3643-2023 Zoning By-Law 2965 Amendment – Commercial Village & Residential Village to Village Commercial Exception 3 (Maitland Tower)
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2965, AS AMENDED (1241 & 1243 COUNTY ROAD 2)
Passed by Council July 10, 2023
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3643-2023
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2965, AS AMENDED
(1241 & 1243 County Road 2)
WHEREAS pursuant to the provisions of the Planning Act, Section 34, the Council of a
Municipality may enact By-Laws to regulate the use of land, buildings or structures for
any purpose set out therein that is otherwise prohibited;
AND WHEREAS By-Law No. 2965, as amended regulates the use of land and the use
and erection of buildings and structures within the Township of Augusta;
AND WHEREAS the Municipal Council of the Corporation of the Township of Augusta
deems it desirable to amend Zoning By-Law No. 2965, as amended, under Section 34
of the Planning Act, R.S.O. 1990, as amended;
NOW THEREFORE the Council of the Corporation of the Township of Augusta hereby
enacts as follows:
1. THAT Section 7.6.4 Exception Zones is amended by adding the following sub
section:
7.6.4.3 Village Commercial Exception Three Zone (CV-X3)
Notwithstanding the provisions of Section 6 and Section 7.6 hereof to the contrary,
on the approximately 2.7 hectare parcel of land known as 1241 and 1243 County
Road 2 in the Township of Augusta and zoned CV-X3’ on Schedule A to By-law
No. 3643-2023, the following provisions shall apply:
(a) Holding Symbol The Holding provision H-CV-X3 applies to restrict new development in Areas A and B subject to the Municipality’s approval of sufficient archaeological
assessment.
(b) Holding Symbol The Holding provision applies to the following uses within the CV-X3 zone subject to the Municipality’s approval of sufficient hydrogeological assessment:
/ Hotel;
/ Laundromat;
/ Micro-Brewery / Micro-Distillery;
/ Motel;
/ Restaurant;
/ Tavern;
/ Tourist Establishment.
(c) Permitted Uses
* denotes definition to be added “H” denotes uses subject to the Municipality’s approval of sufficient hydrogeological assessment
Accessory Dwelling
Bake Shop
Bank
Biological Field Station*
Business Office
Clinic
Commercial Club
Community Garden*
Convenience Store
Drug Store
Dry Cleaning Outlet
Equipment Rental Establishment
Farmers Market
Flea Market
Garden Centre
Health Retreat
H – Hotel
H – Laundromat
Li b ía ry
Marine Facility
Marine Rental Facility*
H- MicroBrewery/MicroDistillery*
H – Motel
Museum
Office
Outdoor Café
Personal Service Establishment
Pet Shop
Place of Amusement
Place of Assembly
Place of Worship
Private Club
Public Market
Public Service Use
Public Utility
Recreational Commercial Establishment
H – Restaurant
Retail Grocery Store
Retail Outlet
Retail Store
School, Commercial
Second Hand Shop
Service Outlet
Snack Bar or Coffee Shop
Studio
H – Tavern
Theater, Cinema
H – Tourist Establishment
Veterinary Establishment
Video Rental Outlet
Wildlife Rehabilitation Facility*
Workshop or Custom Workshop
Accessory uses to the foregoing
For the purposes of the CV-X Zone, the following definitions shall apply:
(i) Biological Field Station: means the use of any lot or building for
academic research, including laboratories and data collection sites,
that are focused on ecology and support research, teaching, and public
education.
(ii) Community Garden: means the use of any lot or building managed and
maintained by a group of individuals for the purpose of cultivation of
plants for personal use or consumption and includes other forms of
urban agriculture such as tree planting projects or similar uses.
Permitted accessory uses include the sale or donation of produce grown
in the community garden.
(iii) Marine Rental Facility: a commercial building, part of a building or
structure wherein the primary use is the rental of marine equipment. This
definition excludes a marina.
(iv) Micro-Brewery I Micro-Distillery: means a facility for the small-scale
production and distribution of spirit products and the brewing of beer
producing a limited amount of beer per year for sale. Accessory retail
commercial, office space, and tasting areas shall be permitted provided
they are limited to 35% of the total gross floor area and are limited to
production activities which are not deemed to be noxious to adjacent
properties or the general public.
(v) Wildlife Rehabilitation Facility; a facility that treats, rehabilitates, and
releases injured animals.
(d) Maximum Tower Height 32 metres
(e) Wharl Setback (mm) Notwithstanding Section 6.12, a wharf
shall be permitted within 2 metres of the
east lot line projection.
(f) Loading Space A loading space shall not be required.
2. THAT Schedule G1 of By-Law 2965, as amended, is hereby amended by
changing the zone symbol of the subject lands from Residential Village — RV
zone and Village Commercial — CV zone to Village Commercial Exception Three
Zone (CV-X3), as shown on Schedule A of this By-Law.
3. THAT Zoning By-Law 2965 is amended hereby to give effect to the foregoing, but
Zoning By-Law 2965 shall remain in all other respects, in full force and effect
save as may be amended otherwise or dealt with hereafter.
4. THAT this By-Law shall come into force on the date it is passed by the Council of
the Corporation of the Township of Augusta subject to:
(a) The expiration of the time period specified for the filing of objections by the
Notice of Passing of this By-Law, provided that no Notice of objection has
been filed within the time period specified; or
(b) The approval of the By-Law by the Ontario Land Tribunal, where an objection
to the approval of this By-Law has been filed within the time period specified
in the Notice of Passing of this By-Law.
Read a first, second, and third time and finally passed this 10th day of July, 2023.
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
SCHEDULE A to BY-LAW 3643-2023
(1241 & 1243 County Road 2)
To amend Schedule G1 of Zoning By-Law 2965, as amended
Applicable to Roll No. 0706 000 035 13800
RV and CV zone to be CV-X3 zone and Holding provision applicable to restrict new
development in Areas A and B
