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The Corporation of the Town of Newmarket
Zoning By-law 2010-40
June 1 2010
Office Consolidation August 2025
This is an office consolidation prepared for the purposes of convenience only. For accuracy,
reference should be made to the original approved comprehensive by-law and amending by-laws
which are available from Legislative Services offices or the Planning Division.
This document is not in an accessible format. Should an accessible version be required, please
contact Legislative Services or the Planning Division and one will be made available.
Town of Newmarket Zoning By-law Consolidated August 2025 i
Table of Contents
Section 1: Interpretation and Administration .................................................................................. 1
1.1
Title ............................................................................................................................ 1
1.2
Administration ............................................................................................................ 1
1.3
Conformity and Compliance with By-Law ................................................................... 1
1.4
Interpretation .............................................................................................................. 1
1.5
Permits ....................................................................................................................... 1
1.6
Enforcement ............................................................................................................... 2
1.7
Severability ................................................................................................................. 2
1.8
Effective Date ............................................................................................................. 2
1.9
Repeal of Former By-Laws ......................................................................................... 2
1.10
Transition (By-law 2020-63) ....................................................................................... 3
Section 2: Establishment of Zones .................................................................................................. 5
2.1
Establishment of Zones .............................................................................................. 5
2.2
Zone Symbols ............................................................................................................ 6
2.3
Zone Maps ................................................................................................................. 6
2.4
Determining Zone Boundaries .................................................................................... 7
Section 3: Definitions ........................................................................................................................ 8
Section 4: General Provisions ........................................................................................................ 37
4.1
Uses Permitted in All Zones ..................................................................................... 37
4.2
Encroachments into Required Yards ........................................................................ 42
4.3
Accessory Outdoor Mechanical Equipment for Residential Uses ............................. 46
Town of Newmarket Zoning By-law Consolidated August 2025 ii
4.4
Requirements for Swimming Pools for Residential Uses ......................................... 47
4.5
Accessory Dwelling units.......................................................................................... 48
4.6
Home Occupations ................................................................................................... 48
4.7
Exceptions to Height Requirements ......................................................................... 49
4.8
Legal Non-Conforming Uses .................................................................................... 49
4.9
Legal Non-Complying Buildings or Structures .......................................................... 50
4.10
Legal Non-Complying Lots ....................................................................................... 51
4.11
Public Land Acquisition ............................................................................................ 51
4.12
Frontage on a Public Street ...................................................................................... 51
4.13
Deleted by By-law 2020-63. ..................................................................................... 52
4.14
Landscape Buffers ................................................................................................... 52
4.15
Daylighting Triangle ................................................................................................. 54
4.16
Provincial Highway Setbacks ................................................................................... 55
4.17
Planned Width of Street Allowance .......................................................................... 55
4.18
Through Lot .............................................................................................................. 55
4.19
Specific Use Provisions ............................................................................................ 55
4.20
Use for Hazardous Purposes ................................................................................... 58
4.21
Uses Restricted ........................................................................................................ 58
4.22
Municipal Services ................................................................................................... 59
4.23
Garbage and Waste Management ........................................................................... 63
4.24
0.3m Reserve (By-law 2020-63) ............................................................................... 63
Town of Newmarket Zoning By-law Consolidated August 2025 iii
Section 5: Parking, Loading and Queuing Requirements ............................................................ 64
5.1
Legal non-complying parking, loading and queuing requirements ........................... 64
5.2
Parking Space Requirements ................................................................................... 64
5.3
Calculation of Parking Requirements ....................................................................... 65
5.4
Parking Lot Requirements ........................................................................................ 84
5.5
Entrances, Exits and Driveways ............................................................................... 86
5.6
Loading Spaces ....................................................................................................... 87
5.7
Queuing Lane Requirements ................................................................................... 89
5.8
Parking Restrictions ................................................................................................. 91
Section 6: Zone Provisions ............................................................................................................. 93
6.1
Zone Provisions ....................................................................................................... 93
6.2
Residential Zones .................................................................................................... 94
6.3
Commercial Zones ................................................................................................. 103
6.4
Downtown and Urban Centre Zones ...................................................................... 107
6.5
Employment Zones ................................................................................................ 114
6.6
Institutional and Cemetery Zones ........................................................................... 117
6.7
Open Space Zones ................................................................................................ 118
6.8
Transitional Zone ................................................................................................... 120
Section 7: Overlay Zones .............................................................................................................. 121
7.1
Floodplain and Other Natural Hazards Zone .......................................................... 121
Town of Newmarket Zoning By-law Consolidated August 2025 iv
Section 8: Special Provisions, Holding Provisions, Temporary Use Zones, and Interim Control
Zones .................................................................................................................... 122
8.1
Special Provisions .................................................................................................. 122
8.2
Holding Provisions ................................................................................................. 279
8.3
Temporary Use Zones............................................................................................ 337
8.4
Interim Control Zones ............................................................................................. 337
Section 9: Enactment ..................................................................................................................... 339
9.2
Readings by Council .............................................................................................. 339
9.3
Certification ............................................................................................................ 339
Illustrations..................................................................................................................340
Illustration 1 - Basement; Basement, Walkout; and, Cellar ............................................................. 340
Illustration 2 - Dwelling Types ......................................................................................................... 341
Illustration 3 - Dwelling Types ......................................................................................................... 342
Illustration 4 - Floor Space Index ..................................................................................................... 343
Illustration 5 - Height ....................................................................................................................... 344
Illustration 6 - Lot Types .................................................................................................................. 345
Illustration 7 - Yards and Yard Setbacks .......................................................................................... 346
Town of Newmarket Zoning By-law Consolidated August 2025 v
Preamble
Introduction
These pages explain the purpose of this zoning By-Law and how it should be
used. These pages do not form part of the zoning By-Law passed by Council and
are intended only to make the zoning By-Law more understandable and easier to
reference.
Purpose of This Zoning By-Law
The purpose of this zoning By-Law is to implement the policies of the Town of
Newmarket Official Plan. The Official Plan contains general policies that affect
the use of land throughout the municipality. These policies specify where certain
land uses are permitted and, in some instances, specify what regulations should
apply to the development of certain lands.
The Official Plan is a general document that is not intended to regulate every
aspect of the built-form on a private lot. In the Province of Ontario, this is the
role of the zoning By-Law. Once an Official Plan is in effect, any Zoning By-Law
passed by Council must conform to the Official Plan. For example, if the Official
Plan stated that lands in the vicinity of a significant natural feature are to remain
in their natural state, the zoning By-Law would prohibit the erection of
buildings or structures on those lands.
The statutory authority to zone land is granted by the Ontario Planning Act. The
Planning Act specifies what a By-Law can regulate. A zoning By-Law can:
-
prohibit the use of land or buildings for any use that is not specifically
permitted by the By-Law;
-
prohibit the erection or siting of buildings and structures on a lot
except in locations permitted by the By-Law;
-
regulate the type of construction and the height, bulk, location, size,
floor area, spacing, and use of buildings or structures;
-
regulate the minimum frontage and depth of a parcel of land;
-
regulate the proportion of a lot that any building or structure may occupy;
-
regulate the minimum elevation of doors, windows or other openings in buildings or
structures;
Town of Newmarket Zoning By-law Consolidated August 2025 vi
-
require parking and loading facilities be provided and maintained
for a purpose permitted by the By-Law; and,
-
prohibit the use of lands and the erection of buildings or structures on land that is:
-
Subject to flooding;
-
the site of steep slopes;
-
rocky, low-lying, marshy or unstable;
-
contaminated;
-
a sensitive groundwater recharge area or head water area;
-
the location of a sensitive aquifer;
-
a significant wildlife habitat area, wetland, woodland, ravine, valley
or area of natural and scientific interest;
-
a significant corridor or shoreline of a lake, river or stream; or,
-
the site of a significant archaeological resource.
How to Use This By-Law
In order to reference this By-Law most easily, a property owner should follow
each of the steps listed below to determine what permissions apply to their
particular property.
1. Locate the Property on a Map
Maps in a zoning By-Law are called 'Schedules'. The first step to using this
By-Law is to refer to the zone schedules that are contained at the back of the
By-Law to determine in which zone category your property is located. The
zone category will be indicated on the schedules by a symbol or abbreviation.
For example, you may see a symbol such as "R1" beside your property. This
would indicate that your property is within the 'Residential Type 1 Zone'. The
zone symbols or abbreviations are explained on the first page of Section 2 of
the By-Law.
Section 2 also provides assistance to help you identify the zone boundaries
on the Schedules. For example, if your property appears close to a zone
boundary and you are not sure how to determine exactly where that boundary
is located, refer to Section 2.4 of the By-Law.
2. By-Law Amendments
A zoning By-Law is not a static document; it is amended over time as
demands and policies governing land use change. Before proceeding any
further, you should verify that your property is not the subject of an earlier
zoning By-Law amendment. These amendments are listed in Section 8 of this
By-Law. More recent amendments may not be included in the version of the
By-Law you are using. Staff in the Town's Planning Department will be able to
assist you to confirm if your property has been subject to a more recent By-
Law amendment.
Town of Newmarket Zoning By-law Consolidated August 2025 vii
3. Permitted Uses
The next step to using this By-Law is to determine what uses are permitted
on your property. Section 6 of the By-Law identifies the permitted uses for
each zone in the municipality. The definitions in Section 3 can assist you if
you are not sure of the nature of a use or how it has been defined for the
purposes of this By-Law. Uses which are not identified as permitted uses
within a particular zone are not permitted in that zone.
4. Zone Standards
Steps 1 and 2 have now identified the zone in which your property is located
and have identified what uses are permitted on your property. The next step
is to determine what standards may apply to the uses on your property.
Section 6 of the By-Law also identifies the zone standards for each zone in
the municipality including standards for minimum lot area, minimum frontage
requirements, minimum yard requirements, maximum lot coverage for
buildings, maximum permitted height of buildings and in some cases, the
minimum required landscaped open space on the lot.
The primary zone structure of this By-Law includes a list of permitted uses
and zone standards for each zone category. In some cases, an additional set
of regulations are identified through the use of an Overlay Zone. An Overlay
Zone is a second layer of zone regulations that take precedence over the
zone category requirements. Where an Overlay Zone has been applied, the
permitted uses of the underlying zone continue to apply however, more
restrictive provisions of the Overlay Zone replace the specified regulation of
the underlying zone. An Overlay Zone is a second level of standards that
allow the Town of Newmarket to address unique or special circumstances
through the zoning process.
5. General Provisions
Now that you are aware of the uses permitted on your property and the
specific zone standards that apply to those uses, reference should be made
to Section 4 of this By-Law. Section 4 contains a more generic set of
standards known as 'General Provisions' that apply to all properties in all
zones throughout the municipality. For example, the general provisions
contain standards that regulate the construction and location of accessory
buildings and platforms that apply to all properties regardless of where in the
municipality a property is located.
Town of Newmarket Zoning By-law Consolidated August 2025 viii
6. Parking and Loading
There is one final section of the By-Law that should be consulted when
determining what permissions apply to your specific property. Section 5
provides the parking and loading requirements for all permitted uses in the
municipality. If you are considering changing the use of your property or
adding a new use to your property, you should review Section 5 to ensure that
you are aware of the parking requirements for the proposed use.
7. Explanatory Notes
A series of drawings are provided in the back of this document to assist the
reader in interpreting the Zoning By-Law provisions. These drawings are for
illustration purposes only and do not form part of the actual By-Law.
Description of By-Law Components
This By-Law contains 9 sections which together, provide the standards
applicable to all lands within the municipality. These sections are as follows:
Section 1 - Interpretation and Administration
Section 2 - Establishment of Zones
Section 3 - Definitions
Section 4 - General Provisions
Section 5 - Parking and Loading
Section 6 - Zone Provisions
Section 7 - Overlay Zones
Section 8 - Special Provisions, Holding Provisions, Temporary Uses and Interim Control
By-Laws
Section 9 - Enactment
The purpose of each of these sections is described below.
Town of Newmarket Zoning By-law Consolidated August 2025 ix
Section 1 - Interpretation and Administration
This section of the By-Law specifies:
-
what lands are covered by the By-Law;
-
that every parcel of land in the area covered by the By-Law is to conform
and comply with the By-Law; and,
-
what penalties can be levied against a person or a corporation if they
contravene any provision in the By-Law.
Section 2 - Establishment of Zones
This section establishes the Zones that apply to the lands covered by the By-
Law. This section also describes how to determine the location of the Zone
boundaries on the schedules.
Section 3 - Definitions
It is necessary to define words in a zoning By-Law because it is a legal
document. A By-Law must be drafted so that it can be enforced in a court of law.
These definitions will help provide clarity in the By-Law and ensure that the By-
Law and its intent is applied consistently.
Section 4 - General Provisions
This section contains a number of regulations that apply to certain types of uses,
buildings or structures regardless of where in the municipality or in what zone
they are located. For example, this section contains provisions dealing with the
construction of accessory buildings in any zone or provisions to regulate the
operation of home occupations.
Section 5 - Parking and Loading
Parking and loading facilities are required for almost all uses within the
municipality. This section provides the requirements for these facilities including
such regulations as the number of spaces required for residential and
commercial uses, minimum driveway width, minimum parking space size
and the location of parking facilities on a lot.
Town of Newmarket Zoning By-law Consolidated August 2025 x
Section 6 - Zone Provisions
This section lists the uses that are permitted in each Zone. The effect of these
Zones is to only permit certain uses in various parts of the municipality. The
only uses permitted in a zone are those that are specified in the By-Law. If a
use is not specifically mentioned as a permitted use in a Zone then it is not
permitted. Similarly, if a use is defined in Section 3 of the By-Law but does not
appear as a permitted use in any zone, then it is not a use permitted by the By-
Law.
This section also contains a number of regulations that control the placement,
bulk and height of a building on a lot. This includes regulations such as
minimum lot size, minimum frontage, maximum building height or the
maximum coverage of a building on a lot. In the case of the residential zone
regulatory sets, such zone standards are indicated within the parentheses on
the zoning maps indicating applicable regulatory set for the corresponding use
zone.
Section 7 - Overlay Zones
This section identifies the primary Overlay Zone that will be applied within the
Town. The Floodplain and Other Natural Hazards (FP-NH) Overlay Zone provide
individual regulations that can be applied to specific properties in conjunction with
specified use zones and/or established regulatory sets.
Section 8 - Special Provisions, Holding Provisions, Temporary Use
Zones and Interim Control By-Laws
This section provides a consolidated list of properties that are subject to Special
Provisions, Holding Provisions, Temporary Use Zones and Interim Control By-
Laws. Regulations which are specific to one property or a group of properties in
the Town are known as 'Special Provisions' and are shown on the Zone
Schedules with a suffix at the end of the zone code consisting of a dash
followed by a number (for example, '-123') to denote exceptions to the standard
regulations; a dash followed by the letter 'T' (for example '-T') to denote
temporary uses; and, a dash followed by the letters 'IC' (for example '-IC') to
denote an interim control zone.
Section 9 - Enactment
This section contains the signatures of the Mayor and the Clerk who signed the
By-Law when it was passed by Council in accordance with Section 34 of the
Planning Act, R.S.O. 1990.
Town of Newmarket Zoning By-law Consolidated August 2025 xi
Corporation of the Town of Newmarket
By-Law Number 2010-40
Whereas it is considered desirable to prohibit the use of land and the erection
and use of buildings or structures except for certain purposes, and to
regulate the type of construction and the height, bulk, location, size, floor area,
character and use of buildings in accordance with the provisions of Sections
26(9) and 34(13) of the Planning Act, R.S.O. 1990, c. P. 13 as amended;
Now therefore, the Council of the Corporation of the Town of Newmarket enact
as follows:
Town of Newmarket Zoning By-law Consolidated August 2025 1
Section 1: Interpretation and Administration
1.1
Title
This By-Law may be referred to as the "Town of Newmarket Zoning By-
Law" and applies to all lands within the Town of Newmarket.
1.2
Administration
This Zoning By-Law shall be administered and enforced by municipal staff
as appointed by the Council of the Corporation of the Town of
Newmarket.
1.3
Conformity and Compliance with By-Law
No person shall change the use of any building, structure or land;
erect or use any building or structure; or occupy any building or land
except in accordance with the provisions of this By-Law. Where any
buildings or land are used for more than one purpose, all provisions of
this By-Law relating to each separate use shall be applied.
Any use not specifically permitted by this By-Law shall not be permitted in
the Town of Newmarket. A use which is defined but not identified within a
permitted use table in any zone or by exception is not permitted.
1.4
Interpretation
Nothing in this By-Law shall serve to relieve any person from any
obligation to comply with the requirements of any other By-Law of the
Town of Newmarket or any other regulation of the Regional Municipality
of York, Province of Ontario or Government of Canada that may
otherwise affect the use of lands, buildings or structures in the Town of
Newmarket.
1.5
Permits
1.5.1 Building Permits
The requirements of this By-Law must be met before a building
permit is issued for the erection, addition to or alteration of any
building or structure.
Town of Newmarket Zoning By-law Consolidated August 2025 2
1.5.2 Other Permits Required
The requirements of this By-Law are in addition to the regulations
and standards established under separate legislation and
authority. In order to use land or buildings the Town may require
proof that the standards of other agencies have been met. Some of
these requirements may affect the permission for uses and
buildings and include but are not limited to limitations on use and
building established by the Lake Simcoe Region Conservation
Authority and the Ministry of Transportation.
1.6
Enforcement
Any person or corporation that contravenes any provision of this By-Law
is guilty of an offense and upon conviction is liable to the fine as provided
for in the Planning Act, R.S.O. 1990, Chapter P.13 as amended.
1.7
Severability
A decision of a court that one or more of the provisions of this By-Law
are invalid in whole or in part does not affect the validity, effectiveness
or enforceability of the other provisions or parts of the provisions of this
By-Law.
1.8
Effective Date
This By-Law shall come into force the day it was passed.
1.9
Repeal of Former By-Laws
a)
Town of Newmarket By-Law 1979-50 is repealed in its entirety,
including all of the Sections, Schedules and amendments that apply
to all lands subject to By- Law 1979-50, save except for those lands
that are:
i)
subject to By-Law 2003-121 (Oak Ridges Moraine)
ii)
lands legally described as Part of Lot 33, Concession
2 E.Y.S., Designated as Parts 9, 10 & 12 on Plan
65R-24321, Newmarket;
iii)
lands legally described as Part of Lot 31,
Concession 3 E.Y.S., Designated as Parts 10 and
11 on 65R-30703, Newmarket;
iv)
lands legally described as Block 1 on Plan 65M-3871;
v)
located at 135 Pony Drive;
vi)
located at 631 Davis Drive;
vii)
located at 115 Beswick Drive; and,
viii)
located on portions of 601 Newpark Boulevard.
Town of Newmarket Zoning By-law Consolidated August 2025 3
b)
Town of Newmarket By-Law 1981-96 is repealed in its entirety,
including all of the Sections, Schedules and amendments that apply
to all lands subject to By- Law 1981-96, save and except for those
lands that are:
i)
subject to By-Law 2003-121 (Oak Ridges Moraine); and,
ii)
located at 17360, 17380, 17390, 17410 Yonge Street, and
25, 45, 47 Millard Avenue West.
c)
The following Town of Newmarket By-Laws and all
amendments thereto are hereby repealed:
i)
1981-92;
ii)
1981-114;
iii)
1982-36;
iv)
1982-37;
v)
1982-38;
vi)
1982-39;
vii)
1982-78;
viii)
1983-79
1.10 Transition (By-law 2020-63)
This section applies to:
i.
Site-Specific Zoning By-law Amendments
All site-specific zoning by-law amendments approved and came
into full force and effect pursuant to Section 34 of the Planning
Act prior to the passing of By-law 2020-63 shall remain in force.
ii.
Minor Variances
All minor variances applied for prior to the passing of By-law
2020-63 and approved pursuant to Section 45 of the Planning Act
continue to apply and remain in force as if they are variances to
this By-law for lawfully existing lots, buildings or structures.
Nothing in this By-law shall prevent the erection or use of a
building or structure, for which:
a. A complete application for a minor variance under Section 45
of the Planning Act was filed on or prior to the date of passing
By-law 2020-63 and approved prior to or after the passing of
By-law 2020-63; or
b. A complete application for a minor variance under Section 45
of the Planning Act was filed and approved after to the date
of passing By-law 2020-63 based on a building permit
application filed on or prior to the date of passing By-law 2020-
63.
Town of Newmarket Zoning By-law Consolidated August 2025 4
For the purposes of this section, a "complete application for a
minor variance" means an application which satisfies the
requirements of Section 2 of Ontario Regulation 200/96 (Minor
Variance Applications) under the Planning Act.
iii.
Building Permit Applications
Nothing in this By-law shall prevent the erection or use of a building or
structure for which an application for a building permit was filed on or prior to
the date of passing By-law 2020-63, if the project in question complies, or the
building permit application for the project is amended to comply, with the
provisions of the zoning by-law as amended as it existed on the date of
passing By-law 2020-63.
An "application for a building permit" means an application for a building
permit that satisfies the requirements set out in Building By-law 2015-58 or
its successor by-law.
iv.
Site Plan Approval Applications
Nothing in this By-law shall prevent the erection or use of a building or
structure for a project for which a complete application for site plan
approval was filed on or prior to the date of passing By-law 2020-63, if the
project in question complies with the provisions of the applicable zoning by-
law on that date, or obtains necessary relief from the zoning by-law through
a minor variance under Section 45 of the Planning Act.
Where a project qualifies under this Section:
a. site plan approval may be granted if the project complies with the
provisions of the applicable zoning by-law as it read on the date it was
amended by By-law 2020-63 and all requirements of the Planning Act.
b. after final site plan approval is received for a project that qualifies under
Section 1.10 (iii), a building permit for that project may be issued if the
project in question complies, or the building permit application for the
project is amended to comply, with the provisions of the applicable
zoning by-law as it read on the date it was amended by By-law 2020-63,
the site plan approval, and all finally approved minor variances.
For the purposes of this section, a "complete application for site plan
approval" means an application which satisfies the requirements set out in
the Town of Newmarket Official Plan.
v.
Transition Clause Duration
Nothing in this By-law applies so as to continue the application of Section
1.10 beyond the issuance of the building permit upon which the exemptions
are founded.
Town of Newmarket Zoning By-law Consolidated August 2025 5
Section 2: Establishment of Zones
2.1
Establishment of Zones
The following zones are hereby established and they may be referred
to by name or by the symbol set opposite the name of the zone below:
Zone
Symbol
Residential Detached Dwelling 60m Zone
R1-A
Residential Detached Dwelling 30m Zone
R1-B
Residential Detached Dwelling 18m Zone
R1-C
Residential Detached Dwelling 18m Exception Zone
R1-CX
Residential Detached Dwelling 15m Zone
R1-D
Residential Detached Dwelling 13.7m Zone
R1-E1
Residential Detached Dwelling 12m Zone
R1-E
Residential Detached Dwelling 10.7m Zone
R1-F1
Residential Detached Dwelling 9.7m Zone
R1-F
Residential Detached Dwelling 9.1m Zone
R1-F2
Residential Detached Dwelling 9.7m Exception
Zone
R1-FX
Residential Link Dwelling Zone
R2-G
Residential Semi-Detached Dwelling 13.6m Zone
R2-H
Residential Semi-Detached Dwelling 17.4m Zone
R2-J
Residential Semi-Detached Dwelling 21.3m Zone
R2-K
Residential Semi-Detached Condominium Plan
Dwelling Zone
R2-CP
Residential Duplex Dwelling Zone
R3-K
Residential Multiple Unit Dwelling 1 Zone
R3-L
Residential Multiple Unit Dwelling 2 Zone
R4-M
Residential Townhouse Dwelling 1 Zone
R4-N
Residential Townhouse Dwelling 2 Zone
R4-P
Residential Townhouse Dwelling 3 Zone
R4-R
Residential Stacked Townhouse Dwelling Zone
R4-S
Residential Townhouse Condominium Plan
Dwelling Zone
R4-CP
Residential Apartment Dwelling 1 Zone
R5-S
Residential Apartment Dwelling 2 Zone
R5-T
Convenience Commercial Zone
CC
Service Commercial Zone
CS
Retail Commercial 1 Zone
CR-1
Retail Commercial 2 Zone
CR-2
Town of Newmarket Zoning By-law Consolidated August 2025 6
Zone
Symbol
Automotive Commercial Zone
CA
Office Commercial 1 Zone
CO-1
Office Commercial 2 Zone
CO-2
Provincial Urban Centre Zone
UC-P
Regional Urban Centre Zone
UC-R
Historic Downtown Urban Centre Zone
UC-D1
Downtown Urban Centre Zone
UC-D2
Healthcare Urban Centre Core Hospital South Zone
UC-H1
Healthcare Urban Centre Core Hospital North Zone
UC-H2
Healthcare Urban Centre Complementary Use 1 Zone UC-HC1
Healthcare Urban Centre Complementary Use 2 Zone UC-HC2
Healthcare Urban Centre Complementary Use 3 Zone UC-HC3
Mixed Employment Zone
EM
General Employment Zone
EG
Heavy Employment Zone
EH
Major Institutional Zone
I-A
Minor Institutional Zone
I-B
Institutional Cemetery Zone
I-C
Open Space Zone
OS-1
Private Open Space Zone
OS-2
Environmental Protection Zone
OS-EP
Transitional Zone
TR
Floodplain and Other Natural Hazards Overlay Zone
FP-NH
2.2
Zone Symbols
The zone symbols may be used to refer to lots, buildings and
structures and to the use of lots, buildings and structures permitted
by this By-Law. Special Provisions, Holding Provisions, Temporary Use
Zones and Interim Control Zones are identified in Section 8 of this By-
Law.
2.3
Zone Maps
The zones and zone boundaries are shown on Maps 1 through 21 which
are attached to and form part of this By-Law.
Town of Newmarket Zoning By-law Consolidated August 2025 7
2.4
Determining Zone Boundaries
When determining the boundary of any zone as shown on Schedule A,
forming part of this By-Law, the following provisions shall apply:
i)
a boundary indicated as following a highway, street, lane, railway
right-of-way, or watercourse shall be the centre line of such
highway, street, lane, railway right-of-way, or hydro corridor;
ii)
a boundary indicated as following lot lines or the municipal
boundaries of the Town of Newmarket shall follow such lot lines
or boundary;
iii)
where a boundary is shown parallel to a street line and the
distance from the street line is not indicated, the boundary shall
be deemed to be parallel to such a street line and the distance
from the street line shall be determined according to the bar
scale shown on the zone map;
iv)
where two or more zones are located on a single lot and the
distance of the respective zone boundaries is indicated on the
zone maps, the boundary shall be determined in accordance with
the distances noted on the zone maps;
v)
where a lot is divided into two or more zones the zone boundary
dividing the lot shall be deemed to be a lot line for purposes of
calculating required setbacks and coverage, and each portion of
the lot is required to satisfy the provisions of this By-Law for the
applicable zone; and,
vi)
where none of the above provisions apply, the zone boundary
shall be scaled from the zone map.
Town of Newmarket Zoning By-law Consolidated August 2025 8
Section 3: Definitions
Adult Entertainment Parlour
Means any premises or part thereof in which is provided, in pursuance of a
trade, calling, business or occupation, goods or services appealing to or
designed to appeal to erotic or sexual appetites or inclinations as licensed in
accordance with the Town of Newmarket.
Air Conditioner
Means any mechanical equipment which is required for residential domestic use
and which must be installed outdoors including central air conditioning units,
heat pumps, heat exchange units, emergency generators and other such
equipment.
Alternative Massage means any massage that is not provided by persons
licensed, or registered as a regulated health professional under the laws of the
Province of Ontario by the College of Massage Therapists as registered
massage therapists or massage therapists to provide medical or therapeutic in
nature, nor is it designed to appeal to erotic appetites or inclinations.
Art Gallery
Means a premises where paintings, sculptures, or other works of art are exhibited or sold.
Balcony
Means a raised platform or structure in excess of 3 metres above grade which is
not supported by vertical uprights other than from the exterior wall of the building
from which it projects and is only accessible from within the building.
Banquet Facility
Means a premises used for the purpose of catering to large groups of people for
which food and beverages are prepared and served.
Basement (By-law 2020-63)
Means a portion of a building that is underground, which has more than one third of its
height above finished grade but where the height above finished grade does not exceed:
- 1.2 metres for lots Zoned R1, R2 or R3; or,
- 1.8 metres for lots in all other Zones.
Basement, Walkout
Means that portion of a building which is partly underground, but which has
more than 50% of the floor area not greater than 0.6 metres below established
grade, and which has an entrance or exit at grade level. (see Illustration 1)
Town of Newmarket Zoning By-law Consolidated August 2025 9
Bay Window
Means a window that projects outward from an exterior wall of the dwelling but
does not include any floor area of the dwelling unit.
Bed and Breakfast Establishment
Means a dwelling or part of a dwelling in which not more than 3 bedrooms
are used or maintained for the accommodation of the travelling public, in
which the owner-occupant supplies lodgings with or without meals for hire
or pay but shall not include any other establishment otherwise defined or
classified in this By-Law.
Bicycle Parking Space, Long-term
Long-term bicycle parking are spaces that are located in a building, enclosed
in a lockable locker, or enclosed in a secured area with controlled access.
Bicycle Parking Space, Short-term
Short-term bicycle parking are spaces that are located outdoors, on a bicycle
rack, or in an easily accessible location.
Body Rub
Deleted (By-law 2021-49)
Body Rub Parlour
Deleted (By-law 2021-49)
Building
Means a structure occupying an area greater than 10 m2 and consisting of
any combination of walls, roof and floor or any structural system serving the
function thereof, including all associated plumbing, works, fixtures and service
systems. This definition shall also include a private sewage system but shall
not include a mobile home.
Building or Structure, Accessory
Means a detached building or structure, the use of which is incidental,
subordinate and exclusively devoted to a main building or main use on the
same lot. (By-law 2011-25)
Building Line
Means a line which runs parallel to a lot line for the purpose of establishing
the minimum distance that must exist between a building or structure
erected on the lot and a lot line of the lot.
Town of Newmarket Zoning By-law Consolidated August 2025 10
Building Line, Established
Means the average distance from the street line to existing buildings in any
block where more than one-half (1/2) the frontage has been built upon, at the
date of the final passing of this By- Law.
Building Supply Outlet
Means a premises in which building or construction materials are offered or kept for sale.
Building, Principal or Main
Means a building which constitutes, by reason of its use, the primary purpose for which
the lot is used.
Bulk Fuel Depot
Means a premises where petroleum, gasoline, fuel, oil, propane or other
flammable liquid or fluid is stored, warehoused and/or kept for retail sale.
Carpool Space or High Occupancy Vehicle Space
A designated parking space for vehicles to be used only by vehicles
carrying more than one occupant.
Carport
Means a building or structure attached to the principal or main building,
which is not more than 60% enclosed by area of its walls, and may be used for
the parking or storage or one or more motor vehicles.
Cellar
Means a storey or any part of a storey which has less than one third of its height above
the finished grade. (see Illustration 1)
Cemetery
Means land that is set apart or used for the interment of the deceased or in
which human remains have been buried, and may include a crematorium, a
columbarium and a mausoleum but does not include any facilities for public
assembly.
Columbarium
Means a structure designed for the purpose of interring cremated human
remains in sealed compartments.
Town of Newmarket Zoning By-law Consolidated August 2025 11
Commercial Motor Vehicle
Means a motor vehicle, equipment, or trailer designed to be used for commercial
purposes that includes but is not limited to: catering or canteen trucks, a food
vehicle, buses, cube vans, tow trucks, tilt and load trucks or trailers, dump
trucks, tractor trailers, semitrailers, or construction equipment that is self-
propelled or designed to be towed. For greater clarity, this definition does not
include vehicles that are used for commercial purposes but are otherwise of a
physical form that does not meet this definition.
Commercial Recreation Centre
Means a commercial establishment in which facilities are provided for
recreational athletic activities and may include associated facilities such as a
sauna, office space, yoga studio, retail shop and related lounge facilities but
shall not include a private club. May also include premises where leisure
activities are offered for gain or profit such as a cinema, arts theatre, billiard or
pool rooms, bowling alley, or similar activity for the enjoyment of the public but
shall not include an adult entertainment parlour or a nightclub.
Commercial School
Means a premises operated as a school with teachings dedicated to a
specialized skill set and which is conducted for gain or profit but shall not include
a studio.
Community Centre
Means a building or structure owned and/or operated by the Town of
Newmarket that provides facilities for indoor recreational activities and/or other
community facilities for use by the public.
Conservation Use
Means an area of land that is generally left in its natural state and which is
used to preserve, protect and/or improve components of the natural heritage
system and may include hiking trails as an accessory use.
Contractors Yard
Means a yard of any building trade or contractor where equipment and
material is stored or where a contractor performs shop or assembly work,
within a wholly enclosed structure.
Convenience Store
Means a retail store that provides a variety of household necessities,
groceries and other convenience items primarily to the immediate
neighbourhood.
Town of Newmarket Zoning By-law Consolidated August 2025 12
Crematorium
Means a premises used for the purpose of the cremation of human remains.
Day Nursery
Means a premises where more than 5 children are provided with temporary care
and/or guidance for a continuous period not exceeding 24 hours and is licensed
in accordance with the Child Care and Early Years Act or its successor
legislation.
Daylighting Triangle
Means a triangular area of land on a corner lot, free of buildings or
structures, formed by measuring from the point of intersection of the street
lines, the distance required by this By- Law along each such street line and
joining such points with a straight line.
Deck (By-law 2012-74)
Means a platform, with no solid roof or walls, which is constructed on piers or a
foundation above finished grade adjacent to a ground floor or walkout
basement wall, is used as an outdoor living area, and shall include stairs and
privacy screening up to 2.0 metres in height measured from the deck floor to
the highest part of the privacy screen including any ornamental features.
Domestic Animal Care Facility
Means a service commercial establishment in which domestic animals are cared
for on a short term daily basis in an open setting and may include accessory
grooming and training facilities but excludes a kennel.
Dormer (By-law 2020-63)
Means a roof structure, often containing a window, which projects both vertically
and horizontally beyond the plane of a pitched roof, occupying an area equal to
or less than 30% of the total horizontal roof area on each side of the roof.
Dormitory
Means a residence hall owned or operated by the Southlake Regional Health
Centre, providing temporary accommodation and consisting of either dwelling
units, rooming units, or a mixture of both. A Dormitory may involve shared
cooking or washroom facilities. Meals may or may not be provided to residents.
Common areas such as living rooms may or may not be provided. A Dormitory
does not include a group home, special needs facility, halfway house, or a
long term care facility.
Town of Newmarket Zoning By-law Consolidated August 2025 13
Drive-Thru Facility
Means a building or structure or part thereof where goods, food or services are
offered to the public within a parked or stationary vehicle by way of a service
window or kiosk, where goods, money or materials are exchanged.
Driveway
Means that portion of a lot used to provide vehicular access from a roadway
to an off-street parking or loading area located on the same lot as the
principal use.
Driveway, Width Of
Means the widest horizontal surface of any driveway required by this By-Law,
measured along a line parallel to the front lot line or exterior side lot line and
includes any portion of hard landscaping or pavement contiguous to a driveway
or parking space where parking or storage of a motor vehicle could be
accommodated.
Dry Cleaning Depot
Means a premises used for the purpose of receiving articles or goods of fabric
to be laundered or dry-cleaned elsewhere.
Dry Cleaning Establishment
Means a premises in which the business of laundry or dry cleaning is housed
and where the cleaning, drying, ironing, and finishing of such goods are
conducted.
Dwelling Unit
Means a room or group of rooms to be used by one family that functions as a
single independent housekeeping unit in which cooking facilities, living quarters
and sanitary facilities are provided for the exclusive use of those residing within
the unit only, and with a private entrance from outside the building or from a
common hallway or stairway inside.
Dwelling Unit, Accessory
Means a separate dwelling unit that is located within the structure of a detached
or semi- detached dwelling unit and which is clearly subordinate or incidental to
the principal dwelling.
Town of Newmarket Zoning By-law Consolidated August 2025 14
Dwelling, Apartment Building
Means a building containing 4 or more dwelling units which are rented or
owned by the occupants and which have a common entrance from the street
level and the occupants of which have the right to use in common, hallways,
stairs, and/or elevators and yards but does not include any other dwelling
defined herein. (see Illustration 3)
Dwelling, Back to Back Townhome (By-law 2014-51)
Means a building containing a minimum of 6 and not more than 20 dwelling units
that is divided by common walls including a common rear wall without a rear yard
setback, and where each dwelling unit has an independent entrance to the
dwelling unit from the outside which is accessed through the front yard or exterior
side yard.
Dwelling, Detached
Means a building containing only one primary dwelling unit exclusive of any
accessory dwelling unit. (see Illustration 3)
Dwelling, Duplex
Means a building that is divided horizontally above grade into 2 dwelling units,
each of which has an independent entrance either directly or through a common
vestibule. (see Illustration 3)
Dwelling, Fourplex
Means a building that is divided horizontally or a combination of horizontally and
vertically into four dwelling units, each of which has an independent entrance
either directly to the outside or through a common vestibule.
Dwelling, Link
Means a building divided vertically into two separate dwelling units above
ground, each with an independent entrance to the outside, but the foundation
for each dwelling unit being connected to a common wall below grade.
Dwelling, Maisonette
Means a building that is divided into three or more dwelling units, each of
which has independent entrances, one to a common corridor and the other
directly to the outside yard area adjacent to the dwelling unit.
Dwelling, Mixed Use Building
Means a building containing 4 or more dwelling units and a non-residential
use. A mixed use building is not an apartment building.
Town of Newmarket Zoning By-law Consolidated August 2025 15
Dwelling, Quadruplex
Means a building that is divided vertically, with no common entrance, into 4
separate dwelling units, each of which has 2 common walls. (see Illustration 3)
Dwelling, Semi-Detached
Means a building divided vertically into two dwelling units above and below grade, each
such dwelling unit having an independent entrance from outside the building. (see
Illustration 3)
Dwelling, Stacked Townhouse
Means a residential building containing a minimum of four and a maximum of
twenty units, provided that:
-
stacked townhouse buildings shall have a maximum length of 60 m;
-
not more than half of all dwelling units shall be on the ground floor;
-
dwelling units shall be fully attached to adjoining units; and,
-
access to all second level units shall be from an interior stairway within
the stacked townhouse building.
(see illustration 3)
Dwelling, Townhouse
Means a building that is divided vertically into 3 or more dwelling units, each
of which has independent entrances to a front and rear yard. (see Illustration
3)
Dwelling, Triplex
Means a building that is divided horizontally into 3 dwelling units, each of
which has an independent entrance either directly or through a common
vestibule. (see Illustration 3)
Emergency Service Facility
Means a building that houses emergency personnel, their supplies and vehicles
and may include an ambulance response facility, fire station or police station.
Existing
Means existing as of the date of the final passing of this By-Law.
Family
Means one person or two or more persons living together as a single independent
housekeeping unit within one dwelling unit and includes bona fide on-site
domestic service providers and not more than two roomers or boarders.
Town of Newmarket Zoning By-law Consolidated August 2025 16
Financially Assisted Dwelling Unit
Means a dwelling unit in a mixed use building or an apartment building
which is operated or owned by a government agency, a registered charitable
corporation, or a registered non-profit corporation as a residential
accommodation for persons who require financial assistance towards the regular
costs of renting or owning such dwelling unit.
Financial Institution
Means a premises where financial transactions including the borrowing,
depositing, exchanging of currency and credit occurs and may include an
automated banking machine.
Floor Area, Gross
Means the aggregate of all floor areas of a building or structure, which floor
areas are measured between the exterior faces of the exterior walls of the
building at each floor level but excluding any porch, veranda, cellar,
mechanical room or penthouse, or areas dedicated to parking within the
building. For the purposes of this definition, the walls of an inner court shall be
deemed to be exterior walls. For the purposes of calculating required parking
spaces, all common areas within buildings including hallways, stairways,
elevator shafts, service/mechanical rooms, washrooms, garbage/recycling
rooms, staff locker and lunch rooms, loading areas, amenity space and any
space with a floor to ceiling height of less than 1.8 metres shall be excluded.
Floor Area, Ground
Shall mean the floor area of the lowest storey of a building approximately at or
first above the finished grade level excluding any basement, cellar or sub-
cellar, which area is measured between the exterior faces of the exterior walls at
the floor level of such storey, but:
i)
excludes areas to accommodate parking within the building; and,
ii)
for the purposes of this definition, the walls of an inner court shall be
deemed to be exterior walls.
Floor Area, Leasable
Means the aggregate area of all floors in a building measured from the centre
line of the joint interior partitions and from the exteriors of outside walls, and used
or capable of being used for commercial purposes, such as sales, display,
storage and offices but excluding storage areas below grade.
Town of Newmarket Zoning By-law Consolidated August 2025 17
Floor Area, Net
Means the aggregate of the floor areas of a building, but excluding common
hallways, stairways, elevator shafts, service/mechanical rooms, washrooms,
garbage/recycling rooms, staff locker and lunch rooms, loading areas, areas
dedicated to parking within the building, and any space with a floor to ceiling
height of less than 1.8 metres.
Floor Space Index
Means the gross floor area of all buildings on a lot divided by the lot area. (see
Illustration 4)
Food Vehicle
Means the accessory use that is an outdoor vehicle not permanently affixed to
the ground and capable of being moved on a daily basis, from which food and/or
refreshments are provided for sale or sold, and includes a motorized, self-
propelled vehicle (i.e. food truck), a vehicle that is not self-propelled, but can be
towed (i.e. food trailer) and a vehicle moved by human exertion (i.e. food cart).
Funeral Home
Means a premises designed for the purpose of furnishing funeral supplies and
service to the public and includes facilities intended for the preparation of human
remains for interment or cremation but does not include a crematorium.
Garage, Residential
Means an enclosed building or part thereof, accessed via a driveway, located
within a Residential Zone that is used for the storage of private motor
vehicles, recreational vehicles and trailers. (By-law 2020-63)
Garden Centre
Means a premises or portion of a premises, used for the display and retail
sale of flowers, plants, trees and shrubs and shall also include the retail sale
of such goods, products and equipment as are normally associated with
gardening or landscaping.
Golf Course
Means a public or private area operated for the purpose of playing golf
and may include accessory driving ranges, miniature golf courses and
similar uses.
Grade
Means the level of the ground adjacent to the outside wall of a building or structure.
Town of Newmarket Zoning By-law Consolidated August 2025 18
Grade, Established or Finished (By-law 2020-63)
Means
For single detached dwellings, semi-detached dwellings, duplex dwellings, triplex
dwellings, and fourplex dwellings, the average elevation of the ground, measured
at the two points where the front yard meets adjacent side lot lines (see
Illustration 7);
For all other structures, the average of the levels of the finished ground surface
at every location of change of grade along the exterior walls of a building or
structure.
Group Home
Means a residence licensed or funded under a federal or provincial statute
for the accommodation of 3 to 8 persons, exclusive of staff, living under
supervision in a single housekeeping unit and who, by reason of their
emotional, mental, or social or physical condition, require a group living
arrangement for their well-being but shall not include a halfway house.
Habitable Room
Means a room designed for living, sleeping, eating or food preparation.
Halfway House
Means a facility funded, licensed, approved, or supervised by the Province
of Ontario as a detention or correctional facility under any general or special
Act and amendments or replacements thereto, for the accommodation of 3
or more residents, exclusive of staff.
Hazardous Substances
Means substances which, individually, or in combination with other substances,
are normally considered to pose a danger to public health, safety and the
environment. These substances generally include a wide array of materials that
are toxic, ignitable, corrosive, reactive, radioactive or pathological.
Heavy Equipment Sales, Rental and Service
Means a premises in which heavy machinery and construction equipment are
offered or kept for sale, service, rent, lease or hire under agreement for
compensation.
Town of Newmarket Zoning By-law Consolidated August 2025 19
Height, Building (By-laws 2011-25 and 2020-63) (see Illustration 5)
Means the vertical distance measured between the established or finished
grade and any of the following:
-
On a flat roof or mansard roof, the highest point of the roof surface
or the parapet, whichever is the greater;
-
On a gabled, hip, gambrel or any other type of pitched roof, the
mean distance between the eaves and ridge of a roof; or
-
The highest point of a structure without a roof.
Height, Accessory Residential Structure
Means the distance from the finished grade to the highest point of the structure.
Height, Finished First Floor (By-law 2020-63)
Means the finished height of the first floor of a building, inclusive of the entryway
or landing, occupying an area greater than or equal to 50% of the total horizontal
first floor area, and measured relative to the elevation of established or finished
grade.
Home Occupation
Means any lawful occupation or business which is conducted entirely within a
dwelling unit and which is clearly subordinate or incidental to the primary
residential use of the dwelling.
Hospital
Means any institution, building or other premises established for the treatment
of persons afflicted with or suffering from sickness, disease or injury, or for the
treatment of convalescent or chronically ill persons that is approved under the
Public Hospitals Act as a public hospital and may include a gift shop, cafeteria or
other accessory uses normally associated with a hospital.
Hotel
Means a commercial establishment offering accommodation to the travelling
public on a daily rate basis and may include such accessory uses as a
restaurant, banquet facilities, meeting rooms, swimming pool and a fitness
establishment.
Institutional Day Centre
Means a premises, used to deliver a day time program of structured and
supervised activities and/or short term temporary care for youths, adults, seniors
or persons with disabilities but shall not include a day nursery.
Town of Newmarket Zoning By-law Consolidated August 2025 20
Kennel
Means premises used for boarding, training, or breeding of dogs, cats, or
other domestic animals. For greater clarity, does not include a Domestic
Animal Care Facility.
Landscaped Buffer
Means the area of a lot which serves to provide separation and to partially or
fully obstruct the view of adjacent land uses by means of vegetative screening,
fencing and/or berms.
Lane, Private
Means a private thoroughfare.
Lane, Public
Means a public thoroughfare which affords only a secondary means of access to abutting
lots and which is not intended for general traffic circulation.
Laundromat
Means a premises where laundry machines, using only water and detergents
are made available to the public for the purpose of cleaning clothes and other
articles made of fabric and which may include a drop-off laundry service.
Library
Means a building containing printed, electronic and pictorial material for
public use for purposes of study, reference and recreation.
Light Equipment Sales and Rental
Means a premises in which light machinery and equipment are offered or kept
for sale, rent, lease or hire under agreement for compensation and which may
include an accessory service shop.
Live Work Unit
Means a building containing a professional office and a dwelling unit in
which, the owner/occupant of the office resides.
Loading Space
Means an unobstructed area of land which is provided and maintained upon the
same lot or lots upon which the principal use is located and which area is
provided for the temporary parking of one commercial motor vehicle while
merchandise or materials are being loaded or unloaded from such vehicles.
Town of Newmarket Zoning By-law Consolidated August 2025 21
Long Term Care Facility (By-law 2012-74)
Means a nursing home licensed in accordance with applicable federal
and or provincial legislation.
Lot
Means a parcel of land which is legally capable of being conveyed in
accordance with the Planning Act R.S.O. 1990, Chapter 13 as amended,
or is described in accordance with a registered Plan of Condominium.
Lot Area
Means the total horizontal area within the lot lines of the lot. In the case of a
comer lot having street lines rounded at one or more corners with a radius of
six metres or less, the lot area is to be calculated as if the lot line were
projected to intersection points.
Lot Coverage
Means the percentage of the lot area covered by all buildings, structures or
parts thereof, at or above average grade or established grade, exclusive of
uncovered decks, uncovered porches, pergolas, ornamental structures such
as mailboxes or birdhouses, and outdoor swimming pools.
Lot Frontage
Means the horizontal distance between parallel side lot lines measured along
the front lot line. Where the front lot line is not a straight lot line, or where the
side lot lines are not parallel, the lot frontage shall be measured by a line 7.5
metres back from and parallel to the chord of the lot frontage. The chord of the
lot frontage is a straight line joining the two points where the side lot lines
intersect the front lot line. (see Illustration 6)
Lot, Corner
Means a lot situated at the intersection of and abutting onto two or more
streets or two sections of the same street, provided that the angle of
intersection of such street(s) is not more than one hundred and thirty-five
degrees. (see Illustration 6)
Lot, Interior
Means a lot other than a corner lot. (see Illustration 6)
Lot, Through
Means a lot bounded on opposite sides by a public street. (see illustration 6)
Lot Line
Means a boundary of a lot including its vertical projection.
Town of Newmarket Zoning By-law Consolidated August 2025 22
Lot Line, Exterior Side
Means a side lot line which abuts the street on a corner lot. (see Illustration 6)
Lot Line, Front
A front lot line shall be defined as follows:
1) In the case of an interior lot, shall be the lot line abutting a street.
2) In the case of a corner lot, shall be the shorter lot line that abuts a street.
3) In the case of a corner lot with two street lines of equal length, shall
be the lot line which abuts a Regional Road. In the case that both
abutting streets are under the same jurisdiction or are of the same
width, the Municipality may designate either street line as the front lot
line.
4) In the case of a corner lot abutting a 0.3 metre reserve, shall be the
lot line which does not abut the 0.3 metre reserve.
5) In the case of a through lot, shall be the longer boundary dividing the
lot from the street. In the case that both such lot lines shall be of equal
length, the Municipality may designate either street line as the front
lot line.
(see Illustration 6)
Lot Line, Rear
Means the lot line or intersection of the side lot lines, opposite to, and most distant from,
the front lot line. (see Illustration 6)
Lot Line, Side
Means a lot line, other than a front or rear lot line. In the case of a corner lot, the lot line
that abuts a street shall be identified as the exterior side lot line. (see Illustration 6)
Manufacturing
Means the use of land, building or structures for the manufacturing,
processing, fabricating or assembly of raw materials or goods and related
accessory uses.
Manufacturing, Light
Means the use of buildings or structures primarily for the purpose of
manufacturing, processing, fabrication, assembly, treatment, packaging, or
distribution and incidental indoor storage of goods and materials and may
include accessory sales of such products but does not include basic industrial
processing from raw materials. All such activities shall be conducted wholly
within one or more buildings.
Town of Newmarket Zoning By-law Consolidated August 2025 23
Mausoleum
Means a building or structure used for the interment of human remains in
sealed crypts or compartments.
Medical Clinic
Means a walk-in premises where members of the medical profession
provide diagnosis and treatment to the public without overnight
accommodation and may include accessory dispensary facilities.
Medical/Dental Laboratory
Means a premises used for the collection, testing or analysis of biological
specimens and samples.
Medical Office
Means a building or part thereof, used to accommodate the offices of one or
more medical physicians, dentists, drugless practitioners, or other healthcare
professionals to provide diagnosis and treatment to patients, but which does
not provide overnight accommodation.
Medical Practitioner, Sole
Means a building used to accommodate the office of one physician, dentist,
or drugless practitioner.
Micro-Industrial Use
Means the small-scale production, processing, packaging and storage of food
or beverages, and/or other goods produced in limited quantities, where such an
establishment includes an ancillary restaurant, retail food store or retail store
use through which such goods are sold or served to the public on-site, and
which goods may be sold or distributed wholesale to off-site users or resellers.
Mobile Home
Means a transportable, factory-built dwelling unit manufactured in
accordance with CSA standards that is intended to provide permanent
residence but does not include any trailer otherwise defined in this By-Law.
Motor Vehicle
Means automobile, motorcycle, motor assisted bicycle or any other vehicle
propelled or driven other than by muscular power, but does not include a street
car, or other motor vehicles running only upon rails, or a motorized snow
vehicle, traction engine, farm tractor, riding lawn-mower, self-propelled
implement of husbandry or road-building machine within the meaning of the
Highway Traffic Act. R.S.O. 1990, or successor thereto.
Town of Newmarket Zoning By-law Consolidated August 2025 24
Motor Vehicle Body Shop
Means a premises used for the painting or repairing of motor vehicle bodies,
exterior and under-carriage, and in conjunction with which there may be a
towing service or motor vehicle rental establishment but shall not include a
salvage yard.
Motor Vehicle Rental Establishment
Means a premises where motor vehicles are kept for rent, or hire under
agreement for compensation and may also include an office used to
administer the rental of such motor vehicles and accessory facilities for the
cleaning or incidental maintenance of such vehicles.
Motor Vehicle Sales Establishment
Means a premises where new and/or used motor vehicles are kept for
display, lease or sale, and may include an associated motor vehicle service
centre.
Motor Vehicle Service Shop
Means a premises used to conduct repairs of motor vehicles of a mechanical
or structural nature and may include an associated towing service, and motor
vehicle rentals but does not include a motor vehicle body shop or impound
yard. May also include a premises used to conduct diagnostic services, minor
repairs, equipping of motor vehicles or in which the replacement of incidental
parts and services to motor vehicles are completed while the customer waits.
Motor Vehicle Service Station
Means a premises where gasoline or other motor fuels are kept for sale and
delivery directly into a motor vehicle but does not include a motor vehicle
repair facility or motor vehicle service shop.
Motor Vehicle Washing Establishment, Automated
Means a building or part thereof with a capacity to wash motor vehicles
using automated or production line methods.
Motor Vehicle Washing Establishment, Manual
Means a building or part thereof that provides self-serve facilities for the
manual or coin- operated washing of motor vehicles.
Museum
Means premises used for the exhibition, collection or preservation of objects of
cultural, historical or scientific interest, primarily for the recreation or cultural
education of the public.
Town of Newmarket Zoning By-law Consolidated August 2025 25
Nightclub
Means a building or structure or part thereof whose primary function is the
provision of theatrical performances, pre-recorded music, or live entertainment,
whether such pre- recorded or live performances are provided for listening or
dancing by the patrons, or any combination of the above functions and whose
secondary function is the sale and consumption of food and/or alcoholic
beverages on the premises, but shall not include a restaurant, or adult
entertainment parlour.
Non-Complying
Means a lot, building or structure which is permitted by this By-Law but which
does not meet the regulations of the Zone in which it is located as of the date
of passage of this By-Law.
Non-Conforming
Means an existing use or activity of any land, building or structure which is not
an identified permitted use for the Zone in which it is located as of the date of
passage of this By-Law.
Office
Means a building or part thereof, where administrative and clerical functions are
carried out in the management of a business, profession, organization or public
administration but shall not include any medical users.
Office, Accessory
Means an office that is located within the same building as the primary use
of the lot and which is directly related and incidental to the primary use of the
lot.
Office, Conversion
Means an office or sole medical practitioner as defined herein that shall only
be permitted in the superstructure existing as of the date of the passing of this
By-Law.
Outdoor Recreation Facility
Means a premises designated and equipped for the conduct of outdoor sports
and leisure time activities such as sports field.
Outdoor Storage, Accessory
Means the incidental storage of equipment, goods, or materials that are directly
related to the primary use of the lot, outside of any building or structure.
Town of Newmarket Zoning By-law Consolidated August 2025 26
Parcels of Tied Land
Means any parcel of land legally bound and tied to a common element
condominium. A parcel of tied land must front on either a public street or a
condominium common element roadway and shall, subject to the regulations of
this By-Law that relate strictly to parcels of tied land, be regarded as a type of
lot.
Park
Means an open space area, owned, operated or maintained in whole or in
part by a public authority as a recreational area for public use, including
passive and active forms of recreation, whether indoor or outdoor.
Park, Private
Means a Park for public or private use that is not owned by a public authority.
Parking Aisle
Means an internal roadway immediately adjacent to a parking or loading space
which provides vehicular access to and from the parking or loading space, and
is not a driveway.
Parking Area
Means an off-street, open, unobstructed area of land consisting of a minimum
of 2 but not more than 5 parking spaces which is accessed by a driveway
but shall not include any area where motor vehicles are stored or kept for
sale or repair.
Parking Garage
Means a building or part thereof, used for the storage or parking of motor
vehicles.
Parking Lot
Means an open area, other than a street, used for the temporary parking of 5
or more motor vehicles and available for public use whether for free or for
compensation or as an accommodation for clients, customers or residents, but
does not include the storing of impounded or damaged vehicles or a salvage
yard.
Parking Space
Means an area of land that is accessible by a driveway or aisle, having access
to a public street or lane that is reserved for the purpose of the temporary
parking or storage of one motor vehicle.
Town of Newmarket Zoning By-law Consolidated August 2025 27
Passenger Transportation Terminal
Means a premises where commercial motor vehicles, taxis or trains pick up and
discharge fare- paying passengers and may include accessory ticket offices,
luggage checking facilities, bicycle lock units and other similar uses.
Patio
Means a surfaced, open space of land at grade, adjacent to a residential or
commercial use, which is used as an accessory extension of the primary use
of the building or structure with which it is associated but shall not include
pathways or walkways.
Patio, Commercial Rooftop (By-law 2021-08)
Means any portion of a rooftop dedicated as a serving area that is an accessory
use to a restaurant or to a commercial use.
Personal Service Shop
Means a premises where professional or personal services are provided for gain
and where the sale of retail goods, wares, merchandise, articles or materials is
only accessory to the provision of such services.
Personal Wellness Establishment
Means any premises or part thereof where an alternative massage is
performed, offered or solicited in exchange for payment.
Place of Assembly
Means a premises in which facilities are provided for the gathering of people.
Place of Worship
Means a premises primarily used by one or more religious groups for the
practice of religious services.
Pool
Means any body of water which is:
1)
located outdoors on private property;
2)
wholly or partially contained by artificial means;
3)
capable of holding water in excess of 0.61 metres in depth at any point; and,
4)
an open exposed water surface of at least 1 m2 and includes a hot tub
or landscaped decorative pond meeting the above criteria, but for
purposes of this By- Law does not include any pool which is:
a)
a pond or reservoir to be utilized for farming purposes or as
part of a Golf Course;
b)
a pool owned by any public or governmental body, agency or authority;
c)
an existing natural body of water or stream; or
d)
a privately owned stormwater management facility.
Town of Newmarket Zoning By-law Consolidated August 2025 28
Porch (By-law 2011-25)
Means a platform with a foundation that is unenclosed, permanent and
projecting from the front or exterior wall of the building and which provides
access to the ground floor of the dwelling by way of stairs from the
established grade of the lot.
Premises
Means the area of a building and/or lot occupied or used by a business or
enterprise. In a multiple tenancy building occupied by more than one
business, each business shall be considered a separate premises.
Private Club
Means a non-profit, non-commercial organization which carries on cultural,
social, or recreational activities and includes the premises of a fraternal or
charitable organization.
Private Home Daycare
Means the use of a dwelling unit for temporary care of six or fewer children
in exchange for compensation for a continuous period not exceeding 24
hours.
Private Play Structure
Means apparatus, accessory to a residential use, which is designed and used
for play or recreation by children. Such play structures may be constructed in
combination with a deck or shed.
Public Authority
Means any department or agency of the Government of Canada, Province of
Ontario, Regional Municipality of York, Town of Newmarket or the local hydro
utility.
Public Storage Facility
Means a premises used for the temporary storage of household items and
seasonal, recreational or commercial vehicles, boats and trailers in storage areas
or lockers within enclosed buildings, which are generally accessible by means of
individual loading doors.
Queuing Lane
Means a portion of a parking area or a parking lot, other than a parking aisle
or a parking space which provides standing room for vehicles in a queue while
awaiting service from a drive-thru facility. For the purposes of this definition, a
queuing lane shall be measured by the length of a queuing space times the
number of spaces required.
Town of Newmarket Zoning By-law Consolidated August 2025 29
Queuing Space
Means an area occupied by a motor vehicle within a queuing lane while
awaiting service from a drive-thru facility.
Raw Material
Means any material that is directly derived from a primary (natural resource)
industry and is in an unprocessed state. Examples include but are not limited to
iron ore, logs, and aggregates. Sheet metal, wood boards, and precast cement
or concrete blocks are not considered as a raw material due to the processes
involved in their production.
Recreational Vehicle
Means:
1) a vehicle or trailer which may provide short term occupancy that is
intended and used exclusively for travel, recreation and vacationing,
designed to be towed or propelled by a motor vehicle or self-propelled,
and includes such vehicles commonly known as travel trailers, camper
trailers, truck campers, motor homes or other similar travel vehicles but
does not include a mobile home; and/or
2) boats, personal watercraft, all-terrain vehicles and other similar
vehicles used for recreational pursuits; and
3) a trailer designed to carry any of the items listed in Sections 1)
and 2) of this definition.
Refreshment Pavilion
Means a building, structure or facility designed, intended or used for the sale of
food or refreshments to the public however, no seating or accommodation for the
consumption of such food shall be provided within the building or structure.
Residential Hospice
Means the use of land, buildings or structures for the provision of short-term
palliative care at an inpatient facility attending to the physical, emotional and
spiritual needs of terminally ill patients, whether under public or private
ownership, approved under the provisions of "The Charitable Institutions Act",
but does not include a nursing home or group home.
Town of Newmarket Zoning By-law Consolidated August 2025 30
Residential Structure, Accessory (By-law 2012-74; By-law 2018-50)
Means accessory structures that are not used for human habitation, but the
use of which is naturally and normally incidental to, subordinate to, or exclusively
devoted to, the principal residential use or dwelling and located on the same lot
therewith. Residential accessory structures may include, but are not limited to: a
change house/cabana; private play structure; gazebo; dog house or dog run;
private greenhouse; shed; patio shelter; portable tent structures; standalone
antennae or satellite dishes; fuel tank with a capacity of less than 1500L; and,
standalone solar panels; but shall not include a detached garage or any
mechanical equipment as defined under air conditioner or privacy screens
erected on the ground.
Restaurant (By-law 2011-25)
Means a commercial establishment in which the principal business is the
preparation and serving of food and refreshments to the public for immediate
consumption within the establishment, on an abutting terrace or patio, or for
home delivery, catering or food pick- up/take-out services.
Retail Sales Outlet, Accessory
Means the accessory sale of products created, manufactured, processed or
assembled within the primary use of the lot.
Retail Store
Means a premises in which goods and merchandise are offered or kept for retail
sale or rental to the public. This definition shall not include any establishment
otherwise defined in this By-law.
Retail Warehouse Store
Means a premises where the principal use is the sale of goods and
merchandise in a warehouse format and may include accessory personal
service uses, minor maintenance and repair of automobiles. A warehouse
format means a configuration where the floor area devoted to the sale of goods
is integrated with the storage of such goods and is accessible to the public.
Retirement Residence
Means a building or part of a building licensed in accordance with applicable
provincial legislation that is designed and used to provide accommodation
primarily to retired persons or couples where each private bedroom or suite of
rooms comprising a living unit has a separate private bathroom and separate
entrance from a common hall but where common facilities for the preparation
and consumption of food are provided, and where common lounges, recreation
rooms and medical care facilities may also be provided.
Town of Newmarket Zoning By-law Consolidated August 2025 31
Rooming Unit
Means one or more rooms within a Dormitory used or designed for sleeping
accommodations and many contain either cooking or washroom facilities, but
not both.
Roof, Flat (By-law 2020-63)
Means a roof with a slope of less than 1.0 vertical units for every 4.0 horizontal
units, occupying an area greater than or equal to 50% of the total horizontal
roof area.
Roof, Pitched (By-law 2020-63)
Means a roof with a slope of greater than 1.0 vertical units for every 4.0
horizontal units, occupying an area greater than or equal to 50% of the total
horizontal roof area.
Salvage Yard
Means an area outside of an enclosed building where motor vehicles are
disassembled and dismantled, or where vehicles in an inoperable condition or
used motor vehicle parts are stored or re-sold but shall not include a motor
vehicle body shop.
School, Elementary
Means a Provincially approved institution for academic instruction for kindergarten to
grade eight including a publicly funded, private fee paying or a Montessori school.
School, Secondary
Means a Provincially approved institution for academic instruction for grade
nine to grade twelve including a publicly funded, private fee paying or a
Montessori school.
School, Post-Secondary
Means a premises used for educational purposes by a degree granting
college or university under applicable Province of Ontario legislation.
Service or Repair Shop
Means a premises for the servicing, repairing or renting, of articles, goods or
materials but shall not include any vehicle, recreational vehicle or boats.
Shipping Container
Means a container or structure designed for storage of goods and
materials while under transport by boat, truck or rail, notwithstanding that it
may not ever be used for such a purpose.
Town of Newmarket Zoning By-law Consolidated August 2025 32
Shopping Mall, Regional
Means a group of commercial establishments wholly enclosed within one
structure with a combined leasable floor area exceeding 37,000 m2.
Solar Panel
Means a structure used for the collection of solar energy for the purposes of
converting such energy for heating, lighting, water production or any other
domestic or commercial use that may be obtained from such sources.
Special Needs Facility
Means a residence licensed or funded under a federal or provincial statute for
the accommodation of more than 8 persons, exclusive of staff, living under
supervision in a single housekeeping unit and who, by reason of their
emotional, mental, or social or physical condition, require a group living
arrangement for their wellbeing. This shall also include a halfway house.
Sports Arena
Means a building or part thereof, in which the principal facilities provide for
recreational activities such as curling, skating, hockey, lacrosse, broomball or
other similar athletic activities, and which facilities may include dressing rooms,
concession booths for the provision of food and refreshments, bleachers,
equipment for making artificial ice and other such accessory facilities.
Storey (By-law 2020-63)
Means
For single detached dwellings, semi-detached dwellings, duplex dwellings,
triplex dwellings, and fourplex dwellings a level of a building located between
the surface of a floor and the ceiling or roof immediately above it, and includes a
mezzanine but does not include a basement or cellar. Any portion of a building
partly below grade shall be deemed a storey where its ceiling is more than 1.2m
above established grade.
For all other structures, a level of a building located between the surface of a
floor and the ceiling or roof immediately above it, and includes a mezzanine but
does not include a basement or cellar. Any portion of a building partly below
grade shall be deemed a storey where its ceiling is more than 1.8m above
established grade. Any portion of a storey exceeding 3.6 metres in height shall
be deemed to be an additional storey.
Street Line
Means the boundary between a public or private street and a lot.
Town of Newmarket Zoning By-law Consolidated August 2025 33
Street, Private
Means a private right-of-way or lane that is used by motor vehicles but
is not owned or maintained by the Town of Newmarket, Region of York or
Province of Ontario.
Street, Public
Means a public thoroughfare available for use by vehicular and pedestrian traffic
which is assumed or dedicated by/under the jurisdiction of the Town of
Newmarket, Region of York or Province of Ontario, but does not include an
unopened road allowance.
Structure
Means anything that is erected, built or constructed of parts joined together or
any such erection fixed to or supported by the soil and/or any other structure
but excludes in-ground swimming pools.
Structure, Attached
Any structure that is attached to another structure by a common wall or by a
common roof structure.
Studio
Means a premises used or dedicated to the pursuit or education of the arts or in
which media broadcasts are produced.
Subdivision
Means a plan of subdivision, draft approved or registered in accordance with
Section 51 of the Planning Act, R.S.O., 1990, Chapter 13, similar legislation,
where the public highways and lanes within the plan have not been assumed by
the authority having jurisdiction.
Transportation Depot
Means a premises where vehicles used to transport goods, wares, or
passengers are stored internally or externally.
Utility Trailer
Means a vehicle so constructed that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled by the motor vehicle and is
capable of being used for the transport of goods, materials, equipment or
livestock notwithstanding that such vehicle is jacked up or that its running gear
is removed
Town of Newmarket Zoning By-law Consolidated August 2025 34
Use
Means the purpose for which any land, building or structure is arranged,
designed, intended, operated, occupied or maintained.
Use, Accessory
Means a use customarily incidental or subordinate to and exclusively devoted to the
principal use and which operates together with the principal use on the same lot.
Use, Commercial
Means the use of land, buildings or structures for the purpose of buying
and selling commodities and supplying of services, as distinguished from
such uses as manufacturing or assembling of goods, warehousing,
transport terminals, construction and other similar uses.
Use, Industrial
Means the use of land, buildings or structures for the purpose of
manufacturing or assembling of goods, warehousing, transportation terminals,
construction and other similar uses.
Use, Institutional
Means a building or part thereof used for non-commercial, non-profit
purposes by a public authority, religious group or community organization.
Use, Public
Means the use of any land, building or structure by a public authority.
Use, Residential
Means the use of land, buildings or structures for human habitation.
Veterinary Clinic
Means a premises where animals are given medical or surgical treatment or
accessory grooming, within which shelter facilities may be provided for short-
term overnight medical treatment but shall not include any facilities for the
cremation or disposal of dead animals.
Veterinary Hospital
Means a premises where animals are given medical or surgical treatment,
within which there may be shelter facilities provided for overnight or long-term
medical treatment and may include a domestic animal care facility.
Town of Newmarket Zoning By-law Consolidated August 2025 35
Walkway, Residential (By-law 2012-74)
A hard surface path leading from the front or exterior wall of a dwelling unit to
a curb or sidewalk, no wider than 1.2 metres and, if adjacent to a driveway
shall be of a different material from the driveway. A walkway may not be
used for vehicular parking.
Warehouse
Means a premises where goods and materials are stored internally but shall
not include any retail sales component. Vehicles used to transport such
wares may be stored internally or externally, kept for hire, loaded or
unloaded.
Wholesale Operations
Means a premises used to sell merchandise to retailers, industrial, commercial,
institutional or professional business users, or to other wholesalers, or acting as
agents of brokers and buying merchandise from, or selling merchandise to such
individuals or companies but does not include a retail warehouse store.
Wind Energy System
Means a renewable electrical generation facility that produces power from wind
primarily to provide all, or a portion of, the electrical power needs for a user or to
feed into the transmission or local distribution lines.
Wind Energy System, Large Scale
Means wind energy facilities which have a nameplate capacity exceeding 500
kilowatts (kW) and are intend to generate electricity for commercial purposes.
Wind Energy System, Small Scale
Means wind energy facilities which are intended to generate electricity not
exceeding on-site capacity and are not intended or used to produce power for
resale.
Wind Turbine
Means a machine for producing power in which a wheel or rotor is made to
revolve by a flow of air. A wind turbine is considered to be the part of a wind
energy system encompassing the rotor (including turbine blades), generator,
tail and supporting structure. Supporting structure may include a guyed or free
standing structure that supports the turbine or may be an existing building or
structure on which the turbine is located.
Town of Newmarket Zoning By-law Consolidated August 2025 36
Yard
Means an open, uncovered space on a lot appurtenant to a building and
unoccupied by buildings or structures except as may be expressly permitted
by this By-Law but does not include a court yard. In determining yard
measurements the minimum horizontal distance from the respective lot
line(s) shall be used.
Yard, Exterior Side
Means the yard of a corner lot extending from the front yard to the rear
yard between the exterior side lot line and the nearest main wall of the
principal building or structure on the lot. (see Illustration 7)
Yard, Front
Means a yard extending across the full width of a lot between the front
lot line and the nearest wall of the principal building or structure on the
lot. (see Illustration 7)
Yard, Interior Side
Means a yard other than an exterior side yard, extending from the front yard
to the rear yard between the interior side lot line and the nearest wall of the
principal building or structure on the lot. (see Illustration 7)
Yard, Rear
Means a yard extending across the full width of a lot between the rear lot line
and the nearest wall of the principal building or structure on the lot. (see
Illustration 7)
Zone
Means a designated area of land use shown on Schedule A to this By-Law.
Town of Newmarket Zoning By-law Consolidated August 2025 37
Section 4: General Provisions
4.1
Uses Permitted in All Zones
The uses identified in this subsection are permitted in all zones.
4.1.1
Accessory Uses
Unless otherwise specified, accessory uses, as defined as Uses,
Accessory are permitted in all zones. Where another section of
the By-Law specifically restricts or does not permit an identified
accessory use, that section shall supersede this section.
4.1.2
Accessory Buildings and Structures
Accessory buildings, structures and uses are permitted in all
zones subject to the following provisions:
i)
The principle use, building or structure must already be
established on the same lot.
ii)
No detached accessory building or structure may be used
for human habitation or an occupation for gain, unless
specifically permitted by this By-Law.
iii)
Unless otherwise specified, accessory buildings,
structures and detached garages shall comply with the
following requirements.
iv)
Accessory buildings and structures are not permitted
additional encroachment under Section 4.2 for structure or
ornamental features.
Town of Newmarket Zoning By-law Consolidated August 2025 38
Permitted Feature
or Structure
Measure
Requirement
Detached garage in
a residential zone
Location
Comply with all applicable yard
requirements of the zone in which they
are located
Height
Lesser of 4.6m or the height of the main
building on the lot
Residential
accessory
structures (RAS)
Location
and height
In accordance with Section 4.2
Accessory buildings
or structures
Total lot
coverage
Residential zones:
Lesser of 15% of the total lot area or 75%
of the ground floor area of the main
building on the lot
All other zones: 15% of the lot area
Height
Residential, UC, and C zones:
Lesser of 4.6m or the height of the
main building on the lot
All other zones:
The maximum permitted height of the
zone in which the accessory structure
is located
Corner lot
location
Commercial or Employment Zone
abutting any Residential Zone:
Distance equal to the minimum
required front yard of the abutting
residential zone
v)
Notwithstanding Section 4.1.2 (iii) above, accessory
structures in a residential zone shall be setback from the lot
line in accordance with the requirements of Section 4.2 of
this By-Law.
vi)
The total lot coverage of all Accessory Buildings and
Structures on a lot shall be as follows:
Town of Newmarket Zoning By-law Consolidated August 2025 39
Zone
Maximum Total Lot Coverage for
Accessory Structures
Residential Zones
the lesser of 15% of the total lot area or
75% of the ground floor
All Other Zones
15% of the lot area
vii)
The maximum height of an accessory building or
structure shall be as follows:
Zone
Maximum Height of Accessory Structures
Residential, Downtown,
Urban Centre and
Commercial Zones
the lesser of 4.6 metres or the
height of the main building on the lot
All Other Zones
the maximum permitted height of the
zone in which the accessory structure is
located
viii)
Notwithstanding any other provision of this By-Law, the
setback for accessory buildings or structures on a
corner lot shall be as follows:
Zones
Applicable Yards
Minimum Required
Setback
Residential Zones
Rear Yard or
Exterior Side
Yard
4.5 metres from
flanking street line
Commercial or Employment Zone
Abutting any Residential Zone
Exterior Side Yard Distance equal to the
depth of the
minimum required
front yard of the
abutting Residential
Zone
iii)
When an accessory building is made up in whole or in part
of shipping container(s), the accessory building shall be
clad with exterior design materials similar to those used for
the main building located on the lot.
Town of Newmarket Zoning By-law Consolidated August 2025 40
4.1.3
Public uses
The provisions of this By-Law shall not apply to prevent the use of
any land, building or structure by any public authority provided
that:
i)
Such use, building or structure complies with the parking
and loading requirements of this By-Law.
ii)
No outdoor storage is permitted unless such outdoor storage
is specifically permitted in the zone in which the use is
located.
iii)
Such use, building or structure is buffered from an
adjacent residential use in accordance with the
requirements of Section 4.14.3 of this By- Law.
iv)
Such use, building or structure within the FP Zone shall
not conflict with those uses that are prohibited under Section
7.1.1.
4.1.4
Services and Utilities Installations
Nothing in this By-Law shall prevent the installation and use of a
water main, sanitary sewer main, storm sewer main, stormwater
management facility, gas main, pipeline, overhead or underground
hydro, communications/telecommunications or other utility
infrastructure.
4.1.5
Satellite Dishes
Satellite dishes with a maximum width of 1.0 metre each are
permitted in any zone provided they are mounted on an exterior
wall, roof or chimney of a building of the lot on which it is located.
Antennae with a maximum height of 1.5 metres greater than the
permitted maximum height for the building to which they are affixed
are permitted in any zone provided they are mounted on an
exterior wall, roof or chimney of a building of the lot on which it is
located.
In a Residential Zone, not more than 2 cumulative satellite dishes
and antennae shall be permitted per dwelling unit on the lot.
Town of Newmarket Zoning By-law Consolidated August 2025 41
4.1.6
Temporary Construction Uses
A construction trailer, or other building or structure incidental to
construction is permitted in all zones on the lot where construction
is taking place provided that a building permit has been issued and
remains in effect.
4.1.7
Temporary Sales Structures
A temporary sales structure shall be permitted in any zone
provided that:
i)
the temporary sales structure is located in accordance with
the zone provisions for the zone in which it is located; and,
ii)
an agreement is entered into with the Town of Newmarket.
4.1.8
Model Homes
Model homes shall only be permitted on lands that have received
Draft Plan of Subdivision or Site Plan Approval for residential
purposes provided that:
i)
not more than the lesser of 10 dwellings or 10% of the total
number of residential units contained in the approved Draft
Plan or Site Plan are constructed as model homes;
ii)
the model home is built within a lot defined by the draft
approved Plan of Subdivision or Site Plan;
iii)
the model home complies with all other requirements of this
Zoning By- Law; and,
iv)
a Model Home Agreement is entered into with the Town of
Newmarket.
Town of Newmarket Zoning By-law Consolidated August 2025 42
4.2
Encroachments into Required Yards
The following accessory, structural and ornamental structures to
a principal building are permitted to encroach into any required
yard in accordance with the following provisions:
Permitted Structure or
Feature
Applicable
Required
Yard(s)
Required Setback or Permitted
Encroachment
Structural And Ornamental Features:
Bay windows
Front, rear and
exterior
side
yards
May encroach 1 metre into
the required yard for a
maximum width of 3 metres
Balconies/Landings/Steps/
Fire Escapes
Front, rear
and exterior
side yards
only in
Residential
Zones, all
yards in all
other zones
May encroach 1.8 metres into
the required yard.
But in no instance shall
balconies, landings, steps
and/or fire escapes be
located closer than 1.2
metres from the property
line. (By-law 2012-74)
Decks, Uncovered
(0.6 metres or less in
height above finished
grade)
Rear Yard
The setback shall not apply
where a side lot line extends
from a common wall dividing
attached dwelling units.
No closer than 1.2 metres
from the rear lot line.
Decks, Uncovered
(greater than 0.6 metres to
3.0 metres in height above
finished grade)
Rear Yard
The setback shall not apply
where a side lot line extends
from a common wall dividing
attached dwelling units.
May encroach 3.6m into the
required rear yard.
However, in no
circumstances shall the deck
encroach closer than
2.4 metres from the rear
lot line.
Town of Newmarket Zoning By-law Consolidated August 2025 43
Permitted Structure or
Feature
Applicable
Required Yard(s)
Required Setback or
Permitted Encroachment
Driveway (By-law 2020-63)
Permitted in any
yard of a
residential zone
Subject to:
i) Limits of Section 6.2
ii) Limits of Section 5.5
Patios, Uncovered
Downtown,
Urban Centre
and Commercial
Zones: front
and exterior
side yards.
All other Zones:
rear and
exterior side
yards.
No required setback.
No closer than 0.6 metres
from the lot line.
Porches, Porticoes
Open, Uncovered or
Covered with a platform no
higher than the first storey
of the building above
established grade.
Front, and
exterior
side yards
By-law 2011-25
May encroach 2.4
metres into the required
yard including eaves,
cornices and steps but
no closer than 1.5
metres to the lot line.
Sills, cornices, parapets,
pilasters, or other similar
ornamental structures
Any Yard
May encroach 0.6
metres into the
required yard
Eaves, eaves troughs,
gutters, or similar features
Any Yard
May encroach into a
required yard a
maximum
of 0.7 metres, and may be
no closer to a lot line than
0.3 metres.
Chimneys
Any Yard
May encroach 0.6
metres into the
required yard.
Drop awnings, clothes poles,
flag poles, ornamental light
poles, basketball nets,
retaining walls, fences or
other similar accessory
structures
Permitted in any
yard
No required setback
Town of Newmarket Zoning By-law Consolidated August 2025 44
Permitted Structure or
Feature
Applicable
Required Yard(s)
Required Setback or
Permitted Encroachment
Accessibility Ramps or
Wheelchair Lifts (*2) (By-
law 2018-50)
Permitted in any
yard
No required setback
Antennae or satellite dishes
(Wall mounted in
accordance with Section
4.1.5 of this By- law) (By-law
2018-50)
Permitted in any
yard.
Not closer than 0.2m
from any lot line.
Barbeque, chimney,
fireplace, fire pit, or similar
structure (By-law 2018-50)
Permitted in any
yard of a
residential zone
No closer than 4 metres
from the edge of the
area capable of holding
a flame to any lot line,
building, structure,
deck, hedge, tree,
fence, right-of-way, or
overhead wire, subject
to the Town's By-law to
Regulate Outdoor
Burning 2009-64 or its
successor by- law, as
applicable.
Town of Newmarket Zoning By-law Consolidated August 2025 45
Permitted Structure or Feature
Applicable
Required
Yard(s)
Required Setback or
Permitted
Encroachment
Accessory Structures:
Residential Accessory
Structures up to 2.8 metres in
height(*1) (By-law 2018-50)
Rear or Side
Yard
No closer than 1.0
metre from rear or
side lot line
Residential Accessory
Structures greater than 2.8 up to
4.6 metres in height (*1)
Rear or Side
Yard
No closer than 2.4
metres from rear or
side lot line
Gate House within an
Employment Zone
Front or Side
Yard
No required setback
(*1) As defined under Section 3 Height, Accessory Residential
Structure
(*2) An Accessibility Ramp shall have a maximum gradient of 1 to 12. A
Wheelchair Lift is permitted to elevate no higher than the first storey of
the building, and have a maximum area no greater than 3.0 square
metres. (By-law 2018-50)
The setback requirements of this table apply only to the accessory
buildings and structures specifically noted.
Where an encroachment is permitted, it is subject to the following
conditions:
i)
Decks or patios that are permitted to encroach may have a deck,
balcony, gazebo, pergola, or awning above them provided that:
a. Any deck is constructed of a floor with slats and spaces
between them and not a solid floor
b. Any awning is retractable, is not a permanently extended
fixture, and does not extend farther from the structure than the
deck or patio
c. Any pergola or gazebo complies with the requirements of a
Residential Accessory Structure concerning required setbacks
and maximum height from grade, regardless of whether they
are attached to the deck or main structure or they are detached
from same.
ii)
Where the existing side-yard setback of the principal structure is
less than the required side-yard setback for a deck, a deck that is
attached to the main structure may be located as close to the side
lot line as the principal structure. (By-law 2018-50).
Town of Newmarket Zoning By-law Consolidated August 2025 46
4.3
Accessory Outdoor Mechanical Equipment for
Residential Uses
Notwithstanding any other provision of this By-Law, outdoor
mechanical equipment shall be permitted in all zones that permit a
residential use as follows:
i)
Central air conditioning units, heat pumps, generators,
and/or swimming pool equipment shall be permitted in all
yards subject to the following:
Type of Dwelling
Yard
Permitted Location
Single detached,
semi- detached,
and link dwellings
Front or
Exterior
Side Yard
Maximum encroachment of 1.5
metres into required yard but no
closer than 3.0 metres to the street
line and is screened from the
street by fencing, landscaping,
or an enclosure
Interior
Side or
Rear Yard
Setback a minimum 0.6 metres
from lot line
Townhouses or
other multiple
dwellings,
excluding
apartment
buildings
Front Yard Maximum encroachment of 1.5
metres into required yard but no
closer than 3.0 metres to the street
line and is screened from the
street by fencing, landscaping, or
an enclosure
Interior
Side Yard
Setback a minimum 0.3 metres
from lot line
Exterior
Side or
Rear Yard
Setback a minimum 1.8 metres
from lot line
Town of Newmarket Zoning By-law Consolidated August 2025 47
ii)
Notwithstanding the provisions of Section 4.3 (i) above, a
minimum lateral separation of 4.6 metres to a window and/or
door of a habitable room of a dwelling on an adjoining lot
shall be provided;
iii)
Window or through-wall air conditioner units shall be
permitted to encroach a maximum of 0.5 metres into all
required yards subject to a minimum setback of 0.6 metres
from all lot lines;
iv)
Notwithstanding the provisions of Section 4.3 (i) above,
central air conditioners and/or heat pump units for
apartment buildings shall be roof-top mounted.
4.4
Requirements for Swimming Pools for Residential
Uses
Notwithstanding any other provisions of this By-Law, an unenclosed
swimming pool may be permitted as an accessory use to a
residential use in accordance with the following provisions:
i)
Such accessory swimming pool shall only be located in a rear
yard;
ii)
Any swimming pool or hot tub shall be setback a minimum
1.2 metres from the side or rear lot line. By-law 2011-25;
iii)
Any patio, deck, residential structure, accessory, or other
structure associated with a pool shall be constructed in
accordance with the provisions contained in this Zoning By-
law including Section 4.2.
iv)
Any recreational equipment, including slides, associated with
the swimming pool shall not exceed a maximum height of
2.4 metres;
v)
Any mechanical equipment required for water circulation,
heating or water treatment shall be located in accordance
with the requirements of Sections 4.3 (i) and (ii) of this
Zoning By-Law; and
vi)
Swimming pools shall be enclosed by a fence in
accordance with the Town of Newmarket Swimming Pool
Enclosure By-Law.
vii)
In the Floodplain and Other Natural Hazards (FP-NH) zone
as delineated by the Lake Simcoe Region Conservation
Authority, swimming pools are permitted subject to the
requirements of the LSRCA.
Town of Newmarket Zoning By-law Consolidated August 2025 48
4.5
Accessory Dwelling units
Where an accessory dwelling unit is permitted, the following
provisions shall apply:
i)
Only one accessory dwelling unit shall be permitted per
lot and shall be located within the main dwelling unit;
ii)
An accessory dwelling unit shall only be permitted in a
single detached, link or semi-detached dwelling;
iii)
The primary dwelling unit must be serviced by full
municipal water and sewer services;
iv)
No new accessory dwelling unit shall be permitted within
the Environmental Protection Open Space (OS-EP) Zone or
within the Floodplain and Other Natural Hazards (FP-NH)
Zone as delineated by the Lake Simcoe Region
Conservation Authority; and
v)
The external appearance of the front façade of a building or
any other façade of a building facing a street on which the lot
has frontage shall not be altered.
vi)
Parking shall be provided in accordance with Section 5.3.1.
(By-law 2012-74)
4.6
Home Occupations
Where a home occupation is permitted the following provisions
shall apply:
i)
In addition to the resident(s) of the dwelling unit operating
the home occupation, not more than two non-resident
employees may be engaged in the business and working in
the dwelling;
ii)
Notwithstanding Section 4.6 (i) above, the following shall
apply:
a)
the office of a licensed medical practitioner
as a home occupation shall be limited to only
one practitioner; and,
b)
operation of a hairdresser or barber shop
shall be limited to one hairdresser or barber
at any one time;
iii)
The use is entirely restricted to the dwelling unit and is not
conducted in whole or in part in any accessory building,
yard or detached garage;
Town of Newmarket Zoning By-law Consolidated August 2025 49
iv)
No more than 35%, up to a maximum of 42 m2, of the gross
floor area of the dwelling unit is used for the purpose of the
home occupation;
v)
There is no outdoor storage or display of material or
equipment, nor any facilities associated with the home
occupation in any outdoor amenity area or yard;
vi)
Only the accessory sale of retail goods shall be permitted from the
premises; (By-law 2012-74)
vii)
There is no external advertising other than a sign erected in
accordance with the Town of Newmarket Sign By-Law;
viii)
Off-street parking spaces shall be provided in
accordance with the requirements of Section 5.3.1 of
this By-Law;
ix)
The use is clearly secondary to the residential use and
does not change the residential character of the dwelling or
lot; and
x)
Notwithstanding the above provisions, a medical clinic,
day nursery, nursing home, tea room, veterinary clinic,
veterinary hospital, automotive uses, or personal
wellness establishment shall not be permitted as a home
occupation. By-law 2012-74, 2021-49
4.7
Exceptions to Height Requirements
The height requirements of this By-Law shall not apply to
spires, belfries, minarets, monuments, flag poles, chimneys,
clock towers, water towers, or elevator enclosures. The height
requirements of this By-Law shall also not apply to mechanical
penthouses occupying less than 10% of the aggregate area of
the roof of the building on which they are located.
4.8
Legal Non-Conforming Uses
This By-Law shall not prevent the use of any land, building or
structure for any purpose prohibited by this By-Law if such land,
building or structure was lawfully used for such purpose on the
day of passing of this By-Law, and provided that such land,
building or structure continues to be used for that purpose.
Town of Newmarket Zoning By-law Consolidated August 2025 50
4.8.1
Restoration to a Safe Condition
Nothing in the By-Law shall prevent the strengthening to a safe
condition or the reconstruction of any building or structure or part
of any such building or structure that is used for a legally non-
conforming use as provided for in Section 4.8, provided such
alteration or repair does not increase the height, size or volume or
change the use of such building or structure.
4.9
Legal Non-Complying Buildings or Structures
4.9.1
Existing Buildings or Structures
A non-complying building or structure which existed legally prior to
the passing of this By-Law may be enlarged, repaired, renovated or
reconstructed provided that the enlargement, repair, renovation or
reconstruction:
i)
does not further encroach into a required yard;
ii)
does not further increase the extent of a non-compliance with
a maximum yard setback requirement; and,
iii)
complies with all other applicable provisions of this By-Law.
4.9.2
Exception (By-law 2020-63)
Notwithstanding Section 4.9.1 (iii), a building or structure having a
non-complying maximum finished first floor height may be enlarged,
repaired or renovated, but the reconstruction of such building or
structure shall comply with the maximum finished first floor height in
accordance with Section 6.2.2.
4.9.3
Valid Building Permit in Effect
This By-Law shall not prevent the erection of a building or
structure for which a building permit has been issued in
accordance with the Building Code Act, prior to the day of the
passing of this By-Law, so long as the building or structure when
erected is used and continues to be used for the purpose for which
it was erected and provided that the building permit remains valid.
Town of Newmarket Zoning By-law Consolidated August 2025 51
4.10
Legal Non-Complying Lots
A lot which existed legally prior to the effective date of this By-Law,
that does not meet the lot area and/or lot frontage requirements of
the applicable Zone, shall be deemed to conform to this By-Law.
Such lots may be used and buildings may be erected, enlarged,
repaired or renovated on the lot provided that the use and the
buildings or structures comply with all other provisions of this By-
Law.
4.11
Public Land Acquisition
Notwithstanding any other provision of this By-Law, where, as a
result of acquisition of land by a public authority, such acquisition
results in a contravention of this By-law relating to the minimum lot
frontage, minimum lot depth, minimum lot area, minimum floor
space index, maximum lot coverage, reduced building setbacks,
minimum required number of parking spaces, minimum size of
parking spaces, minimum width of landscape buffers, minimum
width of a driveway, location of parking spaces and/or driveways or
minimum required setbacks and/or yards for driveways and/or
parking spaces, then the lands so affected are deemed to comply
with this By-law to the extent it complied with this By-law on the day
before the acquisition was finalized. A building or structure may be
erected, altered or repaired with the lot coverage and floor space
index as would have been allowed for the lot as it existed prior to
such public acquisitions or conveyance. (By-law 2014-13)
4.12
Frontage on a Public Street
No person shall erect any building or structure in any zone
unless:
i)
The lot upon which such building or structure is to be
erected has frontage on a public street. This provision shall
not restrict the erection of any building on a lot in a
registered plan of subdivision where a subdivision
agreement has been entered into but the streets will not be
assumed until the end of the maintenance period; or
ii)
The lot upon which the building or structure is to be erected
is a Parcel of Tied Land (POTL) where a POTL may front on
either a public street or a condominium common element
street; or
Town of Newmarket Zoning By-law Consolidated August 2025 52
iii)
Notwithstanding any other provisions in this By-Law, where a
building has been erected prior to the date of the passage of
this By-Law on a lot which fronts on a private street, such
building may be enlarged, reconstructed, repaired or
renovated provided all other applicable provisions of this By-
Law are satisfied.
4.13
Deleted by By-law 2020-63.
4.14
Landscape Buffers
Where required, landscape buffers shall be provided in
accordance with the following requirements:
4.14.1
Landscape Buffers for Parking Lots
A landscaped buffer area shall be required for parking lots
designed to accommodate 5 or more parking spaces, within any
Downtown, Urban Centre, Employment, Commercial, Institutional,
Open Space or Residential Four (R4) or Residential Five (R5) Zone
and shall conform to the following requirements:
i)
Such buffer area shall be at least 3 metres wide and located
around the periphery of the parking lot within the lot on which
the parking area is located.
ii)
Such buffer area shall not be used for any other purpose
other than vegetative landscaping but shall not prevent the
provision of entrances and exits across the buffer area.
iii)
Any required planting in a buffer strip shall have a minimum
height of 1.5 metres for coniferous vegetation, a minimum
diameter measured at a height of 1.4m from grade of 60mm
for deciduous vegetation, and a minimum height or spread
of 450mm for shrubs, but shall not be permitted to exceed a
height of 1.0 metres within a daylighting triangle. (By-law
2012-74; 2018-50)
iv)
Where a buffer area is required between a parking lot in a
Downtown, Urban Centre or Commercial Zone; and, a
Residential or Open Space Zone, the buffer area shall be a
minimum of 3 metres wide and shall be located in the
Downtown, Urban Centre or Commercial Zone. The buffer
area shall be used for no other purpose than landscaping or
entrances and exits and shall be bordered by an opaque
fence 1.8 metres in height.
Town of Newmarket Zoning By-law Consolidated August 2025 53
v)
Notwithstanding subsection i) above, where a buffer area is
required between a parking lot in an Employment Zone and
a Residential or Open Space Zone, the buffer area shall be
a minimum of 6 metres wide and shall be located in the
Employment Zone. The buffer area shall be used for no
other purpose than landscaping or entrances and exits and
shall be bordered by an opaque fence 1.8 metres in height.
4.14.2
Landscape Buffers in Employment Zones
In addition to the requirements of Section 4.14.1, in all Employment
Zones, landscape buffers shall be provided adjacent to street lines
except for land used to accommodate vehicular access to and
permitted parking on the lot. Such buffers shall be established as
follows:
Location of Landscape Buffer Minimum Width of Landscape
Buffer
Front Yard
12.0 metres
Exterior Side and
Rear Yard
3.0 metres
4.14.3
Landscape Buffers Adjacent to Residential Areas
Notwithstanding any other provision of this By-Law, where the rear
lot line or interior side lot line of a commercial, industrial, or
institutional use abuts a residential use, a landscaped buffer
shall be required in accordance with the following provisions:
i)
the Landscape Buffer shall be located on the lot containing
the commercial, industrial, or institutional use, immediately
adjacent to the lot line that borders such lot with the
residential use.
ii)
the minimum required width of a landscaped buffer shall be 6
metres for an industrial use and 3 metres for an institutional
or commercial use.
iii)
where a landscaped buffer is required, such landscape
material within the buffer shall be not less than 1.5 metres
high. Notwithstanding this requirement, landscape material
shall not exceed a height of 1.0 metre within the minimum
front or exterior side yard. (By-law 2011-25)
Town of Newmarket Zoning By-law Consolidated August 2025 54
iv)
where the rear lot line or interior side lot line of a
Residential Four (R4) Zone or Residential Five (R5) Zone
abut a lower density Residential Zone the minimum required
width of a landscaped buffer shall be 3 metres. By-law 2011-
25)
4.15
Daylighting Triangle
Daylighting triangles shall be required on corner lots in all zones
as follows:
4.15.1
Establishing the Daylighting Triangle
The area within the daylighting triangle shall be determined by
measuring from the point of intersection of two street lines or the
extension of such lines on a corner lot, the distance required by
this By-Law, Town of Newmarket Engineering Design Standards
and Region of York requirements, whichever is greater, along each
such street line and joining such points with a straight line.
Daylighting triangles shall be established as follows:
Location
Minimum Distance Measured
Along Each Street Line From
Point of Intersection at Corner
All Zones
5 metres
Motor Vehicle Service Station,
Motor Vehicle Service Shop
15 metres
(By-law 2011-25)
4.15.2
Maximum Height in Daylighting Triangle
Notwithstanding any other provision of this By-Law, any fence,
sign, structure or vegetation within a daylighting triangle shall
not exceed a height of 1.0 metre measured from the grade of the
streets that abut the lot.
Town of Newmarket Zoning By-law Consolidated August 2025 55
4.16
Provincial Highway Setbacks
Notwithstanding the provisions regulating siting or yard
requirements in this By- Law, unless they are greater:
i)
No part of any new building above or below ground shall
be constructed within 13.7 metres from the property line of
a Provincial Highway.
ii)
No required parking area above or below ground shall be
constructed within 13.7 metres from the property line of a
Provincial Highway.
4.17
Planned Width of Street Allowance
Notwithstanding any other provision of this By-Law, where a lot
abuts a street which is designated on Schedule B to this By-Law
has a planned width of street allowance which is greater than the
present width, that portion of the lot lying between the limit of the
planned width of street allowance and the present street allowance
shall not form part of the lot for applying the provisions and
required standards of this By-Law.
4.18
Through Lot
Where a lot which is not a corner lot, has frontage on more than
one street, the setback and yard requirements of this By-Law shall
apply to all street frontages in accordance with the zone or zones
in which the lot is located.
4.19
Specific Use Provisions
Notwithstanding any other provision of this By-Law, the following
specific use provisions shall apply:
4.19.1
Location of Gasoline and Propane Pumps and Canopies
Where permitted, the following standards shall apply to the location
of gasoline and propane pumps and canopies:
i)
the minimum distance of pumps and canopies from the
planned street line of the street upon which the lot fronts
shall be 4.5 metres; and
ii)
the minimum distance of pumps and canopies from the
nearest part of a daylighting triangle shall be 3 metres.
Town of Newmarket Zoning By-law Consolidated August 2025 56
4.19.2
Outdoor Display and Sales Area
Where the outdoor display and sale of goods and materials is
permitted as an accessory use, the following provisions apply:
i)
the area used for outdoor display and sales is located on the
same lot as the principal use and does not occupy more
than 35% of the total lot area;
ii)
the area used for outdoor display and sales is in addition to
and separated from, the area required to satisfy the
minimum required parking standards for the principal use;
and,
iii)
the area used for outdoor display and sales shall not be
located in any minimum required yard for the zone in which
it is located.
4.19.3
Human Habitation Not Within Main Buildings
No truck, bus, coach, street car body, railway car, mobile home,
trailer or other vehicle shall be used for human habitation whether
or not the same is mounted on wheels or other forms of mounting
or foundations. (By-law 2018-50)
4.19.4
Accessory Outdoor Storage
Where permitted, Accessory Outdoor Storage shall:
i)
not exceed 30% of the lot area;
ii)
not be visible from a street;
iii)
be screened by an opaque fence;
iv)
only be located in a side and/or rear yard;
v)
be located no nearer to a lot line than 1.5 metres or to a
street line than 4.5 metres;
vi)
not be located in any landscaped area or required parking
area; and
vii)
not exceed 4.5m in height. (By-law 2018-50)
4.19.5
Micro-Industrial Uses
Where a Micro-Industrial use is permitted, the following
requirements shall apply:
i)
A Micro-Industrial use is only permitted when accompanied
by a retail and/or restaurant use retailing products produced
on-site.
Town of Newmarket Zoning By-law Consolidated August 2025 57
ii)
All production, retailing, and distribution associated with a
Micro-Industrial use must take place within a building and
no outdoor storage is permitted. Outdoor areas for
consumption are permitted subject to all requirements of this
by-law.
iii)
Where permitted in an EG zone, retail associated with a
Micro-Industrial use shall not exceed 40% of the GFA of the
premises in which it is located. Where permitted in an EH
zone, retail associated with a Micro-Industrial use shall not
exceed 20% of the GFA of the premises in which it is
located. (By-law 2018-50)
4.19.6
Food Vehicles
i)
Notwithstanding Section 4.1.1, a Food Vehicle as an
accessory use is not permitted in a Residential zone, save
and except the R5 zone.
ii)
Notwithstanding Section 5, no parking is required for a Food
Vehicle. (By-law 2018-50)
4.19.7
Single Detached Dwellings
i)
For greater clarity, unless otherwise specified in this by-law,
where a dwelling, detached is permitted as a use only one
dwelling, detached is permitted on the lot. (By-law 2018-50)
4.19.8
Fuel Tanks
i)
Where fuel tanks are permitted, the following standards shall
apply to their location:
a. In a residential zone, be located in accordance with the
provisions of Residential Structure, Accessory.
b. In any other zone, be located in accordance with an
approved site plan.
c.
In any zone, be located in accordance with the
requirements of the Technical Standards and Safety
Authority and the Fire Code, as applicable.
Town of Newmarket Zoning By-law Consolidated August 2025 58
4.19.9
Commercial Rooftop Patios (By-law 2021-08)
i)
Restaurants, banquet halls, and other commercial uses shall
be permitted to include a commercial rooftop patio as an
accessory use, provided that the commercial rooftop patio
complies with the following:
a. A commercial rooftop patio is prohibited in association
with an adult entertainment parlour;
b. The design shall be established in accordance with an
approved site plan addressing matters such as lighting,
landscaping, noise, etc.;
c.
A commercial rooftop patio must comply with any
applicable requirements of municipal by-laws, including
the Town's licensing and noise by-laws, and must
comply with all applicable requirements of the Ontario
Building Code and Fire Code.
4.20
Use for Hazardous Purposes
Notwithstanding any other provision of this By-Law, no land,
building or structure may be used for any purpose, which from its
nature or from the materials used, is determined to be a health
hazard in accordance with the Health Protection and Promotions
Act or its successor thereto, without the consent of the local medical
health officer as provided for in the Act.
4.21
Uses Restricted
Notwithstanding any other provisions contained in this By-Law, the
following uses are prohibited within 610 metres of any Downtown,
Residential or Urban Centre Zone unless specifically permitted:
i)
The manufacture or open storage of fertilizers from human
or animal wastes.
ii)
The slaughtering of animals or poultry.
iii)
The following Commercial or Industrial uses: animal food
plant; clay, concrete or brick products plant; coal yard; dry
cleaning plant using flammable solvents; explosive
manufacturing or storage in excess of 11 kilograms;
sewage disposal plant; incinerator; or, gas, tar or petroleum
processing.
Town of Newmarket Zoning By-law Consolidated August 2025 59
4.22
Municipal Services
4.22.1
Dwelling Unit within a Subdivision
Municipal services are deemed to be available to a dwelling unit
within a subdivision when the roads, water, storm sewer, sanitary
sewer and storm water management facilities required to service
the dwelling unit satisfy the following requirements:
i)
the public highways and lanes in the subdivision have been
constructed to base course asphalt;
ii)
the watermains, sanitary sewers, storm sewers and storm
water management facilities necessary to service the
dwelling unit have been constructed and are operational;
iii)
the following requirements with respect to any necessary
sanitary, storm and watermain trunks and storm water
management facilities external to the site or subdivision
have been satisfied:
a) all property required for the service has been dedicated
to the Corporation of the Town of Newmarket or other
government having jurisdiction, if applicable;
b) the contract for the construction of the service has been
awarded;
c) a construction schedule, confirming completion and
operation of the external service prior to occupancy, has
been provided to the satisfaction of the Town's Director
responsible for such services; and,
d) the Town or other government having jurisdiction has
received adequate security for the construction of the
external service, if it is intended to be constructed by a
private party.
iv)
the watermain and any required service connections 100mm
in diameter or greater in size have been disinfected in
accordance with Ontario Provincial Standard Specification
201, or its successor thereto, and American Water Works
Association Standard C651-99, or its successor thereto, and
any required service connections 38mm in diameter up to an
including 99mm in diameter are to be flushed and
satisfactorily sampled in accordance with applicable MOE
Regulations, at the sole discretion of the Overall
Responsible Operator (O.R.O.) and the Town Director
Town of Newmarket Zoning By-law Consolidated August 2025 60
responsible for such services to ensure that the water meets
Provincial quality standards and such other standards as are
adopted by the Corporation of the Town of Newmarket.
v)
the watermain and any required service connections 100mm
in diameter or greater in size have been hydrostatically
tested in accordance with Ontario Provincial Standard
Specification 701, or its successor thereto, and American
Water Works Association Standards C600-099 and C605-
94, or their successors thereto, or such other standards
adopted by the Corporation of the Town of Newmarket.
vi)
a water flow test has been conducted in accordance with
NFPA Standard 921, or its successor thereto, and at no
point in the system are the following flow standards for
firefighting purposes not met: 5,000 litres/minute at 140 kpa
for detached dwelling units and 7,000 litres/minute at 140
kpa for multiple-unit buildings or such other standard
adopted by the Town's Fire Chief; and,
vii)
notwithstanding clause vi) above, a single access in any
subdivision, to the satisfaction of the Town's Fire Chief,
may be permitted where any dwelling unit to be
constructed is not more than 100 metres, measured along
the said access, from an existing, assumed public highway
that is connected to the said single access.
4.22.2
Dwelling Units Not Within a Subdivision
Municipal services are deemed to be available to a dwelling unit,
a multiple- unit building that is not within a subdivision when the
roads, water, storm sewer, sanitary sewer and storm water
management facilities required to service the dwelling unit satisfy
the following requirements:
i)
where the dwelling unit does not front directly on an
assumed public highway, an access route for fire
department use, in accordance with the provisions of the
Building Code, O. Reg. 403/97 or any successor legislation
or regulation, has been provided;
ii)
where any of a watermain, sanitary sewer and storm
drainage systems are available within a public road
allowance adjacent to the lot on which the dwelling unit is
to be located, those facilities are constructed and are
operational;
Town of Newmarket Zoning By-law Consolidated August 2025 61
iii)
where sanitary sewers are not available to the lot on which
the dwelling unit is to be located, a permit for a private
sewage disposal system is available;
iv)
where a new watermain extension is required to provide
water service, the watermain and any required service
connections 100mm in diameter or greater in size have been
disinfected in accordance with Ontario Provincial Standard
Specification 701, or its successor thereto, and American
Water Works Association Standard C651-99, or its
successor thereto, and any required service connections
38mm in diameter up to and including 99mm in diameter are
to be flushed and satisfactorily sampled in accordance with
applicable M.O.E. Regulations, at the sole discretion of the
Overall Responsible Operator (O.R.O.) and the Town
Director responsible for such services to ensure that the
water meets Provincial quality standards and such other
standards as are adopted by the Corporation of the Town of
Newmarket;
v)
where a new watermain extension is required to provide
water service, the watermain and any required service
connections 100mm in diameter or greater in size have
been hydrostatically tested in accordance with Ontario
Provincial Standard Specification 701, or its successor
thereto, and American Water Works Association Standards
C600-00 and C605-94, or their successors thereto, or such
other standards adopted by the Corporation of the Town of
Newmarket; and,
vi)
where a new watermain extension is required to provide
water service, a water flow test has been conducted on the
watermain and any service connections 100mm in diameter
or greater in size in accordance with NFPA Standard 921, or
its successor thereto, and at no point in the system are the
following flow standards for firefighting purposes not met:
5,000 litres/minute at 140kpa for detached dwelling units
and 7,000 litres/minute at 140 kpa for multiple unit
buildings, such other standard adopted by the Town's Fire
Chief.
Town of Newmarket Zoning By-law Consolidated August 2025 62
4.22.3
Municipal Services Capacity Required for New Dwelling Units
Notwithstanding any other provisions contained herein or enacted
hereafter pursuant to Section 34 of the Planning Act, or any
predecessor thereof, by the Council of the Corporation of the
Town of Newmarket, or any predecessor thereof, no land shall be
used and no building or structure shall be erected or used which
will result in the creation of any new or additional dwelling units
unless:
i)
water and sanitary sewer capacity is available and the
Council of the Corporation of the Town of Newmarket has
allocated water and sanitary sewer capacity to service the
said lands and dwelling units or the said Council has
exempted the development or the class of development
from the requirement for allocation of capacity; and
a) the Town's Director responsible for such services has
confirmed that municipal services are available in
accordance with sub- sections 4.24.1 i) to v) inclusive or
sub-sections 4.24.2 ii), iv) and v) inclusive as the case
may be;
b) the Town's Fire Chief has confirmed that sub-sections
4.24.1 vi) to vii) both inclusive or sub-section 4.24.2 i) and
vi) both inclusive as the case may be;
c) the Town's Chief Building Official has confirmed that sub-
section 4.24.2 iii) has been complied with.
ii)
with respect to multi-unit buildings within the site plan
control area as designated through a By-Law passed by the
Council of the Corporation of the Town of Newmarket under
Section 41 of the Planning Act R.S.O., 1990 c. P. 13, or its
successor thereto, the Council of the Corporation of the
Town of Newmarket has approved a site plan under Section
41 of the Planning Act, R.S.O., 1990 c. P. 13, or its
successor thereto, and the owner of the land has executed a
site plan agreement, if applicable, and
a) the Town's Director responsible for such services has
confirmed that municipal services are available in
accordance with sub- sections 4.24.1 i) to v) inclusive or
sub-sections 4.24.2 ii), iv) and v) inclusive as the case
may be;
b) the Town's Fire Chief has confirmed that sub-sections
4.24.1 vi) to vii) both inclusive or sub-section 4.24.2 i)
and vi) both inclusive as the case may be;
c) the Town's Chief Building Official has confirmed that sub-
section 4.24.2 iii) has been complied with.
Town of Newmarket Zoning By-law Consolidated August 2025 63
4.22.4
Nothing in this By-Law Shall Prevent
i)
the erection of buildings for uses incidental to
construction, such as a construction camp or other such
temporary work camp, tool shed, scaffold or other building
or structure incidental to the construction only for so long
as the same are necessary for work in progress which has
neither been finished nor abandoned; and
ii)
the erection of model homes and sales offices, subject to
Section 4.1.8, terms and conditions as established by the
Town, and the provision of an access route for fire
department use in accordance with the Building Code,
O.Reg. 403/97, or its successor thereto.
4.23
Garbage and Waste Management
i)
Garbage containment shall be located within either a
building, or a garbage enclosure surrounded by an opaque
fence no less than 1.8m in height, in the following zones or
where the following uses are being undertaken:
-
Any Commercial zone;
-
Any Employment zone;
-
Any Institutional zone;
-
Any Open Space zone; or
-
Any lot containing an Apartment Building.
i)
A structure primarily used for garbage containment or a
garbage enclosure shall not be located:
-
In a front yard;
-
In an exterior side yard;
-
In any minimum yard abutting a Residential,
Institutional, Urban Centre, or Open Space Zone; or
-
Within any required landscaped areas.
ii)
A building used for garbage containment or a garbage
enclosure shall be located in accordance with an approved
site plan. (By-law 2018-50)
4.24
0.3m Reserve (By-law 2020-63)
For the purposes of this By-law, a 0.3 m reserve shall:
i.
be considered to be part of the abutting road for the purposes
of determining lot lines, and
ii.
be considered part of the adjacent lot for the purposes of
determining setbacks and coverage.
This regulation does not deem the lot to abut a street from which it
is separated by a 0.3 metre reserve.
Town of Newmarket Zoning By-law Consolidated August 2025 64
Section 5: Parking, Loading and Queuing Requirements
5.1
Legal non-complying parking, loading and queuing
requirements
Where on the date of the passing of this By-Law, a building or
structure requiring 5 or more parking spaces had previously
complying parking, loading and/or queuing requirements that no
longer comply with the requirements of this By- Law, this By-Law
shall not be interpreted to require that any non-compliance be
corrected prior to the construction of any addition. If an addition is
made to the building which increases the gross floor area, then
additional parking, loading, and queuing spaces applicable to the
additional floor area shall be provided by the regulations of this By-
Law. (By-law 2011-25)
5.2
Parking Space Requirements
When any new development is constructed, or when any existing
development is enlarged, or when any use is changed, off-street
vehicular parking spaces shall be provided in accordance with
the standards of this By-Law.
5.2.1
Exclusive Nature of Parking Space
Parking spaces and areas required in accordance with this By-
Law shall only be used for the parking of operative, currently
licensed vehicles that are used in relation to the permitted use(s)
for which the parking spaces and areas are required.
5.2.2
Parking Space Design (applies to 5 or more required parking
spaces) (By-law 2012-74)
i)
The minimum required size of a parking space shall be as
follows:
Number of
Required Spaces
Parking Space
Configuration
Minimum Size
Fewer than 5
(By-law 2018-50)
Parallel
2.6m by 6.7m
Perpendicular
2.6m by 5.0m
5 or More
(By-law 2018-50)
Parallel
2.6m by 6.7m
Perpendicular
2.7m by 5.5m
ii)
The width of the drive aisle adjacent to a parking space shall
be in accordance with the following standards:
Town of Newmarket Zoning By-law Consolidated August 2025 65
Angle of Parking
Space
Minimum Aisle
Width
Direction
45 degrees
4.5 metres
One Way
90 degrees
6.0 metres
Two Way
iii)
Barrier-free parking spaces will be provided in two types, and
in the quantities stated in Section 5.3.6:
a. Type A ("Van"): Minimum size of 3.4m by 5.5 m
b. Type B: Minimum size of 2.6m by 5.5m
Every accessible parking space must have an access aisle
adjacent to the space. An access aisle may be shared by two
adjacent accessible parking spaces. The minimum width of an
access aisle is 1.5m.
Access aisles must be demarcated with high tonal contrast
diagonal lines to discourage vehicles from parking in them.
(By-law 2018-50)
5.3
Calculation of Parking Requirements
Where the minimum number of required parking spaces is
calculated on the basis of a rate or ratio, the number of required
spaces shall be rounded to the next higher whole number.
The parking requirements for more than one use on a single lot or
for a building containing more than one use, shall be the sum total
of the parking requirements for each of the component uses,
unless otherwise noted.
5.3.1
Residential Uses
The minimum, off-street parking requirements for residential uses
shall be as follows:
Town of Newmarket Zoning By-law Consolidated August 2025 66
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Accessory Dwelling Unit
2 exterior parking spaces per
accessory dwelling unit
A Mixed Use Building
containing up to 3 Dwelling
Units
1.5 parking spaces per dwelling
unit
Dwelling, Detached
2 parking spaces per dwelling
unit (*1) (*2)
Dwelling, Link
2 parking spaces per dwelling
unit (*1) (*2)
Dwelling, Semi-Detached
2 parking spaces per dwelling
unit (*1) (*2)
Dwelling, Duplex
2 parking spaces per dwelling
unit (*2)
Dwelling, Triplex
1.5 parking spaces per dwelling
unit plus 0.25 visitor spaces per
dwelling unit
Dwelling, Quadruplex,
Fourplex or Maisonette
1.5 parking spaces per dwelling
unit plus 0.25 visitor spaces per
dwelling unit
Dwelling, Townhouse or
Stacked Townhouse on
Private Road
1.5 parking spaces per dwelling
unit plus 0.25 visitor spaces per
dwelling unit(*2)
Dwelling, Townhouse or
Stacked Townhouse on Public
Road
2 parking spaces per dwelling
unit plus 0.25 visitor spaces per
dwelling unit(*2)
Parcel of Tied Land
Development
-
Minimum required parking
spaces per dwelling unit shall
be located on the parcel of
tied land
-
Visitor parking shall be located
on the common element
condominium block which
contains the condominium
street
Apartment Building
1.5 parking spaces per dwelling
unit plus 0.25 visitor spaces per
dwelling unit
Bed and Breakfast
Establishment
1 space for each room or suite
used for the purposes of lodging for
the travelling public, in addition to
the required parking for the dwelling
Dormitory
0.5 parking spaces for each
rooming unit
Group Home Halfway House Greater of 2 parking spaces or 1
space per staff member on duty
Town of Newmarket Zoning By-law Consolidated August 2025 67
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Home Occupation
Where the area occupied by the
home occupation exceeds 24
m2, 1 parking space shall be
required for every 9 m2 above
the 24 m2 of the dwelling unit
used for the home occupation
Special Needs Facility
Greater of 2 parking spaces or 1
space per staff member on duty
(*1) Where in combination with an accessory dwelling unit the
required parking spaces shall be provided exterior of any
garage or structure.
(*2) Required parking spaces shall be provided exterior of any
garage unless otherwise permitted by this by-law.
5.3.2
Non-Residential Uses
The minimum off-street parking requirements for non-residential
uses shall be as follows:
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Accessory Retail Sales Outlet 1 space per 28 m2 of gross floor
area dedicated to accessory retail
sales
Art gallery
Museum
1 space per 50 m2 of gross floor
area
Banquet facility
1 parking space per 9 m2 of gross
floor area
Commercial Recreation
Centre
1 parking space per 20 m2 of
gross floor area dedicated use by
the public
Community Centre
Outdoor Recreation
Facility Sports Arena
1 parking space per 14 m2 of
gross floor area dedicated to
indoor facilities for use by the
public plus the aggregate of:
- 30 spaces per all field
- 30 spaces per soccer field
- 4 spaces per tennis court
Commercial School
1 space per 20 m2 of gross floor
area
Town of Newmarket Zoning By-law Consolidated August 2025 68
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Convenience Store
1 parking space per 18 m2 of
gross floor area
Day Nursery
2 parking spaces per classroom
plus 1 space for every 4 children
licensed capacity
Dry Cleaning Depot
Laundromat
1 space per 20 m2 of gross floor
area
Financial Institution
1 parking space per 15 m2 of
gross floor area
Funeral Home
30 parking spaces for the first 30
m2 of gross floor area plus 1
space for each additional 15 m2 of
gross floor area
Garden Centre
1 space per 30 m2 of gross floor
area
Golf Course
The aggregate of:
- 36 parking spaces for each 9
holes of golf
- 1 parking space per 27 m2 of
gross floor area of the club
house
Hospital
1 parking space per 42 m2 of
gross floor area
Hotel
The aggregate of:
- 1 space per guest room
1 space per every 2 guest rooms
over 20
- 1 space per 4.5 m2 of gross
floor area
- dedicated to administrative,
banquet and meeting facilities
Institutional Day Centre
1 space per 20 m2 of gross floor
area
Library
1 space per 10 m2 of gross floor
area
Local Shopping Centre
5 spaces per 90m2 of gross floor
area (By-law 2011-25)
Long Term Care Facility
0.33 parking space per
licensed patient bed plus 1
space per 100m2 of gross floor
area used for all other purposes
Town of Newmarket Zoning By-law Consolidated August 2025 69
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Manufacturing
Manufacturing, Light
The aggregate of:
- 1 parking space per 45 m2
of gross floor area up to
1860 m2 GFA;
- 1 parking space per 90 m2 of
gross floor area from 1861
m2 to 3720 m2 GFA;
- 1 parking space per 185 m2 of
gross floor area greater than
3720 m2 GFA;
- plus 1 space per 28 m2
dedicated to
an accessory sales outlet
Medical Clinic
Medical Office Building
Medical and Dental
Laboratories
1 parking space per 17 m2 of net
floor area
Medical Practitioner, Sole
6 parking spaces
Motor Vehicle Body Shop
1 parking space per 13 m2 of
gross floor area including the
service bays
Motor Vehicle Sales
Establishment
1 parking space per 25m2 of
gross floor area dedicated to
showing, repairing, displaying,
and retailing vehicles plus
1 parking space per 45m2 of
gross floor area to be reserved for
visitor/customer parking to a
maximum requirement of 10
spaces
Motor Vehicle Service Shop
1 parking space per 13 m2 of
gross floor
area excluding the service bays
Motor Vehicle Service Station - 2 parking spaces where the
gross floor area of the kiosk is
26 m2 or less or
- 1 parking space per 18 m2
where the kiosk is greater than
26 m2 with a minimum of 2
parking spaces
Town of Newmarket Zoning By-law Consolidated August 2025 70
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Multiple-Unit Buildings within
Employment Zones
The aggregate of:
- 1 parking space per 45 m2
of gross floor area up to
1860 m2 GFA;
- 1 parking space per 90 m2
of gross floor area from 1861
m2 to 3720 m2 GFA;
1 parking space per 185 m2 of
gross floor area greater than
3720 m2 GFA
Nightclub
1 parking space per 7.5 m2 of
gross floor area
Passenger Transportation
Terminal
0.5 space per 100 m2 of gross
floor area
Office Accessory Office
1 parking space per 27 m2 of
net floor area
Personal Service Shop
1 parking space per 30 m2 of
gross floor area
Place of Worship
1 parking space per 9 m2 of the
aggregate gross floor area of
the nave, public hall, banquet hall
or other community/multi-use hall
used as a place of assembly
Private Club
1 parking space per 9 m2 of
gross floor area
Restaurant
1 parking space per 9 m2 of
gross floor area dedicated to
public use, excluding any porch,
veranda, patio, and/or
commercial rooftop patio
dedicated as seasonal servicing
areas. (By-law 2021-08)
Retail
- Food/Grocery Store/
Supermarket
All other retail uses
1 parking space per 9 m2 of
gross floor area with a
minimum of 5 parking spaces
1 parking space per 18 m2 of
net floor area
Retail Warehouse Store
1 parking space per 20 m2 of
gross floor area
Town of Newmarket Zoning By-law Consolidated August 2025 71
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Retirement Residence
0.5 parking space per unit plus
0.25 parking spaces per unit for
visitors
School, Elementary
2 parking spaces per classroom
plus an additional 10% of the
total parking requirement to be
dedicated to visitor parking
School, Secondary
3 parking spaces per classroom
plus an additional 10% of the
total parking requirement to be
dedicated to visitor parking
School, Post-Secondary
1 space per 100 m2 gross floor
area used for instructional and/or
academic purposes
Service or Repair Shop
1 parking space per 28 m2 of
gross floor area
Shopping Mall, Regional
(Upper Canada Mall)
1 parking space per 21 m2 of
gross leasable floor area
Studio
1 space per 20 m2 of gross floor
area
Transportation Depot
0.5 space per 100 m2 of gross
floor area
Veterinary Clinic Veterinary
Hospital Domestic Animal
Care Facility
1 parking space per 27 m2 of
gross floor area
Warehouse and Storage Uses - 1 parking space per 90 m2
gross floor area up to 1860 m2
of gross floor area dedicated
to storage and warehouse
uses
- additional parking spaces
subject to approved site plan
and site plan agreement for
gross floor area greater than
1860 m2
Uses permitted by this By-Law
that are not otherwise
specifically identified within this
table
- 1 space per 20 m2 of gross
floor area
Town of Newmarket Zoning By-law Consolidated August 2025 72
5.3.3
Parking Standards for the Urban Centres
Notwithstanding Sections
5.3.1 and 5.3.2 of this By-
law, the parking standards
for the lands located
within the Urban Centres,
as shown more
particularly on Schedule
'C' below and forming part
of this By-law, shall be in
accordance with the
following, and shall be
located in accordance with
Section 5.4.1:
5.3.3.1
Residential Uses in the Urban Centres
The minimum and maximum off-street parking requirements for
permitted residential uses in the zones in the Urban Centres
shall be as follows:
Type or Nature of Use
Minimum Off-Street
Parking Requirements
Maximum Off-Street
Parking Requirements
Accessory Dwelling
Unit
1.0 parking space per
accessory dwelling
unit
n/a
Dwelling, Detached
2.0 parking spaces
per dwelling unit (*1)
n/a
Dwelling, Link
2.0 parking spaces
per dwelling unit (*1)
n/a
Dwelling, Semi-
Detached
2.0 parking spaces
per dwelling unit (*1)
n/a
Dwelling, Duplex
2.0 parking spaces
per dwelling unit (*1)
n/a
Dwelling,
Quadruplex, or
Maisonette
1.5 parking spaces
per dwelling unit plus
0.25 visitor spaces per
dwelling unit
n/a
Dwelling, Townhouse
or Stacked
Townhouse on Private
Road
1.0 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit (*2)
1.2 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit.(*2)
Town of Newmarket Zoning By-law Consolidated August 2025 73
Type or Nature of Use
Minimum Off-Street
Parking Requirements
Maximum Off-Street
Parking Requirements
Dwelling, Townhouse
or Stacked
Townhouse on Public
Road
1.0 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit.(*2)
1.2 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
Apartment
Building or a Mixed
Use Building -
Bachelor Unit
0.70 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
0.85 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
Apartment Building or
a Mixed Use Building-
One Bedroom Unit
0.80 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
1.00 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
Apartment Building or
a Mixed Use Building-
Two Bedroom Unit
1.00 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
1.20 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
Apartment Building or
a Mixed Use Building-
Three or more
Bedroom Unit
1.20 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
1.40 parking spaces
per dwelling unit plus
0.15 visitor spaces per
dwelling unit. (*2)
Bed and Breakfast
Establishment
1.0 parking space for
each room or suite
used for the purposes
of lodging for the
travelling public, in
addition to the required
parking for the dwelling
n/a
Dormitory
0.5 parking spaces for
each rooming unit
n/a
Group Home Halfway
House
2.0 parking spaces
4.0 parking
spaces
Home Occupation in
a:
Dwelling,
Detached;
Dwelling, Link;
Dwelling, Semi-
Detached; Dwelling,
Duplex; Dwelling,
Quadruplex; or
Dwelling, Maisonette
Where the area
occupied by the home
occupation exceeds
24m2, 1.0 parking
space shall be required
for every 9m2 above
the 24m2 of the
dwelling unit used for
the home occupation
n/a
Special Needs
Facility
2.0 parking spaces
4.0 parking
spaces
(*1) Where in combination with an accessory dwelling unit, the
required parking spaces shall be in addition to the required
parking space for the accessory dwelling unit.
Town of Newmarket Zoning By-law Consolidated August 2025 74
(*2) Where a dwelling unit is a financially assisted dwelling unit,
the minimum parking space rate and the maximum parking
space rate for the dwelling unit may be reduced by 30% of the
standard minimum and maximum parking space rates for the
applicable dwelling unit type. This reduction does not apply to
the visitor parking space per dwelling unit rates.
5.3.3.2
Non-Residential Uses in the Urban Centres
The minimum and maximum off-street parking requirements for
permitted non- residential uses shall be as follows:
Type or Nature of
Use
Minimum Off-Street
Parking
Requirements
Maximum Off-Street
Parking
Requirements
Art gallery
Museum
1.0 parking space per
100m2 of gross floor
area
2.0 parking spaces
per 100m2 of gross
floor area
Banquet facility
1.0 parking space per
9m2 of gross floor
area
n/a
Commercial
Recreation Centre
Community Centre
Outdoor
Recreation
Facility
Sports Arena
1.0 parking space per
28m2 of gross floor
area
2.0 parking spaces
per 28m2 of gross
floor area
Commercial School
1.0 parking space per
40m2 of gross floor
area
2.0 parking spaces
per 40m2 of gross
floor area
Convenience Store
1.0 parking space per
40m2 of gross floor
area
2.0 parking spaces
per 40m2 of gross
floor area
Day Nursery
1.0 parking space per
classroom, plus 1.0
parking space for
every 8 children
licensed capacity
2 times the minimum
off- street parking
requirement
Domestic Animal
Care
Facility
1.0 parking space per
40m2 of gross floor
area
2.0 parking spaces
per 40m2 of gross
floor area
Dry Cleaning Depot
Dry Cleaning
Establishment
Laundromat
1.0 parking space per
40m2 of gross floor
area
2.0 parking spaces
per 40m2 of gross
floor area
Financial Institution
1.0 parking space per
40m2 of gross floor
area
2.0 parking spaces
per 40m2 of gross
floor area
Town of Newmarket Zoning By-law Consolidated August 2025 75
Type or Nature of
Use
Minimum Off-Street
Parking
Requirements
Maximum Off-Street
Parking
Requirements
Funeral Home
30.0 parking spaces
for the first 30m2 of
gross floor area, plus
1.0 parking space for
each additional 15m2 of
gross floor area
n/a
Garden Centre
1.0 parking space per
30m2 of gross floor
area
n/a
Hospital
1.0 parking space per
42m2 of gross floor
area
n/a
Hotel
The aggregate of:
-
1.0 parking space
per guest room for
the first 20 guest
rooms
-
1.0 parking
space per two
guest rooms for
guest rooms
beyond the first
20
-
1.0 parking
space per 10m2
of gross floor
area dedicated to
administrative,
banquet and
meeting facilities
n/a
Institutional Day
Centre
1.0 parking space per
20m2 of gross floor
area
n/a
Library
1.0 parking space per
20m2 of gross floor
area
2.0 parking spaces
per 20m2 of gross
floor area
Light Equipment
Sales and
Rental
1.0 parking space per
40m2 of gross floor
area
2.0 parking spaces
per 40m2 of gross
floor area
Long Term Care
Facility
0.25 parking spaces
per dwelling unit or
rooming unit, plus 1.0
parking space per
200m2 of gross floor
area used for medical,
health or
personal services
2 times the minimum
off-street parking
requirement
Medical Clinic
1.0 parking space per
35m2 of gross floor
area
2.0 parking spaces
per 35m2 of gross
floor area
Medical Practitioner,
Sole
6.0 parking spaces
n/a
Town of Newmarket Zoning By-law Consolidated August 2025 76
Type or Nature of
Use
Minimum Off-Street
Parking
Requirements
Maximum Off-Street
Parking
Requirements
Motor Vehicle Rental
Establishment
1.0 parking space per
35m2 of gross floor
area
2.0 parking spaces
per 35m2 of gross
floor area
Motor Vehicle Sales
Establishment
1.0 parking space per
40m2 of gross floor
area excluding
showroom
2.0 parking spaces
per 40m2 of gross
floor area excluding
showroom
Motor Vehicle Repair
Facility
1.0 parking space per
13m2 of gross floor
area including the
service bays
n/a
Motor Vehicle Service
Shop
1.0 parking space per
13m2 of gross floor
area including the
service bays
n/a
Motor Vehicle Service
Station
-
2.0 parking
spaces where
the gross floor
area of the kiosk
is 25m2 or less or
-
1.0 parking space
per 18m2 where the
kiosk is greater
than 26m2 with a
minimum of 2.0
parking spaces
n/a
Passenger
Transportation
Terminal
0.5 parking space per
100m2 of gross floor
area
n/a
Office
Office, Conversion
1.0 parking space per
50m2 of gross floor
area
2.0 parking spaces
per 50m2 of gross
floor area
Personal Service
Shop
1.0 parking space per
40m2 of gross floor
area
2.0 parking spaces
per 40m2 of gross
floor area
Place of Worship
1.0 parking space per
9m2 of the aggregate
gross floor area of the
nave, public hall,
banquet hall or other
community/ multi-use
hall used as a place of
assembly
2.0 parking spaces
per 9m2 of the
aggregate gross floor
area of the nave,
public hall, banquet
hall or other
community/ multi-use
hall used as a place of
assembly
Private Club
1.0 parking space per
9m2 of gross floor
area
n/a
Town of Newmarket Zoning By-law Consolidated August 2025 77
Type or Nature of
Use
Minimum Off-Street
Parking
Requirements
Maximum Off-Street
Parking
Requirements
Restaurant
1.0 parking space per
50m2 of gross floor
area, excluding any
porch, veranda, patio
and/or commercial
rooftop patio
dedicated as seasonal
servicing areas. (By-law
2021-08)
4.0 parking spaces
per 50m2 of gross
floor area, excluding
any porch, veranda,
patio and/or
commercial rooftop
patio dedicated as
seasonal servicing
areas. (By-law 2021-
08)
Retail Store
1.0 parking space per
40m2 of gross floor
area
2.0 parking spaces
per 40m2 of gross
floor area
Retail Warehouse
Store
1.0 parking space per
20m2 of gross floor
area
n/a
School, Elementary
1.0 parking space per
classroom, plus an
additional 10% of the
total parking
requirement to be
dedicated to visitor
parking
2 times the minimum
off-
street parking
requirement
School, Secondary
1.5 parking space
per classroom, plus
an additional 10% of
the total parking
requirement to be
dedicated to visitor
parking
2 times the minimum
off- street parking
requirement
School, Post-
Secondary
1.0 parking space per
200m2 of gross floor
area used for
instructional and/or
academic purposes
2.0 parking spaces
per 200m2 of gross
floor area used for
instructional and/or
academic purposes
Service or Repair
Shop
1.0 parking space per
28m2 of gross floor
area
n/a
Shopping Mall,
Regional
(Upper Canada Mall)
1.0 parking space per
21m2 of gross leasable
floor area
n/a
Studio
1.0 parking space per
20m2 of gross floor
area
n/a
Veterinary Clinic
1.0 parking space per
27m2 of gross floor
area
n/a
Town of Newmarket Zoning By-law Consolidated August 2025 78
5.3.3.3
Reduced Parking Standards for Proximity to Transit in the
Urban Centres
Notwithstanding Sections 5.3.3.1 and 5.3.3.2 of this By-law, the
parking standards for lands located within the Urban Centres as
shown more particularly on Schedule 'C" attached hereto and
forming part of this By-law, the minimum and maximum parking
rates for each of the permitted residential and non-residential uses
identified in Sections 5.3.3.1 and 5.3.3.2 may be reduced by 30% if
the property of such use is within a walking distance of 500 metres
of either the GO train station or a GO bus terminal properties.
5.3.3.4
Carpooling Parking Space for certain Non-residential uses in
the Urban Centres
Notwithstanding Section 5.3.3.2 and 5.3.7 of this By-law, the
required parking for developments involving financial institution,
hospital, library, medical clinic, medical office building,
medical and dental laboratories, office, elementary school,
secondary school, or post-secondary school uses must provide
carpooling parking spaces as the lesser of:
i)
5% of the total required parking supply for any of these non-
residential uses, or
ii)
2.0 parking spaces.
5.3.3.5
Car-Share Parking Space for certain Residential uses in the
Urban Centres
Notwithstanding Section 5.3.3.1 of this By-law, any development of
a mixed use building or apartment building providing parking
spaces for the purposes of car-share parking and does not include
any financially assisted dwelling units, the applicable minimum
parking space requirement may be reduced by up to 3 parking
spaces for each dedicated car-share parking space. The limit on
the parking space reduction is calculated as the greater of:
i)
4 x (total number of units / 60), rounded down to the nearest
whole number, or
ii)
1.0 parking space.
Town of Newmarket Zoning By-law Consolidated August 2025 79
5.3.4
Downtown (UC-D1) Zone
Notwithstanding Section 5.3.2 of this By-Law, the parking
requirements for non-residential uses for the UC-D1 Zone shall be
in accordance with the following:
i)
the required parking spaces shall not exceed the minimum
requirements;
ii)
notwithstanding Sections 4.14.1, 5.4 and 5.5 of this By-Law,
parking areas, parking lots, approaches, driveways,
entrances, exits, buffer areas, and loading areas do not
apply and shall be established in accordance with an
approved site plan;
iii)
a change from one permitted use to another within the
confines of any existing building, need not provide
additional parking. Any increase in floor space through
additions or expansion into space not presently used for
commercial purposes shall provide additional parking at the
rate of 1 parking space per 31 m2 of gross floor area or
cash-in-lieu of parking; and,
iv)
parking requirements for dwelling units not in existence on
the date of approval of the By-Law shall be provided in
accordance with Section 5.3.1 of this By-Law, however
existing on-site parking currently used for commercial
purposes may be used for new dwelling units and the
reduction of parking for commercial purposes may be taken
as cash-in- lieu of parking.
5.3.5
Shared Parking
i)
A shared parking formula may be used for the calculation of
required parking for a mixed use development. A mixed use
development means any combination of uses provided for in
the tables in this section. Where a use is not provided for in
the tables, its requirement at each time period is one
hundred percent of its requirement.
ii)
Shared parking is to be calculated in compliance with the
following table. All required parking spaces must be
accessible to all users participating in the shared parking
arrangement and may not be reserved for specific users.
Town of Newmarket Zoning By-law Consolidated August 2025 80
iii)
To determine the shared parking requirements for a mixed
use:
a) calculate the parking requirement for each use as if
these uses were free-standing buildings;
b) multiply each use by the percent of the peak period for
each time period contained in the following table;
c) total each peak column for weekday and weekend; and
d) the highest figure obtained from all time periods shall
become the required parking for the mixed use.
Type of Use
Percentage of Peak Period
(Weekday)
Morning
Afternoon
Evening
Industrial or office 100%
100%
10%
Recreational
25%
80%
100%
Hotel
80%
80%
100%
Assembly
10%
25%
100%
Type of Use
Percentage of Peak Period
(Weekend)
Morning
Afternoon
Evening
Industrial or office 10%
10%
10%
Recreational
90%
100%
100%
Hotel
80%
80%
100%
Assembly
90%
90%
100%
For the purposes of this section: a Recreational use includes
Commercial Athletic Centres, Places of Entertainment,
Studios, and similar uses; an Industrial or Office use includes
Medical Offices, Manufacturing, and similar uses; and
Assembly uses include Places of Worship, Banquet Facilities,
and similar uses. (By-law 2018-50)
5.3.6
Barrier Free Parking Spaces
Off-street barrier free parking spaces shall be provided in
accordance with the following. Provided barrier-free parking
spaces are included within, and not additional to, required non-
barrier-free parking spaces.
i)
The minimum barrier free parking requirement shall be as follows:
Town of Newmarket Zoning By-law Consolidated August 2025 81
Total number of
parking spaces
provided
Required Type A Spaces
(Van)
Required Type B Spaces
1 to 12
1
0
13 to 25
0
1
26 to 50
1
1
51 to 75
1
2
76 to 100
2
2
101 to 133
2
3
134 to 166
3
3
167 to 250
3
4
251 to 300
4
4
301 to 350
4
5
351 to 400
5
5
401 to 450
5
6
451 to 500
6
6
501 to 550
6
7
551 to 600
7
7
601 to 650
7
8
651 to 700
8
8
701 to 750
8
9
751 to 800
9
9
801 to 850
9
10
851 to 900
10
10
901 to 950
10
11
951 to 1000
11
11
Town of Newmarket Zoning By-law Consolidated August 2025 82
Total number of
parking spaces
provided
Required Type A Spaces
(Van)
Required Type B Spaces
1001 and over
11 spaces plus 1% of the total number of spaces (rounded
up to the next whole number), to be divided equally
between Types A and B. If an odd number of spaces is
required, the extra space may be Type B.
Note: Where an uneven number of accessible parking spaces are required, the
extra Type B space may be changed to a Type A space.
Notwithstanding subsection i) above, the minimum barrier free
parking requirement for medical offices, clinics and facilities
providing outpatient services shall be the greater of the requirement
of subsection i) above or 10% of the total minimum parking
requirement for the use, providing at least 40% of the required
barrier free spaces of each type of Type A and Type B. (By-law
2018-50)
5.3.7
Carpool Parking
Carpool parking spaces shall be provided in conjunction with
developments involving financial institution, hospital, library,
medical clinic, medical office, medical laboratory, office,
elementary school, secondary school, or postsecondary
school uses and shall be included as part of the overall parking
requirement as the lesser of:
i)
5% of the total required parking supply for any of these non-
residential uses, or
ii)
2.0 parking spaces
For each required carpool parking space provided the total
parking requirement may be reduced by 2 spaces. Carpool
parking spaces shall be located in immediate proximity to the
principal entrance of the building, second only to parking spaces
reserved as barrier-free parking spaces.
Carpool spaces are to be reserved for the exclusive use of vehicles
carrying more than one occupant. Carpool spaces are to be
indicated with Town- approved signage
Town of Newmarket Zoning By-law Consolidated August 2025 83
5.3.8
Bicycle Parking
i)
Bicycle parking spaces shall be provided as follows:
Use
Required Bicycle Parking
Retail, Service
Commercial,
Office, Institutional
2 Long-Term Bicycle Parking
Spaces and 5 Short-Term Bicycle
Parking Spaces space
for every 1000m of gross floor area
Manufacturing/
Industrial
2 Long-Term Bicycle Parking
Spaces and 2 Short-Term Bicycle
Parking Spaces space
2
for every 1000m of gross floor area
School
0.06 Long-Term Bicycle Parking Spaces
and 0.06 Short-Term Bicycle Parking
Spaces for each 100 square metres of
gross floor area
Apartment Building
0.5 Long-Term Bicycle Parking Spaces
per dwelling unit and 0.1 short-term
spaces per dwelling unit
Where required bicycle parking spaces are located internal to a
building, they shall be located:
a. on the ground floor; or
b. on the second floor or the first level below the ground floor if
the bicycle parking spaces are accessible via an elevator or ramp.
Bicycle parking spaces as required by this by-law shall not be
located:
a. in a dwelling unit; or
b. on a balcony.
ii)
The minimum dimension of a bicycle parking space is:
a. minimum length of 1.8 metres;
b. minimum width of 0.6 metres; and
iii)
minimum vertical clearance from the ground of 1.9 metres;
and
iv)
The minimum dimension of a bicycle parking space if placed
in a vertical position on a wall, structure or mechanical device
is:
a. minimum length or vertical clearance of 1.9 metres;
b. minimum width of 0.6 metres; and
c. minimum horizontal clearance from the wall of 1.2 metres; and
v)
A bicycle parking space must be on the same lot as the use
for which it is required. (By-law 2018-50)
Town of Newmarket Zoning By-law Consolidated August 2025 84
5.3.9
Snow Storage Accommodation
An outdoor parking lot designed to accommodate 5 or more
parking spaces, shall provide an area equivalent to 5% of the
number of required spaces for the purpose of snow storage.
5.4
Parking Lot Requirements
For every building, structure or use requiring 5 or more parking
spaces, off- street parking having access to a public street shall
be provided on the same lot on which the use, building or
structure is located unless otherwise specified in this By-Law.
5.4.1
Parking Lot Location
Where required, parking lots shall be located in accordance with the
following requirements:
Zone
Parking Lot Location Requirement
R4, R5
i)
shall be located in an area other than
the minimum front yard or the
exterior side yard;
ii) shall not occupy more than 50% of the
aggregate areas of the side and rear
yards of any lot;
iii) shall be located not less than 3 metres
from any side or rear lot line; and,
iv) in the case of an apartment dwelling,
shall not be located within 3 metres of
any residential zone.
Downtown, Urban
Centre and
Commercial
Zones(*1)
Parking spaces may be provided on
another lot within a different Urban Centre or
Commercial Zone but not more than 150
metres from the lot line of the use it is
intended to serve.
Urban
Centre
Zones(*1)
Parking lots shall be located in the interior
side yard and/or rear yard not less than
3.0 metres from any side or rear lot line.
However, a parking lot as a sole use may
be located in any yard. (By-law 2011-25)
Commercial,
Open Space,
Employment or
Institutional
Zones(*1)
Parking lots may be located within any
yard but shall not be located within 3.0
metres of any street line.
(*1) Excluding Elementary and Secondary School Uses
Town of Newmarket Zoning By-law Consolidated August 2025 85
5.4.2
Parking Lot Design
i)
Surface Treatment
Every parking lot, including parking spaces and
driveways, shall be graded and drained and the surface
treated with a permanent durable and dustless surface that
is designed to Town standards. This provision shall not
apply to parking lots of residential developments having
three or fewer dwelling units.
ii)
Curbs
The parking lot shall have visible boundaries defined by a
curb designed to Town standards.
5.4.3
Location of Visitor Parking
Visitor parking shall be located in accordance with the following
requirements:
i)
Where visitor parking is required outside of a Downtown or
Urban Centre Zone and in accordance with Sections 5.3.1
and 5.3.2, such parking shall be located at grade and shall
be separated from any adjacent street line by a strip of land
not less than 3 metres wide which shall be used only for
landscaping, entrances and exits.
ii)
Where visitor parking is required in the Residential Four (R4)
and Residential Five (R5) Zones, such parking spaces shall
be located in accordance with the following provisions:
a) not less than 1.5 metres from any lot line which abuts a
street;
b) not less than 15 metres from any side or rear lot line
other than a lot line which abuts a street; and
c) not less than 1.5 metres from any building or dwelling
unit for any grouping of 5 or more parking spaces.
5.4.4
Parking Lot Illumination
Where a parking lot is illuminated and is in or adjacent to a
residential zone, the lighting fixtures shall be installed in
accordance with the following:
i)
the lighting fixtures shall be arranged to have no part of any
fixture located at a height greater than 9 metres above the
finished grade of the parking lot; and,
Town of Newmarket Zoning By-law Consolidated August 2025 86
ii)
the lighting fixtures shall be designed and installed to deflect
the light downward and away from adjacent residential
buildings, lots and streets.
5.5
Entrances, Exits and Driveways
Driveways, entrances and exits shall be provided as follows:
Parking Requirement
Requirement for Entrances and Exits
Required Parking
Spaces: 4 or fewer
i)
The minimum width of a driveway, free of
projections shall be 3 metres.
ii)
The minimum distance between a driveway
and the intersection of 2 or more streets,
measured along the street line intersected
by such driveway shall be 4.5 metres.
iii)
(Deleted by By-law 2018-50.)
iv)
Approaches and driveways which provide
access to parking areas other than directly
from a municipal street shall be constructed at
a width not less than six (6) metres nor where
undivided, not greater than nine (9) metres.
(Deleted by By-law 2011-25 and By-law 2012-
74.)
v)
No person shall, in any residential zone,
use their minimum rear yard setback for
parking.
vi)
No person shall, in any residential zone, use
more than 25% of the rear yard for the
purposes of parking or a driveway.
Required Parking
Spaces: 5 or more
vii) Not more than 2 entrance and exit
driveways plus 1 additional entrance or exit
driveway for service vehicles, shall be
provided to access the parking lot.
viii) Each entrance and/or exit driveway shall
have a minimum width at the street line of
7.9 metres and if undivided, a maximum
width of 9 metres.
ix)
The minimum distance between a driveway
and intersection of street lines measured
along the street line intersected by such
driveway shall be 15 metres.
Town of Newmarket Zoning By-law Consolidated August 2025 87
Parking Requirement
Requirement for Entrances and Exits
x)
Approaches and driveways which provide
access to parking areas other than directly
from a municipal street shall be constructed at
a width not less than six (6) metres nor where
undivided, not greater than nine (9) metres.
(By-law 2011-25 and By-law 2012-74)
xi)
A continuous, uninterrupted pedestrian
connection of a minimum of 1.5m in width and
a material type visually and physically distinct
from the parking lot surface shall be
provided from a sidewalk to the principal
entrance of each building. If no sidewalk
abuts the property, the connection will be
provided from the abutting street. Where
parking spaces are configured such that the
front or rear of parked vehicles will be
adjacent to a pedestrian connection, the
pedestrian connection shall be 1.8m in width.
(By-law 2018-50)
Notwithstanding any other provision of this By-law, a driveway or an
access shared across two lots shall be permitted. Compliance with
any regulations of this By-law for a driveway or an access permitted
by this section shall be based upon the entire width of the
applicable access.
5.6
Loading Spaces
Off-street loading spaces shall be provided in accordance with this
By-Law when any new development is constructed, when any
existing development is enlarged, or when any existing use is
changed.
Town of Newmarket Zoning By-law Consolidated August 2025 88
5.6.1
Loading Space Requirements
Required loading spaces shall be unobstructed and shall be located on the
same lot as the use that requires the loading space as follows:
Zone
Gross Floor Area
Loading Space
Requirement
Location On
a Lot
Size of Loading
Space
Residential
Zones
Any residential
building containing
20 or more dwelling
units
1
Side or rear
yards
Width 3.6 m
Length 9 m
Vertical Clearance
4.2 m
Downtown,
Commercial
and
Urban
Centre
Zones
Less than 140 m2
140.1 m2 - 280 m2
280.1 m2 - 2323 m2
2323.1 m2 - 7432 m2
Greater than 7432.1
m2
0
1
2
3
1 additional
space for
every
additional
7432 m2
or fraction
thereof
Interior side
or rear yard
unless the
setback
from the
street line
is a
minimum of
60 metres
Width 3.6 m
Length 9 m
Vertical Clearance
4.2 m
Employment
Zones
Less than 225 m2
225.1 m2 - 550 m2
550.1 m2 - 2323 m2
2323.1 m2 - 7432 m2
Greater than 7432.1
m2
0
1
2
3
1 additional
space for
every
additional
7432 m2
or fraction
thereof
Interior side
or rear yard
unless the
setback
from the
street line
is a
minimum of
60 metres
Width 3.6 m
Length 13.7 m
Vertical Clearance
4.2 m
5.6.2
Access to Loading Spaces
Where a loading space(s) is required, the access to the loading
space(s) shall be provided by means of a driveway that is a
minimum of 6 metres wide, unless such spaces are directly linked
to a lane or roadway.
Town of Newmarket Zoning By-law Consolidated August 2025 89
5.6.3
Setback of Loading Spaces from Residential Zones
In any Downtown, Urban Centre, Commercial or Employment
Zone, no loading space shall be located closer than 10 meters to
any interior side lot line or rear lot line that abuts a Residential
Zone.
5.6.4
Provision of Loading Spaces for Multiple Occupancy Buildings
Notwithstanding any other provision of this By-Law, any units within
a multiple occupancy building in a Downtown, Urban Centre,
Commercial, or Employment Zone which do not exceed 225 m2 in
gross floor area shall not be included in calculations for required
loading spaces as required by this By-Law.
5.6.5
Size of Loading Spaces for Motor Vehicle Sales
Establishments
Notwithstanding any other provision of this By-Law, the minimum
size of a loading space for a motor vehicle sales establishment
shall be:
Width:
3.6 metres
Length:
13.7 metres
Vertical Clearance:
4.2 metres
5.7
Queuing Lane Requirements
Where queuing lanes are required in association with a permitted
use, the following provisions shall apply:
5.7.1
Exclusive Use of Queuing Space
Queuing lanes and spaces shall be exclusive of any other parking
space and aisle requirements contained within this By-Law.
5.7.2
Size of Queuing Space
All queuing spaces shall be rectangular in shape, with a minimum
length of 5.5 metres and a width of 2.6 metres.
Town of Newmarket Zoning By-law Consolidated August 2025 90
5.7.3
Calculation of Queuing Space Requirements
The lane and parking requirements associated with the drive-
through service use shall be measured as follows:
i)
The minimum required ingress spaces shall be measured
from the product pick-up window. The space at the product
pick-up window shall count towards the minimum required
ingress space requirement.
ii)
The minimum required egress spaces shall be
measured after the product pick-up window.
5.7.4
Queuing Space Requirements
The minimum ingress and egress queuing space requirements
shall be as follows:
Drive-Through Facility
Minimum Required
Ingress Spaces
Minimum Required
Egress Spaces
Financial Institution
5
1
Drive-Through Restaurant
12
2
Convenience Retail and
Service Establishment
12
1
Retail Store
5
1
Motor Vehicle Service
Station
3
1
Motor Vehicle
Washing
Establishment,
Automated
10
3
All Other Drive-
Through Facilities
2
1
Town of Newmarket Zoning By-law Consolidated August 2025 91
5.7.5
Setbacks for Queuing Lanes
Queuing lanes shall be located in accordance with the following:
i)
Queuing lanes within Downtown or Urban Centre Zones
shall not be permitted in the required front or exterior side
yards.
ii)
The distance between the closest driveway access and the
last required queuing space, measured in a straight line from
the middle point of the driveway at the lot line, shall be 12.0
metres.
iii)
Queuing lanes shall not obstruct access to parking
aisles or parking spaces on the lot.
iv)
No queuing lane shall be located closer than 10.0
metres to any Residential Zone.
5.7.6
Direction of Queuing Lane
Queuing lanes shall be unobstructed and must be clearly
delineated by pavement markings or physical barriers.
5.8
Parking Restrictions
5.8.1
Commercial Vehicles in a Residential Zone
On any lot within a Residential Zone, the parking or storage of any
commercial motor vehicle is not permitted unless wholly located
within an enclosed garage. Only one such vehicle may be stored
or parked within a garage on a lot in a Residential Zone.
5.8.2
Recreational Vehicles and Utility Trailers in a Residential Zone
(By-law 2015- 47)
The following regulations apply to the parking and storage of
recreational vehicles and utility trailers on lots within any
Residential Zone:
i)
Only one recreational vehicle or utility trailer may be
externally parked on a lot.
ii)
No recreational vehicle or utility trailer is permitted to park
in the front yard, or between the principal structure and the
front lot line, unless it is on a driveway, subject to the
provisions listed below. (By-law 2018-50)
Town of Newmarket Zoning By-law Consolidated August 2025 92
iii)
Where the recreational vehicle or utility trailer is stored
internally, such recreational vehicle or utility trailer must
be wholly contained within the dwelling unit or private
garage or carport.
iv)
No recreational vehicle or utility trailer may be parked on a
driveway without being affixed with a valid license plate or
being located on a trailer affixed with a valid license plate.
v)
No recreational vehicle or utility trailer may be parked in a
side or rear yard within 1 metre of a fence or property line.
vi)
A recreational vehicle or utility trailer parked on a driveway
must be setback 1m from the sidewalk or curb.
vii)
Notwithstanding the above, in the case of a lot where the
exterior side and/or rear lot line abuts a street or a 0.3 metre
reserve, parking or storage may be permitted in the exterior
side yard or rear yard but not closer than 7.6 metres from
the exterior or rear lot line.
viii)
Notwithstanding 5.8.2 ii, only one recreational vehicle or
utility trailer may be temporarily parked or stored on a
driveway for no more than 8 different days, consecutive or
not, within the same calendar month. For greater
clarification, if the recreational vehicle or utility trailer is
observed in the driveway for any amount of time, it is
deemed to have been there for one of the eight different
days during the calendar month.
5.8.3
Vehicle Storage and Display
Where a permitted use involves the storage and/or display of
operational motor vehicles, such as a motor vehicle dealership,
no such storage and or display shall be permitted within the
minimum side yard requirements and no closer than 3 metres
form the front and rear lot lines. By-law 2012-74
5.8.4
Parking of Inoperative Vehicles
The parking or storage of any motor vehicle, utility trailer or
recreational vehicle that does not have valid license plates is
not permitted in any zone unless wholly located within a garage.
Town of Newmarket Zoning By-law Consolidated August 2025 93
Section 6: Zone Provisions
6.1
Zone Provisions
Permitted uses and zone standards for all Zones are provided in
the following Sections:
Zone Category Section
Residential Zones
6.2
Commercial Zones
6.3
Downtown and Urban Centre Zones
6.4
Employment Zones
6.5
Institutional and Cemetery Zones
6.6
Open Space and Environmental Protection Zones
6.7
Transitional Zone
6.8
6.1.1
Permitted Uses
Permitted uses in a Zone are noted by the symbol '-' in the column
applicable to that Zone and corresponding with the row for a
specific permitted use. A number(s) following the symbol '-' , zone
heading or identified permitted use, indicates that one or more
exceptions apply to the use noted or, in some cases, to the entire
Zone. Exceptions and additional regulations are noted at the end of
each table.
6.1.2
Zone Standards
Regulations respecting lot area, frontage, coverage, yard
setbacks, floor space index and height are established for each
zone category.
In the case of residential regulatory sets of zone standards, such
zone standards are indicated with a letter after the corresponding
residential permitted use symbol on the zoning maps indicating
the applicable regulatory set for the corresponding use zone.
An asterisk and a number (*1) following the zone standard, zone
heading or description of the standard, indicates an additional Zone
requirement. These additional standards are listed at the end of
each subsection.
Town of Newmarket Zoning By-law Consolidated August 2025 94
6.2
Residential Zones
No person shall use any land or erect, alter or use any building or
structure in any Residential Zone except in accordance with
Sections 6.2.1 and 6.2.2 of this By-Law.
6.2.1
Permitted Uses
The following table establishes the uses permitted in the Residential Zones:
Permitted Use
R1
R2
R3
R4
R5
Dwelling Unit, Accessory
(*1)(*2)
-
-
Dwelling, Back to Back
Townhouse (By-law 2014-51)
-
Dwelling, Detached
-
Dwelling, Link
-
Dwelling, Semi-Detached
-
Dwelling, Duplex
-
Dwelling, Triplex
-
Dwelling, Fourplex
-
Dwelling, Quadruplex
-
Dwelling, Maisonette
-
Dwelling, Townhouse
-
Dwelling, Stacked
Townhouse
-
Apartment Building
-
Bed and Breakfast
Establishment (*3)
-
Home Occupation (*4)
-
-
-
-
-
Private Home Daycare (*5)
-
-
-
-
-
Group Home (*6)(*7)
-
-
Accessory Residential
Structures
-
-
-
-
-
Accessory Uses as per
Section 4.1.1
-
-
-
-
-
(*1)
Accessory Dwelling Units are permitted in accordance with
Section 4.5.
(*2)
(Deleted by By-law 2011-25)
(*3)
A bed and breakfast establishment shall only be permitted
in a detached dwelling. Such an establishment is not
permitted in an accessory dwelling unit.
(*4)
A Home Occupation is permitted in accordance with Section
4.6.
Town of Newmarket Zoning By-law Consolidated August 2025 95
(*5)
A Private Home Daycare must adhere to the requirements of
the Child Care and Early Years Act or its successor
legislation. For greater clarity, this act limits the number of
children who may be supervised at any one time in a private
home daycare.
(*6)
Group Homes shall not be permitted where residential
property is subject to flooding under the Regional Storm
conditions as defined by the Lake Simcoe Region
Conservation Authority.
(*7)
The minimum separation distances for the location of a
group home shall be as follows:
i)
300 metres from any other group home; and,
ii)
400 metres from a Special Needs Facility.
Town of Newmarket Zoning By-law Consolidated August 2025 96
6.2.2
Zone Standards
The following table and notations provided in Section 6.2.3 establish the zone standards applicable to the
Residential Zones. See Section 6.2.3 for additional zone requirements where indicated:
Typical Built Form
Detached Dwelling
Regulatory Set:
A
B
C
D
E
F
Min. Lot Area
0.8 ha
1860 m2
743 m2
511 m2
330 m2
265 m2
Min. Lot Frontage
60.0 m
30.0 m
18.0 m
15.0 m
12.0 m
9.7 m
Min. Yard Setbacks
From Front Lot Line
30.0 m
9.0 m
(*16)
(By-law 2020-63)
(*16)
(By-law 2020-63)
(*16)
(By-law 2020-63)
(*16)
(By-law 2020-63)
From Rear Lot Line
15.0 m
9.0 m
7.5 m
7.5 m
7.5 m
7.0 m
From Exterior Side Lot Line
-
6.0 m
6.0 m (*18)
(By-law 2020-63)
6.0 m (*18)
(By-law 2020-63)
3.0 m (*18)
(By-law 2020-63)
3.0 m (*18)
(By-law 2020-63)
From Interior Side Lot Line
One Side
7.5 m
1.8 m
-
-
0.6 m
0.6 m
Other Side
7.5 m
4.2 m
-
-
1.2 m
1.2 m
Up to 4.2m Building Height
(By-law 2020-63)
-
-
1.2 m
1.2 m
-
-
Up to 5.7m Building Height
(By-law 2020-63)
-
-
1.5 m
1.5 m
-
-
Beyond 5.7m Building Height
(By-law 2020-63)
-
-
1.8 m
1.8 m
-
-
Min. Building Separation
-
-
-
-
1.8 m
1.8 m
Max. Lot Coverage
15%
20%
35%
35%
45%
47%
Refer to Schedule D. If there is a conflict between this section and Schedule
D, Schedule D takes precedence (By-law 2020-63).
Max. Building Height
(By-law 2020-63)
8.5 m (*19) 8.5 m (*19) 8.5 m (*19) 8.5 m (*19) 8.5 m (*19) 8.5 m (*19)
Max. Finished First Floor Height
(By-law 2020-63)
1.2 m
1.2 m
1.2 m
1.2 m
1.2 m
1.2 m
Min. Driveway Width (*7)
-
-
3.0 m
3.0 m
Max. Driveway Width (*7)
(By-law 2011-25)
9.0m
9.0m
6.0m
6.0m
6.0 m
5.5 m
Min. Driveway Length (*11)
Garage Door Segmented
-
-
-
-
10.0m (*12) 10.0m (*12)
Non-Segmented Garage Door
-
-
-
-
11.2 m
11.2 m
Town of Newmarket Zoning By-law Consolidated August 2025 97
See Section 6.2.3 for additional zone requirements where indicated.
Typical Built Form
Link Dwelling
Semi-Detached Dwelling
Semi-Detached/
Duplex
Dwelling
Regulatory Set:
G
H
J
K
Min. Lot Area
n/a
400 m2
n/a
715 m2
Min. Lot Area Per Dwelling Unit
334 m2
n/a
n/a
n/a
Min. Lot Frontage
18.0 m
13.6 m
17.4 m
21.3 m
Min. Yard Setbacks
From Front Lot Line
(*16)
(By-law 2020-63)
(*16)
(By-law 2020-63)
(*16)
(By-law 2020-63)
(*16)
(By-law 2020-63)
From Rear Lot Line
7.5 m
7.5 m
7.0 m
7.5 m
From Side Lot Line
(*4)
-
-
-
From Exterior Side Lot Line
3.0m (*18)
(By-law 2020-63)
3.0 m (*18)
(By-law 2020-63)
3.0 m (*18)
(By-law 2020-63)
3.0 (*18)
(By-law 2020-63)
From Interior Side Lot Line
(*17)
(By-law 2020-63)
(*17)
(By-law 2020-63)
(*17)
(By-law 2020-63)
One Side
-
0.6 m
0.9 m
-
Other Side
-
1.2 m
0.9 m
-
Up to 4.2m Building Height
(By-law 2020-63)
-
-
-
1.2 m
Up to 5.7m Building Height
(By-law 2020-63)
-
-
-
1.5 m
Beyond 5.7m Building Height
(By-law 2020-63)
-
-
-
1.8 m
Min. Building Separation
-
1.8 m
1.8 m
-
Max. Lot Coverage
40%
45%
-
35%
Refer to Schedule D. If there is a conflict between this section and
Schedule D, Schedule D takes precedence (By-law 2020-63).
Max. Building Height
(By-law 2020-63)
8.5 m (*19)
8.5 m (*19)
8.5 m (*19)
8.5 m (*19)
Max. Finished First Floor Height
(By-law 2020-63)
1.2 m
1.2 m
1.2 m
1.2 m
Min. Driveway Width (*7)(*13)
2.9 m
2.9 m
2.9 m
2.9 m
Max. Driveway Width (*7)(*13)
(By-law 2011-25)
5.2 m
3.8 m
5.2 m
5.2 m
Min. Driveway Length (*11)
Garage Door Segmented
10 m (*12)
-
-
-
Non-Segmented Garage Door
11.2 m
-
-
-
Town of Newmarket Zoning By-law Consolidated August 2025 98
Typical Built Form
Triplex
Dwelling
Fourplex
Dwelling
Quadruplex/
Maisonette
Dwelling
Townhouse Dwelling
Regulatory Set:
L
M
N
P
R
Min. Lot Area
780 m2
892 m2
288 m2
n/a
n/a
n/a
Min. Lot Area Per Dwelling
Unit
21.3 m2
24.0 m2
24.0 m2
222 m2
n/a
180 m2
Min. Lot Frontage
n/a
n/a
n/a
30.0 m (*2)
7.5 m/unit
(*6)
6.0 m (*6)
Min. Yard Setbacks
From Front Lot Line
9.0 m
9.0 m
7.5/6.0 m (*1) 7.5/6.0 m (*1)
4.5 m
4.5 m
From Rear Lot Line
9.0 m
9.0 m
7.5 m
7.5 m
7.0 m
6/7 m (*5)
From Side Lot Line
2.4 m
2.4 m
2.4 m
(*3)
-
From Exterior Side Lot Line
2.4 m
2.4 m
-
3.0
3.0 m
3.0 m
From Interior Side Lot Line
2.4 m
2.4 m
-
-
1.5 m
(end unit)
1.5 m
(end unit)
Min. Building Separation
3.0 m
3.0 m
Max. Lot Coverage
35%
35%
40%
40%
50%
50%
Max. Height
11.0 m
(2 storeys)
11.0 m
(2 storeys)
11.0 m
(2 storeys)
11.0 m
(2 storeys)
11.0 m
(2 storeys)
11.0 m
(2 storeys)
Min. Driveway Width (*7)
-
-
-
2.9 m
2.9 m
-
Max. Driveway Width (*7)
-
-
-
3.4 m
3.4 m
3.0 m
Min. Driveway Length (*11)
Garage Door Segmented
-
-
-
-
-
-
Non-Segmented Garage Door
-
-
-
-
-
-
See Section 6.2.3 for additional zone requirements where indicated.
Town of Newmarket Zoning By-law Consolidated August 2025 99
Section 6.2.2 continued
Typical Built Form
Plan of Condominium
Stacked Townhouse/
Apartment Building
Apartment Building
Regulatory Set:
CP
S
T
Min. Lot Area
n/a
Min. Lot Area Per Dwelling Unit
92 m2
67 m2
Min. Lot Frontage
37.0 m
42.6 m
Min. Yard Setbacks
The required yard shall
be the area between the
dwelling unit main wall
in its entirety, lawfully
existing as of the
passing of this By-Law;
and, the applicable lot
line.
From Front Lot Line
9.0 m
9.0 m
From Rear Lot Line
9.0 m
9.0 m
From Side Lot Line
(*9)
(*9)
Min. Building Separation
-
-
Min. Building Setback From Any
Common Private Road
-
-
Max. Lot Coverage
40%
40%
Max. Height
(By-law 2011-25)
15.0 m
(4 storeys)
30.0 m
(8 storeys)
Max. Floor Space Index
1.5
1.85
Min. Driveway Width (*7)
-
-
Max. Driveway Width (*7)
-
-
See Section 6.2.3 for additional zone requirements where indicated.
Town of Newmarket Zoning By-law Consolidated August 2025 100
6.2.3
Additional Requirements for Residential Zones
i.
The following additional requirements apply to the regulatory
sets for the Residential Zones as shown throughout Section
6.2.2. Where marked by an asterisk and number, that number
refers to the standard that is varied by the clause. Where
indicated as a regulation (i) (ii) (iii) that regulation describes its
effect and application. (By-law 2020-63)
ii.
For residential lots, the minimum amount of soft landscaping in
a yard is the area of the yard less any permitted
encroachments. (By-law 2020-63)
(*1)
7.5 metres from any road and 6 metres from any
common driveway.
(*2)
30 metres per total parcel with a minimum frontage on a
common driveway of 6 metres per dwelling unit.
(*3)
6 metres between blocks of row or townhouses or 3
metres from lot line.
(*4)
3.6 metres between pairs of link dwellings or 1.8 metres
from lot line.
(*5)
6.0 metres for a 2 storey dwelling, 7.0 metres for a 3
storey dwelling.
(*6)
The maximum number of townhouse units in 1 block
shall not exceed 8 units.
(*7)
A driveway shall be located a minimum of 0.6 metres
from the side lot line, except for a mutual driveway
where the setback may be nil.
(*8)
3.6 metres or one half of the height of the building,
whichever is greater.
(*9)
4 metres or one half the building height, whichever is
greater.
(*10) Deleted by By-law 2011-25
(*11) Driveway length shall be measured from the sidewalk
edge closest to the dwelling or structure on the lot to
the front wall of the garage. Where there is no sidewalk,
the minimum driveway length shall be measured from
the front wall of the garage to the pavement curb edge
closest to the dwelling or structure on the lot.
Town of Newmarket Zoning By-law Consolidated August 2025 101
(*12) Notwithstanding the minimum required driveway length
for a driveway adjacent to a segmented garage door,
where there is a double car garage with a segmented
door, and a double driveway of at least 6.0 metres in
width, the minimum driveway length may be reduced to
7.0 metres provided that the garage is setback a
minimum of 1.5 metres from the front wall of the
dwelling unit.
(*13) Driveway width shall be measured along a line parallel to the
front lot line or exterior side lot line and includes any
portion of hard landscaping or pavement contiguous to a
driveway or parking space where parking or storage of a
motor vehicle could be accommodated.
(*14) Minimum Front Yard Setback for 119 Exception:
Notwithstanding any other provision of this by-law, structures
built between existing buildings shall be built with a setback
which is within the range of existing front yard setbacks for the
abutting buildings, but this depth shall not be less than 3
metres from the front lot line.
(*15) For any dwelling unit, the elevation of the lowest point of an
opening to an area that may be used for parking or storage of
a vehicle located inside or abutting the dwelling shall be:
(A) higher than the elevation of the street the lot abuts
measured at its centerline directly across from the
driveway leading to the parking space; or
(B) higher than the elevation of a public lane that the lot abuts
measured at its centerline directly across from the
driveway to the parking space, except as provided for in
an approved site plan agreement.
(*16) The minimum front yard setback shall be one metre less than
the average of the front yard setback of adjacent dwellings
located within 60 metres on the same road, but shall not be
closer to the street line than 3m.
In addition to the above, the proposed front yard setback shall
not be further from the street line than one metre greater than
the average of the front yard setback of adjacent dwellings
located within 60 metres on the same road. (By-law 2020-63)
(*17) For a semi-detached dwelling, the setback shall not apply
where a side lot line extends from a common wall dividing
attached dwelling units. (By-law 2020-63)
Town of Newmarket Zoning By-law Consolidated August 2025 102
(*18) The minimum exterior side yard setback requirement shall be
one metre less than the average of the front yard or exterior
side yard setbacks of the adjacent dwelling(s) located within
60 metres on the same side of the road as the exterior side lot
line, but it shall not be less than the minimum prescribed in
Section 6.2.2.
In addition to the above, the proposed exterior side yard
setback shall not be further from the exterior side lot line
than one metre greater than the average of the front yard or
exterior side yard setbacks of the adjacent dwelling(s)
located within 60 metres on the same side of the road as the
exterior side lot line. (By-law 2020-63)
(*19) Notwithstanding the maximum building height as stated in
Section 6.2.2, the maximum building height for dwellings
located within the area as shown on Schedule E: Maximum
Building Height Special Provision Area shall be 8.0 metres.
(By-law 2020-63)
6.2.4
Existing Lot Conformity for Building Permits
For the purposes of this By-Law conformity with the requirements of
Section 6.2.2 and 6.2.3 shall be established by reference to the
building in its entirety and the lot as it exists when a building permit
is issued.
Town of Newmarket Zoning By-law Consolidated August 2025 103
6.3
Commercial Zones
No person shall use any land or erect, alter or use any building or
structure in any Commercial Zone except in accordance with
Sections 6.3.1 and 6.3.2 of this By-Law.
6.3.1
Permitted Uses
The following table establishes the uses permitted in the Commercial Zones:
Permitted Use
Convenience
Commercial
Zone
Service
Commercial
Zone
Retail
Commercial
1 and 2 Zones
Automotive
Commercial
Zone
Office
Commercial
1 Zone
Office
Commercial
2 Zone
Non-Residential
Use
(CC)
(CS)
(CR-1) (CR-2)
(CA)
(CO-1)
(CO-2)
Accessory
Outdoor
Display and
Sales Area
-
-
-
Art gallery
-
Banquet facility
-
Commercial
Recreation
Centre
-
-
Commercial
School
-
-
Convenience
Store
-
-
-
(*1)
Day Nursery
-
-
-
Domestic
Animal
Care
Facility
-
-
Drive-Thru
Facility
-
-
-
Dry Cleaning
Depot
-
-
Dry Cleaning
Establishment
-
-
-
Financial
Institution
-
-
Funeral Home
-
Garden Centre
-
-
Hotel
-
-
Institutional Day
Centre
-
-
Laundromat
-
-
Light
Equipment
-
Town of Newmarket Zoning By-law Consolidated August 2025 104
Permitted Use
Convenience
Commercial
Zone
Service
Commercial
Zone
Retail
Commercial
1 and 2 Zones
Automotive
Commercial
Zone
Office
Commercial
1 Zone
Office
Commercial
2 Zone
Sales and
Rental
Medical Clinic
-
Medical and
Dental
Laboratories
-
Medical Office
-
-
-
Medical
Practitioner,
Sole
-
-
Micro-Industrial
Use
-
-
Motor Vehicle
Rental
Establishment
-
Motor Vehicle
Sales
Establishment
-
Motor Vehicle
Service Shop
-
Motor Vehicle
Service Station
-
Motor Vehicle
Washing
Establishment
(Automated)
-
Office
-
-
-
-
Office,
Conversion
-
Parking Garage
-
Parking Lot
-
Passenger
Transportation
Terminal
-
Personal
Service Shop
-
-
-
Personal
Wellness
Establishment
(*5)
-
-
-
Place of
Worship
-
Restaurant
-
-
Town of Newmarket Zoning By-law Consolidated August 2025 105
Permitted Use
Convenience
Commercial
Zone
Service
Commercial
Zone
Retail
Commercial
1 and 2 Zones
Automotive
Commercial
Zone
Office
Commercial
1 Zone
Office
Commercial
2 Zone
Retail Store
-
-
-
Retail
Warehouse
Store (*3)
-
Service or
Repair Shop
-
-
-
Studio
-
-
Veterinary Clinic
-
-
Residential Use
Dwelling Unit
(*4)
-
Dwelling Unit,
Single
-
(*1) Permitted as an accessory use only up to a maximum gross floor area of 350m2.
(*2) Deleted by By-law 2018-50.
(*3) Only existing uses as of the date of the passing of this By-Law shall be permitted.
(*4)
A dwelling unit may only be permitted above a ground level commercial use and
is accessory and incidental to a permitted use in the building.
(*5) Within the Convenience Commercial (CC) Zone, Service Commercial (CS) Zone,
and Retail Commercial 1 and 2 (CR-1) (CR-2) Zones, Personal Wellness
Establishment shall only be permitted on lands shown in Schedule F: Personal
Wellness Establishment Permitted Areas.
Town of Newmarket Zoning By-law Consolidated August 2025 106
6.3.2
Zone Standards
The following table establishes the regulatory zone standards
applicable to the Commercial Zones.
Zone Standard
CC
CS
CR-1
CR-2
CA
CO-1
CO-2
Min. Lot Area
613 m2
900 m2
2 ha
0.4 ha
1300 m2
557 m2
511 m2
Min. Lot Frontage
18.0 m
24 m
90 m
60 m
30 m
18.0 m
15.0 m
Min. Yard Setbacks
From Front Lot
Line
7.5 m
7.5 m
4.5 m
4.5 m
10.6 m
7.5 m
7.5 m
From Rear Lot
Line
7.5 m
9.0 m
15.0/
12.0 m
(*6)
12.0/
9.0 m(*4)
10.6 m
9.0 m
7.5 m
From Side Lot
Line
9.0 m
(*3)
9.0/6.0 m
(*7)
9.0/6.0 m
(*5)
6.0 m
One Side
2.4 m
-
-
-
-
1.2 m
1.2 m
Other Side
4.5 m
-
-
-
-
3.6 m
1.2 m
Min. Floor Area
55 m2
(*1)
Max. Leasable
Floor Area
375 m2
(*2)
-
-
-
-
-
-
Max. Floor Space
Index
1.0
1.5
0.6
0.7
0.7
1.0
n/a
Max. Lot Coverage
35%
50%
35%
40%
30%
50%
35%
Max. Height
11.0 m
(3 storeys)
18.0 m
(6 storeys)
18.0 m
(6 storeys)
11.0 m
(3 storeys)
11.0 m
(3 storeys)
11.0 m
(3 storeys)
11.0 m
(3 storeys)
(*1)
Where a residential use is permitted, the minimum floor area of a dwelling
unit shall be no less than 55 m2.
(*2)
Maximum leasable floor area of a building that contains multiple
Convenience Commercial uses shall not exceed 850 m2, with no one use
being larger than 375 m2.
(*3)
Minimum side yard to height of 18 metres. Add 0.6 metres to the side yard
for each additional 3 metres of height.
(*4)
Minimum rear yard of 12 metres where a Commercial Zone abuts a
Residential, Institutional or Open Space Zone.
Minimum rear yard of 9 metres where a Commercial Zone abuts any other
zone or a street.
(*5)
Minimum side yard of 9 metres where a Commercial Zone abuts a
Residential, Institutional or Open Space Zone.
Minimum side yard of 6 metres where a Commercial Zone abuts any other
zone or a street.
Town of Newmarket Zoning By-law Consolidated August 2025 107
(*6)
Minimum rear yard of 15 metres where a Commercial Zone abuts a
Residential, Institutional or Open Space Zone.
Minimum rear yard of 12 metres where a Commercial Zone abuts any
other zone or a street.
(*7)
Minimum side yard of 9 metres where a Commercial Zone abuts
a Residential, Institutional or Open Space Zone.
Minimum side yard of 6 metres where a Commercial Zone abuts any
other zone or a street.
6.4
Downtown and Urban Centre Zones
No person shall use any land or erect, alter or use any building or
structure in any Downtown or Urban Centre Zone except in
accordance with Sections 6.4.1 and 6.4.2 of this By-Law.
6.4.1
Permitted Uses in the Downtown and Urban Centre Zones
The following table establishes the uses permitted in the Historic
Downtown, Regional and Provincial Urban Centre Zones:
Permitted Use
Provincial
Urban Centre
Zone
(UC-P)
Regional
Urban Centre
Zone
(UC-R)
Historic
Downtown
Zone
(UC-D1)
Downtown Zone
(UC-D2)
Non-Residential Uses
Art gallery
-
-
-
-
Banquet facility
-
-
Community Centre
-
-
-
-
Commercial Recreation
Centre
-
--
-
-
Commercial School
-
-
-
-
Convenience Store
-
-
-
-
Day Nursery
-
-
-
-
Domestic Animal Care
Facility
-
-
-
-
Drive-Thru Facility
-
-
-
Dry Cleaning Depot
-
-
-
-
Dry Cleaning
Establishment
-
-
Emergency Service
Facility
-
-
-
-
Financial Institution
-
-
-
-
Funeral Home
-
-
-
-
Garden Centre (*1)
-
-
Hotel
-
-
-
-
Institutional Day Centre
-
-
-
-
Laundromat
-
-
-
-
Town of Newmarket Zoning By-law Consolidated August 2025 108
Permitted Use
Provincial
Urban Centre
Zone
(UC-P)
Regional
Urban Centre
Zone
(UC-R)
Historic
Downtown
Zone
(UC-D1)
Downtown Zone
(UC-D2)
Library
-
-
-
-
Long Term Care Facility
-
-
-
Medical Clinic
-
-
-
Medical and Dental
Laboratories
-
-
Medical Office
-
-
-
Micro-Industrial Use
-
-
Motor Vehicle Rental
Establishment
-
-
Motor Vehicle Sales
Establishment (*1)
-
Motor Vehicle Service
Shop (*1)
-
-
Motor Vehicle Service
Station (*1)
-
-
-
-
Motor Vehicle Washing
Establishment,
Automated (*1)
-
-
Museum
-
-
-
-
Office
-
-
-
-
Parking Garage
-
- (*2)
-
Parking Lot
-
-
-
-
Passenger
Transportation Terminal
-
-
-
-
Personal Service Shop
-
-
-
-
Personal Wellness
Establishment (*5)
-
-
-
-
Place of Worship
-
-
-
-
Private Club
-
-
-
-
Restaurant
-
-
-
-
Retail Store
-
-
-
-
Retail Warehouse Store
(*1)
-
Retirement Residence
-
-
-
School, Elementary
-
-
-
-
School, Secondary
-
-
-
-
Service or Repair Shop
-
-
-
-
Studio
-
-
-
-
Veterinary Clinic
-
-
-
Residential Uses
Apartment Building
-
-
-
-
Dwelling Unit (*3)
-
-
-
-
Group Home (*4)
-
-
Live Work Unit
-
Stacked Townhouse
-
-
Town of Newmarket Zoning By-law Consolidated August 2025 109
(*1)
Only uses in existence as of the date of adoption of this By-Law shall be permitted.
Expansions to such uses are permitted subject to conformity with the zone
standards. (By-law 2011-25)
(*2)
Notwithstanding, a parking garage shall not be permitted to front on Main
Street between Millard Avenue and Water Street.
(*3)
A dwelling unit may only be permitted above a ground level commercial
use.
(*4)
Group homes shall not be permitted where residential property is subject to
flooding under the Regional Storm conditions as defined by the Lake
Simcoe Region Conservation Authority.
The minimum separation distances for the location of a group home shall
be as follows:
i)
300 metres from any other group home; and,
ii) 400 metres from a Special Needs Facility.
(*5)
Within the Provincial Urban Centre (UC-P) Zone; Regional Urban Centre (UC-R)
Zone; Historic Downtown (UC-D1) Zone, and Downtown (UC-D2) Zone, Personal
Wellness Establishment shall only be permitted on lands shown in Schedule F:
Personal Wellness Establishment Permitted Areas.
6.4.2
Zone Standards in the Urban Centre Zones
The following table establishes the regulatory zone standards
applicable to the Provincial, Regional, and Historic Downtown
Urban Centre Zones:
Zone Standard
Provincial
Urban Growth
Centre Zone
Regional
Urban Centre
Zone
Historic
Downtown
Zone
Downtown
Zone
(UC-P)
(UC-R)
(UC-D1)
(UC-D2)
Min. Lot Frontage (*1)
60.0 m
60.0 m
-
-
Min. Yard Setbacks
From Front Lot Line
3.0 m
3.0 m
-
3.0 m
From Rear Lot Line
18.0 m
(*2) (*5)
9.0 m
(*3) (*5)
-
12.0 m
(*4) (*5)
From Side Lot Line
One Side (or exterior)
3.0 m
3.0 m
-
3.0 m
Other Side (or interior)
3.0 m
3.0 m
-
3.0 m
Max. Yard Setbacks
From Front Lot Line
6.0 m
6.0 m
-
-
One Side (or exterior)
6.0 m
6.0 m
-
-
Other Side (or interior)
-
-
-
-
Town of Newmarket Zoning By-law Consolidated August 2025 110
Zone Standard
Provincial
Urban Growth
Centre Zone
Regional
Urban Centre
Zone
Historic
Downtown
Zone
Downtown
Zone
(UC-P)
(UC-R)
(UC-D1)
(UC-D2)
Min. Floor Space Index
1.0
-
0.5
-
Max. Floor Space Index
1.25
1.0
1.0
1.0
Min. Building Height
-
-
2 storeys
-
Max. Height
24.0 m (*2)
(8 storeys)
18.0 m
(6 storeys)
9.0 m
(3 storeys)
18.0 m
(6 storeys)
(*1)
For corner lots the Arterial Road shall be deemed to be the frontage.
Where there are 2 arterial roads, the municipality shall determine the
location of the frontage.
(*2)
Any portion of the building that exceeds 18.0 metres in height shall be set
back an additional 6.0 metres from the rear lot line.
(*3)
For that portion of the building that exceeds 9.0 metres in height, an
additional setback of 3.0 metres shall be provided from the rear lot line for
each storey or partial storey increment which is above 9.0 metres in
height.
(*4)
Any portion of the building that exceeds 12.0 metres in height shall be set
back an additional 6.0 metres from the rear lot line.
(*5)
Where the rear lot line directly, and only, abuts a street and/or a non-
residential zoned lot, the minimum rear yard setback may be reduced to
7.5 metres.
6.4.3
Existing Lot Conformity for Building Permits
For the purposes of this By-Law conformity with the requirements of
Section 6.4.2 shall be established by reference to the building in its
entirety and the lot as it exists when a building permit is issued.
Town of Newmarket Zoning By-law Consolidated August 2025 111
6.4.4
Permitted Uses within the Healthcare Urban Centre Zones
The following table establishes the non-residential uses
permitted in the Healthcare Urban Centre Zones:
Permitted Use
Healthcare Urban
Centre Core Hospital
South Zone (UC-H1)
Healthcare Urban Centre Complementary
Use 1 Zone (UC-HC1)
Healthcare Urban Centre Complementary
Use 2 Zone (UC-HC2)
Healthcare Urban Centre Complementary
Use 3 Zone (UC-HC3)
Healthcare Urban
Centre Core Hospital
North Zone (UC-H2)
Convenience Store
-
-
Day Nursery
-
Dormitory
-
-
Dry Cleaning
Depot
-
Financial
Institution
-
Hospital
-
-
Hotel
-
Institutional Day
Centre
-
Laundromat
-
Long Term Care
Facility
-
-
Medical Clinic
-
-
Medical and
Dental
Laboratories
-
-
Medical Office
-
-
Medical
Practitioner, Sole
-
-
Motor Vehicle
Repair Facility (*1)
-
Motor Vehicle
Sales
Establishment (*1)
-
Office
-
-
Parking Garage
-
-
Parking Lot
-
-
Passenger
Transportation
Terminal
-
-
Personal Service
Shop
-
Place of Worship
-
Private Club
-
Residential uses,
Existing
Restaurant
(*2)
-
Retail Store
(*2)
-
Town of Newmarket Zoning By-law Consolidated August 2025 112
Permitted Use
Healthcare Urban
Centre Core Hospital
South Zone (UC-H1)
Healthcare Urban Centre Complementary
Use 1 Zone (UC-HC1)
Healthcare Urban Centre Complementary
Use 2 Zone (UC-HC2)
Healthcare Urban Centre Complementary
Use 3 Zone (UC-HC3)
Healthcare Urban
Centre Core Hospital
North Zone (UC-H2)
School, Post
Secondary
-
-
Service or Repair
Shop
-
(*1) Only those uses existing as of the date of adoption of this By-Law shall be permitted.
Expansions to such uses are permitted subject to conformity with the zone standards.
(By-law 2011-25)
(*2) Permitted as an accessory use up to a maximum combined gross floor area of
3,000m2.
Town of Newmarket Zoning By-law Consolidated August 2025 113
6.4.5
Zone Standards within the Healthcare Urban Centre Zones
The following table establishes the regulatory zone standards applicable to non-residential and mixed uses in the Regional
Healthcare Urban Centre Zones:
Zone Standard
Healthcare
Urban Centre
Core Hospital
South Zone
Healthcare
Urban Centre
Core Hospital
North Zone
Healthcare Urban
Centre
Complementary 1
Zone
Healthcare Urban
Centre
Complementary 2
Zone
Healthcare Urban
Centre
Complementary 3
Zone
(UC-H1)
(UC-H2)
(UC-HC1)
(UC-HC2)
(UC-HC3)
Min. Lot Area
-
-
-
-
-
Min. Lot Frontage (*1)
-
40.0 m
60.0 m
40.0 m
21.0 m
Min. Yard Setbacks
From Front
Lot Line
9.0 m
5.0 m
5.0 m
5.0 m
2.6 m
From Rear Lot
Line
9.0 m
8.2 m
9.0 m
(*2)
9.0 m
(*3)
7.5 m
(*4)
From Side Lot
Line
One Side (or
exterior)
3.6 m
-
3.0 m
3.0 m
1.2 m
Other Side(of
interior)
3.6 m
-
3.0 m
3.0 m
3.6 m
Max. Floor Space
Index
1.5
1.5
1.0
1.0
1.0
Max. Height
40.0 m (*5)
(7 storeys)
24.0 m
(6 storeys)
18.0 m
(6 storeys)
12.0 m
(4 storeys)
12.0 m
(4 storeys)
(*1) For corner lots the Arterial Road shall be deemed to be the frontage. Where there are 2 arterial roads, the
municipality shall determine the location of the frontage.
(*2)
For that portion of the building that exceeds 9.0 metres in height, an additional setback of 3.0 metres shall be
provided from the rear lot line for each storey or partial storey increment which is above 9.0 metres in height.
(*3)
Portions of buildings greater than 9.0 metres in height shall be set back an additional 3.0 metres from the rear lot
line.
(*4)
Portions of buildings greater than 10.6 metres in height shall be set back 9.0 metres from the rear lot line.
(*5)
1 storey = 5.6 metres (maximum)
Town of Newmarket Zoning By-law Consolidated August 2025 114
6.5
Employment Zones
No person shall use any land or erect, alter or use any building or
structure in any Employment Zone except in accordance with
Sections 6.5.1 and 6.5.2 of this By-Law.
6.5.1
Permitted Uses
The following table establishes the uses permitted in the Employment Zones:
Permitted Uses
Mixed Employment
Zone (EM)
General
Employment Zone
(EG)
Heavy
Employment Zone
(EH)
Accessory Outdoor
Storage (*1)
-
Accessory Retail Sales
Outlet
(*2)
(*3)
Adult entertainment
parlour (*6)
-
-
Banquet facility
-
Building Supply Outlet (*4)
(*5)
-
Bulk fuel depot
-
Commercial Recreation
Centre
-
Commercial School
-
Contractors Yard
-
Domestic Animal Care
Facility
-
-
Drive-Thru Facility
-
Emergency Service Facility
-
-
-
Financial Institution
-
Heavy Equipment Sales
and Service
-
-
Hotel
-
Laundromat
-
Light Equipment Sales and
Rental
-
-
Manufacturing
(*5)
-
Manufacturing , Light
-
-
-
Medical Office
-
Micro-Industrial Use
-
-
-
Motor Vehicle Service
Shop
-
-
-
Motor Vehicle Body Shop
-
Motor Vehicle Rental
Establishment
-
-
-
Motor Vehicle Sales
Establishment
-
Motor Vehicle Washing
Establishment,
-
Town of Newmarket Zoning By-law Consolidated August 2025 115
Permitted Uses
Mixed Employment
Zone (EM)
General
Employment Zone
(EG)
Heavy
Employment Zone
(EH)
Automated
Motor Vehicle Washing
Establishment,
Manual
-
Night Club (*7)
-
-
Office (*8)
-
-
Personal Service Shop
-
Personal Wellness
Establishment (*9)
-
Private Club
-
Public Storage Facility
-
-
Restaurant
-
-
-
Service or Repair Shop
-
-
-
Sports Arena
-
-
-
Studio
-
Transportation Depot
-
-
Veterinary Clinic
-
Veterinary Hospital
-
-
Warehouse
-
-
-
Wholesale Operations
-
-
(*1) Subject to 4.19.4 Accessory Outdoor Storage
(*2) May not exceed 40% of the GFA of the building in which it is located.
(*3) May not exceed 20% of the GFA of the building in which it is located.
(*4) Limited to a maximum GFA of 7,000 m2.
(*5) Permitted only within wholly enclosed buildings.
(*6) Deleted. (By-law 2018-50)
(*7)
A night club shall only be permitted in the General Employment (EG) and
Heavy Employment (EH) Zones that are located east of Leslie Street.
(*8)
Permitted as a principal use in the EM and EG zones. Within the EH zone, is
permitted only as an accessory use and shall not exceed 25% of the GFA of
the premises.
(*9)
Within the Mixed Employment (EM) Zone, Personal Wellness
Establishment shall only be permitted on lands shown in Schedule F:
Personal Wellness Establishment Permitted Areas.
Town of Newmarket Zoning By-law Consolidated August 2025 116
6.5.2
Zone Standards
The following table establishes the zone standards applicable to the
Employment Zones:
Zone Standard
Mixed Employment Zone
General
Employment
Zone
Heavy
Employment
Zone
(EM)
(EM)
(EG)
(EH)
Office Uses
All Other
Uses
Min. Lot Area
2787 m2
2787 m2
2787 m2
0.4 ha
Min. Lot Frontage
45.0 m
45.0 m
45.0 m
45.0 m
Min. Front Yard
12.0 m
12.0 m
12.0 m
12.0 m
Min. Rear Yard
12.0 m
12.0 m
12.0 m
12.0 m
Min. Side Yard
One Side
-
3.0 m
3.0 m
6.0 m
Other Side
-
6.0 m
6.0 m
6.0 m
Up to 9 metres in
Height
3.0 m
-
-
-
9.1 to 12 metres in
Height
6.7 m
-
-
-
12.1 to 15 metres
in Height
7.3 m
-
-
-
15.1 to 18 metres
in Height
7.9 m
-
-
-
Max. Lot Coverage
50%
50%
50%
50%
Max. Building
Height
18.0 m
(*1)/10.6 (*2)
(By-law 2012-74)
10.6 m
10.6 m
10.6 m
Max. Floor
Space Index
1.0 (*1)
-
-
-
0.4 (*2)
-
-
-
(*1)
Provided the office building is located on or abutting an Arterial Road or
Primary Collector as shown in the Official Plan.
(*2)
Applies to office buildings located on any road other than an Arterial Road
or Primary Collector as shown in the Official Plan.
Town of Newmarket Zoning By-law Consolidated August 2025 117
6.6
Institutional and Cemetery Zones
No person shall use any land or erect, alter or use any building or
structure in the Institutional Major (I-A), Institutional Minor (I-B) or
Cemetery (I-C) Zones except in accordance with Sections 6.6.1 and
6.6.2 of this By-Law.
6.6.1
Permitted Uses
The following table establishes the uses permitted in the Institutional
and Cemetery Zones:
Permitted Use
Major Institutional
Zone
Minor Institutional
Zone
Cemetery
Zone
(I-A)
(I-B)
(I-C)
Cemetery
-
Community Centre
-
Day Nursery
-
-
Emergency Service
Facility
-
Institutional Day
Centre
-
-
Library
-
-
Long Term Care
Facility
-
Museum
-
-
Place of Worship
-
-
Private Club
-
-
Retirement Residence
-
-
School, Elementary
-
-
School, Secondary
-
School, Post
Secondary
-
Sports Arena
-
Studio
-
-
Town of Newmarket Zoning By-law Consolidated August 2025 118
6.6.2
Zone Standards
The following table establishes the zone standards applicable
to the Institutional Major (I-A), Institutional Minor (I-B) or
Cemetery (I-C) Zones:
Zone Standard
Major
Institutional
Zone
Minor
Institutional
Zone
Cemetery
Zone
(I-A)
(I-B)
(I-C)
Min. Setback from
Front Lot Line (*1)
9.0 m
7.5 m
12.0 m
Min. Setback from
Side Lot Line (*1)
3.6 m
3.0 m
9.0 m
Min. Setback from
Rear Lot Line (*1)
9.0 m
7.5 m
9.0 m
Max. Floor Space
Index
1.5
1.5
-
Max. Building Height
22.0 m
18.0 m
1 Storey
Max. Lot Coverage
35%
35%
-
(*1)
For every 3.0 metre increment above 15 metres in height, these setback
requirements shall be increased by 1.2 metres.
6.7
Open Space Zones
No person shall use any land or erect, alter or use any building or
structure in the Open Space One (OS-1), Open Space Two (OS-
2), or Environmental Protection (OS-EP) Zones except in
accordance with Sections 6.7.1 and 6.7.2 of this By-Law.
6.7.1
Permitted Uses
The following table establishes the uses permitted in the Open
Space One (OS- 1), Open Space Two (OS-2), or Environmental
Protection (OS-EP) Zones:
Town of Newmarket Zoning By-law Consolidated August 2025 119
Permitted Use
Open Space Zone
Private Open Space
Zone
Environmental
Protection Open
Space Zone
(OS-1)
(OS-2)
(OS-EP)
Accessory Buildings
and Structures (*1)
-
-
-
Accessory
Refreshment
Pavilion
-
Community Centre
-
Conservation Use
-
-
-
Existing Golf Course
-
Park
-
-
Private Park
-
Outdoor Recreation
Facility
-
-
Recreational Trails
-
-
-
(*1)
Accessory Buildings and Structures are permitted in accordance with
Sections 4.1.2 and 6.7.2
6.7.2
Zone Standards
The following table establishes the zone standards applicable to
the Open Space One (OS-1), Open Space Two (OS-2), and
Environmental Protection (OS- EP) Zones:
Zone Standard
Open Space Zone
Private Open Space
Zone
Environmental
Protection Open
Space Zone
(OS-1)
(OS-2)
(OS-EP)
Min. Setback from
Front Lot Line
9.0 m
9.0 m
-
Min. Setback from
Side Lot Line
9.0 m
9.0 m
-
Min. Setback from
Rear Lot Line
9.0 m
9.0 m
-
Max. Lot Coverage
20%
20%
-
Max. Height
2 Storeys
2 Storeys
1 Storey
Town of Newmarket Zoning By-law Consolidated August 2025 120
6.8
Transitional Zone
No person shall use any land or erect, alter or use any building or
structure in any Transitional (TR) Zone except in accordance with
Sections 6.8.1 and 6.8.2 of this By-Law.
6.8.1
Permitted Uses
Only the existing uses of land and buildings or structures on
the date of the passing of this by-law may be continued but no new
uses, buildings or structures may be established or constructed.
6.8.2
Zone Standards
Lands within the Transitional (TR) Zone may upon application to
the Town be re-zoned to a specific zone provided such zone
conforms to the Official Plan of the Town of Newmarket.
Town of Newmarket Zoning By-law Consolidated August 2025 121
Section 7: Overlay Zones
7.1
Floodplain and Other Natural Hazards Zone
The Floodplain and Other Natural Hazards (FP-NH) Zone includes
lands that are subject to erosion, steep slopes, unstable soils as well
as flooding. The FP-NH Zone requirements are to be applied in
conjunction with the specified use(s) and established regulatory set
for the underlying zone(s). The provisions of the FP-NH Zone take
precedence over the underlying zone category requirements where
more restrictive.
No person shall use any land or erect, alter or use any building or
structure within the Floodplain and Other Natural Hazards (FP-NH)
Zone except in accordance with Sections 7.1.1, 7.1.2, and 7.1.3 of
this By-Law, and the applicable sections of this By-Law relating to
the underlying zone category(s).
7.1.1
Prohibited Uses
The following uses are not permitted within the Floodplain and Other
Natural Hazards (FP-NH) Zone as determined by the Lake Simcoe
Region Conservation Authority:
Group Home;
Special Needs Facility;
Accessory Dwelling Unit; and,
All other uses in accordance with Section 3.1.5 of the
Provincial Policy Statement, or its successor thereto.
7.1.2
Permitted Uses
The permitted uses shall be determined by the underlying zone for
all lands within the Floodplain and Other Natural Hazards (FP-NH)
Zone. Section 7.1.1 shall prevail where there is conflict with this
section.
7.1.3
Zone Standards
The applicable zone standards shall be determined by the underlying
zone(s) for all lands within the Floodplain and Other Natural Hazards
(FP-NH) Zone. In addition to underlying zone standards, the
regulations of the Lake Simcoe Region Conservation Authority may
restrict development and may be a pre- condition to development.
Town of Newmarket Zoning By-law Consolidated August 2025 122
Section 8: Special Provisions, Holding Provisions, Temporary Use
Zones, and Interim Control Zones
8.1
Special Provisions
Where the Zone symbol designating certain lands ends with a
dash and a number, (for example R1-A-1), there are special
provisions that apply to such lands. As indicated, the specified
provision shall be the applicable regulation rather than the normal
provision of that Zone category. All other normal Zone provisions
and sections shall continue to apply.
8.1.1
List of Exceptions
The following exceptions apply to the properties specified:
Exception
Zoning
Map
By-Law Reference
File Reference
1
CC-1; R4-N-1
11
1979-50, Schedule 'E'
i)
Location:
220, 222, 224, 226 Eagle Street; 278 to 290 Cawthra Boulevard
ii)
Legal Description: Lots 33. 47. 48 and 49, Registered Plan 344
iii)
Development Standards:
(a) Lot Area per Dwelling Unit (minimum):
111 m2
(b) Floor Space Index (maximum):
0.95
Exception
Zoning
Map
By-Law Reference
File Reference
2
OS-2-2
8
1981-96
i)
Location:
470 Crossland Gate
ii)
Legal Description: Block 92, Plan 65M-2212
iii)
Uses:
A Club House; Banquet Facilities; and, Private Indoor Recreation
Facilities shall also be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
3
R1-B-3
4
1983-41
i)
Location:
241 Old Main Street
ii)
Legal Description: Concession 1 E.Y.S., Part of Lot 98, 65R-11175
iii)
Additional Uses: A school for aquatic instruction is permitted in conjunction with a
residential use.
Town of Newmarket Zoning By-law Consolidated August 2025 123
Exception
Zoning
Map
By-Law Reference
File Reference
4
CO1-4
12
1983-71; 1988-138
i)
Location:
66 Prospect Street
ii)
Legal Description: Part of Lot 28, Plan 125
Uses: A maximum of 2 dwelling units in combination with an office shall also be permitted.
iii)
Development Standards:
(a) Parking Spaces (minimum): as approved by Council as part of an executed Site
Plan Agreement.
(b) Front Yard (minimum): 1.2m
iv)
Other:
(a) where a residential use is combined with an office use the minimum floor area of
a residential dwelling unit shall be 77m2.
Exception
Zoning
Map
By-Law Reference
File Reference
5
EG-5
19
1983-79; 1992-46
i)
Location: South east of Bayview Avenue and Newpark Boulevard; 550 Newpark
Boulevard
ii)
Legal Description: Part of Block 1, Plan 65M-2559
iii)
Development Standards:
(a) Siting Specifications: a minimum building setback of 45.0 metres shall be
maintained from the southernmost boundary of lands zoned EG-5.
Exception
Zoning
Map
By-Law Reference
File Reference
6
UC-D1-6
12
1984-92
i)
Location:
430, 436, 438, 440 and 442 Queen Street;
90, 92 and 96 Main Street South
ii)
Legal Description: Part of Lots 6, 29, 30 and 93, Plan 222
iii)
Uses:
Semi-detached, duplex, triplex and fourplex dwelling
units shall also be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 124
Exception
Zoning
Map
By-Law Reference
File Reference
7
UC-R-7
10
1984-147
i)
Location:
270 and 280 Davis Drive
ii)
Legal Description: Lot 2, Registered Plan 32
iii)
Development Standards:
(a) Building Height (maximum): 33mfor the most westerly building.
iv)
Other:
(a) The maximum number of buildings shall be two.
(b) The maximum number of dwelling units shall be 250.
Exception
Zoning
Map
By-Law Reference
File Reference
8
CO-1-8
12
1985-114; 1985-115; 1987-4
i)
Location:
471 Eagle Street
ii)
Legal Description: Part of Lots 1 and 2, 65R-1599
iii)
Uses:
A restaurant shall also be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
9
R1-D-9
6
1985-173
i)
Location:
multiple lots, 72-173 Grant Blight Crescent
ii)
Legal Description: Part of Block A on Plan M-67, being Bock 55 on 65M-2285
iii)
Development Standards:
(a) Building Height (maximum) 7.6m
(b) The maximum building height of the rear face of any building or structure or
portion thereof, including walkout basements, shall not exceed 2 storeys.
(c) Not more than two habitable storeys of any building or structure shall face the
rear yard.
Exception
Zoning
Map
By-Law Reference
File Reference
10
EM-10
11
1986-102
i)
Location:
515 Mulock Drive
ii)
Legal Description: Part of Lot 91, Concession 1 E.Y.S.
iii)
Uses:
Only an aluminum siding sales service and installation business
together with the retail sale of paint and wallpaper shall be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 125
Exception
Zoning
Map
By-Law Reference
File Reference
11
EG-11; EH-11
15
1986-117
i)
Location:
1166, 1186, 1230, 1250 Nicholson Road; 355 Harry Walker Parkway
South
ii)
Legal Description: Lots, 1, 2, 3, 4, 5 and Part of Lot 20 on 65M-2677
iii)
Development Standards:
(a) Building Height (maximum): 15m
Exception
Zoning
Map
By-Law Reference
File Reference
12
EG-12
15
1986-117; 1986-118
i)
Location:
1111, 1131, 1151-1271 Gorham Street; 225-345 Harry Walker
Parkway South; 1175, 1191, 1201, 1215, 1245, 1255 Nicholson
Road
ii)
Legal Description: Lots 10, 12-17, Block 29, Part of Lot 20 on 65M-2677;
Lots 2-10, 15-19 on 65M-2558
iii)
Development Standards:
(a) Building Height (maximum): 15 m
Exception
Zoning
Map
By-Law Reference
File Reference
12
EG-12
15
1986-117; 1986-118; 2020-
57
D14-NP20-10
i) Location: 1250 Gorham Street
ii) Legal Description: Part Lot 16, Plan 65M-2558, Town of Newmarket
iii) Notwithstanding any other provision of this by-law to the contrary, the following
provisions shall apply to the lands located at 1250 Gorham Street.
Uses permitted in addition to uses otherwise permitted by the EG Zone:
- Outdoor open storage
iv) Development Standards:
a) Building Height (maximum): 15 m
b) Rear yard building setback (south lot line): 2.0 m (minimum)
Exception
Zoning
Map
By-Law Reference
File Reference
13
CS-13
4
1987-18
i)
Location:
31 Main Street North (formerly 425 Agger Street)
ii)
Legal Description: Lot 3, Plan 11
iii)
Uses: Only an aluminum sales service and installation business and one dwelling unit
shall be permitted in the building that existed on the date of passing of this By- Law.
Town of Newmarket Zoning By-law Consolidated August 2025 126
Exception
Zoning
Map
By-Law Reference
File Reference
14
CC-14
19
1987-104
A28/94
i)
Location:
1034 Ivsbridge Boulevard
ii)
Legal Description: Lot 5, 65M-2776
iii)
Uses:
Two dwelling units accessory to the commercial uses, located
above the ground floor, and occupied by custodial staff or a
commercial tenant of the premises shall also be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
15
EM-15
15
1987-156
i)
Location:
1100 Gorham Street
ii)
Legal Description: Part of Lot 33, Concession 3 E.Y.S.; Part 22, Plan 65M-2558
iii)
Uses:
A beer store, liquor store, car radio sales and installation store,
and luxury bathroom and kitchen retail store and showroom
shall also be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
16
UC-D1-16
12
1988-7
i)
Location:
98 Main Street South
ii)
Legal Description: Part of Lot 6, Plan 222
iii)
Uses:
Only a parking lot shall be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
17
CO-1-17
4
1988-75
i)
Location:
23 Charlotte Street North, and 22 and 28 Main Street North
ii)
Legal Description: Lots 33 and 32, Plan 11; and, Part of Reserve, Plan 78
iii)
Uses:
A Retail Store is also permitted.
iv)
Other:
(a) The maximum gross floor area for retail uses is as established on the date of
passing of this By- Law.
Town of Newmarket Zoning By-law Consolidated August 2025 127
Exception
Zoning
Map
By-Law Reference
File Reference
18
CS-18
17
1988-131; 1989-222
i)
Location:
76, 92, 120, 130, 140 , 200, 220, 230 and 240 Mulock Drive;
570 and 572 Sandford Street
ii)
Legal Description: Part of Lot 90, Concession 1 E.Y.S.
iii)
Uses:
A Motor Vehicle Repair Facility and Motor Vehicle Service Shop is
also permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
19
CS-19
17
i)
Location:
190 Mulock Drive;
ii)
Legal Description: Part of Lot 90, Concession 1 E.Y.S.
iii)
Uses:
A Post Office is also permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
20
R1-B-20
14
1989-23
i)
Location:
multiple lots, 267-310 Jeff Smith Court
ii)
Legal Description: Part of Lot 33, Concession 2 E.Y.S.
iii)
Uses:
(a) A maximum of 20 Detached Dwelling Units;
(b) Accessory Residential Structures; and,
(c) One Home Occupation per each Detached Dwelling Unit shall be permitted.
iv)
Development Standards for Existing Structures:
(a) Existing Structure
Front, Rear and Side Yard: As established as of the date of passing of this By-Law.
(b) Required Yard for Accessory Residential Structure Encroachments
established after the date of passing of this By-Law:
Front Yard (minimum):
4.6m
Rear Yard (minimum):
7.5m
Side Yard (minimum):
7.5m
In no instance shall any encroachment be closer than 1.5m to the applicable lot
line.
Town of Newmarket Zoning By-law Consolidated August 2025 128
Exception
Zoning
Map
By-Law Reference
File Reference
21
R4-CP-21
18
1989-49
i)
Location:
multiple lots, 884-1021 Bray Circle/17756 Leslie Street
ii)
Legal Description: Part of Lot 2, Concession 2 E.Y.S.
iii)
Development Standards:
(a) Lot Frontage (minimum):
12m
(b) Front Yard (minimum):
160m
(c) Rear Yard (minimum):
107m
(d) Side Yard (minimum):
from any north side lot line:
30m
from any east side lot line:
20m
from any south side lot line:
7.6m
Exception
Zoning
Map
By-Law Reference
File Reference
22
CO-1-22
12
1989-70
i)
Location:
411 Queen Street
ii)
Legal Description: Lot 40, Plan 222
iii)
Uses:
A Day Nursery is also permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
23
EH-23
7
1989-72
i)
Location:
180-200 Pony Drive
ii)
Legal Description: Part of Lot 2, Concession 3 E.Y.S.
iii)
Uses:
The open storage of finished goods manufactured by a lawn-care
business only shall also be permitted.
Exception
24
Zoning
R3-L-24 ; R5-S-24
Map
12
By-Law Reference
1989-166
File Reference
i)
Location:
431 and 437 Timothy Street
ii)
Legal Description: Part of Lots 21, 22 and 23, Plan 222
iii)
Development Standards:
(a) Front Yard (minimum):
2.5m
Town of Newmarket Zoning By-law Consolidated August 2025 129
Exception
Zoning
Map
By-Law Reference
File Reference
25
UC-D2-25
12
1990-39
i)
Location:
446 Simcoe Street
ii)
Legal Description: Part of Lot 10, Registered Plan 78
iii)
Uses:
Only a parking lot shall be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
26
CS-26
4
1990-201
i)
Location:
40 Franklin Street
ii)
Legal Description: Lots 4 & 5, Registered Plan 11
iii)
Uses:
Only one residential building containing two dwelling units as
existing on the date of passing of this By-Law and an aluminum
sales service and installation business shall be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
27
CO-2-27
10
1991-58
i)
Location:
179 Eagle Street
ii)
Legal Description: Lots 24, Plan 437
iii)
Uses:
Only a Sole Medical Practitioner shall be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
28
R1-D-28
4
1992-64
i)
Location:
194, 198, 202, 206, 208, 210 Old Main Street
ii)
Legal Description: Lots 1, 2, 3, 4, 5, 65M-2945
iii)
Development Standards:
(a) Front Yard (minimum):
4.5m between a main wall of a dwelling and the road
allowance as widened together with a minimum of 6.0m (20.0 ft.) from the nearest
wall of any garage to the road allowance as widened.
Town of Newmarket Zoning By-law Consolidated August 2025 130
Exception
Zoning
Map
By-Law Reference
File Reference
29
R5-T-29
19
1992-165
i)
Location:
713-791 Stonehaven Avenue
ii)
Legal Description: Part of Lot 28, Concession 2, E.Y.S.; 65R-16724
iii)
Permitted Uses:
(a) A maximum of 135 dwelling units shall be permitted.
iv)
Development Standards:
(a) Front Yard, Townhouse dwelling (minimum):
5.5m
(b) Front Yard, Apartment Building (minimum):
5.2m
(c) Rear Yard (minimum) from the easterly 193.7m of the rear lot line shall
be 45 m for any residential building and shall be 5.6m for any non-
residential building.
(d) Rear Yard (minimum) from the westerly 140.2m of the rear lot line shall be
36.6m for any residential building.
Exception
Zoning
Map
By-Law Reference
File Reference
30
I-B-30
12
1993-4
i)
Location:
414 Ontario Street
ii)
Legal Description: Part of Lots 47 & 48, Registered Plan 222
iii)
Development Standards:
(a) Front Yard (minimum):
12.0m
(b) Building Height (maximum):
7.0m
(c) No parking area or driveway shall be permitted within the front yard.
(d) A Parking Area Buffer with a minimum width of 1.0m shall be permitted for the
southernmost 9.0m abutting the westerly property line.
(e) A Parking Area Privacy Fence having a minimum height of 1.8m shall be
provided abutting the westerly property line but shall not be required in the front
yard.
(f) No Parking Spaces will be required for the lands subject to this exception.
Town of Newmarket Zoning By-law Consolidated August 2025 131
Exception
Zoning
Map
By-Law Reference
File Reference
31
R2-J-31
9
1993-106
A30/99
i)
Location:
64-102 Enza Court; 378-437 Rita's Avenue
ii)
Legal Description: Part of Lot 92, Concession 1 W.Y.S.
iii)
Development Standards:
(a) Lot Area (minimum):
614m2
(b) Lot Frontage (minimum):
18.0m
(c) Side Yard (minimum):
1.2m
(d) Lot Coverage (maximum):
40%
(e) Setback from Exterior Side Lot Line (minimum):
4.5m
Exception
Zoning
Map
By-Law Reference
File Reference
32
OS-2-32
8
1993-145
i)
Location:
Glenway Country Club
ii)
Legal Description: Block 155, Plan 65M-2205; Blocks 142 & 144, Plan 65M-2261;
Blocks 120 & 121, Plan 65M-2262; Block 89, Plan 65M-2263;
Block 73, Plan 65M-2284.
iii)
Uses:
Banquet Facilities shall also be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
33
OS-2-33
19
1993-150
A13/85; A32/99
i)
Location:
601 Newpark Boulevard
ii)
Legal Description: Lots 24, Plan 437
iii)
Uses:
The following uses shall also be permitted:
-
Commercial Recreation Centre
-
Banquet Hall
-
Day Nursery
-
Place of Assembly
-
School, Elementary
-
School, Secondary
Town of Newmarket Zoning By-law Consolidated August 2025 132
Exception
Zoning
Map
By-Law Reference
File Reference
34
UC-P-34
4
1993-159 & 2011-25
i)
Location:
22 George St
ii)
Legal Description: Part of Lot 96, Concession 1 E.Y.S.
iii)
Development Standards:
(a) Lot Area Per Dwelling Unit (minimum):
39m2
(b) Floor Space Index (maximum):
2.8
(c) Building Height (maximum):
12 storeys
(d) Maximum Dwelling Units:
115
(e) A Parking Area Buffer not less than 1.5m wide shall be provided around the
periphery of the parking area in the front and side yards.
iv)
The following replaces Section 5.3.1 Parking Lot Location requirements:
(a) Parking spaces are permitted within the front yard not less than 1.5m from the
front lot line.
(b) Parking spaces are permitted to locate not less than 1.5m from any side lot line.
Exception
Zoning
Map
By-Law Reference
File Reference
35
R2-K-35
19
1994-48
i)
Location:
Southeast of Bayview Avenue and Mulock Drive
ii)
Legal Description: Part of Lot 30, Concession 2 E.Y.S.
iii)
Development Standards:
(a) Lot Area (minimum):
417m2
(b) Lot Frontage (minimum):
13.7m
(c) Front Yard (minimum):
6.75m
(d) Rear Yard (minimum):
6.75m
(e) Side Yard (minimum):
1.2m
(f) Setback from Exterior Side Lot Line (minimum):
4.2m
(g) Floor Area, Per Unit (minimum):
97.5m2
(h) Building Height (maximum):
10.6m
(i) Lot Coverage (maximum):
42%
Town of Newmarket Zoning By-law Consolidated August 2025 133
Exception
Zoning
Map
By-Law Reference
File Reference
36
R2-K-36
19
1994-48
i)
Location:
Southeast of Bayview Avenue and Mulock Drive
ii)
Legal Description: Part of Lot 30, Concession 2 E.Y.S.
iii)
Development Standards:
(a) Lot Area (minimum):
400m2
(b) Lot Frontage (minimum):
18.3m
(c) Front Yard (minimum):
3.5m
(d) Front Yard to Garage (minimum):
6.0m
(e) Rear Yard (minimum):
6.5m
(f) Side Yard (minimum):
1.2m
(g) Setback from Exterior Side Lot Line (minimum):
4.2m
(h) Floor Area, Per Unit (minimum):
97.5m2
(i) Building Height (maximum):
10.6m
(j) Lot Coverage (maximum):
42%
Town of Newmarket Zoning By-law Consolidated August 2025 134
Exception
37
Zoning
R4-M-37
Map
19
By-Law Reference
1994-48
File Reference
i)
Location:
Southeast of Bayview Avenue and Mulock Drive
ii)
Legal Description: Part of Lot 30, Concession 2 E.Y.S.
iii)
Development Standards:
(a) Lot Area (minimum):
800m2
(b) Lot Frontage (minimum):
20.0m
(c) Front Yard (minimum):
16.0m
(d) Rear Yard (minimum):
6.0m
(e) Interior Side Yard (minimum):
1.8m
(f) Setback from Exterior Side Lot Line (minimum):
4.8m
(g) Floor Area, Entire Structure (minimum):
334m2
(h) Floor Area, Per Unit (minimum):
83.5m2
(i) Building Height (maximum):
10.6m
(j) Lot Coverage (maximum):
50%
iv)
Driveway Standards:
(a) Driveway Width (minimum):
2.75m
(b) Driveway Width (maximum):
3.0m
(c) A maximum of 1 driveway shall be permitted for each dwelling unit.
(d) No driveway shall be located within 1.5m of any lot line and the minimum
separation between driveways shall be 3.0m.
(e) No driveway shall be located any closer than 4.5m to the main wall of any
building.
Exception
Zoning
Map
By-Law Reference
File Reference
38
CS-38
11
1994-98
i)
Location:
17065 Yonge Street
ii)
Legal Description: Part of Lots 34, 35, 36, 37, 38, Registered Plan 359.
iii)
Uses:
Only a Parking Area/Lot and associated landscaping used in
conjunction with the existing automobile dealership to the west shall be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 135
Exception
Zoning
Map
By-Law Reference
File Reference
39
OS-2-39
18
1995-32
i)
Location:
Rear portions of 136, 140, 146, 152, 158, 164, 180, 184 Pinnacle
Trail, Aurora
ii)
Legal Description: Blocks 171-178, 65M-3069
iii)
Uses:
Garden sheds, gazebos and swimming pools shall also be permitted.
iv)
Development Standards:
(a) Side Yard (minimum):
1.0m
(b) Rear Yard (minimum):
1.0m
Exception
Zoning
Map
By-Law Reference
File Reference
40
OS-1-40
18
1995-32
i)
Location:
Rear portion of 172 Pinnacle Trail, Aurora
ii)
Legal Description: Block 179, 65M-3069
iii)
Additional Uses: Garden sheds, gazebos and swimming pools shall also be permitted.
iv)
Development Standards:
(a) Side Yard (minimum):
1.0m
(b) Rear Yard (minimum):
1.0m
Exception
Zoning
Map
By-Law Reference
File Reference
41
CO-1-41
17
1996-114
i)
Location:
16441 Yonge Street
ii)
Legal Description: Part of Lot 88, Concession 1 E.Y.S.
iii)
Development Standards:
(a) North Side Yard (minimum):
3.6m
(b) Building Height (maximum):
1 storey
(c) Lot Coverage (maximum):
10%
(d) No driveway access onto Shanahan Boulevard shall be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 136
Exception
Zoning
Map
By-Law Reference
File Reference
42
R4-CP-42
9
1997-151
i)
Location:
193-264 Tom Taylor Crescent
ii)
Legal Description: York Region Condominium Plan 1102
iii)
Permitted Uses:
(a) A maximum of 70 dwelling units shall be permitted.
iv)
Development Standards:
(a) Lot Frontage (minimum):
11.0m
(b) Lot Frontage, Common or Private Road (minimum):
5.5m per dwelling unit
(c) Rear Yard (minimum):
3.0m
(d) Building Separation (minimum):
3.0m
(e) The rear building wall, or the back edge of rear yards, for dwelling units which
are closest to the easterly property line shall not face Yonge Street.
(f) Building Height (maximum):
12.0m
(g) Site Plan Control shall be enacted to address, in addition to all normal and
usual matters, specifically the following:
-
ingress and egress;
-
appropriate barriers, fencing, landscaping and/or berming to ensure
compatibility between the proposed development and adjacent lands;
-
security and privacy issues;
-
provision of detailed landscaping and architectural plans
compatible with and complementary to adjacent lands;
-
site specific prohibitions on construction timing;
-
construction fencing; and,
-
protection of the root systems of significant vegetation on adjacent properties.
Exception
Zoning
Map
By-Law Reference
File Reference
43
R4-CP-43
18
1998-46
i)
Location:
400-450 Morley Cook Crescent
ii)
Legal Description: York Region Condominium Plan 971
iii)
Uses: Semi-Detached Dwellings and Townhouse Dwellings shall be permitted.
iv)
Parking Space Requirements:
(a) Garage spaces per dwelling unit (minimum):
2
(b) Number of visitor parking spaces (minimum):
18
Town of Newmarket Zoning By-law Consolidated August 2025 137
Exception
Zoning
Map
By-Law Reference
File Reference
44
R1-D-44
18
1998-46
i)
Location:
942 and 943 Shadrach Drive
ii)
Legal Description: Lots 81 and 82, 65M-3087
iii)
Development Standards:
(a) Front Yard (minimum):
7.5m
(b) Setback from rear lot line or point of side lot line convergence (minimum): 20.0m
(c) East Side Yard (minimum):
3.0m
(d) West Side Yard (minimum):
1.35m
(e) Building Height (maximum):
9.0m
(f) East Side Yard shall be used only for landscaping.
Exception
Zoning
Map
By-Law Reference
File Reference
45
OS-2-45
5
1999-62
i)
Location:
160 Bayview Parkway
ii)
Legal Description: Part of Lot 97, Concession 1 E.Y.S.
iii)
Uses:
A Garden Centre; Banquet Hall up to 929 m2; and, a coffee shop
accessory to the Garden Centre, shall also be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 138
Exception
46
Zoning
R1-F-46
Map
18
By-Law Reference
2000-2
File Reference
NP-A-99-23
i)
Location:
Southwest of Bayview Avenue and Mulock Drive; McBean
Avenue and Pelletier Court
ii)
Legal Description: Lots 1-88, 65M-3463
iii)
Development Standards:
(a) Lot Area (minimum):
255m2
(b) Lot Frontage (minimum):
7.5m
(c) Front Yard (minimum):
4.5m
(d) Rear Yard (minimum):
6.0m
(e) Side Yard (minimum), one side:
1.2m
other side:
0.3m
(f) Building Separation (minimum):
1.5m
(g) Lot Coverage (maximum):
45%
(h) Steps; enclosed porch, covered or uncovered shall be permitted to
encroach 1.5m into the required front yard or exterior side yard.
(i) The minimum driveway length shall be 10.0m where a garage door is segmented,
and 11.2m for all non-segmented garage doors. The driveway length shall be
measured from the sidewalk edge closest to the dwelling or structure on the lot
to the front wall of the garage. Where there is no sidewalk, the minimum driveway
length shall be measured from the curb to the front wall of the garage.
(j) The minimum driveway width shall be 3.0m and the maximum driveway width
shall be 3.75m but in no case shall the width of the driveway exceed 50% of the
width of the required lot frontage.
(k) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 3.0m from the lot line of the flanking street, and
further no part of any attached garage facing the exterior side yard shall be
constructed in a distance of less than 7.0m from the lot line of the flanking street.
Town of Newmarket Zoning By-law Consolidated August 2025 139
Exception
47
Zoning
R1-E-47
Map
16
By-Law Reference
2000-115; 2003-58; 2004-40
File Reference
NP-A-98-11
i)
Location:
South of Sawmill Valley Drive
ii)
Legal Description: Part of Lot 89, Concession 1 W.Y.S.
iii)
Development Standards:
(a) Lot Area (minimum):
330m2
(b) Lot Frontage (minimum):
12.0m
(c) Front Yard (minimum):
4.5m
where there is no adjacent sidewalk:
3.5m
(d) Rear Yard (minimum):
7.0m
(e) Side Yard (minimum), one side:
0.6m
other side:
1.2m
(f) Building Separation (minimum):
1.8m
(g) Floor Area (minimum):
110m2
(h) Lot Coverage (maximum)
For buildings up to 7.5m in height:
53%
For buildings greater than 7.5m in height:
47%
(i) Building Height (maximum):
11.0m
(j) Garage Separation (minimum):
1.2m
(k) Driveway width (maximum):
6.1m
but in no case shall the width of the driveway exceed 50% of the width of the
lot's frontage. Where the driveway is a mutual driveway the maximum width
shall not exceed 50% of the width of the lot's frontage.
(l) No driveway shall be located closer than 0.6m from the interior lot line, unless a
mutual driveway where the required setback shall be nil.
(m) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, intersected by such driveway shall be
6.0m.
(n) An unenclosed porch, covered or uncovered shall be permitted to
encroach 1.5m into the required front yard and/or exterior side yard.
(o) Porch steps shall be permitted to encroach 2.7m into the required front yard
and 1.5m into the required exterior side yard.
(p) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 3.0m from the lot line of the flanking street,
and further where any driveway and/or garage faces the exterior side yard,
the minimum driveway length provisions shall apply from the flanking street.
Town of Newmarket Zoning By-law Consolidated August 2025 140
Exception
47
Zoning
R1-E-47
Map
16
By-Law Reference
2000-115; 2003-58; 2004-40
File Reference
NP-A-98-11
(q) Where a residential lot is a corner lot with frontage or flankage on a local
road as well as a collector road, driveway access to said residential lot shall
be from the local road, unless otherwise approved by the Town of
Newmarket.
(r) Ground mounted satellite dishes, central air conditioners and/or heat pumps
shall only be permitted in the rear yard, subject to a minimum setback of 4.5m
from the rear lot line, a minimum setback of 1.2m from any interior side lot
line and a minimum setback of 3.0m from any other lot line.
Exception
48
Zoning
R5-S-48
Map
12
By-Law Reference
2000-159
File Reference
NP-A-00-43
i)
Location:
South of Timothy Street, west of Main Street South
ii)
Legal Description: Parts 2 and 3, 65R-13613
iii)
Development Standards:
(a) Front Yard (minimum):
6.0m
(b) Rear Yard, to north lot line (minimum):
1.57m
(c) Rear Yard, to south lot line (minimum):
3.0m
(d) Side Yard (minimum)
2.66m
(e) Setback from flankage wall of any building to internal road:
1.58m
(f) Floor Area per unit (minimum):
83.5m2
(g) Building Height (maximum):
15.24m
(h) Lot Coverage (maximum):
40%
(i) Terraces being described as open, uncovered, raised structures similar to an
uncovered, raised deck, shall be permitted to encroach a maximum of 3.0m into the
minimum setback to the internal road.
Town of Newmarket Zoning By-law Consolidated August 2025 141
Exception
Zoning
Map
By-Law Reference
File Reference
49
R3-K-49
13
2002-17
NP-A-00-36
i)
Location:
137 Prospect Street
ii)
Legal Description: Lot 7, Part of Lot 8, Plan 22.
iii)
Uses:
(a) A Group Home with a:
Professional/Supervisory Staff (maximum):
2
Residents under care or supervision (maximum):
16
shall also be permitted.
iv)
Development Standards:
(a) Front Yard (minimum):
2.7m
(b) Rear Yard (minimum):
54.0m
(c) Side Yard (minimum), on one side:
3.5m
on the other side:
4.5m
(d) Ground Floor Area (maximum):
270m2
(e) Building Height (maximum):
7.5m
(f) Lot Coverage (maximum):
25%
(g) Parking space requirement (minimum):
4
(h) A minimum rear yard setback of 60.0m shall be required for any parking area.
Exception
Zoning
Map
By-Law Reference
File Reference
50
CS-50
11
2002-92
NP-A-02-19
(e) Exterior lighting adjacent to any residential zone shall be directed downwards
and away from any residential buildings.
8.5m
35.0m
1.5m
3.0m
3.0m
3.0m
Legal Description: Part of Lot 91, Concession 1 E.Y.S.
Development Standards:
(a) Side Yard, east (minimum):
(b) Rear Yard (minimum):
(c) Vehicle Storage and Display
setbacks: Westerly side lot line
Easterly side lot line
Front lot line
Rear lot line
(d) All roof mounted air handling equipment shall be adequately
screened.
87 Mulock Drive
Location:
i)
ii)
iii)
Town of Newmarket Zoning By-law Consolidated August 2025 142
Exception
51
Zoning
UC-R-51
Map
10
By-Law Reference
2002-126; OMB Decision
#0323
File Reference
NP-A-01-56; OMB
PL021086
i) Location:
212 Davis Drive
ii) Legal Description: Part of Lot 4, Plan 32
iii) Uses:
Stacked Houses shall also be permitted.
iv) Stacked Townhouses shall be regulated in accordance with the following
development standards:
(a) Lot Area per Dwelling unit (minimum):
92.0 m2
(b) No more than 10 units shall be permitted to have a minimum floor area of 36.0 m2 or
less.
(c) Front Yard (minimum):
6.0 m
(d) Front Yard (maximum):
not applicable
(e) Rear Yard (minimum):
8.32 m
(f) Side Yard (minimum) for the southerly most building:
4.4 m
(g) A stairwell is permitted to encroach 1.4 m into the east side yard for the southerly
most building.
(h) Building Height (maximum):
12.7 m
(i) Building Separation (minimum):
2.6 m
(j) No loading spaces shall be required.
(k) An underground parking driveway ramp shall not require a landscaped buffer and
may be located adjacent (0.0 m) from the west lot line.
(l) A parking lot including for visitors parking may be located not less than 1.5 m
from the west lot line.
(m) A minimum west side yard landscaped buffer area of 1.58m is permitted for a
parking area.
(n) All other provisions pertaining to the R4-N Zone shall apply.
Town of Newmarket Zoning By-law Consolidated August 2025 143
Exception
Zoning
Map
By-Law Reference
File Reference
52
UC-D2-
52
12
2002-128; OMB Decision
#1278
NP-P-01-18; OMB
PL021085
i)
Location:
31 Superior Street
ii)
Legal Description: Lots 1, 2, 3, 4, Part of Block B, East Side of Superior Street,
Registered Plan 78; Part 1, 65R-16713
iii)
Uses:
(a) A Garden Centre; live-work units; and, an automobile rental office, with up to 20
rental automobiles on site provided that the storage of automobiles is limited to
the southerly portion of the property south of Simcoe Street and the area for
storing automobiles is appropriately screened from view from the residential
properties to the west, shall also be permitted.
(b) Outdoor storage of soil, fertilizer, planting materials and similar interests and
equipment normally associated with and accessory to the gardening or
landscaping use located on the same site shall be permitted as accessory to a
garden centre provided such outdoor storage shall occur in the rear yard.
(c) Outdoor storage of salt and heavy landscaping or construction equipment
such as bulldozers, backhoes, loaders and road graders shall not be permitted.
(d) Residential uses are also permitted in accordance with the R4-N and R5-S Zone
requirements.
(e) A motor vehicle sales establishment or area, department store, a funeral
home, a supermarket, a taxi stand and a community centre shall not be
permitted.
(f) No residential or institutional use is permitted on lands that are within the
regulated floodplain limits without the prior approval of the Lake Simcoe Region
Conservation Authority.
iv)
Development Standards:
(a) Building Height (maximum):
3 storeys
(b) Where a building is to be used for residential purposes, a setback of 30.0m from
the east lot line shall apply.
(c) Live-work units may include a dwelling unit that is also used for work
purposes, provided only the resident or residents of such dwelling unit work in
the dwelling unit.
Town of Newmarket Zoning By-law Consolidated August 2025 144
Exception
Zoning
Map
By-Law Reference
File Reference
53
OS-2-53
14
2002-167
NP-A-01-04
i)
Location:
North-east of Terry Carter Crescent
ii)
Legal Description: North-east of Block 29577, YRCP No. 1049.
iii)
Uses:
No buildings or structures shall be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
54
CO-1-54
5
2003-41
NP-A-02-67
i)
Location:
23 Bolton Avenue
ii)
Legal Description: Lot 8, Plan 91
iii)
Uses:
A Personal Service Shop shall also be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
55
CO-2-55
16
2003-42
NP-A-02-69
i)
Location:
16604 Yonge Street
ii)
Legal Description: Part of Lot 90, Concession 1 W.Y.S.
iii)
Development Standards:
(a) Side Yard (minimum), on one side:
1.2m
(b) on the other side:
2.0m
(c) Parking Area setbacks:
Rear Yard (west) setback:
0.5m
Side Yard (north) setback:
nil
Side Yard (south) setback:
2.4m
(d) Parking Area Buffer Specifications:
Between Commercial and (west) Residential lands:
0.5m
Between Commercial and (south) Residential lands
2.4m
(e) A 1.8m opaque fence shall not be required for the purposes of Landscape Buffers
for Parking Lots along the westerly lot line.
Exception
Zoning
Map
By-Law Reference
File Reference
56
EG-56
15
2004-72
NP-A-04-15
i)
Location:
395 Harry Walker Parkway South
ii)
Legal Description: Lot 19, Plan 65M-2677; Part of Lot 31, Concession 3 E.Y.S.
iii)
Uses:
The processing of source separated organic waste within a wholly
enclosed building shall also be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 145
Exception
Zoning
Map
By-Law Reference
File Reference
57
(H)UC-
R-57
16
1987-101; 2004-152
NP-A-04-14
i)
Location:
16686 Yonge Street
ii)
Legal Description: Part of Lot 90, Concession 1 W.Y.S.
iii)
(H)UC-R-57 Uses
The following uses shall be permitted while the '(H)' prefix is in place:
(a) Art gallery
(b) Accessory Uses, including related Retail and a Picture Framing Studio;
(c) Office; and,
(d) 1 Dwelling Unit.
iv)
UC-R-57 Uses
The following uses shall be permitted upon the removal of the '(H)' prefix:
(a) As per Section 6.4.1 relating to the UC-R Zone.
v)
(H)UC-R-57 Development Standards
The following regulations shall apply while the '(H)' prefix is in place:
(a) No extension or enlargement of the uses or structures that existed on
September 13, 2004 shall occur unless an Amendment to this By-Law or a By-
Law to remove the '(H)' prefix in accordance with the relevant Holding Provision
section is enacted and comes into full force and effect.
vi)
UC-R-57 Development Standards
The following regulations shall apply upon the removal of the '(H)' prefix:
(a) A Parking Area Entrance/Exit driveway shall have a minimum width at the street
line of 7.1m.
(b) A northerly rear yard of 1.5m is permitted for the existing structure.
Town of Newmarket Zoning By-law Consolidated August 2025 146
Exception
Zoning
Map
By-Law Reference
File Reference
58
R1-E-58
19
2004-212
NP-A-04-76; A20/2008
i)
Location:
Northwest of Quaker Trail and Kingsmere Avenue
ii)
Legal Description: Lots 1 to 25, 65M-4022
iii)
Development Standards:
(a) Front Yard (minimum):
6.0m
(b) Rear Yard (minimum):
7.0m
(c) Side Yard (minimum):
1.2m
(d) Floor Area (minimum):
110m2
(e) Building Height (minimum):
11.0m
(f) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 3.0m from the lot line of the flanking street,
and further where any driveway and/or garage faces the exterior side yard,
the minimum driveway length provisions shall apply from the flanking street.
(g) Ground mounted satellite dishes, central air conditioners and/or heat pumps
shall only be permitted in the rear yard, subject to a minimum setback of 4.5m
from the rear lot line, a minimum setback of 1.2m from any interior side lot line
and a minimum setback of 3.0m from any other lot line.
Exception
Zoning
Map
By-Law Reference
File Reference
59
R1-C-59
19
2004-212
NP-A-04-76
i)
Location:
Southwest of Quaker Trail and Kingsmere Avenue
ii)
Legal Description: Lots 26 to 34, Blocks 35 & 36, 65M-4022
iii)
Development Standards:
(a) Front Yard (minimum):
6.0m
(b) Rear Yard (minimum):
21.0m
(c) Floor Area (minimum):
120m2
(d) Building Height (minimum):
11.0m
Town of Newmarket Zoning By-law Consolidated August 2025 147
Exception
Zoning
Map
By-Law Reference
File Reference
60
R1-D-60;
R1-E-60
19
2004-212
NP-A-04-76
i)
Location:
Fernbank Road and Nellie Little Crescent
ii)
Legal Description: Lots 36 to 126, 65M-3942
iii)
Development Standards:
(a) Front Yard (minimum):
6.0m
(b) Rear Yard (minimum):
7.0m
(c) Lot Coverage (maximum):
45%
Exception
Zoning
Map
By-Law Reference
File Reference
61
OS-2-61
19
2004-212
NP-A-04-76
i)
Location:
South and east of Nellie Little Crescent; south of Quaker Trail.
ii)
Legal Description: Portions of most southerly and easterly lots on 65M-4022.
iii)
Uses: Only permitted use is as a landscaped buffer and no buildings or structures shall
be permitted.
Exception
62
Zoning
CR-1-62
Map
15
By-Law Reference
2005-4; OMB Decision
#1869
File Reference
NP-A-03-12; OMB
PL031191
i)
Location:
17205, 17215, 17235, 17255, 17275 Leslie Street
ii)
Legal Description: Blocks 2 and 3, 65M-3871
iii)
Development Standards, Office Building:
(a) Height (maximum):
6 storeys
(b) Floor Space Index (maximum):
1.5
iv)
Development Standards, Supermarket/Food Store:
(a) Height (maximum):
8.0m
(b) Gross Floor Area (maximum):
4200m2
v)
Development Standards:
(a) 3 entrance and exit driveway s for automobile traffic and not more than 1 additional
entrance and exit for service vehicles shall be permitted.
(b) A 6.0m buffer area shall be required for no other purpose than landscaping along
Leslie Street except for entrance and exit driveways, and an opaque fence shall not
be required.
(c) The lands will be treated as one parcel for Zoning By-Law regulation purposes,
notwithstanding any division of lands into separate lots.
Town of Newmarket Zoning By-law Consolidated August 2025 148
Exception
Zoning
Map
By-Law Reference
File Reference
63
CO-2-63
11
2005-13
NP-A-04-28
i)
Location:
330 Eagle Street
ii)
Legal Description: Lot 6 and Part of Lot 7, Plan 85.
iii)
Uses:
Only a non-medical related office shall be permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
64
CO-2-64
10
2005-50
NP-A-04-81
i)
Location:
105 Eagle Street
ii)
Legal Description: Part of Lot 3, Plan 49.
iii)
Uses:
Only a non-medical related office shall be permitted.
Exception
65
Zoning
EG-65
Map
18
By-Law Reference
2005-58
File Reference
NP-A-04-78
i)
Location:
16650 Bayview Avenue; 599 Steven Court
(As per Section 3, Steven Court shall be considered the front lot
line until such time as the lot, as existing on the date of the
passing of this By-Law, legally reconfigures otherwise.)
ii)
Legal Description: Lot 11, 65M-2121
iii)
Uses:
Accessory Open Storage with a maximum area of 1,200m2 shall also be permitted.
iv)
Development Standards:
(a) A Bayview Avenue undivided entrance/exit driveway with an 11.0m minimum
width at the street line shall be permitted.
(b) A Steven Court undivided entrance/exit driveway with a 13.0m minimum width at
the street line shall be permitted.
(c) A private transformer projecting 7.4m into the rear yard shall be permitted.
(d) The concrete ramp, existing as of the date of the passing of this By-Law, shall be
permitted to have a minimum front yard setback of 3.0m at its closest.
(e) The structure adjacent to Steven Court, existing as of the date of the passing of
this By-Law, shall be permitted to have a minimum front yard setback of 4.6m at
its closest.
Town of Newmarket Zoning By-law Consolidated August 2025 149
Exception
Zoning
Map
By-Law Reference
File Reference
66
CO-2-66
12
2005-146
NP-A-05-08
i)
Location:
130 Prospect Street
ii)
Legal Description: Lot 11, Plan 50
iii)
Uses:
A Financial Institution; Sole Medical Practitioner; and, Office, Conversion, shall
only be permitted in combination with a residential unit with a floor area not less than
47.0m2 provided that the above commercial uses shall be restricted to the ground
floor.
Exception
Zoning
Map
By-Law Reference
File Reference
67
CO2-67
11
2005-162
i)
Location:
284 and 290 Eagle Street
ii)
Legal Description: Part of Lots 24 and 25, Plan 446.
iii)
Uses:
Storage uses and music lessons shall also be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 150
Exception
68
Zoning
R1-E-68
Map
1
By-Law Reference
2006-39
File Reference
NP-A-03-47
i)
Location:
North side of Aspenwood Drive, west of Woodspring Avenue
ii)
Legal Description: Part of Lot 99, Concession 1 W.Y.S.
iii)
Development Standards:
(a) Lot Area (minimum):
n/a
(b) Lot Frontage (minimum):
13.7m
(c) Lot Depth (minimum):
24.5m
(d) Front Yard (minimum)
without sidewalk:
4.5m
with sidewalk:
3.5m
(e) Rear Yard (minimum):
7.0m
(f) Interior Side Yard (minimum)
on one side:
0.6m
on the other side:
1.2m
(g) Building Separation (minimum):
1.8m
(h) Lot Coverage (maximum):
n/a
(i)
Driveway Width (maximum):
6.1m
(j)
Porch Step Encroachment into
required front yard:
2.7m
required side yard:
1.5m
(k) No part of any main building shall be constructed in the exterior side yard
or rear yard a distance of less than 3.0m from the lot line of the flanking
street, and further where any driveway and/or garage faces the exterior
side yard the minimum driveway length provisions shall apply from the
flanking street.
(l)
Where a residential lot in a R1-E-68 Zone is a corner lot with frontage or
flankage on a local road as well as a collector road, driveway access to said
residential lot shall be from the local road, unless otherwise approved by the
Town of Newmarket.
(m) Ground mounted satellite dishes, central air conditioners and/or heat
pumps shall only be permitted in the rear yard, subject to a minimum
setback of 4.5m from the rear lot line, a minimum setback of 1.2m from any
interior side lot line and a minimum setback of 3.0m from any other lot line.
Town of Newmarket Zoning By-law Consolidated August 2025 151
Exception
69
Zoning
R1-F-69
Map
1
By-Law Reference
2006-39
File Reference
NP-A-03-47
i)
Location:
North side of Aspenwood Drive, west of Woodspring Avenue
ii)
Legal Description: Part of Lot 99, Concession 1 W.Y.S.
iii)
Development Standards:
(a) Lot Area (minimum):
n/a
(b) Lot Frontage (minimum):
11.0m
(c) Lot Depth (minimum):
24.5m
(d) Front Yard (minimum)
without sidewalk:
4.5m
with sidewalk:
3.5m
(e) Rear Yard (minimum):
7.0m
(f) Interior Side Yard (minimum)
on one side:
0.6m
on the other side:
1.2m
(g) Building Separation (minimum):
1.8m
(h) Lot Coverage (maximum):
n/a
(k) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 3.0m from the lot line of the flanking street,
and further where any driveway and/or garage faces the exterior side yard
the minimum driveway length provisions shall apply from the flanking street.
(l) Where a residential lot in a R1-F-69 Zone is a corner lot with frontage or flankage
on a local road as well as a collector road, driveway access to said residential lot
shall be from the local road, unless otherwise approved by the Town of
Newmarket.
(m) Ground mounted satellite dishes, central air conditioners and/or heat pumps
shall only be permitted in the rear yard, subject to a minimum setback of 4.5m
from the rear lot line, a minimum setback of 1.2m from any interior side lot
line and a minimum setback of 3.0m from any other lot line.
6.1m
2.7m
1.5m
(i) Driveway Width (maximum):
(j) Porch Step Encroachment into
required front yard:
required side yard:
Town of Newmarket Zoning By-law Consolidated August 2025 152
Exception
Zoning
Map
By-Law Reference
File Reference
70
I-B-70
13
2006-68
NP-A-04-35
i)
Location:
17200 and 17210 Leslie Street
ii)
Legal Description: Lots 77 and 76, Plan 443, except Part 6, 65R-16444
iii)
Uses:
Only a Long Term Care Facility shall be permitted.
iv)
Development Standards:
(a) Front Yard (minimum):
7.5m
(b) Rear Yard (minimum):
9.0m
(c) East Side Yard (minimum):
4.8m
(d) West Side Yard (minimum):
18.0m
(e) Floor Space Index (maximum):
1.3
(f) Building Height (maximum):
14.4m (4 storeys)
(g) Lot Coverage (maximum):
35%
(h) Parking Area Two-Way Aisle Width (minimum):
6.2m
(i) Parking Requirements (minimum):
23 spaces
(j) A strip of land not less than 3 metres wide around the periphery of the parking
area, with the exception of the maneuvering portion of the parking area on the
south side that shall be located not less than 2.2metres, and within the lot on
which the parking area is located shall be permitted and not be used for any
purpose other than landscaping.
Exception
Zoning
Map
By-Law Reference
File Reference
71
EM-71
15
2006-115
NP-A-06-12
i)
Location:
16915, 16945 and 16975 Leslie Street
ii)
Legal Description: Parts 1, 2, 3, 4, 65R-29658; Parts 1, 2, 3, 65R-29526
iii)
Additional Uses: Retail Stores shall also be permitted.
iv)
Development Standards:
(a) Any single retail use shall have a gross floor area maximum of 465 m2.
Town of Newmarket Zoning By-law Consolidated August 2025 153
Exception
72
Zoning
R1-E1-72
Map
2
By-Law Reference
2006-128
File Reference
NP-A-04-74
i)
Location:
Generally northeast of Davis Drive West and Bathurst Street
ii)
Legal Description: Lots 61-63, 77, 90, 91, 106, 107, 120, 121, 132-134, 146, 151-154,
166, 167, 170, 179, 210, 230, 233,238, 243-246, 248-262, 277-279, 289, 290, 307, 65M-4045
iii)
Development Standards:
(a) Lot Area (minimum):
n/a
(b) Lot Frontage (minimum):
13.7m
(c) Lot Depth (minimum):
24.5m
(d) Front Yard (minimum):
3.5m
(e) Rear Yard (minimum):
7.0m
(f) Interior Side Yard (minimum)
on one side:
0.6m
on the other side:
1.2m
(g) Building Separation (minimum):
1.8m
(h) Exterior Side Yard (minimum):
2.4m
(i) Floor Area (minimum):
110.0m2
(j) Building Height (maximum):
11.0m
(k) Lot Coverage (maximum):
n/a
(l) Garage and Driveway Width (minimum):
2.9m
(m) Garage and Driveway Width (maximum):
6.1m
but in no case shall the driveway width exceed 50% of the required lot
frontage.
(n) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, interested by such driveway shall be 6.0
metres.
(o) Permitted Encroachments:
An unenclosed porch, covered or uncovered, and with or without a foundation or
basement area, and/or steps, shall be permitted to encroach 2 metres into the
required front yard and 1.5 metres into the required exterior side yard. In addition,
bay or box windows with or without a foundation shall be permitted to encroach up to
2 metres into the front yard, rear yard, or exterior side yard.
Where the interior side lot lines are not parallel, an unenclosed porch, covered or
uncovered, and with or without a foundation or basement area, and/or steps shall
be permitted to encroach 0.3 metres into the 1.2 metre minimum interior side yard.
(p) No part of any main building shall be constructed in the exterior side yard or rear
yard a distance of less than 2.4m from the lot line of the flanking street, and further
where any driveway and/or garage faces the exterior side yard the minimum
driveway length provisions shall apply from the flanking street.
Town of Newmarket Zoning By-law Consolidated August 2025 154
Exception
73
Zoning
R1-F1-73; R1-
F2-73; R1-FX-73
Map
2
By-Law Reference
2006-128
File Reference
NP-A-04-74
i)
Location:
Generally northeast of Davis Drive West and Bathurst Street
ii)
Legal Description: Lots 1-4, 33, 60, 64-75, 77-89, 92-105, 108-119, 122-131, 135145,
147-150, 155- 165, 168, 169, 172-178, 180-209, 211-229, 231, 232, 234-237, 241, 247,
263-276, 280-283, 286-288, 291-306, 65M-404
iii)
Development Standards:
R1-Fx-73
R1-F1-73
R1-F2-73
(a) Lot Area (minimum)
350.0m2
n/a
(b) Lot Frontage (minimum)
7.5m
10.7m
9.1m
(c) Lot Depth (minimum)
n/a
24.5m
(d) Front Yard (minimum)
n/a
3.5m
(e) Rear Yard (minimum)
7.0m
(north lot
line)
7.0m
(f) Interior Side Yard (minimum)
On one side:
On the other side
1.2m
1.2m
0.6m
1.2m
(g) Building Separation (minimum)
n/a
1.8m
(h) Exterior Side Yard (minimum):
n/a
2.4m
(i) Floor Area (minimum):
110.0m2
110.0m2
105.0m2
(j) Building Height (maximum):
11.0m
11.0m
(k) Lot Coverage (maximum):
n/a
n/a
(l) Driveway Width (minimum):
2.9m
2.9m
(m) Driveway Width (maximum):
6.1m
6.0m
But in no case shall the driveway exceed
of the required lot frontage.
50%
56%
66%
Town of Newmarket Zoning By-law Consolidated August 2025 155
Exception
73
Zoning
R1-F1-73; R1-
F2-73; R1-FX-73
Map
2
By-Law
Reference
2006-128
File Reference
NP-A-04-74
(n) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, intersected by such driveway shall be 6.0
metres.
(o) Permitted Encroachments:
An unenclosed porch, covered or uncovered, and with or without a foundation or
basement area, and/or steps, shall be permitted to encroach 2 metres into the
required front yard and 1.5 metres into the required exterior side yard. In
addition, bay or box windows with or without a foundation shall be permitted to
encroach up to 2 metres into the front yard, rear yard, or exterior side yard.
Where the interior side lot lines are not parallel, an unenclosed porch, covered
or uncovered, and with or without a foundation or basement area, and/or steps
shall be permitted to encroach 0.3 metres into the 1.2 metre minimum interior
side yard.
(p) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 2.4m from the lot line of the flanking street, and
further where any driveway and/or garage faces the exterior side yard the
minimum driveway length provisions shall apply from the flanking street.
Town of Newmarket Zoning By-law Consolidated August 2025 156
Exception
Zoning
Map
By-Law Reference
File Reference
74
R1-C-74
21
OMB Decision, 2017-51
N/A
i)
Location:
East side of Leslie Street south of Kingdale Road
ii)
Legal Description: Lots 105, 106, 107,
118, 119, 120, 140, 141, 142, 156, 157,
and 158 on Plan 65M-4378
iii)
Notwithstanding any other provision of
the by- law, the following Development
Standards shall be applied to the lands
subject to this By-law:
(a) No building or structure, save
and except for accessory
structure, shall be located within
45m of the north boundary of
the lands affected by this by-law
and shown on Schedule "X"
attached hereto.
(b) Only bungalow style dwellings
shall be permitted to have
basement walkouts on lands
affected by this by-law and
shown on Schedule "X"
attached hereto.
(c) Notwithstanding Exception 74 iii)(a), on the lots shown on Schedule "X"
attached hereto that are marked with cross- hatching, no building or
structure, save and except for accessory structure, shall be located within
40m of the north boundary.
Town of Newmarket Zoning By-law Consolidated August 2025 157
Exception
74
Zoning
R1-C-74;
R1-CX-74
Map
21
By-Law Reference
2006-156, 2016-05
(repealed), 2017-51
File Reference
19T-90064; Z6/98;
Goldstein
i)
Location:
Generally east side of Leslie Street, south of Mulock Drive.
ii)
Legal Description: Part of Lots 28 and 29, Concession 3 E.Y.S.
iii)
Development Standards:
(l) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, interested by such driveway shall be 6.0
metres.
(m) No part of any building shall be constructed within 8 metres of Leslie Street.
(n) Permitted Encroachments:
An unenclosed porch, covered or uncovered, shall be permitted to encroach 1.5
metres into the required front or exterior side yards.
Porch steps shall be permitted to encroach 2.7 metres into the required front
yard and 1.5 metres into the exterior side yard.
(o) No part of any main building shall be constructed in the exterior side yard or
rear Yard a distance of less than 2.0m from the lot line of the flanking street,
except where Leslie Street is the flanking street the minimum building setback
shall be 8.0 metres. Further where any driveway and/or garage faces the
exterior side yard the minimum driveway length provisions shall apply from the
flanking street.
(p) Central air conditioners and/or heat pumps shall be permitted in the rear Yard
only, subject to a minimum setback of 4.5 metres from the rear lot line, a minimum
setback of 1.2 metres from any interior side yard lot line and a minimum setback
of 3.0 metres from any other lot line.
R1-C-74
R1-C1-74
(a) Lot Area (minimum)
1,775m2
n/a
(b) Lot Frontage (minimum)
18m
(c) Lot Depth (minimum)
52m
44m
(d) Front Yard (minimum)
4.5m
(e) Rear Yard (minimum)
See (r) & (s)
9.0m
9.0m
(f) Interior Side Yard (minimum)
1.8m
(g) Building Separation (minimum)
3.6m
(h) Building Height (maximum):
11.0m
(i) Lot Coverage (maximum):
45%
(j) Driveway Width (minimum):
3.0m
(k) Driveway Width (maximum):
9.0m
Town of Newmarket Zoning By-law Consolidated August 2025 158
Exception
74
Zoning
R1-C-74;
R1-CX-74
Map
21
By-Law Reference
2006-156, 2016-05
(repealed), 2017-51
File Reference
19T-90064; Z6/98;
Goldstein
(q) The maximum number of lots zoned R1-C-74 and OS-2-77 that adjoin lands
zoned R1-A shall be 10.
By-law 2017-51
i)
Location: East side of Leslie Street south of Kingdale Road
ii)
Legal Description: Lots 105,106, 107, 118, 119, 120, 140, 141, 142,
156, 157, and 158 on Plan 65M- 4378
iii)
Notwithstanding any other provision of the by-law, the following
Development Standards shall be applied to the lands subject to
this By-law:
a. No building or structure, save and except for accessory
structures, shall be located within 45m of the north boundary of
the lands affected by this by- law and shown on Schedule "X"
attached hereto.
b. Only bungalow style dwellings shall be permitted to have
basement walkouts on lands affected by this by-law and shown
on Schedule "X" attached hereto.
c. Notwithstanding Exception 74 iii)(a),on the Lots shown on
Schedule "X" attached hereto that are marked with cross-
hatching, no building or structure, save and except for
accessory structures, shall be located within 40m of the north
boundary
Town of Newmarket Zoning By-law Consolidated August 2025 159
Exception
75
Zoning
R1-D-75; R1-D-75;
R1-E1-75; R1-E1-75
Map
21
By-Law
Reference
2006-156
File Reference
19T-90064; Z6/98;
Goldstein
i)
Location:
Generally east side of Leslie Street, south of Mulock Drive.
ii)
Legal Description: Part of Lots 28 and 29, Concession 3 E.Y.S.
iii)
Development Standards:
(m) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, interested by such driveway shall be 6.0
metres.
(n) No part of any building shall be constructed within 8 metres of Leslie Street.
(o) Permitted Encroachments:
An unenclosed porch, covered or uncovered, shall be permitted to encroach 1.5
metres into the required front or exterior side yards.
Porch steps shall be permitted to encroach 2.7 metres into the required front
yard and 1.5 metres into the exterior side yard.
R1-D-75
R1-E1-75
(a) Lot Area (minimum)
n/a
(b) Lot Frontage (minimum)
15m
13.7m
(c) Lot Depth (minimum)
with a sidewalk:
without a sidewalk:
26m
24.5m
(d) Front Yard (minimum)
with a sidewalk:
without a sidewalk:
4.5m
3.5m
(e) Rear Yard (minimum)
7.0m
(f) Interior Side Yard (minimum)
on one side:
on the other side:
0.6m
1.2m
(g) Building Separation (minimum)
1.8m
(h) Floor Area (minimum):
110.0m2
(i) Building Height (maximum):
11.0m
(j) Lot Coverage (maximum):
45%
(k) Driveway Width (minimum):
3.0m
(l) Driveway Width (maximum):
But the driveway width shall not
exceed 50% of the required lot
frontage.
6.1m
Town of Newmarket Zoning By-law Consolidated August 2025 160
Exception
75
Zoning
R1-D-75; R1-D-75;
R1-E1-75; R1-E1-75
Map
21
By-Law
Reference
2006-156
File Reference
19T-90064; Z6/98;
Goldstein
(p) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 2.0m from the lot line of the flanking street,
except where Leslie Street is the flanking street the minimum building setback
shall be 8.0 metres. Further where any driveway and/or garage faces the
exterior side yard the minimum driveway length provisions shall apply from the
flanking street.
(q) Central air conditioners and/or heat pumps shall be permitted in the rear yard
only, subject to a minimum setback of 4.5 metres from the rear lot line, a minimum
setback of 1.2 metres from any interior side yard lot line and a minimum setback
of 3.0 metres from any other lot line.
Exception
76
Zoning
R1-E-76;
R1-E-76
Map
21
By-Law Reference
2006-156
File Reference
19T-90064; Z6/98;
Goldstein
i)
Location:
Generally east side of Leslie Street, south of Mulock Drive
ii)
Legal Description: Part of Lots 28 and 29, Concession 3 E.Y.S.
iii)
Uses:
Semi-Detached dwellings shall be permitted in accordance
with the R2-K regulations.
iv)
Development Standards:
(a) Lot Area (minimum):
n/a
(b) Lot Frontage (minimum):
12.0m
(c) Lot Depth (minimum):
with a sidewalk:
26m
without a sidewalk:
24.5m
(d) Front Yard (minimum)
with a sidewalk:
4.5m
without a sidewalk:
3.5m
(e) Rear Yard (minimum):
7.0m
(f) Interior Side Yard (minimum)
on one side:
0.6m
on the other side:
1.2m
(g) Building Separation (minimum):
1.8m
(h) Floor Area (minimum):
100.0m2
(i) Building Height (maximum):
11.0m
(j) Lot Coverage (maximum):
45%
(k) Driveway Width (minimum):
3.0m
Town of Newmarket Zoning By-law Consolidated August 2025 161
Exception
76
Zoning
R1-E-76;
R1-E-76
Map
21
By-Law
Reference
2006-156
File Reference
19T-90064; Z6/98;
Goldstein
(l) Driveway Width (maximum):
6.1m
(m) But the driveway width shall not exceed 50% of the required lot frontage.
(n) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, interested by such driveway shall be 6.0
metres.
(o) No part of any building shall be constructed within 8 metres of Leslie Street.
(p) Permitted Encroachments:
An unenclosed porch, covered or uncovered, shall be permitted to encroach 1.5
metres into the required front and exterior side yards.
Porch steps shall be permitted to encroach 2.7 metres into the required front
yard and 1.5 metres into the exterior side yard.
(q) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 2.0m from the lot line of the flanking street,
except where Leslie Street is the flanking street the minimum building setback
shall be 8.0 metres. Further where any driveway and/or garage faces the
exterior side yard the minimum driveway length provisions shall apply from the
flanking street.
(r) Central air conditioners and/or heat pumps shall be permitted in the rear yard
only, subject to a minimum setback of 4.5 metres from the rear lot line, a
minimum setback of 1.2 metres from any interior side yard lot line and a
minimum setback of 3.0 metres from any other lot line.
Exception
77
Zoning
OS-1-77; OS-1-77;
OS-2-77
Map
21
By-Law Reference
2006-156
File Reference
19T-90064; Z6/98;
Goldstein
i)
Location:
Generally east side of Leslie Street, south of Mulock Drive
ii)
Legal Description: Part of Lots 28 and 29, Concession 3 E.Y.S.
iii)
Uses:
Conservation Uses; Active and/or Passive Recreation Uses;
and, Stormwater Management Facilities, as approved by the
Town of Newmarket and the Lake Simcoe Region Conservation
Authority.
iv)
OS-2-77 Restricted Uses:
Within 20 metres of the adjoining R1-A Zone the OS-2-77 Zone shall have no
other purpose than Passive Open Space and/or Stormwater Management
Facilities.
v)
Development Standards:
(a) The maximum number of lots zoned R1-C-74 and OS-2-77 that adjoin lands
zoned R1-A shall be 10.
Town of Newmarket Zoning By-law Consolidated August 2025 162
Exception
78
Zoning
Map
21
By-Law Reference
File Reference
19T-90064;Z6/98;
Goldstein
CC-78
2006-156
i)
Location: Generally east side of Leslie Street, south of Mulock
Drive
ii)
Legal Description: Block 102, 65m-3963
iii)
Development Standards:
(a) Front Yard (minimum)
(b) Rear Yard (minimum):
6.0m
6.0m
Exception
79
Zoning
I-B-79
Map
13
By-Law Reference
File Reference
i)
Location: 757 Bogart Avenue
ii)
Legal Description: Part of Lot 4, Plan 341.
iii)
Uses: An office use up to 500 m2 of gross floor area shall also be permitted.
Exception
80
Zoning
R1-D1-80
R1-E-80
R1-E1-80
R1-F1-80
Map
1 & 2
By-Law Reference
2007-68 &
2012-78
File Reference
NP-A-03-37 & D12
1104
i)
Location:
Generally east of Bathurst Street along Woodspring Avenue
ii)
Legal Description: Part of Lots 97, 98 and 99, Concession 1 W.Y.S.
iii)
Development Standards:
R1-D1-80
R1-E-80
R1-E1-80
R1-F1-80
(a) Lot Area (minimum):
n/a
(b) Lot Frontage (minimum):
15.0m
12.2m
13.7m
10.7m
(c) Lot Depth (minimum)
with a sidewalk:
without a sidewalk:
24.5m
23.0m
(d) Front Yard (minimum)
with a sidewalk:
without a sidewalk:
4.5m
3.5m
(e) Rear Yard (minimum):
7.0m
Town of Newmarket Zoning By-law Consolidated August 2025 163
Exception
80
Zoning
R1-D1-80
R1-E-80
R1-E1-80
R1-F1-80
Map
1 & 2
By-Law Reference
2007-68 &
2012-78
2013-21
File
Reference
NP-A-03-37
& D12 1104
(f) Interior Side Yard (minimum)
on one side:
on the other side
0.6m
1.2m
(g) Building Separation (minimum):
1.8m
(h) Building Height (maximum):
11.0m
(i) Lot Coverage (maximum):
n/a
(j) Driveway Width (minimum):
3.0m
(k) Driveway Width (maximum):
6.0m
6.1m
6.0m
but driveway width shall not
exceed the required lot frontage.
50%
60%
(l) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, interested by such driveway shall be 6.0
metres.
(m) Permitted Encroachments:
An unenclosed porch, covered or uncovered, shall be permitted to encroach 1.5
metres into the required front or exterior side yards.
Porch steps shall be permitted to encroach 2.7 metres into the required
front yard and 1.5 metres into the required side yard.
(n) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 3.0m from the lot line of the flanking street.
Further where any driveway and/or garage faces the exterior side yard the
minimum driveway length provisions shall apply from the flanking street.
(o) Ground mounted satellite dishes, central air conditioners and/or heat pumps
shall be permitted in the rear yard only, subject to a minimum setback of 4.5
metres from the rear lot line, a minimum setback of 1.2 metres from any interior
side yard lot line and a minimum setback of 3.0 metres from any other lot line.
Exception
81
Zoning
UC-HC1-81
Map
13
By-Law Reference
2007-70
File Reference
NP-A-06-11
i)
Location:
1 Roxborough Road
ii)
Legal Description: Lots 55, 70 and 71, Plan 344
iii)
Parking Space Requirements:
(a) Long Term Care Facility
0.428 spaces per rooming unit
Town of Newmarket Zoning By-law Consolidated August 2025 164
Exception
82
Zoning
R4-R-82; OS-2-82
Map
18
By-Law Reference
2007-78
File Reference
NP-A-05-43
i)
Location:
804 Shadrach Drive
ii)
Legal Description: Part of Lot 88 and Part of Lot 87, Concession 1 E.Y.S.;
Part of Block 88, 65M-3087; Part of Block 50, Block 70, 65M-3129
iii)
R4-R-82 Development Standards:
(a) Madeline Heights/Shadrach Drive shall be deemed to be the north property line.
(b) "Average Finished Grade" shall mean the average elevation of the finished ground
level adjoining the exterior walls of a building or structure exclusive of any
artificial embankment or entrenchment.
(c) Number of Townhouse units (maximum):
74
(d) Lot Area (minimum):
160m2 per unit
(e) Lot Frontage on a private road (minimum):
6.0m per unit
(f) Setback from North Property Line (minimum):
30.0m
(g) Setback from OS-2-82 Zone Boundary (minimum):
7.0m
(h) Setback from east property line (minimum):
9.0m
(i) Setback from a garage to a private road (minimum):
6.0m
(j) Setback from the front main wall of a building to a private road (minimum): 6.0m
(k) Setback from the side wall of a townhouse dwelling to a private road (minimum):
4.5m
(l) Setback from visitor parking spaces (minimum):
1.5m
(m) Distance separation of a parking area of 5 or more
spaces from windows of habitable rooms s (minimum):
2.6m
(n) Width of a buffer area around the periphery of a
parking area designed to accommodate 5 or more automobiles (minimum): 2.6m
(o) Building Separation (minimum):
3.0m
(p) Lot Coverage (maximum):
40%
(q) Permitted Encroachments:
Porches and bay windows shall be permitted to project into any minimum side,
front or rear setback not more than 1.5 metres.
Eaves, cornices, canopies, wheelchair ramps and belt courses shall be permitted to
project into any minimum side, front or rear setback not more than 1.0 metres.
Decks greater than 1.0 metre above average finished grade shall be permitted
to project into any minimum side or rear yard setback not more than 3.0 metres
(r) Parking Requirements, Townhouse dwelling unit: 1.5 spaces + 0.25 visitor spaces
Town of Newmarket Zoning By-law Consolidated August 2025 165
Exception
83
Zoning
R4-R-83a;
R4-R-83b;
R4-R-83c
Map
10
By-Law
Reference
2007-103
File
Reference
NP-A-05-09
i)
Location:
Formerly 121 and 135 Eagle Street
ii)
Legal Description: Lot 4, Plan 49; Part of Lot 49, Plan 437
iii)
Development Standards:
(m) The minimum driveway length may be reduced to 7.0 metres where there is a
double car garage with a segmented door, a double car driveway of at least 5.5
metres in width, and a garage minimum setback of 1.5m from the front wall of the
dwelling unit.
(n) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, intersected by such driveway shall be
5.0 metres.
(o) Permitted Encroachments:
An uncovered deck exceeding 0.6m in height above finished grade shall
be permitted to encroach 2.4m into the required rear yard.
(p) Central air conditioners and/or heat pumps shall be permitted in the rear yard
only, subject to a minimum setback of 1.2 metres from any interior lot line and a
minimum setback of 7.5 metres from the rear lot line.
R4-R-83a
R4-R-83b
R4-R-83c
(a) Lot Area per unit (minimum):
n/a
(b) Lot Frontage per unit (minimum):
5.5
(c) Front Yard (minimum):
4.0m
6.0m
(d) Rear Yard (minimum):
8.6m
10.2m
15.4m
(e) Interior Side Yard (minimum):
1.5m (end units)
(f) Exterior Side Yard (minimum):
n/a
3.0m
(g) Building Separation (minimum):
3.0m
(h) Building Height (maximum):
11.0m
(i) Lot Coverage (maximum):
n/a
(j) Number of Unseparated units
(maximum):
7
6
7
(k) Driveway Width (minimum):
3.0m
(l) Driveway Width (maximum):
55% of required lot frontage
Town of Newmarket Zoning By-law Consolidated August 2025 166
Exception
84
Zoning
R1-F1-84;
R2-H1-84
Map
13
By-Law Reference
2007-126
File Reference
NP-A-04-12
i)
Location:
696, 697, 699, 701, 703, 705 Crescent Road; 701-757 John Cole
Court
ii)
Legal Description: Lots 1-6, Block 8, 65M-4112
iii)
Development Standards:
(m) A rear yard amenity area shall be provided for each dwelling unit within the
R2-H1-84 Zone. Said amenity area shall have a minimum depth measured from
the rear of the dwelling unit of 6.0 metres and a minimum width of 6.1 metres.
(n) No driveway shall be located any closer than 0.6m from the interior side lot line
or extend beyond the front width of the dwelling unit. However, where the
driveway is a mutual driveway the required setback between driveways shall be
nil.
(o) Permitted Encroachments:
An unenclosed porch, covered or uncovered, and/or steps shall be permitted to
encroach 1.5 metres into the required front and exterior side yards.
(p) Within the R1-F1-84 Zone, satellite dishes, central air conditioners and/or heat
pumps shall be permitted in the side yard only, subject to a minimum setback of
7.5 metres from the rear lot line.
(q) Within the R2-H1-84 Zone, satellite dishes, central air conditioners and/or heat
pumps shall be permitted in the rear yard amenity area only, subject to a
minimum separation distance of 1.6 metres from any adjacent dwelling unit, and
a minimum setback of 4.5 metres from any lot line to the rear of the dwelling
unit.
R1-F1-84
R2-H1-84
(a) Number of Units (maximum):
n/a
20
(b) Lot Area (minimum):
300m2
0.6ha
(c) Lot Frontage (minimum):
11.0m
13.0m
(d) Frontage on a Common Driveway:
n/a
6.0m per unit
(e) Front Yard (minimum):
7.5m
(f) Setback from Common Driveway:
n/a
10.5m
(g) Rear Yard (minimum)
7.5m
6.0m
(h) Interior Side Yard (minimum):
1.2m
4.5m
(i) Exterior Side Yard (minimum):
3.0m
4.5m
(j) Building Separation (minimum)
2.4m
1.6m
(k) Building Height (maximum):
11.0m (2 storeys)
11.0m
(l) Lot Coverage (maximum):
n/a
45%
Town of Newmarket Zoning By-law Consolidated August 2025 167
Exception
85
Zoning
Map
16
By-Law Reference
2009-10
File Reference
(H)R4-S-85;
OS-EP-85
NP-A-07-34
i)
Location:
16200 Yonge Street
ii)
Legal Description: Part of Lot 87, Concession 1 W.Y.S.
iii)
OS-EP-85 Uses:
Paved and unpaved trails, walkways and boardwalks.
iv)
Development Standards:
(a) Number of permitted dwelling units (maximum):
80
(b) Lot Area per dwelling unit (minimum):
n/a
(c) Lot Frontage on a private road (minimum):
n/a
(d) Side Yard (minimum):
9.0m
(e) Setback from OS-EP-85 Zone Boundary (minimum):
10.0m
(f) Rear Yard (minimum):
10.0m
(g) Floor Area per dwelling unit (minimum):
51m2
(h) Building Height (maximum):
13.5m
(i) Height shall mean the distance from the average finished grade to the highest
point of the structure.
(j) Impermeable Surface Cover (minimum):
30% of site area
(k) Width of a buffer area around the periphery of a parking area designed to
accommodate 5 or more automobiles (minimum):
10.0m
(l) Parking Space Requirements:
Townhouse or Stacked Townhouse dwelling unit:
1.3 spaces + 0.2 visitor
spaces
(m) A minimum buffer area of 3 metres adjacent to the OS-EP-85 Zones shall be
used for no other purpose than a natural vegetative buffer.
(n) A 1.8 metre opaque fence shall be required along a portion of the southerly
boundary of the subject lands as shown on the schedule below.
(o) Balconies shall not be permitted on any portion of a building within 15 metres of
a section of the southerly boundary of the subject lands as shown on the schedule
below.
Town of Newmarket Zoning By-law Consolidated August 2025 168
Area
subject to
(n) & (o)
provisions
t
Town of Newmarket Zoning By-law Consolidated August 2025 169
Exception
86
Zoning
UC-R-86
Map
4
By-Law Reference
2009-11
File Reference
NP-A-06-14
i)
Location:
345 Davis Drive
ii)
Legal Description: Lot 30, Plan 78
iii)
Restricted Uses: Only Offices; Pharmacies; Medical and Hospital Supply Shop;
Coffee Shop; Medical Laboratory; Personal Service Shop;
and, Medical Clinics shall be permitted.
iv)
Development Standards:
(a) Front Yard (minimum): 22m from Davis Drive centre line
(b) Interior Side Yard (minimum)
on one side:
1.0m
on other side:
3.6m
(c) Building Height (maximum):
10.5m
(d) A minimum driveway width of 6.0 metres shall be permitted.
(e) A minimum buffer area and planting strip between a parking area and the easterly
side lot line shall be 0.97 metres and a minimum buffer area and planting strip
between a parking area and the westerly lot line shall be 1.5 metres.
(f) Parking spaces shall be permitted to be located a minimum of 0.97 metres from
the easterly side lot line and 1.5 metres from the westerly lot line.
Exception
87
Zoning
UC-R-87
Map
4
By-Law Reference
2009-31
File Reference
NP-A-08-21
i)
Location:
355 Davis Drive
ii)
Legal Description: Lot 30, Plan 78
iii)
Development Standards:
(a) Westerly Side Yard (minimum):
4.63m
(b) A minimum driveway width of 7.5 metres shall be permitted.
(c) A minimum buffer area between parking spaces and the rear lot line shall be
1.5 metres and a minimum buffer area between parking spaces and side lot
lines shall be 1.0 metre.
(d) Health & Fitness Studio Parking Requirements:
1 space per 18m2 of floor area
Town of Newmarket Zoning By-law Consolidated August 2025 170
Exception
88
Zoning
R1-D-88;
R1-F1-88;
R2-H-88;
OS-EP-88
Map
19
By-Law Reference
2009-38
File Reference
NP-A-05-07
i)
Location:
South west of Leslie Street and Mulock Drive
ii)
Legal Description: Lots 1-66, Blocks 67-69, 65M-4090
iii)
OS-EP-88 Restricted Uses:
Lands within the OS-EP-88 Zone that adjoin the R1-D-88 Zone shall have a width
of 5.0 metres measured from the rear lot line and shall only be used as a
Landscape Buffer and no buildings or structures shall be permitted.
iv)
Development Standards:
(j) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, interested by such driveway shall be 6.0
metres.
(k) Permitted Encroachments:
An unenclosed porch, covered or uncovered, shall be permitted to encroach 1.5
metres into the required front and exterior side yards.
Porch steps shall be permitted to encroach 2.5 metres into the required front and
rear yards and 1.5 metres into the exterior side yard.
(l) No part of any main building shall be constructed in the exterior side yard or
rear yard a distance of less than 2.0m from the lot line of the flanking street.
Further where any driveway and/or garage faces the exterior side yard the
minimum driveway length provisions shall apply from the flanking street.
R1-D-88
R1-F1-88
R2-H-88
(a) Lot Area (minimum):
n/a
(b) Lot Frontage (minimum):
15.0m
10.7m
13.6m
(c) Front Yard (minimum)
with a sidewalk:
without a sidewalk:
4.5m
3.5m
(d) Rear Yard (minimum):
12.0m
7.0m
(e) Interior Side Yard (minimum)
on one side:
on the other side:
1.2m
0.6m
1.2m
(f) Building Separation (minimum):
2.4m
1.8m
(g) Lot Coverage (maximum):
n/a
(h) Driveway Width (minimum):
3.0m
(i) Driveway Width (maximum):
6.1m
but driveway width shall not exceed 56% of the required lot frontage.
Town of Newmarket Zoning By-law Consolidated August 2025 171
(m) Within the R1-D-88 Zone, any accessory building or structure which is not
part of the main building shall be permitted to be erected, provided a
minimum rear yard of 5.0 metres is maintained.
(n) Central air conditioners and/or heat pumps shall be permitted in the rear yard
only, subject to a minimum setback of 4.5 metres from the rear lot line, a
minimum setback of 1.2 metres from any interior side yard lot line and a
minimum setback of 3.0 metres from any other lot line.
Exception
Zoning
CO-2-89
Map
By-Law Reference
2009-45
File Reference
NP-A-08-18
89
11
i)
Location:
372 Eagle Street
ii)
Legal Description: Part of Lot 12, Plan 85
iii)
Prohibited Uses:
Notwithstanding the permitted uses for the CO-2-89 Zone and the definition for Office
Conversion, a Sole Medical Practitioner is not permitted.
iv)
Development Standards:
(a) Side Yard (minimum)
on one side:
0.6m
on other side:
1.2m
(b) A parking area for employees and visitors may be permitted in the minimum
front yard and shall be separated from any adjacent street line by a strip of land
not less than 0.3 metres in width.
(c) A buffer strip of nil for a parking area along the northerly and easterly lot
lines shall be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 172
Exception
Zoning
CO-1-90
Map
By-Law Reference
File Reference
NP-A-08-18
90
11
2009-45
i)
Location:
S/S Eagle Street
ii)
Legal Description: Lot 13, Plan 85
iii)
Uses: Only an Office; a Sole Medical Practitioner; and, a maximum of 2 dwelling
units on the second floor, shall be permitted.
iv)
Development Standards:
(a) Front Yard (minimum):
2.5m
(b) A buffer strip of 1.5m shall be provided adjacent to the southerly lot line and a
buffer of nil shall be permitted along the westerly lot line and a buffer of 1.0 metre
shall be provided along the easterly lot line.
Exception
91
Zoning
R1-F-91
Map
16
By-Law Reference
2009-62
File Reference
NP-A-07-20
i)
Location:
South of Valley Green Trail
ii)
Legal Description: Block 77, 65M-3603
iii)
Development Standards:
(a) Number of permitted dwelling units (maximum):
14
(b) Lot Area (minimum):
0.7ha
(c) Lot Frontage (minimum):
7.5m
(d) Lot Frontage on a Common Driveway (minimum):
11.3m per unit
(e) Front Yard from Common Driveway (minimum):
4.5m
(f) Rear Yard from the rear of a dwelling unit to any property line (minimum):
6.0m
(g) Setback from northerly lot line (minimum):
1.2m
(h) Building setback from southerly lot line (minimum):
1.2m
(i) Building Separation (minimum):
1.8m
(j) Lot Coverage (maximum):
n/a
(k) The minimum driveway width may be reduced to 7.0 metres where there is a
double car garage with a segmented door, and a double driveway of at least 5.5
metres in width.
(l) Permitted Encroachments:
An unenclosed porch, covered or uncovered, and steps shall be permitted to
encroach 1.5 metres into the front yard minimum setback to a common driveway.
(m) Satellite dishes, central air conditioners and/or heat pumps shall be permitted
in the rear yard amenity area only, subject to a minimum separation distance of
1.6 metres from any adjacent dwelling unit, and a minimum setback from 4.5
metres from any lot line to the rear of the dwelling unit.
Town of Newmarket Zoning By-law Consolidated August 2025 173
Exception
92
Zoning
UC-P- 92
Map
4
By-Law Reference
2009-63
File Reference
NP-A-08-21
i)
Location:
39 Davis Drive
ii)
Legal Description: Part of Lot 96, Concession 1 E.Y.S.
iii) Development Standards:
(a) Number of permitted dwelling units:
280
(b) Front Yard (minimum):
5.0m
(c) Rear Yard (minimum):
nil
(d) Interior Side Yard (minimum):
nil
(e) Exterior Side Yard (minimum):
5.0m
(f) Floor Area per dwelling unit (minimum):
42.0m2
(g) Floor Space Index (maximum):
10.25
(h) Building Height (maximum):
65.0m
(i) Lot Coverage (maximum):
50%
(j) An entrance and exit driveway may be permitted to have a minimum width at the
street of 7.0 metres.
(k) A buffer area for the parking area/lot shall not be required.
Town of Newmarket Zoning By-law Consolidated August 2025 174
Exception
93
Zoning
UC-H1-93; OS-2-93
Map
13
By-Law Reference
2009-90
File Reference
i)
Location: 56, 58, 60 Roxborough Road; 674, 678, 682, 684, 685, 691 Queen Street.
ii)
Legal Description: Lots 33. 47. 48 and 49, Registered Plan 344
iii)
Development Standards:
(a) A driveway adjacent to Roxborough Road shall be measured at the sidewalk
from the point closest to the main wall; and, the driveway access adjacent to
Grace Street shall not require a division where greater than 9 metres in width
provided this driveway is utilized in combination for access to the underground
parking, garbage pick-up and the loading area.
(b) A landscape buffer of 1.2 metres for the parking lot shall be permitted.
(c) Parking Requirements, Non-Hospital Associated Units: 0.4 spaces per unit
(d) Parking Requirements, Hospital Associated Units:
0.1 spaces per unit
(e) A Hospital Associated Unit shall be a unit that will be fully staffed and serviced by
the hospital
using hospital resources.
(f) Front Yard (minimum):
3.1 m
(g) Rear Yard (minimum):
18.4 m
(h) South Side Yard (minimum), 1 - 3 storeys:
3.0 m
(i) South Side Yard (minimum), 4 - 6 storeys:
6.6 m
(j) North Side Yard (minimum):
3.0 m
(k) Floor Space Index (maximum):
1.85
(l) Building Height (maximum):
24.1m (6 storeys)
(m) Lot Coverage (maximum):
40%
(n) A 15.0 metre building setback from the watercourse shall be required for the
adjacent OS-2-93 Zone lands. Landscaping subject to the approval of the Lake
Simcoe Region Conservation Authority shall be required within this 15.0 metre
setback.
(o) The boundary between the OS-2-93 and UC-H1-93 Zones reflects the eastern most
limit of either the 15.0 metre setback or the Regional Flood Line Elevation of 241.6
metres and shall be further defined by a topographic survey.
Town of Newmarket Zoning By-law Consolidated August 2025 175
Exception
94
Zoning
R4-R-94
Map
14
By-Law Reference
2010-02
File Reference
NP-A-05-49
i)
Location:
South Side of Gorham Street at Doak Lane, Opposite Carlson Drive
ii)
Legal Description: Part of Lot 33, Concession 2 E.Y.S.
iii)
Development Standards:
(a) Number of Townhouse Dwellings (maximum):
60 units
(b) Lot Frontage (minimum):
n/a
(c) Lot Area (minimum):
n/a
(d) Lot Frontage on a Private Road per Dwelling unit (minimum):
5.4 m
(e) Setback from north property line or top of bank or
Inside edge of armour stone wall (minimum):
15.0 m
(f) Setback from east property line (minimum):
6.0 m
(g) Setback from west property line (minimum):
6.5 m
(h) Setback from south property line (minimum):
2.5 m
(i) Setback from a garage to a private road (minimum):
5.5 m
(j) Setback from the front main wall of a building to a private road (minimum): 4.5m
(k) Setback from the side wall of a townhouse dwelling to a private road (minimum):
1.7 m
(l) Setback from a townhouse dwelling to a visitor parking space (minimum): 3.0 m
(m) Lot Coverage (maximum):
40%
(n) Building Height, 3 storeys:
11.5 m
(o) Building Height, 2 storeys:
10.6 m
(p) Townhouse units that abut the west property line shall have a maximum
building height of 2 storeys. Where a block of townhouses has a
requirement for an end unit to be 2 storeys (maximum) the opposite end unit
must also be 2 storeys.
(q) Second-storey decks or balconies shall not be permitted on townhouse
dwellings that abut the west property line.
(r) Where any form of dwelling is erected in conformity with a 'site plan agreement';
parts of the lands affected by the 'site plan agreement' forms a 'common elements
condominium'; and, the balance of the lands affected by the 'site plan agreement'
are 'parcels of tied land' with respect to that 'common elements condominium', no
provision of this By-law shall be deemed to be contravened by reason of the
conveyance of a 'parcel of tied land' upon which a dwelling unit is erected,
provided that all of the standards of this by-law are met for the lands as a whole,
as set out in the 'site plan agreement' and provided the 'common elements
condominium' and the 'parcels of tied land' are contiguous.
Town of Newmarket Zoning By-law Consolidated August 2025 176
Exception
94
Zoning
R4-R-94
Map
14
By-Law Reference
2010-02
File Reference
NP-A-05-49
(s) For clarity, 'parcel of tied land' means a parcel of land to which the common
interest in the common elements condominium attaches as provided for un
Subsection 139(2) of the Condominium Act 1998 or a successor thereto for
"parcels of tied land" has the corresponding plural meaning.
(t) For clarity, 'common elements condominium' means a common elements
condominium corporation as defined in the Condominium Act 1998 or a
successor thereto.
(u) For clarity, a 'site plan agreement' means an agreement entered into
pursuant to Section 41 of the Planning Act, R.S.O. 1990 or a successor
thereto.
Exception
Zoning
Map
By-Law Reference
File Reference
95
EM-95
7
i)
Location:
116 Pony Drive; Unassigned Municipal Addresses on Journey's End
Circle
ii)
Legal Description: Part of Block 5 and Part of Block 7, Plan 65M-2515; Part of Block 2
and Block 4, Plan 65M-2515
iii)
Uses:
'Manufacturing, Light' uses are not permitted.
Exception
Zoning
Map
By-Law Reference
File Reference
96
EM-96
18
i)
Location:
620 Steven Court
ii)
Legal Description: Lot 7, Plan 65M-2121
iii)
Uses:
Building Supply Outlet; Contractor's Yard; and, Light Equipment
Sales and Rental uses shall also be permitted within a wholly
enclosed building. Accessory Outdoor Storage shall also be
permitted within the westerly side yard only.
Exception
Zoning
Map
By-Law Reference
File Reference
97
UC-H2-97
5
i)
Location:
615 Davis Drive
ii)
Legal Description: Lots 5 and 6, Plan 56; Lot 7, Plan 91
iii)
Uses:
A Financial Institution shall also be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 177
Exception
Zoning
Map
By-Law Reference
File Reference
98
UC-R-98
2
i)
Location:
17600 Yonge Street
ii)
Legal Description: Part of Lot 96, Concession 1 W.Y.S.
iii)
Uses:
A 'Regional Shopping Mall' shall also be permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 178
Exception
99
Zoning
R1-D-99; R1-E1-99;
R1-EX-99; R1-E2-99;
R1-F1-99; R2-H1-99
Map
21
By-Law Reference
2010-72; 2011-37;
2012-53
File Reference
19T-2004004;
NP-A-04-82
i)
Location:
East side of Leslie Street, north of the Newmarket-Aurora border.
ii)
Legal Description: Part of Lot 27, Concession 3 E.Y.S.
iii)
Development Standards:
R1-D-99
R1-E1-
99
R1-EX-
99
R1-E2-
99
R1-F1-
99
R2-H1-
99
(a) Min. Lot Area
n/a
(b) Min. Lot Frontage
15m
13.7m
12.5m
10.7m
14.7m
(c) Min. Lot Depth
26m
24.5m
with a sidewalk
without a sidewalk
24.5m
(d) Min. Front Yard
with a sidewalk
4.5m
without a sidewalk
3.5m
(e) Min. Rear Yard
7.0m
6.0m
7.0m
if one storey dwelling:
6.5m
6.0m
6.5m
(f) Min. Interior Side Yard
on one side:
1.2m
0.6m
1.2m
on the other side:
1.2m
n/a
(g) Min Building Separation:
1.8m
1.2m
1.8m
(h) Min. Floor Area:
110.0m2
100 m2
n/a
(i) Max Building Height:
11.0m
(j) Max. Lot Coverage
n/a
(k) Min. Driveway Width:
(*7) (*13)
3.0m
(l) Max. Driveway Width:
(*7) (*13)
6.1m
but the driveway width shall not exceed 55% of the lot
frontage.
(m) Max. Driveway Length
(*11)
Segmented Garage door:
10.0m
No Segmented Garage
Door:
11.2m
(n) Numbered notations relating to (*7), (*11), and (*13) shall be in accordance
with the same numbered notations listed under Section 6.2.3 of By-Law
2010-40.
(o) Notwithstanding the minimum required driveway length for a driveway
adjacent to a segmented garage door, where there is a double car garage
with a segmented door, and a double driveway of at least 6.0 metres in
width, the minimum driveway length may be reduced to 7.0 metres
provided that the garage does not protrude past the front wall on the ground
level of the dwelling unit or porch towards the front lot line.
Town of Newmarket Zoning By-law Consolidated August 2025 179
Exception
99
Zoning
R1-D-99; R1-E1-99;
R1-EX-99; R1-E2-99;
R1-F1-99; R2-H1-99
Map
21
By-Law Reference
2010-72; 2011-37;
2012-53
File Reference
19T-2004004;
NP-A-04-82
(p) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, interested by such driveway shall be 6.0
metres.
(q) No part of any building shall be constructed within 8 metres of Leslie Street.
(r) Permitted Encroachments:
An unenclosed porch, covered or uncovered, and with or without a foundation or
basement area, steps and/or handicapped ramps(s) shall be permitted to encroach
3.0 metres into the required front yard and 1.5 metres into the required exterior
side yard and shall be permitted to have a maximum permitted height of 4.5
metres measured from the established grade to the underside of the rafters or
ceiling of the porch, however, in no case shall the porch or steps be closer than 1.5
metres from the front lot line.
Bay or box windows with or without a floor or foundation shall be permitted to
encroach up to 1.0 metres into the required front yard, rear yard or exterior side
yard for a maximum width of 4.0 metres. In addition, a bay or box window
projection into the required rear yard may include a door.
Sills, belt courses, cornices, gutters, chimneys, pilasters, eaves, parapets or
canopies shall be permitted to encroach 0.5 metres into any required yard.
(s) No part of any main building shall be constructed in the exterior side yard or rear
yard a distance of less than 2.0m from the lot line of the flanking street, except
where Leslie Street is the flanking street the minimum building setback shall be 8.0
metres. Further where any driveway and/or garage faces the exterior side yard
the minimum driveway length provisions shall apply from the flanking street.
(t) On a corner lot where a daylighting triangle or rounding has been conveyed
to the a public authority, the exterior side lot line and the front lot line shall
be deemed to be the continued projection of the exterior side lot line and the
front lot line to a point of intersection, for the purposes of calculating the
required minimum front yard, minimum exterior side yard and/or minimum lot
depth requirements.
Town of Newmarket Zoning By-law Consolidated August 2025 180
Exception
100
Zoning
I-B-100
Map
13
By-Law Reference
2010-71
File Reference
D9-NP1007/D14-
NP1007
i)
Location:
649, 653 and 657 Queen Street
ii)
Legal Description: Lot 36 and Part of Lot 37 Registered Plan 344, Town of Newmarket
iii)
Uses:
Only a residential hospice
iv)
Development Standards:
(l) A minimum of 10 designated parking spaces shall be permitted to be located
off site on lands adjacent to the lands subject to this By-Law.
(m) A buffer area of nil shall be permitted between any driveway or parking spaces
and the southerly lot line.
(a) Min. Lot Area:
2,710.0 m2
(b) Min. Lot Frontage:
40m
(c) Min. Setback from Front Lot Line:
7.5m
(d) Min. Setback from Rear Lot Line:
0.0m
(e) Min. Setback from west Lot Line:
1.5m
(f) Min. Setback from east Lot Line:
18m
(g) Max. Lot Coverage:
35%
(h) Max. Height:
10.0m
(i) Min. Required Parking Spaces:
14
(j) Max. Parking Spaces in Front Yard:
4
(k) Loading Space Requirements:
Not Applicable
Exception
Zoning
Map
By-Law Reference
File Reference
101
CS-101
7
2011-32
D14-NP-11-06
i)
Location:
1120 and 1134 Kerrisdale Blvd.
ii)
Legal Description: Lots 55 and 56, Registered Plan 65M-2730, Town of Newmarket
iii)
Uses:
Service Commercial
iv)
Development Standards:
(a) Vehicle Storage and Display Minimum Setback from Rear Lot Line:
3.0 m
(b) Vehicle Storage and Display Minimum Setback from Side Lot Line:
3.0 m
(c) Minimum Required Parking Spaces:
148
(d) Required width of undivided driveway on Leslie St. and Kerrisdale Blvd. 12 m
Town of Newmarket Zoning By-law Consolidated August 2025 181
Exception
Zoning
Map
By-Law Reference
File Reference
102
EG-102
7
2011-25
i)
Location:
1220 Stellar Drive
ii)
Legal Description: 65R8600 Parts 5 & 6, 65R8888 Parts 3 & 4, Town of
Newmarket
iii)
Uses:
a Commercial Recreation Centre shall also be permitted
Exception
Zoning
Map
By-Law Reference
File Reference
102
CO-1-102
13
2011-33, 2011-34
D14-NP1016
i)
Location:
1064 Srigley Street
ii)
Legal Description: Lot 37 Registered Plan 443, Town of Newmarket
iii)
Uses:
Medical Office, Office
iv)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned CO-1-102:
a) a parking area for employees and visitors may be permitted in the minimum
front yard or minimum exterior side yard and shall be separated from any
adjacent street line by a strip of land not less than 1.5 metres
b) a minimum buffer strip of 1.0 metre shall be provided adjacent the southerly lot
line and a minimum buffer of 1.5 metres shall be provided along the north-
easterly lot line (daylighting triangle)
c) a landscape buffer may consist of plantings, fencing and/or berms
d) planting within a landscape buffer shall not be subject to any maximum or
minimum height
requirements
e) Loading spaces shall not be required
f) a minimum rear yard building setback of 7 metres shall be required
Town of Newmarket Zoning By-law Consolidated August 2025 182
Exception
Zoning
Map
By-Law Reference
File Reference
103
R1-D-103
12
2011-34
D14-NP-11-01
i)
Location:
415 Queen Street
ii)
Legal Description: Lot 39, Plan 222, Town of Newmarket
iii)
Uses (main building): only a private elementary school shall be permitted,
provided the residence is owner occupied; a dwelling unit
iv)
Uses (accessory building): only uses accessory to a private school and dwelling
unit are permitted
v)
Development standards:
(a) Front yard building setback
3.5m
(b) Gross Floor Area maximum (private Elementary school)
190m2
(c) Maximum number of students
35
(d) Floor area maximum for accessory buildings
130m2
(e) Loading spaces shall not be required
(f) A landscape buffer, no less than 3 metres in width be required along the
easterly lot line
Exception
Zoning
Map
By-Law Reference
File Reference
104
EM-104
13
2011-38
D14-NP1103
i)
Location:
Southwest corner of Nicholson Road and Harry Walker Parkway
South
ii)
Legal Description: Lot 1, Plan 65M2677, Town of Newmarket
iii)
Development Standards
a) a maximum building height of 15 metres shall be permitted
Exception
Zoning
Map
By-Law Reference
File Reference
105
Left blank intentionally.
Exception
Zoning
Map
By-Law Reference
File Reference
106
EM-106
15
2011-71
NP-P-11-03
i)
Location:
west side of Harry Walker Parkway South
ii)
Legal Description: Part Lot 31, Concession 3, Parts 1, 2 and 3, Plan 65R-27665
iii)
Prohibited Use: Notwithstanding the permitted uses for the EM-106 Zone, a hotel is
not permitted.
Town of Newmarket Zoning By-law Consolidated August 2025 183
Exception
Zoning
Map
By-Law Reference
File Reference
107
EM-107
15
2012-05
NP-P-11-11
i)
Location:
East side of Harry Walker Parkway, north of Mulock Drive
ii)
Legal Description: Part of Lot 31, Concession 3 E.Y.S., Town of Newmarket
iii)
Uses: In addition to those uses already permitted in the EM zone, accessory retail
uses are permitted on the ground floor of any office, Hotel or Sports Arena;
stand-alone retail uses are also permitted and shall not exceed 20% of the
permitted ground floor area of all buildings on the lands subject to this by-law;
Uses Prohibited: a source separated organics composting facility
iv)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned EM-107 and shown on schedule 'X'
attached hereto:
a) Office buildings shall be permitted to have a maximum Gross Floor Area of
15,000 m2
b) an office building shall have a maximum height of 10 storeys (41 metres)
c) standalone retail uses shall not have a Gross Floor Area greater than 2,800 m2
per premises
d) the maximum permitted Gross Floor Area for all standalone retail uses
is 7,246 square metres
e) any floor area in a parking garage is not included in the lot coverage
calculation
Town of Newmarket Zoning By-law Consolidated August 2025 184
Exception
Zoning
Map
By-Law Reference
File Reference
108
(H)CR-2-108
19
2012-23; 2020-13
D14-NP-11-07
D14-NP-19-12
i)
Location:
northeast corner of Bayview Avenue and Stonehaven Avenue
ii)
Legal Description: Pt Lot 28, Concession 2, Pt of Pts 1 & 2, Plan 65R15778, Town of
Newmarket
iii)
Uses:
Notwithstanding the permitted uses for the CR-2-108 Zone, the
following uses shall not be permitted: hotel; institutional day
centre; motor vehicle service or motor vehicle repair shop;
place of worship.
A dry cleaning depot and dry cleaning establishment may be
permitted subject to the completion of a Risk Assessment and Risk
Management Plan in accordance with the Ontario Clean Water
Act, 2006 as amended from time to time.
A day nursery shall only be permitted within the structure
indicated as 'A' on the plan below.
A commercial school shall only be permitted within the portion of
the structure indicated as 'C1' on the plan below.
iv) Development standards
a)
Front yard building setback (Stonehaven Avenue)
0.23m minimum
b)
Exterior side yard building setback (Bayview Avenue) 2.28m minimum
c)
Rear yard building setback (north lot line)
6.00m minimum
d)
A landscape buffer having a minimum width of 2.28 metres shall be provided
along Bayview Avenue and a landscape buffer having a minimum width of 1.50
metres shall be provided along the northerly property line.
Town of Newmarket Zoning By-law Consolidated August 2025 185
Exception
Zoning
Map
By-Law Reference
File Reference
108
(H)CR-2-108
19
2012-23; 2020-13
D14-NP-11-07
D14-NP-19-12
e)
Required parking shall be calculated at the rate of 4.25 spaces per 90m2 of gross
floor area.
f)
A parking lot shall be located a distance of 2.28m from Bayview Avenue.
g)
A total of 4 entrance and exit ramps shall be permitted.
h)
The most easterly entrance/exit ramp along Stonehaven Avenue shall have a
maximum width of 13.01m.
i)
The access to loading spaces along the northerly property boundary shall have
a minimum width of 4.5m.
Town of Newmarket Zoning By-law Consolidated August 2025 186
Exception
Zoning
Map
By-Law Reference
File Reference
109
EM-109
15
2012-20
D14-NP-1108
i)
Location:
Southeast corner of Davis Drive and Harry Walker Parkway South
ii)
Legal Description: 1250 Davis Drive & 1240 Twinney Drive, Town of Newmarket
iii)
Uses: In addition to those uses already permitted in the EM zone, the following
uses shall also be permitted:
Block A and B- Retail Store, Light Equipment Sales and Rental, sole
medical practitioner and accessory outdoor display and sales.
Block B - a Large Format Retail Store
iv)
For the purposes of this by-law a Large Format Retail Store shall be defined as follows:
Means a premises in which goods and merchandise are offered or kept for retail
sale or rental to the public and shall include a Retail Warehouse Store.
v)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned EM-109 and shown on schedule 'X'
attached hereto:
f) A Large Format Retail Store shall not have a Gross floor area greater than
12,541 m2 and be limited to one Large Format Retail Store on the lands
subject to this by-law.
g) A parking requirement of 1 space per 20m2 of Gross floor area shall be
required for a Large Format Retail Store.
h) Standalone retail uses shall not have a Gross floor area greater than 3,716 m2
per premises.
i) the maximum permitted Gross floor area for all standalone retail uses is 8,350
square metres
j) A hotel shall be permitted to have a maximum height of 6 storeys (18m)
k) A minimum Front Yard building setback (Davis Drive) of 3.0m shall be
required.
l) A landscape buffer having a minimum width of 3.0m shall be provided along
Davis Drive.
m) A loading space shall be permitted to have a minimum length of 9.0m.
n) Where the lands subject to this by-law abut lands under the jurisdiction of the
Ministry of
Transportation, a minimum setback of 14m shall be required for any
structure, utilities, fire routes and required parking.
Town of Newmarket Zoning By-law Consolidated August 2025 187
Exception
Zoning
Map
By-Law Reference
File Reference
110
EM-110
15
2012-25
D14-NP-11-21
i)
Location:
North side of Gorham Street, west of East Hill Court
ii)
Legal Description: 1009 Gorham Street, Town of Newmarket
iii)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R1D-110:
a) The minimum Rear Yard Setback shall be 27.5 metres
b) The interior side yard setback adjacent to lots 16, 17 and 18 on Plan
65M-59 shall be as follows:
i) one storey structure 2.6 metres
ii) two storey structure 1.8 metres
c) Minimum lot frontage shall be 16m
d) Maximum driveway width of 8m shall be permitted
Exception
Zoning
Map
By-Law Reference
File Reference
111
UC-HC3-111
12
2012-34
D14-NP-11-19
i)
Location:
55 and 59 Charles Street
ii)
Legal Description: Lot 26, Registered Plan 125, Town of Newmarket
iii)
Uses:
Only an Office or Medical Office and ancillary uses
iv)
Notwithstanding any other provision of the by-law, the following Development
Standards shall be applied to the lands subject to this by-law:
a) Maximum Gross Floor Area
575m2
b) Minimum number of parking spaces 18
c) Minimum Rear Yard Building Setback
3m
d) Loading Spaces Shall not be required
e) Minimum Driveway Entrance/Exit driveway 6m
f) Minimum Parking Aisle Width
6m
g) Minimum Side Yard Landscape Buffer
1.5m
h) Minimum Rear Yard Landscape Buffer
nil
i)
A parking lot shall be permitted in any yard
j)
A parking lot shall be setback a minimum 1.5m from the side yards and
0.3m from the rear yard
Town of Newmarket Zoning By-law Consolidated August 2025 188
Exception
Zoning
Map
By-Law Reference
File Reference
112
UC-HC3-112
12
2012-64
D14-NP-12-11
i)
Location:
21 Charles Street
ii)
Legal Description: Lot 36, Registered Plan 125, Town of Newmarket
iii)
Uses:
Only an Office or Medical Office and ancillary uses
iv)
Notwithstanding any other provision of the by-law, the following Development
Standards shall be applied to the lands subject to this by-law:
a) Front Yard Setback
1.98m
b) Side Yard Setback (north)
3.05m
c) Side Yard Setback (south)
6.20m
d) Loading spaces shall not be required
e) Minimum Driveway entrance width 6.0m
f) Minimum Driveway width
5.54m
g) Minimum Parking aisle width
6.6m
h) Minimum south side landscaped buffer 0.0m
i) Minimum north side landscape buffer
1.0m
j) Minimum rear landscape buffer 0.0m
Exception
Zoning
Map
By-Law Reference
File Reference
113
R1-B-113
13
2012-74
A11/2004 & A41 2004
i)
Location:
849 Gorham Street
ii)
Uses: a Personal Service Shop shall also be permitted within the existing building.
Exception
Zoning
Map
By-Law Reference
File Reference
114
R1-D-114
11
2012-74
A13/2007
i)
Location:
417 Oak Street
ii)
Uses:
A 4-plex shall also be permitted
Town of Newmarket Zoning By-law Consolidated August 2025 189
Exception
Zoning
Map
By-Law Reference
File Reference
115
CO-2-115
10
2007-91 & 2012-74
NP-A-06-45
i)
Location:
407 Eagle Street
ii)
Uses:
One Medical Practitioner and an apartment only
iii)
Development Standards:
k) Min. width of a driveway at the street line 5.5m
l) Min. Buffer area/Planting strip
1.6m
m) A loading space shall not be required
n) A parking area shall be permitted 1.6m from the easterly lot line
o) Front Yard setback
5.1m
Exception
Zoning
Map
By-Law Reference
File Reference
116
IB-116 & IC
16
2012-71
D14-NP-12-15
i)
Location:
16580 and 16604 Yonge Street
ii)
Uses:
A Special Needs Facility (Women's Shelter)
iii)
Notwithstanding any other provision of the by-law, the following Development
Standards shall be applied to the lands subject to this by-law:
p) Minimum Front Yard Setback
3.3m
q) Minimum Front Yard Setback to roof overhang
2.5m
r) Minimum Rear Yard Building Setback
34m
s) Minimum Interior Side Yard Setback
1.8m
t) Minimum Exterior Side Yard Setback
3m
u) Minimum Building Setback to Daylighting Triangle
3m
v) Minimum Building Setback to daylighting triangle (roof overhang) 1.4m
w) Maximum Lot Coverage
15%
x) Maximum Height
15m
y) Minimum of 11 parking spaces are required for a Special Needs Facility
z) Parking Spaces may be located within 1.5m of a Street Line
aa) Minimum Driveway Entrance/Exit driveway
6.7m
bb) Minimum Landscape Buffer Where Abutting a Street 1.5m
cc) Minimum Landscape Buffer Abutting Existing Residential
7m
Town of Newmarket Zoning By-law Consolidated August 2025 190
Exception
Zoning
Map
By-Law Reference
File Reference
117
CC-117
13
2012-79
D14-NP-12-19
i)
Location:
17310 Leslie Street
ii)
Notwithstanding any other provision of the Zoning By-law, the following shall be
applied to the lands subject to this by-law:
a) Permitted Uses
-
Office
-
Day Nursery
-
Medical Practitioner, Sole
-
Personal Service Shop
b) Maximum Height
10.7m (2 Storeys)
c)
Minimum of 5 parking spaces are required for an accountant's office of
223m2 net space
d) No loading spaces are required for an accountant's office of 223m2 net
space
e) Minimum Driveway Entrance/Exit
6m (north) and 7.5m
(south)
f) Minimum Landscape Buffer and Location of a Parking Lot abutting Leslie
Street - 1.3m
g)
Minimum Landscape Buffer and Location of a Parking Lot abutting the
south lot line - 0m
h)
Minimum Drive Aisle
6.0m
Exception
118
Zoning
R1-D-118;
R1-F; R2-H
Map
8 &
Schedule X
(2003-121)
By-Law Reference
2013-05
File Reference
19TN 2012 002; D12
1205 & D14 1205
i)
Location:
Southeast Corner of Davis Drive and Bathurst Street
ii)
Legal Description: Part of Lot 95, Concession 1, WYS
iii)
Development Standards:
R1-D-118
(a) Min. Lot Area:
475m2
(b) Min. Lot Frontage:
15m
(c) Min. Front Yard
with a sidewalk:
4.5m
without a sidewalk:
3.5m
(d) Min. Rear Yard:
7.5 m
(e) Min. Interior Side Yard:
1.2m
Town of Newmarket Zoning By-law Consolidated August 2025 191
Exception
118
Zoning
R1-D-118;
R1-F; R2-H
Map
8 &
Schedule X
(2003-121)
By-Law Reference
2013-05
File Reference
19TN 2012 002; D12
1205 & D14 1205
(f) Min. Exterior Side Yard
3.0m
(g) Max. Building Height:
10.7m (2 Storeys)
(h) Max. Lot Coverage:
45%
(i) Min. Driveway
Width: (*7) (*13)
3.0m
(j) Max. Driveway
Width: (*7) (*13)
6.0m
(k) Min. Driveway Length
(*11) Segmented
Garage Door:
10.0m
(l) Numbered notations relating to (*7), (*11), and (*13) shall be in accordance with
the same numbered notations listed under Section 6.2.3 of By-Law 2010-40.
(n) Notwithstanding the minimum required driveway length for a driveway adjacent to
a segmented garage door, where there is a double car garage with a segmented
door, and a double driveway of at least 6.0 metres in width, the minimum driveway
length may be reduced to 7.0 metres provided that the garage does not protrude
past the front wall on the ground level of the dwelling unit or porch towards the
front lot line.
Exception
119
Zoning
(H)UC-P-119
Map
4
By-Law Reference
OMB Order February 25, 2013,
as amended on April 3, 2013
File Reference
D14-NP-11-15
Repealed by By-law 2018-12.
Exception
119
Zoning
R1-B-119,
R1-C-119,
R1-D-119
Map
10 &
13
By-Law Reference
2013-30
File Reference
N/A
Repealed by By-law 2020-63
Town of Newmarket Zoning By-law Consolidated August 2025 192
Exception
Zoning
Map
By-Law Reference
File Reference
120
EG-120
15
2013-29
D14-NP-13-03
i)
Location:
400 Harry Walker Parkway South
ii)
Legal Description: Lot 18, plan 65M-2677
iii)
Notwithstanding any other provision of Zoning By-law 2010-40, the following shall
be applied to the lands subject to this by-law:
a) Additional Permitted Use: retail accessory to a warehouse use.
b) Maximum floor area of retail uses accessory to a warehouse: 1043 sq. m.
Town of Newmarket Zoning By-law Consolidated August 2025 193
Exception
120
Zoning
R1-D-120;
R1-E-120; R1-F-120
Map
19
By-Law
Reference
2013-50
File Reference
19TN 2005 004; D14-
NP12 29/D12-NP12 29
i)
Location: Helena Court, Mickleburgh Drive, Harry Douglas Street, Somerville Drive,
Carm Shier Court
ii)
Legal Description: Part of Lot 29, Concession 11, EYS
iii)
Development Standards:
(a) The minimum distance between a driveway and the intersection of 2 or more
streets measured along the street line, interested by such driveway shall be 5.0
metres.
(b) Permitted Encroachments:
An unenclosed porch, covered or uncovered, and with or without a foundation or
basement area, steps and/or handicapped ramps(s) shall be permitted to
encroach 3.0 metres into the required front yard and 1.5 metres into the required
exterior side yard and shall be permitted to have a maximum permitted height of
4.5 metres measured from the established grade to the underside of the rafters or
ceiling of the porch, however, in no case shall the porch or steps be closer than
1.5 metres from the front lot line.
Bay or box windows with or without a floor or foundation shall be permitted to
encroach up to 1.0 metre into the required front yard, rear yard and exterior side
yard for a maximum width of 4.0 metres. In addition, a bay or box window projection
into the required rear yard may include a door.
R1-D-120
R1-E-120
R1-F-120
Min. Lot Area:
n/a
Min. Lot Frontage
15m
12m
10m
Min. Lot Depth
with a sidewalk:
without a sidewalk:
26m
25m
Min. Front Yard
with a sidewalk:
without a sidewalk:
4.5m
3.5m
Min. Rear Yard:
If one storey dwelling
7.0m
6.5m
Side Yard Setbacks
on one side:
on the other side:
1.2m
0.6m
0.6m
0.6m
Min. Building Separation
1.2m
Max. Building Height
11.0m
Max. Driveway Width (*7)
6.0m
5.5m
Min. Driveway Length:
(*11) (*12)
10m
10m
Town of Newmarket Zoning By-law Consolidated August 2025 194
Exception
120
Zoning
R1-D-120;
R1-E-120; R1-F-120
Map
19
By-Law
Reference
2013-50
File Reference
19TN 2005 004; D14-
NP12 29/D12-NP12 29
Sills, belt courses, cornices, gutters, chimneys, pilasters, eaves, parapets or
canopies shall be permitted to encroach 0.5 metres into any require yard.
(c)
No part of any main building shall be constructed in the exterior side yard or rear
yard a distance of less than 2.0 metres from the lot line of the flanking street.
Further where any driveway and/or garage faces the exterior side yard, the
minimum driveway length provisions shall apply from the flanking street.
(d) On a corner lot where a daylighting triangle or rounding has been conveyed to
the public authority, the exterior side lot line and the front lot line shall be
deemed to be the continued projection of the exterior side lot line and the front
lot line to a point of intersection, for the purposes of calculating the required
minimum front yard, minimum exterior side yard and/or minimum lot depth
requirements.
Exception
Zoning
Map
By-Law Reference
File Reference
121
UC-D2-121
12
2013-61
D14-NP-13-09
i)
Location:
487 Queen Street
ii)
Notwithstanding any other provision of Zoning By-law 2010-40, the following
provisions shall also be applied to the lands subject to this by-law for a 16-unit
residential development:
a) Front yard setback
1.7m
b) Rear yard setback
17m
c) West side yard setback
6.8m
d) East side yard setback
1m
e) Maximum floor space index
1.2
f) No barrier free parking spaces are required for a non-accessible 16-
unit residential building.
g) Minimum of 20 parking spaces are required for a 16-unit residential
building: maximum of 21 parking spaces.
h) No loading spaces are required for a 16-unit residential building
i) Minimum entrance at street line
5.6m
j) Minimum landscape buffer
0m
k) Minimum setbacks for a parking lot from side and rear lot lines - 0m
l) Minimum driveway width
5.2m
m) Minimum drive aisle width
6.7m
n) Steps may encroach into the front yard setback to a 0m setback on the east
end of the building and 0.6m on the west end of the building.
o) Snow storage does not have to be accommodated on site.
Town of Newmarket Zoning By-law Consolidated August 2025 195
Exception
122
Zoning
R1-D-122
Map
8
By-Law Reference
2014-25
OMB Decision PL130413&
PL100685
File Reference
D9-NP-12 10 and 19TN
2012-001
i)
Location: South of Davis Dr, Crossland Gate and Millard Avenue West
ii)
Legal Description: Lots to 7 to 69, Lots 71 to 158, Block 161
iii)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R1-D-122 shown on Schedule 'X'
attached hereto
Development Standards:
(a) Minimum Yard Setback from Front Lot Line
7.0m
(b) Lots 7-36, Lot 52. Lots 56-69, Lots 71-158, Block
161 Minimum Yard Setback from Rear Lot Line
8.0m
(c) Lots 37-51, 53-55 Minimum Yard Setback from Rear
Lot Line
15.5m
(d) Lots 48 to 56- Decks
1) Maximum height
2) Maximum permitted encroachment into rear yard
2.0m
3.6m
(e) Lots 116-118 Uses
May also be used for an
elementary school in
accordance with the I-B
zone regulations
Exception
Zoning
Map
By-Law Reference
File Reference
123
R1-D-122
8
2014-25
OMB Decision PL130413
& PL100685
D9-NP1210 and 19TN
2012-001
i) Location: South of Davis Dr, Crossland Gate and Millard Ave West
ii) Legal Description: Block 162 and 163
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R1-D-123 shown on Schedule 'X' attached
hereto
(a) Minimum Yard Setback from Front Lot Line
4.5m to dwelling
6.0 to garage
(b) Minimum Yard Setback from Rear Lot Line
8.5
(c) Maximum Lot Coverage
37%
(d) Maximum Height
9.0m (1.5 storey)
(e) Minimum Driveway Width
6m
Town of Newmarket Zoning By-law Consolidated August 2025 196
Exception
123
Zoning
R1-C-123;
R1-D-123
Map
19
By-Law Reference
2014-28; 2019-27
File Reference
19TN 2005 004; D14-NP 12
29/ D12-NP 12 29
i)
Location: Harry Douglas Street, Somerville Dr, Carm Shier Crt, Helena Crt,
Mickleburgh Dr, part of Dillman Ave
ii)
Legal Description: Part of Lot 29, Concession 11, EYS
iii)
Development Standards:
R1-D-123
R1-C-123
Min Lot Area
n/a
n/a
Min Lot Frontage
15m
18m
Min lot depth
With a sidewalk
Without a sidewalk
26m
25m
Min front yard
With a sidewalk
Without a sidewalk
4.5m
3.5m
Min rear yard
If one storey dwelling
7.0m
6.5m
Side yard setbacks
One side
Other side
1.2m
0.6m
Min building separation
1.2m
Max building height
11m
Max driveway with (*7)
6.0m
Min driveway length (*11)
10m
Lot coverage
50%
50%
Town of Newmarket Zoning By-law Consolidated August 2025 197
Exception
124
Zoning
UC-R-124
Map
10
By-Law Reference
2014-54
File Reference
D14-NP-14-04
i)
Location: 212 Davis Dr- South side of Davis Dr
ii)
Legal Description: Lot 4, Registered Plan 32, Town of Newmarket (PIN 03602-0347
(LT)).
THAT By-law 2010-40, be and the same is hereby further amended by:
1. Pursuant to Section 37 of the Planning Act, the increased height and density
permitted by this By-law on the said lot are permitted subject to the owner building
a purpose-built rental apartment with a commitment that the building remain rental
for a minimum of 20 years, and the provisions for which shall be secured by an
agreement or agreements pursuant to Section 37
(3) of the Planning Act.
2. Upon execution and registration of an agreement or agreements with the owner of
the lot pursuant to Section 37 of the Planning Act, securing that the building will be
a purpose-built rental apartment with a commitment that the building remain rental
for a minimum of 20 years, the said lot is subject to the provisions of this By-law,
and is subject to the said agreement as a precondition to the issuance of a building
permit. The owner may not erect or use such building until the owner has entered
into such agreement.
iii) Prohibited Uses: waste disposal sites within the meaning of Part V of the
Environmental Protection Act, large (more than 10,000L) non-agricultural source
material storage facilities, commercial fertilizer storage facilities, pesticide
storage facilities, road salt storage facilities, fuel storage, DNAPLs storage
(chemicals typically used by drycleaners), and organic solvent storage.
iv) Development Standards: (see next page)
Town of Newmarket Zoning By-law Consolidated August 2025 198
Exception
124
Zoning
UC-R-124
Map
10
By-Law Reference
2014-54
File Reference
D14-NP-14-04
(a) Min. Yard Setbacks:
Apartment Building:
From Front Lot Line (Davis Drive)
From West Lot Line
Min. 3.0m1
Min 4.5m
Accessory Parking Structure:
From Rear lot Line as measured from the
northerly limit of the future Minor Collector
ROW:
Min. 3m from the future Minor
Collector right of way. 2
Accessory Parking Structure: (*1)
From East Lot Line
Min. 3m
Accessory Parking Structure: (*1)
From West Lot Line
Min. 6m
Accessory Parking Structure Ramp:
From the West Lot Line
Min. 2.9m
(b) Max. Yard Setback:
Apartment Building:
From Front Lot Line (Davis Drive)
Max. 15m
Accessory Parking Structure: (*1)
From West Lot Line
Max. 9.6m (excluding any ramps)
(c) Maximum Total
Lot Coverage
for all Accessory Structures:
30%
(d) Max. Floor Space Index:
2.0 FSI based on the net lot area
of the property that is the subject
of the zoning amendment as
described below in provision (v).
(e) Min. Floor Space Index:
1.5 FSI based on net land area
described below in provision (v).
(f) Max. Height of Apartment Building:
Where height is in metres and storeys, the
measurement in metres shall prevail.
46m (15 storeys)
(g) Podium Structure:
Maximum Height of an enclosed or open
podium structure located on Davis Drive
frontage
Minimum Height of an enclosed or open
podium structure located on Davis Drive
frontage
Minimum step back
Minimum frontage
Max. 10m
Min. 4.2m
Min. 3.0m
Min. two-thirds the width of the
frontage of the apartment building
facing Davis Drive.
(h) Apartment Building Ground Floor
Height:
Min. 4.0m
Max. 4.5m
Town of Newmarket Zoning By-law Consolidated August 2025 199
Exception
124
Zoning
UC-R-124
Map
10
By-Law Reference
2014-54
File Reference
D14-NP-14-04
(v) Net lot area shall be calculated based on the entire property at the time of
application of the By- law amendment (April 28, 2014), inclusive of the public
Minor Collector across the rear of 212 Davis Drive and all private internal
streets/lanes and the land included in the easements for underground hydro
utilization across the frontage of Davis Drive.
(vi) Podium Structure means the lower part of the apartment building that is designed
to break up the front façade and define the street edge. The podium refers to the
overall structure that extends beyond the front wall of the lower portion of the
building.
(vii) Special note (*3) of Section 6.4.1 shall not apply.
(viii) Special notes (*2-5) of Section 6.4.2 pertaining to terracing and setbacks shall not
apply.
(ix) No provision of this by-law shall be deemed to be contravened by reason of any
land division or the conveyance of a parcel(s) upon which a building(s) is erected
provided that all of the standards of this by-law are met for the lands as a whole.
(i) Parking Requirement for the
Apartment Building:
Min. 0.86 per dwelling unit, plus
0.10 per dwelling unit for visitor
parking.
Max. 1.0 per apartment unit plus
0.1 per apartment unit for visitor
parking.
(j) Minimum width of entrance to future
Minor Collector at the rear of 212 Davis
Drive
6.7m
(k) Height of Accessory Parking
Structure:
Max. 6.6m above storage average
finished grade
1 The 3m easement, in favour of the Town, is established for the future burying
of the overhead hydro lines on Davis Drive and will provide the necessary above
ground space for facilities including future cycling facility and wider sidewalks on
Davis Dr.
2 The future Minor Collector ROW is to be dedicated to the Town and will have
minimum width of 20m.
(*1) Any below grade portions of the Accessory Parking Structure may
encroach within 0.5m of the east and west lot lines provided the surface
area above the below grade parking structure remains useable for the
designed purpose, e.g., landscaping, pedestrian access, private street, etc.
Town of Newmarket Zoning By-law Consolidated August 2025 200
Exception
124
Zoning
R4-N-124
Map
8
By-Law Reference
2014-25
OMB Decision PL130413&
PL100685
File Reference
D9-NP-1210 and 19TN
2012- 001
i)
Location: South of Davis Drive, Crossland gate and Alex Doner Drive
ii)
Legal Description: Blocks 159 and 160
iii)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R4-N-124 shown on Schedule 'X'
attached hereto
Development Standards:
(a) Minimum Lot Area Per Dwelling Unit
240 m2
(b) Front Lot Line of Block 160
Street "B"
(c) Minimum Lot Frontage
3.0m per total parcel, with a minimum
frontage on a common driveway of
5.5m per dwelling unit
(d) Minimum Yard Setback from a Public Road
4.0m
(e) Minimum Yard Setback from Any other Lot
Line
3.0m
(f) Minimum Width of Landscaped Open
Space Abutting an Existing Single-Detached
Dwelling
12.0m
(g) Minimum Building Separation
3.0m
(h) Maximum Lot Coverage of Block
35%
(i) Maximum Height
11.0m (3 storeys)
(j) Minimum Private Amenity Space Block 159
Block 160
900m2
3300m2
iv) All units within 12m of Davis Drive, Street 'B', Alex Doner Drive or Crossland Gate
shall have a front entry door, but no garage, facing the public road and a second
entry with garage facing an interior private road.
Town of Newmarket Zoning By-law Consolidated August 2025 201
Exception
125
Zoning
(H)R1-E-125;
(H)R1-F-125;
(H)R2-H-125;
(H)R4-R-125;
(H)R4-R1-125
Map
2
By-Law Reference
2014-51
OMB Decision PL130413&
PL100685
2019-38
File Reference
19TN 2013-003; D12
13 22 & D14 13 22
i) Location: North side of Davis Drive, West of Yonge Street.
ii) Legal Description: Part of Lot 96, Concession 1 W.Y.S.
iii) Permitted Uses:
Notwithstanding any other provision of the by-law to the contrary, for the lands
zoned I-A/(H)R4-R- 125, permitted uses shall include an elementary school in
accordance with the Major Institutional zone requirements of Section 6.6 of By-law
2010-40 and townhouse dwelling units in accordance with Section 5iv) R4-R-125 of
By-law 2014-51.
Notwithstanding any other provision of the by-law to the contrary, for the lands
zoned I-A/(H)R4- R1-125, permitted uses shall include an elementary school in
accordance with the Major Institutional zone requirements of Section 6.6 of By-law
2010-40 and back to back townhouse dwelling units in accordance with Section
5iv) R4-R1-125 of By-law 2014-51
Notwithstanding any other provision of the by-law to the contrary, for the lands zoned
I-A(H)-R2-H- 125, permitted uses shall include an elementary school in accordance
with the Major Institutional zone requirements of Section 6.6 of By-law 2010-40 and
semi-detached dwelling units in accordance with Section 5iv) R2-H-125 of By-law
2014-51
iv) Development Standards:
R1-E-125 R1-F-125
R2-H-125
R4-R-125
R4-R1-125
(a) Min. Lot Area:
n/a
(b) Min. Lot
Frontage:
12.2m
10.7m
15.2m
6.0m (per unit)
6.1m (per unit)
(c) Min. Lot/block
With a sidewalk
Without a sidewalk
25.5m
24.5m
27.5m
26.5m
(d) Min. Front Yard:
4.5m
3m
Town of Newmarket Zoning By-law Consolidated August 2025 202
Exception
125
Zoning
(H)R1-E-125;
(H)R1-F-125;
(H)R2-H-125;
(H)R4-R-125;
(H)R4-R1-125
Map
2
By-Law Reference
2014-51
OMB Decision PL130413&
PL100685
2019-38
File Reference
19TN 2013-003; D12
13 22 & D14 13 22
(e) Min. Rear Yard
7.0m
6.0m
0m
(f) Min. Interior Side
On one side
On the other side
0.6m
1.2m
1.5m (end unit)
n/a
(g)
Min.Building
Separation:
1.2m
3.0m
(h) Min. exterior Side
Yard:
3.0m
2.4m
(i) Max. Building
Height
11m (2 storeys)
11.5m (3 storeys)
12.2m (walkouts)
11m (2 storeys where abutting existing low
density residential)
(j) Max. Lot
Coverage
n/a
(k) Minimum off-
street parking
requirements
exterior of any
garage or
structure:
2
(l) Min Driveway
Width:
(*7)(*11)(*13)
3.0m
(m) Max Driveway
Width: (*7)(*13)
5.5
m
3.8
m
3.0
m
(n) Min. Driveway
Length (*11)
Segmented Garage
Door:
Non Segmented
Garage Door:
10.0m
11.2m
Town of Newmarket Zoning By-law Consolidated August 2025 203
Exception
125
Zoning
(H)R1-E-125;
(H)R1-F-125;
(H)R2-H-125;
(H)R4-R-125;
(H)R4-R1-125
Map
2
By-Law Reference
2014-51
OMB Decision
PL130413& PL100685
2019-38
File Reference
19TN 2013-003; D12
13 22 & D14 13 22
o) Numbered notations relating to (*7), (*11), and (*13) shall be in accordance with the
same numbered notations listed under Section 6.2.3 of By-Law 2010-40.
p) Notwithstanding the minimum required driveway length for a driveway adjacent to a
segmented garage door, where there is a double car garage with a segmented door,
and a double driveway of at least 5.5 metres in width, the minimum driveway length
may be reduced to 7.0 metres provided that the garage does not protrude past the
front wall on the ground level of the dwelling unit or porch towards the front lot line.
q) The minimum distance between a driveway and the intersection of 2 or more streets
measured along the street line, intersected by such driveway shall be 6.0 metres.
r) Permitted Encroachments:
An unenclosed porch, covered or uncovered, and with or without a foundation or
basement area, steps and/or handicapped ramp(s) shall be permitted to encroach
2.4 metres into the required front yard and 1.5 metres into the required exterior side
yard. Steps may encroach up to 0.3m from the front or exterior side lot line.
Bay windows with or without a floor or foundation shall be permitted to encroach
up to 1.0 metre into the required front yard, rear yard or exterior side yard for a
maximum width of 3.0 metres.
Sills, belt courses, cornices, gutters, chimneys with or without a foundation,
pilasters, eaves, parapets or canopies shall be permitted to encroach 0.6 metres
into any required yard.
Notwithstanding Section 5(iii)(L) any structural and/or decorative features shall be
permitted to encroach into the minimum driveway width of 3.0m a maximum of
0.40m overall.
s) On a corner lot where a daylighting triangle or rounding has been conveyed to the
public authority, the exterior side lot line and the front lot line shall be deemed to be
the continued projection of the exterior side lot line and the front lot line to a point of
intersection, for the purposes of calculating the required minimum front yard, minimum
exterior side yard and/or minimum lot depth requirements.
t) Notwithstanding any other provision of the by-law to the contrary, Central Air
Conditioning units for Back to Back townhouse dwelling units shall be permitted on a
balcony facing the front yard accessed from an upper story of the dwelling unit.
u) The maximum number of Townhomes permitted in one block shall not exceed 9 units.
Town of Newmarket Zoning By-law Consolidated August 2025 204
Exception
125
Zoning
(H)R5-T-125
Map
8
By-Law Reference
2014-25
OMB Decision
PL130413&
PL100685; 2020-38
File Reference
D9-NP-1210,19TN 2012-
001, D14-NP-19-05
i)
Location: South of Davis Drive, East of Mitchell Place.
ii)
Legal Description: Block 164, Plan 19TN 2012-001
iii)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R5-T-125 shown on Schedule 1
attached to By-law 2020-38.
Uses permitted in addition to uses otherwise permitted by the R5 zone:
- Apartment Building
- Stacked Townhouse Dwelling
Development Standards:
Zone Standard
Stacked Townhouses
Apartment Buildings
(a) Minimum Lot Frontage
185m
(b) Maximum Number of
Dwelling Units
298
298
(c) Maximum Height
15.0 metres
6 storeys (25.5m),
except that no part of
any building shall
exceed the height of 4
storeys (18.8m) within
a distance of 60.0m
from the rear lot line of
an existing single-
detached dwelling.
(d) Height Definition
Notwithstanding the definition of "Height" in Section 3,
height shall mean the vertical distance measured
between the average established grades as identified
for each building and the top of the building exclusive of
mechanical penthouse, parapets, green roofs, and roof
terraces.
(e) Lot Lines
The north lot line shall be deemed the front lot line.
The south lot line shall be deemed the rear lot line.
(f) Minimum Yard Setback
from Rear Lot Line
30.0m
(g) Minimum Width of
Landscape Buffer Abutting
the Rear Lot Line
30.0m
Town of Newmarket Zoning By-law Consolidated August 2025 205
Exception
125
Zoning
(H)R5-T-125
Map
8
By-Law Reference
2014-25
OMB Decision
PL130413&
PL100685; 2020-38
File Reference
D9-NP-1210,19TN 2012-
001, D14-NP-19-05
(h) Minimum Yard Setback
from Front Lot Line
3.0m
(i) Minimum Yard Setback
from Exterior Side Lot Line
3.0m
(j) Minimum Yard Setback
from Interior Side Lot Line
5.0m
(k) Minimum Private Amenity
Space
1400m2
(l) Parking for Residential
Uses
1.42 spaces per dwelling unit
(m) Parking for Visitors
0.25 spaces per dwelling unit
(n) Minimum parking space
size
2.6m by 5.5m
(o) Minimum two-way drive
aisle width
6.7m
(p) Location of Parking
Parking may be outdoor at grade, within garages
and/or underground.
(q) Encroachments
The following may encroach into the required front,
interior and exterior side yards but in no instance shall
be closer than 1.2 metres from the property line:
stairs, patios, garbage enclosures.
The underground parking structure may encroach into
all yards, but shall in no instance be closer than 0.9
metres from the property line.
(r) Lot
Notwithstanding the definition of "Lot" in Section 3, the
subject lands as shown in Schedule 1 of By-law 2020-
38, are deemed one lot, regardless of the number of
buildings constructed thereon, the creation of
separate units and/or lots by way of a plan of
condominium, consent, conveyance of private or
public roads, strata title arrangements, or other
permissions, and any easements or registrations that
are granted, shall be deemed to comply with the
provisions of By-law 2020-38.
Town of Newmarket Zoning By-law Consolidated August 2025 206
Exception
126
Zoning
CR-2-126
Map
14
By-Law Reference
OMB Decision
File Reference
D9-NP-1302; D14-NP 1302
OMB Case No. PL140952
i)
Location: 550 & 536 Mulock Court
ii)
Notwithstanding any other provisions of Zoning By-law 2010-40, the
permitted uses on this property are limited to:
a) Commercial School
b) Day Nursery
c) Financial Institution
d) Medical and Dental Laboratories
e) Medical Office
f) Office
g) Personal Service Shop
h) Retail Store
i) Service or Repair Shop
j) Studio
iii)
Development Standards:
a) Notwithstanding any other provisions of Zoning By-law 2010-40, the front lot
line of this lot is deemed to be the north property edge abutting Mulock Court
b) Exterior side yard setback (Bayview Avenue) 3.0m minimum
c) Rear yard setback (Mulock Drive)
3.0m minimum
d) Minimum number of loading spaces
2
e) Minimum loading space size
3.3m x 9m
f) Two (2) loading spaces are permitted in the front yard, a minimum of 6.9m
from Mulock Court and a minimum of 2.8m from Bayview Avenue.
g) Minimum required landscape buffer along Mulock Court
1.4m
h) Minimum entrance width (Mulock Drive)
7.0m
i) Location of parking lot along Mulock Court
min. 1.4m
j) Required off street parking shall be calculated as follows:
1) For Medical Offices at the rate of 1 space for 27m2 of net floor area
2) For all other uses permitted by this bylaw, parking shall be provided in
accordance with the provisions set out in section 5.3.2, Minimum Off-
Street Parking Requirements in By-law 2010-40.
3) In no case shall less than 98 parking spaces be provided on the site.
Town of Newmarket Zoning By-law Consolidated August 2025 207
Exception
126
Zoning
(H)CR-2-126
Map
8
By-Law Reference
2014-25;
OMB Decision PL130413&
PL100685; 2020-38
File Reference
D9-NP-12 10 and 19TN
2012-001; D14-NP-19-05
i)
Location: South of Davis Drive, East of Mitchell Place.
ii)
Legal Description: Block 165, Plan 19TN 2012-001
iii)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned CR-2-126 shown on Schedule 1
attached to By-law 2020-38.
Uses: Residential Use-Live Work Unit
Uses: Commercial- Art Gallery, Studio, Personal Service Shop, Retail Store, Office
Development Standards:
(a) Minimum Lot Area
0.35ha
(b) Minimum Lot Frontage
60m on Mitchell Place
(c) Front Lot Line
Mitchell Place
(d) Minimum Yard Setback from a Public
Road
3.0m
(e) Maximum Lot Coverage
35%
(f) Maximum gross floor area per
Commercial Unit
60.0m2
(g) Location of Commercial Unit
Ground floor only
(h) Parking for Residential Use
2 spaces per unit
(i) Parking for Commercial Uses
1 space per unit for the first 40m2 gross
floor area, plus 1 space per 30m2 of
aggregate commercial gfa for all units
greater than 40m2 per unit.
(j) Garage Location
Not permitted on the side of the building
facing the street
(k) Maximum Height
11.6m (3 storeys)
(l) Lot
Notwithstanding the definition of "Lot" in
Section 3, the subject lands as shown in
Schedule 1 of By-law 2020-38, are deemed
Town of Newmarket Zoning By-law Consolidated August 2025 208
Exception
126
Zoning
(H)CR-2-126
Map
8
By-Law Reference
2014-25;
OMB Decision PL130413&
PL100685; 2020-38
File Reference
D9-NP-12 10 and 19TN
2012-001; D14-NP-19-05
one lot, regardless of the number of
buildings constructed thereon, the creation
of separate units and/or lots by way of a
plan of condominium, consent, conveyance
of private or public roads, strata title
arrangements, or other permissions, and
any easements or registrations that are
granted, shall be deemed to comply with the
provisions of By-law 2020-38.
Exception
Zoning
Map
By-Law Reference
File Reference
127
(H)CA-127
6
2015-28
D14-14-10
i)
Location: 17844 Leslie Street
ii)
Legal Description: Lot 41 and Part of Lot 40, Plan 378, Town of Newmarket
iii)
Uses: Only a Motor Vehicle Services Station and associated convenience/food store
iv)
Notwithstanding any other provision of the by-law, the following Development
Standards shall be applied to the lands subject to this by-law:
a) Minimum number of parking spaces
8
b) Minimum Rear Yard Building Setback
6m
c) Loading Spaces shall not be required
d) Minimum Rear Yard Landscape Buffer
6m
e) Minimum daylighting triangle
10m along each street frontage
Town of Newmarket Zoning By-law Consolidated August 2025 209
Exception
Zoning
Map
By-Law Reference
File Reference
127
CR-2-127
8
2014-25
D9-NP 12 10 and 19TN
2012-001
i)
Location: South of Davis Drive, West of Crossland Gate
ii)
Legal Description: Block 166
iii)
Uses: In addition to uses permitted in the CR-2 zone, a motor vehicle service station
is permitted
iv)
Notwithstanding any other provision of the by-law, the following provisions shall
apply to the lands zoned CR-2-127 shown on Schedule 'X' attached hereto
Development Standards:
a) Regulations relating to the motor vehicle service station shall be as set out in the CA
Zone
b) Alex Doner Drive shall be deemed the front line
Town of Newmarket Zoning By-law Consolidated August 2025 210
Exception
128
Zoning
(H)R4-
R-128
Map
18
By-Law Reference
OMB Decision
PL141386
File Reference
D7, D9, D12 & D14-NP13
16
i)
Location: Westerly terminus of Silken Laumann Drive
ii)
Legal Description: Part of Lot 89, Concession 1
iii)
Permitted Uses:
a) A maximum of 28 Townhouse Dwelling units
iv) Development Standards:
a) Lot Frontage (minimum): nil
b) Lot Frontage, Common or Private Road (minimum): 6m per dwelling unit
c) Setback from the front main wall of a building to a private road (minimum):
6.0m but in no case shall any part of a main wall of any dwelling unit be
closer than 48 metres from the adjacent Rail Corridor
d) Setback from the rear main wall of a dwelling unit to the easterly
property line (minimum): 7m
e) Building Separation (minimum): 3.0m
f) Setback from the side wall of a townhouse dwelling to a private road
(minimum): 3.0m
g) Setback from the side wall of a townhouse dwelling to the north property line
(minimum): 1.5m
h) Minimum Driveway Width: 3.0m
i) Maximum Driveway Width: 3.0m
v) Notwithstanding Section 4.12, buildings and structures shall be permitted to be
erected in the R4-R- 128 zone provided permanent legal access has been granted
by way of an easement from a public street.
vi) Where any form of dwelling is erected in conformity with a 'site plan agreement'; parts
of the lands affected by the 'site plan agreement' forms a 'common elements
condominium'; and, the balance of the lands affected by the 'site plan agreement' are
'parcels of tied land' with respect to that 'common elements condominium', no
provision of this By-law shall be deemed to be contravened by reason of the
conveyance of a 'parcel of tied land' upon which a dwelling unit is erected, provided
that all of the standards of this by-law are met for the lands as a whole, as set out in
Town of Newmarket Zoning By-law Consolidated August 2025 211
Exception
128
Zoning
(H)R4-
R-128
Map
18
By-Law Reference
OMB Decision
PL141386
File Reference
D7, D9, D12 & D14-NP13
16
the 'site plan agreement' and provided the 'common elements condominium' and the
'parcels of tied land' are contiguous.
vii) For clarity, 'parcel of tied land' means a parcel of land to which the common interest in
the 'common elements condominium' attaches as provided for in Subsection 139(2) of
the Condominium Act 1998 or a successor thereto for "parcels of tied land" has the
corresponding corporation as defined in the Condominium Act 1998 or a successor
thereto.
viii) For clarity, a 'site plan agreement' means an agreement entered into pursuant to
Section 41 of the Planning Act, R.S.O. 1990 or a successor thereto.
Town of Newmarket Zoning By-law Consolidated August 2025 212
Exception
129
Zoning
(H)R4-
R-129
Map
14
By-Law Reference
2015-61
File Reference
D9-NP 13 28, D12-NP
13 28, D14-NP 13 28
i) Location:
955-995 Mulock Drive
ii) Notwithstanding any other provision of Zoning By-law 2010-40, the following provisions
shall be applied to the lands subject to this by-law zoned R4-R-129:
a) Number of Townhouse units (maximum):
73
b) Lot Area minimum (Total Parcel):
2.18 Ha
c) Minimum Lot Frontage:
124.0 m
d) Lot Frontage on a private road (minimum):
5.5m per unit
e) Setback from South Property Line (Mulock Drive) (minimum): 3.0m
f) Setback from north property line (minimum):
38m
g) Setback from east property line (minimum):
7.5m
h) Setback from west property line (minimum):
7.5m
i) Setback from a garage to a private road (minimum): 5.5m
j) Setback from the front main wall of a building to a
private road (minimum):
4.5m
k) Setback from the side wall of a townhouse dwelling
to a private road (minimum):
3.0m
l) Maximum Lot Coverage
n/a
m) Maximum Building Height
11.0m (3 Storeys)
n) Building Separation (minimum):
3.0m
o) Permitted Encroachments:
Porches and bay windows shall be permitted to project into any minimum
side, front or rear setback not more than 1.5 metres.
Decks greater than 1.0 metre above average finished grade shall be
permitted to project from the rear of any townhouse dwelling unit not more
than 3.0 metres.
p) Minimum Outdoor off-street parking requirement:
1.0 space per dwelling
unit
q) Minimum Visitor Parking Spaces:
21 spaces
r) Maximum Driveway Width:
3.5m
s) Minimum Private Road Width:
6.2m
t) Minimum private amenity space:
330m²
Town of Newmarket Zoning By-law Consolidated August 2025 213
Exception
129
Zoning
(H)R4-
R-129
Map
14
By-Law Reference
2015-61
File Reference
D9-NP 13 28, D12-NP
13 28, D14-NP 13 28
u) Maximum width of an undivided entrance and/or exit ramp:
18m
v) Where any form of dwelling is erected in conformity with a 'site plan
agreement'; parts of the lands affected by the 'site plan agreement' forms a
'common elements condominium'; and, the balance of the lands affected by
the 'site plan agreement' are 'parcels of tied land' with respect to that
'common elements condominium', no provision of this By-law shall be
deemed to be contravened by reason of the conveyance of a 'parcel of tied
land' upon which a dwelling unit is erected, provided that all of the standards
of this by-law are met for the lands as a whole, as set out in the 'site plan
agreement' and provided the 'common elements condominium' and the
'parcels of tied land' are contiguous.
w) For clarity, 'parcel of tied land' means a parcel of land to which the common
interest in the common elements condominium attaches as provided for
under Subsection 139(2) of the Condominium Act 1998 or a successor
thereto for "parcels of tied land" has the corresponding plural meaning.
x) For clarity, 'common elements condominium' means a common elements
condominium corporation as defined in the Condominium Act 1998 or a
successor thereto.
y) For clarity, a 'site plan agreement' means an agreement entered into
pursuant to Section 41 of the Planning Act, R.S.O. 1990 or a successor
thereto.
Town of Newmarket Zoning By-law Consolidated August 2025 214
Exception
130
Zoning
(H) UC-R-130
Map
4
By-Law Reference
2016-35
File Reference
D14-NP-13-29
i) Location: 345 and 351 Davis Drive
ii) Legal Description: Plan 78 PT LOTS 29 TO 31 PT; Plan 78 PT LOTS 29
TO 31 PT, Town of Newmarket
iii) Use: Only a dwelling, stacked townhouse shall be permitted. For clarity,
more than twenty units are permitted on the site up to a maximum of 40 units,
and access to all second level units shall be from an interior stairway within the
stacked townhouse building which is accessed from an external stairway.
iv) Notwithstanding any other provision of the by-law, the following Development
Standards shall be applied to the lands subject to this by-law:
a) Minimum frontage: 44m
b) Maximum front yard setback: 6.0m
c) Minimum side yard setback: 1.75m
d) Minimum rear yard setback: 11.75m
e) Minimum separation distance between stacked townhouse buildings: 20.5m
f) Maximum building height: 14.2m
g) Minimum parking spaces: 50 spaces, as separated as follows: 40 spaces for
residents; 10 spaces for visitors.
h) Minimum barrier-free parking spaces: 2 parking spaces, to be counted as part
of the minimum 50 required parking spaces.
i) Minimum entrance/exit width: 7.5m
j) Loading space requirements: 1 loading space
k) Minimum floor space index: 1.0
l) Maximum floor space index: 1.40
m) Permitted Encroachments:
Steps, covered or uncovered, and below grade uncovered patios shall be
permitted to encroach a maximum of 3.10m into the required rear yard.
Steps, covered or uncovered, and below grade uncovered patios shall be
permitted to encroach a maximum of 3.90m into the separation distance
between the two stacked townhouse buildings.
Steps, covered or uncovered, landscaping, accessory structures for outdoor
residential amenity, and a staircase providing access to the underground
parking garage shall be permitted within the separation distance between the
two stacked townhouse buildings.
A staircase providing access to the underground parking garage shall be
permitted within the rear yard and shall be set back a minimum distance of
3.70m from the rear lot line.
Town of Newmarket Zoning By-law Consolidated August 2025 215
Exception
Zoning
Map
By-Law Reference
File Reference
131
EG-11
15
2017-23
D14-NP-16-03
i) Location: 1166 and 1186 Nicholson Road
ii) Development Standards:
a. Setback - A minimum of 12.0m rear yard shall be required, except that
no buildings shall be located closer to or nearer than 30m from the top
of bank of Bogart Creek or such lesser setback as approved by the
Lake Simcoe Region Conservation Authority.
b. Southwest corner - For greater certainty, only a paved parking surface
is permitted in the area zoned EG-11 on these lands that lie within the
30m erosional setback. No structures or additional net loading
(surcharge) is permitted.
iii) Permitted uses:
a. Accessory Outdoor storage shall also be permitted. Outdoor storage
shall not exceed 30% of the lot area and shall not be visible from a
street.
Town of Newmarket Zoning By-law Consolidated August 2025 216
Exception
132
Zoning
(H) R4-R-132
Map
5
By-Law Reference
2016-63
2021-71
File Reference
D14-NP-1220
D14-NP-2105
i) Location: 281 Main Street North
ii) Notwithstanding any other provision of the by-law, the following Development
Standards shall be applied to the lands subject to this by-law zoned R4-R-132:
a. Number of Townhouse units (maximum):
16
b. Intentionally Deleted (By-law 2021-71)
c. Lot Area minimum (Total Parcel):
0.539 Ha
d. Minimum Lot Frontage:
82.0m
e. Lot Frontage on a private road (minimum):
5.0m per unit
f. Setback from South line of the OS-EP zone (minimum):
2.8m
Setback from east line of the OS-EP zone (minimum): 1.0m
g. Setback from north property line for a townhouse (minimum): 1.4m
Setback from the north property line for a semi-detached
(minimum): 3.56m
h. Setback from east property line (minimum):
25.0m
i. Setback from west property line (minimum):
5.0m
j. Setback from a garage to a private road (minimum):
5.5m
k. Intentionally deleted (By-law 2021-71)
l. Maximum Lot Coverage:
50%
m. Maximum Building Height:
11.0m (3 storeys)
n. Permitted Encroachments:
For the most southern two units of Building C, balconies, rear porches,
decks and steps are permitted to have a 0 metre setback to the east
boundary line of the OS-EP Zone.
o. Minimum Outdoor off-street parking requirement:
1.0 space per
dwelling unit
p. Minimum Visitor Parking Spaces:
3 spaces
q. Minimum Barrier-Free Parking Spaces:
1 space
r. Minimum Driveway Width:
2.7m
s. Maximum Driveway Width:
3.5m
t. Minimum Driveway Length:
5.1m
Town of Newmarket Zoning By-law Consolidated August 2025 217
Exception
132
Zoning
(H) R4-R-132
Map
5
By-Law Reference
2016-63
2021-71
File Reference
D14-NP-1220
D14-NP-2105
u. Where any form of dwelling is erected in conformity with a 'site plan
agreement'; parts of the lands affected by the 'site plan agreement' forms a
'common elements condominium'; and, the balance of the lands affected by
the 'site plan agreement' are 'parcels of tied land' with respect to that
'common elements condominium', no provision of this By-law shall be
deemed to be contravened by reason of the conveyance of a 'parcel of tied
land' upon which a dwelling unit is erected, provided that all of the
standards of this by-law are met for the lands as a whole, as set out in the
'site plan agreement' and provided that the 'common elements
condominium' and the 'parcels of tied land' are contiguous.
v. For clarity, 'parcel of tied land' means a parcel pf land to which the common
interest in the common elements condominium attaches as provided under
Subsection 139(2) of the Condominium Act 1998 or a successor thereto for
"parcels of tied land" has the corresponding plural meaning.
w. For clarity, 'common elements condominium' means a common elements
condominium corporation as defined in the Condominium Act 1998 or a
successor thereto.
x. For clarity, a 'site plan agreement' means an agreement entered into
pursuant to Section 41 of the Planning Act, R.S.O. 1990 or a successor
thereto.
y. On a corner lot where a daylighting triangle or rounding has been
conveyed to the public authority, the exterior side lot line and the front
lot line shall be deemed to be the continued projection of the exterior side
lot line and the front lot line to a point of intersection, for the purposes of
calculating all required setbacks, lot area, and lot frontage requirements.
Town of Newmarket Zoning By-law Consolidated August 2025 218
Exception
135
Zoning
EM-135
Map
11
By-Law Reference
2017-11
File Reference
D14-NP16-05
i) Location: 507 Mulock Drive
ii) Legal Description: Part Block B, Plan 541 Newmarket Part 3 & 4, Newmarket
iii) The following uses are permitted in addition to those already permitted in the EM
zone:
a)Medical Clinic, to a maximum floor area of 150 sq. m
b) Medical Laboratory, to a maximum floor area of 600 sq. m
c) Pharmacy Ancillary Retail, to a maximum floor area of 800 sq. m
iv) Notwithstanding any other provision of Zoning By-law 2010-40, the following
development standards shall be applied to the lands subject to this by-law:
a)Minimum front yard setback: 6.0m
b)Minimum side yard setback (west) for a building greater than 15.1m in
height: 3.0m
c) Minimum landscape buffer (east) adjacent to residential areas: 4.3m
d)Minimum front yard landscape buffer: 4.0m
e) Minimum driveway/aisle width: 6.0m
f) Minimum parking requirements: a minimum of 137 parking spaces for
3784.46 sq. m of gross floor area
g) Minimum number of loading spaces: 1 space for 3784.46 sq. m of gross
floor area
h) Minimum width for a barrier-free parking stall: 3.9m (including the width of
the shared aisle with adjacent stall)
Exception
136
Zoning
R4-R-136
Map
10
By-Law Reference
2017-28
File Reference
D9-NP 16 16,
D14-NP 16 16
i) Location: 401-411 Botsford Street, 166-180 Church Street
ii) Legal Description: Lots 3, 4, 5, 18, 19, 20, and 21 Plan 31: Except Part 13 PL
65R224 and PT LT 22 PL 31 Being PTS 1 and 2 65R8174; Town of
Newmarket
iii) Notwithstanding any other provision of Zoning By-law, the following shall be
applied to the lands subject to this by-law:
a) Permitted Uses: Townhouse dwellings and accessory uses
b) Minimum Yard Setbacks for main townhouse dwellings (6
townhome block along Botsford Street)
Town of Newmarket Zoning By-law Consolidated August 2025 219
Exception
136
Zoning
R4-R-136
Map
10
By-Law Reference
2017-28
File Reference
D9-NP 16 16,
D14-NP 16 16
c) Minimum Yard Setbacks for main townhouse dwellings (8 townhome
block along Church Street)
d) Minimum Parking Spaces: 2 spaces per unit
e)Detached garages are permitted to be setback 0.0 metres from the rear
and side lot lines with the exception where a detached garage abuts an
existing residential lot, the setback shall be a minimum of 1.3 metres.
f) Window wells may encroach into the required front yard setback.
g) Steps located in the minimum rear yard shall have no required
setback
From Front Lot Line:
0.98 metres (along Botsford
Street)
From Rear Lot Line:
11 metres (with exception for end
unit on east side to be 0 metres)
From Side Lot Line:
0.9 metres (east)
From Exterior Side Lot Line:
0 metres (west)
From Front Lot Line:
0.8 metres
From Rear Lot Line:
11 metres
From Side Lot Line:
1.5 metres (south)
From Exterior Side Lot Line:
0 metres (north)
Exception
136
Zoning
R5-T-136
Map
10
By-Law Reference
2017-28
File Reference
D9-NP 16 16,
D14-NP 16 16
i) Location: 400 Park Avenue
ii) Legal Description: Lots 3, 4, 5, 18, 19, 20, and 21 Plan 31: Except Part 13 PL
65R224 and PT LT 22 PL 31 Being PTS 1 and 2 65R8174; Town of
Newmarket
iii) Notwithstanding any other provision of Zoning By-law, the following shall be
applied to the lands subject to this by-law:
a) Permitted Uses: a maximum of 11 apartment units, accessory uses
b) Minimum Parking Spaces: 1 space per unit and 0.25 space for visitor parking
c) Private driveway (aisle) width minimum: 6m
d) Sections 5.3.9 (Snow Storage Accommodation), 5.4.1 (Parking Lot
Location) and 5.4.3 (Location of Visitor Parking) shall not apply to the
lands subject to this By-law.
Town of Newmarket Zoning By-law Consolidated August 2025 220
Exception
137
Zoning
R4-R-137
Map
11
By-Law Reference
2017-44
File Reference
D9-NP 15 15,
D14-NP 15 15
i) Location: 260 Eagle Street
ii) Legal Description: Lots 12, 14, 15, 16, 17, 18, 19 and Part of Block D,
Registered Plan 371; Town of Newmarket
iii) Notwithstanding any other provision of Zoning By-law, the following shall be
applied to the lands subject to this by-law:
a) Permitted Uses: a maximum of 27 Townhouse dwellings and accessory uses
b) Lot Area minimum (Total Parcel):
0.54 Ha
c) Minimum lot Frontage (Cawthra Blvd.):
46 metres
d) Lot Frontage on private road:
7.8 metres per unit
e) Minimum Yard Setbacks for townhouse dwellings:
From Eagle Street:
2.0 metres
From south Lot Line:
4.25 metres
From west Lot Line:
2.0 metres
From east Side Lot Line:
2.0 metres
f) Setback from a garage to a private road:
5.75 metres
g) Minimum Lot Coverage:
n/a
h) Maximum Building Height:
11 metres (3 storeys)
i) Building Separation (minimum):
2.45 metres
j) Minimum Private Road Width:
6 metres
k) Minimum Parking Spaces: 2 external spaces per unit + 1 internal space per
unit
l) Steps located in the minimum front and rear yard shall have no required
setback
m) Section 5.5 v) and vi) (driveway location requirements) shall not apply
n) Minimum Driveway width accommodating two vehicles: 4.85 metres
o) Where any form of dwelling is erected in conformity with a 'site plan
agreement'; parts of the lands affected by the 'site plan agreement' forms a
'common elements condominium'; and, the balance of the lands affected by
the 'site plan agreement' are 'parcels of tied land' with respect to that
'common elements condominium', no provision of this By-law shall be
deemed to be contravened by reason of the conveyance of a 'parcel of tied
land' upon which a dwelling unit is erected, provided that all of the standards
of this By-law are met for the lands as a whole, as set out in the 'site plan
agreement' and provided the 'common elements condominium' and the
'parcels of tied land' are contiguous
Town of Newmarket Zoning By-law Consolidated August 2025 221
Exception
137
Zoning
R4-R-137
Map
11
By-Law Reference
2017-44
File Reference
D9-NP 15 15,
D14-NP 15 15
p) For clarity, 'parcel of tied land' means a parcel of land to which the common
interest in the common elements condominium attaches as provided for in
Subsection 139(2) of the Condominium Act 1998 or a successor thereto for
"parcels of tied land" has the corresponding plural meaning
q) For clarity, 'common elements condominium' means a common elements
condominium corporation as defined in the Condominium Act 1996 or a
successor thereto
r) For clarity, 'site plan agreement' means an agreement entered into pursuant
to Section 41 of the Planning Act, R.S.O. 1990 or a successor thereto
Exception
Zoning
Map
By-Law Reference
File Reference
138
EH-138
15
2017-47
NP-P-17-01
i) Location: 195 Harry Walker Parkway North
ii) Permitted Uses:
a. Office use shall also be permitted for a period of up to three (3) years
from the date of passing of the By-law.
b. Institutional Day Centre use shall also be permitted for a period of
up to three (3) years from the date of passing of the By-law.
Date of Passing: July 10, 2017
Town of Newmarket Zoning By-law Consolidated August 2025 222
Exception
139
Zoning
UC-HC2-139
Map
12
By-Law Reference
2018-04
File Reference
D14-NP17-02, D11-NP-17-02
i)
Location: 514 Davis Drive
ii)
Legal Description: Part of Lots 2, 3, 4, & 5, Plan 78 and Part Block F, Plan 262
iii)
Notwithstanding any other provisions of this By-law, the following
Development Standards shall be applied to the lands subject to this By-law:
a. Minimum interior side yard setback: 1.1m
b. Minimum rear yard setback: 0.5m
c. Maximum building height: 26m (five stories exclusive of the mechanical
roof)
d. Minimum entrance/exit width at property line: 6.7m
e. Minimum two-way parking aisle width: 6.0m
f. Loading space requirements: 1 loading space
g. Maximum floor space index (FSI): 1.5
h. Minimum floor space index (FSI): 1.3
i. An outdoor parking lot designed to accommodate 5 or more parking
spaces shall provide an area equivalent of 5% of the number of provided
surface parking spaces for the purposes of snow storage.
j. A landscaped buffer of 0.9m shall be provided around the parking lot in
the side yard and
k. A landscaped buffer of 1.9m shall be provided around the parking lot in the
rear yard.
l. There shall be no minimum height requirement for coniferous or
deciduous vegetative planting.
m. The outdoor parking lot shall be setback a minimum of 1.9m from the
rear yard and a minimum of 0.9m from the side yard.
iv)
Notwithstanding the definitions in Section 3, storey shall be defined as follows:
"Storey shall mean a level of building located between the surface of a floor and the
ceiling or roof immediately above it, and includes a mezzanine but does not
include a basement or cellar."
Town of Newmarket Zoning By-law Consolidated August 2025 223
Exception
140
Zoning
(H)UC-P-140
Map
4
By-Law Reference
2018-12
File Reference
D9-NP-17-14
i)
Location: 17645 Yonge Street - North of Davis Drive, East side of Yonge Street.
ii)
Legal Description: Part of Lot 96, Concession 1, East of Yonge Street, Town of
Newmarket (PIN 03578-0121 (LT)).
iii)
Prohibited Uses: waste disposal sites within the meaning of Part V of the
Environmental Protection Act, large (more than 10,000 L) non-agricultural source
material storage facilities, commercial fertilizer storage facilities, pesticide storage
facilities, road salt storage facilities, snow storage facilities, fuel storage, DNAPLs
storage (chemicals typically used by drycleaners), and organic solvent storage.
iv)
Development Standards
(H)UC-P-119
(a) Min. Yard Setbacks
From Front Lot Line (Yonge
Street):
0m
from the required widening of Yonge
Street to accommodate future
underground hydro.
From Rear Lot Line
(George Street):
From Interior East Lot Line:
Min. 0.5m
Min. 0m
From North Lot Line:
Min. 3m
From South Lot Line (Block
C):
From South Lot Line (Block
D):
Min. 2m
Min. 2m
(b) Max. Yard Setback
From Front Lot Line
(Yonge St.): From Rear Lot
Line (George St.):
Max. 3m subject to (v)
Max. 18m subject to (v)
(c) Max. Floor Space Index: 3.5 FSI based on the net lot area of the
property that is the subject of the zoning
amendment as described below in provision
(vi).
(d) Min. Floor Space Index: 1.5 FSI based on net land area described
below in provision (vi).
(e) Average Established
Grade
Geodedic Elevation 264.00
Town of Newmarket Zoning By-law Consolidated August 2025 224
Exception
140
Zoning
(H)UC-P-140
Map
4
By-Law Reference
2018-12
File Reference
D9-NP-17-14
(f) Max. Height:
Where height is in metres
and storeys, the
measurement in metres
from average established
grade shall prevail.
Phase One: 21 Floors excluding MPH - 70m
Phase Two: 19 Floors excluding MPH -
64m Phase Three:
High Density: 17 Floors excluding MPH -
58m Medium Density: 8 Floors excluding
MPH -30m
(g) Minimum Building Floor
Height Ground Floor:
5.5m per Storey (Yonge Street)
(h) Maximum Gross Floor
Plate for Towers
(measured above the 9th
floor)
820 m2
(i) Minimum distance
between Towers
(measured above the
9thfloor):
30m
(j) Max. Lot Coverage
calculated on the basis
of the Net Lot Area as
Established for FSI
Calculation for the
entire site:
80%
(k) Min. Parking
Requirement:
1 bedroom - 1.0 space per unit
2 bedroom - 1.25 spaces per unit
2 bedroom townhouse - 1.25 spaces per
unit
3 bedroom - 1.5 spaces per unit
Visitor - 0.15 spaces per unit
Commercial - 1 per 18 Sq. m. of GFA
(l) Loading Spaces
1 space minimum for Residential uses
1 space minimum for Commercial uses
Town of Newmarket Zoning By-law Consolidated August 2025 225
Exception
140
Zoning
(H)UC-P-140
Map
4
By-Law Reference
2018-12
File Reference
D9-NP-17-14
iv)
A greater setback from the lot lines shall be permitted where public and/or
private/public space is provided for a park, public square or outdoor plaza.
v)
Net lot area shall be calculated based on the entire property at the time of
application of the By-law amendment (September 2011), exclusive of the
Regional road widening on Yonge Street and the Town road widening on George
Street, land included in easements, lands provided for underground Hydro
utilization and lands provided for the purpose of Street B, including the day- light
triangle (along the southerly boundary of the property).
vi)
Step backs will be calculated from the building face of the podium and any
subsequent floors above the podium, where additional step backs apply.
vii)
Podium means the lower storeys of a building that defines the street edge or
public realm. The podium refers to the overall massing of this portion of the
building, and can be considered as the base of a building.
viii)
Minimum Building Floor Height: Minimum Building Floor Height of a storey shall
be measured as the portion of the building situated between the top of any floor
and the top of the floor next above.
ix)
Section 5.5 vii shall not apply.
x)
Special note (*3) of Section 6.4.1 shall not apply.
xi)
Sections 6.4.2 (notes *2-5) pertaining to terracing and setbacks shall not apply.
xii)
No provision of this by-law shall be deemed to be contravened by reason of any
land division or the conveyance of a parcel(s) upon which a building(s) is erected
provided that all of the standards of this by-law are met for the lands as a whole.
Town of Newmarket Zoning By-law Consolidated August 2025 226
Exception
141
Zoning
(H)R2-H-141; (H)R1-B-141;
(H)OS-2-141; (H)OS-EP-141
Map
4
By-Law Reference
2019-01
File Reference
D14-NP1703
i) Location: 172 & 178 Old Main Street
ii) Legal Description: Part of Lot 97, Concession 1, E.Y.S.
iii) Notwithstanding any other provisions of By-law 2019-01, the following Development
Standards shall be applied to the lands subject to By-law 2019-01:
R2-H-141
R1-B-141
a)
Min. Lot Area
400 m2
1300 m2
b)
Min. Lot Frontage
13.6 m
23.0 m
c)
Min. Front Yard
Main Building
Garage
4.5 m
6.0 m
9.0 m
n/a
d)
Min. Interior Side Yard
One Side
Other Side
1.5 m
1.2 m
1.2 m
4.2 m
e)
Min. Building Separation
2.7 m
n/a
f)
Min. Rear Yard
38 m
25 m
g)
Max. Building Height
11.0 m
10.7 m
h)
Min. Parking Spaces
2
2
i)
Min. Garage and Driveway Width
3.0 m
n/a
j)
Max. Garage and Driveway Width
6.1 m
9.0 m
k)
But the driveway width shall not exceed 50% of the required lot frontage
l)
An unenclosed porch, covered or uncovered, decks or balconies may project
2.0m into the required front yard. Steps may encroach 2.7m into the required
front yard
m)
An unenclosed porch, covered or uncovered, decks or balconies, including
steps, may encroach 0.6m into the required side yard.
n)
Of the two required parking spaces one may be provided within the garage.
The interior space of the garage must meet the minimum requirements for a
parking space - 2.6m by 5.5m.
o)
The minimum rear yard setback for the R2-H-141 and the R1-B-141 Zones will
be measured to the rear lot line and not to the nearest zone boundary.
p)
Pools are not permitted in the R2-H-141 and the R1-B-141 Zones.
iv) OS-2-141 Development Standards:
a)
Permitted Uses: Accessory buildings and structures in accordance with Section
4.1.2 and 4.2.
b)
The setback shall not apply where a side lot line extends from a common wall
dividing attached dwelling units.
c)
Pools are not permitted in the OS-2-141 Zone
Town of Newmarket Zoning By-law Consolidated August 2025 227
Exception
141
Zoning
(H)R2-H-141; (H)R1-B-141;
(H)OS-2-141; (H)OS-EP-141
Map
4
By-Law Reference
2019-01
File Reference
D14-NP1703
v) OS-EP-141 Development Standards:
a)
Permitted Uses: Conservation
b)
For purposes of this By-law the following definition shall apply:
c)
Conservation: Areas of land that contain ecological features, functions and/or
attributes that have been set aside solely for the purpose of preserving,
maintaining and/or enhancing the natural environment. Permitted activities in
areas set aside for conservation shall be limited to protection works, wildlife,
forestry and conservation management practices.
d)
No site re-grading shall be permitted.
e)
No buildings or structures shall be permitted in this zone, including pools.
f)
e) No accessory buildings and structures shall be permitted in this zone
whether or not accessory or ancillary to the uses permitted.
Exception
142
Zoning
EG-142
Map
15
By-Law Reference
2018-43
File Reference
D14-NP17-25
i)
Location: 285 Harry Walker Parkway South
ii)
Legal Description: Plan 65M2558, Part Lot 13, Plan RS65R20749, Parts 4, 8 and 9
iii)
Development Standards:
a. Building Height (maximum): 15m
b. Only in conjunction with the additional permitted use below, a Drive Aisle
Width (minimum) of 6 metres shall be permitted.
c. Only in conjunction with the additional permitted use below, the Parking Lot
shall be gated with restricted access.
iv)
Uses: A stand-alone Parking Lot with a maximum of 127 parking spaces shall also
be permitted.
v)
Prohibited Uses: Where used as a stand-alone Parking Lot, no parking of other
than maintenance vehicles and motor vehicles associated with the operation of
maintenance vehicles in conjunction with the York Region District School Board
Offices located at 300 Harry Walker Parkway South and 1260 Gorham Street shall
be permitted.
vi)
For the purposes of this Exception, a Parking Lot is defined as an open area,
other than a street, used for the temporary parking of 5 or more motor vehicles,
but does not include the storing of impounded or damaged vehicles or a salvage
yard.
Town of Newmarket Zoning By-law Consolidated August 2025 228
Exception
143
Zoning
R1-FX-1, R1-F-X2,
R2-H-X, R4-R-X1
and R4-R-X2
Map
4
By-Law
Reference
2018-17
File Reference
D9NP17-14
i) Location: 16200 and 16250 Yonge Street
ii) Legal Description: Part of Lot 87, Concession 1
iii) Development Standards
(*11) Driveway length shall be measured from the sidewalk edge closest to the dwelling or
structure on the lot to the front wall of the garage. Where there is no sidewalk, the minimum
driveway length shall be measured from the front wall of the garage to the pavement curb
edge closest to the dwelling or structure on the lot.
R1-F-X1
R1-F-X2
R2-H-X
R4-R-X1
R4-R-X2
Min Lot Area
265m2
200m2
400m2
160m2
160m2
Min Lot Frontage
9.7m
7.6m
13.6m
6m
6m
Minimum Front Yard
Setback
4m
4m
4m
4m
3m
Minimum Rear Yard
Setback
6m
6m
6m
6m
1.2m
Minimum Interior Side
Yard
Setback
0.6m
1.2m
0.6m
1.2m
0.6m
1.2m
1.5m (*X)
1.5m
Minimum Exterior
Side Yard Setback
3m
3m
3m
2.4m
2.4m
Min Building
Separation
1.2m
1.2m
1.2m
3m
3m
Max. Building Height
11m
11m
11m
12.6m
12.6m
Maximum Lot
Coverage
n/a
n/a
n/a
n/a
n/a
Minimum Driveway
Width
2.9m
2.9m
2.9m
2.9m
5m
Maximum Driveway
Width
5.5m
4m
4m
3.5m (*Y)
5m
Minimum Driveway
separation (unless
driveway is paired)
2.2m
Minimum Driveway
Length (*11)(*12)
10m
10m
10m
10m
6m
Maximum Porch
Encroachment
1.8m
1.8m
1.8m
1.8m
1.8m
Maximum Porch
Steps Encroachment
3m (front)
2.4m
(exterior)
3m (front)
2.4m
(exterior)
3m (front)
2.4m
(exterior)
3m (front)
1.8m
(exterior)
3m (front)
1.8m
(exterior)
Town of Newmarket Zoning By-law Consolidated August 2025 229
Exception
143
Zoning
R1-FX-1, R1-F-X2,
R2-H-X, R4-R-X1
and R4-R-X2
Map
4
By-Law
Reference
2018-17
File Reference
D9NP17-14
(*12) Notwithstanding the minimum required driveway length for a driveway adjacent to a
segmented garage door, where there is a double car garage with a segmented door, and a
double driveway of at least 5.5 metres in width, the minimum driveway length may be reduced
to 7.0 metres provided that the garage is setback a minimum of 1.5 metres from the front wall
of the dwelling unit.
(*X) On a lot that abuts a rear yard, an open space block or a servicing block, the minimum
interior side yard setback is 1.2m.
(*Y) On a corner lot, the maximum driveway width shall be 5.5m, but in no case be more than
65% of the lot frontage.
Exception
144
Zoning
(H)UC-
R-144
Map
10
By-Law
Reference
2018-49
File Reference
D14-NP17-20
i)
Location:
175 Deerfield Road and the Deerfield Road Right-of-Way
ii)
Legal
Description:
Pt Lt 5 Pl 32 Whitchurch; Pt Lt 6 Pl 32 Whitchurch As In
A39024A, A21661A Except Pt 1, Exprop Pl YR2224452;
Together With An Easement Over Pt Lt 4, Pl 32, Pts 3 &
4, 65R34936 As In YR2129520 Town Of Newmarket
Pt Lt 6 Pl 32 Whitchurch As In A21662A, Aka Deerfield
Road ; Town Of Newmarket
iii)
Notwithstanding Section 6.4.1, Live Work Unit and Stacked Townhouse shall
be permitted.
iv)
Notwithstanding the definition of "Lot" in Section 3, Parcel A and Parcel B as
shown in Schedule 1, are deemed one lot, regardless of the number of
buildings constructed thereon, the creation of separate units and/or lots by
way of a plan of condominium, consent, conveyance of private or public roads,
strata title arrangements, or other permissions, and any easements or
registrations that are granted, shall be deemed to comply with the provisions
of this By-law.
v)
Development Standards:
(a) Established grades for each
building identified on Schedule
"2" to this By- law:
Building 1 - 256.07 metres above sea-level
Building 2 - 258.71 metres above
sea-level
Building 3 - 254.92 metres above
sea-level
Town of Newmarket Zoning By-law Consolidated August 2025 230
Exception
144
Zoning
(H)UC-
R-144
Map
10
By-Law
Reference
2018-49
File Reference
D14-NP17-20
Notwithstanding the definition of "Height" in Section 3, height shall mean the
vertical distance measured between the average established grades as
identified for each building and the top of the building exclusive of mechanical
penthouse, parapets, green roofs, roof terraces, roof assemblies and stair
pop-ups structures.
(b) Building Height (minimum):
4 storeys (14 m)- Parcel A
3 storeys (11 m) - Parcel B
(c) Building Height (maximum): 12 storeys (38 m)- Parcel A
15 storeys (47 m)- Parcel A
subject to entering into an agreement
pursuant to Section 37 of the Planning Act
8 storeys (26 m)- Parcel B
10 storeys (32 m)- Parcel B
subject to entering into an agreement
pursuant to Section 37 of the Planning Act
(d) Floor Space Index
(minimum):
2.0 - Parcel A
1.5 - Parcel B
(e) Floor Space Index
(maximum):
2.5 - Parcel A
2.0 - Parcel B
(f) Floor Space Index
(discretionary maximum):
3.0 - Parcel A
subject to the lifting of holding provision
2.5 - Parcel B
subject to the lifting of holding provision
(g) Building setbacks shall be
as shown on Schedule "2" to
this By-law.
(i)
Notwithstanding required
setbacks and permitted
encroachments, structures
below established grades may
encroach into required yards
(h) Minimum loading
One (1) loading space shall be provided
for each building regardless of Gross Floor
Areas.
Town of Newmarket Zoning By-law Consolidated August 2025 231
Exception
144
Zoning
(H)UC-
R-144
Map
10
By-Law
Reference
2018-49
File Reference
D14-NP17-20
(i) Bicycle parking
Minimum 0.33 spaces per dwelling unit
within a building and
Minimum 0.1 spaces per dwelling unit
outside of a building
(j) Notwithstanding Section 5, no additional parking shall be required for units
on the first floor that include live-work units or commercial uses
(k) Notwithstanding Section 4, the following may also be permitted to encroach
into required yards:
Bollards, cornices, lighting fixtures, awnings, canopies, architectural
features, ornamental structures, parapets, trellises, terraces,
columns, guardrails, balustrades, railings, stairs, stair landings,
retaining walls, monitor wells, driveways, private roads, covered or
uncovered bicycle parking areas, walkways, patios, fences and
safety railings, accessibility ramps, safety or wind protection features,
landscape features, and other ornamental or accessory structures.
vi)
Conveyance
i) No provision of this by-law shall be deemed to be contravened by reason of
any land division or the conveyance of a parcel(s) upon which a building(s)
is erected provided that all of the standards of this by-law are met for
the lands as a whole.
vii)
Section 37 Provisions
(i) Pursuant to Section 37 of the Planning Act, and subject to compliance with
this By-law, the increase in height and density of the development is permitted
beyond that otherwise permitted on the lands shown as (H)UC-R-144 on
Schedule 1 of this By-law, in return for the provision by the owner, at the
owner's expense of the facilities, services and matters set out in Schedule 3
hereof and which are secured by one or more agreements pursuant to Section
37(3) of the Planning Act that are in a form and registered on title to the lands
to the satisfaction of the Municipal Solicitor.
(ii) Where Schedule 1 of this By-law requires the owner to provide certain
facilities, services or matters prior to the issuance of a building permit, the
issuance of such permit shall be dependent on satisfaction of the same.
(iii) The owner must not use, or permit the use of, a building or structure
erected with an increase in height and density pursuant to this exception,
unless the provisions of Schedule 3 of such By-law are satisfied.
Town of Newmarket Zoning By-law Consolidated August 2025 232
Exception
145
Zoning
(H) CS-145
Map
7
By-Law Reference
2018-51
File Reference
D14-NP-18-07
i)
Location:
18095 & 18099 Leslie Street
ii)
Permitted uses:
a. In addition to the uses permitted in the CS zone, the following uses are also
permitted:
i. Place of assembly
iii)
Development standards:
a. Notwithstanding any other provision of Zoning By-law 2010-40 as amended,
the following development standards are permitted:
i. Front yard setback: 2.5 metres
ii. Interior side yard setback: 3 metres
iii. Parking requirements:
1. Motor vehicle service shop: 1 space per 16 m2
b. Notwithstanding section 2.4 of By-law Zoning By-law 2010-40 as amended,
where the lands subject to this amending Zoning By-law are divided into two or
more zones, the zone boundary dividing the lot is not deemed to be a lot
line.
Exception
146
Zoning
CO-146
Map
12
By-Law Reference
1983-71
1988-138
2018-50
File Reference
i) Location:
482 Queen Street
ii) Development standards:
a. The permitted commercial floor area shall not be less than forty-five
square metres.
iii) Permitted uses:
Only the following uses are permitted: Medical Office or Office in conjunction
with a dwelling unit.
Town of Newmarket Zoning By-law Consolidated August 2025 233
Exception
147
Zoning
C01-147
Map
12
By-Law Reference
1983-70; 2018-50
File Reference
i)
Location:
64-66 Prospect Street
ii)
Development standards:
a. Where a residential use is combined with a commercial use, the minimum
floor area of any residential dwelling unit shall be 77m2.
iii)
Permitted uses:
a. Only the following uses are permitted: Medical Office or Office; and
b. Not more than two dwelling units.
Exception
148
Zoning
R1-B-148
Map
14
By-Law Reference
2018-50
File Reference
i)
Location:
852 Gorham Street
ii)
Permitted uses:
a. In addition to uses otherwise permitted, the following uses are permitted:
b. a Veterinary Clinic and a Veterinary Hospital
Exception
Zoning
Map
By-Law Reference
File Reference
149
OS-1-149
19
2019-54
NP-P-19-03
i) Location: part of 900 Mulock Drive/605 Fernbank Road
ii) Legal Description: part of Block 38 Plan 65M-4022
iii) Notwithstanding any other provisions of this By-law, a day nursery and related
administrative uses, and accessory community uses are also permitted on the
subject lands.
iv) For the subject lands, the definition of accessory community uses shall be: "Uses
incidental or subordinate to the principal use on the lands subject to OS-1-149
where facilities are provided on behalf of a government or non-profit organization
for community activities, such as, but not limited to: arts, crafts, recreational, social,
charitable and educational activities."
Town of Newmarket Zoning By-law Consolidated August 2025 234
Exception
151
Zoning
(H)R1-E-151
By-Law Reference
2022-49
File Reference
D14-NP1312
i)
Location: 16920 & 16860 Leslie Street - North of Mulock Drive, West of Leslie Street,
South of Gorham Street
ii)
Legal Description: Part Lot 31, Concession 2 Whitchurch; Pt E1/2 Lot 32 Concession 2
Whitchurch
iii)
Notwithstanding any other provision of the by-law to the contrary, the following provisions
shall apply to the lands zoned (H)R1-E-151 shown on Schedule '1' to By-law 2022-49
Development standards:
Zone Standard
(H)R1-E -151
(a) Min. Yard Setbacks
From Front Lot Line
6.0m
From Rear Yard Setback
6.0m
From Side Lot Line
0.6m
From Exterior Side Lot Line
1.2m
(b) Min. Lot Width
12.0m
(c) Min. Lot Depth
21.4m
(d) Max. Lot Coverage
65%
(e ) Min. Lot Area
300m2
(f) Max. Building Height
12.5m
(g) Max. Number of Storeys
3
(h) Permitted Front Yard
encroachment (porch and stairs)
3m
Town of Newmarket Zoning By-law Consolidated August 2025 235
Exception
152
Zoning
(H)R1-F-152
By-law Reference
2022-49
File Reference
D14-NP1312
i) Location: 16920 & 16860 Leslie Street - North of Mulock Drive, West of Leslie Street,
South of Gorham Street
ii) Legal Description: Part Lot 31, Concession 2 Whitchurch; Pt E1/2 Lot 32 Concession
2 Whitchurch
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned (H)R1-F -152 shown on Schedule '1' to By-
law 2022-49
Development standards:
Zone Standard
(H)R1-F- 152
(a) Min. Yard Setbacks
From Front Lot Line
6.0m
From Rear Yard Setback
7.5m
From Side Lot Line
0.6m
From Exterior Side Lot Line
1.2m
(b) Min. Lot Width
8.3m
(c) Min. Lot Depth
21.4m
(d) Max. Lot Coverage
55%
(e) Min. Lot Area
240m2
(f) Max. Building Height
10m
(g ) Max. Number of Storeys
3
(h) Permitted Front Yard
encroachment (porch and
stairs)
3m
Town of Newmarket Zoning By-law Consolidated August 2025 236
Exception
153
Zoning
(H)R1-CP-153
By-law Reference
2022-49
File Reference
D14-NP1312
i) Location: 16920 & 16860 Leslie Street - North of Mulock Drive, West of Leslie Street,
South of Gorham Street.
ii) Legal Description: Part Lot 31, Concession 2 Whitchurch; Pt E1/2 Lot 32 Concession
2 Whitchurch
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned (H)R1-CP-153 shown on Schedule '1' to By-
law 2022-49
Zone Standard
(H)R1-CP-153
(a) Min. Yard Setbacks
From Front Lot Line
3.0m
From Rear Yard Setback
5.5m
From Side Lot Line
0.6m
From Exterior Side Lot Line
1.2m
(b) Min. Lot Width
11m
(c ) Min. Lot Depth
22.4m
(d) Max. Lot Coverage
55%
(e) Min. Lot Area
240m2
(f) Max. Building Height
10m
(g) Max. Number of Storeys
3
(h) Permitted Front Yard
encroachment (stairs and
retaining wall)
3m
(i)
Rear Yard projection
(stairs)
1.5m
Town of Newmarket Zoning By-law Consolidated August 2025 237
Exception
154
Zoning
(H)-UC-P(154))
Map By-law Reference
2021-23
File Reference
D14-NP10-01
i)
Location: 17365 and 17395 Yonge Street
(H-UC-P(154))
Minimum and Maximum Parking for the
site
413 spaces
Development Standards:
a) Min Yard Setbacks
i) From front lot line
2.5m
ii) From rear lot line
23.0
iii) From side lot line
One Side (or exterior) - 6.0m
Other Side (or interior) - 6.5m
b) Max. Floor Space Index
2.64
c) Max Height
i) Apartment Building
40.1m (Established grade
274.45)
12 storeys
ii) Townhouse B-1/C-1
13.0m (Established grade
268.25)
iii) Townhouse B-2/C-2
10.0m (Established grade 270.0)
d) Min. Indoor Amenity Space
462m2
e) Min. Outdoor Amenity Space
762m2
f) Min. Loading Space Requirement
One (1) Space
i) Size of Loading Space
Width - 4.0m
Length - 13.0m
Vertical clearance 6.4m
g) Min. Long - Term Bicycle Parking
192 Spaces
h) Min. Short-Term Bicycle Parking
8 spaces
Town of Newmarket Zoning By-law Consolidated August 2025 238
Exception
155
Zoning
(H) R1-D- 155
Map
10
By-law Reference
2022-69
File Reference
D14 NP18-25
OLT: PL 190637
ii)
Location: 247 and 251 Kathryn Crescent.
iii)
Legal Description: All of Lot 16 and 17, Registered Plan 438 in the Town of
Newmarket
iv)
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R1-D-155 shown on Schedule 1 to By-law
2022-69.
v)
Development Standards:
a) Minimum Lot Frontage: 12.19 metres
b) Minimum Lot Area: 396m²
Exception
156
Zoning
(H)-R4-CP-156
By-law Reference
2023-44
File Reference
D14-NP11-09
i.
Location: 55 Eagle Street
ii.
Legal Description: PT Lots 2 & 3, PL 49 PTS 1,2,3 & 4, 65R27436, Except PTS
1,2,3,4,5,6,7, 65R30328; Newmarket; confirmed to southerly limit of PTS 1 & 2,
65R27436 BA236; S/T easement over PT 2, 65R27436 as in B43032B
iii.
Notwithstanding Section 6.2.1, the following uses shall also be permitted:
-
Dwelling, Triplex
-
Dwelling, Fourplex
-
Apartment Building
iv.
Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned (H)-R4-CP-156 shown on Schedule '1'
attached here to:
Development standards:
a) Minimum lot area (per unit) n/a
b) Minimum lot frontage n/a (*1) (*2) (*3)
c) Maximum lot coverage 66%
d) Minimum setback from Eagle Street 3.0 m (*4)
e) Minimum rear yard setback n/a
f) Minimum setback from a private road 1.5 m
Town of Newmarket Zoning By-law Consolidated August 2025 239
g) Minimum setback from a side lot line
-
Triplex , Fourplex, Quadruplex, Maisonette, Townhouse & Back-to-Back
Townhouse 2.4 m
-
Stacked Townhouse & Apartment 4.0 m
h) Minimum interior side yard setback
-
Triplex , Fourplex, Quadruplex, Maisonette, Townhouse & Back-to-Back
Townhouse 1.5 m (end unit)
-
Stacked Townhouse & Apartment 2.4 m
i) Maximum Height
-
Triplex , Fourplex, Quadruplex, Maisonette, Townhouse & Back-to-Back
Townhouse 11.0 m (3 storeys)
-
Stacked Townhouse 15.0 m (4 storeys)
-
Apartment Building 23.0 m (6 storeys)
j) Minimum exterior amenity space 2.0 square metres per unit
k) Minimum driveway width 2.9 m
l) Maximum driveway width (*5)
-
Single car garage 3.4 m
-
Double car garage 6.1 m
m) Minimum driveway Length (*6) 6.0 m
n) Maximum FSI 1.7
o) Minimum private road width 6.0m
p) Notwithstanding any other provision of this By-law to the contrary, a minimum structural
setback of 4.0 metres will be provided from the Open Space Zone west of the edge of
the zone and transition point as shown on Schedule "1" attached to By-law 2023-44.
The required structural setback can be averaged across the Open Space Zone as long
as the total area from the averaged setback is equal to or greater than the area that
would be provided should the minimum structural setback be applied consistently from
the Open Space Zone. No other setback from the Open Space Zone shall be required.
q) Notwithstanding section 4.14.1, the required Landscape Buffer for parking lots that
contain 5 or more parking spaces shall be a minimum of 1.5 metres wide.
r) Notwithstanding section 5.5 viii), the minimum width of entrance and/or exit driveways
at the street line shall be 6.0 metres. A right-in only, one-way entrance and/or exit
driveways may have a minimum width of 4.0 metres.
Town of Newmarket Zoning By-law Consolidated August 2025 240
s) Due to the potential for high water table and / or confined artesian aquifer conditions on-
site, any proposed underground parking will only be permitted if it is demonstrated
through a detailed hydrogeological assessment, prepared by a qualified professional, to
the satisfaction of York Region it can be supported.
t) For any other permitted residential use, not including apartment dwellings, one (1) level
of basement is permitted. Any proposed basement deeper than one (1) level will only
be permitted if it is demonstrated through a detailed hydrogeological assessment,
prepared by a qualified professional, to the satisfaction of York Region it can be
supported.
u) Where any form of dwelling is erected in conformity with a 'site plan agreement'; parts
of the lands affected by the 'site plan agreement' forms a 'common elements
condominium'; and, the balance of the lands affected by the 'site plan agreement' are
'parcels of tied land' with respect to that 'common elements condominium', no provision
of this By-law shall be deemed to be contravened by reason of the conveyance of a
'parcel of tied land' upon which a dwelling unit is erected, provided that all of the
standards of this by-law are met for the lands as a whole, as set out in the 'site plan
agreement' and provided the 'common elements condominium' and the 'parcels of tied
land' are contiguous.
v) For clarity, 'parcel of tied land' means a parcel of land to which the common interest in
the common elements condominium attaches as provided for under Subsection 139(2)
of the Condominium Act 1998 or a successor thereto for "parcels of tied land" has the
corresponding plural meaning.
w) For clarity, 'common elements condominium' means a common elements condominium
corporation as defined in the Condominium Act 1998 or a successor thereto.
x) For clarity, a 'site plan agreement' means an agreement entered into pursuant to
Section 41 of the Planning Act, R.S.O. 1990, or a successor thereto.
(*1) The maximum number of Townhouse Units in 1 block shall not exceed 9 units.
(*2) The maximum number of Back-to-Back Townhouse units in 1 block shall not exceed 20
units total (10 on each side).
(*3) A minimum width of 5.9 metres will be provided for each individual Townhouse, Stacked
Townhouse or Back-to-Back Townhouse Unit.
(*4) Direct driveway access to individual dwelling units or driveways from Eagle Street is not
permitted. Buildings or Townhouses adjacent to Eagle Street must direct the principal entry
directed towards Eagle Street. Access to parking and garages must be provided internal to the
site from a Private Road.
(*5) A driveway shall be located a minimum of 0.6 metres from the side lot line. Mutual
driveways are permitted for two single car garage units with zero separation required. Any
structural and/or decorative feature shall be permitted to encroach no more than 0.4 metres
into the minimum driveway width.
(*6) Driveway length shall be measured from the sidewalk edge closest to the dwelling or
structure on the lot to the front wall of the garage. Where there is no sidewalk, the minimum
driveway length shall be measured from the front wall of the garage to the pavement curb
Town of Newmarket Zoning By-law Consolidated August 2025 241
edge closest to the dwelling or structure on the lot.
Exception
157
Zoning
(H)-R4-CP-157
By-law Reference
2023-44
File Reference
D14-NP11-09
ii.
Location: 55 Eagle Street
iii.
Legal Description: PT Lots 2 & 3, PL 49 PTS 1,2,3 & 4, 65R27436, Except PTS
1,2,3,4,5,6,7, 65R30328; Newmarket; confirmed to southerly limit of PTS 1 & 2,
65R27436 BA236; S/T easement over PT 2, 65R27436 as in B43032B
v.
Notwithstanding Section 6.2.1, the following uses shall also be permitted:
-
Dwelling, Triplex
-
Dwelling, Fourplex
vi.
Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned (H)-R4-CP-157 shown on Schedule '1'
attached here to:
Development standards:
a) Minimum lot area (per unit) 105 sq. m.
b) Minimum lot frontage n/a (*1) (*2) (*3)
c) Maximum lot coverage 66%
d) Minimum setback from Eagle Street 3.0 m (*4)
e) Minimum rear yard setback n/a
f) Minimum setback from a private road 1.5 m
g) Minimum setback from a side lot line 2.4 m
h) Minimum interior side yard setback 1.5 m (end unit)
i) Maximum Height 11.0 m (3 storeys)
j) Minimum exterior amenity space 2.0 square m per unit
k) Minimum driveway width 2.9 m
l) Maximum driveway width (*5)
-
Single car garage 3.4 m (*5)
-
Double car garage 6.1 m (*6)
Town of Newmarket Zoning By-law Consolidated August 2025 242
m) Minimum driveway Length (*6) 6.0 m (*6)
n) Maximum FSI n/a
o) Minimum private road width 6.0m (*7)
p) Notwithstanding any other provision of this By-law to the contrary, a minimum structural
setback of 4.5 metres will be provided from the Open Space Zone east of zone
boundary and transition point as shown on Schedule "1" attached to By-law 2023-44.
The required structural setback can be averaged across the Open Space Zone as long
as the total area from the averaged setback is equal to or greater than the area that
would be provided should the minimum structural setback be applied consistently from
the Open Space Zone. A structural setback shall not be required from the Open Space
Zone from the eastern edge of the property to 11.78 metres to the west as illustrated on
Schedule "1" attached hereto. No other setback from the Open Space Zone shall be
required.
q) Notwithstanding section 4.14.1, the required Landscape Buffer for parking lots that
contain 5 or more parking spaces shall be a minimum of 1.5 metres wide.
r) Notwithstanding section 5.5 viii), the minimum width of entrance and/or exit driveways
at the street line shall be 6.0 metres. A right-in only, one-way entrance and/or exit
driveways may have a minimum width of 4.0 metres.
s) Due to the potential for high water table and / or confined artesian aquifer conditions on-
site, any proposed underground parking will only be permitted if it is demonstrated
through a detailed hydrogeological assessment, prepared by a qualified professional, to
the satisfaction of York Region it can be supported.
t) For any other permitted residential use, not including apartment dwellings, one (1) level
of basement is permitted. Any proposed basement deeper than one (1) level will only
be permitted if it is demonstrated through a detailed hydrogeological assessment,
prepared by a qualified professional, to the satisfaction of York Region it can be
supported.
u) Where any form of dwelling is erected in conformity with a 'site plan agreement'; parts
of the lands affected by the 'site plan agreement' forms a 'common elements
condominium'; and, the balance of the lands affected by the 'site plan agreement' are
'parcels of tied land' with respect to that 'common elements condominium', no provision
of this By-law shall be deemed to be contravened by reason of the conveyance of a
'parcel of tied land' upon which a dwelling unit is erected, provided that all of the
standards of this by-law are met for the lands as a whole, as set out in the 'site plan
agreement' and provided the 'common elements condominium' and the 'parcels of tied
land' are contiguous.
v) For clarity, 'parcel of tied land' means a parcel of land to which the common interest in
the common elements condominium attaches as provided for under Subsection 139(2)
of the Condominium Act 1998 or a successor thereto for "parcels of tied land" has the
corresponding plural meaning.
w) For clarity, 'common elements condominium' means a common elements condominium
Town of Newmarket Zoning By-law Consolidated August 2025 243
corporation as defined in the Condominium Act 1998 or a successor thereto.
x) For clarity, a 'site plan agreement' means an agreement entered into pursuant to
Section 41 of the Planning Act, R.S.O. 1990, or a successor thereto.
(*1) The maximum number of Townhouse Units in 1 block shall not exceed 9 units.
(*2) The maximum number of Back-to-Back Townhouse units in 1 block shall not exceed 20
units total (10 on each side).
(*3) A minimum width of 5.9 metres will be provided for each individual Townhouse, Stacked
Townhouse or Back-to-Back Townhouse Unit.
(*4) Direct driveway access to individual dwelling units or driveways from Eagle Street is not
permitted. Buildings or Townhouses adjacent to Eagle Street must have their principal entry
directed towards Eagle Street. Access to parking or a garage must be provided in the rear via
a shared driveway to Eagle Street.
(*5) A driveway shall be located a minimum of 0.6 metres from the side lot line. Mutual
driveways are permitted for two single car garage units with zero separation required. Any
structural and/or decorative feature shall be permitted to encroach no more than 0.4 metres
into the minimum driveway width.
(*6) Driveway length shall be measured from the sidewalk edge closest to the dwelling or
structure on the lot to the front wall of the garage. Where there is no sidewalk, the minimum
driveway length shall be measured from the front wall of the garage to the pavement curb
edge closest to the dwelling or structure on the lot.
(*7) Right in only, one-way entrance off Eagle Street may have a minimum width of 4.0 metres.
Exception
157
Zoning
R1-D-157
By-Law Reference
2022-53
File Reference
D14NP1902
i.
Location: South side of Sykes Road and north side of Alex Doner Drive (south leg),
south side of Alex Doner Drive (north leg).
ii.
Legal Description: Lots 1-5 and 6-10 on Draft Plan 19TN-2021-001; and Lot 1 Plan
65M-4587
iii.
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R1-D-157 shown on Schedule '1' attached to
By-law 2022-53
Development standards:
a. Minimum Lot Area: for Lots 1-5 shall be 475 m2
b. Minimum Lot Frontage for Lot 1, Plan 65M-4587 shall be 14.0m
c. Minimum Exterior Side Yard for Lot 1, Plan 65M-4587 shall be 3.0m
d. Minimum Interior Side Yard for Lot 10 shall be 7.5m abutting 362 and 364 Amberlee
Court
Town of Newmarket Zoning By-law Consolidated August 2025 244
Exception
158
Zoning
R1-D-158
By-law Reference
2022-53
File Reference
D14NP1902
i.
Location: South of Alex Doner Drive, west and north of Kirby Crescent
ii.
Legal Description: Blocks 11 and 12
iii.
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R1-D-158 shown on Schedule '1' attached to
By-law 2022-53
Development standards:
a. Minimum Lot Frontage: 14.0m
b. Minimum Yard Setback from Front Lot Line: 7.0m
c. Minimum Yard Setback from Rear Lot Line: 8.0m, except that on any lot abutting 369-
385 Amberlee Crt or 327-351 Alex Doner Dr, the minimum Yard Setback from the Rear
Lot Line shall be 15.0m.
d. Minimum Yard Setback from Exterior Lot Line: 3.0m
Provided further that on any Lot abutting 369-385 Amberlee Court or 327-351 Alex Doner
Drive or 449-463 Alex Doner Drive the following additional provisions shall apply:
a) Maximum height: 9.0m (1.5 storeys) which may include loft space exceeding 3.6m in
height.
b) Decks
I.
Maximum height: 2.0m
II.
Maximum permitted encroachment in required rear yard: 3.6m
Provided further that on any lot abutting 415-431 Alex Doner Drive the following provision shall
apply:
a) Maximum height: 10.5m
Exception
159
Zoning
R4-N-159
By-law Reference
2022-53
File Reference
D14NP1902
i.
Location: South of Sykes Road, east of Bathurst Street
ii.
Legal Description: Block 13
iii.
Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R4-N-159 shown on Schedule '1' attached
to By-law 2022-53
Development standards:
a. Minimum lot area per dwelling unit: 240m2
b. Minimum lot frontage: 30.0m per total parcel, with a minimum frontage on a common
driveway of 5.5m per dwelling unit
c. Minimum Yard Setback from a Public Road: 4.0m
d. Minimum Yard Setback from any other lot line: 3.0m
e. Minimum building separation: 3.0m
f. Maximum Lot Coverage of Block: 35%
g. Maximum height: 11.0m (3 Storeys)
iv.
All units within 12m of Bathurst Street or Sykes Road shall have a front entry door, but
no garage, facing the public road and a second entry with garage facing an interior
private road.
v.
Parking shall be calculated based on the entire Block/Condominium Development and
not on an individual lot basis.
Town of Newmarket Zoning By-law Consolidated August 2025 245
Exception
160
Zoning
(H)R4-CP-160
By-law Reference
2022-49
File Reference
D14-NP1312
i) Location: 16920 & 16860 Leslie Street - North of Mulock Drive, West of Leslie Street,
South of Gorham Street.
ii) Legal Description: Part Lot 31, Concession 2 Whitchurch; Pt E1/2 Lot 32 Concession
2 Whitchurch
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned (H)R4-CP-160 shown on Schedule '1' to By-
law 2022-49
Zone Standards
(H)R4-CP-160
(a) Min. Yard Setbacks
From Front Lot Line
4.5m
From Rear Yard Setback
6.0m
From Side Lot Line
1.5m
From Exterior Side Lot
Line
3.0m
(b) Min. Lot Width
5.5m
(c ) Min. Lot Depth
29m
(d) Max. Lot Coverage
65%
(e ) Min. Lot Area
159.5m2
(g) Max. Building Height
12.5m
(h) Max. Number of Storeys
3
(i) Front Yard projections
(porch and stairs)
3.5m
Town of Newmarket Zoning By-law Consolidated August 2025 246
Exception
161
Zoning
(H)R4-CP-161
By-law Reference
2022-49
File Reference
D14-NP1312
i) Location: 16920 & 16860 Leslie Street - North of Mulock Drive, West of Leslie Street,
South of Gorham Street.
ii) Legal Description: Part Lot 31, Concession 2 Whitchurch; Pt E1/2 Lot 32 Concession
2 Whitchurch
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned (H)R4-CP-161 shown on Schedule '1' to By-
law 2022-49
Zone Standards
(H)R4-CP-161
(a) Min. Yard Setbacks
From Front Lot Line
2.25m
From Rear Yard Setback
0.0m
From Side Lot Line
0.0m
From Exterior Side Lot Line
1.5m
From Interior Side Lot Line
1.5m
(b) Min. Lot Width
3m
(c) Min. Lot Depth
11.85m
(d) Max. Lot Coverage
N/A
(e) Min. Lot Area
N/A
(f) Max. Building Height
12.5m
(g) Max. Number of Storeys
3
Town of Newmarket Zoning By-law Consolidated August 2025 247
Exception
162
Zoning
R1-HCP-162
By-law Reference
2022-49
File Reference
D14-NP1312
i) Location: 16920 & 16860 Leslie Street - North of Mulock Drive, West of Leslie Street,
South of Gorham Street. Specifically to the existing heritage house.
ii) Legal Description: Part Lot 31, Concession 2 Whitchurch; Pt E1/2 Lot 32 Concession
2 Whitchurch
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned (H)R1-HCP-162 shown on Schedule '1' to
By-law 2022-49
Zone Standard
(H)R1-HCP-162
(Shall apply to the existing
heritage house)
(a) Min. Yard Setbacks
From Front Lot Line
2.4m
From Rear Yard Setback
7m
From Side Lot Line
1.5m
(b) Min. Lot Width
18m
(c) Min. Lot Depth
22.4m
(d) Max. Lot Coverage
35%
(e) Min. Lot Area
400m2
(f) Max. Building Height
10m
(g) Max. Number of Storeys
3
(h) Permitted Front Yard
encroachment (stairs and
retaining wall)
2.4m
(i) Permitted Rear Yard
encroachment (stairs)
1.5m
Town of Newmarket Zoning By-law Consolidated August 2025 248
Exception
163
Zoning
(H)CS-163
Map
7
By-Law Reference
2023-05
File Reference
D14-NP19-10 (ZBA)
i)
Location:
1095 Stellar Drive
ii)
Legal
Description:
PCL 3-4, SEC EG3 (EYS); PT LT 3, CON 3 (NEG), PT 6
& 8, 65R7640, T/W PT 1 65R7640, UNTIL SUCH TIME
AS THE SAME HAS BEEN DEDICATED FOR ROAD
PURPOSES; S/T LT240007E NEWMARKET
iii)
Permitted
Uses:
Place of Worship, Day Nursery, and Accessory uses
iv)
Definitions:
Front Lot Line: For the purposes of this site, Stellar Drive
is considered the Front Lot Line
v)
Notwithstanding any other provision of this by-law, the following
Development Zone Standards shall be amended and applied to the lands
subject to this by-law:
a.
Min. Side
Yard Setback
- 3.0 metres (Interior Side Yard)
vi)
Notwithstanding any other provision of this bylaw, the following General
Provisions shall be amended and applied to the lands subject to this by-
law:
a.
Landscape
buffer for
Parking Lots
Notwithstanding Section 4.14.1.i)
- The landscape buffer area along the periphery of
the parking lot adjacent to the north property line
shall be at least 2.0 metres wide (for an extension
of 78.9 m from the north-west corner of the
property to the east); and Nil for the further portion
of the parking lot to the east (for an extension of
38.3m)
- The landscape buffer area along the periphery of
the parking lot adjacent to the East property line
shall be at least 2.0 metres wide
- The landscape buffer area along the periphery of
the parking lot adjacent to the property line along
the daylight triangle shall be Nil.
b.
Garbage and
Waste
Management
- Notwithstanding clauses as part of Section 4.23 i)
[ii]
A structure primarily used for garbage containment,
or a garbage enclosure may be located in the rear
yard abutting an existing Institutional Zone.
vii)
Notwithstanding any other provision of this bylaw, the following Parking
Requirements shall be amended and applied to the lands subject to this
by-law:
a.
Parking
Requirements
Minimum Parking Required:
76 Parking Spaces, including Barrier Free Parking.
viii)
Notwithstanding any other provision of this bylaw, the following Parking,
Loading and Queuing Requirements shall be amended and applied to the
lands subject to this by-law:
a.
Loading
Spaces
Notwithstanding clauses as part of Section 5.6.1
Loading Spaces shall not be required
Town of Newmarket Zoning By-law Consolidated August 2025 249
Exception
164
Zoning
R4-R-164
Map
6
By-law Reference
2023-15
File Reference
D14-NP18-22
i)
Location: North side of Davis Drive and west side of Hamilton Drive (1015, 1025,
1029 Davis Drive, and 22 Hamilton Drive)
ii)
Legal Description: Lots 6 to 9 Inclusive and Lot 20 Plan 385
iii)
Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R4-R-164 shown on Schedule '1' to By-
law 2023-15
Development standards:
a) Minimum lot area (per unit)
n/a
b) Number of townhouse units (maximum)
24
c) Number of semi-detached units (maximum)
4
d) Lot frontage on a private road (minimum)
5.5 m
e) Setback from south property line (Davis Drive)
(minimum)
3.0 m
f) Setback from north property line (minimum)
10.0 m
g) Setback from east property line (Hamilton Drive)
(minimum)
3.0 m
h) Setback from west property line (minimum)
1.4 m
i) Setback from a garage to private road (minimum)
5.5 m
j) Setback from the front main wall of a building to a
private road (minimum)
5.5 m
k) Setback from the side wall of a townhouse dwelling
to a private road (minimum)
1.2 m
l) Maximum Lot Coverage (excl. road widening)
35%
m) Maximum Building Height (including rooftop access
enclosure and mechanical penthouse)
3 storeys - 13.9 m
2 storeys - 11 m
n) Building Separation (minimum)
2.0 m
o) Permitted Encroachments
Balconies, canopies, and bay windows are permitted to project a maximum of 1.5
metres from a main building wall. Balconies, canopies, and bay windows are not
permitted to encroach into the required setback on the west property line.
Town of Newmarket Zoning By-law Consolidated August 2025 250
Exception
164
Zoning
R4-R-164
Map
6
By-law Reference
2023-15
File Reference
D14-NP18-22
Decks, porches, and exterior stairs shall be permitted to project from the front and
rear of any townhouse dwelling not more than 3.0 metres.
p) Minimum off-street parking requirement (outside of
the garage)
1.5 spaces per townhouse
unit and 0.25 spaces per
unit for visitors
2.0 spaces per semi-
detached unit
q) Minimum Visitor Parking Area
6 visitor spaces total
(including 1 barrier free
space)
r) Setback to Visitor Parking Area from Side Lot Line
(minimum)
3.0 metres
s) Minimum private road width
6.0 metres
t) The rooftop enclosure is permitted to occupy a maximum of 48% of the roof area.
u) The minimum required width of a landscape buffer shall be 1.4 metres, where the
interior side lot line of a R4 or R5 Zone abuts a lower density Residential Zone
(west property line only).
v) The minimum required parking spaces per dwelling unit may be located on the
parcels of tied land (POTL) or within the common element condominium block.
w) Where any form of dwelling is erected in conformity with a 'site plan agreement';
parts of the lands affected by the 'site plan agreement' forms a 'common elements
condominium'; and, the balance of the lands affected by the 'site plan agreement'
are 'parcels of tied land' with respect to that 'common elements condominium', no
provision of this By-law shall be deemed to be contravened by reason of the
conveyance of a 'parcel of tied land' upon which a dwelling unit is erected,
provided that all of the standards of this by-law are met for the lands as a whole,
as set out in the 'site plan agreement' and provided the 'common elements
condominium' and the 'parcels of tied land' are contiguous.
x) For clarity, 'parcel of tied land' means a parcel of land to which the common
interest in the common elements condominium attaches as provided for under
Subsection 139(2) of the Condominium Act 1998 or a successor thereto for
"parcels of tied land" has the corresponding plural meaning.
y) For clarity, 'common elements condominium' means a common elements
condominium corporation as defined in the Condominium Act 1998 or a successor
thereto.
z) For clarity, a 'site plan agreement' means an agreement entered into pursuant to
Section 41 of the Planning Act, R.S.O. 1990 or a successor thereto.
Town of Newmarket Zoning By-law Consolidated August 2025 251
Exception
165
Zoning
(H) R2-H-165
Map
6
By-law Reference
2023-30
File Reference
D14-NP17-12
i)
Location: North side of Davis Drive and west side of Leslie Street (1038 and 1040
Jacarandah Drive)
ii)
Legal Description: Part E1/4 Lot 3, Concession 2, East Gwillimbury Being Parts 1
&2 on Plan 65R3055, Town of Newmarket
iii)
Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R2-H-165 shown on Schedule '1' to By-
law 2023-30
Development standards:
a) Number of semi-detached units
(maximum)
20
b) Number of single-detached units
(maximum)
3
c) Setback from south property line
(minimum)
5.0 m
d) Setback from north property line
(Jacarandah Drive) (minimum)
2.4 m
e) Setback from the east property line
(minimum)
Notwithstanding provision (e) above,
where the side yard of a building abutting
the east property, the setback shall be a
minimum of 1.8m
4.5 m
f) Setback from west property line
(minimum)
Notwithstanding provision (f) above,
where the side yard of a building abutting
the west property, the setback shall be a
minimum of 2.4m
5.0 m
g) Setback from a garage to private road
(minimum)
5.5 m
h) Setback from the front main wall of a
building to a private road (minimum)
2.5 m
Town of Newmarket Zoning By-law Consolidated August 2025 252
Exception
165
Zoning
(H) R2-H-165
Map
6
By-law Reference
2023-30
File Reference
D14-NP17-12
i) Building Separation (minimum)
1.2 m
j) Setback from the side wall of a dwelling to
a private road (minimum)
1.2 m
k) Maximum Lot Coverage for the subject
lands
50%
l) Maximum Building Height
3 storeys - 10.5 m
m) Permitted Encroachments
Balconies are permitted to project from the second storey a
maximum of 1.0 metre into the rear yards of each unit.
Balconies are not permitted to project from the rear wall of
for the units adjacent to the southern property line.
Decks are only permitted to project from the first storey a
maximum of 2.0 metres from the first storey rear wall of
each unit.
Porches are permitted to project a maximum of 1.0 metre
from the front wall of any unit including eaves, cornices,
and steps but no closer than 1.5 metres to the lot line.
n) Minimum private road width
6.0 metres
o) Minimum driveway width (per unit)
5.3 metres
p) Maximum driveway width (per unit)
6.0 metres
q) Where any form of dwelling is erected in conformity with a
'Draft Plan of Subdivision'; parts of the lands affected by
the 'Draft Plan of Subdivision' forms a 'common elements
condominium'; and, the balance of the lands affected by
the 'Draft Plan of Subdivision' are 'parcels of tied land'
with respect to that 'common elements condominium', no
provision of this By-law shall be deemed to be
contravened by reason of the conveyance of a 'parcel of
tied land' upon which a dwelling unit is erected, provided
that all of the standards of this by-law are met for the
lands as a whole, as set out in the 'Draft Plan of
Town of Newmarket Zoning By-law Consolidated August 2025 253
Exception
165
Zoning
(H) R2-H-165
Map
6
By-law Reference
2023-30
File Reference
D14-NP17-12
Subdivision' and provided the 'common elements
condominium' and the 'parcels of tied land' are
contiguous
r) For clarity, 'parcel of tied land' means a parcel of land to
which the common interest in the common elements
condominium attaches as provided for in Subsection
139(2) of the Condominium Act 1998 or a successor
thereto for "parcels of tied land" has the corresponding
plural meaning
t) For clarity, 'common elements condominium' means a
common elements condominium corporation as defined
in the Condominium Act 1998 or a successor thereto.
u) For clarity, a 'Draft Plan of Subdivision' means an
agreement entered into pursuant to Section 41 of the
Planning Act, R.S.O. 1990 or a successor thereto.
Exception
166
Zoning
R4-S
File Reference
MZO Ontario Regulation
298/24
835 Gorham Street (Minster's Zoning Order, July 12, 2024)
The following uses are permitted on the lands (835 Gorham Street):
a) Stacked townhouse, which is a residential building containing a minimum of four and a
maximum of 14 units that meets the following requirements:
i) The building shall have a maximum length of 60 metres.
ii) Not more than half of all dwelling units shall be on the ground floor.
iii) The dwelling units shall be attached to adjoining units.
iv) Access to all second and third level units shall be from an interior stairway
accessible from grade and within the building.
b) Transitional housing, which is housing that offers temporary or longer-term housing to
individuals and families.
c) Emergency housing, which is housing the provides temporary accommodation to
individuals and families who are in immediate need of accommodation and support
services.
Town of Newmarket Zoning By-law Consolidated August 2025 254
d) Accessory uses, buildings and structures.
The zoning requirements set out in Section 6.2.2 and 6.2.3 of the Zoning By-law apply to the
lands (835 Gorham Street), with the following exceptions:
a) The minimum yard setbacks above grade to the boundaries of the lands described for
a building or structure are as follows:
i) 2.4 metres from the south lot line.
ii) 2.0 metres from the west lot line.
iii) 1.2 metres from the north lot line.
b) No setback from the lot line is required from a lane or parking aisle.
c) There is no maximum lot coverage.
d) A driveway entrance from Gorham Street is permitted to have a minimum width at the
street line of 6.0 metres.
e) The minimum lot frontage shall be 25m.
In addition to the zoning requirements set out in the subsection above, the following zoning
requirements apply to the lands (835 Gorham Street):
a) There is no minimum setback requirement for eaves, eavestroughs, gutters or similar
features.
b) There is no minimum building setback or minimum building separation requirement for
any portion of a building or structure below the finished ground surface.
c) The parking requirements are as follows:
i) Parking is to be supplied at a rate of one parking space per dwelling unit,
inclusive of a minimum of one barrier-free parking space.
ii) There are no requirements for visitor, office or accessory use parking spaces.
iii) Parking is permitted in the rear and interior yards, and additional parking can
be provided off-site.
iv) There are no requirements for the provision of bicycle parking spaces.
d) Landscape buffers shall be 1 metre wide and inclusive of any walkways or driveways
required for connectivity and located around the periphery of the building and parking lot.
e) One driveway entrance is permitted.
Sections 4.23 and 5.3.9, Section 5.4.1 ii) and iii) and Sections 5.5 and 5.6 of the Zoning By-
law do not apply to the lands (835 Gorham Street).
Town of Newmarket Zoning By-law Consolidated August 2025 255
Exception
167
Zoning
(H)R4-R-167)
Map
14
By-law Reference
2023-39
File Reference
D14-NP20-15
i)
Location: North side of Mulock Drive and west side of Leslie Street (415 Pickering
Crescent)
ii)
Legal Description: Block 34 on Plan 65M-2836, Town of Newmarket
iii)
Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned (H)R4-R-167 shown on Schedule '1' to
By-law 2023-39
Permitted Uses: Common Element Condominium Townhouse Units
Development standards:
a) Number of townhouse units
(maximum)
24
b) Lot Area minimum (Total
Parcel)
c) Minimum Lot Frontage
0.65 ha
17m
d) Lot Frontage per unit on a
private road (minimum):
e) Setback from south property
line (minimum)
Notwithstanding provision (e)
above, where the side yard of
a building is abutting the
south property line, the
setback shall be a minimum
of 3.0m
6.0m
6.6m
f) Setback from north property
line (minimum)
3.6m
g) Setback from east property
line (minimum)
7.8 m
h) Side setback from the west
property line (Pickering
Crescent ) (minimum)
5.5 m
Town of Newmarket Zoning By-law Consolidated August 2025 256
Exception
167
Zoning
(H)R4-R-167)
Map
14
By-law Reference
2023-39
File Reference
D14-NP20-15
Notwithstanding provision (h)
above, where the side yard of
a building is abutting the west
property line, the setback
shall be a minimum of 3.5m
i) Setback from a garage to
private road (minimum)
5.6 m
j) Maximum Lot Coverage for
the subject lands
n/a
k) Maximum Building Height
3 storeys - 11.6 m
l) Building Separation
(minimum)
2.3 m
m) Permitted Encroachments
Porches and steps shall be permitted to project a maximum of 1.55 metres from
the front building wall of any unit including eaves, cornices and steps but no
closer than 1.5 metres to the private road.
Notwithstanding any provision to the contrary, decks adjacent to the second-floor
wall to a maximum of 3.5 metres above average finished grade shall be permitted
to project from the rear of any townhouse dwelling unit not more than 2.0 metres.
Landings and steps may encroach an additional 2.6 metres, but in no instance
shall landings or steps be located closer than 1.2 metres from the property line.
n) Minimum private road width
6.0 metres
o) Maximum driveway width
p) Minimum private amenity space
3.2 metres
102 square metres
q) Notwithstanding Section 5.3.1, the minimum required parking spaces per dwelling
unit may be located on the parcels of tied land (POTL) or within the common
element condominium block.
r) On lands zoned Holding Residential Townhouse Dwelling 3 Exception 167
((H)R4-R-167) Section 4.14.1.(i) shall not apply.
s) On lands zoned Holding Residential Townhouse Dwelling 3 Exception 167
((H)R4-R-167) Section 5.4.3.(ii)(b) shall not apply.
Town of Newmarket Zoning By-law Consolidated August 2025 257
Exception
167
Zoning
(H)R4-R-167)
Map
14
By-law Reference
2023-39
File Reference
D14-NP20-15
t) Notwithstanding the definitions in Section 3, 'Balcony' means a raised platform or
structure in excess of 3 metres above grade which may or may not be supported
by vertical uprights other than from the exterior wall of the building from which it
projects and is only accessible from within the building.
u) For clarity, 'parcel of tied land' means a parcel of land to which the common
interest in the common elements condominium attaches as provided for in
Subsection 139(2) of the Condominium Act 1998 or a successor thereto for
"parcels of tied land" has the corresponding plural meaning
v) For clarity, 'common elements condominium' means a common elements
condominium corporation as defined in the Condominium Act 1998 or a
successor thereto.
Town of Newmarket Zoning By-law Consolidated August 2025 258
Exception
168
Zoning
(H)R1-F-168)
Map
14
By-law Reference
2023-39
File Reference
D14-NP20-15
i)
Location: North side of Mulock Drive and west side of Leslie Street (415 Pickering
Crescent)
ii)
Legal Description: Block 34 on Plan 65M-2836, Town of Newmarket
iii)
Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned ((H)R1-F-168) shown on Schedule '1' to
By-law 2023-39
Permitted Uses: Single Detached Dwellings
Development standards:
a) Minimum front yard setback
b) Minimum rear yard setback
for the most northerly unit:
c) Minimum side yard setback
for most northerly unit
(abutting a private street):
5.5 metres
3.1 metres
0.6 metres
d) Minimum rear yard setback
for the second most northerly
unit:
e) Minimum side yard setback
for the most southerly unit
(abutting a private street):
6.6 metres
1.2 metres
Exception
169
Zoning
R1-E-169
By-law Reference
2023-47
File Reference
D14-NP20-04
i) Location: South of Stonehaven Avenue, east of Bayview Avenue
ii) Legal Description: Lots 34-57
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R1-E-169 shown on Schedule '1' attached
hereto:
Development standards:
a) Maximum height 11.0 m
b) Minimum driveway separation 1.2 m
Town of Newmarket Zoning By-law Consolidated August 2025 259
c) Minimum driveway length 6.0 m
Exception
170
Zoning
R1-F-170
By-law Reference
2023-47
File Reference
D14-NP20-04
i) Location: South of Stonehaven Avenue, east of Bayview Avenue
ii) Legal Description: Lots 1 - 33
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R1-F-170 shown on Schedule '1' attached to
By-law 2023-47:
Development standards:
a) Maximum height 11.0 m
b) Minimum driveway separation 1.2 m
c) Minimum driveway length 6.0 m
Exception
171
Zoning
R4-R-171
By-law Reference
2023-47
File Reference
D14-NP20-04
i) Location: South of Stonehaven Avenue, east of Bayview Avenue
ii) Legal Description: Blocks 60 and 61
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R4-R-171 shown on Schedule '1' attached to
By-law 2023-47:
Development standards:
a) Number of townhouse units 16
(maximum)
b) Minimum yard setbacks:
Setback from a public street 3.0 m,
(minimum) except 0.9 m
to a daylighting
triangle
Setback from the end wall of
a townhouse unit to a lot line 1.5 m
other than a public street
(minimum)
c) Maximum lot coverage (per unit) 65%
Town of Newmarket Zoning By-law Consolidated August 2025 260
d) Maximum height 3 storeys (13 m)
e) Permitted Encroachments
Porches and stairs that shall be permitted to project from the front and exterior wall of
any townhouse dwelling and may not be located closer than 0.6 metres to any lot line.
f) Maximum driveway width 5.4 m (*7 shall not
apply)
g) Minimum off-street parking 2 parking spaces per
requirement (outside of the dwelling unit
garage)
Exception
172
Zoning
R4-R-172
By-law Reference
2023-47
File Reference
D14-NP20-04
i) Location: South of Stonehaven Avenue, east of Bayview Avenue
ii) Legal Description: Blocks 58 and 59
iii) Notwithstanding any other provision of the by-law to the contrary, the following
provisions shall apply to the lands zoned R4-R-172 shown on Schedule '1' attached to
By-law 2023-47:
Development standards:
Block 58 and 59 shall each be considered as one lot for zoning purposes; and Stonehaven
Avenue shall be deemed the Front Lot Line.
a) Minimum lot area (per dwelling unit) 118 sq. m.
b) Number of townhouse units 126
(maximum)
c) Minimum lot frontage (per dwelling unit) 5.5 m
d) Minimum yard setbacks:
Setback from a public street line 3.0 m
(minimum)
Setback from the end wall of a
townhouse unit to a lot line 1.5 m
other than a public street
(minimum)
Town of Newmarket Zoning By-law Consolidated August 2025 261
Setback from the end wall of a
townhouse unit to landscaped 1.2 m
open space of vista block
(minimum)
Setback from the rear wall of a
townhouse unit to any other lot 6.5 m
line (minimum)
Setback from the end wall of a
townhouse dwelling to a private 1.2 m
road (minimum)
e) Maximum lot coverage (per 40%
condominium block)
f) Maximum height 3 storeys (13 m)
g) Building separation (minimum) 3.0 m
h) Permitted Encroachments
Balconies are permitted to project a maximum of 2.7 metres from the rear wall of
a townhouse unit.
Porches and stairs shall be permitted to project from the front and exterior wall of
any townhouse dwelling and may not be located closer than 0.6 metres to any lot
line.
Decks, uncovered, shall be permitted to project a maximum of 3.6m from the rear
wall of a townhouse unit.
i) Maximum private driveway width 5.8 m
(per unit)
j) Minimum off-street parking 1.5 spaces per townhouse
requirement (outside of the garage) unit and 0.25 spaces per
unit for visitors
k) Notwithstanding Section 4.14.1, a Landscape Buffer shall not apply to a parking lot
located adjacent to a public open space.
l) Notwithstanding Section 5.4.3 ii) b), a setback shall not apply to visitor parking areas
adjacent to Open Space, Parks/Parkettes, or Walkways.
m) Where any form of dwelling is erected in conformity with a 'site plan agreement'; parts
of the lands affected by the 'site plan agreement' forms a 'common elements
condominium'; and, the balance of the lands affected by the 'site plan agreement' are
Town of Newmarket Zoning By-law Consolidated August 2025 262
'parcels of tied land' with respect to that 'common elements condominium', no
provision of the By-law shall be deemed to be contravened by reason of the
conveyance of a 'parcel of tied land' upon which a dwelling unit is erected, provided
that all of the standards of this by-law are met for the lands as a whole, as set out in
the 'site plan agreement' and provided the 'common elements condominium' and the
'parcels of tied land' are contiguous.
n) For clarity, 'parcel of tied land' means a parcel of land to which the common interest in
the common elements condominium attaches as provided for under Subsection
139(2) of the Condominium Act 1998 or a successor thereto for "parcels of tied land"
has the corresponding plural meaning.
o) For clarity, 'common elements condominium' means a common elements
condominium corporation as defined in the Condominium Act 1988 or a successor
thereto.
p) For clarity, a 'site plan agreement' means an agreement entered into pursuant to
Section 41 of the Planning Act, R.S.O. 1990 or a successor thereto.
q) For clarity, the front main wall of a dual frontage or rear lane townhouse shall be the
wall abutting Stonehaven or Bayview Avenue. The rear wall shall be the wall opposite
the front main wall.
Exception
173
Zoning
R4-S-173
By-law Reference
2023-68
File Reference
OPZS-2022-011
i) Location: 454, 462, and 466 Queen Street, part of 99, 103-105, and 115 Main Street
South - York Region Condominium Plan 828
ii) Legal Description: 454 Queen Street (PT LT 86 E/S MAIN ST PL 222 AS IN R502257
TOWN OF NEWMARKET), 462 Queen Street (PT LT 105 S/S MILL ST PL 222
NEWMARKET AS IN R726658 ; NEWMARKET), 466 Queen Street (PT LT 105 S/S
MILL ST PL 222 NEWMARKET; PT LT 106 S/S MILL ST PL 222 NEWMARKET AS IN
R634987 ; NEWMARKET), part of 99 Main Street South (PT LT 87 E/S MAIN ST PL
222 NEWMARKET AS IN R174593 ; NEWMARKET), part of 103-105 Main Street South
(PT LT 88 E/S MAIN ST PL 222 NEWMARKET AS IN B30113B TOWN OF
NEWMARKET), and part of 115 Main Street South - York Region Condominium Plan
828, in NEWMARKET.
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R4-S-173 shown on Schedule '1' attached to
By-law 2023-68:
Permitted Uses:
Back-to-back townhouse dwellings
Stacked townhouse dwellings
Town of Newmarket Zoning By-law Consolidated August 2025 263
Definitions:
For the purpose of this exception:
Dwelling, Stacked Townhouse: Means a residential building containing a minimum of four
(4) and a maximum of forty (40) units, provided that:
stacked townhouse buildings shall have a maximum length of 60 m;
dwelling units shall be fully attached to adjoining units; and,
access to all second level units shall be from an interior stairway within the stacked
townhouse building. (see illustration 3 in By-law 2010-40)
Development standards:
a) Minimum lot area per dwelling unit 55 sq. m.
b) Minimum Yard Setbacks
From Front Lot Line (Queen Street) 3.1 metres
From Rear Lot Line (opposite Queen Street) 1.6 metres
From Interior Lot Line (Robertson Place) 1.2 metres
From Other Interior Lot Line
(adjacent property to the west) 1.2 metres
c) Maximum Lot Coverage 50%
d) Maximum Building Height 15.5 m
e) Maximum Floor Space Index (FSI) 1.9
f) Minimum off-street parking 1.0 parking space per dwelling
(Stacked townhouse and unit plus 0.15 visitor spaces
Back-to-back units) per dwelling unit
For clarity, required parking may be provided and located interior to a garage.
g) Notwithstanding Section 5.5 viii), each entrance and/or exit driveway may have a
minimum width at the street line of 6.0 metres, except for the driveway located at the
south-west corner, which may be 4.5 metres.
h) Notwithstanding Section 5.5 xi), Where parking space are configured such that the
front or rear of parked vehicles will be adjacent to a pedestrian connection, the
pedestrian connection may be 1.5 metres in width.
i) Notwithstanding Section 5.6.1, the size of a loading space may be:
3.5 metres in width;
9 metres in length; and,
Town of Newmarket Zoning By-law Consolidated August 2025 264
Have a vertical clearance of 4.2 metres.
j) Notwithstanding Section 5.6.2, where a loading space is required on the site, the
access to the loading space may be provided by means of a driveway that is a
minimum of 4.5 metres wide.
k) Permitted encroachments:
Balconies are permitted to encroach into all yards.
Balconies may encroach up to 1.0 metre into required front yard but shall be
located no closer than 2.1 metres to the property line.
Balconies may encroach up to 1.0 metres into required rear yard but not located
closer than 0.6 metres from the property line.
For the purpose of side and rear yard setbacks, landings, walkways, and steps
may encroach up to the property line.
Patios are permitted in the front yard and shall be located no closer than 0.7
metres from Property Line on Queen St. Patios in the rear yard may encroach up
to the rear property line.
l) Notwithstanding Section 4.23, a structure primarily used for garbage containment, or
a garbage enclosure shall be permitted in an exterior side yard and abutting adjacent
Urban Centre zones.
m) Sections 4.14.1 (Landscape Buffer), 5.3.9 (Snow Storage Accommodation), 5.4.1
(Parking Lot Location) and 5.4.3 (Location of Visitor Parking) shall not apply to the
lands subject to this By-law.
Exception
174
Zoning
UC-D1-174
By-law Reference
2023-68
File Reference
OPZS-2022-011
i) Location: Part of 99, 103, and 105 Main Street South
ii) Legal Description: 99 Main Street South (PT LT 87 E/S MAIN ST PL 222
NEWMARKET AS IN R174593 NEWMARKET), 103-105 Main Street South (PT LT 88
E/S MAIN ST PL 222 NEWMARKET AS IN B30113B TOWN OF NEWMARKET)
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned UC-D-174 shown on Schedule '1' attached to
By-law 2023-68:
Permitted Uses:
Town of Newmarket Zoning By-law Consolidated August 2025 265
In addition to the permitted uses in UC-D1 zone, the following uses are also permitted, and
the following conditions shall apply:
- Dwelling Unit, Link
- Dwelling Unit, Semi Detached
- Dwelling Unit, Detached
- Dwelling Units are also permitted at grade level, as independent units or as part of
units associated with other levels above or below.
Development standards:
a) Minimum Yard Setbacks
From Front Lot Line (Main Street South) 1.9 m
From Rear Lot Line (opposite Main Street South) 1.65 m
From Interior Lot Line 0.25 m
From Other Interior Lot Line 1.3 m
b) Maximum Lot Coverage 60%
c) Maximum Building Height 9.0 metres
d) Maximum Floor Space Index (FSI) 1.2
e) Parking spaces shall be provided for each use in accordance with the minimum
parking standards of the 2019-06 By-law.
f) Notwithstanding Section 4.2, existing covered and uncovered porches in the front
yard may be permitted to encroach up to the front lot line.
g) Sections 4.14 (Landscape Buffer), Section 5.5 (Entrance and Exit Width), and 5.4.1
(Parking Lot Location) and shall not apply to the lands subject to this By-law.
Exception
175
Zoning
(H) R4-R-175
Map
13
By-law Reference
2024-04
File Reference
D14-NP20-03
i) Location: 849 Gorham Street
ii) Legal Description: PART OF LOT 27, PLAN 103 WHITCHURCH, PART 1 65R38306
TOWN OF NEWMARKET
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R4-R-175 shown on Schedule '1' attached to
By-law 2024-04:
Development standards:
Town of Newmarket Zoning By-law Consolidated August 2025 266
a) Minimum lot area per dwelling unit
129 m2
b) Number of townhouse units (maximum)
20
c) Setback from south property line (Gorham Street)
(minimum)
2.4 m
d) Setback from north property line (minimum)
6.0 m
e) Setback from the east property line (minimum)
Notwithstanding provision (e) above, where the
side yard of a building abuts the east property line,
the setback shall be a minimum of 3.2 m
6.0 m
f) Setback from west property line (minimum)
Notwithstanding provision (f) above, where the
side yard of a building abuts the west property line,
the setback shall be a minimum of 1.8 m
6.0 m
g) Setback from the front main wall of a building to a
private road (minimum)
3.0 m
h) Setback from the side wall of a dwelling to a
private road (minimum)
1.2 m
i) Maximum Lot Coverage for the subject land
40%
j) Maximum Building Height
3 storeys - 11 m
k) Maximum Driveway Width
3.5m (single car garage)
6.0m (double car garage)
l) Maximum private road width
6.5m
m) The minimum required parking spaces per dwelling unit may be located on the
parcels of tied land (POTL) or within the common element areas of the
condominium corporation.
n) Where a side wall of a dwelling abuts a parking lot, the minimum setback of
the parking lot from the side wall of the building shall be a minimum of 1.2m.
o) Section 5.4.1 iii) shall not apply.
p) Section 5.4.3 ii) (Visitor Parking Location) shall not apply.
q) Notwithstanding Section 5.5 viii), each entrance and/or exit driveway may
have a minimum width at public street line of 6.5m.
Notwithstanding Section 5.5 x), each entrance and/or exit driveways which
provide access to parking areas other than directly from a municipal street
may be constructed at a width of not less than 3.5 m.
Town of Newmarket Zoning By-law Consolidated August 2025 267
r) Permitted Encroachments
Decks are permitted to project from the second storey of Building 1 and 3 a
maximum of 1.9 metres into the rear yards of each unit.
Patios are permitted to project from the first storey a maximum of 2.5 metres
from the first storey rear wall of each unit.
Porches are permitted to project a maximum of 2.5 metres from the front wall
of any unit including eaves, cornices, and steps but shall be no closer than 1.5
metres to the lot line or private laneway.
Window wells are permitted to project a maximum of 1.0 metres into the rear
yards of each unit.
s) Notwithstanding Section 4.14.3 iv) The minimum required width of landscape
buffer may be 1.8 metres where the interior side lot line of a R4 Zone abuts a
lower density Residential Zone (west property line only).
t) Where any form of dwelling is erected in conformity with a 'site plan
agreement'; parts of the lands affected by the 'site plan agreement' forms a
'common elements condominium'; and, the balance of the lands affected by
the 'site plan agreement' and 'parcels of land' with respect to that 'common
elements condominium', no provision of this By-law shall be deemed to be
contravened by reason of the conveyance of a 'parcel of tied land' upon which
a dwelling unit is erected, provided that all of the standards of this by-law are
met for the lands as a whole, as set out in the 'site plan agreement' and
provided in the 'common elements condominium' and the 'parcels of tied land'
are contiguous.
u) For clarity, 'parcel of tied land' means a parcel of land to which the common
interest in the common elements condominium attaches as provided for in
Subsection 139(2) of the Condominium Act 1998 or a successor thereto for
"parcels of tied land" has the corresponding plural meaning.
v) For clarity, 'common elements condominium' means a common elements
condominium corporation as defined in the Condominium Act 1998 or a
successor thereto.
w) For clarity, a 'site plan agreement' means an agreement entered into pursuant
to Section 41 of the Planning Act, R.S.O. 1990 or a successor thereto.
Town of Newmarket Zoning By-law Consolidated August 2025 268
Exception
176
Zoning
(H) R5-S-176
Map
11
By-law Reference
2024-22
File Reference
OPZS-2022-004
i) Location: 16756 and 16764 Bayview Avenue
ii) Legal Description: PT LT 91 CON 1 WHITCHURCH AS IN R555787 and PT LT 91
CON 1 WHITCHURCH AS IN B32623B EXCEPT PT 2, 65R2215; NEWMARKET
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R5-S-176 shown on Schedule '1' attached to By-
law 2024-22:
Development standards:
a) Minimum lot area per dwelling unit
n/a
b) Number of dwelling units
(maximum)
c) Setback from the from lot line (after
road widening) (Bayview Avenue)
(minimum)
d) Setback from the rear lot line
(west) (minimum)
e) Setback from interior side lot line
(north) (minimum)
f) Setback from interior side lot line
(south) (minimum)
g) Maximum FSI (after road widening)
h) Maximum Lot Coverage (after road
widening)
i) Maximum Building Height
70
3.0 m
7.7 m
8.3 m
3.0 m
1.85
44%
5 storeys - 16.35 m
j) Notwithstanding Section 5.4.1, a parking lot is permitted to occupy a maximum
of 52% of the aggregate areas of the side and rear yards.
k) Notwithstanding section 5.4.1, a parking lot must be setback a minimum of 2.3
metres from the rear lot line.
Town of Newmarket Zoning By-law Consolidated August 2025 269
Exception
176
Zoning
(H) R5-S-176
Map
11
By-law Reference
2024-22
File Reference
OPZS-2022-004
l) Notwithstanding section 5.4.3 i), visitor parking can be located below grade. A
minimum 1.5 metre landscape buffer is required for visitor parking areas
located at grade on the west property line.
m) Notwithstanding section 5.4.3 ii), visitor parking shall be located a minimum of
2.3 m from rear lot line (west), 13.7 m from the interior side lot line (south), and
12.8 m from the interior side lot line (north).
n) Notwithstanding Section 5.5 viii), each entrance and/or exit driveway may have
a maximum width at the street line of 13.25 m.
o) Permitted Encroachments
Stairs are permitted to encroach into the required interior side yard (south),
but shall be setback a minimum of 1.5 m from the property line.
Balconies are permitted to encroach into the interior side yard (south), but
shall be setback a minimum of 1.07 m from the property line.
Ornamental structures, including balconies are permitted to encroach a
maximum of 1.5 m into the required front yard but shall setback a minimum
of 1.6 m from the property line; and a maximum of 0.5 m into the required
interior side yard (north) but shall be setback a minimum of 7.8 m from the
property line (north).
p) Notwithstanding Section 4.14.3 ii), the minimum required width of a landscape
buffer shall be 1.02 metres where the interior side lot line of a R5 Zone abuts a
lower density Residential Zone (north property line only).
Exception
177
Zoning
R4-R-177
Map
6
By-law Reference
2024-57
File Reference
OPZS-2024-003
i) Location: North side of Davis Drive and east side of Hamilton Drive (1041 & 1051
Davis Drive and 15 & 23 Hamilton Drive)
ii) Legal Description: LT 13 PL 385, PT LTS 10 & 11 PL 385; PT LT 12 PL 385
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R4-R-177 shown on Schedule '1'
attached to By-law 2024-57.
iv) Definitions
Town of Newmarket Zoning By-law Consolidated August 2025 270
a. Regional Daylighting Triangle means a triangular area of land owned by
the Region of York located at two intersecting streets formed by measuring
10 metres from the point of intersection of the street lines.
b. Raised deck means a raised platform with no solid roof or walls, which is
supported by vertical uprights, and is only accessible from within the
building and can be used as an outdoor living
Development Standards:
a) Minimum lot area (per unit) n/a
b) Number of townhouse units (maximum) 24
c) Minimum lot frontage on a private road: 4.5 m
d) Setback from northern property line of the R4-R-177 zone - minimum: 2.6 m
e) Setback from property lines facing Davis Drive - minimum 3 m
f) Setback from property lines facing Hamilton Drive - minimum
1. Any end unit facing Hamilton Drive 4.5 m
2. Any front facade facing Hamilton Drive 5.5 m
g) Setback from eastern property line of the R4-R-177 zone - minimum
1. Any end unit facing east property line 4.5 m
2. Any front facade facing east property line 8 m
h) Setback from private road - minimum 5.5 m
i) Setback to a daylight triangle 0.6 m
j) Building Separation - minimum 2.5 m
k) Lot coverage (each unit) - maximum 60%
l) Building height - maximum 3 storeys - 11 m
m) Driveway width - maximum
1. Single car garage 3.1 m
2. Double car garage 5.5 m
n) Encroachments
1. Unenclosed covered or uncovered porch and steps shall be permitted
Town of Newmarket Zoning By-law Consolidated August 2025 271
to encroach into the front and exterior side yard of the subject land
2.6 m
2. Unenclosed covered or uncovered porch and steps shall be permitted
to encroach into the required setback of a private road from a front
façade.
2.6 m
3. Raised decks* (including steps) shall be permitted to project from the
rear façade.
3.75 m
4. Raised decks" (on private road) shall be permitted to project from the
rear façade.
2.2 m
5. Steps of the units fronting onto Davis Drive can encroach up to the
property line.
o) Minimum private road width 6 m
p) Location of Visitor Parking shall not be less than 4 metres from any side or rear lot line
which does not abut a street.
q) Landscape buffer around visitor parking shall be at least 1.75 metres at the closest
distance and 3 metres wide at the furthest distance from the closest dwelling unit.
r) Landscape buffer on north side of the property shall be 3 metres along the northern
property line of R4-R-177 zone, except for the 2.6 metres from a dwelling unit on
northeast lot line of the R4-R-177 zone.
Town of Newmarket Zoning By-law Consolidated August 2025 272
Exception
178
Zoning
R2-K-178
By-law Reference
2025-54
File Reference
PLN-OPZS-2022-003
i) Location: 231 Old Main Street
ii) Legal Description: PT LT 97 CON 1 E YONGE ST EAST GWILLIMBURY; PT LT 98
CON 1 E YONGE ST EAST GWILLMBURY PART 6 65R3687 & PT LT 98 CON 1 E
YONGE ST EAST GWILLMBURY PT 5, 65R3687
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R2-K-178 shown on Schedule '1' attached to
By-law 2025-54:
iv) Definitions:
a. Raised deck means a raised platform with no solid roof or walls, which is
supported by vertical uprights, and is only accessible from within the building
and can be used as an outdoor living
b. Storey means for single detached dwellings, semi-detached dwellings,
duplex dwellings, triplex dwellings, and fourplex dwellings, a level of a building
located between the surface of a floor and the ceiling or roof immediately
above it, and includes a mezzanine but does not include a garage, basement,
or cellar. Any portion of a building partly below grade shall be deemed a storey
where its ceiling is more than 1.2m above established grade.
Development standards:
Zone Standard
GENERAL
These standards apply to the whole property:
Minimum lot area
N/A
Permitted uses
Single detached dwellings
Semi-detached dwellings
Triplex dwellings
Fourplex dwellings
Maximum number of units
20 units
Maximum FSI
1.0
Lot coverage
n/a
These standards apply to each dwelling:
Maximum Building Height
For units fronting onto a private road: 10.5
metres (2 storeys) (*1)
For units fronting onto Old Main Street: 8.5
metres (2 storeys)
Minimum lot frontage
5.5 metres
Minimum Front Yard Setback
- Dwellings fronting onto a private
road: 5 metres
- Dwellings fronting onto Old Main St:
2 metres for 38% of the building at
grade and 52%for the 2nd floor and
Town of Newmarket Zoning By-law Consolidated August 2025 273
3.37 metres for the remainder of the
building (*2)
Minimum Rear Yard Setback
- Dwellings backing onto 221 and 241
Old Main Street North shall be
setback from the shared property
lines: 6.5 metres
- One unit may encroach into the
required rear yard setback (shared
property line with 221 Old Main
Street North) a maximum of 2.5
metres.
Minimum Exterior Side Yard Setback
3.8 metres to the property line abutting Main
Street North
Minimum End unit setback from pooled
parking spaces
2.7 metres
Minimum Interior Side Yard Setback
1.2 metres
Minimum Building Separation
2.4 metres
Maximum Driveway Width
One car wide driveway: 2.6 metres
Two car wide driveway: 5.2 metres
Three car wide driveway: 7.8 metres
(*1) The lower level (garage level) shall not be considered a storey provided it does not
include any living space
(*2) Parking spaces fronting onto Old Main Street shall be screened and in no case shall be
closer than 2 metres to the property line (Old Main Street).
a) Encroachments
1. Unenclosed, covered, or uncovered porches shall be permitted to
project from the front building wall of each unit a maximum of 1.5
metres
2. Uncovered steps shall be permitted to project from the front
building wall of each unit a maximum of 3.8 metres
3. Raised decks* shall be permitted to project from the rear building
wall a maximum of 3.1 metres
4. Window wells are permitted to project a maximum of 0.75 metres
into the rear yards of each unit
b) Minimum private road width 6.5 m
c) Minimum parking aisle width 5.5 m
d) A minimum landscape buffer of 3.0 metres is required around 5 or more parking
spaces, except for parking spaces along Main Street North, where the landscape
buffer can be reduced to 0.8 metres.
Exception
179
Zoning
R4-R-179
By-law Reference
2025-71
File Reference
PLN-OPZS-2022-002
i) Location: North side of Woodspring Ave and west side of Gilpin Drive (generally
between Memorial Gardens Way and William Booth Avenue)
Town of Newmarket Zoning By-law Consolidated August 2025 274
ii) Legal Description: Part of Block 94, Registered Plan 65M-3820, EXCEPT PTS 1 & 2,
65R33256 and PT LT 97, CON 1 WYS (EG), PT 1, 65R27160, EXСЕРТ РТ 3,
65R33256; TOWN OF NEWMARKET
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R4-R-179 shown on Schedule '1' attached to
By-law 2025-71:
iv) Development standards:
Zone Standards
R4-R-179
a) Notwithstanding any definition to the contrary, the lands subject to exception 179
shall be considered as one "Lot" for zoning purposes.
b) Min. Lot Area (per unit)
n/a
c) Number of Townhouse dwelling units
(Maximum)
122
d) Minimum lot frontage (for the
properties fronting onto Woodspring
Ave)
5.8m
e) Minimum yard setback to
Woodspring Ave
2.6m
f) Minimum yard setback from a rear
wall to an OS-EP zone
5m
g) Minimum yard setback from an
exterior side wall to an OS-EP zone
1.4m
h) Minimum yard setback to the (OS-1)
Zone (east property line)
2.8m
i) Minimum Building Separation
3.0m
j) Maximum lot coverage (per unit)
n/a
k) Maximum Building Height
12.5m (3 storeys)
l) Minimum Driveway width:
- one car-driveway
- two car-driveway
2.9m
5.2m
m) Minimum Private Road width
6.0m
Town of Newmarket Zoning By-law Consolidated August 2025 275
n) Encroachments (Woodspring Avenue
only)
Unenclosed covered or uncovered porch
and/or steps shall be permitted to encroach
into the front yard for buildings fronting onto
Woodspring Ave: 2.55 metres and no closer
than 0.75 metres to the lot line.
o) Projections
1. Unenclosed covered or uncovered
structures shall be permitted to project 3.0
metres from the front or back building
wall(not a side wall) for all the units that are
fronting/backing onto a private road.
2. Unenclosed covered or uncovered
structures shall be permitted to project 1.5
metres from a side wall
This section overrides Section 4.2 of the
Zoning By-law 2010-40
p) Section 4.14.1. Landscape Buffers for Parking lots shall not apply for this
development.
q) Notwithstanding Section 5.3.6, the minimum barrier free parking requirement shall be
calculated based on the number of visitor parking spaces provided.
r) Section 5.4.3. Location for Visitor Parking shall not apply for this development.
s) Notwithstanding Section 5.5xi), A continuous, uninterrupted pedestrian connection of
a minimum of 1.5m in width and a material type visually and physically distinct from
the parking lot surface shall be provided from a sidewalk to the principal entrance of
each building. If no sidewalk abuts the property, the connection will be provided from
the abutting street. Where parking spaces are configured such that the front or rear of
parked vehicles will be adjacent to a pedestrian connection, the pedestrian
connection shall be 1.5m in width.
Exception
180
Zoning
CR-2-180
By-law Reference
2014-25; OMB
Decision PL130413&
PL100685; 2020-38;
2025-70
File Reference
D9-NP-12 10 and 19TN 2012-
001; D14-NP-19- 05; PLN-
OPZS-2024-009
i) Location: Lytham Green Block 165 (southeast corner of Davis Drive and Mitchell
Place).
ii) Legal Description: BLK 155 PL 65M2205, EXCEPT PLAN 65M4553 AND EXCEPT
PLAN 65M4587; T/W PT LT 94 CON 1, PT 1 65R5721 AS IN LT109148; S/T TO AN
EASEMENT AS IN YR2731326 TOWN OF NEWMARKET
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned CR-2-180 shown on Schedule '1' attached to
By-law 2025-70:
Town of Newmarket Zoning By-law Consolidated August 2025 276
Permitted Uses: Live Work Units shall have a commercial unit on its ground floor and shall
have a dwelling unit on its upper floor(s). Permitted commercial uses for the Live Work Units
are:
- Art Gallery;
- Studio;
- Personal Service Shop;
- Retail Store;
- Tea room;
- Office; and,
- any occupation or business which is permitted under Section 4.6 as a home
occupation, such occupation or business may occupy the commercial ground floor
and/or be conducted within the residential unit, subject to the restrictions below.
A medical clinic, day nursery, nursing home, veterinary clinic, veterinary hospital,
automotive uses, or personal wellness establishment shall not be permitted.
For the purpose of this site-specific by-law, "Tea Room" is defined as below:
"Means a small restaurant or cafe where tea, coffee and/or other light refreshments and/or
light meals are served, and shall not include a restaurant that requires commercial cooking
equipment to handle grease laden vapours."
Section 4.6 (ii)a applies to ground floor commercial units, and Section 4.6 (i), (ii)b, (iii), (iv),
(vi), (vii), (viii), (ix), (x) do not apply to the ground floor commercial units.
Any separate home occupation which is conducted primarily or wholly within the dwelling
unit above the ground floor shall be subject to the requirements of Section 4.6 (i), (ii), (iii),
(iv), (v), (viii) and (x), and shall be clearly secondary to the residential use within the dwelling
unit. Any occupation or business within the dwelling unit above the ground floor shall be
limited to a maximum area of 24m².
No permanent outdoor storage is permitted. A temporary accessory outdoor display and/or
sales area may be permitted, provided that all goods are removed nightly.
Development standards:
a) Minimum Lot Area
0.35 ha
b) Minimum Lot Frontage
60m on Mitchell Place
c) Front Lot Line
Mitchell Place
d) Minimum Yard Setback from a Public
Road
3.0 m
Town of Newmarket Zoning By-law Consolidated August 2025 277
e) Maximum Lot Coverage
35%
f) Maximum gross floor area per
Commercial Unit
60 m²
g) Parking for Residential Use
2 spaces per unit
h) Parking for Commercial Uses
1 space per unit for the first 40 m² of gross
floor area, plus 1 space per 30 m² of
aggregate commercial gross floor area for
all units greater than 40 m² per unit.
i) Garage Location
Not permitted on the side of the building
facing the street
j) Maximum Height
11.6 m (3 storeys)
k) Lot
Notwithstanding the definition of "Lot" in
Section 3, the subject lands as show in
Schedule 1 of Bylaw 2020-38 are deemed
one lot, regardless of the number of
buildings constructed thereon, the creation
of separate units and/or lots by way of a
plan of condominium, consent, conveyance
of private or public roads, strata title
arrangements, or other permissions, and
any easements or registrations that are
granted, shall be deemed to comply with the
provisions of By-law 2025-70.
Exception
181
Zoning
(H)R5-T-181
By-law Reference
2025-81
File Reference
PLN-OPZS-2024-002
i) Location: 62 Bayview Parkway
ii) Legal Description: PT LT 96 CON 1 E YONGE ST EAST GWILLIMBURY AS IN
EG21175; S/T EG21175; NEWMARKEТ
iii) Notwithstanding any other provision of the By-law to the contrary, the following
provisions shall apply to the lands zoned R5-Т-181 shown on Schedule '1' attached to
By-law 2025-81:
iv) Development standards:
Zone Standard
GENERAL
Maximum FSI
1.2
Lot coverage
15.5%
Maximum Building Height
32 metres - 9 storeys
22 metres - 6 storeys
Town of Newmarket Zoning By-law Consolidated August 2025 278
Parking Rate
Residents: 0.9 Spaces per unit
Visitor: 0.13 spaces per unit
Setbacks
Front Yard
9.0 metres
Rear Yard
18.0 metres
Side Yard (to the north property line)
29.0 metres
Side Yard (to the south property line)
31.0 metres
Amenity Space
Indoor: 1.4 square metres per unit
Outdoor: 2.0 square metres per unit
Landscape Buffer around 5 or more parking
spaces
East side (Bayview Parkway): 0 metres
North Side (side lot line): 1.8 metres
West Side (rear lot line): 1.8 metres
Setback from parking spaces to the west
property line (rear lot line)
8.5 metres
v) Mechanical Penthouse (covered mechanical penthouse shown on Schedule 2
to By-law 2025-81:
a. A mechanical penthouse shall be permitted to exceed the permitted
height of the building by 6.0 metres and may not cover more than 40%
of the aggregate area on the roof.
b. The minimum setback for a mechanical penthouse from a property line
shall be as shown on Schedule "1" attached to By-law 2025-81.
c. No setback is required for a mechanical penthouse from any building
walls as shown on Schedule 2 to By-law 2025-81.
vi) Mechanical Penthouse (including uncovered rooftop mechanical equipment
shown on Schedule 2 to By-law 2025-81):
a. No setback is required for a mechanical penthouse to the rear building
wall and 3 metres setback from any other building walls.
a) Encroachments:
Uncovered deck, uncovered patio, balconies and landings are permitted to encroach into the
required front yard by a maximum of 2.1 metres.
Town of Newmarket Zoning By-law Consolidated August 2025 279
8.2
Holding Provisions
Where, on the Schedules to this By-Law, a zone symbol is shown with the '(H)' prefix (for example
(H)R1-E), the lands shall only be for the identified uses and, where permitted, the expansion of
those uses as of the date of adoption of this By-Law, until such time as certain conditions have been
met.
Council may pass a By-Law pursuant to Section 36 of the Planning Act to remove the Holding (H)
Symbol, thereby placing the lands in the zone indicated by the zone symbol, when all of the
applicable requirements have been met. Zones with Holding Provisions are identified in Section
8.2.1 of this By-Law.
8.2.1
List of Holding Provisions
The following holding provisions apply to the properties specified:
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2004-152 16660 Yonge Street
Part of Lot 90,
Concession 1 W.Y.S.
Within the lands zoned (H)UC-R-57
only a retail art gallery; picture
framing studio; one residential
dwelling unit; and, offices shall be
permitted.
Furthermore, no extension or
enlargement of the uses which existed
on the date of passing of this By-Law
shall occur unless an amendment to
this By-Law or removal of the '(H)'
prefix, as identified in the next column,
is approved by the Council of the
Corporation of the Town of Newmarket
and comes into full force and effect.
- The adequacy for the provision of
servicing, such as water supply,
sewage disposal facilities, storm
water drainage;
- That an amending site plan
approval agreement has been
entered into between the Owner
and the Town and the performance
security contemplated therein has
been posted; and,
- That all relevant provisions of the
Official Plan have been complied
with.
September
13, 2004
Town of Newmarket Zoning By-law Consolidated August 2025 280
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2006-156
Holding
Provision
Removed
By By-Law
2006-161;
2010-18;
2011-36;
2011-61;
2012-67.
Generally east
side of Leslie
Street, south of
Mulock Drive
Part of Lots 28 and
29,
Concession 3 E.Y.S.
No person within the lands zoned
(H)R1-C- 74; (H)R1-CX-74; (H)R1-
D-75; (H)R1-E1-
75; (H)R1-E-76; (H)OS-1-77; (H)OS-
2-77;
and (H)I-B, shall use any lot or
erect, alter or use any building or
structure for any purpose except
for those uses which existed on the
date of passing of this By- Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
- All relevant provisions of the Official
Plan have been complied with;
- That sufficient servicing capacity
has been allocated to the subject
lands by the Town of Newmarket;
- That a subdivision agreement has
been entered into between the Owner
and the Town and the performance
security contemplated therein has
been posted;
- All necessary requirements of the
Town have been satisfied; and,
- All necessary approvals have been
received
by
other
commenting
agencies and authorities.
September
11, 2006
Town of Newmarket Zoning By-law Consolidated August 2025 281
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2009-10
16200 Yonge Street
Part of Lot 87,
Concession 1 W.Y.S.
No person within the lands zoned
(H)R4-S- 85, shall use any lot or
erect, alter or use any building or
structure for any purpose except for
those uses which existed on the date
of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
- All relevant provisions of the Official
Plan have been complied with;
- That sufficient servicing capacity
has been allocated to the subject
lands by the Town of Newmarket;
- That a subdivision and/or site plan
agreement has been entered into
between the Owner and the Town
and the performance security
contemplated therein has been
posted;
- That the Owner has release and
abandoned any rights of
access/egress over the abutting
lands;
- All necessary requirements of the
Town have been satisfied; and,
- All necessary approvals have been
received by other commenting
agencies and authorities.
February
9, 2009
Town of Newmarket Zoning By-law Consolidated August 2025 282
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2009-62
Holding
Provision
Removed
By By-Law
2012-68.
South of Valley
Green Trail Block
77, 65M-3603
No person within the lands zoned
(H)R1-F- 91, shall use any lot or
erect, alter or use any buildings or
structures for any purpose except
for those uses which existed on the
date of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
- All relevant provisions of the Official
Plan, including Official Plan
Amendment No.6, have been
complied with;
- The removal of the '(H)' prefix
represents a logical and orderly
progression of development;
- That sufficient servicing capacity is
available, and has been allocated by
the Town;
- That a subdivision agreement, site
plan agreement, and/or other
agreement(s) as required have been
executed, between the Owner of the
lands and the Corporation of the
Town of Newmarket, and the
performance security contemplated
therein has been posted;
- All necessary approvals have been
received by other commenting
agencies and authorities.
June 22,
2009
Town of Newmarket Zoning By-law Consolidated August 2025 283
By-Law No. Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2010-72
Holding
Provision
Removed
By By-Law
2011-37;
2012-53.
Part of Lot 27,
Concession 3
E.Y.S.
No person within the lands zoned
(H)R1- D-99; (H)R1-E-99; (H)R1-
EX-99; (H)R1-
E2-99; (H)R1-F1-99; and, (H)R2-
H1-99,
shall use any lot or erect, alter or
use any buildings or structures
for any purpose except for those
uses which existed on the date of
passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-Law shall occur unless an
amendment to this By- Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full
force and effect.
However, the Holding provision will
not prevent the construction of
model homes, a sales office and/or
in-ground and above ground
services if deemed appropriate and
desirable by the Town.
- All relevant provisions of the
Official Plan, have been complied
with;
- That sufficient servicing capacity is
available, and has been allocated by
the Town;
- That a subdivision agreement has
been entered into between the
Owner of the lands and the
Corporation of the Town of
Newmarket, and the performance
security contemplated therein has
been posted;
- All necessary requirements of the
Town have been satisfied;
- All necessary approvals have
been received by other
commenting agencies and
authorities.
September
7, 2010
Town of Newmarket Zoning By-law Consolidated August 2025 284
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2011-14
Holding
Provision
Removed
By By-Law
2012-35.
Part of Lot 98 & 99,
Concession 1 W.Y.S.
No person within the lands zoned
(H)R1- F1-80 shall use any lot or
erect, alter or use any buildings
or structures for any purpose
except for those uses which
existed on the date of passing of
this By- Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
However, the Holding provision will
not prevent the construction of in-
ground and above ground services
if deemed appropriate and
desirable by the Town.
- The holding provision may be
removed by Council at such
time as complete building
lots have legally been created
for the lands subject to the
holding provision.
March 7,
2011
Town of Newmarket Zoning By-law Consolidated August 2025 285
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2012-20
Holding
Provision
Removed
By By-Law
2018-26
1240 Twinney Drive
& 1250 Davis Drive
Southeast corner
of Harry Walker
Parkway South
and Davis Drive
No person within the lands zoned
(H)EM- 109 shall use any lot or
erect, alter or use any buildings or
structures for any purpose except
for those uses which existed on the
date of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
- The requirements of Section 10.4,
Contaminated Lands, of the Town's
Official Plan have been satisfied to
the satisfaction of the Director of
Engineering Services.
- All necessary approvals have
been received by the Ministry of
Culture.
April 16,
2012
Town of Newmarket Zoning By-law Consolidated August 2025 286
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2013-05
Holding
Provision
Removed
By By-Law
2014-52
Part Lot 95,
Concession 1,
WYS
(McGregor
Farm/Glenway
Mosaik)
No person within the lands zoned
(H)R1-D- 118; (H)R1-F; and (H)R2-
H shall use any lot or erect, alter or
use any buildings or structures for
any purpose except for those uses
which existed on the date of passing
of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
However, the Holding provision will
not prevent the construction of
model homes, a sales office and/or
in-ground and above ground
services if deemed appropriate and
desirable by the Town.
- All relevant provisions of the
Official Plan, have been complied
with;
- That sufficient servicing capacity is
available, and has been allocated by
the Town;
- That a subdivision agreement has
been entered into between the
Owner of the lands and the
Corporation of the Town of
Newmarket, and the performance
security contemplated therein has
been posted;
- All necessary requirements of the
Town have been satisfied;
- All necessary approvals have been
received by other commenting
agencies and authorities.
February
11, 2013
Town of Newmarket Zoning By-law Consolidated August 2025 287
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2013-61
Holding
Provision
Removed By
By-Law
2014-47
487 Queen Street
No person within the lands zoned
(H)UC- D2-121 shall use any lot
or erect, alter or use any
buildings or structures for any
purpose except for those uses
which existed on the date of
passing of this By- Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full
force and effect.
The requirements of Section 10.4,
Contaminated Lands, of the Town's
Official Plan have been satisfied to the
satisfaction of the Director of
Engineering Services
November
12, 2013
Town of Newmarket Zoning By-law Consolidated August 2025 288
By-Law
No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
OMB
Order
February
25, 2013,
as
amended
on April 3,
2013
Zoning By-
Law
Amended
By By-Law
2018-12.
17645 Yonge Street
Part of Lot 96,
Concession 1,
EYS
(Slessor Square)
No person within the lands zoned
(H)UC-P- 119 shall use, erect,
alter or use any buildings or
structures for any purpose except
for those uses which existed on
the date of passing of this By-Law.
Any grading, filling or works
necessary to fulfill the
requirements of site remediation in
order to obtain approval for record
of site condition and to provide
approved servicing shall be
permitted.
Furthermore, no changes,
extension or enlargement of the
uses which existed on the date of
passing of this By-Law shall occur
unless an amendment to this By-
Law or removal of the '(H)' prefix,
as identified in the next column, is
approved by Town Council and the
By-law comes into full force and
effect.
However, the Holding provision
will not prevent the remediation as
addressed above in accordance
with the requirements of the Phase
2 Environmental Site Assessment
and any testing required to
address the potential impacts of
development including the Risk
Assessment related to Source
1. Servicing Allocation:
a) That prior to lifting the "H" on each
phase, servicing capacity shall be
demonstrated to be available and
has been allocated by the Town
generally at the time of Site Plan
application, subject to the footnote
below1; and
b) That York Region is satisfied and
has advised in writing that the
required infrastructure to support the
capacity assignment associated with
this development will be completed
within a time period acceptable to
the Region (usually 6 to 36 months
depending on the complexity of the
site plan development); or,
c) The Regional Commissioner of
Environmental Services confirms
servicing allocation for this
development by a suitable
alternative method and the Town
allocates the capacity to this
development;
2. Sanitary Sewage Conveyance:
That prior to lifting the "H" on each
phase, it shall be demonstrated to the
satisfaction of the Town that there is
sufficient existing sanitary sewer
OMB Order
February 25,
2013,
as amended
on April 3,
2013
Town of Newmarket Zoning By-law Consolidated August 2025 289
By-Law
No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
Water Protection and/or in-ground
and above ground services if
deemed appropriate and desirable
by the Town.
conveyance capacity available, or
through a detailed calculation
demonstration that there is sufficient
capacity conveyance and that there
will be no downstream adverse
impacts;
3. Stormwater:
That prior to lifting the "H" on each
phase, a detailed storm water
management plan shall be submitted to
the satisfaction of the Town, the Region
and Lake Simcoe Region Conservation
Authority;
4. Water Supply:
That prior to lifting the "H" on each
phase, a water supply analysis shall
be submitted to the satisfaction of
the Town;
5.Servicing Conveyance:
Prior to the lifting of the "H" on each
phase, provision for municipal
services and access shall be to the
satisfaction of the Town and the
necessary agreements executed with
the Town;
6.Detailed Risk Management Plan:
That prior to lifting the "H" on the 1st
phase a Detailed Risk Management
Plan shall be required to have
Town of Newmarket Zoning By-law Consolidated August 2025 290
By-Law
No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
received approval from the Region of
York demonstrating that any
construction activities related to
underground construction
(underground parking), dewatering or
groundwater depressurization will not
interfere with quantity and quality of
groundwater of the adjacent municipal
well (Well 15);
7.Record of Site Condition:
That prior to lifting the "H" on each
phase, a Record of Site Condition shall
be filed in accordance with the Town's
Official Plan;
8.Conceptual Site Plan:
That prior to lifting the "H" on the 1st
Phase, a Conceptual Site Plan shall
be submitted for the entire site,
demonstrating to the Town's
satisfaction how the Development
Standards of the Zoning Bylaw,
urban design policies and principles
are met and how development is
proposed to proceed in a logical and
orderly progression;
9.Site Plan Agreement:
That prior to lifting the "H" on each
phase, a site plan for the applicable
phase is required demonstrating to the
Town's satisfaction how the density,
Town of Newmarket Zoning By-law Consolidated August 2025 291
By-Law
No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
Development Standards of the Zoning
Bylaw, urban design policies and
principles, including demonstration of
how best practices in effect at that
time, are met; and a Site Plan
Agreement shall be entered into
between the Owner of the lands and
the Town, and the performance
security contemplated therein posted;
10.Subdivision Agreement:
That prior to lifting the "H" on the 1st
Phase and each subsequent phase,
where applicable, a Subdivision
agreement, and other necessary
agreements as required shall be
required to have been executed,
between the Owner of the Land and the
Town, and the performance securities
required have been executed for the
respective phases;
11. Traffic Impact Study, Parking
Analysis and Transportation
Demand Management Measures:
a) That prior to the lifting of the "H" for
the 1st Phase, the Owner shall
submit a preliminary phasing plan
that identifies any internal
transportation infrastructure
required for the 1st Phase and all
subsequent phases, as well as the
Town of Newmarket Zoning By-law Consolidated August 2025 292
By-Law
No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
recommended timing of any
external road and network
improvements required in support
of the implementation of each
phase, including the co-ordination
required for each phase with
external transportation works, to
the satisfaction of the Town and the
Region;
b) That prior to the lifting of the "H" for
each phase, an updated Traffic
Impact Study and Parking
Analysis, including Transportation
Demand Management measures
shall be submitted outlining which,
if any, transportation improvements
and/or modifications to density,
(addressed through the Site Plan
process), are required to permit
that phase to proceed and to
ensure parking is acceptable and
that TDM measures shall be
implemented all to the satisfaction
of the Town and Region;
c) That prior to the lifting of the "H" on
the 1st Phase and subsequent
phases thereafter, an agreement
shall be entered into between the
Owner and the Town stipulating
that Street A will be constructed
and maintained as part of the 1st
Phase to the satisfaction of the
Town of Newmarket Zoning By-law Consolidated August 2025 293
By-Law
No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
Town, as a temporary street
between Yonge Street and George
Street; it will remain as a temporary
street throughout the subsequent
phases with the exception of the
periods that it is required to be
temporarily closed for construction,
and that upon completion of the
development of the subject
property, Street A will be
constructed and maintained as a
private street to the satisfaction of
the Town, in consultation with the
Region;
d) That prior to the lifting of the "H" on
Block C, the Owner shall enter into
an agreement with the Town
regarding the detailed design,
construction timing and
maintenance of the Owner's portion
of Street B (as an interim right in
right out street) and the southerly
portion of Street C;
e) That prior to the lifting of the "H" on
Block B, Streets B and C referred to
above, shall be constructed and the
necessary conveyances and
agreements executed to the
satisfaction of the Town and the
Region;
f) That prior to the lifting of the "H" on
Block B, intersection improvements
Town of Newmarket Zoning By-law Consolidated August 2025 294
By-Law
No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
at George Street and Davis Drive
shall be implemented unless
demonstrated, to the satisfaction of
the Town and the Region, through
an Updated Traffic Impact Study
that the improvements are required
sooner or later than this phase, and
the necessary agreements
executed with the Town and the
Region;
g) That prior to the lifting of the "H" on
Block A, Street C shall be
constructed and extended to
the northerly boundary of the
subject property to facilitate a
connection to Street D, to the
satisfaction of the Town.
h) No amendment to this By-law is
required should it be determined, to
the satisfaction of the Town Council
and/or Region, as the case may be,
that the timing of any of the
transportation improvements or
their linkage to certain Blocks of the
development should be revised,
provided such changes are
supported by the appropriate
studies also prepared to the
satisfaction of the Town, and where
applicable the Region.
Town of Newmarket Zoning By-law Consolidated August 2025 295
By-Law
No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
12. Official Plan:
That prior to lifting the "H" on each
phase, all relevant provisions of the
Official Plan have been complied with.
Town of Newmarket Zoning By-law Consolidated August 2025 296
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2014-51
Holding
Provision
Removed
By By-
Laws 2017-
15 & 2019-
80 & 2022-
41 & 2025-
73
Part of Lot 96.
Concession 1
W.Y.S.
No person within the lands zoned the
R1-E- 125, R1-F-125, R2-H-125, R4-
R-125, AND R4-R1-125 Zones, shall
use any lot or erect, alter or use any
buildings or structures for any
purpose except for those uses which
existed on the date of passing of this
By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-law shall occur unless an
amendment to this By-law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
However, the Holding provision will
not prevent the construction of
model homes, a sales office and/or
in-ground and above ground
services if deemed appropriate and
desirable by the Town.
-
All relevant provisions of the
Official Plan, have been complied
with;
-
That sufficient servicing capacity is
available, and has been allocated by
the Town;
-
That a subdivision agreement has
been entered into between the
Owner of the lands and the
Corporation of the Town of
Newmarket, and the performance
security contemplated therein has
been posted;
-
All necessary requirements of the
Town have been satisfied;
-
All necessary approvals have
been received by other
commenting agencies and
authorities.
-
For lots 71 to 91. The H will be not
be removed until such time as the
owner has demonstrated to the
satisfaction of the Town's Director
of Engineering Services that the lots
can be graded in accordance with
the Town's Engineering Standards.
September
29, 2014
Town of Newmarket Zoning By-law Consolidated August 2025 297
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2014-54
Holding
Provision
Removed
By By-Law
2015-29
212 Davis Drive
Part of Lot 4,
Registered Plan
32, Town of
Newmarket
No person within the lands zoned
(H)UC-R- 124 shall erect, alter or
use any land, buildings or structures
for any purpose except for those
uses which existed on the date of
passing of this By-law. Any grading,
filling or works necessary to fulfill the
requirements of testing for and/or
site remediation required to obtain
approval for Record of Site
Condition and/or to provide
approved servicing, shall be
permitted.
Furthermore, no changes, extension
or enlargement of the uses which
existed on the date of passing of this
By-law shall occur unless an
amendment to this By-law or removal
of the '(H)' prefix, as identified in the
next column, is approved by Town
Council and By-law comes into full
force and effect.
However, the Holding provision will
not prevent any remediation or
testing as addressed above, or any
testing related to Source Water
Protection and/or in-ground and
above ground services, if deemed
appropriate and desirable by the
Town.
1. Grading:
That prior to lifting the "H" it shall be
demonstrated to the satisfaction of the
Town that the proposed grading and
elevation of the proposed apartment
building and accessory parking
structure achieve appropriate vehicle
and pedestrian connectivity to the future
Minor Collector at the rear, and
appropriately connect and transition to
the surrounding properties, including
Davis Drive.
2. Conveyance of the minor
Collector and Hydro Easement
along the frontage of Davis Drive:
That prior to the lifting of the "H", that
the Owner shall enter into an
agreement with the Town for the
conveyance of the space required for
the Future Minor Collector across the
rear of 212 Davis Drive and the 3m
easement and associated facilities at
the Davis Drive frontage and the
necessary agreements executed with
the Town, and applicable agencies.
September
29, 2014
Town of Newmarket Zoning By-law Consolidated August 2025 298
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
3. Sanitary Sewage Conveyance:
That prior to lifting the "H" it shall be
demonstrated to the satisfaction of the
Town that there is sufficient existing
sanitary sewer conveyance capacity
available, or through a detailed
calculation, demonstrate that water
conservation measures will achieve the
same end and that there will be no
downstream adverse impacts.
4. Record of Site Condition:
That prior to lifting the "H" a Record
of Site Condition shall be filed in
accordance with the Town's Official
Plan. (Policy 10.4.7a)
5. Stormwater:
That prior to lifting the "H" a detailed
Stormwater management plan shall be
submitted to the satisfaction of the
Town, the Region and the Lake Simcoe
Region Conservation Authority.
6. Servicing Conveyance:
That prior to lifting of the "H" provision
for municipal services and access
shall be to the satisfaction of the
Town and the necessary agreements
executed with the Town.
Town of Newmarket Zoning By-law Consolidated August 2025 299
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
7. Source Water Impact and
Assessment Mitigation Plan:
That prior to the lifting the "H" a Source
Water Impact and Assessment
Mitigation Plan shall be required to
have received approval from the
Region of York demonstrating that any
construction activities, including any
dewatering or groundwater
depressurization will not interfere with
quantity and quality of groundwater of
the municipal well(s).
8. Parking Requirements:
(Development Standard (iv)(i)):
That prior to the lifting of the "H" it
shall be demonstrated to the
satisfaction of the Town through a
parking justification report that any
parking reduction from 1.1 Parking
spaces per dwelling unit can be
justified, and that parking demand
management options, including but
not limited to, parking agreements and
shared parking be to the satisfaction
of the Town.
9. Maximum Height of Accessory
Parking Structure: (Development
Standard (iv)(k)):
That prior to the lifting to the "H" and
Town of Newmarket Zoning By-law Consolidated August 2025 300
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
subject to the grading and elevation
provisions addressed in Holding
provision #1 Grading, that it be
demonstrated to the satisfaction of
the Town that the maximum height of
the accessory
parking structure as identified in
Development Standard (iv)(k) of the
By-law, is justified.
10. Bonusing
That prior to lifting the "H" an
Agreement pursuant to Section 37 of
the Planning Act has been entered
into between the Town and the
Owner of the lands.
11. Site Plan Agreement:
That prior to lifting the "H" a Site Plan
Agreement has been entered into
between the Town and the Owner of
the lands and the performance
security contemplated therein posted.
12. Official Plan:
That prior to lifting the "H", all relevant
provisions of the Official Plan have
been complied with.
Town of Newmarket Zoning By-law Consolidated August 2025 301
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2015-28
Holding
Provision
Removed
By By-
Law 2018-
29.
17844 Leslie Street
Southwest Corner of
Leslie Street and
Jeanette Street.
No person within the lands zoned
(H)CA shall use any lot or erect,
alter or use any buildings or
structures for any purpose except
for those uses which existed on the
date of passing of this By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-law shall occur unless an
amendment to this By-law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full
force and effect.
The requirements of Section 10.4,
Contaminated Lands, of the town's
Official Plan have been satisfied to the
satisfaction of the Director of
Engineering Services.
June 22,
2015
Town of Newmarket Zoning By-law Consolidated August 2025 302
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
OMB
decision
PL141386
Cougs
Part of Lot 89,
Concession 1
Westerly terminus of
Silken Laumann Dr.
No person within the lands zoned
(H) R4-R- 128 shall use any lot or
erect, alter or use any buildings or
structures for any purpose except for
those uses which existed on the
date of passing of this By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-law shall occur unless an
amendment to this By-law or
removal of the '(H)' prefix, as
identified in the next column, is
approve by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
However, the Holding provision will
not prevent the construction of
model homes, a sales office and/or
in-ground and above ground
services if deemed appropriate and
desirable by the Town.
-
All relevant provisions of the
Official Plan, have been
complied with;
-
That sufficient servicing capacity
is available, and has been
allocated by the Town;
-
That a development agreement
has been entered into between
the Owner of the lands and the
Corporation of the Town of
Newmarket, and the performance
security contemplated therein
has been posted;
-
All necessary requirements of
the Town have been satisfied;
-
All necessary approvals have
been received by other
commenting agencies and
authorities.
April 11,
2017
Town of Newmarket Zoning By-law Consolidated August 2025 303
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2015-61
Holding
Provision
Removed
By By-
Law 2018-
36.
955 and 995 Mulock
Drive
No person within the lands zoned
(H)R4-R shall use any lot or erect,
alter or use any buildings or
structures for any purpose except
for those uses which existed on the
date of passing of this By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
However, the Holding provision will
not prevent the construction of
model homes, a sales office and/or
in-ground and above ground
services if deemed appropriate and
desirable by the Town.
-
All relevant provisions of the
Official Plan, have been complied
with;
-
The sufficient servicing capacity is
available, and has been allocated
by the Town;
-
That a subdivision agreement and
site plan agreement have been
entered into between the Owner of
the lands and the Corporation of
the Town of Newmarket, and the
performance security
contemplated therein has been
posted;
-
All necessary requirements of the
Town have
been satisfied;
-
All necessary approvals have
been received by other
commenting agencies and
authorities.
December
14, 2015
Town of Newmarket Zoning By-law Consolidated August 2025 304
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2016-35
345 and 351 Davis
Drive
No person within the lands zoned
(H)UC-R- 130 shall use any lot to
erect, alter or use any buildings or
structures for any purpose except
for those uses which existed on the
date of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-Law or removal of the '(H)'
prefix, as identified in the next
column, is approved by the
Council of the Corporation of the
Town of Newmarket and comes
into full force and effect.
That sufficient servicing capacity is
available, and has been allocated by
the Town.
June 27,
2016
Town of Newmarket Zoning By-law Consolidated August 2025 305
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2016-63
281 Main Street North No person within the lands zoned
(H)R4-R- 132 shall use any lot or
erect, alter or use any buildings or
structures for any purpose except for
those uses which existed on the date
of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
All relevant provisions of the Official
Plan, have been complied with;
That sufficient servicing capacity is
available, and has been allocated by
the Town;
That a subdivision agreement has
been entered into between the
Owner of the lands and the
Corporation of the Town of
Newmarket, and the performance
security contemplated therein has
been posted;
All necessary requirements of the
Town have been satisfied;
All necessary approvals have been
received by other commenting
agencies and authorities.
December
5, 2016
Town of Newmarket Zoning By-law Consolidated August 2025 306
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2017-28
Holding
Provision
Removed
By By-Law
2018-35.
400 Park Avenue,
405 and
407 Botsford Street
No person within the lands zoned
(H)R4-R and (H)R5-T shall use any
lot or erect, alter or use any
buildings or structures for any
purpose except for those uses
which existed on the date of
passing of this By- Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-Law shall occur unless an
amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
However, the Holding provision will
not prevent the construction of
model homes, a sales office and/or
in-ground and above ground
services if deemed appropriate and
desirable by the Town.
-
All relevant provisions of the
Official Plan, have been complied
with;
-
That sufficient servicing capacity is
available, and has been allocated by
the Town;
-
That a subdivision agreement and/or
site plan agreement have been
entered into between the Owner of
the lands and the Corporation of the
Town of Newmarket, and the
performance security contemplated
therein has been posted;
-
All necessary requirements of the
Town have been satisfied;
-
All necessary approvals have
been received by other
commenting agencies and
authorities.
May 15,
2017
Town of Newmarket Zoning By-law Consolidated August 2025 307
By-law
No.
Property Description Permitted Uses Until the Holding
Provision Removed
Conditions for Removal of the "H"
Date
Enacted
2017-40 106 Main Street
South, Lot 7 of
Registered Plan 222,
Town of Newmarket,
Regional
Municipality of York
No person within the lands zoned
(H)UC-D1 known by the municipal
address 106 Main Street South shall
erect, alter or use any land, buildings
or structures for any purpose except
for those uses which existed on the
date of passing of this By- law.
-
Site Plan Agreement:
That prior to lifting the "H" a Site Plan
Agreement has been entered into between the
Town and the Owner of the lands.
1. Official Plan:
That prior to lifting the "H", all relevant
provisions of the Official Plan have been
complied with.
June 26,
2017
Town of Newmarket Zoning By-law Consolidated August 2025 308
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2017-44
Holding
Provision
Removed
By By-
Law 2018-
38.
260 Eagle Street
No person within the lands zoned
(H)R4-R shall use any lot or erect,
alter or use any buildings or
structures for any purpose except
for those uses which existed on the
date of passing of this By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of this
By-law shall occur unless an
amendment to this By-law or
removal of the '(H)' prefix, as
identified in the next column is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full force
and effect.
However, the Holding provision will
not prevent the construction of
model homes, a sales office, and/or
in-ground and above ground
services if deemed appropriate and
desirable by the Town.
-
All relevant provisions of the
Official Plan, have been complied
with;
-
That sufficient servicing capacity is
available, and has been allocated by
the Town;
-
That an Environmental Noise
Assessment has been completed
to the Town's satisfaction.
-
That a subdivision agreement and/or
site plan agreement have been
entered into between the Owner of
the lands and the Corporation of the
Town of Newmarket, and the
performance security contemplated
therein has been posted;
-
All necessary requirements of the
Town have been satisfied;
-
All necessary approvals have
been received by other
commenting agencies and
authorities.
June 26,
2017
Town of Newmarket Zoning By-law Consolidated August 2025 309
By-law No.
Property Description Permitted Uses Until Holding
Provision Removed
Conditions for Removal of the "H"
Date
Enacted
2018-51
Parts
1
and
2 of
Registered Plan 65R-
21988,
Town of Newmarket,
Regional Municipality of
York, municipally
known as 18095
and 18099 Leslie
Street, more
particularly Parcel 'A'
identified on Schedule
X of By-law 2018-51.
No person within the lands
zoned (H) CS- 145 Zone shall
erect, alter or use any land,
buildings or structures for any
purpose except for those uses
which legally existed on the
date of passing of By-law
2018-51.
Site Plan Agreement:
That prior to lifting the "H" a Site Plan
Agreement has been entered into
between the Town and the Owner of
the lands.
September
24, 2018
2018-51
The eastern area of
Part 2 of Registered
Plan 65R-21988,
Town of Newmarket,
Regional Municipality of
York, municipally
known as 18095
and 18099 Leslie
Street, more
particularly Parcel 'B'
identified on Schedule
X of By-law 2018-51.
No person within the lands
zoned (H) CS- 145 Zone shall
erect, alter or use any land,
buildings or structures for any
purpose except for those uses
which legally existed on the
date of passing of By-law
2018-51.
Site Plan Agreement:
That prior to lifting the "H" a Site Plan
Agreement has been entered into
between the Town and the Owner of
the lands addressing, among other
matters,
stormwater
management,
grading, landscaping, and buffering for
the lands identified as Parcel 'B'.
September
24, 2018
Town of Newmarket Zoning By-law Consolidated August 2025 310
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
2018-49
175 Deerfield
Road Parcel
A as identified
by Schedule
"1" to this By-
law.
No person within the lands zoned
(H)UC- R-144 shall erect, alter or
use
any
land,
buildings
or
structures for any purpose except
for those uses which existed on the
date of passing of this By-law.
Furthermore,
no
changes,
extension or enlargement of the
uses which existed on the date of
passing of this By-law shall occur
unless an amendment to this By-
law or removal of the '(H)' prefix, as
identified in the next column, is
approved by Town Council and the
By- law comes into full force and
effect.
However, the Holding provision will
not prevent any remediation or
testing as addressed above, or any
testing related to related to Source
Water Protection and/or in-ground
and above ground services, if
deemed appropriate and desirable
by the Town. Any grading, filling or
works necessary to fulfill the
requirements of testing for and/or
site remediation required to obtain
approval
for
Record
of
Site
Condition
and/or
to
provide
approved
servicing,
shall
be
Confirmation is provided to the Town in the form of an
acknowledgement from the Ministry of the Environment,
Conservation, and Parks (MOECP) that a Record of Site
Condition (RSC) has been filed for the site.
The property owner has been transferred ownership of
the lands occupied by Deerfield Road.
That sufficient servicing capacity has been allocated by
the Town. Easements in favor of the Town have been
registered on title to the Deerfield Road lands to ensure
uninterrupted public access over the private roads.
Agreements have been executed to ensure the property
owner accepts responsibility for all costs associated with
the closure of the public road, transfer of ownership,
creation of easements, and reconstruction of the road.
Access for abutting property owners has been ensured
through the appropriate easement and agreement
documents to the satisfaction of the Town.
An agreement to provide an easement in favor of the
Town has been secured over 212 Davis Drive and 230
Davis Drive to secure vehicular and pedestrian
connections between the subject lands and Davis Drive
to the satisfaction of the Town.
That a Section 37 Agreement be executed for Parcel A to
the satisfaction of the Town to permit the discretionary
maximum height of 15 storeys and discretionary
maximum density of 3.0 FSI. Confirmation has been
provided by the Director of Engineering Services that it
has been demonstrated that an adequately sized sanitary
sewer of sufficient depth to service all phases of the
proposed development is able to be constructed for the
Town of Newmarket Zoning By-law Consolidated August 2025 311
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
permitted.
Notwithstanding
the
above,
grading,
excavation,
shoring,
construction
of
below
grade
structures and installation of below
grade infrastructure may occur prior
to the lifting of the holding symbol
and registration of the Record(s) of
Site Condition. Prior to these
activities taking place the applicant
must enter into a leading site plan
agreement for the lands to address
tree
removals
and
protection,
insurance, and accepting liability for
undertaking works in advance of
final site plan approval.
development. The sewer shall outlet to the existing
sanitary
sewer
on
Parkside
Drive
unless
it
is
demonstrated during the detailed design stage that this
option is not feasible.
A Site Plan Agreement to permit the residential
development as proposed on Parcel A has been entered
into between the Town and the property owner and
registered on title to the property.
That the Owner has entered into an agreement with the
Town for the conveyance of the space required for the
future Minor Collector across the southern edge of 175
Deerfield Road.
2018-49
Removed
by By-law
2022-20
175 Deerfield
Road Parcel B
as identified by
Schedule "1"
to this By-law.
No person within the lands zoned
(H)UC- R-144 shall erect, alter or
use
any
land,
buildings
or
structures for any purpose except
for those uses which existed on the
date of passing of this By-law.
Furthermore,
no
changes,
extension or enlargement of the
uses which existed on the date of
passing of this By-law shall occur
unless an amendment to this By-
law or removal of the '(H)' prefix, as
identified in the next column, is
approved by Town Council and the
By- law comes into full force and
effect.
Confirmation is provided to the Town in the form of an
acknowledgement from the Ministry of the Environment,
Conservation, and Parks (MOECP) that a Record of Site
Condition (RSC) has been filed for the site.
That sufficient servicing capacity has been allocated by
the Town.
Confirmation has been provided by the Director of
Engineering Services that it has been demonstrated that
an adequately sized sanitary sewer of sufficient depth to
service all phases of the proposed development is able to
be constructed for the development. The sewer shall
outlet to the existing sanitary sewer on Parkside Drive
unless it is demonstrated during the detailed design stage
that this option is not feasible.
Town of Newmarket Zoning By-law Consolidated August 2025 312
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
However, the Holding provision will
not prevent any remediation or
testing as addressed above, or any
testing related to related to Source
Water Protection and/or in-ground
and
above-ground
services,
if
deemed appropriate and desirable
by the Town. Any grading, filling or
works necessary to fulfill the
requirements of testing for and/or
site remediation required to obtain
approval
for
Record
of
Site
Condition
and/or
to
provide
approved
servicing,
shall
be
permitted.
Notwithstanding
the
above,
grading,
excavation,
shoring,
construction
of
below
grade
structures and installation of below
grade infrastructure may occur prior
to the lifting of the holding symbol
and registration of the Record(s) of
Site Condition. Prior to these
activities taking place the applicant
must enter into a leading site plan
agreement for the lands to address
tree
removals
and
protection,
insurance, and accepting liability for
undertaking works in advance of
final site plan approval.
The property owner has been transferred ownership of
the lands occupied by Deerfield Road.
Easements in favor of the Town have been registered on
title to the Deerfield Road lands to ensure uninterrupted
public access over the private roads. Agreements have
been executed to ensure the property owner accepts
responsibility for all costs associated with the closure of
the public road, transfer of ownership, creation of
easements, and reconstruction of the road. Access for
abutting property owners has been ensured through the
appropriate easement and agreement documents to the
satisfaction of the Town.
An agreement to provide an easement in favor of the
Town has been secured over 212 Davis Drive and 230
Davis Drive to secure vehicular and pedestrian
connections between the subject lands and Davis Drive
to the satisfaction of the Town.
That a Section 37 Agreement be executed for Parcel B to
the satisfaction of the Town to permit the discretionary
maximum height of 10 storeys and discretionary
maximum density of 2.5 FSI. A Site Plan Agreement to
permit the residential development as proposed on Parcel
B has been entered into between the Town and the
property owner and registered on title to the property.
That the Owner has entered into an agreement with the
Town for the conveyance of the space required for the
future Minor Collector across the southern edge of 175
Deerfield Road.
Town of Newmarket Zoning By-law Consolidated August 2025 313
By-law
No.
Property Description Permitted Uses Until the Holding
Provision Removed
Conditions for Removal of the "H"
2018-17
Holding
Provision
Removed
By By-
Law
2021-05
Part of Lot 87,
Concession 1, Town
of Newmarket
No person within the lands zoned
(H) R1- FX-1, (H) R1-F-X2, (H)
R2-H-X, (H) R4-R-
X1 and (H) R4-R-X2 Zones shall
use any lot or erect, alter or use
any buildings or structures for
any purpose except for those
uses which existed on the date
of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-Law shall occur unless
an amendment to this By- Law or
removal of the '(H)' prefix is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full
force and effect.
However, the Holding provision
will not prevent the construction
of model homes, a sales office
and/or in-ground and above
ground services if deemed
appropriate and desirable by the
Town.
i) All relevant provisions of the Official Plan, have been
complied with;
ii) That sufficient servicing capacity is available,
and has been allocated by the Town;
iii) That a subdivision agreement and/or site plan
agreement have been entered into between the Owner
of the lands and the Corporation of the Town of
Newmarket, and the performance security
contemplated therein has been posted;
iv)
All necessary requirements of the Town have been
satisfied;
v) All necessary approvals have been received by other
commenting agencies and authorities
vi)
Block 53
Prior to lifting the "H" on Block 53, the owner shall have
demonstrated that either:
a) The applicant agrees to convey Block 53 to the
Town for the purposes of a public connection at no
cost to the Town of Newmarket; or
b) Through the Development Approval process of the
west, the Town and York Region determine that an
interconnection is not required.
Town of Newmarket Zoning By-law Consolidated August 2025 314
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2018-12
Part of Lot 96,
Concession 1, East
of Yonge Street,
Town of Newmarket
No person within the lands zoned
(H)UC- P-140 shall use any lot or
erect, alter or use any buildings or
structures for any purpose except
for those uses which existed on the
date of passing of this By- Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-Law shall occur unless an
amendment to this By- Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation
of
the
Town
of
Newmarket and comes into full
force and effect.
However, the Holding provision
will not prevent the construction of
model homes, a sales office
and/or in-ground and above
ground services if deemed
appropriate and desirable by the
Town.
Servicing Allocation:
a) That prior to lifting the "H" on each
phase, servicing capacity shall be
demonstrated to be available and has
been allocated by the Town generally at
the time of Site Plan application, subject
to the footnote below; and
b) That York Region is satisfied and has
advised in writing that the required
infrastructure to support the capacity
assignment associated with this
development will be completed within a
time period acceptable to the Region
(usually 6 to 36 months depending on the
complexity of the site plan development);
or,
c) The Regional Commissioner of
Environmental Services confirms
servicing allocation for this development
by a suitable alternative method and the
Town allocates the capacity to this
development;
Sanitary Sewage Conveyance - That
prior to the lifting of the "H" on each
phase, it shall be demonstrated to the
satisfaction of the Town that there is
February
9, 2009
Town of Newmarket Zoning By-law Consolidated August 2025 315
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
sufficient existing sanitary sewer
conveyance capacity available or through
a detailed calculation demonstration that
there is sufficient capacity conveyance
and that the necessary downstream
sanitary improvement works have been
completed to the satisfaction of the
Town.
Stormwater - That prior to lifting the "H"
on each phase, a detailed storm water
management plan shall be submitted to
the satisfaction of the Town, the Region
and Lake Simcoe Region Conservation
Authority;
Water Supply - That prior to lifting the "H"
on each phase, a water supply analysis
shall be submitted to the satisfaction of the
Town;
Traffic and Parking - prior to lifting the
"H" on Phases 2 and 3 of the
development, an updated Transportation
Mobility Plan (TMP) will be prepared and
submitted to the satisfaction of the Town.
The updated plan will determine the
impacts that proposed network
improvements (e.g. widening of Yonge
Street) may have on the study area;
Town of Newmarket Zoning By-law Consolidated August 2025 316
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
confirm the trip generation rates and
growth assumptions as development
occurs; confirm the pedestrian travel
operations and ensure that the Level of
Service (LOS) for pedestrian movements
are maintained as a reasonable LOS in
this area. The updated TMP for Phase 2
and 3 is to also review parking and
vehicular queuing.
Site Plan Agreement - That prior to
lifting the "H" on each phase, a site plan
agreement shall be entered into
between the Owner of the lands and the
Town, and the performance security
contemplated therein has been posted.s
of Removal.
Town of Newmarket Zoning By-law Consolidated August 2025 317
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2019-01
172-178 Old Main
Street
No person within the lands zoned
(H)R1-B- 141 and (H)R2-H-141,
shall use any lot or erect, alter or
use any buildings or structures for
any purpose except for those uses
which existed on the date of
passing of By-Law 2019-01.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
By-Law 2019-01 shall occur unless
an amendment to the By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full
force and effect.
1.
That sufficient servicing capacity is
available, and has been allocated by
the Town.
2.
That a subdivision agreement has
been entered into between the Owner
of the lands and the Corporation of the
Town of Newmarket, and the
performance security contemplated
therein has been posted;
3.
All relevant provisions of the Official
Plan, have been complied with;
4.
All necessary requirements of the
Town have been satisfied; and
5.
All necessary approvals have been
received by other commenting
agencies and authorities.
December
21, 2018
for appeal
PL180519
Town of Newmarket Zoning By-law Consolidated August 2025 318
By-Law
No.
Property Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2020-13
Holding
Provision
Removed
By By-
Law
2020-37
665-695 Stonehaven
Avenue
No person within the lands zoned
(H)CR-2-108 shall use any land,
buildings or structures for a day
nursery unless an amendment to By-
law 2020-13 or removal of the '(H)'
prefix, as identified in the next column,
is approved by Town Council and the
By-law comes into full force and
effect.
That a Record of Site Condition
(RSC) has been filed for the site.
That the Director of Engineering
Services has confirmed that the
servicing design is sufficient for the
proposed use.
That the owner has entered into an
amending site plan agreement with
the Town for the required changes to
the site.
March
2nd,
2020
By-Law No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2020-38
Holding
Provision
Removed by
By-law
2022-21
Blocks 164 and
165, Plan 19TN
2012-001
No person within the lands zoned
(H)R5-T-124 or (H)CR-2-126 shall
erect, alter, or use any land,
buildings or structures for any
purpose
A Record of Site Condition (RSC) has
been filed for the site to the satisfaction
of the Director of Engineering Services.
That sufficient servicing capacity has
been allocated by the Town as confirmed
by the Director of Planning and Building
Services.
That a site plan agreement has been
entered into between the Owner and the
Town and the performance security
contemplated therein has been posted.
June
29th,
2020
Town of Newmarket Zoning By-law Consolidated August 2025 319
By-Law No.
Property
Description
Permitted Uses Until Holding
Provision Removed
Conditions for Removal
Date
Enacted
2020-52
Holding
Provision
Removed by
By-law
2021-42
292-294
Court Street,
Lot 5, Plan
25
No person within the lands
described as 292-294 Court
Street, Lot 5, Plan 25, shall
erect or alter any buildings or
structures for any purpose.
That sufficient servicing capacity has been
allocated by the Town as confirmed by the
Director of Planning and Building Services.
That a consent application has been
approved by the Committee of Adjustment
for the severance of the subject lands.
That a site plan agreement has been
entered into between the Owner and the
Town and the performance security
contemplated therein has been posted.
September
21st, 2020
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2021-23
17365 &
17395
Yonge Street
No person within the lands
described as 17365 & 17395
shall erect or alter any buildings
or structures for any purpose.
That sufficient servicing capacity has been
allocated by the Town as confirmed by the
Director of Planning and Building Services.
That confirmation is provided to the Town
in the form of an acknowledgement from
the Ministry of the Environment,
Conservation and Parks (MOECP) that a
Clean Record of Site Condition (RSC) has
been filed for the site.
That a site plan agreement has been
entered into between the Owner and the
Town and the performance security
contemplated therein has been posted.
May 10,
2021
Town of Newmarket Zoning By-law Consolidated August 2025 320
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2022-49
16860 &
16920 Leslie
Street
(Forest
Green
Homes)
No person within the lands
zoned (H)R1-E-151, (H)R1-F-
152, (H)R1-CP-153, (H)R4-CP-
160, (H)R4-CP-161, (H)R1-HCP-
162 and (H)R5-S Zone shall use
any lot or erect, alter or use any
buildings or structures for any
purpose except for those uses
which existed on the date of
passing of this By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-Law shall occur unless
an amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full
force and effect.
However, the Holding provision
will not prevent the construction
of model homes, a sales office
and/or in- ground and above
ground services if deemed
appropriate and desirable by the
Town.
That sufficient servicing capacity has been
allocated by the Town as confirmed by the
Director of Planning and Building Services.
That the Owner has signed the Town's
subdivision agreement and has posted all
performance security contemplated therein;
That a site plan agreement has been entered
into between the Owner and the Town and
the performance security contemplated
therein has been posted.
That a Clean Record of Site Condition has
been provided to the satisfaction of the
Director of Engineering.
July 11,
2022
Town of Newmarket Zoning By-law Consolidated August 2025 321
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2022-53
Lots 1-10,
Blocks
11, 12 and 13
as set out on
19TN-2019-
001
(former
Glenway Golf
Course)
No person within the lands
zoned (H)R1-D, (H)R1- D-157,
R1-D-158, (H)R4-N-159 Zone
shall use any lot or erect, alter or
use any buildings or structures
for any purpose except for those
uses which existed on the date
of passing of this By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-Law shall occur unless
an amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full
force and effect.
However, the Holding provision
will not prevent the construction
of model homes, a sales office
and/or in- ground and above
ground services if deemed
appropriate and desirable by the
Town.
That sufficient servicing capacity is available,
and has been allocated by the Town;
That the Owner has signed the Town's
subdivision agreement and has posted all
performance security contemplated therein;
For Blocks 11, 12 and 13 that the Owner has
signed a Town site plan agreement and has
posted all performance security
contemplated therein.
That Records of Site Condition for the lands
have been provided to the satisfaction of the
Director of Engineering Services.
August 29,
2022
Town of Newmarket Zoning By-law Consolidated August 2025 322
By-law. No.
Property
Description
Permitted Uses Until
Holding Provision is
Removed
Conditions for Removal
Date
Enacted
1095 Stellar
Avenue
No person within the lands
zoned (H)CS-163 Zone shall
use any lot or erect, alter or
use any buildings or
structures for any purpose
except for those uses which
existed on the date of
passing of this By-law.
Furthermore, no extension or
enlargement of the uses
which existed on the date of
passing of this By-law shall
occur unless an amendment
to this By-law of removal of
the 'H'
That a site plan agreement has been
entered into between the Owner and the
Town and the performance security
contemplated therein has been posted.
That a Clean Record of Site Condition has
been provided to the satisfaction of the
Director of Engineering.
January 23,
2023
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2022-69
All of Lot 16
and 17,
Registered
Plan 438 in
the Town of
Newmarket
(247-251
Kathryn
Crescent)
No person within the lands
zoned (H)R1- D-155 shall erect,
alter or use any land, buildings
or structures for any purpose.
That a Stormwater Management Plan has
been completed for the site to the
satisfaction of the Director of Engineering
Services.
August 4,
2022
Town of Newmarket Zoning By-law Consolidated August 2025 323
By-law. No.
Property
Description
Permitted Uses Until
Holding Provision is
Removed
Conditions for Removal
Date
Enacted
Prefix, as identified in the
next column, is approved by
the Council of the
Corporation of the Town of
Newmarket and comes into
full force and effect
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2023-15
Lots 6 to 9
Inclusive and
Lot 20 Plan
385
1015, 1025,
1029 Davis
Drive, and 22
Hamilton
Drive
No person within the lands
zoned (H) R4-R-164 Zone shall
use any lot or erect, alter or use
any buildings or structures for
any purpose except for those
uses which existed on the date
of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing
of this By-Law shall occur
unless an amendment to this
By-Law or removal of the '(H)'
prefix, as identified in the next
column, is approved by the
Council of the Corporation of
the Town of Newmarket and
comes into full force and effect.
That sufficient servicing capacity is available,
and has been allocated by the Town;
That the Owner has signed the Town's site
plan agreement and has posted all
performance security contemplated therein;
That compensation, in accordance with the
Town's Tree Preservation, Protection,
Replacement and Enhancement Policy has
been provided to the Town for the removal of
trees on the site; and,
That a Clean Record of Site Condition has
been acknowledged by the Ministry.
March 20, 2023
Town of Newmarket Zoning By-law Consolidated August 2025 324
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2023-30
Part E1/4
Lot 3,
Concession
2, East
Gwillimbury
Being Parts
1 &2 on
Plan
65R3055,
Town of
Newmarket
1038 and
1040
Jacarandah
Drive
No person within the lands
zoned (H)R2-H-165 Zone
shall use any lot or erect, alter
or use any buildings or
structures for any purpose
except for those uses which
existed on the date of passing
of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing
of this By-Law shall occur
unless an amendment to this
By-Law or removal of the '(H)'
prefix, as identified in the next
column, is approved by the
Council of the Corporation of
the Town of Newmarket and
comes into full force and
effect.
That sufficient servicing capacity is
available, and has been allocated by the
Town as confirmed by the Director of
Planning and Building Services;
That the Owner has signed the Town's
site plan agreement and has posted all
performance security contemplated
therein;
That the Owner has signed the Town's
subdivision agreement and has posted all
performance security contemplated
therein
That compensation, in accordance with
the Town's Tree Preservation, Protection,
Replacement and Enhancement Policy
has been provided to the Town for the
removal of trees on the site.
May 15,
2023
Town of Newmarket Zoning By-law Consolidated August 2025 325
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2023-39
Block 34 on
Plan 65M-
2836
415 Pickering
Crescent
No person within the lands
zoned (H)R1-F-168 Zone shall
use any lot or erect, alter or use
any buildings or structures for
any purpose except for those
uses which existed on the date
of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing of
this By-Law shall occur unless
an amendment to this By-Law or
removal of the '(H)' prefix, as
identified in the next column, is
approved by the Council of the
Corporation of the Town of
Newmarket and comes into full
force and effect.
That compensation, in accordance with the
Town's Tree Preservation, Protection,
Replacement and Enhancement Policy has
been provided to the Town for the removal of
trees on the site; and,
That compensation, in accordance with the
letter of understanding provided by the
applicant to address affordable housing
policies be provided.
June 26,
2023
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
Town of Newmarket Zoning By-law Consolidated August 2025 326
2023-47
600
Stonehaven
Avenue
PT LT 28 CON
2 WITCHURCH
PTS 1, 4
65R13728
EXCEPT PTS
4, 5,
65R18812,
PTS 1, 2, 3, 4,
5, 65R18931 &
PT 1
65R18846; T/W
R528828 (PT 5
65R13728) ;
S/T R461235,
R521738,
R525520;
NEWMARKET
No person within the lands
zoned (H) R1-E-169, (H) R1-F-
170, (H) R4-R-171, (H) R4-R-
172 Zone shall use any lot or
erect, alter or use any buildings
or structures for any purpose
except for those uses which
existed on the date of passing
of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing
of this By-Law shall occur
unless an amendment to this
By-Law or removal of the '(H)'
prefix, as identified in the next
column, is approved by the
Council of the Corporation of
the Town of Newmarket and
comes into full force and effect.
However, the Holding provision
will not prevent the construction
of model homes, a sales office
and/or in- ground and above
ground services if deemed
appropriate and desirable by
the Town.
That sufficient servicing capacity is available,
and has been allocated by the Town;
That Records of Site Condition for the lands
have been provided to the satisfaction of the
Director of Engineering Services;
That the Owner has signed the Town's
subdivision agreement and has posted all
performance security contemplated therein;
For Blocks 58 and 59, that the Owner has
signed a Town site plan agreement and
has posted all performance security
contemplated therein; and,
That compensation, in accordance with the
Town's Tree Preservation, Protection,
Replacement and Enhancement Policy has
been provided to the Town for the removal of
trees on the site; and,
That compensation has been provided by the
applicant to address the Town's affordable
housing policies.
September
18, 2023
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
Town of Newmarket Zoning By-law Consolidated August 2025 327
2023-68
99 Main Street
South (PT LT
87 E/S MAIN
ST PL 222
NEWMARKET
AS IN R174593
NEWMARKET)
, 103-105 Main
Street South
(PT LT 88 E/S
MAIN ST PL
222
NEWMARKET
AS IN B30113B
TOWN OF
NEWMARKET)
; 454 Queen
Street (PT LT
86 E/S MAIN
ST PL 222 AS
IN R502257
TOWN OF
NEWMARKET)
, 462 Queen
Street (PT LT
105 S/S MILL
ST PL 222
NEWMARKET
AS IN R726658
;
NEWMARKET)
, 466 Queen
Street (PT LT
105 S/S MILL
ST PL 222
NEWMARKET;
No person within the lands
zoned (H) R4-S-173 Zone or
(H) UC-D1-174 shall use any
lot or erect, alter or use any
buildings or structures for any
purpose except for those uses
which existed on the date of
passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing
of this By-Law shall occur
unless an amendment to this
By-Law or removal of the '(H)'
prefix, as identified in the next
column, is approved by the
Council of the Corporation of
the Town of Newmarket and
comes into full force and effect.
However, the Holding provision
will not prevent any remediation
or testing, or any testing related
to Source Water Protection
and/or construction of in-ground
and above ground services, if
deemed appropriate and
desirable by the Town. Any
grading, filling or works
necessary to fulfill the
requirements of testing for
and/or site remediation required
to obtain approval for Record of
Site Condition and/or to provide
approved servicing, shall be
That Servicing Allocation has been granted
in accordance with the Town's Servicing
Allocation Policy.
A Site Plan Agreement to permit the
development as proposed has been entered
into between the Town and the property
owner.
That any easements and land transfers
required to implement the proposed
development have been obtained and/or
finalized, to the satisfaction of the Town,
including, without limitation, easements for
access to the development from Queen
Street across the common element
condominium lands at 115 Main Street.
That compensation, in accordance with the
Town's Tree Preservation, Protection,
Replacement and Enhancement Policy has
been provided to the Town for the removal of
trees on the site (if applicable).
That the application has addressed the
Town's affordable housing policies, to the
satisfaction of the Town.
That the applicant explore shared parking
agreements with other properties in the
surrounding area, to the satisfaction of the
Town.
All necessary requirements of the Town have
been satisfied.
December
11, 2023
Town of Newmarket Zoning By-law Consolidated August 2025 328
PT LT 106 S/S
MILL ST PL
222
NEWMARKET
AS IN R634987
;
NEWMARKET)
, and part of
Block 29358 -
York Region
Condominium
Plan 828, in
NEWMARKET
permitted.
All necessary approvals have been received
by other commenting agencies and
authorities, to the satisfaction of the Town.
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2024-04
PART OF LOT
27, PLAN 103
WHITCHURCH
, PART 1
65R38306
TOWN OF
NEWMARKET
849 Gorham
Street
No person within the lands
zoned (H)R4-R-175 Zone shall
use any lot or erect, alter or use
any buildings or structures for
any purpose except for those
uses which existed on the date
of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing
of this By-Law shall occur
unless an amendment to this
By-Law or removal of the '(H)'
prefix, as identified in the next
column, is approved by the
Council of the Corporation of
the Town of Newmarket and
That Servicing Allocation has been granted
in accordance with the Town's Servicing
Allocation Policy.
A Site Plan Agreement to permit the
development as proposed has been entered
into between the Town and the property
owner.
That compensation, in accordance with the
Town's Tree Preservation, Protection,
Replacement and Enhancement Policy has
been provided to the Town for the removal of
trees on the site (if applicable).
That the application has addressed the
Town's affordable housing policies, to the
satisfaction of the Town.
February 12,
2024
Town of Newmarket Zoning By-law Consolidated August 2025 329
comes into full force and effect.
All necessary requirements of the Town have
been satisfied.
All necessary approvals have been received
by other commenting agencies and
authorities, to the satisfaction of the Town.
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2024-22
PT LT 91 CON
1
WHITCHURCH
AS IN R555787
and PT LT 91
CON 1
WHITCHURCH
AS IN B32623B
EXCEPT PT 2,
65R2215;
NEWMARKET
16756 and
16764 Bayview
Avenue
No person within the lands
zoned (H)R5-S-176 Zone shall
use any lot or erect, alter or use
any buildings or structures for
any purpose except for those
uses which existed on the date
of passing of this By-Law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing
of this By-Law shall occur
unless an amendment to this
By-Law or removal of the '(H)'
prefix, as identified in the next
column, is approved by the
Council of the Corporation of
the Town of Newmarket and
comes into full force and effect.
That Servicing Allocation has been granted
in accordance with the Town's Servicing
Allocation Policy.
A Site Plan Agreement to permit the
development as proposed has been entered
into between the Town and the property
owner.
That security and compensation, in
accordance with the Town's Tree
Preservation, Protection, Replacement and
Enhancement Policy has been provided to
the Town for the preservation and removal of
trees on the site (if applicable).
That costs associated with offsite
improvement work on Town's/Regional roads
have been provided to the Town of the
Region (if applicable).
That the application has addressed the
June 3, 2024
Town of Newmarket Zoning By-law Consolidated August 2025 330
Town's affordable housing policies, to the
satisfaction of the Town.
All necessary requirements of the Town have
been satisfied.
All necessary approvals have been received
by other commenting agencies and
authorities, to the satisfaction of the Town.
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2024-57
LT 13 PL 385,
PT LTS 10 &
11 PL 385: PT
LT 12 PL 385
1041 & 1051
Davis Drive
and 15 & 23
Hamilton Drive
No person within the lands
zoned (H) R4-R-177 Zone shall
use any lot or erect, alter or use
any buildings or structures for
any purpose except for those
uses which existed on the date
of passing of this By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of passing
of this By-law shall occur
unless an amendment to this
By-law or removal of the '(H)'
prefix, as identified in the next
column, is approved by the
Council of the Corporation of
the Town of Newmarket and
comes into full force and effect.
That sufficient servicing capacity is available,
and has been allocated by the Town;
That the Owner has signed the Town's site
plan agreement and has posted all
performance security contemplated therein;
That the Owner has satisfied the affordable
housing policies to the satisfaction of the
Director, Planning & Building Services.
November
18, 2024
Town of Newmarket Zoning By-law Consolidated August 2025 331
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2025-54
PT LT 97 CON
1 E YONGE ST
EAST
GWILLMBURY;
PT LT 98 CON
1 E YONGE ST
EAST
GWILLMBURY
PART 6
65R3687 & PT
LT 98 CON 1 E
YONGE ST
EAST
GWILLMBURY
PT 5, 65R3687
No person within the lands
zoned (H) R2-K-178 Zone shall
use any lot or erect, alter or use
any buildings or structures for
any purpose except for those
uses which existed on the date
of the passing of this By-law.
Furthermore, no extension or
enlargement of the uses which
existed on the date of the
passing of this By-law shall
occur unless an amendment to
this By-law or removal of the
'(H)' prefix, as identified in the
next column, is approved by the
Council of the Corporation of
the Town of Newmarket and
comes into full force and effect.
That sufficient servicing capacity is available
and has been allocated by the Town;
That the Owner has signed the Town's site
plan agreement and has posted all
performance security contemplated therein;
That the Owner has satisfied the affordable
housing policies to the satisfaction of the
Director, Planning & Building Services.
That the Owner has satisfied the detailed
design of the buildings to achieve the
greatest level of compatibility consistent with
the Tertiary Plan.
February 10,
2025
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2025-71
Block 94. Plan
65M3820. and
PT LT 97, CON
1 65R27160
(Woodspring)
No person within the lands
zoned (H)R4-R-179 shall erect,
alter or use any land, buildings
or structures for any purpose
except for those uses which
existed on the date of passing
of this By-Law.
Furthermore, no changes,
extension or enlargement of the
That sufficient servicing capacity is available,
and has been allocated by the Town;
That the Owner has signed the Town's site
plan agreement and has posted all
performance security contemplated therein;
That the Owner has satisfied the affordable
housing policies to the satisfaction of the
Director, Planning & Building Services.
May 5, 2025
Town of Newmarket Zoning By-law Consolidated August 2025 332
uses which existed on the date
of passing of this By-law shall
occur unless an amendment to
this Bylaw or removal of the
'(H)' prefix, as identified in the
next column, is approved by
Town Council and the By-law
comes into full force and effect.
However, the Holding provision
will not prevent any remediation
or testing as addressed above,
or any testing related to Source
Water Protection and/or in-
ground and above ground
services, if deemed appropriate
and desirable by the Town. Any
grading, filling or works
necessary to fulfill the
requirements of testing for
and/or site remediation required
to obtain approval for Record of
Site Condition and/or to provide
approved servicing, shall be
permitted.
Notwithstanding the above,
grading, excavation, shoring,
construction of below grade
structures and installation of
below grade infrastructure may
occur prior to the lifting of the
holding symbol and registration
of the Record(s) of Site
Condition. Prior to these
activities taking place the
That compensation, in accordance with the
Town's Tree Preservation, Protection,
Replacement and Enhancement Policy has
been provided to the Town for the removal of
the trees on the site (if appliable).
Town of Newmarket Zoning By-law Consolidated August 2025 333
applicant must enter into a
leading site plan agreement for
the lands to address tree
removals and protection,
insurance, and accepting
liability for undertaking works in
advance of final site plan
approval.
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2025-81
PT LT 96 CON
1 E YONGE ST
EAST
GWILLIMBURY
AS IN
EG21175; S/T
EG21175 ;
NEWMARKET
No person within the lands
zoned (H) R5- T-181 Zone shall
use any lot or erect, alter or use
any buildings or structures for
any purpose except for those
uses which existed on the date
of passing of this Bylaw.
Furthermore, no changes,
extension or enlargement of the
uses which existed on the date
of passing of this By-law shall
occur unless an amendment to
this Bylaw or removal of the
'(H)' prefix, as identified in the
next column, is approved by
Town Council and the By-law
comes into full force and effect.
However, the Holding provision
will not prevent any remediation
That sufficient servicing capacity is available,
and has been allocated by the Town;
That the Owner has signed the Town's site
plan agreement and has posted all
performance security contemplated therein;
That the Town receives the noise report
confirming the sound impact of the rooftop
mechanical equipment will be mitigated to
the satisfaction of the Town.
July 14,
2025
Town of Newmarket Zoning By-law Consolidated August 2025 334
or testing as addressed above,
or any testing related to Source
Water Protection and/or in-
ground and above ground
services, if deemed appropriate
and desirable by the Town. Any
grading, filling or works
necessary to fulfill the
requirements of testing for
and/or site remediation required
to obtain approval for Record of
Site Condition and/or to provide
approved servicing, shall be
permitted.
Granting of Site Plan Control
Approval, with conditions, by
either the Director of Planning
& Building Services or the
Development Coordination
Committee, will indicate that the
development design is
sufficiently advanced to allow
for a concurrent application for
a Conditional Building Permit. A
Holding provision will not
prevent the issuance of a
Conditional Building Permit.
The Conditional Building Permit
(along with a separately
executed agreement) may bе
granted for any stage of
construction, that is deemed
appropriate, at the sole
discretion of the Chief Building
Official.
Town of Newmarket Zoning By-law Consolidated August 2025 335
By-law No.
Property
Description
Permitted Uses Until Holding
Provision is Removed
Conditions for Removal
Date
Enacted
2023-44
55 Eagle Street No person within the lands
zoned R4-CP-156 and R4-CP-
157 shall use any lot or erect,
alter or use any buildings or
structures for any purpose
except for those uses which
existed on the date of passing
of this By-law.
Furthermore, no changes,
extension or enlargement of the
uses which existed on the date
of passing of this By-law shall
occur unless an amendment to
this Bylaw or removal of the
'(H)' prefix, as identified in the
next column, is approved by
Town Council and the By-law
comes into full force and effect.
However, the Holding provision
will not prevent any remediation
or testing, any testing related to
Source Water Protection,
and/or the construction of in-
ground and above ground
services, if deemed appropriate
by the Town. Any tree removal,
grading, filling or works
necessary to fulfill the
requirements of testing for
and/or site remediation required
That sufficient servicing capacity is available,
and has been allocated by the Town;
That the Owner has signed the Town's site
plan agreement and has posted all
performance security contemplated therein;
That a Clean Record of Site Condition has
been acknowledged by the Ministry.
Sept 15,
2023
Town of Newmarket Zoning By-law Consolidated August 2025 336
to prepare a Record of Site
Condition and/or to provide
approved servicing, shall be
permitted. The Holding
provision will not prevent the
removal of trees subject to an
approved Tree Removal
Permit, where applicable.
Further, the Holding provision
will not prevent the construction
of model homes or a sales
office.
Town of Newmarket Zoning By-law Consolidated August 2025 337
8.3
Temporary Use Zones
Where on Schedules to this By-Law, a zone symbol is shown
followed by a dash and the letter "T" (for example UC-D2-T), one
or more additional uses are permitted on the lands noted until the
permission granted by the site specific By-Law expires. Section
8.3.1 identifies the Temporary Use Zones within the municipality.
8.3.1
List of Temporary Use Zones
The following temporary use provisions apply to the properties specified:
Exception
Zoning EH-138
By-Law Reference
File Reference
138
2017-47
NP-P-17-01
i)
Location:
195 Harry Walker Parkway North
ii)
Permitted Uses:
a. Office use shall also be permitted for a period of up to three (3) years from the
date of passing of the By-law.
b. Institutional Day Centre use shall also be permitted for a period of up to three
(3) years from the date of passing of the By-law. [10th July 2017]
8.4
Interim Control Zones
Where on Schedules to this By-Law, a zone symbol is followed by
a dash and the letters "IC" (for example UC-D2-IC), no change in
use and no construction of any buildings or structures is
permitted until the expiry of the site specific By- Law affecting the
lands. Lands affected by site specific interim control By- Laws are
catalogued in Section 8.4.1.
8.4.1
List of Interim Control Zones
The following Interim Control Zones apply to the lands and
properties specified:
Town of Newmarket Zoning By-law Consolidated August 2025 338
Old Main Street, bounded by Main Street
Bypass/Main Street North and Bexhill
Road
By-law 2017-25
Therefore be it enacted by the Municipal Council of the Corporation of the Town of
Newmarket as follows:
1. That the subject lands shown on Schedule "X" are subject to the interim control
provisions of this By-law;
2. That notwithstanding the provisions of Zoning By-law 2010-40 and subject to the
standard approval process of the Town of Newmarket, only the following shall be
permitted on the subject lands:
a) the use of any land, building or structure for any purpose for which it was
lawfully used on the day of the passing of this by-law, so long as it continues
to be used for that purpose;
b) the erection or use of any building or structure for which a permit has been
issued under subsection 8(1) of the Building Code Act, 1992, prior to the day
of the passing of this by-law, so long as the building or structure when erected
is used and continues to be used for the purpose for which it was erected and
provided the permit has not been revoked;
c) uses which are customarily incidental or subordinate to and exclusively
devoted to the principal use and which operate together with the principal use
on the same lot;
d) the construction of a building, structure or pool, the use of which is incidental,
subordinate and exclusively devoted to a main building or main use on the
same lot; and
e) construction, alteration, or expansion of any building, structure or pool as long
as it is a continuation of a lawful use in existence on the date of the passage
of this by-law.
3. Nothing in this By-Law shall prevent the strengthening to a safe condition or the
reconstruction of any building or structure or pool or part of any such building or
structure or pool, provided such alteration or repair does not increase the height,
size or volume or change the use of such building or structure or pool.
4.
If any provision or requirement of this By-law or the application thereof to any
person shall to any extent be held to be invalid or unenforceable, the remainder
of this By-law or the application of such provision or requirement to all persons
other than those to which it is held to be invalid or unenforceable, shall not be
affected thereby and each provision and requirement of this By-law shall be
separately valid and enforceable to the fullest extent permitted by law.
5.
This By-law shall come into force and take effect immediately upon its passing by
Council and shall be in effect for a period of one year from the date of passing of
this By-law, unless otherwise extended in accordance with the provisions of the
Planning Act, R.S.O. 1990, c.P.13, as amended.
Town of Newmarket Zoning By-law Consolidated August 2025 339
Section 9: Enactment
9.1
Force and Effect
This By-Law shall come into force and effect on the date it is passed by
the Council of the Corporation of the Town of Newmarket subject to the
applicable provisions of the Planning Act, R.S.O. 1990, as amended.
9.2
Readings by Council
This By-Law passed on the day of
, 2010.
MAYOR:
John Taylor
(Municipal Seal)
CLERK:
9.3
Certification
I hereby certify that the foregoing is a true copy of Zoning By-Law No.
as enacted by the Council of the Corporation of
the Town of Newmarket, on the
day of
, 2010.
CLERK:
Town of Newmarket Zoning By-law Consolidated August 2025 340
Illustrations
Please be advised, the illustrations provided in this section are for clarification
and convenience only and do not form part of this By-Law.
Illustration 1 - Basement; Basement, Walkout; and, Cellar
Town of Newmarket Zoning By-law Consolidated August 2025 341
Illustration 2 - Dwelling Types
Town of Newmarket Zoning By-law Consolidated August 2025 342
Illustration 3 - Dwelling Types
STACKED
TOWNHOUSE
DWELLINGS
Town of Newmarket Zoning By-law Consolidated August 2025 343
Illustration 4 - Floor Space Index
Examples of Buildings and Lots with a Floor Space Index (FSI) of 1.0
Town of Newmarket Zoning By-law Consolidated August 2025 344
Illustration 5 - Height
Town of Newmarket Zoning By-law Consolidated August 2025 345
Illustration 6 - Lot Types
Town of Newmarket Zoning By-law Consolidated August 2025 346
Illustration 7 - Yards and Yard Setbacks
Average of A and B = Grade, Established or Finished