ST. CLAIR BEACH OFFICIAL PLAN - Tecumseh
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TOWN OF TECUMSEH ST. CLAIR BEACH OFFICIAL PLAN - Consolidated Copy - Consolidated March 2019 This Office Consolidation includes all amendments up to and including Amendment No. 15 adopted by Council on October 9, 2018 and approved by the County of Essex on January 29, 2019. Please note that amendments to the Official Plan are common. Accordingly, all information contained herein should be confirmed with Town staff.
Transcript of ST. CLAIR BEACH OFFICIAL PLAN - Tecumseh
TOWN OF TECUMSEH
ST. CLAIR BEACH
OFFICIAL PLAN
- Consolidated Copy -
Consolidated March 2019
This Office Consolidation includes all
amendments up to and including Amendment
No. 15 adopted by Council on October 9, 2018
and approved by the County of Essex on
January 29, 2019. Please note that amendments
to the Official Plan are common. Accordingly,
all information contained herein should be
confirmed with Town staff.
TOWN OF TECUMSEH
ST. CLAIR BEACH OFFICIAL PLAN
(OFFICE CONSOLIDATION)
1. Date Plan Adopted By Council December 1989
2. Date of This Consolidation March 2019
LIST OF ALL AMENDMENTS SUBSEQUENT TO ADOPTION
CHANGES MADE TO
SECTION/SCHEDULE
COMMENTS
OPA
NUMBER
DATE OF
ADOPTION
DATE OF
APPROVAL
adds 4.3.2 j)
adds 4.2.2 g)
A
Medium Density Residential to Commercial to
permit continued operation of Golf Clubhouse on
n/s of Riverside Dr., east of Manning Rd
reconfigures Medium Density Residential lands on
e/s of Manning Rd
Single Family Residential to Parks and Open Space
on n/s of St. Gregory’s Rd, east of Manning Rd
1
December 11/89
Board’s Order
November 3/92
2
adopted by By-law No. 1188 but
replaced by By-law No. 2031
replaces 2.4,
4.2, 6
deletes 4.3.2 h)
A
implements the Provincial Housing Policy
Statement
makes numerous changes to Land Use Plan
3
June 13/94
October 21/94
A
Commercial and Single Family Residential to
Medium Density Residential
w/s of Brighton Rd, south of Beach Grove Dr.
4
February 27/95
June 2/95
A
Former Town public works yard - Butcher
Engineering (Tullio)
5
October 14,
2003
February 13,
2004
TOWN OF TECUMSEH
ST. CLAIR BEACH OFFICIAL PLAN
(OFFICE CONSOLIDATION)
1. Date Plan Adopted By Council December 1989
2. Date of this Consolidation March 2019
LIST OF ALL AMENDMENTS SUBSEQUENT TO ADOPTION
CHANGES MADE TO
SECTION/SCHEDULE
COMMENTS
OPA
NUMBER
DATE OF
ADOPTION
DATE OF
APPROVAL
D19 SUM – Sumatara Investments
Lakewood Golf Course Lands
Denied by OMB
6
Dismissed
by
O.M.B.
June 24, 2006
Adds 4.1.2 d),
&
Deletes 4.3.2 i)
A
D19 JWJ – JWJ Holdings Ltd.
North Side of Riverside Drive, immediately
east of its intersection with Manning Rd.
Former Lakewood Golf Course Clubhouse
Lands
7
June 22, 2004
October 8, 2004
Adds 4.1.2 e),
4.2.2 h)
A
D19 SUM2 – Sumatara Investments
Lakewood Golf Course Lands
Settlement Agreement Finalized
8
-
Approved by
O.M.B. Board
Order PL070887
July 19, 2010
Adds 4.3.2 j)
A
D19 BRI – 414 & 424 Brighton Road
Commercial Development
Dr. Mady lands
9
September 9,
2008
February 17, 2009
TOWN OF TECUMSEH
ST. CLAIR BEACH OFFICIAL PLAN
(OFFICE CONSOLIDATION)
1. Date Plan Adopted By Council December 1989
2. Date of this Consolidation March 2019
LIST OF ALL AMENDMENTS SUBSEQUENT TO ADOPTION
CHANGES MADE TO
SECTION/SCHEDULE
COMMENTS
OPA
NUMBER
DATE OF
ADOPTION
DATE OF
APPROVAL
Adds 4.2.2 g)
&
Deletes 4.1.2 d)
A
D19 RAC – Reichmann Acquisitions Corp.
1.1 hectare property on the north side of
Riverside Drive, aprox. 175 metres east of
County Road
Settlement Agreement Finalized at OMB
10
February 10,
2009
September 15,
2009
Adds 4.4.2 e),
A
D19 PARK - Town waterfront municipal park
2.85 hectare property on the northeast corner
of Riverside Drive/County Road 11
intersection (Town waterfront park)
Appeal withdrawn at OMB as part of OPA 10
process
11
February 10,
2009
September 15,
2009
Adds 4.2.2 i)
A
D19 PETMAN – 200/250 Manning Road
1.76 hectare property, condominium
development
12 March 25, 2014 May 28, 2014
A
D19 RCEC – 13803 St. Gregory’s Road
Roman Catholic Episcopal Corp. – from
“Institutional” to “Single Family Residential”
13 January 12, 2016 February 23,
2016
TOWN OF TECUMSEH
ST. CLAIR BEACH OFFICIAL PLAN
(OFFICE CONSOLIDATION)
1. Date Plan Adopted By Council December 1989
2. Date of this Consolidation March 2019
LIST OF ALL AMENDMENTS SUBSEQUENT TO THIS CONSOLIDATION
CHANGES MADE TO
SECTION/SCHEDULE
COMMENTS
OPA
NUMBER
DATE OF
ADOPTION
DATE OF
APPROVAL
Adds 4.3.2 k)
A
D19 LAKMON – Lakeview Montessori
116 St. Mark’s Road
From “Single Family Residential” to
“Commercial” with special policy
14 October 24, 2017 November 23,
2017
Adds 4.2.2 j)
A
D19 PETTEC – Former Pud’s Marina
14328-14346 Tecumseh Road
From “Commercial” to “Medium Density
Residential” with special policy
15 October 9, 2018 January 29, 2019
VILLAGE OF ST. CLAIR BEACH
OFFICIAL PLAN
TABLE OF CONTENTS
Page
SECTION 1 - INTRODUCTION 1
1.1 Planning History 1
1.2 Title and Components 1
1.3 Planning Authority 1
1.4 Purpose of the Plan 2
SECTION 2 - BASIS OF THE PLAN 3
2.1 Planning Period 3
2.2 Area Affected by Plan 3
2.3 Village Profile 3
2.4 Projected Demand for Housing 4
2.5 Projected Demand for Commercial Development 5
2.6 Projected Demand for Other Forms of Development 5
SECTION 3 - GENERAL DEVELOPMENT POLICIES 6
3.1 Site Suitability 6
3.2 Heritage Conservation 7
3.3 Electric Power Facilities 7
3.4 Other Utility Facilities 8
3.5 Permitted Public Uses 9
SECTION 4 - LAND USE PLAN 10
4.1 Single-Family Residential 10
4.2 Medium-Density Residential 11
4.3 Commercial 19
4.4 Parks and Open Space 22
4.5 Institutional 24
4.6 Areas Susceptible to Flooding 25
SECTION 5 - MUNICIPAL SERVICES 27
5.1 Roads 27
5.2 Schools 28
5.3 Water Supply and Distribution 29
5.4 Storm and Sanitary Sewers 29
5.5 Electricity Supply 29
SECTION 6 - LAND DIVISION POLICIES 30
6.1 Lot Creation Policies 30
6.2 General Policies 31
6.3 Common Conditions 33
SECTION 7 - COMMUNITY IMPROVEMENT POLICIES 34
7.1 Goals and Objectives 34
7.2 Community Improvement Criteria 34
7.3 Designation of Community Improvement Area 35
7.4 Phasing of Improvements 35
7.5 Implementation 36
SECTION 8 - IMPLEMENTATION AND INTERPRETATION 37
8.1 General 37
8.2 Implementing Zoning By-law 37
8.3 Holding Zones 37
8.4 Site Plan Control 38
8.5 Committee of Adjustment 39
8.6 Plans of Subdivision 39
8.7 Public Works and Capital Works Programs 40
8.8 Maintenance and Occupancy By-law 40
8.9 Existing Land Uses 41
8.10 Non-conforming Uses 41
8.11 Existing Lots of Record 43
8.12 Interpretation 43
8.13 Amendment Procedures 44
8.14 Review of Official Plan Policies 44
SECTION 1 - INTRODUCTION
1.1 PLANNING HISTORY
The first planning-related document for the village of St. Clair Beach was the
zoning by-law which was approved in May, 1960. The first Official Plan for the Village was
approved in May, 1963. This Official Plan was amended on various occasions, and it became
clear by the mid 1980's that a major review and updating of the plan’s policies was needed.
Accordingly, the Village Council decided to conduct a formal review of the Official Plan in
1989.
1.2 TITLE AND COMPONENTS
This Plan, when approved by the Minister of Municipal Affairs, shall be known as
the Official Plan of the Village of St.Clair Beach. The following text and Schedules ‘A’ and ‘B’
constitute the Official Plan. The policies and land use designations are not considered static and
will be reviewed and altered as required.
1.3 PLANNING AUTHORITY
Under Section 17 of the Planning Act, 1983 the Council of a municipality may
provide for the preparation of a plan suitable for adoption as the official plan of the municipality.
An official plan is defined in the Planning Act as a document approved by the Minister containing
objectives and policies established primarily to provide guidance for the physical development of
a municipality while having regard to relevant social, economic and environmental matters.
Section 24 of the Act further provides that where an official plan is in effect, no public work shall
be undertaken and no by-law passed for any purpose unless it is in conformity with the official
plan.
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1.4 PURPOSE OF THE PLAN
This Official Plan sets out in general terms the future pattern of development for
the Village until 1999. The plan’s purpose is:
a) to identify the desired land use pattern within the Village of St. Clair
Beach;
b) to establish policies for the direction and control of all future development
within the Village;
c) to identify the present level of services available within the community and
the capacity of these services with respect to future development;
d) to ensure that any development which may occur does so at a pace which is
within the financial capabilities of the municipality;
e) to inform the private sector of the type and standard of development that
will be permitted within the Village in the future;
f) to guide Council, the Committee of Adjustment, municipal staff and other
regulatory agencies in making decisions and recommendations for all
matters relating to the development of the Village;
g) to provide a frame of reference for future detailed studies which may be
undertaken when considered necessary by Council.
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SECTION 2 BASIS OF THE PLAN
The policies contained in this Plan are based on the assumptions and conclusions
that emerged during the completion of the research and analysis phase of the Official plan review.
Over time, the assumption on which the Plan policies are based will be reviewed and amended as
considered necessary and appropriate.
2.1 PLANNING PERIOD
This Plan is intended to guide future development within the Village of St. Clair
Beach for a ten-year period or until 1999. The Plan’s policies will be reviewed at least once every
five years to ensure that they are still appropriate and reflect the Village’s development
circumstances.
2.2 AREA AFFECTED BY PLAN
The policies contained in this Plan pertain to the entire Village of St. Clair Beach
as shown on Schedule ‘A’.
2.3 VILLAGE PROFILE
The Village of St. Clair Beach is a suburban residential community within the
metropolitan Windsor area with a population of approximately 3, 400. The vast majority of
development within theVillage is in the form of single-family homes.
The Village has a relatively small land area of 320 hectares and is situated between
larger residential communities in the Town of Tecumseh and the Township of Maidstone. The
two golf courses within the Village contribute to its unique sense of openness and low-density
development.
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The commercial core of the community is located in the vicinity of the intersection
of St. Gregory’s Road and Manning Road. A shopping centre at this location is complemented by
additional commercial uses located on the west side of Manning Road in the Town of Tecumseh.
Other uses such as medical facilities, rest and nursing homes and various social
service facilities are also located outside of the Village within the larger municipalities of the
Town of Tecumseh and the City of Windsor.
Additional information relating to the Village’s demographic and development
characteristics is contained in a background research report prepared as part of the review of the
Official Plan in May 1989.
2.4 PROJECTED DEMAND FOR HOUSING
The Village of St. Clair Beach has had a constant and relatively high average
annual rate of growth of approximately four percent for the past two decades. The amount of land
remaining within the Village for residential purposes is quite limited. Accordingly, it is believed
that the residential land supply will be completely developed within five years of this amended
policy (1994). In order to accommodate as much residential development within the existing
boundaries as possible, the policies of this Plan will encourage the provision of medium density
residential housing on those undeveloped parcels that remain. This policy to encourage medium
density residential development does not include the development of golf course lands. It is the
policy of this Plan that golf course lands are to be encouraged to continue to be used for that
purpose. Accordingly, residential development proposals that propose medium density residential
development, on other than golf course lands, will be encouraged.
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2.5 PROJECTED DEMAND FOR COMMERCIAL DEVELOPMENT
The subsequent development phases of the existing shopping centre will more than
adequately address the future retail commercial needs of the Village. There may, however, be a
demand for additional commercial floor space devoted to general office and professional uses. A
vacant, one hectare site adjacent to the shopping centre on the northeast corner of St. Gregory’s
Road and Manning Road is suitably located to accommodate such uses.
2.6 PROJECTED DEMAND FOR OTHER FORMS OF DEVELOPMENT
With the exception of a four hectare parcel of land intended to be used for a new
elementary school, there are limited opportunities in the Village to expand beyond the projected
residential and commercial needs. No vacant properties are suitable for further industrial
development. Vacant municipal property will be utilized for park purposes or municipal and
public work buildings.
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SECTION 3 GENERAL DEVELOPMENT POLICIES
The policies in this section apply to development proposals in all designations
throughout the Village.
The Village is reaching its capacity to accommodate new development.
Nevertheless, adequate safeguards in the form of planning policies and regulations must be
maintained to ensure that new uses are developed in harmony with existing uses and that they are
properly serviced.
3.1 SITE SUITABILITY
Prior to the approval of any development or amendment to this Plan or the
implementing zoning by-law, it shall be established to the satisfaction of Council and all other
bodies having jurisdiction that:
a) soil and drainage conditions are suitable to permit the proper siting of
buildings;
b) the piped municipal services and utilities can adequately accommodate the
proposed development;
c) the road system is adequate to accommodate projected increases in traffic;
d) the land fronts on a public road which is of a reasonable standard of
construction;
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e) adequate measures are taken to alleviate or prevent any adverse effects
that the proposed use may possibly have upon any proposed or existing
adjacent use.
3.2 HERITAGE CONSERVATION
It is the policy of this Plan to encourage the restoration, protection and
maintenance of the Village’s heritage resources which include buildings and structures of
historical and/or architectural value and archeological sites and man-made or modified
landscapes. All new development or redevelopment permitted by the policies and designations
of this Plan shall, as far as possible, have regard for heritage resources. It shall be the policy of
the Village to use all relevant legislation and programs whenever appropriate to encourage the
preservation and enhancement of heritage resources and to develop a greater awareness of the
value of heritage conservation in the community. When appropriate, the Village will use the
provisions of the Ontario Heritage Act to conserve, protect and enhance its heritage.
3.3 ELECTRIC POWER FACILITIES
a) All existing electric power facilities and the development of any new
electric power facilities that operate at 50 kilovolts and above, or facilities
that transform from above 50 kilovolts to less than 50 kilovolts, including
all works as defined in The Power Corporation Act (such as transmission
lines, transformer stations and distribution), shall be permitted in any land
use designation without an amendment to this Plan provided that such
development satisfies the provisions of The Environment Assessment Act,
including regulations made under the Act, and any other relevant statutes.
Ontario Hydro shall be required to consult with the municipality regarding
the location of new transformer stations;
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b) Other electric power facilities, including buildings and facilities not used
directly for the generation and supply of electric power, shall comply with
the other provisions of this Plan and the implementing by-law;
c) The above policies, however, do not preclude the municipality’s right to
participate in discussions on the location criteria of new electric power
facilities. Wherever practicable, existing rights-of-way should be used for
new hydro transmission lines;
d) Secondary land uses may be permitted on Ontario Hydro lands where
deemed by Council to be compatible with adjacent land uses and by
agreement with Ontario Hydro.
3.4 OTHER UTILITY FACILITIES
a) All existing facilities and the development of any new facilities associated
with a public utility, a telephone, cable transmission or other similar
communications company, or a gas distribution or transmission company,
shall be permitted in any land use designation without an amendment to
this Plan or the implementing zoning by-law. The utility or company
involved shall be required to obtain the approval of the Village regarding
the location of any new facilities;
b) All buildings and facilities not used directly for the transmission or
reception of an electrical current or signal, or a liquid or gas, shall comply
with the other provisions of this Plan and the implementing zoning by-law.
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3.5 PERMITTED PUBLIC USES
The by-law which implements this Plan shall allow the erection or use of any land,
building or structure within the Village for any purpose required by the Corporation of the Village
of St. Clair Beach or by any local Board thereof as defined by the Municipal Act, R.S.O. 1980
provided that:
a) the lot coverage, setback and yard requirements prescribed for the zone in
which such land, building or structure is located shall be complied with;
b) any parking and loading regulations for these uses are complied with.
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SECTION 4 LAND USE PLAN
This section contains the goals and policies that pertain to the various land use
designations depicted on Schedule ‘A’ of this Plan.
4.1 SINGLE-FAMILY RESIDENTIAL
4.1.1 Goals
The following goals are established for the Single-Family Residential designation:
a) To allow for further development of lower density housing types;
b) To encourage infilling of the existing development pattern;
c) To ensure that new development occurs in a manner that is in keeping
with the capacity of the services available, the financial capability of the
municipality, and sound planning principles.
4.1.2 Policies
The following policies shall apply to those lands designated ‘Single-Family
Residential’ on Schedule ‘A’ of this Plan:
a) Residential development shall consist of single-family detached units.
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b) The creation of new lots for residential purposes will primarily occur by
plan of subdivision. However, consents for residential lots will be
permitted in accordance with the policies contained in Section 6 of this
Plan;
c) The maximum density shall not exceed 11 single family units per hectare;
d) Deleted by Official Plan Amendment No. 10
e) Special Policy Affecting the 7.5 Hectare Area on the Southerly Portion of
Lakewood Golf Course
Notwithstanding any other policy of the Plan to the contrary, the
implementing zoning by-law shall place the lands in an appropriate
residential holding zone and the holding (h) symbol shall not be removed
until such time as the municipality is satisfied that appropriate sanitary
sewage treatment capacity is available, in addition to the policies
established in Subsection 8.3 of this Plan.
4.2 MEDIUM DENSITY RESIDENTIAL
4.2.1 Goals
The following goals are established for the Medium Density Residential
designation:
a) to encourage the development of housing types other than single unit
dwellings as a means of increasing the supply of affordable housing that
offer a variety of ownership options such as condominium and freehold
ownership of attached housing;
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b) to ensure that medium density housing is well integrated with existing
development through good site design and appropriate landscaping;
c) to ensure that new development occurs in a manner that is in keeping with
the capacity of the services available;
d) to provide the opportunity for the provision of a mix and range of
affordable housing in accordance with Provincial Policy Statement on
Housing.
4.2.2 Policies
The following policies shall apply to those lands designated “Medium Density
Residential” on Schedule ‘A’ of this Plan:
a) residential uses in this designation shall consist primarily of townhouse
and apartment style development not exceeding a maximum density of 25
units per hectare of five storeys in height;
b) Council, in reviewing residential development proposals, will encourage
the provision of a minimum of 25 percent of the units as affordable housing
in the context of the Provincial Policy Statement on Housing. However, it
is believed that affordable housing will have to be a medium density form
because of the price of land in the Village. Accordingly, the Village will
encourage more than 25 percent of medium density housing to be
affordable housing so that 25 percent of all new housing, single and
medium density, will be affordable. Affordable housing is encouraged to
be distributed throughout the entire designation. A monitoring program,
designed to review the municipality’s annual residential development
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activity and to update its affordable housing policies, will be implemented
to ensure that the intent of the Provincial Housing Statement is maintained.
c) the following items will be considered when reviewing the appropriateness
of applications to amend the zoning by-law to permit medium density
residential uses:
i) the general compatibility of the proposed use with existing uses in
close or adjacent parcels of land;
ii) the capacity of the roads affected and their ability to handle the
expected increases in traffic;
iii) the adequacy of municipal services, including water and sewage
capacity as confirmed by the Ministry of Environment & Energy, to
serve the proposed development;
iv) the adequacy of off-street parking facilities to serve the proposed
development;
v) the provision of landscaping, buffering and building setbacks
adequate to protect the privacy of surrounding residential
properties;
vi) the impact the proposed development may have on the Village’s
long term goal of maintaining the two existing golf courses for golf
course use;
vii) the proposal’s conformity with the Provincial Policy Statement on
Housing;
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d) the creation of new lots for medium density residential development will
primarily occur by the consent process in accordance with the policies
contained in Section 6 of this Plan;
e) all medium density residential development will be subject to site plan
control pursuant to Section 41 of the Planning Act, R.S.O. 1990;
f) Special Policy Affecting Part of Lot A, West of Pike Creek (Pilot’s Cove)
Notwithstanding any other policies in this Plan to the contrary, the
implementing zoning by-law shall limit permitted uses on the above-noted
lands to include a maximum of forty-five (45) townhouses at a density of
17 units per hectare.
g) Special Policy Affecting the 1.1 Hectare Property on the North Side of
Riverside Drive, Approximately 175 Metres East of County Road 19
(Manning Road)
Notwithstanding any other policy of this Plan to the contrary, a retirement
home with a maximum of 115 units, along with accessory uses, shall be
permitted on the 1.1 hectare property situated on the north side of Riverside
Drive, approximately 175 metres east of County Road 19 (Manning Road)
and designated Medium Density Residential. The retirement home shall
comprise a north-south wind on the westerly portion of the property and an
east-west wing on the northerly portion of the subject property. In
consideration of the low density residential area to the east and south of the
subject property, Lake St. Clair to the north and a municipal park to the
west, site specific zone provisions and site plan control will be used to
ensure that the lands develop and are used in a manner that is appropriately
integrated and compatible with the surrounding uses, as more specifically
detailed below:
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Site specific zone provisions shall be established within the implementing
Zoning By-law. The zone provisions shall ensure, among other things,
that:
i) The maximum building height of the retirement home will be 4
storeys, except for the east-west wing on the northerly portion
of the property which will have a maximum building height of 2
storeys;
ii) The minimum easterly side yard of the retirement home for the
east-west wing on the southerly portion of the property will be
20 metres; and
iii) The minimum easterly side yard of the retirement home for the
east-west wing on the northerly portion of the property will be
40 metres.
The execution of a site plan control agreement shall be required in
accordance with Section 41 of the Planning Act, R.S.O. 1990. The site
plan control agreement shall ensure, among other things, that:
i) There is no driveway entrance/exit on the site within 30 metres
of the easterly lot line;
ii) There is a landscaped area adjacent to the eastern lot line and
the purpose and design of such landscaped area will be to
provide both visual obstruction of the parking area and ensure
compatibility and offer adequate screening along the balance of
the lot line for the adjacent property;
iii) All parking spaces will be in a north-south orientation;
iv) There will be no “visitors’ parking” within 30 metres of the
eastern lot line;
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v) As many mature trees are maintained as reasonably possible;
vi) The building design is “English Manor” style on the front of the
building with complementary style and materials on the balance
of the building;
vii) The roof component of the design will attempt to minimize the
building’s height;
viii) A fence with a minimum height of 1.5 metres will be
constructed of interspaced stone pillars and connecting black
vertical wrought iron look rods across the front of the property.
The fence will be tapered in height at the points of driveway
access. Landscaping will be provided along the fence with the
intent of providing a visual barrier to the parked cars from
adjacent properties and the public road;
ix) There are to be no balconies and no suite windows on the east
face of the southerly and northerly east-west wings;
x) The main vehicle entrance to the site will be at the west end of
the site and the east entrance to the site will be a secondary
entrance/exit for passenger vehicles only;
xi) Juliette balconies will be the only balconies permitted on the
south face of the building; and
xii) The executed site plan control agreement is registered against
the subject property prior to the issuance of a building permit.
h) Special Policy Affecting the 2.23 Hectare Area on the Southerly Portion of
Lakewood Golf Course
Notwithstanding any other policy of this Plan to the contrary, the following
additional policies shall apply:
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i) the permitted uses shall comprise of single family detached units, in
accordance with Subsection 4.1.2 of this Plan, and/or townhouse
dwellings having a maximum of four units per dwelling, in
accordance with Subsection 4.2.2 of this Plan;
ii) the implementing zoning by-law shall place the lands in an
appropriate residential holding zone and the holding (h) symbol
shall not be removed until such time as the municipality is satisfied
that appropriate sanitary sewage treatment capacity is available, in
addition to the policies established in Subsection 8.3 of this Plan.
i) Special Policy Affecting the 1.76 Hectare Property on the East Side
of Manning Road, 200 Manning Road Condominium Property
Notwithstanding any other policy of this Plan to the contrary, two
five-storey apartment style buildings, each containing not greater
than 59 dwelling units, and having a total density of not greater than
67 units per hectare shall be permitted. In addition, accessory uses
and structures shall be permitted.
j) Special Policy Affecting the 1.3 Hectare Parcel of Land Located on
the North Side of Tecumseh Road (14328 and 14346 Tecumseh
Road -Former Pud’s Marina)
Notwithstanding any other policy of this Plan to the contrary, the
following specific policies shall apply:
i) An apartment building having a maximum height of 65 feet and
no more than five storeys, containing not greater than 65
dwelling units, shall be permitted. In addition, a marina
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accessory to the permitted residential use as well as a maximum
of 12 transient boat slips shall be permitted. Commercial uses,
comprising eating establishments and/or personal service shops,
shall be permitted on the first floor of the apartment building
and the maximum floor area of the commercial uses shall be in
accordance with the site-specific zoning that applies to the
property;
ii) Site-specific zone provisions shall be established within the
implementing zoning by-law and shall include, among other
things the following:
The zone provisions shall ensure that the height of the north-
south wing of the apartment is stepped-down as it
approaches the rear lot line, such that
a) the minimum rear yard depth for the first storey of the
apartment building shall be 25 feet;
b) the minimum rear yard depth for the second and third
storeys of the apartment building shall be 40 feet; and
c) the minimum rear yard depth for the fourth and fifth
storeys of the apartment building shall be 80 feet.
the north-easterly 1,500 square feet of the east-west wing of
the apartment building shall be limited to a maximum height
of four storeys;
iii) The execution of a site plan control agreement shall be required
in accordance with Section 41 of the Planning Act, R.S.O. 1990,
and with Section 8.4 of this Plan. The site plan control
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agreement shall include, among other things, written terms and
drawings that will require that materials such as stone panels,
wood-look panels, and brick be the predominant materials used
for the exterior façades of the apartment building. In addition,
the terms of the agreement shall establish that these materials
are balanced with contemporary materials such as full-height
glazing panels, exterior insulated finish systems and aluminium
composite panels and that not one material shall be superiorly
dominant than the other, with the goal being to provide a
balanced, complementary aesthetic.”
4.3 COMMERCIAL
4.3.1 Goals
The following goals are established for areas designated Commercial:
a) To ensure that the local commercial needs of the area residents can be
satisfied;
b) To promote the development of a concentrated commercial node in the
southwestern corner of the municipality at the intersection of Manning
Road and Tecumseh Road, extending north to St. Gregory’s Road;
c) To ensure that new commercial development meets appropriate
commercial site design standards.
4.3.2 Policies
The following policies shall apply to those lands designated ‘Commercial’ on
Schedule ‘A’ of this Plan:
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a) The predominant use of land in the ‘Commercial’ designation shall be for
commerce - for the buying and selling of goods and services. The
permitted uses will include retail and service commercial stores, banks and
other financial institutions, business and professional offices, restaurants,
recreational establishments (not including marinas) and service stations.
b) It is intended that adequate parking in clearly defined areas will be required
for all new development and redevelopment. The number of spaces
required for various types of commercial uses will be contained in the
implementing zoning by-law. All parking areas shall be attractively
designed and landscaped to enhance their appearance in keeping with the
character of the Village;
c) Adequate buffering and setback distances shall be provided between the
commercial uses and any adjacent residential or institutional uses;
d) All new uses within the Commercial designation will be required to
conform to high performance standards relating to parking, loading, traffic
circulation, building design, lighting, landscaping, buffering and control
over outside storage as set out in the implementing zoning by-law.
e) All new development shall be adequately serviced according to the
requirements of the Village and the Ministry of the Environment or its
designated agent;
f) All commercial development will be subject to site plan control pursuant to
Section 40 of the Planning Act, 1983.
g) Special Policy Affecting the Property south of St. Gregory’s Road at
Manning Road - St. Clair Beach Shopping property
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Notwithstanding any other policy of the Plan to the contrary, the commercial
uses permitted within this 7.5 hectare site shall be limited to a shopping centre
with a maximum gross leasable area of 21, 925 square metres.
h) Special Policy Affecting the Property east of Brighton Road, south of Marine
Drive - Sailing Club
Notwithstanding any other policy of the Plan to the contrary, the uses
permitted on this 1.5 hectare site shall be limited to a marina and any other
existing use of the Sailing Club as of the date of adoption of this Plan. Any
use other than a marina or existing uses shall require an amendment to the
Official Plan.
i) Deleted by By-law 2004-38 – Official Plan Amendment No. 7
j) Special Policy Affecting the Property at the Northeast Corner of the
Intersection of Brighton Road and Tecumseh Road
Notwithstanding any other policy of this Plan to the contrary, the main
building located on this 0.33 hectare site shall be oriented toward and close to
Brighton and Tecumseh Roads to help define street edges, to provide for
street-related commercial buildings and to create a more pedestrian-friendly
environment. Accordingly, reduced front and exterior side yard setbacks shall
be permitted within the implementing Zoning By-law along with the
establishment of a maximum front and exterior side yard setback for the main
building and parking areas on this site shall be restricted to the interior side
yard and rear yard.
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k) Special Policy affecting the 1000 square metre property on the east
side of St. Mark’s Road, Part 1, RP 12R-25562 – 116 St. Mark’s Road
Notwithstanding any other policy of this Plan to the contrary, the uses
permitted on this property shall be limited to a gymnasium/auditorium
expansion that is attached to the associated school abutting to the immediate
north, along with associated parking and landscaping.
4.4 PARKS AND OPEN SPACE
4.4.1 Goals
The following goals are established for the Parks and Open Space designation:
a) To ensure that the Village maintains an adequate supply of parks and open
space;
b) To establish a footpath system linking public open spaces in the community.
4.4.2 Policies
The following policies shall apply to those lands designated ‘Parks and Open
Space’ on Schedule ‘A’ of this Plan:
a) The predominant use of land designated ‘Parks and Open Space’ shall be
for parks and public or private recreational uses, including golf courses and
accessory commercial uses;
b) Indoor recreational facilities shall only be permitted as accessory uses to
the major outdoor recreational uses, the general intent of this Plan being to
keep these areas open and free from buildings and structures except those
which are incidental and accessory to the parks and open space uses;
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c) It shall be the policy of Council to acquire additional parkland in suitable
locations where appropriate and to link public open spaces through the
establishment of a footpath system;
d) The municipality will continue to support the development and
maintenance of recreational facilities, the acquisition, beautification and
maintenance of public open space and the development of recreational
programs in accordance with community needs and availability of
resources.
e) Special Policy Affecting the 2.85 Hectare Property on the North East
Corner of the Intersection of Riverside Drive and County Road 10
(Manning Road)
The subject property, with the exception of the 15.24-metre (50-foot) strip
along the waterfront at the northeast corner, was formerly used as the
Lakewood Golf Course Clubhouse lands. The former clubhouse building
continues to be located on the subject property however it is no longer used
for that purpose. The Town of Tecumseh Municipal Register of Cultural
Heritage Properties Listing includes, as a property of Cultural Heritage
Value or Interest, the subject property save and except the 15.24-metre (50-
foot) strip mentioned previously, as is referred to as the Lakewood
Clubhouse property (Council Approved, August 28, 2007, RCM 293/07).
The Town has retained the services of a heritage preservation consultant to
report on the heritage significance of the property. The report is currently
not complete and therefore the matter has not been finally considered by
the Town’s Heritage Committee and Council. Accordingly, the final
design of the waterfront park shall take into account the foregoing report
and the respective decisions of the Heritage Committee and Council.
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4.5 INSTITUTIONAL
4.5.1 Goals
The following goals are established for the Institutional designation:
a) To provide for the establishment of public facilities to meet the needs and
demands of the community;
b) To ensure that educational; religious and other institutional uses adequately
meet site design standards and are compatible with surrounding land uses.
4.5.2 Policies
The following policies shall apply to those lands designated ‘Institutional’ on
Schedule ‘A’ of this Plan:
a) Within the area designated ‘Institutional’ the predominant use of land shall
be municipal offices, public works and utilities, elementary and secondary
schools, churches and accessory uses.
b) New institutional uses will be required to conform to high performance
standards relating to parking, loading, lighting, landscaping, setbacks,
fencing and control over outside storage as set out in the implementing
zoning by-law;
c) New institutional development will be subject to Site Plan Control pursuant
to Section 40 of the Planning Act, 1983.
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4.6 AREAS SUSCEPTIBLE TO FLOODING
4.6.1 Goals
The following goals are established for areas susceptible to flooding:
a) To identify areas in the Village that are susceptible to flooding and to
develop policies and regulations to safeguard new and existing residents;
b) To preserve the natural capacity of the floodplain areas to conduct and
temporarily store floodwaters by limiting the construction of buildings and
structures and ensuring adequate levels of flood proofing in areas
susceptible to flooding.
4.6.2 Pike Creek Floodplain Development Control Area
The lands identified as the Pike Creek Floodplain Development Control Area on
Schedule ‘B; of this Plan are subject to flooding under regulatory flood conditions
(1:100 year) and will be subject to Ontario Regulation 730/82, as amended, the fill
and Construction Regulations of the Essex Region Conservation Authority
(ERCA).
Under the two-zone approach to floodplain management, Council shall, to the
satisfaction of the Essex Region Conservation Authority, identify the floodway
(that area subject to faster, deeper flows, which acts as the channel in times of
flooding), as a zone where development is prohibited. The floodway is determined
to be 15 metres from the top of the bank.
26
Development on those lands outside the Floodway Zone but within the Floodplain
Development Control Areas shall only be permitted if:
a) flood proofing is provided to the satisfaction of the Essex Region
Conservation Authority. This area will be subject to the Fill and
construction Regulations of ERCA, and as such, a permit allowing
construction and/or the placement of fill is required from the Authority;.
b) all development must be in accordance with the underlying designations
identified on Schedule ‘A’ of this Plan.
4.6.3 Lake St. Clair Floodprone Area
Development of lands located within the limit of the Lake St. Clair Floodprone
Area shown of Schedule ‘B’ of his Plan shall be subject to the following policies:
a) The land uses permitted within the floodprone area are determined by the
underlying designation identified on Schedule ‘A’;
b) The implementing zoning by-law will prescribe certain setback and
elevation requirements for development within the floodprone area.
Generally, the setback will vary depending on whether or not approved
shore protection works are installed. The required setbacks and elevations
will be determined in consultation with ERCA until such time that
Lakeshore Fill and Construction Regulations are established. When this
occurs, Council may in consultation with ERCA amend the implementing
zoning by-law accordingly, without the need to further amend this Plan.
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SECTION 5 MUNICIPAL SERVICES
5.1 ROADS
Arterial and collector roads are depicted on Schedule ‘A’ of this Plan. All other
roads or streets within the boundaries of the Village shall be considered local roads.
a) Arterial Roads
Manning Road (County Road No. 19) and Tecumseh Road (County Road
No. 2) within the limits of the Village of St. Clair Beach are designated as
arterial roads. These roads carry traffic between the Village and other
locations within the metropolitan area and function as the main traffic
arteries within the Village. The minimum standard for these roads shall be
two unrestricted traffic lanes in 20 metre (66 foot) right-of-way.
b) Collector Roads
Collector Roads designated on Schedule ‘A’ of this Plan are intended to
provide for the movement of moderate volumes of traffic between local
roads and arterial roads while at the same time providing access to
abutting properties. These include St. Gregory’s Road, Arlington Blvd.,
Riverside Drive and Brighton Road.
c) Local Roads
All other roads not designated on Schedule ‘A’ of this Plan are expected to
function as local roads during the planning period , providing direct access
to various abutting land uses.
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d) Improvements
To maintain a satisfactory road system in theVillage it shall be the policy
of Council to pursue a program of improving road alignments, surfaces,
pavement widths and the establishments of adequate road allowances and
standards for new development. The implementing zoning by-law shall
make provision for adequate setbacks for all new development having
regard for both the width and function the abutting road.
It shall be a further policy of Council to provide the improvement of
existing collector and local roads when storm and sanitary sewers are
installed to bring these roads to the standard of the Ministry of
Transportation wherever possible.
Also where possible, roadside vegetation and tree plantings shall be
retained or replaced as road improvements are undertaken.
Road improvements will be undertaken in accordance with the Village’s
financial ability to pay for specific projects on an annual basis.
5.2 SCHOOLS
The following schools provide elementary and/or secondary educational services
in the Village of St. Clair Beach:
Public School Board
D.M. Eagle Public School
Private School
Lakeview Montessori School.
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5.3 WATER SUPPLY DISTRIBUTION
The Village’s water supply system has the overall capacity to accommodate the
new development that can be expected during the 10-year planning period. Some upgrading
projects may, however, be necessary to provide effective service to existing and new
development in specific areas of theVillage.
5.4 STORM AND SANITARY SEWERS
the Village’s present sewage system, with improvements to the infiltration
system, is adequate to accommodate future residential, commercial, and institutional
development.
5.5 ELECTRICITY SUPPLY
The overall capacity of the village’s electricity supply system is adequate to
service existing and expected future development within the 10 year planning period. Some
upgrading projects may, however, be necessary to provide effective service to existing and new
development in specific areas of the Village.
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SECTION 6 LAND DIVISION POLICIES
6.1 LOT CREATION POLICIES
The creation of new lots can be by any one of the following three options:
i) registered plan of subdivision shall be encouraged for the creation of
multi-lot development consisting of more than 5 lots;
ii) the passing of part lot control exemption by-laws for lands that are within
registered plans of subdivision and are to be further divided;
iii) the consent to sever process.
Prior to allowing lots to be created by means other than a plan of subdivision,
Council shall be satisfied that:
i) a plan of subdivision is not required;
ii) the current supply of lots is so limited that a quick approval route is
warranted or the type of development is such that the creation of lots
through the consent process is more efficient such as the freehold
ownership of townhouse style of development. It is more efficient to
create the lots after the foundations are in place so, by survey, the exact
location of the lot line/dividing wall can be obtained;
iii) sufficient planning has been completed for the entire site. In order to be
satisfied of this, the following information must be provided:
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a) the proposed internal road design and proposed lotting pattern of the
entire site;
b) the proposed road connections to abutting existing development and
abutting vacant parcels suitable for future development;
c) storm water management studies acceptable to theVillage and the
Essex Region Conservation Authority;
d) details regarding the provision of municipal piped water to the
proposed development; and
e) details regarding the provision of municipal sanitary sewage
treatment to the site to the satisfaction of the Village and the Ministry
of Environment & Energy.
In those instances lots are to be created by the consent process, the village will
circulate the applications to appropriate agencies and provincial ministries that would receive an
opportunity to comment upon plans of subdivision and will be giver 30 days within which to
comment. Regardless of the lot creation method used, the permission to create new lots will be
conditional to the execution of either subdivision or development agreement.
6.2 GENERAL POLICIES
When considering the appropriateness of creating lots by any of the above-noted means, Council
and the Committee of Adjustment shall have due regard to the following general planning
principles:
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i) the creation of new lots will only be allowed when all parcels involved
abut a public road, or will abut a public road at the completion of
development, of a standard of construction acceptable to the village and
the Ministry of Transportation;
ii) the creation of new lots will not be allowed if any parcel involved requires
access to be obtained where a traffic hazard could be created because of
limited sight lines on curves or grades or proximity to intersections;
iii) the creation of new lots will only be allowed when it has been established
that soil and drainage conditions for all parcels involved are suitable to
permit the proper siting of a building and the proper servicing of the
building;
iv) the creation of new lots will only be allowed if the proposed lots comply
with the provisions of the zoning by-law. Where a by-law amendment or
minor variance is necessary, it shall be a condition of the consent or plan of
subdivision approval;
v) the creation of new lots shall not be allowed where development could
occur on lands subject to flooding, erosion or unstable conditions or any
other physical limitations as determined by the village in consultation with
the Essex Region Conservation Authority;
vi) notwithstanding any other policy of this Plan, consents for the creation of
easements or right-of-ways are permitted and minor lot adjustments or
minor boundary changes are permitted provided they are granted
conditional to Section 50(3) or (5) of the Planning Act, R.S.O. 1990;
33
vii) the consent-granting authority may exercise its powers under Section 53(2)
of the Planning Act, R.S.O. 1990 when reviewing the appropriateness of
the proposed shape, size, or configuration of any proposed lot;
viii) in those instances where multiple lots are to be created, application fees
shall be paid in accordance with the village’s policy. Only one application
outlining all of the lots to be created need be submitted. Such application
shall have a corresponding series of numbers. Further, it shall be the
village’s policy to deny consent applications that only remit one fee but by
applying for a new lot in the middle of an existing lot, create two new lots
with one application.
6.3 COMMON CONDITIONS
When granting consent applications, plans of subdivision or part lot control
exemption by-laws, consideration will be give to the following requirements which may be
stipulated as a condition of approval where applicable:
i) that all realty and business taxes be paid in full;
ii) that a park fee equivalent to 5 percent of the value of the land for
residential development and 2 percent of the value of the land for
commercial and industrial development be paid;
iii) that the village’s zoning by-law be amended to permit the proposed use, if
necessary, prior to the certificate under Section 53(21) of the Planning Act,
R.S.O. 1990 being endorsed on the transfer;
iv) that satisfactory access be constructed to the property;
v) that all development be fully serviced by municipal water and sanitary
sewers.
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SECTION 7 COMMUNITY IMPROVEMENT POLICIES
7.1 GOALS AND OBJECTIVES
The following goals and objectives are established for community improvement
in the Village of St. Clair Beach.
a) to develop and maintain an attractive and pleasant living environment for
residents of the Village of St. Clair Beach;
b) to continue to improve existing municipal hard services and social and
recreational facilities to acceptable service standards;
c) to ensure a high standard of site design for new development and to
minimize incompatibilities between new and existing uses.
7.2 COMMUNITY IMPROVEMENT CRITERIA
A community improvement area shall be selected on the basis of several of the
following criteria:
a) the need for improvements to storm sewers, sanitary sewers, watermains,
shoreline protection, hydro facilities, streetlighting, roads and public
works yards;
b) the need for improvements and/or expansion to park and recreational
facilities;
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c) the need for improvements to the public streetscape to improve its
appearance and function.
7.3 DESIGNATION OF COMMUNITY IMPROVEMENT AREA
Based on the above criteria, the Village of St. Clair Beach in its entirety as shown
on Schedule ‘A’ of this Plan is designated as a community improvement area. Community
improvement project areas within the Village shall be designated as such in a by-law passed in
accordance with the provisions of Section 28 of the Planning Act, 1983.
7.4 PHASING OF IMPROVEMENTS
The following types of improvement are considered high priority:
a) road reconstruction in those areas of the Village which have been
identified as a high priority in the Roads Survey Report prepared for the
municipality;
b) reduction of stormwater flows in the sanitary sewer system;
c) improvements to existing parks and the development of those lands that
are under municipal ownership but not fully developed for optimal park
use at the present time.
In the event that the existing circumstances change with time, Council may alter
the priority of the improvements accordingly without an amendment to this Plan provided the
changes are in keeping with the goals and objectives identified in Section 7.1
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7.5 IMPLEMENTATION
The policies contained in this section will be implemented through the following
measures:
a) designation of community improvement project areas and the preparation
of community improvement plans for such areas pursuant to Section 28 of
the Planning Act, 1983;
b) the use of senior government grants and subsidies wherever possible;
c) enforcement of the Village’s Maintenance and Occupancy Standard By-law
pursuant to Section 31 of the Planning Act, 1983;
d) Council support for activities and programs undertaken by local service
clubs and community organizations, particularly with respect to
improvements to recreational and community facilities;
e) Council support for private concerns, business and institutions undertaking
improvements to private properties.
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SECTION 8 IMPLEMENTATION AND INTERPRETATION
8.1 GENERAL
This Plan shall be implemented by means of the statutory powers conferred upon
the Council and other municipal officials by the Planning Act, the Municipal Act and any other
powers as may be exercised through the implementing zoning by-law, subdivision control
regulations, developers’ agreements and standards of maintenance and occupancy by-laws.
8.2 IMPLEMENTING ZONING BY-LAW
The Village will revise its existing comprehensive zoning by-law to zone lands in
accordance with the policies and designations contained in this Plan.
8.3 HOLDING ZONES
The Village’s implementing zoning by-law may incorporate the holding zone
approach in accordance with Section 35 of the Planning Act, 1983. The Village may identify in
its zoning by-law those uses that are ultimately intended for certain lands, but by adding the
holding (h) symbol, will delay their actual development until specific conditions are met. When
the required conditions are met, the Village will pass a by-law removing the holding (h) symbol.
Only those undeveloped lands designated Single-Family Residential, Medium-
Density Residential, Commercial, and Institutional in this Plan may be placed in an appropriate
holding zone in the implementing zoning by-law.
The criteria to be met for the removal of the holding symbol in designations are:
38
a) a fully executed subdivision, condominium or developers’ agreement
registered on title against the property affected, which will outline in detail
the various servicing requirements and conditions to be satisfied before
building permits will be issued;
b) conformity and compliance with all other applicable official plan and
zoning by-law requirements.
When these conditions have been met, the municipality will entertain an
application for the removal of the holding (h) symbol initiated by the developer or owner of the
subject lands.
In the interim period, until such time as the holding (h) symbol is removed, the
zoning by-law shall permit existing uses, buildings and structures on all parcels of land placed in
a holding zone. The zoning by-law will also provide for enlargement of existing dwellings and
the erection or extension of accessory buildings.
8.4 SITE PLAN CONTROL
The Village of St. Clair Beach in its entirety, as shown on Schedule “A” of this
Plan, is designated as a proposed site plan control area pursuant to Section 40 of the Planning
Act, 1983. All new development including single-family residential development will be subject
to site plan control.
When reviewing site plans, Council shall consider the appropriateness of the
proposed development in view of the following site plan control objectives:
i) to maintain a consistent municipal standard of development;
ii) to ensure safety and efficiency of vehicular and pedestrian access;
39
iii) to minimize incompatibility between new and existing development
through the appropriate use and location of on-site facilities such a
landscaping and lighting;
iv) to control the provision and location of associated services such as parking
areas, loading facilities and garbage collection;
v) to secure easements or grading necessary to provide for public utilities and
site drainage;
vi) to ensure that the development proposed is built and maintained as
approved by Council.
8.5 COMMITTEE OF ADJUSTMENT
It is intended that the Village will continue to maintain a Committee of Adjustment
under the provisions of the Planning Act to review consent, minor variance and non-conforming
use applications. The Committee shall be guided by the policies of this Plan and the requirements
of the zoning by-law in making decisions of these applications.
8.6 PLANS OF SUBDIVISION
It shall be the policy of the Village to recommend to the Minister for approval only
those plans of subdivision which comply with the provisions of this Plan, which can be supplied
with adequate servicing such as fire protection, water supply, drainage and sewage disposal
facilities, and which are appropriate in light of the Village’s financial position.
40
8.7 PUBLIC WORKS AND CAPITAL WORKS PROGRAMS
It is intended that the construction of public works within the Village of St. Clair
Beach shall be carried out in accordance with the policies of this Plan.
8.8 MAINTENANCE AND OCCUPANCY BY-LAW
Standards of maintenance and occupancy will be enforced through the use of the
Village’s Maintenance and Occupancy By-law passed and enforced in accordance with Section 31
of the Planning Act, 1983. The by-law establishes the minimum standards for property
maintenance and occupancy as they relate to:
a) the physical conditions of yards and passageways;
b) the adequacy of sanitation including drainage and garbage problems;
c) the physical condition of all structures with particular regard to the follow:
i) structural standards,
ii) lights and ventilation,
iii) condition of stairs,
iv) interior walls, ceilings and floors,
v) toilet facilities,
vi) condition of chimneys,
vii) heating systems,
viii) electrical service,
ix) access.
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8.9 EXISTING LAND USES
Certain lands within the Village have been developed with a land use other than
that which is intended by the designations and policies of this Plan. Provided these uses existed
prior to the date of the adoption of this Plan, they may be recognized as legal conforming uses in
the implementing zoning by-law. Further, the zoning of the lands which these uses occupy may
also permit a limited range of similar or related uses provided the following criteria are met:
i) the implementing zoning by-law specifically establishes what uses are
permitted;
ii) the implementing zoning by-law limits the amount of expansion that is to
be permitted to ensure that such uses do not become larger than would be
appropriate for the area;
iii) the uses do not constitute a danger to surrounding uses and persons because
of their hazardous nature or traffic generated;
iv) a by-law amendment to permit a use other than those permitted may only
be permitted without an amendment to this Plan where the proposed use is
more compatible with, or conforms to, the land use policies and
designations contained in this Plan.
8.10 NON-CONFORMING USES
Any land use which does not meet the provisions of Section 8.10 shall be left as a
non-conforming use in the implementing zoning by-law. As a general rule, such a use should
cease to exist. In special circumstances, however, it may be desirable to permit the extension or
enlargement of such a non-conforming use in order to avoid unnecessary hardship. It is the
42
intention of this Plan that extensions and enlargements be handled without an amendment to this
Plan through the use of either Section 34(10) or 44(2) of the Planning Act, 1983. When
considering an application under either section of the Act for the extension or enlargement of a
use which does not conform to the implementing zoning by-law, Council or the Committee of
Adjustment shall decide if the special merits of the individual case make it desirable to grant
permission for the extension or enlargement of the non-conforming use and in so doing shall have
regard to the following matters:
i) that the proposed extension or enlargement of the established non-
conforming use shall not unduly aggravate the situation created by the
existence of the use, especially in regard to the policies of this Official Plan
and the implementing zoning by-law applying to the area;
ii) that the proposed extension or enlargement shall be in an appropriate
proportion to the size of the non-conforming use established prior to the
passing of the implementing zoning by-law;
iii) that an application which would affect the boundary areas of different land
use designations will only be processed under these policies if it can be
considered as a ‘minor adjustment’ permitted under the Interpretation
clause, Section 8.13 of this Plan, without the need for an amendment. Any
major variance will require an amendment to this Plan;
iv) the characteristics of the existing non-conforming use and the proposed
extension or enlargement shall be examined with regard to noise, vibration,
fumes, smoke, dust, odours, lighting and traffic generating capacity;
v) that the neighbouring conforming uses will be protected, where necessary,
by the provision of areas for landscaping, buffering or screening,
appropriate setbacks for buildings and structures, devices and measures to
reduce nuisances and, where necessary, by regulations for alleviating
adverse effects caused by outside storage, lighting, advertising signs, etc.
43
Such provisions and regulations shall be applied to the proposed extension
or enlargement and, where feasible, extended to the established use in order
to improve its compatibility with the surrounding area;
vi) that traffic and parking conditions in the vicinity will not be adversely
affected by the application and traffic hazards will be kept to a minimum
by appropriate designs of ingress and egress points to and from the site and
improvement of sight conditions especially in proximity to intersections;
vii) that adequate provisions have been, or will be made for off-street parking
and loading facilities;
viii) that applicable municipal services such as storm drainage, sewage disposal
and water supply are adequate and meet the approval of the Ministry of the
Environment or its designated agent.
8.11 EXISTING LOTS OF RECORD
There are existing lots of record in the Village which are under separate ownership
and which do not conform with the development standards of the designation or the
corresponding zone in the implementing zoning by-law. Notwithstanding their non-compliance,
it is the policy of this Plan that these lots may be developed for a use permitted by this Plan in
accordance with the requirements established in the implementing zoning by-law.
8.12 INTERPRETATION
The designation boundary lines and policy statements of this Plan should not be
interpreted in a strict, narrow or technical manner. The Plan’s provisions are meant to be
relatively flexible. Appropriate variations may be made by Council where they are thought to be
necessary, provided that the general intent of the Plan is maintained.
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8.13 AMENDMENT PROCEDURES
All proposed amendments to the Official Plan shall be processed in accordance
with the provisions of Section 21 of the Planning Act, 1983 and due regard shall be given to the
following matters:
i) the physical suitability of the land to be used for the proposed use;
ii) the adequacy of municipal and utility services;
iii) the adequacy of the road system to accommodate the projected traffic
volume increases;
iv) the compatibility of the proposed use with existing and potential future uses
in the surrounding area.
8.14 REVIEW OF OFFICIAL PLAN POLICIES
The policies and designations of this Plan shall undergo a comprehensive review
five years from the date of its approval by the Minister of Municipal Affairs. The purpose of the
review will be to:
i) document the type and location of new development that occurred during
the preceding five year period;
ii) project the nature, location and magnitude of new development that can be
expected during the subsequent five year period;
iii) review the continued appropriateness of the Plan’s goals, policies and
designations;
iv) formulate revised or new goals, policies and designations as required.
RIVERSIDE DR
TECUMSEH RD
BRIG
HTON
RD
ARLIN
GTON
BLV
D
ST M
ARK'
S RD
ST GREGORY'S RD
MANN
ING
RD
PENT
ILLY R
D
EDGE
WATE
R BL
VD
KENSINGTON BLVD
DRESDEN PL
CADA
CRE
S
HAYES AVE
DORSET PK
GRAN
T AVE
FAIR
WAY C
RES
ESTATE PK
GORD
ON AV
E
DAVID CRES
WARW
ICK
RD
ESSEX RD
RUTLAND RD
BURLINGTON RD
ALOHA DR
DERB
Y RD
COVE DR
CHRISTY LN
CLOVELLY RD
STARWOOD LN
LEXH
AM G
DNS
SOUTHWIND CRES
TALTHORPE PL
MACK CRTRE
GENT
RD
BEACH GROVE DR
JEFF
REY
PL
COLL
IER
CRES
HARB
OURN
E CR
ES
MEI-LIN CRES
BIRK
DALE
CRT
ROST
REVO
R CR
T
WELLWOOD CRT
ALDEN CRES
CEDAR CRES
OAKF
IELD
CRT
CANT
ERBE
RRY C
RT
DAVID CRES
CLOVELLY RD
TECUMSEH RD
SCHEDULE "A"Village of St. Clair Beach
Official Plan- LAND USE PLAN -
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0 290 580145METRES
Single Family ResidentialMedium Density ResidentialParks and Open SpaceInstitutionalCommercialArterial RoadCollector RoadVillage Boundary
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