Ontario Regulation 337/24 made under the Planning Act Made: August 30, 2024 Filed: August 30, 2024 Published on e-Laws: August 30, 2024 Published in The Ontario Gazette: September 14, 2024 Zoning Order — City of Port Colborne, regional municipality of niagara Definitions 1. In this Order, “accessory use” means a use subordinate and incidental to the principal use on the same lot; “building height” means the vertical distance between the average grade around the building or structure to the upper most limit of the building, and excludes roof top mechanical equipment, elevator enclosures, stair enclosures, chimneys, antennas, communication towers, electrical transmission equipment, spires, flag poles, silos or tanks; “heavy industrial use” means, (a)  the manufacturing or processing of products from raw or semi-raw materials, (b)  outdoor storage and processing of products and materials, (c)  the manufacturing, processing, assembly, disassembly or packaging of finished parts or products from previously prepared materials, (d)  the repairing or servicing of products, (e)  warehousing and storage, (f)  office and administration, or (g)  utility facilities including electrical substations, wastewater treatment facilities, sanitary pumping stations, fire pump houses and water tanks; “landscaped open space” means a space used for the growth and maintenance of grass, flowers, shrubs, trees or similar landscape material and includes landscape buffers, walkways, hard surface landscaping, patios, fences, amenity areas and similar facilities, but excludes driveways, parking areas, loading areas, ramps and curbs; “loading areas” means an off-street space for loading and unloading persons, goods, wares, supplies, equipment, materials or merchandise, and may include an open or covered area used to provide access to a loading door, platform or bay; “lot frontage” means the distance measured six metres from the front lot line and parallel to the front lot line, and where the front lot line is curved, measured six metres from the chord and parallel to the chord; “outdoor processing” means the manufacturing, production, assembly, disassembly, packaging of products, supply of materials, or use of materials in an unroofed area; “outdoor storage” means the keeping of any goods, junk, material, equipment, merchandise or vehicles in an unroofed area in the same place for more than 24 hours; “parking area” means an area of land used for parking motor vehicles that is located on the same lot as the principal use, and includes parking spaces and all drive aisles, manoeuvring areas, entrances, exits and similar areas used to enter a parking area or to exit from it, but excludes internal road networks not directly related to parking spaces, laybys, fire routes, vehicle scales, maintenance areas, loading areas, connections to municipal roads, outdoor storage, and outdoor processing. Application 2. (1) This Order applies to lands in the City of Port Colborne, in the Regional Municipality of Niagara, in the Province of Ontario, being the lands identified on a map numbered 353 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street. (2) For the purposes of this Order, the lands described in subsection (1) are deemed to be a single lot, and despite any future severance, partition or division of those lands, the Order shall apply to all of those lands as if no severance, partition or division occurred. Non-application of policy statements, etc. 3. Policy statements issued under subsection 3 (1) of the Act, provincial plans and official plans do not apply in respect of a licence, permit, approval, permission or other matter required before a use permitted by this Order may be established on the lands described in subsection 2 (1). Permitted uses 4. Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in subsection 2 (1), except for the following uses: 1.  Heavy industrial uses. 2.  Detached buildings or structures that are accessory to the principal use on the same lot. 3.  Accessory uses. Zoning requirements 5. The following zoning requirements apply to the uses permitted on the lands referred to in subsection 2 (1): 1.  The minimum lot frontage is 30 metres, which may be along an unopened or future road allowance. 2.  The minimum front yard setback is 7.5 metres. 3.  The minimum corner exterior side yard setback is 7.5 metres. 4.  The minimum interior side yard setback is 3 metres. 5.  The minimum rear yard setback is 8 metres. 6.  The maximum building height is 35 metres. 7.  The minimum number of parking spaces is 1,400. 8.  The minimum number of accessible parking spaces is 27. 9.  The minimum number of outdoor bicycle parking spaces is 30. 10.  The minimum landscaped open space within a parking area shall be equal to 10 per cent of the parking area and shall be provided within the parking area or within 10 metres of the parking area limit. 11.  Loading areas are permitted to be located in all yards. 12.  Outdoor storage and outdoor processing is permitted in all yards, including yards abutting highways or arterial collector roads. 13.  Accessory uses may account for up to 20 per cent of the total gross floor area of the principal use. Terms of use 6. (1) Every use of land and every erection, location and use of buildings or structures shall be in accordance with this Order. (2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force. (3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased and its original use is not altered. (4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure. Deemed by-law 7. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be a by-law passed by the council of the City of Port Colborne. Commencement 8. This Regulation comes into force on the day it is filed. Made by: Paul Calandra Minister of Municipal Affairs and Housing Date made: August 30, 2024