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21-1
SECTION 21 - ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall within an Environmental Protection (EP) Zone use any land or erect, alter
or use any building or structure except in accordance with the following provisions:
21.1 PERMITTED USES
21.1.1
residential uses are prohibited with the exception of an existing dwelling
or an existing dwelling unit
21.1.2
an agricultural use, excluding buildings
21.1.3
a forestry use
21.1.4
a conservation area including outdoor recreation activities, nature study
and wildlife areas, or other similar use which provides for the preservation
of the natural environment
21.1.5
a private park
21.1.6
a public park
21.1.7
structures required for flood and erosion control
21.1.8
a marine facility
21.1.9
existing uses, buildings and structures
21.2 REGULATIONS FOR USES PERMITTED IN SECTION 21.1
21.2.1
Minimum Lot Area
as existing
21.2.2
Minimum Lot Frontage
as existing
21.2.3
Minimum Front Yard Depth
12.0 m (39.37 ft.)
21.2.4
Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
21.2.5
Minimum Interior Side Yard Width
7.5 m (24.60 ft.)
21.2.6
Minimum Rear Yard Depth
7.5 m (24.60 ft.)
21.3 ALTERATIONS AND EXTENSIONS TO PERMITTED EXISTING USES
Any alteration, enlargement, extension or reconstruction of any permitted existing
use shall comply with the regulations imposed by the Otonabee Region
Conservation Authority.
21-2
21.4 GENERAL ZONE PROVISIONS
All provisions of Section 4, General Zone Provisions, of this By-law where
applicable to the use of any land, building or structure permitted within the
Environmental Protection (EP) Zone shall apply.
21.5 SPECIAL ENVIRONMENTAL PROTECTION (EP) ZONES
21.5.1
Environmental Protection-1 (EP-1) Zone
By-law No. 2011-42
Godfreys Cottages
Part of Lots 12 & 13 Conc. 2
Notwithstanding any other provisions of this By-law to the
contrary, within the Environmental Protection-1 (EP-1) Zone the
following provisions shall apply:
(a) Permitted Uses:
(i) All uses of Section 21.1.
(b) Special Regulations:
(i) Notwithstanding the provisions of Section 4.29.2 or any other
provision of this By-law, no new buildings or structures shall be
permitted within 15.0 metres of the boundary of lands in the
Environmental Protection-1 (EP-1) Zone.
21.5.2
Environmental Protection-2 (EP-2) Zone
By-law 2015-41
ZBA Z13-15
By-law 2012-21
1506 010 002 0830 2074 David Fife Line Part of Lot 25 Conc. 4
Notwithstanding any other provisions of this By-law to the
contrary, within the Environmental Protection-2 (EP-2) Zone the
following provisions shall apply:
(a) Permitted Uses:
(i) A "paintball gaming operation" and a "laser tag gaming
operation"
shall
be
permitted
uses
on
lands
zoned
Environmental Protection-2 (EP-2).
(ii) For the purposes of the Environmental Protection-2 (EP-2)
zone, a "paintball gaming operation" shall mean an outdoor
commercial recreation facility, whereby participants engage in
activities involving water-soluble paint pellets propelled from
21-3
markers. A "laser tag gaming operation" shall mean an outdoor
commercial recreation facility, whereby participants engage in
activities involving the use of hand-held infrared-emitting target
devices.
(iii) Notwithstanding the provisions of Section 21.1 of the
Environmental Protection (EP) Zone, in addition to the permitted
paintball gaming operation and the laser tag gaming operation,
accessory buildings and structures shall be permitted in the EP-
2 Zone, subject to the approval of the Municipality and
Conservation Authority. Permitted accessory buildings may
include an administrative office for the gaming operation
business, storage, and for the sale of paintball pellets and pre-
packaged refreshments (food and drink)
(iv) An accessory building or structure shall not include kitchen
facilities or be used for human habitation. A residential use shall
be prohibited in the EP-2 Zone. A sewage disposal system shall
be subject to applicable approval from the Health Unit.
(v) A parking area shall be permitted, and shall be located in the
area shown on Schedule "B" of By-law No. 2015-41.
(vi) Outside storage shall be prohibited.
(vii)
All other uses of Section 21.1 of By-law No. 2010-65 shall
be permitted in the EP-2 zone.
(b) Special Provisions:
(i) No buildings or structures associated with a "paintball gaming
operation" or a "laser tag gaming operation", including a
permitted accessory building or structure, shall be permitted
below the elevation of the 205 metre ASL contour, as shown
on Shedule "A" of By-law No. 2015-41. This shall include the
lands withing the EP-2 Zone, located between the 205 metre
ASL contour line and then front lot line.
(ii) Paintball and laser tag gaming activities shall only be
permitted within the area shown on Schedule "B" of By-law
2015-41. The paintball and laser tag gaming area shown on
Schedule "B" shall be enclosed by a fence having a minimum
height of 3.66 metres (12.0 feet) (identified on Schedule "B" as
"paintball safety netting")
(iii) Notwithstanding any other provisions of By-law No. 2015-65 to
the contrary, the maximum combined total floor area of all
accessory buildings and structures in the EP-2 Zone shall be
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140 square metres.
(iv) All other provisions of Section 21.2 of By-law No. 2010-65
shall apply.
21.5.3
Environmental Protection-3 (EP-3) Zone
Casey's Propane
835 Highway 7
Part of Lot 26, Concession 11
Notwithstanding any other provisions of this By-law to the contrary,
within the Environmental Protection-3 (EP-3) Zone the following
provisions shall apply:
(a) Permitted Uses:
(i) Residential Uses:
- Prohibited
(ii) Non Residential Uses:
- All uses of Section 21.1, plus a fenced water storage pond
for use in connection with and subordinate to the bulk
storage of propane facility on the lands to the east, and
any necessary connections and related structures required
for the fire suppression system to serve the bulk storage of
propane facility on the adjacent lot.
(b) Special Provisions:
(i) The water storage pond shall be located outside of the
floodplain boundaries.
(ii) The provisions of By-law No. 2010-65, as amended, shall not
apply to a water storage pond to be located within a fenced
enclosure or any necessary connections and accessory
structures required for the fire suppression system to serve the
bulk storage of propane facility on the adjacent lot.
21.5.4
Environmental Protection-4 (EP-4) Zone
By-law 2015-13
1506 010 005 0420
1057 Highway 7
Part of Lot 26, Conc.10
Notwithstanding any other provisions of By-law to the contrary, within
the Environmental Protection-4 (EP-4) Zone the following provisions
shall apply:
(a) Special Regulations:
21-5
(i) Notwithstanding any other provision of By-law No. 2010-65 to
the contrary, parking areas for uses permitted in the adjacent
General Commercial-7 (GC-7) Zone, including school bus
parking, shall be permitted in the Environmental Protection-4
(EP-4) Zone, subject to the approval of the Otonabee Region
Conservation Authority.
21.5.5
Environmental Protection-5 (EP-5) Zone
By-law 2015-20
1506 010 007 19301
1506 010 007 19900
Matchett Line & 1926 Matchett Line
Part of Lots 22 & 23 Concession 16
Notwithstanding any other provisions of By-law to the contrary, within
the Environmental Protection-5 (EP-5) Zone the following provisions
shall apply:
(a) Permitted Uses:
(i) All of the uses of Section 21.1 shall be permitted, with the
exception that the only permitted building or structure on a
portion of the lot identified as Part 2, Plan 45R_______,
shall be a shed existing as of April 13, 2015.
(b) Special Regulations:
(i) Notwithstanding any other provisions of By-law No. 2010-
65 to the contrary, the minimum lot frontage of a lot
containing an Environmental Protection-5 (EP-5) Zone shall
be 3.0 metres.
(ii) Section 4.22 of By-law No. 2010-65 shall not apply with
respect to the requirement for a minimum lot frontage of
15.0 metres for an existing lot of record that is divided into
more than one zone.
(iii) All other provisions of the Environmental Protection (EP)
Zone shall apply.
21.5.6
Environmental Protection-6 (EP-6) Zone
By-law 2015-20
1506 010 007 19301
1506 010 007 19900
Matchett Line & 1926 Matchett Line
Part of Lots 22 & 23 Concession 16
Notwithstanding any other provisions of By-law to the contrary, within
21-6
the Environmental Protection-6 (EP-6) Zone the following provisions
shall apply:
(a) Permitted Uses:
(i) All of the uses of Section 21.1 shall be permitted.
(b) Special Regulations:
(i) Minimum Lot Area:
0.25 hectares
(ii) Minimum Lot Frontage:
19.0 metres
(iii) Minimum Front Yard Depth for
an Existing Dwelling:
3.4 metres
(iv) Notwithstanding Section 4.29.1 of By-law No. 2010-65, the
minimum setback for an existing dwelling from the high
water mark of the Otonabee River shall be 28.0 metres.
(v) Notwithstanding the provisions of Section 4.2.2.2 of By-law
No. 2010-65, the minimum setback for an existing
accessory shed from the rear lot line shall be 1.3 metres.
(vi) For the purposes of the Environmental Protection-6 (EP-6)
Zone, the word "existing" as it pertains to buildings and
structures shall mean as existing on April 13, 2015.
(vii) All other provisions of the Environmental Protection (EP)
Zone shall apply.
21.5.7
Environmental Protection-7 (EP-7) Zone
2017-61
Part of Lot 11, in Concession 14, Otonabee Ward more particularly
being Parts 1, 2 & 3 on Reference Plan 45R-16500
40 Jones Road
Notwithstanding any other provisions of this By-law to the contrary,
within the Environmental Protection Exception EP-7 Zone the
following provisions shall apply:
(a) Permitted Uses:
The uses permitted in the EP-7 zone are limited to the
following:
(i)
residential uses are prohibited with the exception of an
existing seasonal dwelling
(ii)
existing Uses, Buildings and Structures
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Section 21.3 continues to apply to the permitted uses.
(b) Special Regulations:
The following regulations apply to the EP-7 zone:
(i) Minimum Lot Area:
0.152 hectares
(ii) Minimum Lot Frontage:
30.48 m
(iii) Minimum Front Yard Depth
for an existing dwelling shall be:
- 10.6 metres measured to the nearest wall of an
existing dwelling to the water's edge
(iv) Minimum Exterior Side Yard Width
not applicable
(v) Minimum Interior Side Yard Width
7.5 m
(vi) Minimum Rear Yard Depth
7.5 m
a. Notwithstanding Section 4.29.1, the minimum setback of
an existing dwelling shall be:
- 10.6 metres measured to the nearest wall of an
existing dwelling from the water's edge
For the purposes of the EP-7 zone as set out in Section 21.5.7
and any subsections hereof, "existing" shall mean a building,
structure or use existing on the lot on November 20, 2017, and
shall be based on the location of such buildings or structures
shown on a plan of survey by Elliott and Parr dated the 6th day
of December, 2016.
(c) All other provisions of the Environmental Protection Zone (EP)
Zone shall apply.
21.5.8
Environmental Protection-8 (EP-8) Zone
2017-61
Part of Lot 11, in Concession 14, Otonabee Ward (20 Jones Road)
Notwithstanding any other provisions of this By-law to the contrary,
within the Environmental Protection-8 (EP-8) Zone the following
provisions shall apply:
(a) Permitted Uses:
The uses permitted in the EP-8 zone are limited to the following:
(i)
Residential uses are prohibited with the exception of an
existing dwelling as at November 20, 2017.
(ii)
Existing Uses, Buildings and Structures
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Section 21.3 continues to apply to the permitted uses.
(b) Special Regulations:
The following regulations apply to the EP-8 zone:
(i)
Minimum Lot Area:
0.97 hectares
(ii)
Minimum Lot Frontage
on County Road 2:
68.85 m
(iii)
Minimum Front Yard Depth
As existing
(iv)
Minimum Water Yard Depth
for an existing dwelling shall be:
- 10.4 metres measured to the nearest wall of an
existing dwelling to the water's edge
- 7.0 metres measured to the deck of an existing
dwelling to the water's edge
(v)
Minimum Exterior Side Yard Width
12.0 m
(vi)
Minimum Interior Side Yard Width
7.5 m
(vii)
Minimum Rear Yard Depth
7.5 m
(c) Notwithstanding Section 4.29.1, the minimum setback of an
existing dwelling shall be:
- 10.4 metres measured to the nearest wall of an
existing dwelling to the water's edge
- 7.0 metres measured to the deck of an existing
dwelling to the water's edge
For the purposes of the EP-8 zone as set out in Section 21.5.7 and
any subsections thereof, "existing" shall mean a building, structure or
use existing on the lot on November 20, 2017, and shall be based on
the location of such buildings or structures shown on a plan of survey
by Elliott and Parr dated the 6th day of December, 2016.
(d) All other provisions of the Environmental Protection Zone (EP)
Zone shall apply."
21-9
21.5.9
Environmental Protection-9 (EP-9) Zone
By-law 2019-45 & 2019-58
1506 010 004 06802
33 Allandale Road
Part of Lot 18 Concession 6
Notwithstanding any other provisions of By-law to the contrary, within
the Environmental Protection-9 (EP-9) Zone, an open deck attached
to a single detached dwelling may be permitted, in addition to all other
uses permitted in the Environmental Protection (EP) Zone.
Special Provisions:
(i) Minimum Water Yard for
16.5 metres
open deck attached to a
single detached dwelling
(ii) Minimum Water Yard for
22 metres
an existing single
detached dwelling
(iii) Minimum Water Yard for
2.9 metres
an existing utility shed
(iv) All other provisions of the Environmental Protection (EP)
Zone shall apply.
21.5.10 Environmental Protection-10 (EP-10) Zone