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Chapter 90 Open Space
90.30 Open Space - Recreation Zone (OR)
| (1) | Application of this Section |
| The regulations in Section 90.30 apply to all lands, uses, buildings and structures in the OR zone.
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| (1) | Use - OR Zone |
| The following uses are permitted in the OR zone:
Ambulance Depot
Art Gallery
Community Centre
Day Nursery
Entertainment Place of Assembly
Fire Hall
Library
Municipal Shelter
Museum
Park
Place of Assembly
Police Station
Public Utility
Recreation Use
Sports Place of Assembly
Transportation Use [ By-law: 545-2019 ]
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| (1) | Use with Conditions - OR Zone |
| The following uses are permitted in the OR zone, if they comply with the specific conditions associated with the reference number(s) for each use in Clause 90.30.20.100:
Amusement Arcade (1)
Club (1)
Cogeneration Energy (2)
Eating Establishment (3)
Education Use (1)
Outdoor Patio (5)
Personal Service Shop (3)
Public Works Yard (6)
Renewable Energy (2)
Retail Store (3)
Service Shop (3)
Stable (1)
Take-out Eating Establishment (3) [ By-law: 545-2019 ]
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| (1) | Amusement Arcade, Club, Education Use, or Stable |
| In the OR zone, an amusement arcade, a club, an education use, or a stable must be combined with a use permitted in regulation 90.30.20.10(1).
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| (2) | Cogeneration Energy Production or Renewable Energy Production |
| In the OR zone, cogeneration energy production or renewable energy production must be in combination with another permitted use on the lot, and comply with all Municipal, Provincial and Federal by-laws, statutes and regulations.
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| (3) | Eating Establishment, Personal Service Shop, Retail Store, Service Shop, or Take-out Eating Establishment |
| In the OR zone, an eating establishment, a personal service shop, a retail store, a service shop, or a take-out eating establishment:
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| (A) | must be combined with a use permitted in regulation 90.30.20.10(1); and
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| (B) | the interior floor area may be no greater than 500 square metres.
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| (5) | Outdoor Patio |
| In the OR zone, an outdoor patio:
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| (A) | An outdoor patio must be combined with one of the following uses on the same lot or an abutting lot that permits an outdoor patio:
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| (i) | amusement arcade;
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| (ii) | club;
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| (iii) | eating establishment;
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| (iv) | entertainment place of assembly;
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| (v) | place of assembly;
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| (vi) | recreation use; and
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| (vii) | take-out eating establishment;
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| (B) | may be no closer than 10.0 metres from a lot in the Residential Zone category or the Residential Apartment Zone category;
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| (C) | despite (B) above, if the outdoor patio is above the first storey of the building, it may be no closer than 40.0 metres, measured horizontally, from a lot in the Residential Zone category or the Residential Apartment Zone category;
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| (D) | if a lawfully existing outdoor patio is closer to a lot than required in (B) or (C) above, that lawful distance from a lot in the Residential Zone category or Residential Apartment Zone category is the minimum distance for that lawfully existing outdoor patio from that lot; and
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| (E) | may be used to provide entertainment such as performances, music and dancing, provided the outdoor patio is not located above the first storey of the building and the entertainment area does not exceed the greater of 10 percent of the outdoor patio area or 5.0 square metres. [ By-law: 1153-2023 ]
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| (6) | Public Works Yard |
| A public works yard in the OR zone is subject to the following:
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| (A) | it must be in association with a park or a recreation use; and
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| (B) | open storage areas for a public works yard must be fenced.
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| (1) | Maximum Height |
| The permitted maximum height for a building or structure on a lot in the OR zone is:
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| (A) | the numerical value, in metres, following the letters "HT" on the Height Overlay Map; or
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| (B) | if the lot is in an area with no numerical value following the letters "HT" on the Height Overlay Map, 15.0 metres.
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| (1) | Front Yard Setbacks |
| In the OR zone, if a lot is:
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| (A) | beside one lot that has a building fronting on the same street and that building is, in whole or in part, 15.0 metres or less from the building on the subject lot, the required minimum front yard setback is the front yard setback of that building on the abutting lot;
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| (B) | between two abutting lots, each with a building fronting on the same street and those buildings are both, in whole or in part, 15.0 metres or less from the building on the subject lot, the required minimum front yard setback is the average of the front yard setbacks of those buildings on the abutting lots; and
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| (C) | in all other cases, the required minimum front yard setback is 6.0 metres.
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| (2) | Rear Yard Setback and Side Yard Setback |
| In the OR zone, the required minimum rear yard setback and side yard setback is:
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| (A) | a distance equal to the height of the building to a maximum of 15.0 metres, if a lot abuts a lot in the Residential Zone category or the Residential Apartment Zone category; and
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| (B) | 3.0 metres in all other cases.
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| (3) | Building Setbacks for Smaller Buildings or Structures |
| Despite regulations 90.30.40.70(1) and (2), in the OR zone, the required minimum building setback from a front lot line, a rear lot line and a side lot line is 1.5 metres, if:
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| (A) | the height of the building or structure is 2.0 metres or less; and
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| (B) | its gross floor area is 50.0 square metres or less.
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