17 are restricted. Any new roads onto Highway 17 must
meet the minimum spacing requirements of the Ministry of Transportation.
3.5.19 Commercial uses along Highway 17 shall be developed in an attractive manner to provide a positive
statement to the Town and open storage shall be prohibited unless it can be demonstrated through
appropriate landscaping and screening that the storage areas will not detract from the character of
the area.
3.5.20 Accessory dwellings may be permitted in the Highway Commercial area for a caretaker, employee or
proprietor of the commercial use, subject to the following criteria:
(a)
the residential use shall not detract from the prime function of the commercial designation;
(b)
amenity areas shall be provided for the residential use and shall be separate from any public
amenity area provided in conjunction with the commercial use; and
(c)
parking shall be provided for the residential use in conjunction with the requirements for the
commercial use as determined in the Zoning By-law.
3.6
INDUSTRIAL
3.6.1
The Industrial designation and the policies are intended to promote development through the
TOWN OF MARATHON OFFICIAL PLAN
47
expansion of the existing industrial base and stimulation of new industrial and employment growth
opportunities. Appropriate areas that accommodate the needs of existing industries through
expansion or relocation and the establishment of new industries are shown on Schedules A and B.
Any Official Plan amendment to convert industrial uses to any other uses must first be subject to a
comprehensive review.
3.6.2
Permitted uses in the industrial designation shall include manufacturing, processing, assembling,
fabricating, servicing, storage of goods and raw materials, warehousing, wholesaling and service
sector industries including transportation, communication, business services, government services,
medical and other health laboratories, and an airport. In addition, mineral exploration, mining,
mineral aggregate resource extraction operations and waste disposal sites are permitted. In
Industrial areas not serviced by municipal water and sewer services, only dry industrial uses will be
permitted.
3.6.3
Uses that are incidental or ancillary to industrial operations, such as retailing or wholesaling, may be
permitted in the Industrial area.
3.6.4
An accessory apartment use may be permitted for the residence of only the owner, manager or
caretaker of an industrial use provided it is limited in size and does not conflict with the main industrial
use.
3.6.5
Within the Industrial designation along Penn Lake Road commercial uses that provide services,
employment and support for the industrial area such as offices, banks, restaurants, service stations
and service retail uses are permitted.
3.6.6
Industrial uses shall have regard for the proximity of residential uses, exposure to major roadways
and the degree to which the industrial use affects the physical and aesthetic characteristics of the
natural environment.
3.6.7
It is the intent of the Industrial designation to:
(a)
expand the Town's existing industrial base by providing lands for continued industrial growth;
(b)
minimize the impact of industrial areas on surrounding areas, particularly on residential uses
and on the natural environment; and
(c)
guide the location of new industrial uses and industrial redevelopment within the Town.
3.6.8
The Industrial area is a site plan control area in the Town and industrial uses will be subject to site
plan control pursuant to Section 41 of the Planning Act.
3.6.9
The Zoning By-law shall regulate industrial uses through the establishment of appropriate industrial
zone categories and shall address among other matters the need for a compatible environment for
TOWN OF MARATHON OFFICIAL PLAN
48
industries free from interference and restriction by other uses and the protection of adjacent uses
from the effects of industry.
3.6.10 Wherever industries, including the railway corridor, abut residential, institutional, recreational or other
sensitive uses, adequate buffering will be required by measures such as landscaping, plantings,
fencing and separation distances in order to minimize the impact of the industrial activity including
visual appearance.
3.6.11 Industrial uses which are exposed to Highway 17 shall be developed in an attractive manner to
provide a positive statement to the Town. To achieve this, building and site design shall have
consideration of the following design standards:
(a)
open storage shall be prohibited unless it can be demonstrated that appropriate landscaping
and screening to shield the open storage areas will not detract from the intended character of
the area;
(b)
parking and loading areas will generally be restricted to side and rear yards;
(c)
all industrial activities will be encouraged to locate within wholly enclosed buildings unless it is
essential for an activity to locate outdoors, in which case the industrial use will be suitably
screened and buffered from the Highway; and
(d)
development or redevelopment of industrial uses shall comply with the applicable standards of
the Ministry of the Environment and Climate Change regarding emissions and noise.
3.6.12 Aggregate extraction operations may be allowed in the Industrial designation area provided that:
(a)
the operation is compatible with surrounding land uses;
(b)
shall be restricted from locating within Groundwater Protection Zones I, II and III;
(c)
adequate buffering is provided;
(d)
an amendment to the Zoning By-law is required;
(e)
a site plan agreement pursuant to Section 41 of the Planning Act is required. The agreement
may address the following matters, but not be limited to:
(i)
hours of operation;
(ii)
location of proposed buildings, machinery and equipment;
(iii)
setbacks, landscaping and buffering;
(iv)
storm water management;
(v)
existing and anticipated final grades of excavation;
(vi)
access/egress;
(vii) haulage routes;
(viii) improvements/maintenance to Town roads as a result of increased truck traffic on
existing roads; and
(ix)
site rehabilitation.
(f)
there is a need for additional aggregate extraction operations;
(g)
the necessary Environmental Compliance Approvals are obtained from the Ministry of
TOWN OF MARATHON OFFICIAL PLAN
49
Environment and Climate Change; and
(h)
no excavation, building, equipment, machinery or stockpiling of material is allowed:
(i)
within 1000 metres of a lot line of an adjacent lot used for residential, recreational,
institutional or commercial purposes, unless it has been demonstrated through an
appropriate study and the application of suitable mitigation measures a distance of less
than 1000 metres can be considered;
(ii)
within 1000 metres of any area designated Residential, unless it has been demonstrated
through an appropriate study and the application of suitable mitigation measures a
distance of less than 1000 metres can be considered;
(iii)
within 30 metres of any road or road allowance; and
(iv)
a quarry with blasting operations is to be setback a minimum of 800 metres from a
residential building.
3.6.13 Aggregate processing operations, such as crushing, screening and washing of aggregate products
are considered an accessory use to an aggregate extraction operation and may be permitted
provided setbacks for buildings, machinery and equipment from lot lines is determined on a site
specific basis in consultation with the Town of Marathon and with the Ministry of the Environment and
Climate Change through the issuance of a Environmental Compliance Approvals. Aggregate
processing operations shall not be allowed within 1000 metres of a lot line of an adjacent lot used for
residential, recreational, institutional or commercial purposes, unless it has been demonstrated
through an appropriate study and the application of suitable mitigation measures a distance of less
than 1000 metres can be considered.
3.6.14 Related aggregate industrial uses such as asphalt plants (except portable asphalt plants), concrete
batching plants and aggregate recycling operations may also be permitted provided they are
compatible with adjacent land uses and subject to an amendment to the Zoning By-law.
3.6.15 The reuse of Industrial land for alternative land uses shall be considered in accordance with the
provisions of Policy 2.22.1.
3.6.16 It is not anticipated that the airport will require an expansion over the life of this Plan. However,
should the Town consider a future expansion of the airport a feasibility study will be required.
3.7
OPEN SPACE - RECREATION
3.7.1
The primary land uses for areas designated Open Space - Recreation as shown on Schedules A and
B shall be for active and passive recreational uses, public and private parks, marina, trailer parks and
campgrounds, golf courses, playing fields, recreational facilities, swimming facilities, playgrounds,
nature trails, wildlife management areas and wind power generation. Located within the Open Space
- Recreation area are two Nature Reserve Class Provincial Parks (Red Sucker Point and Craig's Pit)
which are protected for their significant features and values and permitted uses within these areas
TOWN OF MARATHON OFFICIAL PLAN
50
shall be restricted to educational, research and passive recreational activities.
3.7.2
Small scale commercial uses which are ancillary to and support the permitted recreational and open
space uses may also be permitted and may include uses permitted in the Tourist Commercial Zone
that support tourist commercial opportunities and subject to Policy 3.5.6.
3.7.3
The objectives of the Open Space - Recreation designation is to also preserve and conserve those
lands which are ecologically sensitive and those areas of scenic qualities and to provide community
and cultural facilities to serve the Town's residents.
3.7.4
Open space linkages which access recreational and open space uses in the Town will be
encouraged.
3.7.5
This Plan recognizes the following hierarchy of parks:
(a)
Local Neighbourhood Park - a neighbourhood park approximately 0.4 to 2.0 hectares (1 - 5
acres) in size and serves the surrounding residential neighbourhood area. Facilities may
include a softball diamond, soccer field, playground and passive recreational areas; and
(b)
Community Park - is a park approximately 2.5 to 10 hectares (6 - 25 acres) in size and is often
located in conjunction with a school facility and serves a larger population base than compared
with a neighbourhood park. A community park may include sports fields, tennis courts,
community playgrounds, washrooms, community centre, meeting room/areas and passive
recreational areas.
(c)
Where possible, the Town will seek to have parkland dedications required for development on
waterfront properties to be developed for public use. Where "cash-in-lieu" is taken, the Town
will consider the use of such funds to pick up property for shoreline access.
3.7.6
The dedication of lands or acceptance of cash-in-lieu of the land dedication as a result of new
development or redevelopment of land shall be in accordance with the following requirements:
(a)
the development or redevelopment of land for residential purposes shall be at a standard of
5% of that land being developed or redeveloped; and
(b)
development or redevelopment of land for commercial or industrial purposes shall be at a
standard of 2% of the land being developed or redeveloped.
3.7.7
To ensure that parkland dedications are of an acceptable quality, all sites dedicated as parkland
must be accepted by the Town and satisfy the following criteria:
(a)
be relatively level and are not required for drainage purposes, nor contain lands susceptible to
flooding, having steep slopes or other physical features which are unsuitable for open space or
park development;
(b)
be located within a neighbourhood or community context to provide convenient pedestrian and
vehicular access;
TOWN OF MARATHON OFFICIAL PLAN
51
(c)
provide a reasonable park configuration to accommodate the dimensions and shape of large
playing fields, i.e. soccer fields, baseball fields, etc.;
(d)
have adequate access within the development; and
(e)
be provided with basic service requirements.
3.7.8
Development within areas designated Open Space - Recreation will complement the natural
environment.
3.7.9
Penn Lake is an important recreational resource for the Town and is located within the Groundwater
Protection Zone I, which is considered to be within the groundwater source area for the municipal
water supply. Accordingly, recreational land use activities shall be restricted to ensure the protection
of the surface and groundwater resources. The use of motorized boats and personal watercraft on
Penn Lake shall not be permitted. Rather, boating and water sport activities shall be limited to
non-motorized transport such as canoes, kayaks, wind sail boards, paddle boats, etc.
3.7.10 In areas intended for Open Space - Recreation in the vicinity of the Lake Superior shoreline, the
Town shall cooperate with the Ministry of Natural Resources and Forestry or other relevant agencies,
in their efforts to establish recreational facilities and a functional water oriented open space network.
3.7.11 The Town, in the design and development of parks, open space areas and recreational facilities shall
encourage accessibility for the physically challenged.
3.7.12 Red Sucker Point and Craig's Pit are two Nature Reserve Class Provincial Parks that are designated
as Open Space on Schedule "A" and are subject to the policies and regulations of the Ministry of
Natural Resources and Forestry. The Municipality shall co-operate with the Ministry of Natural
Resources and Forestry or other relevant agencies in establishing recreational facilities and
functional nature and water oriented open space networks.
3.8
NATURAL HAZARD
3.8.1
Natural Hazard lands shall include all lands within 15 metres of the top-of-bank of any watercourse or
water body and to the high water mark along the Lake Superior shoreline, whichever is greater.
Permitted uses within Natural Hazards shall generally include shoreline protection works, floodplain
protection works, fisheries management, and wildlife management.
3.8.2
Natural Hazards shall include all lands:
(a)
within 15 metres of the stable top-of-bank of any watercourse or water body with a defined
valley or bank;
(b)
within 15 metres of the floodplain extent of any watercourse or water body without a defined
valley or bank; or
(c)
below the elevation of 185.1 metres CGVD1928 along the shoreline of Lake Superior, which
TOWN OF MARATHON OFFICIAL PLAN
52
represents the 100-year flood level for Lake Superior plus 1 metre for wave uprush.
3.8.3
The provision of protection works or the dumping of material along the shoreline of the lakes and
rivers in the Town is prohibited without the prior written approval and authorization from the Province
in accordance with the provisions of the Lakes and Rivers Improvement Act and/or the Public Lands
Act and the federal Fisheries Act.
3.8.4
With the exception of docks, boathouses and pump houses, construction shall not normally occur on
Natural Hazards lands.
3.8.5
Proposals for development within Natural Hazard lands, including construction of buildings or
structures, or additions thereto, will be considered on an individual basis, provided that such
proposals are supported by engineered designs and studies demonstrating that the site is safe for
development in spite of naturally occurring hazards, such as flooding and erosion.
3.8.6
Within Natural Hazard lands development, including the erection and/or construction of buildings or
structures or additions thereto, or site alteration, shall not be permitted in any hazardous site or land
that could be unsafe as a result of naturally occurring processes unless it can be demonstrated, to
the satisfaction of the Town that:
(a)
the hazard can be safely addressed in accordance with Policy 3.8.4, and the hazard will not
result in, or pose a reasonable risk of resulting in public health, safety or potential property
damage;
(b)
no new hazards are created or existing hazards aggravated;
(c)
no adverse environmental impacts will result from the development;
(d)
vehicles and people have a way of safely entering and exiting the area during times of flooding,
erosion and other emergencies; and
(e)
the development does not include institutional uses, essential emergency services or the
disposal, manufacture, treatment, or storage of hazardous substances.
3.8.7
No plans to divert, channelize, damn, wall, dredge or in any way alter an inland natural watercourse
through the installation of a culvert, causeway or dock shall proceed without prior written
authorization from the Province. Where required under the federal Fisheries Act prior written
authorization from Fisheries and Oceans Canada the federal Department of Fisheries and Oceans
must also be obtained.
3.8.8
Existing uses shall be recognized despite the natural hazardous characteristics of the land.
Expansions to such uses will be discouraged; however, reconstruction and/or minor alterations to
existing buildings and structures, and additions or extensions which are not likely to incur significant
flood damage, and will not result in impediments to flow or floodwater storage, may be considered by
the Town of Marathon. Where required under the federal Fisheries Act, Lakes and Rivers
TOWN OF MARATHON OFFICIAL PLAN
53
Improvement Act, or the Public Lands Act, prior written authorization must be obtained.
3.8.9
Any applications within Natural Hazards lands shall be carefully reviewed. The Town may require the
proponent of the application to submit supporting studies prepared by qualified professionals as per
criteria specified by the Ministry of Natural Resources and Forestry or the Town of Marathon. There
is no public obligation to either permit development within or to purchase any Natural Hazard lands,
particularly if the environmental hazard would be difficult or costly to mitigate or overcome.
3.8.10 Natural Hazard lands may not be considered acceptable as part of a parkland dedication pursuant to
the Planning Act.
3.8.11 Natural Hazard lands shall be placed in appropriate zone categories in the implementing Zoning
By-law.
3.8.12 Property owners are encouraged to provide a coordinated approach to the use of land and
management of water in areas subject to flooding in order to minimize social disruption in
consultation with the Province.
TOWN OF MARATHON OFFICIAL PLAN
54
SECTION 4 - COMMUNITY SERVICES AND FACILITIES
4.1
GENERAL
4.1.1
The intent of this Plan is to maintain a level of public service that is appropriate for the urban and rural
character and environment of the Town of Marathon. Capacity is available within the water and
sewer treatment service facilities to allow for reasonable expansion of these services within the
townsite of Marathon. It is recognized that municipal servicing in a rural area is generally difficult and
expensive to provide due to dispersed development patterns consistent with the rural character.
4.1.2
The objectives of this section of the Plan is to provide policies that will ensure adequate services are
provided that recognize the Town's financial capabilities and not place undue strain on the Town's
financial resources.
4.1.3
The use of alternative development standards is encouraged for new development and
redevelopment provided that the standard of development allows for flexibility and adaptability in
urban design and housing, enhances the liveability of the proposal, provides cost efficiency in the
delivery of services and supports the principles of environmental sustainability.
4.1.4
In accordance with the hierarchy of services identified in the Provincial Policy Statement, municipal
sewage and water services are the preferred form of servicing, followed by communal sewage and
water services, and, where appropriate and permitted by the Provincial Policy Statement and the
policies of this Plan, individual on-site sewage and water services.
4.1.5
Infrastructure will be planned and designed to ensure long term fiscal sustainability through
advanced design standards, asset management programs, and provisions for efficient, cost-effective
operations.
4.2
ROADS
4.2.1
Safe and efficient movement of people and goods within the Town and to and from adjacent
municipalities is encouraged by this Plan. The road system should safely serve the Town but should
not be developed to a standard or extended beyond which would result in a burden to the residents
and taxpayers of the Town.
4.2.2
The classification of roads in the Town is as follows:
(a)
Provincial Highways - this system of roads applies to the numbered provincial highways under
the jurisdiction of the Ministry of Transportation. Development along provincial highways is
subject to the permit control of the Ministry of Transportation which is obtained prior to
construction or grading taking place on the site. Access to provincial highways is permitted
TOWN OF MARATHON OFFICIAL PLAN
55
provided the entrance meets the minimum safety and geometric requirements of the Ministry
of Transportation; and
(b)
Town Roads - this system of roads applies to all public roads under the jurisdiction of the Town
of Marathon. The Town is responsible for the maintenance of public roads within their
jurisdiction. The primary purpose of the Town roads is to facilitate local travel and areas for
development. Direct access to Town roads is normally permitted from any abutting lot provided
there are adequate sight lines, suitable grades and the access will not cause traffic hazards.
4.2.3
Should the construction of a new road or extension of an existing road be warranted, the road shall
be designed and constructed to meet approved standards, shall include a sidewalk on at least one
side of the road, and the road shall be suitable for assumption into the Town road system.
4.2.4
The Town of Marathon is not responsible for the costs associated with the design and construction of
new roads or the extension of existing roads. These costs are the direct responsibility of the
proponent for the new road and/or road extension.
4.2.5
Unless it is clearly in the public interest, private roads will not be assumed by the Town into the Town
road system.
4.2.6
Maintenance will be provided on all roads under the jurisdiction of the Town of Marathon and the
Ministry of Transportation.
4.2.7
The right-of-way width of Town roads shall generally be a minimum of 20 metres (66 feet). As a
condition of development the Town may require the dedication of road widenings to achieve the 20
metres (66 feet) road right-of-way widths where they presently do not exist. An alternative
right-or-way standard of 18 metres (59 feet) may be considered for minor residential roads.
4.2.8
All new roads developed by the Town shall be planned in accordance with the appropriate Class
Environmental Assessment under the Environmental Assessment Act.
4.2.9
The Town supports creating a second access to the townsite for goods movement purposes and
emergency response planning, however, the feasibility is directly related to the availability of funding.
PROVINCIAL HIGHWAYS
4.210 Provincial highways are roadways under the jurisdiction of the Ontario Ministry of Transportation
(MTO). These roads are designed to facilitate the movement of medium to high volumes of traffic
through the municipality, typically on two to four traffic lanes. Highway 17 is the Provincial Highway
located in the Town.
TOWN OF MARATHON OFFICIAL PLAN
56
4.2.11 Direct access onto a provincial highway will be restricted. Development shall be encouraged to utilize
municipal roads and service roads wherever possible. Where access is a possibility, it will only be
considered to those properties that meet the requirements of the Ministry of Transportation's access
management practices and principles.
4.2.12 In addition to all the applicable municipal requirements, all proposed development located adjacent
to, and in the vicinity of, a provincial highway within the Ministry of Transportation's permit control
area under the Public Transportation and Highway Improvement Act, will also be subject to Ministry
of Transportation's approval. Early consultation with the Ministry of Transportation is encouraged to
ensure the integration of municipal planning initiatives with provincial transportation planning. Any
new areas in the municipality identified for future development that are located adjacent to, or in the
vicinity, of a provincial highway or interchange/intersection within Ministry of Transportation's permit
control area will be subject to Ministry of Transportation's policies, standards and requirements.
4.2.13 A transportation study, otherwise known as a traffic impact study, prepared by a professional and
certified engineer, may be required to address both the impact of any new development upon the
provincial highway system, as well as any associated highway improvements that are required prior
to the approval of the development.
4.2.14 The Ministry of Transportation's policy is one highway entrance for one lot of record. Back lot
development cannot use another entrance for access to a provincial highway.
4.2.15 Any new proposed access connection (i.e. public road or signalized intersection) onto a provincial
highway shall meet the Ministry of Transportation's access management practices and principles.
4.2.16 Any proposals for snowmobiles or trail crossings of provincial highways will require the prior approval
of the Ministry of Transportation. Trails running along the right-of-way of a provincial highway are not
permitted.
4.2.17 A drainage/stormwater management report/plan shall be prepared by the proponent, and reviewed
and approved by the Ministry of Transportation for those developments located adjacent to, or in the
vicinity of, a provincial highway whose drainage would impact the highway and/or downstream
properties.
4.2.18 Outdoor storage and loading areas should be visually screened or appropriately located so as not to
be visible to the traveling public.
4.2.19 Entrances serving home occupations, or businesses located adjacent to provincial highways
requires the approval of the Ministry of Transportation. Typically, the Ministry of Transportation will
require that the property owner obtain an entrance permit and a sign permit if necessary. As a
TOWN OF MARATHON OFFICIAL PLAN
57
condition of these permits, the Ministry of Transportation requires the property owner to acknowledge
that the use of their existing entrance cannot be converted to a commercial entrance in the future
without the review and approval of the Ministry of Transportation, and that an additional entrance will
not be permitted to accommodate the home occupations, or business. In addition, the Ministry of
Transportation would not support a severance that would result in a separate entrance to a business
and one for the retained parcel.
4.2.20 For highway safety reasons, wind turbines located adjacent to a provincial highway will be set back a
minimum distance measured from the limit of the highway property line equal to the distance of the
height of the wind turbine structure plus the length of one blade.
4.3
WATER SUPPLY
4.3.1
All new residential, commercial, institutional and industrial development within the Urban Service
Area of the townsite of Marathon shall be connected to the municipal water supply system. Any water
line extensions outside of the Urban Service Area shall require an amendment to this Plan unless the
service is required to remedy a health concern or resolve a problem with an existing private water
supply system.
It is recognized that the Industrial area along Old Heron Bay Road is partially serviced with municipal
water services. Extensions or improvements to the water service shall only be permitted for infilling
and rounding out of existing development provided that site conditions are suitable for the long-term
provision of such services with no negative impacts. This is supported by Council subject to the
availability of funding and Council will endeavour to seek funding partnerships with other levels of
government.
4.3.2
The need for public water supply to the area outside the Urban Service Area of Marathon is not
considered feasible over the life of this Plan.
4.3.3
The source of water supply in areas beyond the Urban Service Area of the townsite of Marathon is
primarily from private individual wells. Any surface waters used for domestic purposes should be
filtered and treated prior to consumption to meet Ontario Drinking Water Quality Standards.
4.3.4
The responsibility for water supply in those areas outside of the Urban Service Area of Marathon will
be with each property owner.
4.3.5
Individual private wells serve as an adequate supply of water for the rural development of the Town.
It is intended that lot sizes remain large enough to ensure that private wells remain the primary
source of water in the Rural area of the Town.
4.3.6
The Town will not support developments proposed to be serviced by communal water systems.
TOWN OF MARATHON OFFICIAL PLAN
58
4.4
SEWAGE DISPOSAL
4.4.1
All new residential, commercial, institutional and industrial development within the Urban Service
Area of the townsite of Marathon shall be connected to the municipal sanitary sewage treatment
system. Any sewage line extensions outside of the Urban Service Area shall require an amendment
to this Plan unless the service is required to remedy a health concern or resolve a problem with an
existing private septic system.
4.4.2
The Town operates and maintains the sanitary sewage treatment and distribution system in the
Urban Service Area of Marathon. Any development of lands adjacent to the sewage treatment plant
will be subject to the minimum separation distance requirements of the Ministry of the Environment
and Climate Change.
4.4.3
Private individual septic tanks and tile field systems are the primary means of sewage disposal in the
area outside of the Urban Service Area of the townsite of Marathon.
4.4.4
The need for public sanitary sewage disposal in the area outside of the Urban Service Area of the
townsite of Marathon is not considered feasible over the life of this Plan. Therefore, each individual
property owner is responsible for the provision of private sanitary sewage disposal in areas outside of
the Urban Service Area subject to the approval of the appropriate approval authority.
4.4.5
It is intended that lot sizes remain large enough and soil conditions are suitable to allow the safe and
efficient operation of individual private sewage disposal systems. Private individual sewage disposal
systems will remain the primary source of sewage disposal in the Rural area of the Town.
4.4.6
All new individual private sewage disposal systems require the approval of the appropriate approval
authority.
4.4.7
The Town encourages the regular inspection and maintenance of private sanitary sewage disposal
systems to ensure their safe operation. Any private sanitary sewage system that is not functioning
properly or is failing shall be repaired or replaced in accordance with the requirements of the
appropriate approval authority.
4.4.8
The Town will not support developments proposed to be serviced by communal sewage disposal
systems.
4.4.9
Extension of sanitary sewer services to the industrial area along Old Heron Bay Road is supported by
Council subject to the availability of funding and Council will endeavour to seek funding partnerships
with other levels of government.
TOWN OF MARATHON OFFICIAL PLAN
59
4.5
NON-HAZARDOUS SOLID AND LIQUID WASTE DISPOSAL
4.5.1
The Town is involved with undertaking an environmental assessment process in accordance with the
requirements of the Environmental Assessment Act and Environmental Protection Act with respect to
the establishment of a new solid waste disposal facility outside of the townsite. Disposal of waste
shall be in accordance with the Town Waste Management By-law.
4.5.2
The proposed new solid waste disposal site shall be planned in accordance with the requirements of
the Environmental Assessment Act and Environmental Protection Act and should:
(a)
avoid areas of high ground water;
(b)
be restricted from locating within Groundwater Protection Zones I, II and III;
(c)
maintain an adequate separation and buffer from all existing development;
(d)
avoid pollution of the ground water and watercourses;
(e)
require an amendment to the Zoning By-law; and
(f)
be approved by the Ministry of the Environment and Climate Change.
4.5.3
Liquid waste disposal sites may be permitted subject to an amendment to this Plan and provided the
applicant has demonstrated to the satisfaction of the Ministry of the Environment and Climate
Change that the facility may be established without adverse impacts on surrounding land uses and
the natural environment. An Environmental Compliance Approval from the Ministry of Environment
and Climate Change is required for all liquid waste disposal sites.
4.6
RECREATION AND OPEN SPACE
4.6.1
The existing recreation and open space facilities that are available to the residents of the Town are
considered suitable. However, with the closure of the pulp mill and remedial clean-up of the harbour
area, opportunities to increase public waterfront park and open space land is encouraged and the
Town will pursue opportunities to acquire waterfront lands, including Pebble Beach and lands in the
vicinity of the boat launch, for public waterfront park development purposes.
4.6.2
It is the intent to this Plan to encourage the provision of additional public and private recreational and
open space facilities at appropriate locales for use by the Town residents and tourists.
4.6.3
It is the intent of this Plan to encourage the continued development of an expanded and connected
recreational trail system in the Town. Where feasible the Town will work with appropriate special
interests groups and abutting landowners to create trail connectivity to abutting areas including
Pukaskwa National Park.
4.6.4
It is the intent of this Plan, that new public and private recreational opportunities shall not place an
undue financial burden on the Town.
TOWN OF MARATHON OFFICIAL PLAN
60
4.7
COMMUNITY FACILITIES AND SERVICES
4.7.1
The existing services provided by the Fire Department, the Ontario Provincial Police and other
provincial agencies are considered adequate to meet the needs of the residents of the Town.
4.7.2
The existing elementary and secondary school facilities within the Town meet the needs of the
community regarding educational facilities.
4.7.3
It is the policy of this Plan to encourage the joint use of recreational facilities between the community
at large and the school board where appropriate.
4.7.4
There are a number of services in the townsite of Marathon that are accessed by the adjacent First
Nations community of Pic River. It is the policy of the Town of Marathon to maintain a positive
relationship with the Pic River First Nation.
TOWN OF MARATHON OFFICIAL PLAN
61
SECTION 5 - IMPLEMENTATION AND ADMINISTRATION
5.1
THE TOWN'S ROLE IN IMPLEMENTATION
5.1.1
This Official Plan shall be implemented by means of the powers conferred to the Town of Marathon
by the Planning Act and other statutes which may be applicable. In particular, the Plan shall be
implemented through:
(a)
the preparation, adoption and enforcement of the zoning by-laws;
(b)
the preparation, adoption and enforcement of other zoning provisions such as property
maintenance and occupancy standards by-laws, interim control, temporary use by-laws and
holding by-laws;
(c)
the consent and subdivision approval process;
(d)
the site plan control process;
(e)
the development permit process; and
(f)
participation in programs funded by senior levels of government for housing, community
improvement, etc.
5.2
PUBLIC PARTICIPATION
5.2.1
The Town intends that the public be involved in the formulation and implementation of planning
policies. To this end, the Town shall notify and seek the views and participation of the public prior to
making decisions regarding planning amendment applications pursuant to the provisions of the
Planning Act.
5.2.2
The Town may forego public notification and public meetings in connection with a technical Official
Plan or Zoning By-law amendments if such an amendment will not affect the provisions and intent of
the Official Plan, the Zoning By-law or amendments thereto.
5.2.3
Aboriginal communities should be consulted early in the planning process in order to identify
potential issues, opportunities, and mitigation measures for any adverse impacts, prior to finalizing
the application(s).
5.3
STREAMLINING REVIEWS OF PLANNING APPLICATIONS
5.3.1
The Province has implemented a "one window" planning service for provincial review and approval of
certain municipal planning applications at the Ministry of Municipal Affairs and Housing. The "one
window" approach will allow for a coordinated provincial input at the pre-adoption stage. The Ministry
of Municipal Affairs and Housing will rely on the expertise of other ministries as needed.
5.3.2
The Town is also responsible for the implementation of the municipal plan review function as it
relates to matters of provincial interest and will ensure consistency with the Provincial Policy
TOWN OF MARATHON OFFICIAL PLAN
62
Statement when making decisions on such planning items as consent and subdivision of land
applications, zoning by-law and official plan amendments and minor variance applications. Where
appropriate, the Town will rely on the expertise of other ministries and may through the Ministry of
Municipal Affairs and Housing, seek technical support from provincial ministries on matters of
provincial interest.
5.4
OFFICIAL PLAN - AMENDMENTS AND REVIEW
5.4.1
No developments or activities shall occur which contravene the intent and policies of this Plan.
5.4.2
Developments or activities deemed beneficial to the Town, but not in conformity with the Plan, shall
require an amendment to the Official Plan before proceeding.
5.4.3
The Official Plan shall be amended to reflect other municipal policies that may impact on land use
planning matters in the Town.
5.4.4
The Plan shall be subject to a continual review by the Town. Whenever it is necessary to refine
existing policies or amend, delete or add policies based on new information or trends, this shall be
done by amendment to the Official Plan.
5.4.5
The Official Plan shall be subject to a formal review at least once every 5 years pursuant to Section
26 of the Planning Act.
5.4.6
Prior to considering an amendment to this Plan, the Town shall preconsult with the Ministry of
Municipal Affairs and Housing and any other person or public body that Council considers to have an
interest in the amendment, pursuant to Section 17(21) of the Planning Act, to ensure that provincial
and local interests are considered.
5.4.7
Sufficient land is available for growth over the life of the Plan. It is not anticipated that there will be a
need to expand the Urban Service Area. The Urban Service Area is interpreted to have the same
meaning as 'settlement area' in the Provincial Policy Statement. Proposals to expand the Urban
Service Area will require a comprehensive review, under the policies of the Provincial Policy
Statement.
5.5
ZONING BY-LAW
5.5.1
The Zoning By-law divides the lands within the Town into a number of zones, each of which will have
regulations to control the use of the lands and use, character and location of buildings and structures
built upon the land. The Town may also pass a Zoning By-law for the protection of a site of a
significant archaeological resource.
TOWN OF MARATHON OFFICIAL PLAN
63
5.5.2
The Zoning By-law is one of the main methods of implementing the Official Plan policies.
5.5.3
The Zoning By-law shall ensure that all lands within the Town are zoned for purposes compatible
with the Official Plan.
5.5.4
All amendments to the Zoning By-law shall be in conformity with the Official Plan.
5.6
NON-CONFORMING USES
5.6.1
Where a legally existing use of land does not comply with the land use designations and policies of
this Plan, it may be zoned in the Zoning By-law in accordance with the existing use, after due
consideration, provided that:
(a)
the zoning will not permit any change of use or performance standard that may aggravate or
cause conflicts with adjacent complying uses;
(b)
the use of land will not constitute a danger or nuisance to surrounding uses and persons by
virtue of a hazardous nature, poor property conditions, traffic generation or similar
characteristics;
(c)
there is no pollution of air or water to the extent of interfering with the ordinary enjoyment of the
property and surrounding uses;
(d)
the use does not interfere with the desirable development of the surrounding area that is in
conformity with this Plan; and
(e)
where the existing use is discontinued for more than one (1) year, any rezoning may only take
place in accordance with the policies of this Plan.
5.6.2
Non-conforming uses shall cease to exist in the long term.
5.6.3
Extensions or enlargements of the land, building or structure of a legal non-conforming use may be
permitted by a minor variance to the Zoning By-law provided that:
(a)
the proposed extension or enlargement will not unduly increase any existing nuisance as a
result of the use, particularly as it may affect adjacent residential uses; and
(b)
the extension or enlargement will not create any new nuisance in addition to those in existence
as a result of the current use.
5.6.4
The repair or replacement of a legal non-conforming use may be permitted provided that:
(a)
the repair or replacement will not unduly increase any existing nuisance as result of the use,
particularly as it may affect adjacent residential uses; and
(b)
the repair or replacement will not create any new nuisance in addition to those in existence as
a result of the current use.
5.7
FEES
5.7.1
Pursuant to Section 69 of the Planning Act, the Town of Marathon may prescribe tariff of fees through
TOWN OF MARATHON OFFICIAL PLAN
64
a Tariff of Fee By-law for the processing of applications made in respect to planning matters such as
Official Plan amendments, Zoning By-law amendments, Consents, Subdivisions, Site Plan Approval,
Minor Variances, or any other planning matter.
5.7.2
The Tariff of Fee By-law shall prescribe the fees to be charged for processing applications in respect
of planning matters and shall indicate the authority to which the fee is payable.
5.8
MINOR VARIANCE
5.8.1
The Town may approve minor variances for relief from regulations to the Zoning By-law, in
accordance with Section 45 of the Planning Act, the rules of procedure and regulations issued by the
Minister under the Planning Act and the policies of this Plan.
5.8.2
The Town may also approve minor variances to other by-laws, such as Interim Control by-laws and
the Property Maintenance and Occupancy Standards By-law.
5.9
SITE PLAN CONTROL
5.9.1
The Official Plan may be implemented through the use of site plan control subject to the provisions of
Section 41, of the Planning Act. All of the area affected by the Official Plan shall be deemed to be a
site plan control area with the exception of single and two unit residential dwellings.
5.9.2
The goals of implementing site plan control are to:
(a)
ensure safe and efficient vehicular and pedestrian patterns;
(b)
ensure that development will not have a detrimental visual impact on adjacent uses;
(c)
ensure industrial and commercial developments do not reduce the enjoyment of adjacent
lands;
(d)
ensure parking, storage, loading facilities and garbage disposal areas are located in a manner
that does not negatively impact on traffic flows or create adverse visual impacts; and
(e)
ensure on-site drainage and grading is adequately provided; and
(f)
ensure development is situated away from hazard lands.
5.9.3
A Site Plan Control By-law may require site plans and/or detailed drawings of a proposed
development to be submitted for approval by the Town. Such site plans and/or drawings will show
any or all the required information deemed necessary from the items listed in policy 5.9.4.
5.9.4
Prior to the issuance of a building permit, the applicant may be required to enter into a site plan
agreement with the Town which may address one or more of the following matters:
(a)
widenings to any roads or highways that abut the lands subject to the application. Any
proposed widenings requested must be shown on the site plan drawing;
(b)
provision of sufficient parking, access driveways and similar matters;
(c)
the construction of walkways, ramps and pedestrian access;
TOWN OF MARATHON OFFICIAL PLAN
65
(d)
proper lighting of buildings and lands;
(e)
the provision of adequate landscaping and buffering in the form of trees, shrubs, walls, and
berms;
(f)
storage and collection areas and other facilities and enclosures for the storage of garbage and
other waste material;
(g)
the conveyance of any easements for the construction, maintenance and improvements of any
drainage works, water works and other public utilities;
(h)
adequate grading, drainage and management of surface storm water and waste water from
the lands, buildings or structures;
(i)
the location of all buildings and structures to be erected and the location of all facilities and
works to be provided in conjunction with the buildings and structures;
(j)
matters relating to exterior design including scale, massing, appearance, and architectural
design of buildings and their sustainable design; and
(k)
sustainable design elements on adjoining municipal roads including the planting of trees,
shrubs, hedges, or other ground cover, permeable paving materials, street furniture, curb
ramps, waste recycling containers, and bicycle parking facilities.
5.10 HOLDING PROVISIONS
5.10.1 In accordance with Section 36 of the Planning Act, the Town may approve a by-law which identifies a
use of land but prohibits the actual development of this land until a later date when identified
conditions have been met.
5.10.2 During the interim period, when the holding provision is in place, uses permitted on the affected lands
are limited to existing uses only.
5.10.3 Prior to removal of the holding symbol, the Town must be satisfied that the following conditions,
where applicable, have been met:
(a)
the servicing requirements for the subject lands are in place;
(b)
that any impacts on surrounding lands can be mitigated through the use of site plan
control or other design requirements;
(c)
that a site plan agreement or subdivision agreement has been executed in accordance with
the policies of this Plan and the Planning Act; and
(d)
that existing mine hazards have been rehabilitated to the satisfaction of the Province;
(e)
that an archaeological assessment, to the satisfaction of the Province, has been undertaken
by an archaeologist licensed under the Ontario Heritage Act, and any significant
archaeological resources have been conserved by removal and documentation, or
preservation on site, to the satisfaction of the Province; or
(f)
that site contamination or other environmental constraints have been appropriately addressed.
5.10.4 It shall be the responsibility of the applicant requesting the removal of the holding symbol to
TOWN OF MARATHON OFFICIAL PLAN
66
demonstrate that the conditions for the removal of the holding symbol have been satisfied.
5.11 INTERIM CONTROL
5.11.1 In areas where the Town wishes to review the existing land uses or establish new planning policies
and where a study of land use planning policies for the area has been directed, the Town may
approve an Interim Control By-law.
5.11.2 The Interim Control By-law restricts the use of lands to its present use until the required studies are
completed, at which time the Official Plan and/or Zoning By-law may require an amendment to reflect
the findings of the study and desired use.
5.11.3 Pursuant to Section 38 of the Planning Act the length of time the Interim Control By-law is in effect
shall be specified in the by-law and shall not exceed one (1) year from the date of approval of the
by-law. The Interim Control By-law may be amended to extend the period of time the by-law is in
effect provided the total period of time does not exceed two (2) years from the approval of the by-law.
5.12 TEMPORARY USE BY-LAWS
5.12.1 Pursuant to Section 39 of the Planning Act, the Town of Marathon may approve the use of land,
buildings or structures for a temporary use not considered to be of a permanent nature which will not
preclude the future development of any lands for their most appropriate use, as defined by the
Official Plan.
5.12.2 The Town shall consult with property owners and any other agencies or individuals who might have
knowledge of when conditions might suit the development of the property, in accordance with the
Official Plan and Zoning By-law, prior to approval of a Temporary Use By-law.
5.12.3 Only uses which will not create land use conflicts or disrupt the use and development of neighbouring
properties shall be authorized by Temporary Use By-laws.
5.12.4 Notwithstanding the policies of this Plan, temporary uses that are not otherwise permitted by the
Official Plan and the Zoning By-law as permanent uses may be permitted by Temporary Use
By-laws, subject to the above.
5.13 IMPLEMENTING COMMUNITY IMPROVEMENT POLICIES
5.13.1 The Town of Marathon shall attempt to use all possible means to implement Community
Improvement Policies and these shall include:
(a)
participation in and support for Federal and Provincial community improvement programs;
(b)
use of authority granted under Section 28 of the Planning Act, to designate a Community
Improvement Project Area, develop Community Improvement Plans and acquire and
TOWN OF MARATHON OFFICIAL PLAN
67
redevelop land;
(c)
enforcement of the Property Maintenance and Occupancy Standards By-law; and
(d)
encouragement of activities aimed at developing the economic viability, brownfields
redevelopment and attractiveness of the Town.
5.13.2 The townsite of Marathon is identified as a Community Improvement Area.
5.14 PARKLAND DEDICATION
5.14.1 The dedication of lands or acceptance of cash-in-lieu of the land dedication for recreational purposes
as a result of new development or redevelopment of land shall be in accordance with the following
requirements:
(a)
the development or redevelopment of land for residential purposes may require a land
dedication to the Town at a standard of 5% of that land being developed or redeveloped or
cash-in-lieu based on 5% of the value of the land; and
(b)
development or redevelopment of land for commercial or industrial purposes may require a
land dedication to the Town at a standard of 2% of the land being developed or redeveloped or
cash-in-lieu based on a value of 2% of the land.
5.14.2 To ensure that parkland dedications are of an acceptable quality, all sites dedicated as parkland
must be accepted by the Town and satisfy the following criteria:
(a)
be relatively level and are not required for drainage purposes, nor contain lands susceptible to
flooding, having steep slopes or other physical features which are unsuitable for open space or
park development;
(b)
be located within the community context to provide convenient pedestrian and vehicular
access;
(c)
provide a reasonable park configuration to accommodate the dimensions and shape of large
playing fields, i.e. soccer fields, baseball fields, etc.;
(d)
have adequate access;
(e)
be provided with basic service requirements; and
(f)
be developed in accordance with the Town's parkland standards.
5.15 PROPERTY MAINTENANCE AND OCCUPANCY STANDARD BY-LAW
5.15.1 The Town is committed to the maintenance and development of a safe, healthy and attractive
environment. The Town may adopt a By-law pursuant to the Building Code Act, which sets out
standards for the maintenance and occupancy of property and prohibits the use of property which
does not conform with the standards. The By-law shall require that all substandard properties be
repaired in conformance with the By-law or be cleared of all buildings, debris, structures or refuse
and left in a graded and levelled condition. The By-law shall specify the manner in which the By-law
will be administered and enforced.
TOWN OF MARATHON OFFICIAL PLAN
68
5.15.2 The above By-law may address the following items:
(a)
the physical condition of yards and passageways, including an accumulation of debris and
rubbish and discarded motor vehicles and trailers;
(b)
the adequacy of sanitation, including drainage, waste disposal and garbage;
(c)
the physical condition of accessory buildings; and;
(d)
the physical condition of all buildings and dwellings.
5.15.3 After passing the above By-law, a Property Standards Officer shall be appointed and a Property
Standards Committee shall be established.
5.16 AGENCY NAMES AND RESPONSIBILITIES AND LEGISLATION
5.16.1 From time to time, the names of various government ministries and agencies may change. In
addition, responsibilities may shift from ministry to ministry. The names of the various ministries
responsible for the programs, regulations and approvals are given in this Plan as of the date of
adoption of this Plan. It is not intended to amend this Plan each time a change in name or
responsibility occurs. Rather, this Plan shall be interpreted so as to refer to those agencies named, or
their successors, as conditions dictate.
5.16.2 From time to time Provincial and Federal statutes are amended and section numbers are changed. It
is not intended to amend this Plan each time such a change is made. This Plan shall be interpreted
so as to refer to legislation as amended from time to time.
5.17 LAND USE BOUNDARIES
5.17.1 It is intended that the boundaries of the land use designations, shown on the attached Schedule, be
considered as approximate and absolute only where bounded by public roads, rivers, streams or
other similar geographical barriers. Therefore, amendments to the Plan will not be required in order
to make minor adjustments to the approximate land use boundaries, provided that the general intent
of the policies is preserved. Such minor deviations will not be reflected on the Schedules.
5.18 REQUIREMENTS FOR PRE-CONSULTATION
5.18.1 The Planning Act permits the Town to require applicants to consult with the Town prior to formal
submission of planning applications. Applicants shall consult with the Town in advance of submission
of an application for:
(a)
An Official Plan Amendment;
(b)
A Zoning By-law Amendment;
(c)
A Plan of Subdivision;
(d)
A Site Plan;
(e)
Minor Variance
(f)
Consent; and
TOWN OF MARATHON OFFICIAL PLAN
69
(g)
Any other plan.
5.18.2 Pre-consultation will determine what is required to be submitted for a complete application and will
provide an opportunity to discuss the nature of the application, the need for supporting studies, and
the planning approvals process. Where appropriate, pre-consultation may also require the
involvement of the Province.
5.18.3 If an application is submitted without pre-consultation, adequate supporting information and/or
reports, and any application review fees required by the Town, the Application may be deemed
incomplete. In addition to the information and materials required under the Planning Act and any
other legislation or regulation, additional information in the form of studies or assessments may be
required to consider a planning application complete. Depending on the nature of the proposed
development and planning application, the Town may require the following studies or additional
information to deem applications complete and to properly evaluate a development application. The
Town shall review all reports and studies and may also require a peer review by an appropriate public
agency or by a qualified, professional consultant retained by the Town at the applicant's expense.
Any such studies, or peer reviews thereof, shall be at the expense of the applicant/proponent:
(a)
Planning Rationale/Justification Report
(b)
Cultural Heritage Evaluation Report or Cultural Heritage Impact Assessment
(c)
Environmental Impact Study
(d)
Transportation Impact Study
(e)
Minimum Distance Separation
(f)
Servicing Options Study
(g)
Drainage/Stormwater Management Report/Plan
(h)
Geotechnical Study
(i)
Hydrogeological Study
(j)
Erosion and Sediment Control Plan
(k)
Noise/Vibration Study
(l)
Noise Control Study (Airport)
(m) Obstacle Limitation Surfaces (Airport Zoning Regulations)
(n)
Sun-Shadow Study
(o)
Fisheries Assessment
(p)
Shoreline Riparian Control Study
(q)
Archaeological Assessment
(r)
Water Quality Report
5.18.4 Should a Stormwater Management Plan may be required, it shall be based on terms of reference
developed in consultation with the Town and the MOECC Stormwater Management Planning and
Design Manual (2003) as amended.
TOWN OF MARATHON OFFICIAL PLAN
70
5.18.5 Where required, an Environmental Impact Study (EIS) shall be prepared by an individual(s) with
appropriate environmental qualifications. The EIS shall include but not be limited to:
(a)
a description of the existing natural environment, including natural features and ecological
functions, that may be affected by the proposed development;
(b)
a description of the potential impacts of the proposed development on the natural features and
the ecological functions for which the area is identified;
(c)
suggested development alternatives that would avoid these impacts or, if impacts cannot be
avoided, recommended mitigation measures, including proposed implementation methods;
and
(d)
recommended monitoring activities.
5.18.6 Where required, no planning approval will be granted until an Environmental Impact Study has been
completed to the satisfaction of Council. Where necessary, other agencies or individuals with
environmental expertise may be consulted to assist in the review of an Environmental Impact Study.
TOWN OF MARATHON OFFICIAL PLAN
71
SCHEDULES
OS
OS
M
OS
M
OS
M
I
M
M
I
OS
M
M
R
M
EP
I
I
M
R
OS
R
GC
M
R
GC
M
M
M
R
M
OS
R
I
R
HC
GC
M
M
R
M
M
HC
HC
R
R
M
R
OS
OS
R
R
OS
R
OS
R
R
R
R
R
R
R
R
R
OS
R
R
R
R
R
R
R
R
R
R
R
R
R
R
HC
I
R
R
R
OS
R
R
R
R
GC
OS
R
I
R
R
I
R
GC
R
OS
I
Ru
R
R
GC
I
I
R
OS
R
R
R
R
R
OS
R
R
R
R
R
R
R
R
R
R
OS
R
R
R
R
GC
RR
GC
HC
GC
OS
OS
R
OS
R
R
GC
OS
R
R
R
R
R
GC
R
GC
R
GC
R
R
R
I
OS
I
GC
R
R
R
R
R
OS
OS
R
R
GC
R
R
R
M
R
GC
R
I
R
GC
R
R
R
R
OS
R
PROVINCIAL HIGHWAY 17
PROVINCIAL HIGHWAY 627
PROVINCIAL HIGHWAY 17
PROVINCIAL HIGHWAY 17
Printed
Oct 26, 2016
Quartek
TOWN OF MARATHON,
OFFICIAL PLAN
±
Legend
ROADS
RAILWAY
STREAMS
General Commercial (GC)
Highway Commercial (HC)
Industrial (M)
Institutional (I)
Residential (R)
Rural (Ru)
Open Space (OS)
Environmental Protection (EP)
MUNICIPAL BOUNDARY
WETLAND
LAKES
LAKE SUPERIOR
Project No.
11874
750
0
750
1,500
375
Meters
2,400
0
2,400
4,800
1,200
Feet
SEE SCHEDULE 'B'
JELLICOE
COVE
SKIN
ISLAND
BLONDIN
ISLAND
HAWKINS
ISLAND
BEATTY
COVE
CARDEN
COVE
SCHEDULE 'A'
LAND USE
LAKE SUPERIOR
Projection:
Transverse Mercator
NAD 1983 UTM - Zone 15N
Ru
Ru
Ru
Ru
Ru
Ru
Ru
Ru
Ru
OS
OS
I
M
M
I
OS
M
M
R
R
I
I
M
R
OS
OS
OS
R
GC
R
R
M
R
GC
M
OS
R
R
OS
OS
R
I
R
R
GC
M
R
R
M
R
R
R
R
R
R
R
OS
R
M
R
R
R
R
R
R
R
R
R
R
R
R
R
I
R
R
R
R
OS
R
R
R
R
R
GC
OS
R
I
R
R
I
R
GC
R
OS
I
Ru
R
R
GC
I
I
R
OS
R
R
R
R
R
R
R
R
R
R
R
M
R
R
R
R
OS
R
R
R
R
GC
R
R
GC
HC
GC
OS
OS
R
OS
R
R
GC
OS
R
R
R
R
R
GC
R
GC
R
GC
R
R
R
I
OS
I
GC
R
R
R
R
R
OS
OS
R
R
OS
GC
R
R
R
R
M
R
R
GC
R
R
I
GC
GC
R
GC
OS
R
R
R
R
R
R
R
R
R
R
OS
R
PENINSULA ROAD
HEMLO DRIVE
PENN LAKE ROAD
YAWKEY AVENUE
STEEDMAN DRIVE
CHISHOLM TRAIL
OLD HERON BAY ROAD
BIRCH DRIVE
SUND CRESCENT
HOWE STREET
STEVENS AVENUE
MICHANO DRIVE
ROSS AVENUE
NICOLET DRIVE
WINTON STREET
DRAKE STREET
CEDAR WALK
ONTARIO STREET
GILBERT STREET
MCFARLAND STREET
GODFREY DRIVE
LLOYD IRWIN STREET
WOODSON STREET
ASPENDALE DRIVE WEST
MCKENZIE STREET
TRAILER PARK STREET
JACKSON CRESCENT
BASTEDO CRESCENT
MCLEOD DRIVE
MCCULLOUGH STREET
COVENEY STREET
PINEWOOD WALK
VAN HORNE CRESCENT
KING STREET
SPRUCE COURT
GRAHAM CRESCENT
POPLAR CRESCENT
LAURIER STREET
LA VERENDRYE CRESCENT
LYNX ROAD
ABRAMS STREET
MANITOBA STREET
EVERGREEN DRIVE
RADISSON CRESCENT
ASPENDALE DRIVE EAST
JONES STREET
STEVENS AVENUE
WINTON STREET
INDUSTRIAL COURT
BISSELL STREET
GULLWING STREET
WHITMAN COURT
NUGGET STREET
CROY COURT
ARMOUR STREET
BROWN STREET
STEWART STREET
MILL ROAD
GRIGGS STREET
JOHNSTON STREET
ASPENDALE DRIVE
STATION STREET
Printed
Oct 26, 2016
Quartek
TOWN OF MARATHON,
OFFICIAL PLAN
±
Projection:
Transverse Mercator
NAD 1983 UTM - Zone 15N
Legend
ROADS
RAILWAY
STREAMS
URBAN SERVICE AREA
General Commercial (GC)
Highway Commercial (HC)
Industrial (M)
Institutional (I)
Residential (R)
Rural (Ru)
Open Space (OS)
Environmental Protection (EP)
WETLAND
LAKES
LAKE SUPERIOR
Project No.
11874
150
0
150
300
75
Meters
500
0
500
1,000
250
Feet
SCHEDULE 'B'
LAND USE
URBAN SERVICE AREA
JELLICOE
COVE
SKIN
ISLAND
LAKE SUPERIOR
LAKE SUPERIOR
"
"
"
"
"
³
³
!
!
!
"
"
X
!
!
"
"
"
!
"
³
³
!
"
"
³
"
³
"
"
!
"
"
!
"
"
!
"
!
"
"
"
"
!
!
!
"
"
"
"
"
!
³
!
"
³
³
"
"
!
³
³
"
"
!
"
"
"
³
³
"
"
!
³
!
"
"
"")
"
"
³
!
³
!
³
"
³
³
"
"
"
³
"
!
"
"
X
"
"
"
"
"
!
X
"
X
!
!
³
³
³
!
"
!
³
"
"
"
"
!
"
!
"
³
"
!
!
"
"
!
!
!
³
³
"
"
"")
"
³
"
"
"
X
³
³
!
³
!
³
³
X
!
"")
!
³
!
"
³
X
³
"
!
"
³
"
"
"
"
"
!
!
kj
kj
kj
!?
!?
!?
!?
!?
!?
!?
!?
#*
#*
#*
^_
^_
^_
#*
#*
^_
#*
#*
#*
#*
#*
#*
#*
#*
#*
#*
P
RO
VINC
IA
L
HIGHWAY 17
PR
OVINCIA
L HIGHWAY
1
7
PROVINCI
AL HIGHWAY
17
PR
O
V
INCI
AL HIGHWAY 6
2
7
PENINSULA ROAD
OLD HERON BAY ROAD
Printed
Oct 26, 2016
Quartek
TOWN OF MARATHON,
OFFICIAL PLAN
±
Legend
MINERAL DEPOSITS
^_
Producing Mine
^_
Past Producing Mine w/o Reserves
^_
Past Producing Mine w/ Reserves
#*
Developed Prospect w/o Reserves
#*
Developed Prospect w/ Reserves
#*
Prospect
#*
Occurrence
#*
Discretionary Occurrence
!?
MINE HAZARDS
kj
RESOURCE CONSTRAINT
MINING CLAIMS
!
Patent, Surface and Mining Rights
³
Patent, Surface Rights Only
¡
Patent, Mining Rights Only
"
Lease, Surface and Mining Rights
"")
Lease, Surface Rights Only
"")
Lease, Mining Rights Only
X
License of Occupation, Surface and
Mining Rights
Y
#
License of Occupation, Surface Rights
Only
PROVINCIAL HIGHWAY
MUNICIPAL ROAD
RAILWAY
STREAMS
PGM SITE
MUNICIPAL BOUNDARY
PARCEL FABRIC
WETLAND
LAKES
PITS AND QUARRIES
MTO PITS AND QUARRIES
PROVINCIAL_PARKS
LAKE SUPERIOR SHORELINE
ENHANCED MANAGEMENT AREA
WASTE SITE - CLOSED
WASTE SITE - OPERATING
MERCURY CAPPED AREA
COARSE SAND
MEDIUM SAND
SELECTED SAND AND GRAVEL
RESOURCE AREAS
PRIMARY
SECONDARY
TERTIARY
Project No.
11874
SCHEDULE 'C'
750
0
750
1,500
375
Meters
2,500
0
2,500
5,000
1,250
Feet
RESOURCES AND
CONSTRAINTS MAP
JELLICOE
COVE
SKIN
ISLAND
BLONDIN
ISLAND
HAWKINS
ISLAND
BEATTY
COVE
CARDEN
COVE
LAKE SUPERIOR
Projection:
Transverse Mercator
NAD 1983 UTM - Zone 15N
PROPOSED
PGM MINE
RED SUCKER POINT
PROVINCIAL NATURE RESERVE
CRAIG'S PIT
PROVINCIAL NATURE RESERVE
HERON BAY
LANDFILL
PENINSULA ROAD
HEMLO DRIVE
OLD HERON BAY ROAD
PROVINCIAL HIGHWAY 17
PENN LAKE ROAD
YAWKEY AVENUE
STEEDMAN DRIVE
CHISHOLM TRAIL
BIRCH DRIVE
SUND CRESCENT
HOWE STREET
STEVENS AVENUE
MICHANO DRIVE
ROSS AVENUE
NICOLET DRIVE
WINTON STREET
DRAKE STREET
CEDAR WALK
ONTARIO STREET
GILBERT STREET
MCFARLAND STREET
GODFREY DRIVE
LLOYD IRWIN STREET
WOODSON STREET
ASPENDALE DRIVE WEST
INDUSTRIAL COURT
MCKENZIE STREET
JACKSON CRESCENT
BASTEDO CRESCENT
MCCULLOUGH STREET
COVENEY STREET
BISSELL STREET
VAN HORNE CRESCENT
GRAHAM CRESCENT
POPLAR CRESCENT
LAURIER STREET
LA VERENDRYE CRESCENT
LYNX ROAD
NUGGET STREET
MANITOBA STREET
EVERGREEN DRIVE
RADISSON CRESCENT
JONES STREET
STEWART STREET
STEVENS AVENUE
PROVINCIAL HIGHWAY 17
WINTON STREET
Printed
Oct 26, 2016
Quartek
TOWN OF MARATHON,
OFFICIAL PLAN
±
Legend
ROADS
RAILWAY
STREAMS
GROUNDWATER PROTECTION ZONE 1
!
!
!
!
!
!!
!
!
GROUNDWATER PROTECTION ZONE 2
GROUNDWATER PROTECTION ZONE 3
PARCEL FABRIC
WETLAND
LAKES
LAKE SUPERIOR
Project No.
11874
SCHEDULE 'D'
250
0
250
500
125
Meters
750
0
750
1,500
375
Feet
GROUNDWATER PROTECTION
JELLICOE
COVE
SKIN
ISLAND
LAKE SUPERIOR
Projection:
Transverse Mercator
NAD 1983 UTM - Zone 15N
TOWN OF MARATHON OFFICIAL PLAN
76
APPENDICES
TOWN OF MARATHON OFFICIAL PLAN
77
APPENDIX A
Definitions
Archaeological Resources: includes artifacts, archaeological sites, marine archaeological sites, as defines
under the Ontario Heritage Act. The identification and evaluation of such resources are based upon
archaeological fieldwork undertaken in accordance with the Ontario Heritage Act.
Areas of Archaeological Potential: means areas with the likelihood to contain archaeological sites, as defined
under the Ontario Heritage Act. The identification and evaluation of such resources are based upon
archaeological fieldwork undertaken in accordance with the Ontario Heritage Act.
Areas of Mineral Potential: means areas favourable to the discovery of mineral resources due to geology, the
presence of known mineral deposits or other technical evidence. Areas of mineral potential are identified
using acceptable scientific methodology.
Built Heritage Resource: means a building, structure, monument, installation or any manufactured remnant
that contributes to a property's cultural heritage value or interest as identified by a community, including an
Aboriginal community. Built heritage resources are generally located on property that has been designated
under Parts IV or V of the Ontario Heritage Act, or included on local, provincial and/or federal registers.
Contaminated Site: means land that is contaminated from past land use activities relating to, but not limiting
to, industrial uses, transportation or utility purposes including municipal and Ministry of Transportation
refuelling yards, waste disposal sites, and commercial uses such as gas stations, auto repair shops and lands
where filling has occurred.
Cultural Heritage Landscape: means a defined geographical area that may have been modified by human
activity and is identified as having cultural heritage value or interest by a community, including an Aboriginal
community. The area may involve features such as structures, spaces, archaeological sites or natural
elements that are valued together for their interrelationship, meaning or association. Examples may include,
but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; villages,
parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways, viewsheds, natural
areas and industrial complexes of heritage significance; and areas recognized by federal or international
designation authorities (e.g. a National Historic Site or District designation, or a UNESCO World Heritage
Site).
Cultural Heritage Resource: means a defined geographic area of heritage significance which has been
modified by human activities. Such an area is valued by a community and is of significance to the
understanding of the history of a people or place.
Development: means the creation of a new lot, a change in land use, or the construction of buildings and
structures, requiring approval under the Planning Act, but does not include: activities that create or maintain
infrastructure authorized under and environmental assessment process, or works subject to the Drainage
Act.
Floodway: means that portion of the river or stream system floodplain where development and site alteration
would cause a danger to public health and safety or property damage. Uses which by their nature must be
TOWN OF MARATHON OFFICIAL PLAN
78
located within the floodway, flood or erosion control works or non-structural works that do not affect flood
flows are permitted in the floodway.
Garden Suites: means a one-unit detached residential structure containing bathroom and kitchen facilities
that are ancillary to existing residential structures and that are designed to be portable. Garden suites are
also commonly known as granny flats. They provide an affordable housing option that supports changing
demographics, allows for aging in place, and provides opportunities for some of the most reasonably priced
accommodation.
Hazard Lands: means property or lands which could be unsafe for development due to naturally occurring
processes or hazards. Along the shoreline of lakes, rivers and stream systems this means lands covered by
water to the farthest landward limit of the flooding and erosion hazard limits and would also include unstable
soils such a sensitive marine clays (leda clay) and unstable bedrock (karst topography).
Heritage Attributes: means the principal features or elements that contribute to a protected heritage
property's cultural heritage value or interest, and may include the property's built or manufactured elements,
as well as natural landforms, vegetation, water features, and its visual setting (including siginifican views or
vistas to or from a protected heritage property).
Home Occupation: means the use of part of a dwelling unit for an occupation, trade, craft or business which is
clearly secondary to the main residential use of the dwelling unit, carried on entirely within part of a dwelling
unit by at least 1 of the permanent residents of such dwelling unit for gain, profit or reward, and does not
compete with existing businesses in the commercial areas of the Town. A home occupation shall be licenced
in accordance with the Business Licence By-law and shall include such home occupations as dressmaking,
molding, painting, sculpting, weaving, engraving, and instruction in arts, crafts and music.
Home Profession: means the use of part of a dwelling unit for service or profession by at least 1 of the
permanent residents of such dwelling unit, is clearly secondary to the main residential use of the dwelling unit
for gain, profit or reward, and does not compete with existing businesses in the commercial areas of the
Town. A home profession shall be licenced in accordance with the Business Licence By-law and shall include
such home professions as surveying, engineering, architecture, accounting, shoe and leather working and
repairs, real estate, bookkeeping, and computer services.
Infrastructure: means physical structures that form the foundation for development. Infrastructure includes
sewage and water works, waste management systems, electrical power, communications, transit and
transportation corridors and facilities, and oil and gas pipelines and associated facilities.
Mine Hazards: means any feature of a mine as defined under the Mining Act, or any related disturbance of the
ground that has not been rehabilitated.
Mineral Deposits: means an unusually large or rich concentration of valuable minerals identified within a
small part of the earth's crust.
Mineral Mining Operation: means mining operations and associated facilities, or past producing mines with
remaining mineral development potential that have not been permanently rehabilitated to another use.
TOWN OF MARATHON OFFICIAL PLAN
79
Minerals: means metallic and non-metallic minerals, but does not include mineral aggregates or petroleum
resources.
Natural Heritage Features: means features and areas such as significant wetlands, fish habitat, significant
portions of a habitat or endangered and threatened species, significant wildlife habitat and significant areas of
natural and scientific interest which are important for their environmental and social values as a legacy of the
natural landscape of an area.
Protected Heritage Property: means property designated under Parts IV, V or VI of the Ontario Heritage Act;
property subject to a heritage conservation easement under Parts II of IV of the Ontario Heritage Act; property
identified by the Province and prescribed public bodies as provincial heritage property under the Standards
and Guidelines for Conservation of Provincial Heritage Properties; property protected under federal
legislation, and UNESCO World Heritage Sites.
Public Service Facilities: means land, buildings and structures for the provision of public services, but does
not include infrastructure.
Public Works: means any improvement, structural work or undertaking that is within the jurisdiction of
Council, a local board, a ministry, department, board, commission, agency or official of the provincial or
federal government or a First Nation.
Residential Intensification: means the creation of new residential unit or accommodation in existing buildings
or on previously developed, serviced land and includes infill, accessory apartments and rooming houses.
Rural Residential Use: means a residential use located in the rural area that is a principal residence, intended
to be occupied on a year round basis, and is privately serviced by individual sewage and water systems.
Seasonal Residential, Waterfront Residential or Cottage Residential Use: means a recreational residential
use located in the rural area that is not a principal residence, intended to be occupied on a seasonal or part
time basis for recreational purposes and is privately serviced by individual sewage and water systems.
Sensitive Land Uses: means buildings, amenity areas, or outdoor spaces where routine or normal activities
occurring at reasonably expected times would experience one or more adverse effects from contaminant
discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built
environment. Examples may include, but are not limited to: residences, day care centres, and educational
and health facilities.
Significant: means in regard to cultural heritage and archaeology, resources that have been determined to
have cultural heritage value or interest for the important contribution they make to our understanding of the
history of a place, an event, or a people.
Waste Management System: means sites and facilities to accommodate solid waste from one or more
municipalities and includes landfill sites, recycling facilities, transfer stations, processing sites and hazardous
waste depots.
Woodlands: means treed areas that provide environmental and economic benefits such as erosion
TOWN OF MARATHON OFFICIAL PLAN
80
prevention, water retention, provision of habitat, recreation, and the sustainable harvest of woodland
products. Woodlands include treed areas, woodlots or forested areas and vary in their level of significance.
TOWN OF MARATHON OFFICIAL PLAN
81
APPENDIX B
Category "A", "B" and "C" Industrial Land Uses That May Pose a Risk of
Contamination of the Groundwater Aquifer of the Municipal Water Supply
CATEGORY "A" INDUSTRIAL LAND USES:
(i)
lagoons, landfills, disposal of abattoir and rendering wastes; and
(ii)
auto wrecking and automobile salvage yards.
CATEGORY "B" INDUSTRIAL LAND USES:
(i)
foundries;
(ii)
non-ferrous and precious metal smelting and refining;
(iii)
metal rolling, casting and extruding operations including steel pipes and tubes;
(iv)
manufacturing of unfinished fabricated metal products and parts;
(v)
metal finishing operations, i.e. electroplating, electrocoating, galvanizing, painting, application
of baked enamel;
(vi)
manufacturing of cable, wire and wire products;
(vii) jewellery and silverware manufacturing;
(viii) assembly of aircraft parts, motor vehicles, truck, bus bodies, trailers, rail cars, mobile homes,
ships and boats;
(ix)
manufacturing of engines, engine parts, steering and suspension parts, wheels and brakes;
(x)
manufacturing of agricultural, commercial and industrial machinery;
(xi)
manufacturing, packaging, crating or bottling of chemicals, resins, paints, varnish, printing
inks, adhesives and dyes;
(xii) manufacturing of pharmaceuticals and medicines;
(xiii) petroleum products refining and asphalt batching;
(xiv) manufacturing of electronic components such as semiconductors, printed circuit boards and
cathode ray tubes;
(xv) manufacturing of wet electrical and industrial equipment and wet batteries;
(xvi) commercial or industrial dry cleaning of textiles and textile products;
(xvii) leather tanning and finishing;
(xviii) wood and wood product preservation and treatment;
(xix) transportation terminals for chemicals or hazardous substances;
(xx) warehousing and bulk storage of oil, gasoline, or petroleum products, and gasoline stations;
(xxi) warehousing of cleaning products, pesticides, herbicides, fungicides and chemicals; and
(xxii) snow storage and disposal facilities.
CATEGORY "C" INDUSTRIAL LAND USES
(i)
rubber products manufacturing;
(ii)
manufacturing of electrical appliances, equipment, motors, lighting fixtures and lamps
(excluding manufacturing of electrical components and metal fabrication and finishing which
are Category "B" activities);
(iii)
manufacturing of electrical light bulbs and tubes;
(iv)
manufacturing of dry batteries;
(v)
manufacturing of soaps and toiletry products;
(vi)
finishing and dyeing of textiles;
(vii) manufacturing of plastic and foam parts and products;
TOWN OF MARATHON OFFICIAL PLAN
82
(viii) furniture, casket, cabinet and other wood products manufacturing and assembly;
(ix)
manufacturing of coated glass;
(x)
manufacturing of paper, newsprint and boxes;
(xi)
photographic development facilities (other than accessory to other retail uses);
(xii) printing of newspaper, packaging and books;
(xiii) repair of industrial machinery;
(xiv) repair of motor vehicles, aircraft, water craft, rail vehicles, trucks, buses and machinery;
(xv) golf courses;
(xvi) airports, train and public transit terminals;
(xvii) medical, health and other laboratories (other than clinics associated with commercial plazas);
and
(xviii) contractors establishments and yards.
TOWN OF MARATHON OFFICIAL PLAN
83
APPENDIX C
Background and Policy Issues/Options Report
TOWN OF MARATHON
Official Plan Update
Background Paper
October 2012
Background and Policy Issues/Options Report
CONTENTS
1.
INTRODUCTION.................................................................................................. 1
2.
SETTING ............................................................................................................. 2
3.
POPULATION AND AGE CHARACTERISTICS ....................................................... 2
4.
EMPLOYMENT .................................................................................................... 4
5.
PLANNING POLICY FRAMEWORK ...................................................................... 6
5.1. Provincial Policy Statement (PPS 2005) ..................................................... 6
5.2. Bill 51........................................................................................................ 10
5.3. Bill 136 ..................................................................................................... 15
5.4. Drinking Water Source Protection Act ..................................................... 17
6.
MARATHON STRATEGIC PLAN ......................................................................... 17
6.1. Vision and Mission Statement ................................................................. 18
6.2. Strategic Focus Areas ............................................................................... 18
7.
PLANNING ISSUES ............................................................................................ 20
7.1. Ministry of Environment ........................................................................... 20
7.2. Ministry of Northern Development and Mines ........................................ 21
7.3. Environmental Conservation .................................................................... 21
7.4. Urban Development ................................................................................. 23
7.5. Infrastructure ............................................................................................ 24
7.6. Economic Sustainability ............................................................................ 24
7.7. Mineral Resources .................................................................................... 24
8.
SUMMARY ........................................................................................................ 37
9.
REFERENCES ..................................................................................................... 40
Town of Marathon Official Plan Update
October 2012
Background Paper
1 | P a g e
1.
INTRODUCTION
The Town of Marathon has begun the process of updating their current Official Plan and
Comprehensive Zoning By-law. The initiative being undertaken is the five-year review of the
Official Plan as mandated under Section 26 of the Planning Act. The current Official Plan was
adopted in 2006, and therefore, it conforms to much of the present land use planning
legislation and policy directives of the provincial government, such as the Provincial Policy
Statement. However, the Growth Plan for Northern Ontario was adopted by the province in
2011, as such; this 5-year Official Plan review provides an opportunity to bring the plan into
conformity with provincial legislation but also provides an exciting opportunity for residents
and other members of the community to help guide the future growth and development of the
Town in light of other major development initiatives in the Town such as the Stillwater PGM
mine.
The purpose of this report is to provide the necessary background material to help inform the
Official Plan update for the Town of Marathon. This report contains a summary of current
provincial planning legislation and policy direction that must be addressed in the Plan as well as
a summary and analysis of demographic and technical planning information. It is intended that
this background paper will guide a review and update of the goals and objectives, land use
policies, and development policies of the Town of Marathon with the ultimate intent to update
the plan as needed in order to continue to guide the future direction and development of the
Town.
Town of Marathon Official Plan Update
October 2012
Background Paper
2 | P a g e
2.
SETTING
The Town of Marathon is located in the District of Thunder Bay along the north shore of Lake
Superior. The Town and the north shore of Lake Superior are very picturesque, having a rugged
terrain with several bays, coves, islands and surrounding forested areas. Highway 17, part of
the TransCanada Highway system, traverses through the Town in an east/west direction
connecting Marathon to the City of Thunder Bay approximately 300 km to the west, and the
City of Sault Ste. Marie approximately 400 km to the east. The Canadian Pacific Railway also
traverses through the Town generally following the shoreline of Lake Superior.
The Town of Marathon is 265 square kilometers in area with the townsite of Marathon being
the urban development centre of the Town where the majority of the residential, commercial,
industrial and community services, facilities and uses are located. The rural area of the Town is
largely undeveloped with limited access. Development in the rural area consists primarily of a
limited amount of highway commercial development catering to the travelling public along
Highway 17, the airport north of the Highway and a number of recreational uses.
The Town of Marathon was originally established as a trading post serving the fur trade through
the early and mid 1800s. With the construction of the Canadian Pacific Railway line through
northwestern Ontario in the late 1800s, Marathon became a supply centre and grew to meet
the demands of development associated with the growth and expansion of the railway. More
recently, in the last half of the 20th century, Marathon's economy became based on the natural
resource sector, specifically the forestry and mining industries. Today, Marathon is a fully
serviced community offering a range of amenities, services and community living experiences
typical of small urban communities in northern Ontario. Mineral exploration and mining are
expected to spur development in the Town over the next 15 years. This offers an opportunity
for the continued strengthening and development of the Town's economic base while providing
a high quality and healthy lifestyle for its residents.
The Pic River First Nation is located southeast of Marathon. Businesses and support services in
Marathon also serve the Pic River community.
3.
POPULATION AND AGE CHARACTERISTICS
As noted in the following table, according to figures derived from Statistics Canada, the
population of Marathon has declined dramatically over the last 20 years from 5,064 persons in
1991, to 3,353 persons in 2011. Marathon has lost almost 34% of its population between 2001
and 2011.
Town of Marathon Official Plan Update
October 2012
Background Paper
3 | P a g e
Town of Marathon Population Figures 1991-2011
Year
Population
Percent Change
2011
3,353
-33.8%
2006
3,863
-23.7%
2001
4,416
-12.8%
1996
4,791
-5.4%
1991
5,064
Source: Statistics Canada, Census of Canada, 1991 to 2011
According to projections prepared by the Ministry of Northern Development, Mines and
Forestry, the population of Northern Ontario experienced a significant rise and then decline
between 1987 and 2001. Northern Ontario's total population now appears to be stabilizing at
about 800,000 persons and is projected to show modest growth over the next 20 years. The
Ministry of Finance projects that the Northwest will grow by 2,400 people, or 1.0 per cent
between 2011 and 2036. This growth is expected to be centered in the urban centres of Greater
Sudbury, Thunder Bay, Sault Ste Marie, North Bay and Timmins1. The Thunder Bay census
division though is expected to experience a 2% decline in population from 2011 to 2036. In the
past, Northern Ontario's positive natural increase offset part of the losses it experienced
through net migration. However, natural increase in the North as a whole is now negative and it
is projected to remain so as the population continues to age2. Given this trend and the potential
for mineral extraction from a new mine, there is some expectation that the population of
Marathon will stabilize over the coming years.
As noted on the following chart, according to figures derived from the 2006 Statistics Canada
census, the median population of Marathon is about 43 years old. The majority of the
population is over the age of 45, and over 80% of the population is over the age of 15. This ratio
is consistent with the trend throughout the Thunder Bay census district.
1 Proposed Growth Plan for Northern Ontario, Ministry of Energy and Infrastructure, Ministry of Northern
Development Mines and Forestry, October 2009.
2 Ontario Population Projections Update: 2011 - 2036 Ontario and Its 49 Census Divisions Spring 2012 Based on
the 2006 Census. Ministry of Finance
Town of Marathon Official Plan Update
October 2012
Background Paper
4 | P a g e
Town of Marathon Population by Age 1996-2011
The above chart showing the age distribution between 1996 and 2011 indicates that in addition
to an aging population, there has been a decrease in the proportion of the population between
the ages of 25-54, thus impacting the population of children and youth in the community. The
biggest factor in the population decline is the closure of the pulp mill. The Town of Marathon's
Official Plan policies must provide opportunities for economic diversification and development
to strengthen the local economy in order to retain and attract young families.
4.
EMPLOYMENT
Information derived from Statistics Canada indicates that the Town of Marathon has seen a
decreasing labour force and a decrease in unemployment from 1996 to 2006. As per the table
below, the unemployment rate for Marathon is generally closely related to the unemployment
figure for Ontario. However, this might not be a true indication of the economic vitality of the
Town as there has been a significant decrease in population which may indicate that people are
leaving to find employment elsewhere. The unemployment rate also does not account for
whether or not there are people that may have simply stopped looking for work and therefore
are not considered to be part of the labour force and do not count as being unemployed. Given
the changes in the local economy since 2006, including the closure of the pulp mill and the
Hemlo mining operation it is important to review the land use policies of the Official Plan in
0
500
1000
1500
2000
2500
0-4
5-14
15-19
20-24
25-54
55-64
65-74
75+
Population
Age Group
1996
2001
2006
2011
Town of Marathon Official Plan Update
October 2012
Background Paper
5 | P a g e
order to insure that the policies continue to foster sustainable economic growth over the long
term.
Town of Marathon Employment Figures
Year
Employed Persons
Marathon
Unemployment
Rate
Ontario
Unemployment
Rate
2006
2,210
6.4%
6.4%
2001
2,365
5.8%
6.1%
1996
2,355
7.1%
9.1%
Source: Statistics Canada, Census of Canada, 1996 to 2006
It was also determined that the majority of employed persons in Marathon work in the sales
and service and trades industries. With the future opening of the Stillwater PMG mine site, it is
anticipated that there will be an increase in employment in the Primary Industry Sector.
Town of Marathon Occupation Sectors
Source: Statistics Canada, Census of Canada
Town of Marathon Official Plan Update
October 2012
Background Paper
6 | P a g e
5.
PLANNING POLICY FRAMEWORK
Over the last 5 years, the Province of Ontario has taken a very active role in reshaping the land
use planning regime. As represented in the following graphic, planning at the local official plan
level is carried out within a framework of planning policy established by both Provincial
planning legislation and the primary policy documents of the Province of Ontario.
Accordingly, legislation and policy initiated at the provincial level must be reflected in local
planning policy documents. Recent policy direction, such as the Northern Growth Plan, will
need to be addressed in the Official Plan review.
The following is a summary of recent policy initiatives by the Province, some of which will have
a direct impact on the review of the Town of Marathon Official Plan.
1. The Provincial Policy Statement;
2. Updates to the Planning Act, Bill 51;
3. The approval of the Growth Plan for Northern Ontario; and,
4. Introduction of Source Water Protection legislation that will require Conservation
Authorities and other bodies to prepare Source Protection Plans that will need to be
implemented through Official Plans.
The policies behind these initiatives are detailed below in an effort to describe their intent and
to provide some clarity on the complex nature of the present land use planning regime in
Ontario.
5.1.
Provincial Policy Statement (PPS 2005)
In 1983, the Planning Act was amended to permit the Minister of Municipal Affairs and any
other Minister to issue policy statements on matters relating to municipal planning.
The original intent of the first Policy Statements was to replace a series of regulations and
guidelines issued by various Ministries (such as the 1978 Foodland Guidelines) that were
intended to be considered by local planning authorities. Throughout the 1980s a number of
Provincial Policy Statements dealing with such issues as wetlands, flood plains and mineral
aggregate resources were issued by the Province. Some of these policies have been captured in
the current Official Plan.
In 1994, all of these statements were replaced by the Comprehensive Set of Policy Statements
(CSPS). The CSPS was then replaced by the Provincial Policy Statement (PPS) in May 1996. The
intent of both the CSPS and the PPS was to incorporate all of the various policies issued by a
number of Ministries into one comprehensive document. The 1996 PPS was intended to be
Town of Marathon Official Plan Update
October 2012
Background Paper
7 | P a g e
directive, but not prescriptive, since planning authorities only had to 'have regard to' the PPS in
making planning decisions. In 2001, the Province began its mandated review of the PPS and a
new PPS came into effect on March 1, 2005. A major change in policy directive was also
brought forward with changes to the Planning Act immediately prior to the release of the 2005
PPS, which was the replacement of "have regard to" with the phrase "shall be consistent with".
This important change is discussed later in this report.
A number of Provincial interests are identified in the vision section of the 2005 PPS and they
include: the wise management of growth, the wise use and management of the Province's
resources, and protecting the long-term health and safety of the population.
"The Provincial Policy Statement focuses growth within settlement areas and away from
significant or sensitive resources and areas which may pose a risk to public health and safety.
Land use must be carefully managed to accommodate appropriate development to meet the full
range of current and future needs, while achieving efficient development patterns.
Efficient development supports the financial well-being of municipalities and the Province over
the long term, and minimizes the undesirable effects of development, including impacts on air,
water and other resources.
Sustainable development is also important for protecting and accessing natural and cultural
heritage resources. The Provincial Policy Statement also focuses on management of natural and
cultural heritage resources.
The Province's natural heritage resources, water, agricultural lands, mineral resources and
cultural heritage and archaeological resources provide important environmental, economic and
social benefits. The wise use and management of these resources over the long term is a key
provincial interest. The Province must ensure that its resources are managed in a sustainable
way to protect essential ecological processes and public health and safety, minimize
environmental and social impacts, and meet its long-term needs.
It is equally important to protect the overall health and safety of the population. The Provincial
Policy Statement directs development away from areas of natural and human-made hazards,
where these hazards cannot be mitigated. This preventative approach supports provincial and
municipal financial well-being over the long term, protects public health and safety, and
minimizes cost, risk and social disruption.
Section 4.0 of the PPS recognizes that the Official Plan is the most important vehicle for
implementing the policy statement and directs that:
Municipal Official Plans shall provide clear, reasonable and attainable policies to protect
provincial interests and direct development to suitable areas. In order to protect provincial
interests, planning authorities shall keep their Official Plans up-to-date with this Provincial
Town of Marathon Official Plan Update
October 2012
Background Paper
8 | P a g e
Policy Statement. The Policies of this Provincial Policy Statement continue to apply after
adoption and approval of a municipal Official Plan.
As a result, there is a requirement that the Official Plan will be consistent with the applicable
policies of the PPS. Many of these new policies are discussed throughout this background
paper. However, some of the highlights of the 2005 PPS are summarized below:
- Promoting efficient development and land use patterns which sustain the financial
well-being of municipalities and the Province over the long term.
- Accommodating an appropriate range and mix of residential, employment (including
industrial, commercial and institutional uses), recreational and open space uses to
meet long-term needs.
- Avoiding development and land use patterns which may cause environmental or
public health and safety concerns.
- In rural areas in municipalities permitted uses and activities shall relate to the
management or use of resources, resource-based recreational activities, limited
residential development and other rural land uses; shall be appropriate to the
infrastructure that is planned or available; new land uses including the creation of
lots and new or expanding livestock facilities shall comply with the minimum
distance separation formulae.
- There is a focus on economic prosperity and optimizing the long-term availability
and use of land, resources, infrastructure and public service facilities.
- Mineral and petroleum resources and mineral aggregate resources shall be
protected from development to insure they are protected for long-term use.
- Wayside pits and quarries, portable asphalt and concrete plants used on public
authority contracts shall be permitted in all areas except areas of existing
development or particular environmental sensitivity which have been determined to
be incompatible with extraction and associated activities.
- Significant built heritage resources and significant cultural heritage landscapes shall
be conserved. Development and site alteration shall only be permitted on lands
containing archaeological resources or areas of archaeological potential if the
significant archaeological resources have been conserved or preserved.
The 5-year review of the PPS was initiated in 2010 and a draft of the proposed, revised PPS has
recently been released for review and public comment. While the details of the policy changes
are still in draft form and subject to change, there are some general new policies directions that
have been driving the proposed revisions and these principles form the foundation of the
proposed new policies. The following highlights some the new policy directions which have
been driving the proposed revisions to the PPS.
- There is a focus on promoting coordination between municipalities and other levels
of government
- More attention to providing accessible environments for everyone
Town of Marathon Official Plan Update
October 2012
Background Paper
9 | P a g e
- A policy to address climate change and pursuing mitigative measures to increase
resiliency to climate change
- Recognition that not all municipalities experience growth but they all experience
development of some sort
- Support for active transportation, transit, and goods movement when planning
settlement areas
- Intensification should not compromise public health and safety, the policy previously
spoke of maintaining appropriate levels of public health and safety.
- Encouraging planning authorities to coordinate planning with Aboriginal
communities, where appropriate
- Encouraging coordination of emergency management with other planning
considerations
- Recognizing the importance of parks and recreation, green spaces, trails and trail
linkages
- Promoting investment-ready communities and opportunities for economic
development
- Recognizing the importance of communication infrastructure
- Planning for and protecting corridors for goods movement and future employment
along those corridors
- Clarifying that planning for infrastructure can go beyond the 20 year time horizon
- Supporting the adaptive re-use of infrastructure
- Requiring consideration of the life-cycle cost of infrastructure
- Requiring identification of shoreline areas
- Recognizing the importance of the Great Lakes and expanding protection for Great
Lakes coastal wetlands
- Encouraging comprehensive rehabilitation planning after aggregate extraction
- Supporting the conservation of aggregate resources, including recycling and reuse
- Promoting the conservation of cultural heritage and archaeological resources
- Requiring mineral deposits, petroleum resources and aggregate resources to be
identified in municipal official plans
Many of these new policy directions represent current best practices in planning and are
already being integrated into policies in new Official Plans. The nuances of the language of the
PPS policies are still being reviewed and commented on. As the draft PPS is refined and as the
update of Marathon's Official Plan progresses every effort will be made to align the Official Plan
with the new policy directions of the PPS, however, the Official Plan will likely be finalized prior
to the updated PPS so conformity will be a bit of a moving target while the PPS is being refined.
Town of Marathon Official Plan Update
October 2012
Background Paper
10 | P a g e
5.2.
Bill 51
On October 19, 2006, Bill 51, the Planning and Conservation Land Statute Law Amendment Act
received Royal Assent from the Lieutenant Governor of Ontario. Bill 51 is a continuation of, and
complementary to earlier planning framework reforms that include the 2005 Provincial Policy
Statement (PPS), Places to Grow Act and Growth Plan for the Greater Golden Horseshoe, and
Greenbelt Act.
Bill 51 has provided municipalities with new planning tools, powers and legal capabilities to
regulate more aspects of built form. Bill 51 also places increased expectations on municipalities
to provide up-to-date local policies and ensure that a transparent and accessible planning
program exists. In short, municipalities are given more power over development regulation in
exchange for providing more enforcement of and accountability over decisions made at the
local level. Bill 51 also introduces reform to the practices of the Ontario Municipal Board (OMB)
and allows for expanded use of conservation easements to achieve environmental and
watershed management goals.
These changes can be summarized into three broad areas:
1. Support for Built Form Objectives and Community Design
The Province proposes adding a new interest to the list of Matters of Provincial Interest in
Section 2 of the Planning Act: "The promotion of development that is designed to be
sustainable, to support public transit and to be oriented to pedestrians." The Province proposes
enabling municipalities to specifically regulate each of the following measures:
- Architectural Design and Accessibility Concerns--Provided that an Official Plan policy has
been adopted, the external design of buildings can be regulated through Site Plan
Control. Official Plans must first be updated to allow for these features to be controlled
before they can actually be controlled.
- Minimum and Maximum Densities and Heights--The wording of the Act is amended to
be clear that municipalities, through zoning, have the authority to regulate minimum
and maximum densities and height in the zoning by-law.
- Design of Adjacent Highways--A significant new addition to the Planning Act is the
ability of a municipality, through the Site Plan Control process, to control the placement
of "the sustainable design elements on any adjoining highway under a municipality's
jurisdiction" provided Official Plan policies exist and a by-law is enacted. Municipalities
will have the authority to impose conditions that may require the provision, by the
applicant, of plantings, paving treatment, street furniture, bicycle racks, waste
containers and ramps on a public right-of-way.
Town of Marathon Official Plan Update
October 2012
Background Paper
11 | P a g e
- Zoning with Conditions--To address challenges associated with certain developments or
to achieve locally important goals, municipalities will be able to impose one or more
prescribed conditions on the use, erection or location of buildings and structures
through zoning. Further, municipality will now be able to require a landowner to enter
into agreements registered on title to enforce those conditions. The Official Plan must
first contain policies relating to zoning with conditions. Although often imposed,
Ontario's planning framework has historically not permitted zoning with conditions.
- Broader Scope and Enforcement of Community Improvement Plans (CIPs)--The
definition of "community improvement" has been expanded to include costs associated
with energy efficient land uses and buildings, as well as affordable housing. Building and
site rehabilitation, as well as energy efficiency, can now be included as eligible costs in a
CIP. Municipalities will be able to register grants or loan agreements on the title of the
land, strengthening the ability of the municipality to enforce all provisions of a CIP and
provide security to developers seeking project financing from third parties.
- Accessory Apartments--If municipalities adopt policies for the provision of "second
units" in Official Plans and incorporate provisions to permit accessory units in the
implementing Zoning By-law as part of a five-year review, the provisions cannot be
appealed to the OMB. Only decisions that designate or zone areas to permit these units
within a single detached, semi-detached or townhouse dwelling unit outside of a five-
year review can be appealed.
- School Board Exemption from Site Plan Control--The placement of portable classrooms
on school sites "in existence" on January 1, 2007 will be exempt from the definition of
"development" in Section 41 of the Planning Act.
- Green Energy Act exemption of Energy Projects from Planning Act approval--Renewable
Energy projects are exempt from Planning Act approval requirements and from
approvals under the Environmental Assessment Act. Approvals are now sought through
a Renewable Energy Approval (REA) process that sets out strict environmental and
consultation requirements for renewable energy projects. The streamlined approval
process is meant to help the Province's renewable energy supply to grow safely and
more efficiently while protecting human health and the environment. Proponents of
renewable energy projects must engage municipal governments, Aboriginal
communities, and the public during the REA approval process.
2. Accessibility and Transparency in the Planning Process.
The Province has identified a need for more accountability in the land use planning process.
There have been concerns that the current system is not effective at improving built form. The
following measures are proposed to correct these problems:
Town of Marathon Official Plan Update
October 2012
Background Paper
12 | P a g e
- Complete Applications--A municipality or Planning Board can now request additional
information to make a decision on a zoning matter, but only if policies in the Official
Plan first specify the types of additional information that could be required. The public
would be entitled to review all information available on a planning matter prior to the
information going before Council.
- Notice of Complete Application--A municipality will be required to decide if an
application is complete within 30 days of its submission. If "Positive Notice of Complete
Application" is given by Council or the Planning Board, Staff will be directed to prepare
and deliver Notice of this decision to the applicant and all required parties and the
application moves into the approval process. If "Negative Notice of Complete
Application" is given, the applicant must provide the required information before the
application can be reviewed. The applicant can appeal the Negative Notice to the OMB
and must demonstrate how the application is complete. If no Notice of Complete
Application is given, all parties can submit a motion to the OMB to determine if the
application is complete or not. Any OMB decision on these matters is final.
- Up-to-date Planning Documents--Municipalities are now required to update their
Official Plans every five years as opposed to simply holding a public meeting. This would
ensure implementation of Provincial Policy Statements, other provincial plans and up-
to-date employment lands policies and locations. The initial public meeting would afford
citizens the opportunity to comment on what matters should be included in an Official
Plan Review. The municipal Zoning By-law would be required to be updated within three
years of the new Official Plan coming into effect. The five-year "clock" begins once all
policy provisions of the Official Plan, and not necessarily the designations of individual
properties, come into force and effect.
- Policies in Force on the Day of Decision--A planning decision made by any public
authority including Councils will be required to be consistent with the most up-to-date
policies, at all levels, in effect on the date the decision is made. Previously decisions
were based on the policies in effect on the date the application was made.
- Municipal Decisions on Employment Lands--If a municipality's Official Plan contains
provisions on the redesignation of Employment Lands for other uses, any refusal of an
application to redesignate employment lands would not have appeal rights to the OMB.
A decision allowing redesignation would, however, continue to have an appeal route to
the OMB. Until a municipality does adopt such provisions into the Official Plan, these
types of applications could be appealed to the Board.
- Pre-consultation--Municipalities can now pass a bylaw requiring applicants to discuss a
development proposal with staff before an application is submitted. If not, a
municipality would be expected to respond to an applicant's request for such a meeting.
Town of Marathon Official Plan Update
October 2012
Background Paper
13 | P a g e
- Additional Public Consultation for Creating Official Plans--In addition to the current
requirement for a public meeting prior to the adoption of an Official Plan, a municipality
is now also required to consult with the appropriate approval authority and any other
appropriate private body. Council must have regard to any written comments received
about a proposed Official Plan, and provide any person attending special meetings an
opportunity to be heard.
- New Requirements for "Open Houses"--An additional "open house" at least one week in
advance of a public meeting will be required for five-year Official Plan Reviews, and,
subsequent Zoning By-law updates and Official Plan and By-law Amendments where a
Development Permit System is in effect.
- Alternative Notice Provisions--Many of these new initiatives are already standard
practices in some municipalities. However, Municipalities need to be aware of the
increased demands with respect to statutory planning matters. In addition, increased
notice requirements are also permitted in municipalities through the adoption of
alternative notice provisions in an Official Plan.
3. Ontario Municipal Board (OMB) Reform.
The Province is also changing practices and perceptions surrounding the OMB. The intent of the
Province is to provide an accountable and effective OMB that supports Council decision-making
while protecting broader public interests. The following reforms have direct application to local
municipalities:
- Structure of Hearings--An OMB member's decision now has to "have regard for" earlier
decisions of Council and may only consider information that was presented to Council
during the application process. Municipal Clerks or board Secretary-Treasurers may be
required to send additional information to the OMB when hearings are requested.
- If Applications Change or New Evidence Emerges--Small wording changes throughout
the Planning Act enable the OMB to either refer an application back to Approval
authority or request a written recommendation from Approval authority on that matter
on "its own initiative" or through a motion by any party.
- OMB Decisions-- New provisions are added to the Planning Act stating what the OMB is
empowered to do with an appeal; dismiss it, amend the by-law or policy itself, or direct
that the by-law or policy be amended accordingly.
- Local Appeal Bodies--All municipalities in Ontario (upper-, lower- or single-tier) will
have the opportunity, if so desired, to create a local appeal body to deal with minor
variances and severances. Members of such a body would be appointed to a term no
longer than prescribed by regulation, with Ministry background material suggesting this
term will be the same as that for a Council. Should such a body not be created, the OMB
Town of Marathon Official Plan Update
October 2012
Background Paper
14 | P a g e
would continue to hear local appeals. Local appeal bodies cannot be jointly operated by
municipalities; nor can a local body hear an appeal from another municipality.
In short, Bill 51 has far reaching impacts on local municipalities and the development
community that will need to be considered in the review of Marathon's Official Plan. Some of
the potential impacts on, or opportunities to, local municipal land use planning programs
include:
- Updating the Official Plan if a municipality wishes to establish minimum housing
densities, Urban Design Guidelines, introduce strategic planning goals that can be
addressed through zoning with conditions, as well as the redesignation of employment
lands.
- Reviewing what information Council currently requires in order to deem an application
as complete and creating an approved Official Plan policy and Planning Application by-
law to implement these decisions.
- Establishing protocols, templates and agenda time for evaluating the completeness of
applications, all within the public realm, thereby ensuring closer examination of
applications for completeness before starting the review and public process.
- Completing or reviewing any streetscape plans (Master Plans, Corridor Studies, Urban
Design Manuals) to determine what elements, if any, should be included in an Official
Plan update to direct the Site Plan Control process.
- Requiring more thorough planning reports to go before Council prior to decisions being
made, and including rationale in the text of planning decisions made in addition to, and
about, any conditions of the approval as the OMB is to have regard for decisions of
Council.
- Policies outlining conditions that may be imposed with zoning. This could potentially
eliminate many holding provisions and expedite the development process, but would
require updated Official Plan policies.
- Updating CIP policies to determine if appropriate grant or loan programs are feasible
and worthwhile for site remediation works, environmental initiatives and/or affordable
housing.
- Allocating sufficient resources to update local planning documents within the firm
deadlines of the amended Planning Act (every 5 years for Official Plans and 3 years after
that for Zoning By-laws);
- Allocating sufficient resources for Clerks Departments to prepare a record of an
application's history for the OMB;
- Discussing the establishment of local appeal bodies (a condition of having one will likely
be having up-to-date planning documents);
- Creating a formalized pre-application meeting process for development proposals; and
- Creating a formalized open house process for use during Official Plan Reviews.
Town of Marathon Official Plan Update
October 2012
Background Paper
15 | P a g e
Additionally, Bill 51 also provides new regulatory tools for municipalities to guide development.
Some of the potential impacts on, or opportunities for, the development industry include:
- While the right of appeal to the OMB for non-decisions within 180 days for Official Plan
amendments and Draft Plan of Subdivision applications, and 120 days for Zoning
amendments still exists, information presented at the OMB that was not available to the
approval authority during the approvals process will likely not be admitted as evidence
at a hearing.
- Satisfactory completion of any and all required information (studies and/or reports) is
becoming the norm before an application is reviewed. This new, process includes an
appeal route to the OMB for the applicant on a negative decision by the approval
authority. This is a new step in the approvals process.
- Developers will likely be asked, if an Official Plan policy exists, to contribute towards or
to place streetscape design elements on a public right-of-way as part of the Site Plan
Approval process.
- Developers will be asked to include more environmental design features within
subdivisions, high-rise and other large-scale projects. Energy efficiency is one of the
larger thrusts recent planning reforms.
- For Site Plan Approval, developers will be asked to provide additional drawings of the
proposed building exterior. Municipalities will be interested in elevation drawings that
show the character, scale, appearance and features of buildings, but may do so only
after an Official Plan has been updated allowing them to do so.
- Municipalities
may
enact
pre-
application By-laws requiring any
developer to consult with municipal
staff regarding a project concept or
idea. Many municipalities already
offer this service, and if a municipality
chooses not to offer this service,
developers will be able to demand a
pre-application
meeting
with
municipal staff.
- Developers, depending upon the
location of a development, may be
required to create a development at a
certain height or density to achieve a municipality's urban form vision.
5.3.
Bill 136
Bill 136, "An Act respecting the Establishment of Growth Plan Areas and Growth Plans",
was approved on June 13, 2005. This Act allows the Lieutenant Governor in Council to
Town of Marathon Official Plan Update
October 2012
Background Paper
16 | P a g e
designate an area as a "Growth Plan Area", and to establish a Growth Plan for all or part
of that area.
The Growth Plan for Northern Ontario focuses on creating Northern Prosperity through
achieving a more sustained pattern of growth, recognizing regional challenges like
stemming youth out-migration, creating sustainable regions and improving
infrastructure networks.
On May 17, 2007 the Province announced that the Northern Ontario Growth Plan would be
prepared and on May 20, 2008 a Discussion Paper was released to provide a mechanism for
seeking input on the development of a Draft Growth Plan. A Draft Growth Plan for Northern
Ontario was released in October 2009 following input received during the review of the
discussion paper. This Growth Plan for Northern Ontario was approved and took effect on
March 3, 2011.
The Northern Growth Plan focuses on positioning the northern economy to meet the
challenges facing the 21st century by framing out building blocks that will see all partners and
participants--governments, industry, communities, Aboriginal communities--working together
to provide growing, sustainable, and healthy northern municipalities. It is the intent of the
Growth Plan to:
1. Apply innovation and emerging research to the core industries of forestry, mining, and
agriculture to expand economic opportunities in the bio-economy and green energy
fields. Similarly, innovation and increased technology will be promoted in the tourism
health and education fields;
2. Improve the health status and education attainment of northerners and address the
additional challenges of accessibility barriers faced by Aboriginal communities. The
overall goal will be to develop a skilled, healthy workforce and a culture of innovation,
collaboration, and entrepreneurship to ready the north to take advantage of new
economic opportunities;
3. Build new relationships with Aboriginal communities by building capacity for increased
participation in economic, educational and health opportunities. This is an underlying
and important focus of all areas of the proposed plan;
4. Promote the northern region as a whole--connected by strong communities and
supported by the comprehensive networks of transportation, broadband and energy
infrastructure. This is critical to attract and retain opportunities, and;
Town of Marathon Official Plan Update
October 2012
Background Paper
17 | P a g e
5. Ensure that a clean and healthy
natural
environment
is
a
fundamental underpinning of the
region's future.
Each municipality, district and/or Planning
Board in an area covered by a Growth Plan
is required to amend its official plan to
conform to the Growth Plan as required
by Bill 136.
5.4.
Drinking Water Source Protection Act
In October 2006, the Province passed the Drinking Water Source Protection Act providing the
basis for the development of Source Protection Plans. The Act requires that Source Protection
Areas be established and that Source Protection Boards and Source Protection Committees be
created. Once such a Committee is established, a Plan for the Source Protection Area must be
prepared.
The municipal water supply is from ground water sources taken from an unconfined aquifer
located below the townsite area. Source Protection Plans are required to show natural features
such as lakes, rivers and streams, aquifers, groundwater recharge zones and wetlands, seepage
areas and springs. In addition, hydrological sensitive areas in the watershed are required to be
identified in addition to the location of every water risk. Municipal wellhead protection areas
are then required to be prepared. In addition, there is an expectation that a water budget for
the watershed will be prepared that identifies and qualifies the various means by which water
enters and leaves the watershed. Following the collection of this information, an assessment of
the risk to water sources from land uses is to be carried out. The culmination of all of the above
work will result in the preparation of a Source Protection Plan.
Once approved, applicable aspects of Source Protection Plans are to be implemented within
Official Plans and Zoning By-laws. For Marathon, this Act provides additional powers for the
continued protection of the municipality's wellhead areas.
6.
MARATHON STRATEGIC PLAN
In 2007 Council for the Town of Marathon adopted a Strategic Plan. The Strategic Plan provides
for Council's vision, focus, and initiatives for the community. The Township's vision and many of
the goals and initiatives of the Strategic Plan are important factors in guiding the review of the
Town's Official Plan.
Town of Marathon Official Plan Update
October 2012
Background Paper
18 | P a g e
6.1.
Vision and Mission Statement
The Vision Statement for Marathon is: Marathon, The Superior Community!
The Town's Mission statement is:
Marathon will continue to be a healthy and progressive community that supports
development opportunities, lifestyle quality and open, flexible governance.
The Official Plan and its related policies should align with and implement the Town's Vision and
Mission Statement, as such, the vision and mission statement will be used to guide the review
of the Official Plan Vision, Goals and Objectives.
6.2.
Strategic Focus Areas
Building on the Vision and Mission Statement, Council has also developed 4 Strategic Focus
Areas to help develop opportunities for the positive growth and development of Marathon.
These focus areas are:
- Lifestyle Quality
- Economic Development and Sustainability
- Provision of Essential Services
- Creative Partnerships
Lifestyle Quality--Council intends to support initiatives that maintain a high standard of lifestyle
options in the areas of; Healthy Living, Diversity, Environmental Stewardship, Volunteerism,
Recreation, Arts and Culture Opportunities, and Education, Training and Superior Employment
Practices.
Economic Development and Sustainability--aims to work to develop a strong economic base for
the community by; attracting new business and jobs, assisting existing businesses to continue
to grow, strategically positioning the municipality for the future, and formalizing partnerships
and ensuring infrastructure is available for development.
Provision of Essential Services--focuses on providing municipal services in a fiscally responsible
manner.
Creative Partnerships--is about pursuing and maintaining relationships that support
Marathon's Mission Statement and Vision; including, but not limited to the following; First
Nations, particularly, The Ojibways of the Pic River First Nation, major industry, small business,
Town of Marathon Official Plan Update
October 2012
Background Paper
19 | P a g e
educational institutions, health services, Provincial and Federal entities, the chamber of
commerce, service clubs, and regional communities.
Town of Marathon Official Plan Update
October 2012
Background Paper
20 | P a g e
7.
PLANNING ISSUES
The primary intent of the Official Plan Review is to identify those local planning issues that
require consideration as part of the review process. In order to focus discussion in specific areas
of interest, this section has been divided into five issue categories. These categories are:
1. Ministry of Environment;
2. Ministry of Northern Development and Mines;
3. Environmental Conservation;
4. Urban Development;
5. Infrastructure;
6. Economic Sustainability; and
7. Mineral Resources
7.1.
Ministry of Environment
The Ministry of Environment has provided the following information for review in updating the
Official Plan.
- The schedules are to identify the following items: industrial uses, airport, sewage
treatment plant, existing and any former waste disposal sites, known contaminated
sites, resource extraction facilities such as mines and aggregate extraction areas, and
other land uses which could cause an adverse effect on residential or other sensitive
land uses and which would require a separation distances according to MOE Land Use
Compatibility Guidelines.
- Policies shall be consistent with the 2005 Provincial Policy Statement (PPS).
- The policies of the Official Plan must reflect the requirements of the MOE D-Series
Guidelines regarding planning for sewage and water services, the assessment of
servicing options, responsibility for communal services, lot size requirements, and the
assessment of groundwater supplies and groundwater impacts.
- Policies should be included requiring confirmation of treatment capacity for hauled
sewage prior to the creation of new lots or units.
- Official Plan policies should be updated to reflect that development, including the
creation of new lots on lakes is permitted only where the results of a Lakeshore Capacity
Assessment have been confirmed and completed in accordance with the Lakeshore
Capacity Assessment Handbook.
- Official Plan policies should also address the use of Best Management Practices to
minimize the impacts of shoreline development on water quality.
- The Official Plan should be updated to reflect the current legislation with regards to
renewable energy projects and that they are exempt from Planning Act approvals.
- The Official Plan should include a policy related to Peninsula Harbour and the on-going
remediation process.
- Development of new industrial facilities or any other activity in proximity to the harbour
Town of Marathon Official Plan Update
October 2012
Background Paper
21 | P a g e
will be required to meet current environmental standards for emissions and waste
disposal.
- The Official Plan should clearly address PPS policies related to stormwater management
and the protection of municipal drinking water supplies.
7.2.
Ministry of Northern Development and Mines
The Town of Marathon has high mineral potential for a variety of commodities including
copper, nickel, zinc, gold, platinum, palladium, rare earth metals, and building stone. There is
currently considerable mineral exploration work within the planning area, and nearly all the
available Crown land is staked.
- The Official Plan schedule should be updated with the latest mapping delineating the
area of high mineral potential.
- The Official Plan should contain policies recognizing abandoned mine hazards where
present and directing development away from areas with known hazards related to
mining. The policies should also require that the most up to date information is sought
from MNDM when development proposals fall within 1000 metres of a known mining-
related hazard.
- The Official Plan should contain policies requiring appropriate remediation prior to any
subsequent development.
- The Official Plan should contain policies limiting development in areas of high mineral
potential subject to the requirements of Section 2.4.2 of the PPS. Sections 3.2.12,
3.2.13, 3.2.12, 3.2.14 and 3.2.15 in the current Official Plan partly address this concern
but there is a need to update the policies.
7.3.
Environmental Conservation
The Official Plan contains goals, objectives, and policies about sustainable land use
management the review process should examine the policies and insure there is sufficient focus
on environmental sustainability in order to comply with the Growth Plan for Northern Ontario.
There are a number of key policies in the Growth Plan for Northern Ontario that reflect
Provincial interest in the environment as a finite but important economic resource. The focus of
the policies is the sustainable development of natural resources, environmental protection, and
environmental leadership and a culture of conservation.
The policies are built on the principle of economic growth and responsible environmental
management and the application of new technologies to achieve sustainable natural resource
management practices. A second focus is to protect potable water supplies in Northern
Ontario.
Town of Marathon Official Plan Update
October 2012
Background Paper
22 | P a g e
Sustainable development is a fundamental provincial objective and important land use planning
principle.
There is opportunity to include principles, objectives and policies that encourage sustainable
development, such as the inclusion of future bicycle and pedestrian supportive initiatives in
road design and construction, and future development in support of the Growth Plan for
Northern Ontario.
The Growth Plan for Northern Ontario encourages a culture of conservation and promotes
energy conservation policies in local official plans. In particular, the Growth Plan requires
municipalities to develop and implement strategies for energy conservation. The Town's Official
Plan should address energy conservation and provide a number of measures to achieve energy
efficiency in the growth and management of the Town.
Some of the measures that should be included in the updated Official Plan are:
- Reduce energy consumption and dependency on non-renewable energy sources;
- Formulate energy-oriented planning policies, especially in all residential areas;
- Encourage and support the practical application of innovative ideas relating to energy
conservation through site planning, building design, renewable energy, alternate energy
and efficient equipment;
- Locate high density uses along major roads to promote the efficient flow of traffic;
- Allow the conversion of large single-family homes for the provision of secondary rental
units; and
- Establish a policy to encourage the use of LEED certified building design and encourage
waste reduction and diversion, water conservation and the reduction of automobile
trips.
There may also be locations in the Town that are appropriate for locating wind energy projects.
The Province has recently passed into law the Green Energy Act and accompanying regulations
that do not require municipal approvals of renewable energy facilities. Approval is limited to a
Renewable Energy Approval (REA) from the Ministry of Environment.
Finally, climate change mitigation and adaptation considerations should be integrated into
planning policies and decision making where appropriate as part of fostering a culture of
conservation and responsible environmental management.
Accordingly, the Marathon Official Plan should be reviewed to so that the policies reflect these
provincial requirements.
Town of Marathon Official Plan Update
October 2012
Background Paper
23 | P a g e
7.4.
Urban Development
Notwithstanding, when the forestry
and
mining
industries
rebounds
and/or in the event a new significant
employment
generating
use
is
established in or near Marathon, the
municipality should be poised to
accommodate
new
potential
residential development within its
primary settlement area on full
services. Accordingly, it may not be
necessary to designate additional
lands
for
future
residential
development, but rather, to ensure
that policies are in place to ensure the
orderly and compact development of these areas. There are a number of sites in the existing
developed area that can be used for redevelopment. Marathon has experience and set an
example for adaptive reuse with the conversion of the old high school into a commercial plaza.
The Town should continue to encourage and support redevelopment and adaptive reuse of
existing sites and structures in the community.
There are numerous sites owned by MPI
who declared bankruptcy in March 2009.
These lands will be available for purchase
in the near future, therefore, during this
Official Plan review process it is essential
to review the land use designations on
the various properties to determine what
the desirable future land use is for these
sites. An important asset on this site is
that the harbour is a deep water harbour, allowing the dock to accommodate large vessels
including cruise ships.
The Town has many recreational assets including; tennis courts, ball fields, a curling club, a
pool, a recreation centre, a community centre, a skate park, Penn Lake Park, cross country ski
trails, snowmobile trails, a golf course, a boat launch, a library, a museum and several
playgrounds. These amenities provide for a full range of active and passive recreational
pursuits, adding to the quality of life in the community. Additionally, there are sidewalks
throughout the core area that encourage and allow for safe pedestrian movement. There is a
fair amount of pedestrian activity in the Town, therefore, it is essential that future development
and redevelopment provides sidewalks and connectivity for pedestrians to continue to
Town of Marathon Official Plan Update
October 2012
Background Paper
24 | P a g e
encourage and accommodating walking in the community as it leads to a healthier community
and having people on the street walking to their destinations or for recreation increases safety
in the community.
There is also a desire to enhance the experience as one enters the built up area of the townsite.
This can be addressed through streetscape and public realm improvements, and by addressing
the range of land uses that may be permitted at the entrance to the community.
7.5.
Infrastructure
The Growth Plan policies focus on the delivery of infrastructure to communities in Northern
Ontario in a coordinated and sustainable manner insuring health and safety of the communities
while increasing access to education and also improving the transportation network to facilitate
goods movement and encourage economic development.
Marathon has appropriate Official Plan policies to guide infrastructure development but will
need to stay appraised of Provincial decisions and funding of major infrastructure projects and
engage in frequent dialogue with appropriate ministries to insure the Town's services are
adequately maintained and developed as needed.
7.6.
Economic Sustainability
The Growth Plan for Northern Ontario focuses capitalizing on the strengths of the local
economy and on diversifying the economy. The identified sectors are: advanced manufacturing;
agriculture, aquaculture and food processing; arts, culture and creative industries; digital
economy; forestry and value-added forestry-related industries; health sciences; minerals sector
and mining supply and services; renewable energy and services; tourism; transportation,
aviation and aerospace; and water technologies and services.
Marathon has an Economic Development Strategic Action Plan for 2010-2015. This plan should
continue to be implemented as it focuses on many of the sectors outlined in the Growth Plan.
In 2015 when a new Strategic Action Plan is developed, there may be opportunities to explore
developing into emerging sectors in the north.
7.7.
Mineral Resources
There currently are no mining operations within the municipal boundary of the Town; however
mineral exploration activities do occur within the Town boundary. As a result, mining and
mineral exploration activities are an important industry and contribute significantly to the local
economy of the Town. In areas where the Ministry of Northern Development and Mines has a
Town of Marathon Official Plan Update
October 2012
Background Paper
25 | P a g e
planning interest, such as areas that are considered to have mineral resource potential and
areas that contain mine hazards, the Ministry is to be circulated all planning applications, for
their input prior to municipal development approval being granted.
The Provincial Policy Statement indicates that mineral resources will be protected for long term
use and mining operations will be protected from activities or land uses that would prevent or
hinder their expansion or continued use, or would be incompatible for reasons of public health,
safety or environmental impact.
The Stillwater Mining project is in the permitting process and preparations for detailed
engineering and construction of a conventional open pit mining operation are in progress. The
project is currently going through a combined Federal and Provincial Environmental Assessment
process for an open-pit mining extraction mine site about 10 kilometres north of the townsite.
The project includes an open pit mine, a mineral processing facility, a tailings area, waste rock
stockpiles, access roads and related infrastructure. The operating life of the mine will be
approximately 11.5 years. The Project will create an estimated 1,000 person years of
employment during construction and approximately 300 full time positions during operations.
The mine workforce will reside in local and surrounding communities, as there will be no living
facilities on-site3. Annual production at the mine is expected to be about 200,000 ounces of
palladium and platinum and 37 million pounds of copper. On July 2, 2012 The Environmental
Impact Statement was submitted to the Review Panel. This project has the potential of
positively impacting the local economy and possibly contributing to population stabilization for
the Town.
The Provincial Policy Statement states that; adjacent to or in areas of mineral resource
potential, development will only be permitted if the development will not prevent or limit the
establishment of a new operation or access to the mineral resource; or if the use of the
resource is not feasible, or the proposed use serves a greater long term public interest; or if
issues of public health, safety and environmental impact are addressed.
Also, the Provincial Policy Statement requires rehabilitation of mining sites to accommodate
subsequent land uses after extraction and other related activities have ceased. This is also
consistent with the requirements and regulations of the Mining Act.
With respect to mine hazards, the Provincial Policy Statement provides that development on,
abutting or adjacent to lands affected by mine hazards or former mineral resource operations
will be permitted only if rehabilitation measures to address and mitigate known or suspected
hazards are underway or completed.
3 Marathon PGM-CU Project, July 2010 Addendum to the Project Description. Report prepared by Ecometrix Inc. &
True Grit Consulting Ltd.
Town of Marathon Official Plan Update
October 2012
Background Paper
26 | P a g e
The proposed Official Plan should contain policies with respect to the protection of mineral
resources for long term use and implement the policies of the Provincial Policy Statement.
7.8.
Identified Issues and Opportunities
Based on meetings with Council, staff, and community consultation there were a number of
important issues identified or opportunities to create Official Plan policies to strengthen the
Town's position with regards to key issues for the future development of Marathon.
At this time, with the on-going Environmental Assessment for the Stillwater Mine and the
purchase of three motels by the mining company to accommodate construction workers during
the mine development stage, a major area of concern for the Town is regulating mining camp
accommodations to ensure that the development is compatible with the community and
contributes positively to the Town's built form in the long term.
The Town of Marathon has sufficient land designated for urban development and future growth
within the townsite; therefore, there is not a need to expand land uses beyond any of the
existing developed area. In addition, there is significant Rural area within the Town's boundary
and as such, there should be no need to expand the boundaries. However, there could be
reasons to pursue Crown Land Disposition in the rural area to provide the Town with access and
control over particular sites. At this point in time, the only identified site requiring Crown Land
Disposition is the existing municipal gravel pit along Peninsula Road.
The potential for additional cottage lot development on Crown Lands and servicing constraints
or opportunities was raised. There is a desire to allow for limited cottage lot development
provided that servicing the lots and access to the cottage lots is feasible and realistic. Policy in
the Official Plan should reflect this but maintain a reasonable amount of control over the
potential for cottage lot development.
The Pic River traverses a corner of the Town's land and is an important natural feature that
should continue to be respected.
Recognizing the aging population and the demand for housing for seniors to allow them to age
in place and continue to reside in the community, there is a desire to adopt Official Plan policies
to encourage the development of supportive housing for seniors.
The future development of properties along Peninsula Road which is the gateway to the
community needs to be reviewed keeping in mind whether or not there should be more
development, what type of development would be desirable, and whether extending services
to the industrial park makes sense for the continued growth of the community.
It was identified that there is a need to review the opportunity for future growth of operations
at the airport, including whether there is the potential or need for warehousing facilities at the
airport. The airport can be an important asset for community economic development and
Town of Marathon Official Plan Update
October 2012
Background Paper
27 | P a g e
therefore, every effort needs to be made to position the airport for future growth should there
be a demand.
Communication towers are continuing to be installed in communities across Canada and while
residents everywhere desire better wireless coverage and download speeds for their data,
there are also concerns about the height of towers, where to best locate the towers, and the
impact the structures have on the views and aesthetics of the community. Communication
towers are regulated by the Federal Government and as such local municipalities are not the
final authority when it comes to the placement of this infrastructure. However, the
telecommunication companies are required to consult with the community and the
municipality's support of a proposed tower is influential in obtaining Federal approval. The
Town may adopt a policy which outlines the expected consultation process and some general
criteria for evaluating the appropriateness of a proposed site and how it aligns with the Town's
future growth.
Recognizing the importance of documenting local history it could be that cultural asset mapping
of the community should be considered at some point in the future. A policy could be
considered for the Official Plan to encourage the completion of a cultural asset mapping study
by a community group or organization when feasible.
There is a growing trend for small-scale agricultural production or farming and gardening for
one's own subsistence needs. Agricultural uses and minimum distance separation policies need
to be incorporated into the plan or reviewed to accommodate this trend in local food
production
and
self-sufficient
lifestyle.
There
are
provincial
regulations setting out minimum
separation distances for certain
agricultural uses such as the
keeping of livestock and chickens.
These regulations are referenced
in the Official Plan and are
applicable
should
someone
establish a farming operation. The
distances are based on a formula
depending on the scale of the
operation
and
the
types
of
farming activities. The minimum
distance separation criteria should
be included in the zoning by-law
update.
There is a desire to have policies included in the Official Plan to encourage sustainability,
specifically the use of renewable/green energy. Provincial policies permit renewable energy
Town of Marathon Official Plan Update
October 2012
Background Paper
28 | P a g e
development in all areas which limits a municipality's ability to regulate or prohibit green
energy development. However, encouraging green energy use on a large and small scale and
putting proper policy in place puts the Town in a good position for dealing with any possible
future projects or for guiding residents in pursuing the use of green energy sources in their own
homes. The use of geo-thermal heating/cooling pumps is a concern for the Town as it relies on
groundwater recharge as its source of potable water and geo-thermal pumps impact on aquifer
levels, therefore, there is a need to manage their use in the Town. Geo-thermal pumps can be
regulated within the Well-head protection zones.
There is a strong desire to direct all future development to existing sites in the community that
are either vacant or are available for redevelopment. Policies in the Official Plan already
encourage infill development before greenfield development but there is an opportunity during
this plan review process to further strengthen those policies. Compact growth and
redevelopment of existing sites is essential in maintaining the economic sustainability of the
community. Expanding services is costly, as is the required regular maintenance and delivery of
any expanded services. Using existing infrastructure is more sustainable and more fiscally
responsible for the Town.
Need housing for seniors--seniors moving into condos or apartment units would result in
houses being available for purchase and reduce the demand for new/vacant lots for
development helping to reduce pressure for new subdivisions. Therefore, there is a desire to
provide for a range of housing choices for the aging demographic.
Walkability is important to the Town both now and moving forward as the Town grows and
evolves. Policies need to require sidewalks and improve connectivity and mid-block pedestrian
paths to provide for pedestrian safety and connectivity throughout the community.
Commercial development along the highway should be limited to reinforce the town core as
the commercial centre. There does not appear to be the need to expand the highway
commercial lands or range of uses.
Improvements to the industrial park, including expanding the land designated for industrial
uses in the existing industrial park location should be considered. Also there is a need to include
policies about Council's intention to provide services in the industrial park in order to broaden
the potential development opportunities.
Future land uses on the old mill site and possibly an alternate access for industrial/commercial
truck traffic if the site is to continue to be used for industrial purposes should be considered.
An alternate water source has been identified and should be included in the mapping so that it
is protected for future water resource use. This location will be identified on the updated
mapping. In addition to protecting a future additional water source, there should be a focus on
decreasing water consumption to use water in a more sustainable manner with the goal of not
having to expand the current water system to add an additional well site.
Town of Marathon Official Plan Update
October 2012
Background Paper
29 | P a g e
The above are the key issues that were identified during the initial community consultation and
meetings with Council and Town staff. Some of the issues are directly relevant to the future
growth and development in the Town. Some of the identified topics are already addressed in
the existing Official Plan, and other topics will be addressed with new or updated policies as a
result of the Official Plan review process.
7.9.
S.W.O.T. ANALYSIS FOR THE TOWNSHIP OF MARATHON
During the development of the 2006 Official Plan, strategy meetings were held with Council
members, municipal staff and community stakeholders in an attempt to identify issues and
options for land use policies in the Town's new Official Plan. In August 2012, meetings were
held with Council members and municipal staff in an attempt to identify issues and options for
land use policies in the Town's Official Plan review. During these meetings and discussion
various economic development initiatives were discussed and later evaluated to determine
which initiatives could evolve as policies in the Official Plan given the strengths, weaknesses,
opportunities and threats (SWOT) facing the community. This SWOT analysis is built on the one
from 2006 but has been updated to reflect the current community context.
The strengths and weaknesses describe the environment within the community while the
opportunities and threats may influence future growth of Marathon. The SWOT analysis is used
to ensure that new Official Plan policies do not impede any strategic action for sound economic
development now or in the future. The SWOT analysis was based on:
- review of existing background materials provided by the municipality;
- meetings and discussions with staff members;
- a meeting with Council;
- an overview of the existing land uses in the Town and windshield survey of the Town;
and
- our general knowledge and experience in economic development and planning issues in
communities in North and Northwestern Ontario.
For each of the factors identified - strength, weakness, opportunities or threat - a potential
strategic initiative is identified. The main objective of this analysis is to ensure that new Official
Plan policies do not impede any strategic action for sound economic development now or in the
future.
The four different components of the analysis require different types of strategic initiatives.
For example, if the "strength" component is applied a unique or strong factor may surface that
provides a current competitive advantage for the community. The "strategic" initiatives
identified are based on how to protect the advantage and how to further develop or capitalize
upon an existing advantage.
Town of Marathon Official Plan Update
October 2012
Background Paper
30 | P a g e
COMMUNITY STRENGTHS
Strengths
Strategic Initiatives
Active local community with involved citizens
Promote active & involved community as a key
advantage of living in Marathon
Utilize business community for economic
development purposes
Location (general)
- Access to midwestern US markets with
population of over 6 million
- Accessible from all directions by highway,
air or rail
- Centrally located in North America
- Located within 4 hour drive of the
Canada/US border
Examine opportunities to better serve
international market (USA)
Location (specific)
- Beautiful location in proximity to Lake
Superior
- Midway between Thunder Bay and Sault
Ste. Marie
Promote quality of life, access to recreational
opportunities, nature experience, etc. as a major
advantage of community
Examine opportunities to tap into 2 regional
markets, i.e. Thunder Bay and Sault Ste. Marie
Population base of approximately 3500 persons
with supportive local industry, based on natural
resources:
-Tourism
-Mining
Ensure that a major portion of economic
development effort is oriented towards retention
of economic base
Further develop the diversification of economic
base including expanding tourism opportunities
Promote regional shopping and support services
available to regional market
Examine supply opportunities for major
employment sectors
Year round recreational/tourism opportunities
Promote recreational opportunities & nature
experience, as tourism advantage
Promote and extend extensive trail system
including hiking, cross country skiing, and
snowmobile trails
Town of Marathon Official Plan Update
October 2012
Background Paper
31 | P a g e
Strong history of experience and training in
mining industry
Promote this as a key advantage to new and
locating businesses
Promote sustainable mining initiatives and
excellence in mining
Availability of zoned industrial land
Promote this as a key advantage to potential
business locators
Excellent residential housing stock
Implement protective measures to protect value
(zoning property standards)
Opportunities to increase housing choice
Opportunity for infill residential development
Implement land use and zoning regulations to
encourage redevelopment of vacant sites within
the existing townsite
Community support services in place, ie. hospital,
schools, seniors facilities, arena, golf course,
community centre, etc.
Promote and enhance amenities to retain
facilities
Regional trading area of 300,000 within 2-3 hour
drive of Marathon (excluding US market)
Examine potential for additional opportunities to
supply goods and services to a regional
community of this size
Promote Marathon as an innovation centre with
an incubator type business environment sponsor
or develop incubator facility for entrepreneurs
Promote Marathon as a Business Innovation and
Training Centre
Access to post-secondary education including
Confederation College
Continue to support and promote local learning
opportunities and advocate for expanding the
variety of programs offered in Marathon
Educational opportunities in both French and
English
Promote that primary and secondary school
education is available in both English and French
Extensive health care services
Promote health care services regionally and
when promoting Marathon as a location for new
businesses
Reasonable municipal taxation
Hold the line and promote stability of tax
increases
Town of Marathon Official Plan Update
October 2012
Background Paper
32 | P a g e
COMMUNITY WEAKNESSES
Weakness
Strategic Initiative
Isolated location compared to other locations
in Ontario
Distance from major market centres
Emphasize quality of telecommunications access to
major centres and the world
Promote Marathon as a business innovation centre
an ideal place to work, live and play
Ideal place for seniors/academic/artists retreat
Dependency on mining industry
Diversify into business innovation centre
develop 4-season tourism potential
Develop strategy for re-use of Mill site
Local market conditions
Promote Marathon as a self-sufficient community - a
place to live, work and play
Emphasize range of shopping facilities and community
services offered locally and to neighbouring
communities
No significant penetration of tourism market
Enhance existing promotion
Encourage Province to promote Marathon and North
of Superior
Lack of separate tourism/industrial marketing
strategy
Lack of awareness of Marathon outside of
local market area
Develop an information vehicle to increase awareness
of what is available locally (advertising, web site,
brochures, provincial government programmes)
COMMUNITY OPPORTUNITIES
Opportunity
Strategic Initiatives
Excellent highway, air and rail transportation
opportunities; and harbour capabilities
Promote airport as a key advantage to business
locators
Carden Cove for limited cottage lot
development opportunity
Promote Carden Cove for limited cottage lot
development
Release of certain lands owned by the
Crown to the Town of Marathon
Increase pressure on MNR to release lands to the
Town for cottage lot development
Investigate potential for developing an
alternative power source by green energy
generation
Consider conducting a feasibility study to assess green
energy generation potential for harnessing power
Town of Marathon Official Plan Update
October 2012
Background Paper
33 | P a g e
Ski Hill site redevelopment given strategic
highway location
Capitalize on location as the eastern entrance to the
Town
Potential for expanded tourism information or
tourism oriented uses and promotion of Marathon
Promote the site for commercial/tourism related uses
Redevelopment of former MPI properties
Designate some waterfront land for waterfront
recreational and community use
Allow for industrial redevelopment of former mill
buildings
Promote the fact that the harbour is a deep water
harbour
COMMUNITY THREATS
Threat
Strategic Initiative
Market conditions for natural resources
Continue to diversify and improve infrastructure so
market fluctuations have less impact in future
Potential for decline in business
opportunities
Strengthen land use policies to support economic
diversification and capitalize on potential new
business associated with the Stillwater Mine
Bankruptcies
Build on other positive aspects of Marathon as a
positive pro-active community
Possible need for tax increase due to
reduced transfer payments and/or increased
off-loading of responsibilities from province
to local government (without commensurate
funding increases)
Increase efforts in regards to economic development
(strategic marketing plan for tourism etc.)
Research and identify opportunities for holding the
line on tax increases
Town of Marathon Official Plan Update
October 2012
Background Paper
34 | P a g e
7.10. Land Use Implications of SWOT Analysis
The strategic initiatives contained in this report are based on an assessment of Marathon's land
use pattern, land use document, community profile, and more importantly strategy meetings
with Council, and Municipal staff. Not all the strategic initiatives listed above will be
appropriate for Marathon as they require commitments from different levels of government
and certain resource levels.
The scope of the SWOT analysis was not to prepare an economic development strategy; the
analysis focussed on the land use and planning related implications of all the potential
initiatives suggested here so that the Official Plan and Zoning By-law can be developed in a
manner that does not present barriers to economic and community development. The land use
and planning related implications of all the initiatives suggested are presented in the following
chart.
Strategic Initiative
Official Plan Update Implication
........based on Strengths analysis
Potential opportunities to supply a greater range of
goods and services to tourism market
Permit a range of uses in the commercial
areas in support of tourism opportunities
Develop policies that allow for flexibility
and variety of land uses;
Provide for sufficient land designated for
commercial uses
Ensure adequate parking in commercial
areas
Promote quality of life, access to recreational
opportunities, etc. as major advantage of community
Provide policies that recognize the
character of the Town
Promote active and involved community as a key aspect
of living in Marathon
No Official Plan implication--economic
development function
Utilize business community for economic development
purposes
No Official Plan implication--economic
development function
Promote training orientation of community as key
advantage to new and locating business
No Official Plan implication--economic
development function
Promote availability of serviced industrial land as a key
advantage to new and locating business
Identify lands to be designated for
industrial uses
Town of Marathon Official Plan Update
October 2012
Background Paper
35 | P a g e
Strategic Initiative
Official Plan Update Implication
Ensure widespread awareness of the existence of the
Town of Marathon
No Official Plan implication--economic
development function
Ensure that a major portion of economic development
effort is oriented towards retention and further
development of the existing diversified economic base
Ensure the overall spirit and philosophy
of the Official Plan is conducive to new
business development and provides
flexibility
Examine replacement opportunities for mining industry
Provide policies that support economic
diversification
Investigate with other municipalities opportunities to
jointly pursue selected economic development initiatives
of mutual benefit - investigate possible opportunity to
become demonstration project communities showing
what is possible in economic development
No Official Plan implication--economic
development function
Examine potential for additional opportunities to supply
goods and services to a community of 300,000
Ensure sufficient opportunities for new
expanding commercial and industrial
opportunities
Promote Marathon as an ideal incubator location for new
businesses - perhaps even investigate the sponsoring or
development of an incubator facility for entrepreneurs
Ensure that planning regulations are
supportive of the creation of new
business and include home-based
businesses with controls/limitations
......those addressing weaknesses
Promote Marathon as ideal for small community living
(an example of turning an isolated location weakness into
an advantage)
No Official Plan implication--economic
development function
Downplay distance from major markets by emphasizing
quality of telecommunications access to major centres
and the world- possible opportunity to turn this into a
strength by promoting Marathon as a market test centre
for new products and services; an ideal place for retreat
and reflection for artists, academics; etc.
No Official Plan implication--economic
development function
Town of Marathon Official Plan Update
October 2012
Background Paper
36 | P a g e
Strategic Initiative
Official Plan Update Implication
Dependence on mining industry
Provide policies the support and enhance
opportunities for permitting additional
commercial and industrial operations
Ensure that in the update to the Official Plan there is
reasonable flexibility for the establishment of new
businesses
Remove planning impediments for
economic diversification
Ensure the overall spirit and philosophy
of the Official Plan is conducive to new
business development
Develop some facility and information vehicle to increase
information provided to tourists regarding what is
available locally
No Official Plan implication--economic
development function
Establish Gateway Plan for entrance into Marathon
Consider land use designation and
possible expansion of permitted uses at
ski hill site
Improve variety of commercial uses in commercial
district
Ensure the Official Plan Policies contain
broader range of commercial uses
Ensure land use documents provide more flexibility
Ensure Official Plan Policies for
commercial/industrial uses are more
flexible - include wider range of uses
.......those addressing opportunities
Further develop the telecommunications initiative in the
community, and promote Marathon as an innovative and
progressive community
No Official Plan implication--economic
development function
Develop initiatives to promote and support waterfront
development plans
Designate waterfront near the existing
boat launch in Jellicoe Cove for
waterfront recreational uses in Official
Plan and Zoning By-law and identify
range of permitted uses including a
marina
Improve transportation / airport access and scheduling
No Official Plan implication--airport
operations
Release MNR lands for cottage lot development
Provide policies in Official Plan for
cottage lot development on selected
lakes
Feasibility study for wind generation
Provide policies in support of alternative
sources of power generation
Town of Marathon Official Plan Update
October 2012
Background Paper
37 | P a g e
Strategic Initiative
Official Plan Update Implication
.......those addressing threats
Increased urgency of economic development efforts, and
strategic planning thereof
Ensure that overall spirit and philosophy
of Official Plan is conducive to new
business development
Continue to diversify and improve infrastructure so
market fluctuations have less impact on future
As above
Strengthen by providing variety of choice for commercial
entrepreneur
As above
8.
SUMMARY
Overall, the existing Official Plan provides much of the required policy direction; however, there
is a need to update the plan to comply with The Growth Plan for Northern Ontario, other
policies that have been adopted since the plan was developed in 2006, and to recognize
changing community interests. The Official Plan policies should be updated to include; land use
designations that reflect the desired future uses for the MPI lands in the community, future
development on Peninsula Road, cultural and archaeological heritage assets, communication
towers, renewable energy generation, and rural area development.
Town of Marathon Official Plan Update
October 2012
Background Paper
38 | P a g e
DEVELOPMENT CONSTRAINT MAP--TOWN OF MARATHON
Y
─
"
"
"
"
"
"
³
³
!
"
"
!
!
"
"
"
X
!
Y
─
!
Y
─
"")
"
"
"
!
Y
─
³
"
³
"
³
!
"
"
³
"
³
"
"
!
"
"
O C
I
!
"
"
!
"
!
"
"
Y
─
Y
─
"
"
!
!
!
Y
─
"
"
"
"
"
³
!
"")
³
Y
─
Y
─
!
"
³
³
"
"
"")
!
Y
─
"")
³
³
"
"
!
"
"
"
"
³
³
³
"
"
!
³
"
!
"
"
"")
!
"
"
³
!
³
!
³
"
³
"
³
"
"
"
"
³
³
"
!
"
"
X
"
"
"
"
"
!
X
"
X
Y
─
Y
─
!
!
³
³
³
!
"
!
³
"
"
"
"
!
"
!
"
³
!
"
!
³
!
Y
─
Y
─
!
"
Y
─
"
!
"
!
!
³
³
"
"
"")
"
³
"
"
"
X
³
³
!
³
!
"
³
Y
─
³
X
!
"")
!
Y
─
³
!
"
³
X
³
!
"
Y
─
Y
─
!
"
!
³
!
"
"
"
"
"
"
!
!
!
Revised
Sept 20, 2012
Quartek
TOWN OF MARATHON,
DEVELOPMENT
CONSTRAINT MAP
±
Projection:
Transverse Mercator
NAD 1983 UTM - Zone 15N
Legend
PARCEL FABRIC
AIRPORT
QUARRY
LAKES
WETLAND
ROADS
RAILWAY
TRAILS
STREAMS
MUNICIPAL BOUNDARY
MINING CLAIMS
!
Patent, Surface and Mining Rights
³
Patent, Surface Rights Only
¡
Patent, Mining Rights Only
"
Lease, Surface and Mining Rights
"")
Lease, Surface Rights Only
"")
Lease, Mining Rights Only
Y
─
Undefined Element
X
License of Occupation, Surface and Mining Rights
Y
#
License of Occupation, Surface Rights Only
O C
I
Order-in-Council
P
U
L
Land Use Permit
A
L
P
W
Water Power Lease Agreement
750
0
750
1,500
375
Meters
2,400
0
2,400
4,800
1,200
Feet
Hynde Paul Planners
A Division of Quartek Group Inc.
Project No.
11616
Town of Marathon Official Plan Update
October 2012
Background Paper
39 | P a g e
DEVELOPMENT CONSTRAINT MAP--TOWN OF MARATHON
Y
─
!
!
!
!
³
³
!
³
!
!
Y
─
!
³
Y
─
Y
─
³
!
!
!
!
Y
─
Y
─
!
!
!
Y
─
!
!
³
³
!
³
!
Y
─
³
Y
─
!
HEMLO DRIVE
PENINSULA ROAD
PENN LAKE ROAD
YAWKEY AVENUE
STEEDMAN DRIVE
CHISHOLM TRAIL
BIRCH DRIVE
SUND CRESCENT
HOWE STREET
STEVENS AVENUE
MICHANO DRIVE
ROSS AVENUE
NICOLET DRIVE
WINTON STREET
DRAKE STREET
OLD HERON BAY ROAD
CEDAR WALK
ONTARIO STREET
GILBERT STREET
MCFARLAND STREET
GODFREY DRIVE
LLOYD IRWIN STREET
WOODSON STREET
ASPENDALE DRIVE WEST
MCKENZIE STREET
TRAILER PARK STREET
JACKSON CRESCENT
BASTEDO CRESCENT
MCLEOD DRIVE
MCCULLOUGH STREET
COVENEY STREET
PINEWOOD WALK
BISSELL STREET
VAN HORNE CRESCENT
GULLWING STREET
KING STREET
SPRUCE COURT
GRAHAM CRESCENT
WHITMAN COURT
POPLAR CRESCENT
LAURIER STREET
LA VERENDRYE CRESCENT
LYNX ROAD
NUGGET STREET
CROY COURT
MANITOBA STREET
EVERGREEN DRIVE
RADISSON CRESCENT
ASPENDALE DRIVE EAST
ARMOUR STREET
BROWN STREET
JONES STREET
STEWART STREET
INDUSTRIAL COURT
JOHNSTON STREET
STATION STREET
STEVENS AVENUE
WINTON STREET
Revised
Sept. 20, 2012
Quartek
TOWN OF MARATHON,
DEVELOPMENT
CONSTRAINT MAP
±
Projection:
Transverse Mercator
NAD 1983 UTM - Zone 15N
Legend
!
Patent, Surface and Mining Rights
³
Patent, Surface Rights Only
¡
Patent, Mining Rights Only
"
Lease, Surface and Mining Rights
"")
Lease, Surface Rights Only
"")
Lease, Mining Rights Only
Y
─
Undefined Element
X
License of Occupation, Surface and Mining Rights
Y
#
License of Occupation, Surface Rights Only
O C
I
Order-in-Council
P
U
L
Land Use Permit
A
L
P
W
Water Power Lease Agreement
PARCELS
QUARRY - ACTIVE
QUARRY - INACTIVE
URBAN BOUNDARY
ROADS
RAILWAY
AIRPORT
TRAILS
STREAMS
WETLAND
LAKES
LAKE SUPERIOR
90
0
90
180
270
45
Meters
300
0
300
600
900
150
Feet
Project No.
12058
Town of Marathon Official Plan Update
October 2012
Background Paper
40 | P a g e
REFERENCES
- Township of Marathon, Official Plan 1987
- Strong Communities Act, 2004, (Bill 26), Government of Ontario
- Drinking Water Source Protection Act, 2004, Government of Ontario
- Provincial Policy Statement, 2005, Ontario Ministry of Municipal Affairs and Housing
- Planning and Conservation Land Statute Law Amendment Act, 2006 (Bill 51),
Government of Ontario
-
Statistics Canada. 2012. Marathon, Ontario (Code 3558059) and Thunder Bay, Ontario (Code
3558) (table). Census Profile. 2011 Census. Statistics Canada Catalogue no. 98-316-XWE. Ottawa.
Released May 29, 2012.http://www12.statcan.gc.ca/census-recensement/2011/dp-
pd/prof/index.cfm?Lang=E (accessed July 26, 2012).
- Green Energy and Green Economy Act, 2009, Government of Ontario
- Growth Plan for Northern Ontario, 2009, (Bill 136) Ontario Ministry of Energy and
Infrastructure and Ontario Ministry of Northern Development, Mines and Forestry.
- Town of Marathon Strategic Plan 2007.