Special Provisions Special cases applied to specific properties

Special Provision 24.2

Notwithstanding Section 8.1 hereof, a parking area is permitted subject to the following:

1. the parking area will be used only by the visitors to or employees of the funeral home at 21 First Street, or the place of worship at 5 First Avenue;
2. the parking area will not supply any parking spaces to satisfy any parking requirement, pursuant to Section 5.17 hereof, in relation to the funeral home at 21 First Street or the place of worship at 5 First Avenue;
3. a landscaped strip with a minimum width of 3.0 metres will be provided along the east lot line; and
4. a landscaped strip with a minimum width of 6.0 metres will be provided along the front lot lone, excepting only the driveway.

By-law 27-2004 (4 Second Avenue)

Special Provision 24.3

Notwithstanding the requirements of the "R2" Residential Second Density Zone, the lot described as Lots 61, 62, 63 and part of Lot 64, Plan 195, and the lot described as Lots 1 and 2, Block 1, Plan 216, may be used for greenhouse establishments provided that no buildings located thereon at the date of the passing of this By-law shall be enlarged after the date of the passing of this By-law.

(78 John Street)

Special Provision 24.4

Notwithstanding the provisions of the "RM1" Multiple Family Residential Zone, the following provisions shall apply to the lot described as Lot 17, Registered Plan 195:

1. A maximum of 4 dwelling units shall be permitted
2. Minimum lot frontage - 20.0 metres
3. Minimum lot depth - 22.5 metres
4. Minimum rear yard - 6.0 metres

(51 John Street)

Special Provision 24.5

Notwithstanding the provisions of the "R1" Residential First Density zone, on the land described as Lot 24 and Part of Lot 23, Block 3, Registered Plan 237, the following shall be required:

1. Minimum lot area - 550.0 square metres
2. Minimum lot depth - 28.0 metres
3. Minimum ground floor area for a one storey building - 115 square metres

(92 Elizabeth Street)

Special Provision 24.8

Notwithstanding the provisions of the "C3" Service Commercial Zone marked waiting lanes capable of accommodating 2.5 cars per washing bay shall be provided for any coin operated car wash on the property described as Lots 3, 4, 5 and 6 of Registered Plan 117 on the Town Line Road. In addition, a minimum interior side yard of 1.5 metres shall be permitted.

Notwithstanding the provisions of Section 16.1 hereof, an upper floor dwelling unit is permitted within the area of the subject property.

By-law 43-1999 (14 Town Line)

Special Provision 24.9

Notwithstanding the provisions of the "C5" Restricted Commercial Residential Zone, the parking area location for the use of Lot 1, Block 2, Registered Plan 237, may include portions of the Ada Street right-of-way.

(299 Broadway)

Special Provision 24.10

Notwithstanding Sections 2.70, 15.2(4) and 15.2(6) hereof, the following regulations shall apply:

1. The front lot lone shall be deemed to be the lot line dividing the lot from Alder Street.
2. The minimum exterior side yard adjacent to Colbourne Crescent shall be 6 metres.
3. The minimum rear yard for a building not exceeding one storey in height is 4.5 metres.
4. Those portions of the rear yard and the exterior side yard that are within six metres of Colbourne Crescent shall be landscaped.
5. Those portions of the front yard that are within three metres of Alder Street, Colbourne Crescent and Riddell Road shall be landscaped except for driveway entrance areas.

By-law 95-2003 (75 Alder Street)

Special Provision 24.11

Notwithstanding the provisions of the "R2" Residential Second Density Zone, permitted uses for the property described as Part of Lot 25, Block 10, Registered Plan 222, shall also include professional office.

(61 First Street)

Special Provision 24.12

Notwithstanding the provisions of the RM1 "Multiple Residential Medium Density" Zone, the following provisions shall apply to the lands described as Plan 195, Lot 57, Part of Lot 56, Part of Reserve Plan 138, Lot 27, Part of Lot 26, Concession E, Part of Lot 1 in the Town of Orangeville:

1. A maximum of 71 apartment units shall be permitted within the existing building located on the lands.
2. A minimum exterior side yard of 5 metres is required.

(17 Church Street - Mill Place apartments)

Special Provision 24.13

Notwithstanding the provisions of the "C3" Service Commercial Zone, on the land described as Part of Lots E and F, Registered Plan 226, and Part of Lots 18 and 19, Registered Plan 186, a minimum side yard of .9 metres shall be required.

By-law 43-1999 (324 Broadway)

Special Provision 24.14

Notwithstanding the provisions of the "M1" General Industrial Zone, on the land described as Part 5 of Part of the east half of Lot 2, Concession D, Registered Plan 7R-1722, a minimum interior side yard of 2 metres shall be required in the southern side yard.

(19 Commerce Road)

Special Provision 24.15

Notwithstanding the provisions of the "R5" Residential Fifth Density Zone, on the land described as Part of Lots 10 and 11, Registered Plan 170, a minimum lot frontage of 4.2 metres shall be required and a minimum interior side yard of 4.5 metres shall be required.

Notwithstanding the provisions of Sections 2.2 and 11.1, a dwelling unit shall be permitted in the detached garage on the property.

By-law 96-2008 (22 Hillside Drive)

Special Provision 24.16

Notwithstanding the provisions of the "RM1" Multiple Residential Medium Density Zone, on the land described as Lots 3, 4 and 5, Block 6, Registered Plan 159, a maximum of 28 multiple dwelling units shall be permitted.

(53 First Avenue)

Special Provision 24.17

Notwithstanding Sections 12.1, 12.2 (4) and 12.2 (5) hereof, the following provisions shall apply to Lots 283, 285, 286 and 287, Registered Plan 100:

1. Permitted Uses: a row house dwelling, a townhouse dwelling
2. exterior side yard (minimum): 6.0 metres
3. rear yard (minimum): 6.7 metres, except for the lands comprising Lot 287 and Part of Lot 286, Registered Plan 100 where the minimum rear yard is 3.15 metres.

By-law 95-2003; By-law 44-2006 (2 Cedar Drive; 2, 6, 31 Parkview Drive; 90 Lawrence Avenue)

Special Provision 24.18

Notwithstanding the provisions of the "R1" Residential First Density Zone, a second dwelling unit shall be permitted on the lands described as Lot 9, Block 4, Registered Plan 212, and part of the lane, in the Town of Orangeville. In addition, the following provisions shall apply:

1. A minimum frontage of 20.0 metres is required.
2. No interior side yard is required.
3. A minimum rear yard of 3.0 metres is required.

(6 Clara Street)

Special Provision 24.19

Notwithstanding Section 12.1 hereof, on the lands described as Part of Lots 3, 4 and 5, Block 1, Registered Plan 212, a business or professional office is also permitted within the existing row house dwelling.

By-law 95-2003 (2-10 Zina Street)

Special Provision 24.20

Notwithstanding the provisions of Section 13A.1 (permitted uses of the CBD Zone), the following uses shall be the only uses permitted on the lands zoned Central Business District (CBD) Zone, Special Provision 24.20:

Permitted Uses:

• a single detached dwelling
• a semi-detached dwelling
• a public park or playground
• a home occupation in accordance with the provisions of Section 5
• a parking area
• a parking lot

By-law 106-2001 (22 Zina Street)

Special Provision 24.21

Notwithstanding the provisions of the "C2" Neighbourhood Commercial Zone, on the lands described as Lots 1, 2, 3, 4 and Part of Lot 5, Block 18, Plan 222, gasoline pumps, a gasoline pump island and a canopy may be located not closer than 2.7 metres to the eastern limit of First Street.

(87-89 First Street)

Special Provision 24.22

Notwithstanding the provisions of Section 11B of this by-law, the following regulations shall apply to lands described as Part of Lots 15 and 16, Registered Plan 27A:

Permitted Uses:

• a single detached dwelling
• a home occupation in accordance with the provisions of Section 5

By-law 127-1997 (2, 4, 6, 8, 10 Lakeview Court)

Special Provision 24.23

Notwithstanding the provisions of Section 23.1 hereof, the lands indicated on Schedule "A" as "D 24.23" shall only be used as a communication facility including related uses such as a studio, office, signal receiving facilities, storage and parking".

By-law 6-1996; By-law 95-2003 (70 C Line)

Special Provision 24.24

Notwithstanding the provisions of the Neighbourhood Commercial (C2) Zone, on lands described as Part of Lot 28, Elliott Street, Plan 219; Part of Block A, Plan 50; Parts 1-3, Plan 7R-1430; Part 1, Plan 7R-5748, the following provisions shall apply:

1. The following uses shall only be permitted:
• an automobile service station
• a business or professional office
• a financial establishment
• a medical laboratory
• a personal service shop
• a recreational establishment
• a restaurant
• a retail store
• a repair, service or rental establishment
• a veterinarian clinic
2. Easterly Minimum interior side yard 12 metres
   (Existing building only)

By-law 104-2013 (51 Town Line)

Special Provision 24.26

Notwithstanding the provisions of the "R5" Residential Fifth Density Zone, on the lands at 1 Hillside Drive, a Family Resource Centre shall be recognized as a permitted use.

(1 Hillside Drive)

Special Provision 24.27

Notwithstanding the provisions of the "C2" Neighbourhood Commercial Zone, on the lands described as Lot 10 of the Registered Plan 75 on First Street, the Commercial use of the lands will be limited to office uses.

(67 First Street)

Special Provision 24.28

Notwithstanding the provisions of the "C2" Neighbourhood Commercial Zone, the lot described as Lot 7, Registered Plan 275 and any other building may be used in any manner permitted by this By-law including the retail and wholesale sale of motor vehicle parts and supplies and the warehousing of them for that purpose.

By-law 5-2015 (74 First Street)

Special Provision 24.29

Notwithstanding the provisions of the "RM2" Multiple Residential High Density Zone, on those lands consisting of Part of the east half of Lot 2, Concession 2, W.H.S. of the Town of Orangeville being Part of Lots 34, 35, 36, 39, 40, 41, 42, 57, 58, 59, 60 and Homestead, and also part of Acott Street (closed by By-law 1988), Registered Plan 252 of the Town of Orangeville; which lands are known as Block E in the Draft Plan of Subdivision for Forest Park Valley, the construction of two apartment buildings of four and six storeys containing a total of 98 units shall be permitted.

(35, 45 Bredin Parkway)

Special Provision 24.30

Notwithstanding the provisions of the "C3" Service Commercial Zone, on the land described as Lot 1, Registered Plan 116, permitted uses shall be limited to a business or professional office and a motor vehicle sales and service establishment.

By-law 58-2011 (1 Diane Drive)

Special Provision 24.31

Notwithstanding Section 18.1 hereof on the lands described as Part Lot 1, Block 9, Plan 138, a public garage, mechanical, and the sale of vehicles in conjunction therewith shall be a permitted use.

Section 18.2(15) hereof shall not apply to a public garage, mechanical.

By-law 95-2003 (252 Broadway)

Special Provision 24.32

Notwithstanding the provisions of the Central Business District (CBD) Zone, on the lands described as 5 and 7 Little York Street, being composed of Part of Lot 3 and Lot 4, in Plan 42, part of Lots 23 and 24 both in Block 6, Plan 138, part of Lot 1, in Concession E formerly in the Township of East Garafraxa, now in the said Town and part of an allowance for lane between Lot 1, Concession E and Lot 3, Plan 42 and parts of Lot 23 and 24, Block 6, Registered Plan 138 and being more particularly described as Parts 1, 2 and 3 according to Plan 7R-1204, an auto body shop shall be a permitted use.

By-law 43-1999 (5, 7 Little York Street)

Special Provision 24.33

Notwithstanding the provisions of the Central Business District (CBD) Zone, on the lands described as Part 3 of Reference Plan 7R-2482, the maximum lot coverage shall be 100% and the minimum rear yard requirement shall be nil. The existing Orange Lawrence Mill may be repaired or reconstructed on this property, to similar height, size and volume. The parking and loading space requirements of this by-law shall not apply. The surrounding easements, described as Parts 1 and 2 of Reference Plan 7R-2482 may be used for the construction of driveways to provide access to Little York and Mill Streets and to construct parking areas>, of asphalt, concrete or brick for the use of the commercial building on Part 3.

By-law 43-1999 (38 Mill Street)

Special Provision 24.34

Notwithstanding the provisions of the "RM1" Multiple Residential Medium Density Zone, the following shall apply to the lands described as all of Lot 1, Part Lots 2 and 3, Part of First Avenue (between Blocks 15 and 16) and Part of Fourth Street (closed) and part of the 20 foot lane (closed), unnumbered block between First and Second Avenue and east of Fourth Street (known as Block 15) Registered Plan No. 201:

1. A maximum of 48 dwelling units shall be permitted.
2. A minimum interior side yard of 7.3 metres is required.
3. A minimum rear yard of 7.6 metres is required.
4. A maximum height of 21.3 metres shall be permitted.

(16 Fourth Street)

Special Provision 24.35

Notwithstanding the provisions of the "R2" Residential Second Density Zone, the following shall apply to the lands having frontage on John Street, known as Part Lot 29, Registered Plan 195:

1. Minimum frontage 15.5 metres
2. Minimum lot depth 23.7 metres
3. Maximum lot coverage 42%
4. Minimum lot area 371 square metres
5. Minimum front yard 3.6 metres
6. Minimum rear yard 3.6 metres

(27 John Street)

Special Provision 24.36

Notwithstanding the provisions of the "R2" Residential Second Density Zone, the following shall apply to the lands having frontage on Margaret Street, known as Part Lot 29, Registered Plan 195:

1. Minimum lot frontage 15.5 metres
2. Minimum lot depth 21.3 metres
3. Maximum lot coverage 33%
4. Minimum lot area 334 square metres
5. Minimum front yard 4.5 metres
6. Minimum rear yard 1.5 metres

(25 Church Street)

Special Provision 24.37

Notwithstanding the provisions of the Residential Second Density (R2) Zone, the following shall apply to lands known as Part of the West ½ of Lot 2, Concession II, W.H.S.:

1. Minimum lot area 464 square metres
2. Maximum lot coverage 35%

(Edenwood Crescent; Oakwood Crescent; Beechfield Crescent; Jull Court.; 202-208, 205-239 Credit Creek Boulevard)

Special Provision 24.38

Notwithstanding the provisions of the institutional (INST) Zone on lands described as Part of West ½ of Lot 4, Concession D, a church manse or rectory shall be a permitted use.

(55 C Line)

Special Provision 24.39

Notwithstanding the provisions of the Residential Second Density (R2) Zone, on lands described as Part Lot 22, Plan 195 and having frontage on Margaret Street, the following provisions shall apply:

1. Minimum lot frontage 12.0 metres
2. Minimum lot area 275.0 square metres
3. Minimum lot depth 22.0 metres
4. Minimum front yard 3.0 metres

(14 Margaret Street)

Special Provision 24.40

Notwithstanding the provisions of the Residential Second Density (R2) Zone, on lands described as Part Lot 22, Plan 195 and having frontage on John Street the following provisions shall apply:

1. Minimum lot frontage 14.0 metres
2. Minimum lot area 315.0 square metres
3. Minimum lot depth 22.0 metres

(37B John Street)

Special Provision 24.41

Notwithstanding the provisions of the Service Commercial (C3) Zone, on lands described as Part of the East ½ of Lot 3, Concession 2, W.H.S., a retirement home shall be a permitted use.

By-law 43-1999 (236 First Street)

Special Provision 24.43

Notwithstanding the provisions of the Service Commercial (C3) Zone on lands described as Part Lot 76 and 77, Plan 219 the following uses shall only be permitted:

• an animal hospital
• an assembly hall
• an automobile service station
• an automobile tire store
• an automotive parts depot
• a building supply outfit
• a car wash
• a club house
• a dry cleaning or laundry establishment
• a farm implement dealer
• a funeral home
• a hardware store
• a home furnishing or improvement retail use
• a motor vehicle sales and service establishment
• an office if located on an upper floor of a commercial building
• a public garage
• a publishing establishment
• a real estate office
• a recreational establishment
• a repair, service or rental establishment
• a variety store
• a video film outlet
• a warehouse with up to 20% of the ground floor area devoted to an accessory retail store
• a wholesale establishment

Despite the foregoing, a billiards parlour, a pool hall and an amusement arcade are prohibited.

By-law 43-1999; By-law 14-2000 (17 Town Line)

Special Provision 24.44

Notwithstanding the provisions of the Open Space - Conservation (OS2) Zone on lands described as Part Lots 76 and 77, Plan 219, a parking area approved by the Credit Valley Conservation Authority shall be a permitted use.

(17 Town Line)

Special Provision 24.45

Notwithstanding the provisions of the Residential Third Density (R3) Zone on lands described as Part of Lot 1, Concession 1, W.H.S. the following shall apply to semi-detached dwellings.

1. Minimum lot frontage 7.5 metres
2. Minimum interior side yard 1.2 metres

(12-146 Lakeview Court)

Special Provision 24.46

Notwithstanding the provisions of the Multiple Residential Medium Density (RM1) Zone on lands described as Block 2, Part Lots 2 and 3, Registered Plan 233, the following provisions shall apply to row house dwellings:

1. Minimum lot frontage 4.5 metres
2. Minimum interior side yard 1.35 metres

(79 Town Line)

Special Provision 24.46A

Special Provision 24.47

Special Provision 24.48

Notwithstanding the provisions of the Multiple Residential Medium Density (RM1) Zone on lands described as Part Lot 8 and 9, Block 6, Registered Plan 195, the following provisions shall apply to multiple dwellings:

1. Minimum rear yard 5.4 metres
2. Minimum interior side yard 2.2 metres
3. Minimum exterior side yard 3.9 metres

(69-71 First Avenue)

Special Provision 24.50

Notwithstanding the provisions of the Multiple Residential Medium Density (RM1) Zone, on lands described as Lots 81, 82 and Part Lot 83, Registered Plan 219, a maximum development density of 62 units per net residential hectare shall be permitted.

(60 Chisholm Street)

Special Provision 24.51

Notwithstanding the provisions of the Residential Second Density (R2) Zone, on lands described as Part of Lot 5, Registered Plan 195 and fronting onto Margaret Street, the following provisions shall apply:

• lot area - Minimum 400 m²

(52 Margaret Street)

Special Provision 24.52

Notwithstanding the provisions of the Residential Second Density (R2) Zone, on lands described as Part of Lot 5, Registered Plan 195 and fronting onto John Street, the following provisions shall apply:

• front yard - Minimum 5.0 metres
• rear yard - Minimum 1.8 metres

(75 John Street)

Special Provision 24.53

Notwithstanding the provisions of the Neighbourhood Commercial (C2) Zone, on lands described as Part of Lots 1 & 2, Block 4, Registered Plan 212, the following provisions shall apply:

• lot area - Minimum 800 square metres
• lot frontage - Minimum 20.0 metres
• front yard - Minimum 3.3 metres

(4 Clara Street)

Special Provision 24.55

Notwithstanding the provisions of Section 5.8, Fences in By-law 22-90, the following provision shall apply to lands described as Part Lots 2 & 3, Block 7, Plan 216:

1. Maximum Fence Height (rear and side yard) - 2.45 metres

By-law 37-1990 (60 William Street)

Special Provision 24.56

Notwithstanding Section 5.17(4)(a), (b), and (e)(i), on the lands described as Lot 16, Block 9, Registered Plan 138, the ingress and egress ramps may be a maximum width of 10 metres and there may be up to two ramps separated by at least 6.2 metres.

By-law 95-2003 (268 Broadway)

Special Provision 24.57

Notwithstanding the provisions of the Neighbourhood Commercial (C2) zone, on lands described as Part of Lot 1, Concession 1, W.H.S., the following provisions shall apply:

1. The following uses shall only be permitted:
• a dwelling unit or units on upper floors
• a business or professional office
• a medical clinic
• a dry cleaning or laundry establishment
• a financial establishment
• an office
• a parking area
• a personal service shop
• a recreational establishment
• a restaurant
• a retail store
• a service establishment
2. Minimum Interior Side Yard - 3.0 metres

By-law 78-1990; By-law 95-2003 (170, 200 Lakeview Court)

Special Provision 24.58

Special Provision 24.60

Notwithstanding the provisions of the Multiple Residential Medium Density (RM1) zone, on lands described as, all of Lots 1 & 2 and Part of Lots 11 & 12, Block 12, Plan 201, the following provisions shall apply to multiple dwellings:

1. Minimum lot area 470 square metres
2. Minimum lot frontage 19.0 metres
3. Minimum front yard 4.0 metres
4. Minimum interior side yard 1.85 metres
5. Minimum rear yard 8.1 metres
6. All other appropriate provisions of By-law 22-90 shall apply.

By-law 35-1991 (50 Third Street)

Special Provision 24.61

Notwithstanding the provisions of the Residential Third Density (R3) Zone and Residential Third Density Holding R3(H) Zone on lands described as Lots 14 to 38, inclusive, Registered Plan 314, the following provision shall apply to linked dwellings:

1. Minimum interior side yard 1.0 metres

By-law 11-1991 (Adams Court)

Special Provision 24.62

Notwithstanding the provisions of the Residential Second Density (R2) zone, the following shall apply to lands at the corner of Church and William Streets, having frontage onto William Street and described as, Part of Lots 8 & 9, Block 5, Plan 216, the following provisions shall apply:

1. A Minimum lot area of 384 square metres shall be required.
2. A Minimum front yard of 3.54 metres shall be required.
3. A Minimum exterior side yard of 1.05 metres shall be required.
4. All other applicable regulations of By-law 22-90 shall apply.

By-law 43-1991 (39 Church Street)

Special Provision 24.63

Notwithstanding the provisions of the Residential Second Density (R2) zone, the following shall apply to lands having frontage onto William Street and described as, Part of Lot 8, Block 5, Plan 216, the following provisions shall apply:

1. A Minimum lot area of 307 square metres shall be required.
2. All other applicable regulations of By-law 22-90 shall apply.

By-law 43-1991 (2 William Street)

Special Provision 24.66

Notwithstanding Section 15.2(3), 15.2(5) and 15.2(6) hereof, the following shall apply to the lands described as Lot 29 and Part of Lot 30, Registered Plan 219:

• front yard (minimum): 0 metres
• interior side yard (minimum): 0 metres
• rear yard (minimum): 0 metres

By-law 95-2003 (47A Town Line)

Special Provision 24.67

Notwithstanding the provisions of Sections 5.17 and 5.16 of By-law 22-90, as amended, the following provisions shall apply to the subject lands:

1. Permitted Uses

All uses permitted in the C3 zone, except a kennel, a billiards parlour, a pool hall, an amusement arcade, a restaurant, a variety store and a video film outlet.

Outdoor storage including a vehicle storage facility is also permitted but only in the rear yard.

2. Other front yard Restrictions

   Automotive repair activities and the outdoor storage of derelict vehicles, automotive parts and equipment are prohibited in the front yard.

   The outdoor display of goods and merchandise in the front yard, except for up to five vehicles for sale or hire, is prohibited.

3. Minimum front yard

Existing buildings Only: 6.5 metres

4. Minimum interior side yard

Existing buildings Only: 0 metres

5. Minimum rear yard - 22 Green Street

Existing buildings located on Parts of Lots 31 and 32, Registered Plan 219 (22 Green Street) only: 0 metres

6. Maximum Lot Coverage - 22 Green Street

Existing buildings located on Parts of Lots 31 and 32, Registered Plan 219 (22 Green Street) only: 70%

7. Commercial and Automotive Floor Area - 22 Green Street

The maximum floor area devoted to commercial uses and automotive uses in the existing building located on Parts of Lots 31 and 32, Registered Plan 219 (22 Green Street) is 298 square metres.

8. Minimum Parking - 22 Green Street

The minimum parking requirement for the existing building on Parts of Lots 31 and 32, Registered Plan 219 (22 Green Street) is 18 parking spaces.

By-law 7-2001 (18 and 22 Green Street)

Special Provision 24.68

The face of a garage that is attached to or integrated into a single detached dwelling may protrude a maximum distance of 2.5 metres beyond one or more of the following:

1. the main front wall of the dwelling;
2. a habitable second floor located above the garage, or
3. a fully-roofed front porch or verandah

Holding symbol

The holding symbol may be removed from the lands zoned R1 S.P. 24.68 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development.

By-law 125-2004 (1-70 Young Court, 540 & 550 County Road 23)

Special Provision 24.69

Notwithstanding Section 7.2(6) hereof, all buildings, structures and paved areas shall be located at least 15 metres from the rear lot line.

By-law 125-2004 (35, 37, 39 Young Court)

Special Provision 24.70

Notwithstanding the provisions of the R3(H) - Residential Third Density Holding Zone, on Lots B, C, D, E, F, G, and H, as shown on attached Schedule "A", the following special provisions shall apply to semi-detached (linked) dwellings:

1. interior side yard (minimum) - on one side of dwelling 2.0 metres
2. interior side yard (minimum) - on other side of dwelling 0 metres

Schedule “A” to 24.70 and 24.71

By-law 57-1992 (62-74 Amelia Street)

Special Provision 24.71

Notwithstanding the provisions of the R3(H) - Residential Third Density Holding Zone, on Lot A, as shown on attached Schedule "A", the following special provisions shall apply to semi-detached (linked) dwellings:

1. interior side yard (minimum) - on one side of dwelling 1.2 metres
2. interior side yard (minimum) - on other side of dwelling 0 metres

Schedule “A” to 24.70 and 24.71

By-law 57-1992 (60 Amelia Street)

Special Provision 24.72

Notwithstanding the provisions of the Residential Second Density (R2) Zone on lands described as Lots 22-25 inclusive and 28-37 inclusive, on Schedule "A" attached, the following provision shall apply:

1. All buildings and structures, including swimming pools, must be a minimum of 7.5 metres from the approved Environmentally Sensitive Area (E.S.A.) line, as outlined on Schedule "A" attached.

Schedule "A"

By-law 47-1993 (47-63 Eastview Crescent; 9-15 Patterson Court)

Special Provision 24.73

Notwithstanding the provisions of the Neighbourhood Commercial (C2) Zone and Neighbourhood Commercial Floodplain (C2(F)) Zone, permitted uses for the property described as Part of Blocks A & F, and all of Block L, Plan 116, Town of Orangeville, shall also include a motor vehicle sales and service establishment.

By-law 77-1992 (328 Broadway)

Special Provision 24.74

Notwithstanding the provisions of the Residential Fifth Density (R5) Zone on lands described as Part of Lot 30, Concession 1, E.H.S., the following special provision shall apply to row house dwellings:

1. (a) interior side yard (minimum) 1.5 metres
2. (b) exterior side yard (minimum) 3.0 metres

By-law 13-1993 (110-180, 113-173 Howard Crescent)

Special Provision 24.76

Notwithstanding the provisions of the Residential Fourth Density (R4(H)) Zone for the dwellings on Parcels A, B, C, D, E, F, G, H and I, as shown on attached Schedule "A", the maximum number of units shall be 9 (nine).

Notwithstanding the provisions of the Residential Fourth Density (R4(H)) Zone for semi-detached (linked) dwellings on Parcels A, B, C, D, E, F, H and I, as shown on attached Schedule "A", the following special provisions shall apply to semi-detached (linked) dwellings:

1. lot area (minimum) - 222.0 square metres
2. front yard Setback (minimum)
1. for Parcel A - 3 metres
2. for Parcels B, C, E, F, H, I - 0 metres
3. for Parcel D - 2.5 metres
3. 3) side yard Setback (minimum)
• for Parcel A - 0.50 metres (North Side), 1.86 metres (South Side)

Notwithstanding the provisions of the Residential Fourth Density (R4(H)) Zone for single detached dwelling on Parcel G, as shown on attached Schedule "A", the following special provisions shall apply:

1. lot area (minimum) - 294.0 square metres
2. lot frontage (minimum)
1. Corner Lot - 12.0 metres
3. front yard Setback (minimum) - 5.0 metres

Notwithstanding the provisions of the Residential Fifth Density (R5(H)) Zone and Residential Fifth Density (R5(F)(H)) Zone, as shown on attached Schedule "A", the maximum number of units shall be thirty-one (31).

Notwithstanding the provisions of the Residential Fifth Density (R5(H)) Zone, the following definition shall apply to a row house dwelling:

Dwelling, Row House means a free standing building containing three or more dwelling units which may be divided vertically or horizontally with each unit having at least two independent entrances.

Notwithstanding the provisions of the Residential Fifth Density (R5(H)) Zone and Residential Fifth Density (R5(F)(H)) Zone, as shown on attached Schedule "A", the following special provisions shall apply:

1. lot frontage (minimum)
• public street - 7.0 metres
2. interior side yard (minimum)
• adjacent to Lots A, B, C, D, and Part of Lot E, as shown on Schedule "B" - 3.8 metres
3. Unit Area (minimum) - 90 square metres

Notwithstanding the provisions of the Residential Fifth Density (R5(H)) Zone and the Residential Fifth Density (R5(F)(H)) Zone, the stormwater management facility cannot be altered in any way without the prior written approval of the Town of Orangeville and the Credit Valley Conservation Authority

Schedule "A"

Schedule "B"

O.M.B. Order dated August 15, 1994, File No. Z920181 (1, 3, 5 Spring Street; 19A, 19B, 19C, 21A, 21B, 21C, 21D Amanda Street

Special Provision 24.77

Notwithstanding the provisions of the Residential Fourth Density (R4(H)) Zone for the dwellings on Parcels A, B, C, D, E, F, G, H and I, as shown on attached Schedule "A", the maximum number of units shall be 9 (nine).

Notwithstanding the provisions of the Residential Fourth Density (R4(H)) Zone for semi-detached (linked) dwellings on Parcels A, B, C, D, E, F, H and I, as shown on attached Schedule "A", the following special provisions shall apply to semi-detached (linked) dwellings:

1. lot area (minimum) - 222.0 square metres
2. front yard Setback (minimum)
1. for Parcel A - 3 metres
2. for Parcels B, C, E, F, H, I - 0 metres
3. for Parcel D - 2.5 metres
3. 3) side yard Setback (minimum)
• for Parcel A - 0.50 metres (North Side), 1.86 metres (South Side)

Notwithstanding the provisions of the Residential Fourth Density (R4(H)) Zone for single detached dwelling on Parcel G, as shown on attached Schedule "A", the following special provisions shall apply:

1. lot area (minimum) - 294.0 square metres
2. lot frontage (minimum)
1. Corner Lot - 12.0 metres
3. front yard Setback (minimum) - 5.0 metres

Notwithstanding the provisions of the Residential Fifth Density (R5(H)) Zone and Residential Fifth Density (R5(F)(H)) Zone, as shown on attached Schedule "A", the maximum number of units shall be thirty-one (31).

Notwithstanding the provisions of the Residential Fifth Density (R5(H)) Zone, the following definition shall apply to a row house dwelling:

Dwelling, Row House means a free standing building containing three or more dwelling units which may be divided vertically or horizontally with each unit having at least two independent entrances.

Notwithstanding the provisions of the Residential Fifth Density (R5(H)) Zone and Residential Fifth Density (R5(F)(H)) Zone, as shown on attached Schedule "A", the following special provisions shall apply:

1. lot frontage (minimum)
• public street - 7.0 metres
2. interior side yard (minimum)
• adjacent to Lots A, B, C, D, and Part of Lot E, as shown on Schedule "B" - 3.8 metres
3. Unit Area (minimum) - 90 square metres

Notwithstanding the provisions of the Residential Fifth Density (R5(H)) Zone and the Residential Fifth Density (R5(F)(H)) Zone, the stormwater management facility cannot be altered in any way without the prior written approval of the Town of Orangeville and the Credit Valley Conservation Authority

Schedule "A"

Schedule "B"

O.M.B. Order dated August 15, 1994, File No. Z920181 (1, 3, 5 Spring Street; 19A, 19B, 19C, 21A, 21B, 21C, 21D Amanda Street

Special Provision 24.78

Notwithstanding the provisions of Section 14.2 (6) and (8) the following provisions shall apply to the lands zoned "Central Business District (CBD) S.P. 24.78 Zone".

• rear yard (minimum) - nil
• Coverage (maximum) - 100%

Further, notwithstanding the provisions of Section 5.12, no loading space shall be required for the lands zoned "Central Business District (CBD) S.P. 24.78 Zone.

By-law 55-1994; By-law 43-1999; By-law 95-2003 (190, 210 Broadway)

Special Provision 24.79

Notwithstanding Section 11C.2(9) hereof, a garage may only be constructed as part of the main building and with the access door(s) facing the rear lot line. A garage or carport is not permitted as an accessory building. A driveway may be located in the rear yard only, and the maximum driveway width is 2.7 metres.

Notwithstanding Section 11C.2(3) hereof, the minimum front yard is 5.0 metres.

By-law 95-2003 (1-177, 130-174 Montgomery Boulevard)

Special Provision 24.80

Notwithstanding the provisions of Section 15.2(7) hereof, the maximum building height is 23 metres.

By-law 95-2003 (Broadway; Centre Street; Hillside Drive; Dawson Road)

Special Provision 24.81

Notwithstanding Sections 13A.2(3), 13A.2(4) and 13A.2(5) hereof, no additions to the existing main building on either lot may be constructed in the established front yard, the established interior side yard or, where applicable, the established exterior side yard.

Notwithstanding Sections 13A.2(3), 13A.2(4) and 13A.2(5) hereof, in the event that the existing building on one of the lots is completely destroyed by fire or demolished, a new main building may be constructed but only in accordance with the established front yard, established interior side yard or, where applicable, the established exterior side yard, of the existing building on the same lot.

Notwithstanding the foregoing, nothing in this by-law shall prevent a new main building from being constructed on either lot, in accordance with Section 13A.2 hereof, in the event that both existing buildings are completely destroyed by fire or demolished.

By-law 95-2003 (237, 239 Broadway)

Special Provision 24.82

Notwithstanding the provisions of the General Commercial (C1) Zone, the following provisions shall apply to the lands shown on Schedule "A" hereto as C1(H) S.P. 24.82.

1. The following definitions shall apply only to the lands that are subject to Section 24.82:
• BEER STORE means a retail establishment primarily devoted to the sale of beer, but shall not include an establishment where beer or wine-making supplies are sold, beer is brewed, or related services are provided.
• BUILDING SUPPLY/HOME IMPROVEMENT ESTABLISHMENT means a retail establishment devoted principally to the sale or rental of materials, products, tools and equipment used in construction, furnishing and decorating, and may include the sale of appliances and a garden centre but excludes an automotive use.
• FAST FOOD OUTLET means a restaurant where table service is not provided 2024.
• GOVERNMENT OFFICE means any office in which local or other government administration is carried out.
• FLOOR AREA, GROSS means the total area of all of the floors in a building above or below grade, measured from the outside of the exterior walls but excluding car parking areas, loading areas and storage areas within the building.
• LIQUOR STORE means a self-contained store primarily for the sale of wine and spirits for home consumption, and shall include both private and government-operated outlets.
• SHOPPING CENTRE means a group of commercial establishments designed, developed and managed as a unit.
• SPECIALTY FOOD STORE means a store specializing in a specific type or class of food items such as a bakery, butcher, delicatessen, fish or seafood store or gourmet food outlet, but shall not include a candy shop, an ice cream shop or a frozen food store.
2. Permitted uses shall comprise a shopping centre within which may be located the following:
1. a building supply / home improvement establishment;
2. an office supply establishment;
3. the following service commercial and office uses:
1. a financial establishment
2. the following eating establishments:
• a fast food outlet
• a restaurant
• a tavern
3. the following office uses:
• a business or professional office
• an office
• a real estate office
4. the following specified personal services:
• a dry cleaning or laundry establishment;
• a hair care establishment
• a photofinishing business
• a shoe repair shop
• a video film outlet
5. the following other service commercial uses:
• an amusement arcade
• a caterer's establishment
• a cinema
• a hotel or motel
• a medical centre
• a personal service shop
• a recreational establishment
• a service establishment
4. the following other retail commercial uses:
• an art gallery
• an art or photographic studio
• an automotive parts store
• a gas bar
• a retail store
• a variety store
• a wholesale establishment
5. the following additional uses:
• a parking area
• a stormwater management facility
6. uses accessory to those permitted uses listed above.
3. Notwithstanding subsection 2) hereof, the following uses are not permitted on the lands that are subject to Section 24.82:
• a beer store;
• a government office;
• a liquor store;
• a specialty food store.
4. The permitted uses listed in subsection 2) above are subject to the gross floor area restrictions contained in the "Table of Floor Space Restrictions - Section 24.82 Lands" and accompanying Notes.

Table of Floor Space Restrictions – Section 24.82 Lands

Use / Category	Minimum Gross Floor Area	Minimum Gross Floor Area
a) Building Supply/Home Improvement Establishment	465 square metres	12,080 square metres

Table Notes

1. There shall be a maximum of two financial establishments on the lands that are subject to Sections 24.82 and 24.83 hereof.
2. The Maximum Gross Floor Area permitted for the uses subject to Section 24.82 shall be 19,855 square metres.
3.   For any use listed in 2 (c) and (d) hereof which has an independent gross floor area of 232 square metres or less, the total gross floor area of all such uses combined shall not cumulatively exceed 5% of the total gross floor area of all buildings on the lands that are subject to Sections 24.82 and 24.83 hereof.

By-law 2024-008



5. The Holding Symbol that is applicable to a portion or portions of the lands that are subject to Section 24.82 shall be removed when Council is satisfied that the following requirements have been met:
1. that a site plan has been submitted and approved for the development for which there is an application to remove the Holding Symbol;
2. with respect to any development of the lands that are subject to Section 24.82, that would result in the aggregate size of the development on the lands exceeding 465 square metres of gross floor area, that adequate transportation capacity is available or will be available to accommodate the proposed uses in the development or portion thereof for which an application is made to remove the Holding Symbol; and,
3. that there is sufficient water supply and sewage treatment capacity to service the development.
6. Until the Holding Symbol is removed from the lands that are subject to Section 24.82 hereof, or a portion thereof, the uses permitted on the lands that are subject to Section 24.82 hereof shall be restricted to those uses existing as of December 10, 2001.
7. Notwithstanding the provisions of the General Commercial (C1) Zone, the location of the buildings on the lands subject to Section 24.82 hereof shall be governed by the following restrictions: 
1. minimum building setback from the lot line adjoining Fourth Avenue shall be 6 metres;
2. minimum building setback from the lot line adjoining Third Street shall be 25 metres;
3. minimum building setback from the lot line adjoining Highway 10 shall be 13.7 metres;
4. there shall be no setback requirement from the northerly lot line abutting the lands that are subject to Section 24.83 hereof.
8. A landscaped strip with a minimum width of fifteen metres shall be provided along the east side of Third Street, as existing on December 10, 2001, and, in addition, the yard between Third Street, as existing on December 10, 2001, and any building, or portion thereof, that is within 30 metres of Third Street, as existing on December 10, 2001, shall be landscaped, except for a service road and/or fire route.
9. Notwithstanding any other provision of By-law 22-90, as amended, to the contrary, the lands subject to Section 24.82 hereof shall be treated as one single lot or parcel of land for zoning purposes.

Notwithstanding the provisions of the Open Space - Conservation (OS2) Zone, the following provisions shall also apply to the lands shown on Schedule “A” hereto as OS2 S.P. 24.82:

In addition to the uses permitted under Section 21.1 hereto, the following uses shall be permitted on the lands zoned OS2 S.P. 24.82, in conjunction with the uses permitted on the adjoining General Commercial (C1) lands:

1. a loading area;
2. a driveway or drive aisle.

By-law 132-2001 (49, 53, 55, 65, 75 Fourth Avenue)

Special Provision 24.83

Notwithstanding the provisions of the General Commercial (C1) Zone, and the Open Space Recreation (OS1) Zone, the following provisions shall apply to the lands shown on Schedule “A” as C1 S.P. 24.83 and C1(H) S.P. 24.83, referred to herein as “the Section 24.83 Commercial lands” and, OS1 S.P. 24.83.

1. The following definitions shall apply only to the lands affected by this By-law
• "BEER STORE" means a retail establishment primarily devoted to the sale of beer, but shall not include an establishment where beer or wine-making supplies are sold, beer is brewed, or related services are provided.
• "FAST FOOD OUTLET" means a restaurant where table service is not provided.
• "FLOOR AREA, GROSS" means the total area of all of the floors in a building above or below grade, measured from the outside of the exterior walls but excluding car parking areas, loading areas and storage areas within the building.
• "GOVERNMENT OFFICE" means any office in which local or other government administration is carried out.
• "HOME AND AUTOMOTIVE SUPPLY STORE" means a store primarily engaged in retailing home and automotive supplies, including but not limited to tires, batteries, parts and accessories for motor vehicles, garden supplies, hardware and small household items,  building supplies,  recreational and entertainment equipment. For the sake of clarity, such a store may also include a public garage mechanical, a propane-dispensing facility and a car and truck rental kiosk.
• "LIQUOR STORE" means a self-contained store primarily for the sale of wine and spirits for home consumption, and shall include both private and government-operated outlets.
• "MASS GENERAL MERCHANDISE STORE" means a store engaged in general merchandising of a wide range of commodities and services which may include but is not limited to apparel, hardware and household goods, garden supplies, leisure, pet and drug items, toys, and may also include a restaurant and public garage mechanical. For the sake of clarity, a mass general merchandise store shall include a department store, and shall have a minimum gross leasable floor area of 2,325 m² (25,000 ft²).
• "SHOPPING CENTRE" means a group of commercial establishments designed, developed and managed as a unit, and which shall include one or more of a mass general merchandise store or a home and automotive supply store.
• "SPECIALTY FOOD STORE" means a store specializing in a specific type or class of food items such as a bakery, butcher, delicatessen, fish or seafood store or gourmet food outlet, but shall not include a candy shop, an ice cream shop or a frozen food store.
• "SUPERMARKET" means a store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos.
2. The uses permitted on the Section 24.83 Commercial lands shall comprise a shopping centre within which may be located the following:
1. a mass general merchandise store
2. a home and automotive supply store
3. the following service commercial and office uses:
1. a financial establishment
2. the following eating establishments:
• a fast food outlet
• a restaurant
• a tavern
3. the following office uses:
• a business or professional office
• an office
• a real estate office
4. the following specified personal services:
• a dry cleaning or laundry establishment;
• a hair care establishment
• a photofinishing business
• a shoe repair shop
• a video film outlet
5. the following other service commercial uses:
• an amusement arcade
• a caterer's establishment
• a cinema
• a hotel or motel
• a medical centre
• a personal service shop
• a recreational establishment
• a service establishment
4. the following other retail commercial uses:
• an art gallery
• an art or photographic studio
• an automotive parts store
• a gas bar
• a retail store
• a variety store
• a wholesale establishment
5. the following additional uses:
• a parking area
• a stormwater management facility
• a supermarket
6. uses accessory to those permitted uses listed above.
3. Notwithstanding subsection 2) hereof, the following uses are not permitted on the subject lands:
• a beer store;
• a government office;
• a liquor store;
• a specialty food store.
4. The permitted uses listed in subsection 2) above are subject to the gross floor area restrictions contained in the “Table of Floor Space Restrictions – Section 24.83 Commercial lands” and accompanying Notes.

Table of Floor Space Restrictions – Section 24.83 Lands

Use / Category	Minimum Gross Floor Area	Minimum Gross Floor Area
a) Mass General Merchandise Store	Not applicable	9,855 square metres
b) Home and Automotive Supply Store	Not applicable	9,365 square metres
c) Service Commercial and Office
i) financial establishments1	Not applicable	1,095 square metres
ii) eating establishments2	See Note 2	no specific limit
iii) offices	Not applicable	930 square metres
iv) specified personal services3	Not applicable	695 square metres
v) other service commercial4	See Note 4	no specific limit
Total of (i) to (v) inclusive		7,900 square metres
d) Other Retail Commercial5	Not applicable	10,319 square metres

Table Notes

1. There shall be a maximum of two financial establishments on the Section 24.83 Commercial lands and the lands that are subject to Section 24.82 hereof.
2. “Eating Establishments” are those uses listed in subsection 2) c) ii) hereof. No more than  4 eating establishments, other than a fast food outlet, may have a gross floor area of less than 465 square metres.
3. “Specified Personal Services” are those uses listed in subsection 2) c) iv) hereof.
4. “Other Service Commercial” uses are those uses listed in subsection 2) c) v) hereof. No more than 5 units devoted to such uses may have a gross floor area of less than 232 square metres.
5. “Other Retail Commercial” uses are those uses listed in subsection 2) d) hereof. The following restrictions apply in the aggregate to the Section 24.83 Commercial lands and the lands that are subject to Section 24.82 hereof:
1. a maximum of 5 units may have a gross floor area of less than 465 square metres;
2. a maximum of 2 of the 5 units noted in subsection (a) may have a gross floor area of less than 232 square metres.
3. a minimum of 1 (one) retail store shall have a minimum gross floor area of 1,394 square metres.
6. Notwithstanding the maximum gross floor area restrictions set out by permitted use category in the Table, the total aggregate gross floor area for the site shall not exceed 39,115 square metres. While the maximum permitted floor areas of the individual use categories, when combined, may exceed 39,115 square metres, the total aggregate constructed floor area of the Section 24.83 commercial lands shall not.
5. 5) The Holding Symbol that is applicable to a portion or portions of the Section 24.83 Commercial lands shall be removed when Council is satisfied that the following requirements have been met:
1. that a site plan has been submitted and approved for the development for which there is an application to remove the Holding Symbol;
2. with respect to any development of the Section 24.83 Commercial lands that would result in the aggregate size of the development on the subject lands exceeding 35,100 square metres of gross floor area, that adequate transportation capacity is available or will be available to accommodate the proposed uses in the development or portion thereof for which an application is made to remove the Holding Symbol; and,
3. that there is sufficient water supply and sewage treatment capacity to service the development.
6. Until the Holding Symbol is removed from the Section 24.83 Commercial lands or a portion thereof, the uses permitted on that portion of the Section 24.83 Commercial lands shall be restricted to those uses existing as of December 10, 2001.
7. Notwithstanding the provisions of the General Commercial (C1) Zone, the location of buildings on the subject lands shall be governed by the following requirements:
1. minimum building setback from the lot line adjoining Fifth Avenue shall be 6 metres, except where the abutting zone is Residential, in which case the  minimum building setback shall be 12 metres from the lot line adjoining Fifth Avenue.
2. minimum building setback from the lot line adjoining Highway 10 & 24 shall be 15 metres.
3. minimum building setback from the lot line adjoining First Street shall be 6 metres.
4. minimum building setback from the southerly lot line abutting the lands subject to Section 24.82 hereof shall be 0 (zero) metres.
5. minimum building setback from all other lot lines shall be 8 metres, or 0.4 metres from the limits of an adjacent Open Space-Conservation (OS2) Zone, whichever is the lesser.
8. Nothing in By-law 22-90 as amended shall preclude the construction or use of an access driveway to serve the subject lands from the extension of Hansen Boulevard east of First Street. Such access driveway shall intersect Hansen Boulevard at a point between 82 metres and 161 metres east of the centreline of First Street, as measured along the centreline of the Hansen Boulevard extension.
9. Notwithstanding any other provision of By-law 22-90 as amended to the contrary, the lands subject to these special provisions shall be treated as a single lot for zoning purposes.
10. Notwithstanding the provisions of Section 5.17 of By-law 22-90, as amended, the minimum parking requirement for the existing curling arena shall be 71 parking spaces, to be provided within the area zoned OS1 and on adjoining lands zoned C1.
11. Notwithstanding the provisions of the Open Space Recreation (OS1) Zone, the minimum front yard of the existing curling arena is 3 metres.
12. Notwithstanding the provisions of Section 5.17(2) and Section 24.83(9) hereof, the parking spaces required for that portion of the Section 24.83 Commercial lands that lies south of Fifth Avenue shall be provided in a parking area located on the portion of the Section 24.83 Commercial lands that lies south of Fifth Avenue or on the lands that are subject to Section 24.82 hereof.

By-law 58-1996; By-law 59-1996; By-law 5-1998; By-law 131-2001; By-law 4-2012 (95-99 First Street; 76, 85, 100, 111, 115 Fifth Avenue)

Special Provision 24.84

Notwithstanding the provisions of Section 11B.3(2) hereof (Regulations for Single Detached Dwellings), the minimum lot frontage for an interior lot is 9.1 metres.

By-law 42-2000

Notwithstanding the provisions of Section 11B.4, Regulations for semi-detached dwellings in the Residential Sixth Density (R6) Zone, the following shall apply:

By-law 11-1995 (302-358, 331-479, 420-476 Jay Crescent; 222-250, 223-251, 301-331, 302-332 Howard Crescent; 301-389, 302-388 Marshall Crescent; 301-357, 302-358 Perry Road)

Special Provision 24.85

Notwithstanding the provisions of the Open Space Conservation (OS2) Zone applied to the lands described as Part of Lots 3, 5, 6 and 8 of Registered Plan 251, Town of Orangeville, an automobile parking area used in conjunction with the adjacent commercial development to the south shall be permitted.

Notwithstanding the provisions of the Neighbourhood Commercial (C2) Zone, applied to the lands described as Part of Lots 5, 6 and 8, Registered Plan 251, a supermarket is a permitted use provided the aggregate floor area devoted to supermarkets does not exceed 750 square metres.

For the purpose of this section, a supermarket means a store in which various kinds of foodstuffs are kept and offered for retail sale including fresh, frozen, prepared and preserved groceries, meats, poultry, fish, fruit, beverages, garden produce, dairy produce and bakery products. In addition, within a supermarket, goods and merchandise such as, but not limited to, hardware, patent medicines, toilet preparation products, personal hygiene products, household supplies, wine, photofinishing products and magazines may be kept and offered for sale as an accessory use. A supermarket does not mean a caterer's establishment, a variety store, a convenience store, a health food store, a drug store or pharmacy, a photofinishing business, a garden centre, a hardware store, a video film outlet or a liquor store.

By-law 34-1995 (163 First Street)

Special Provision 24.86

Notwithstanding Section 5 (General Provisions) and Section 10 Residential Fourth Density (R4) Zone the following provisions shall apply to the lands shown as R4(H) S.P. 24.86

1. Setback from the OS2 Zone: All buildings and structures, including swimming pools and tennis courts, but excluding fences and unexcavated decks, shall be set back a minimum distance of five metres from any lot line that is the boundary of the Open Space - Conservation (OS2) Zone. All unexcavated decks shall be set back a minimum distance of four metres from any lot line that is the boundary of the Open Space - Conservation (OS2) Zone.
2. front lot lone: The front lot lone shall be deemed to be the lot line located adjacent to a street and opposite the Amelia Street lot line.
3. front yard (minimum): 4 metres for any building other than a garage which shall be a minimum of 6 metres.
4. rear yard (minimum): 5 metres for all buildings and accessory buildings.
5. Garage Side yards: interior side yard may be nil for the distance of the length of an attached garage at the rear of the dwelling. exterior side yard shall be a minimum of 3 metres for the distance of the length of an attached garage at the rear of the dwelling. Living area may be provided over the attached garage provided the living area is situated wholly within the roof, except for dormers. Dormers shall not be permitted on the side of the attached garage that is setback less than 1.5 metres from a side lot line.
6. lot coverage (maximum): 50%
7. Garages: A detached garage is not permitted in the rear yard. All garages must be attached to or integrated into the dwelling.

By-law 58-1995; By-law 125-1999 (7-19 Woodvale Court)

Special Provision 24.87

Notwithstanding the provisions of Section 5 (General Provisions) and Section 10 (Residential Fourth Density (R4) Zone), the following provisions shall apply to the lands shown as R4(H) S.P. 24.87:

1. Setback from the OS2 Zone All buildings and structures, including swimming pools and tennis courts but excluding fences and unexcavated decks, shall be set back a minimum distance of 5 metres from any lot line that is the boundary of the Open Space - Conservation (OS2) Zone. All unexcavated decks shall be set back a minimum distance of four metres from any lot line that is the boundary of the Open Space - Conservation (OS2) Zone.
2. front yard (minimum) 4.0 metres for any building other than a garage which shall be a minimum of 6 metres
3. lot coverage (maximum) 45%
4. rear yard (minimum) 4.5 metres

By-law 58-1995; By-law 42-2000 (4-28, 21-47 Woodvale Court)

Special Provision 24.90

Notwithstanding the provisions of Sections 8.2(2), 8.2(3), 8.2(5) and 8.2(8) (R2 Regulations), the following regulations shall apply to the lands zoned Residential Second Density (R2)(H) Zone Special Provision 24.90 Holding Zone as shown on Schedule "A":

Notwithstanding Subsection 5.17 (Parking Area Regulations), a minimum of 2 indoor parking spaces shall be provided on each lot. Where a 2-car garage is constructed, a minimum of 4 outdoor parking spaces shall be provided in the area between the garage face and the inner edge of the public sidewalk. Where a 3-car garage is constructed, a minimum of 3 outdoor parking spaces shall be provided on each lot.

Notwithstanding the minimum required rear yard, the minimum setback from the MTO Right-of-Way of Highway No. 9 to any building or structure on any lot that abuts said Right-of-Way shall be 13.7 metres.

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Notwithstanding the minimum required exterior side yard, the minimum exterior side yard for the lots on the southeast and southwest corners of Oak Ridge Drive and Buena Vista Drive shall be 6.5 metres.

By-law 63-2000; By-law 119-2003 (17-77 Buena Vista Drive; 118 & 119 Oak Ridge Drive; 25, 27 &, 28 Clarke Avenue; 70 & 77 McMaster Road)

Special Provision 24.91

Notwithstanding the provisions of Section 10.2(2), 10.2(3), 10.2(4), 10.2(5) and 10.2(8) (R4 Regulations), the following regulations shall apply to the lands zoned Residential Fourth Density (R4)(H) Zone Special Provision 24.91 Holding Zone as shown on Schedule "A":

Notwithstanding Subsection 5.17 (Parking Area Regulations), a minimum of 2 outdoor parking spaces shall be provided on each lot.

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard; and,
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard.
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

For dwelling units with between 125m² and 170m² of floor area, the front foundation wall of a fully roofed porch or verandah may be considered the "front wall" of the dwelling provided that said porch or verandah extends across the entire front face of the dwelling, not including the garage. For dwelling units with less than 125m² of floor area, the front foundation wall of a fully roofed porch or verandah may be considered the "front wall" of the dwelling unit provided that said porch or verandah extends across 47% of the front face of the dwelling unit, not including the garage.

By-law 63-2000; By-law 119-2003 (25-35, 97-109, 117, 108-116 Oak Ridge Drive; 20-26, 23-35 Graham Crescent; 4-26, 5-23 Clarke Avenue; 2-22, 3-11 McMaster Road)

Special Provision 24.92

Notwithstanding the provisions of Sections 10.2(1), 10.2(2), 10.2(3), 10.2(4), 10.2(5) and 10.2(8) (R4 Regulations), the following regulations shall apply to the lands zoned Residential Fourth Density (R4)(H) Zone Special Provision 24.92 Holding Zone as shown on Schedule "A":

Notwithstanding Subsection 5.17 (Parking Area Regulations) a minimum of 2 outdoor parking spaces shall be provided on each lot.

Notwithstanding the minimum required rear yard, the minimum setback from the MTO Right-of-Way of Highway No. 9 to any building or structure on any lot that abuts said Right-of-Way shall be 13.7 metres.

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard; and,
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard.
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

For dwelling units with between 125m² and 170m² of floor area, the front foundation wall of a fully roofed porch or verandah may be considered the "front wall" of the dwelling provided that said porch or verandah extends across the entire front face of the dwelling, not including the garage. For dwelling units with less than 125m² of floor area, the front foundation wall of a fully roofed porch or verandah may be considered the "front wall" of the dwelling unit provided that said porch or verandah extends across 47% of the front face of the dwelling unit, not including the garage.

By-law 63-2000; By-law 119-2003 (60-106, 79-95, 115 Oak Ridge Drive; 2-18, 3-21 Graham Crescent; 2,3 Clarke Avenue; 24-64, 23-75 McMaster Road)

Special Provision 24.93

Holding Symbol

The Holding (H) symbol shall only be removed from the lands zoned “Neighbourhood Commercial (C2)(H) Special Provision 24.93 Zone as shown on Schedule “A”, when the Town is satisfied that there is sufficient water supply to service the development.

Notwithstanding Sections 15.2(4), 15.2(5) and 15.2(6) hereof, the following regulations shall apply:

1. The minimum exterior side yard is 13.7 metres, and all buildings and structures shall be set back a distance of at least 13.7 metres from the Highway 9 lot line.
2. The minimum interior side yard is 1.2 metres.
3. The minimum rear yard for a building not exceeding one storey in height is 4.5 metres.
4. Those portions of the front yard, exterior side yard and rear yard that are within three metres of Highway 9 or Oak Ridge Drive shall be landscaped, except for driveway entrance areas.

By-law 63-2000; By-law 95-2003 (Northeast corner of Highway 9 and Oak Ridge Drive)

Special Provision 24.94

Notwithstanding Section 22.2(6) the minimum setback from the MTO Right-of-Way of Highway No. 9 to any building or structure on the lands zoned Institutional (INST)(H) Special Provision 24.94 Holding Zone shall be 13.7 metres.

Holding Symbol

The Holding Symbol (H) shall only be removed from the lands zoned Institutional (INST)(H) Special Provision 24.94 Holding Zone when the Town is satisfied that there is sufficient water supply to service the development.

By-law 63-2000 (50 Oak Ridge Drive)

Special Provision 24.95

Notwithstanding the provisions of Section 18.2, Regulations for Single-Detached Dwellings and Commercial Uses in the Restricted Commercial/Residential (C5) Zone, the following regulations shall apply to the lands shown as (C5) 24.95:

Notwithstanding the provisions of Section 5.15 (2) b), Parking Area Requirements, a maximum of two parking spaces may be obstructed by other parking spaces.

By-law 43-1996 (34 First Street)

Special Provision 24.97

Notwithstanding the provisions of the M1 Zone, the following additional uses are permitted within the lands described as Parts 7 - 13 inclusive, Reference Plan 7R-3143: an ambulance station, an assembly hall, a club house, a commercial school, a crisis care centre, a nursery school, a place of worship and a private school. The foregoing uses are subject to the regulations applicable in the M1 Zone and are permitted only on a lot that abuts Town Line or C Line.

By-law 109-1996 (690, 695 Riddell Road.; northwest corner of C Line and Town Line)

Special Provision 24.98

Notwithstanding the provisions of By-law 22-90, as amended, the following provisions shall apply to the lands described as Part of the East Half of Lot 31, Concession 1 W.H.S., formerly in the Town of Caledon and now in the Town of Orangeville, more particularly known as Part 1 on Reference Plan 43R-17888:

Definitions

DEPARTMENT STORE means a retail sales establishment with a minimum floor area of 2325 square metres organized into a number of individual departments selling a great variety of merchandise including men's and women's clothing and home furnishings.

FOOD SUPERMARKET means a retail sales establishment in which the floor area is primarily devoted to the sale of edible food products, fresh meat and fresh produce, and which has a floor area of greater than or equal to 1,000 square metres.

GOVERNMENT OFFICE means any office in which local or other government administration is carried out.

Permitted Uses

• an assembly hall or bingo hall, including, for the sake of clarity, a conference centre
• an automotive service station
• a banquet hall
• a building supply outlet
• a business equipment, rental, sales and service establishment
• a car wash, automatic
• a car wash, self-serve
• a recreational establishment
• a commercial school
• a custom workshop
• a hotel or motel
• a nursery school
• a printing or copying establishment
• a private club
• a repair, rental or service establishment
• a restaurant
• a swimming pool sales and service establishment
• an undertaking establishment
• a variety store
• a video film rental establishment
• a veterinary clinic
• a floor covering, a wall covering and/or a lighting sales establishment
• a furniture store
• a major appliance sales establishment
• a pet food and supplies sales establishment
• a business or professional office

Prohibited Uses

• A department store, a food supermarket and a government office are prohibited.

Minimum Unit Size

The minimum unit size of a floor covering, a wall covering and/or a lighting sales establishment, a furniture store, a major appliance sales establishment, and a pet food and supplies sales establishment is 500 square metres.

Maximum Floor Area for Restaurants

The maximum aggregate floor area devoted to restaurants, other than restaurants forming part of a hotel, motel or conference centre, is 500 square metres.

Location of Business and Professional Offices

Business and professional offices may be located only on the upper floor(s) of a building containing other permitted uses on the main floor.

Holding Symbol

The Holding (H) symbol shall only be removed from the subject lands when the Town is satisfied that:

1. there is sufficient water supply to serve the development;
2. appropriate arrangements have been made for access from Hurontario Street;
3. the intersection of Highway 10/24 and Buena Vista Drive will operate in a satisfactory manner; and,
4. appropriate arrangements have been made for the construction of a stormwater management pond on the west side of Highway 10/24, or an acceptable alternative.

By-law 10-1997 (5 & 7 Buena Vista Drive; east side of Hwy 10, between Buena Vista Drive and Hwy 9)

Special Provision 24.99

Notwithstanding the provisions of Section 5.15 1)(a) (Parking Space Requirements) and Section 22.1 (Permitted Uses), the following provisions shall apply to the lands described as Part of Lots 8, 9, 21, 22 and 23, Registered Plan 275 and Block B, Registered Plan 126:

1. Required Parking: A crisis care facility shall have the following minimum parking requirements:
1. 1 parking space for each bedroom; and
2. 1 parking space for each 20 square metres of office area.
3. Permitted Uses: a crisis care facility shall be permitted in addition to the uses permitted in Section 22.1.

By-law 111-1996; By-law 95-2003 (20 Bredin Parkway)

Special Provision 24.100

Notwithstanding the provisions of Section 5.2A hereof, there shall be no limitation on the number of amusement devices permitted in the existing bowling alley located on a property described as Parts of Lots 6, 7 and 8, Registered Plan 202, municipally known as 30 Centre Street.

By-law 116-1996 (30 Centre Street)

Special Provision 24.101

Notwithstanding the provisions of Sections 21.1 and 21.1, the following provisions shall apply to the lands shown as OS2 S.P. 101:

1. Permitted Uses: a single detached dwelling
2. Regulations: in accordance with Section 6.2

By-law 42-1997 (235 Veterans Way)

Special Provision 24.102

Notwithstanding the provisions of Section 7.2 (Regulations in the Residential First Density (R1) Zone), the provisions of Section 5.2 (Accessory Buildings and Structures) and the provisions of Section 5.22 (Yard Encroachments) the following regulations shall apply to the lands zoned R1 S.P. 24.102:

By-law 52-1997 (Chapman Road; Redfern Street; Raven Court; Beswick Drive; Morrow Crescent and 200-248, 247, 249 Montgomery Boulevard)

Special Provision 24.103

Notwithstanding the provisions of Section 8.2 (Regulations in the Residential Second Density (R2) Zone), the provisions of Section 5.2 (Accessory Buildings and Structures) and the provisions of Section 5.22 (Yard Encroachments) the following regulations shall apply to the lands zoned R2 S.P. 24.103:

By-law 52-1997 (68-98 Hunter Road; 67 - 109 Hunter Road and 25-55; 36-56 Cameron Court)

Special Provision 24.104

Notwithstanding the provisions of Section 11B.2 and 11B.3 (Regulations in the Residential Sixth Density (R6) Zone) and the provisions of Section 5.22 (Yard Encroachments) the following regulations shall apply to the lands zoned R6 S.P. 24.104:

Sections 5.25 (Residential Garage Protrusions), 5.27 (Residential Garage Openings) and 5.28 (Special Residential Garage Setback and Special Driveway Width) apply to the lots fronting on Bennett Drive, Cameron Court and Benjamin Crescent.

Section 5.26 (Special Front Yard Porch Encroachments) applies in this entire area.

By-law 52-1997; By-law 42-2000 (McKitrick Drive; Appleton Drive; Rose Street; 23-63 Hunter Road; 2-58, 100-110 Hunter Road; Henderson Street; Bishop Court; Fendley Road; Bennett Drive; Cameron Court; Benjamin Crescent; and 255-333, 312-332 Montgomery Boulevard)

Special Provision 24.105

Notwithstanding the provisions of Section 11B.2 (Regulations in the Residential Sixth Density (R6) Zone) and the provisions of Section 5.22 (Yard Encroachments) the following regulations shall apply to the lands zoned R6 S.P. 24.105:

Section 5.26 (Special Front Yard Porch Encroachments) applies in this area.

By-law 52-1997; By-law 42-2000 (2 & 26 Fendley Road)

Special Provision 24.106

Notwithstanding the provisions of Section 12.2 (Regulations in the Multiple Residential Medium Density (RM1) Zone), the provisions of Section 5.2 (Accessory Buildings and Structures) and the provisions Section 5.22 (Yard Encroachments) the following regulations shall apply to the lands zoned RM1 S.P. 24.106:

By-law 52-1997 (Benjamin Crescent)

Special Provision 24.107

Notwithstanding the provisions of Section 18.1 hereof, a commercial school providing primary school education is permitted on the lands described as All of Lots 6 and 7, and Parts of Lots 18 and 19, Block 1, Registered Plan 237.

By-law 53-1997 (293 Broadway)

Special Provision 24.108

Notwithstanding the provisions of Sections 12.1 and 12.2 of this By-law, the following regulations shall apply to the lands described as Lots 10, 11 and 12, Registered Plan 256:

• A row house dwelling with all units facing a public street.
• A home occupation in accordance with Section 5 hereof.

Holding Symbol Removal

The Holding (H) symbol shall only be removed when the Town is satisfied that a there is sufficient water to service the development and a site plan has been approved for the property.

By-law 99-1997 (8 - 12 Sherbourne Street)

Special Provision 24.109

Notwithstanding the provisions of Section 12.2 of this By-law, the following regulations shall apply to the lands described as Lot 5, Registered Plan 256:

• A row house dwelling with all units facing a public street.
• A home occupation in accordance with Section 5 hereof.

By-law 99-1997 (9, 11, 13 Sherbourne Street)

Special Provision 24.110

Notwithstanding the provisions of Sections 11.2(2), 11.2(5), 11.3(2), and 11.3(5) of this by-law, the following shall apply to lands described as Part of Block "H", Registered Plan 110 (Reference Plans 7R-1404 and 7R-1406):

By-law 128-1997 (Karen Court)

Special Provision 24.111

Notwithstanding the provisions of Sections 10.2(5) and 10.3(5) of this by-law, the following shall apply to lands described as Parts 2-10, Reference Plan 7R-3086 (431-445 Scott Drive), Registered Plans 327 and 333, Registered Plan 314, save and except Lots 1-41, 81-96, 217-222 (Scott Drive, Lisa Marie Drive, Michael Drive, Bailey Drive, Lewis Drive, Rebecca Drive, Faith Drive):

By-law 129-1997; By-law 10-2002 (Scott Drive; Lisa Marie Drive; Michael Drive; Bailey Drive; Lewis Drive; Rebecca Drive; Faith Drive)

Special Provision 24.112

Notwithstanding the provisions of Sections 9.2(5), 9.2(8), and 9.2(9) of this by-law, the following shall apply to Lots 5-18, 23-46, 54-70, 151-175, 178-180, 188-194, 196-199, 202, 204-205, Registered Plan 330:

By-law 130-1997 (Pheasant Drive; College Avenue; Meadow Drive; Elaine Drive; Jeffers Court; Fieldgate Drive)

Special Provision 24.113

Notwithstanding the provisions of Sections 9.2(5), 9.2(6), 9.2(8), and 9.2(9) of this by-law, the following shall apply to Lots 47-53, Registered Plan 330:

By-law 130-1997 (Jeffers Court)

Special Provision 24.114

Notwithstanding the provisions of Sections 9.2(2), 9.2(5), 9.2(8), and 9.2(9) of this by-law, the following shall apply to Lot 203, Registered Plan 330:

By-law 130-1997 (21 Meadow Drive)

Special Provision 24.115

Notwithstanding the provisions of Sections 10.2(5) and 10.2(9) of this by-law, the following shall apply to Lots 1-4, 19-22, 71-135, 142-150, 182-187, 195, 200-201, Registered Plan 330:

By-law 130-1997 (24, 28 Meadow Drive; 441-453, 494, 527-589, 560-586 College Avenue)

Special Provision 24.116

Notwithstanding the provisions of Sections 10.2(2), 10.2(5), and 10.2(9) of this by-law, the following shall apply to Lots 136-141, 176-177, 181, Registered Plan 330:

By-law 130-1997 (Pheasant Drive; Fieldgate Drive; Courtney Crescent)

Special Provision 24.117

Notwithstanding the provisions of Sections 8.2(2) and 8.2(5) of this by-law, the following shall apply to Lots 14-15, 17-19, 32-34, 46-48, 66-69, 74-77, 79 and 83, Registered Plan 334:

By-law 131-1997 (Elmwood Crescent; Credit Creek Boulevard; Walsh Crescent)

Special Provision 24.118

Notwithstanding the provisions of Section 10.2(5), of this by-law, the following shall apply to Lots 65 and 73, Registered Plan 334:

By-law 131-1997 (218, 252 Elmwood Crescent)

Special Provision 24.119

Notwithstanding the provisions of Sections 18.2(3) and 18.2(5) of this by-law, the following shall apply to Part of Lot 12, Block 5, Registered Plan 212:

By-law 90-1998 (24 First Street)

Special Provision 24.120

Notwithstanding the provisions of Section 12.1 and 16.1 hereof, a consumer and industrial equipment rental and sales establishment is permitted on the lands described as Part of Lot 14, All of Lots 15-18, Part of Laneway, Block 3, Registered Plan 159, subject to the regulations contained in Sections 5 and 16.2. Notwithstanding the foregoing, the minimum yards for the existing building are:

By-law 41-1998 (62 First Avenue)

Special Provision 24.121

Notwithstanding the provisions of Section 22.1 hereof, a convalescent or long-term care facility (By-law 2020-047) or a senior citizens home are not permitted on the subject property comprising Part of the North East Half of Lot 3, Concession "C".

By-law 94-1998 (200 Alder Street)

Special Provision 24.122

Notwithstanding the provisions of Section 18 hereof, a single detached dwelling and another use or other uses permitted by Section 18.1 hereof may exist in combination on the same lot comprising All of Lots 1 and 2 and Part of Second Avenue, Block 7, Registered Plan 159. This combination of uses is subject to the regulations contained in Sections 5 and 18.2 hereof. Notwithstanding the provisions of Section 18.2 hereof, the minimum exterior side yard shall be 0.6 metre.

By-law 101-1998 (21 and 23 First Street)

Special Provision 24.123

Notwithstanding the provisions of Section 16.1 hereof, a retail carpet and flooring store is permitted on the property comprising Lot 4 and Part of lane (adjacent to Lot 4), Block 3, Registered Plan 159. Notwithstanding the provisions of Section 16.2 hereof, the minimum front yard is 6.4 metres and the minimum west side yard is 0.6 metre.

By-law 106-1998 (57 Broadway)

Special Provision 24.124

Notwithstanding the provisions of Section 10.2 hereof, the minimum lot frontage for a corner lot shall be 14.0 metres. The boundary of the R4 zone, where a lot is an adjacent to an OS2 zone, shall be interpreted to follow the rear and/or side lot line of the lot, as the case may be.

Sections 5.25 (Residential Garage Protrusions) and Section 5.26 (Special Front Yard Porch Encroachments) apply to the lots fronting on St. Paul's Place, Maude Court, Sandringham Circle, Palace Court, Buckingham Street, Althorp Drive and Northampton Street.

Notwithstanding the provisions of Section 10.2(6) hereof, the minimum rear yard for the lots that front onto Sandringham Circle shall be 4.5 metres.

Notwithstanding the provisions of Section 10.2(6) hereof, the minimum rear yard for those lots that both front onto Buckingham Street and back onto lands zoned Open Space Conservation (OS2) shall be 4.5 metres.

By-law 119-1998; By-law 42-2000 (22-68, 21-53 Glengarry Road; 22-70, 21-71 Sherwood Street; 26-30 Abbey Road; St. Paul's Place; Sandringham Circle; Palace Court; England Avenue; Maude Court; Althorp Drive; Northampton Street; Buckingham Street)

Special Provision 24.125

Notwithstanding the provisions of Section 5.17 7) hereof, the maximum driveway width for lots containing link dwellings with double-car garages shall be 5.0 metres.

By-law 17-1999 (Jay Crescent)

Special Provision 24.126

Notwithstanding the provisions of Section 16.1 hereof, an upper floor dwelling unit is permitted within the area of the subject property.

By-law 43-1999 (780 Broadway)

Special Provision 24.127

Notwithstanding the provisions of Section 15.1 hereof, a motel is permitted within the area of the subject property.

By-law 43-1999 (316 Broadway)

Special Provision 24.128

Notwithstanding the provisions of Sections 5.33, 5.33, 14.1, 14.2(4), 14.2(5) and 14.2(6) hereof, the following provisions shall apply to the lands shown on Schedule "A" hereto as C1 S.P. 24.128:

1. The following definitions shall apply only to the lands that are subject to Section 24.128:

BEER STORE means a retail establishment primarily devoted to the sale of beer, but shall not include an establishment where beer or wine-making supplies are sold, beer is brewed, or related services are provided.

FLOOR AREA, GROSSmeans the total area of all of the floors in a building above or below grade, measured from the outside of the exterior walls but excluding car parking areas, loading areas and storage areas within the building.

FOOD AND GENERAL MERCHANDISE STOREmeans a retail store engaged in merchandising of a wide range of commodities which may include but is not limited to food, apparel, hardware and household goods, garden supplies, leisure, pet and drug items, and toys and, for the sake of clarity, includes a department store and a supermarket.

GOVERNMENT OFFICEmeans any office> in which local or other government administration is carried out, other than a branch office of the Ministry of Transportation.

SHOPPING CENTREmeans a group of commercial establishments designed, developed and managed as a unit.

SPECIALTY FOOD STOREmeans a store specializing in a specific type or class of food items such as a bakery, butcher, delicatessen, fish or seafood store or gourmet food outlet, but shall not include a candy shop, an ice cream shop or a frozen food store.

SUPERMARKETmeans a retail store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazine and videos.

2. Permitted uses comprise a shopping centre within which may be located a gas bar, a food and general merchandise store, and all of the uses permitted by Section 14.1 hereof except for a financial establishment, a beer store, a government office, a liquor store and a specialty food store.
3. The maximum gross floor area devoted to a food and merchandise store is 17,200 square metres.
4. Within the food and general merchandise store, the gross ground floor area devoted to the sale of food shall occupy a minimum of 40% and a maximum of 60% of the gross ground floor area of the food and general merchandise store.
5. The maximum aggregate gross floor area devoted to the permitted uses, other than a food and general merchandise store, is 2,700 square metres.
6. The minimum ground floor area of a retail store or personal service shop is 465 square metres, except for up to two units for which the minimum ground floor area is 232 square metres.
7. The following uses are exempt from the minimum ground floor area requirements as set out in clause (6) above:
   1. a single electronics sales and service establishment;
   2. a single retail store selling new and used goods;
   3. a single hair care establishment; and,
   4. a single pet supply sales establishment
8. Notwithstanding any other provision of this by-law to the contrary, for zoning purposes, the front lot lone shall be deemed to be that abutting Fourth Avenue, the rear lot line shall be deemed to be that abutting Rotary Park and the lot that is zoned Multiple Residential Medium Density (RM1), and the exterior sideyard shall be deemed to be that abutting Third Street.
9. The following minimum yards shall be provided:
   1. Exterior Side Yard (minimum): 5 metres
   2. Interior Side Yard (minimum): 0 metres
   3. rear yard (minimum): 11.0 metres
10. A strip with a minimum width of three metres located along the south side of Fourth Avenue and the east side of Third Street shall be landscaped, except for entrance driveways.
11. A strip with a minimum width of eleven metres, located along the south lot line that is also the north lot line of the abutting lot that is zoned Multiple Residential Medium Density (RM1), shall be landscaped.
12. The Holding Symbol (H) that is applicable to the lands that are subject to Section 24.128 shall be removed when Council is satisfied that the following requirements have been met:
    1. The Town allocates water supply and sewage treatment capacity;
    2. A site plan has been submitted and has been found by the Town to be satisfactory;
    3. The improvements to Third Street and Fourth Avenue, as contemplated by the finalized environmental assessment, will be in place prior to occupancy of the food and general merchandise store;
    4. Satisfactory arrangements have been made for the signalization of the intersection of the middle driveway and Fourth Avenue;
    5. A Record of Site condition, in relation to the lands on Third Street, has been acknowledged by the Ministry of the Environment; and,
    6. The site plan incorporates noise attenuation measures to meet Ministry of the Environment guidelines, as recommended in a study prepared by a qualified acoustical consultant to the satisfaction of the Town.
13. An exterior garbage enclosure shall be permitted in the yard abutting Third Street provided that it is sufficiently screened from the street by landscaping and berming, and/or fencing.
14. A drive-through facility is permitted on the side of a building that faces the lot zoned RM1 south of the lands, provided that:
    1. it is setback a minimum of 30 metres from the rear lot line;
    2. no outdoor speakers or order boxes form part of the facility; and,
    3. it is sufficiently visually screened from the lot that is zoned Multiple Residential Medium Density (RM1) and the street by fencing and/or landscaping.

By-law 68-2004; By-law 16-2006 (50 Fourth Avenue; 54, 56, 60 Third Street)

Special Provision 24.129

Notwithstanding the provisions of Section 15.2(1) hereof, the minimum lot size for the property comprising Part of Block A, Registered Plan 116, is 3,900 square metres.

By-law 58-1999 (15 Brenda Boulevard)

Special Provision 24.130

Notwithstanding the provisions of Section 11C.2(9) and (10) hereof, an attached or integrated garage may be constructed on Lots 17-44, Plan 7M-7 in accordance with the following provisions:

1. an attached or integrated garage may only be constructed with the access door(s) facing the rear lot line;
2. an attached or integrated garage may be constructed only if there is no detached garage on the lot;
3. the driveway is permitted in the rear yard only;
4. the segment of the driveway that is located within 10 metres of the rear lot line shall have a maximum width of 3.8 metres; and,
5. the segment of the driveway that is over 10 metres from the rear lot line shall have a maximum width corresponding to the width of the garage, as constructed.

Notwithstanding the provisions of Section 5.2, a fence or other accessory building or structure that is not a garage must be set back at least 1.5 metres from the rear lot line.

By-law 58-2004 (301-329 Fern Street; 300-324 Gooseberry Street)

Special Provision 24.131

Notwithstanding the provisions of Section 6.2 1) hereof, the minimum required lot area shall be 0.60 ha.

By-law 64-1999 (520 Broadway)

Special Provision 24.133

Notwithstanding the provisions of Section 19.1 hereof, a garden centre and the existing residence are permitted within the area of the subject property comprising Part of the East Half of Lot 2, Concession C.

By-law 103-1999 (250 C Line)

Special Provision 24.134

Notwithstanding Section 15.2(5) hereof, the minimum interior side yard is 4.57 metres.

By-law 95-2003 (108 Dawson Road)

Special Provision 24.135

Notwithstanding the provisions of Section 11B.3(2) hereof (Regulations for Single Detached Dwellings), the minimum lot frontage for an interior lot is 9.1 metres.

By-law 42-2000 (16-78 Pheasant Court)

Special Provision 24.136

Notwithstanding the provisions of Section 11B.3(2) hereof (Regulations for Single Detached Dwellings), the minimum lot frontage for an interior lot is 9.1 metres.

By-law 42-2000 (182-220, 191-221, 255-269 Howard Crescent; 102-202 Joshua Road; 101-131, 102-132 Jordan Drive)

Special Provision 24.137

Notwithstanding Sections 5.17, 20.1, 20.2(3) and 20.2(4) hereof, a recreational establishment, a library, a school, a nursery school, and accessory uses are also permitted subject to the following regulations:

The minimum number of parking spaces will be the aggregate of the following:

1. 1.5 spaces per classroom within a school or nursery school;
2. 60 spaces per indoor ice pad;
3. 30 spaces for each of the following: a swimming pool, a ball diamond, a soccer field, and a box lacrosse/outdoor ice pad facility;
4. 1 space per 30 square metres of floor area devoted to a gymnastics facility and gymnasium; and,
5. 1 space per 10 square metres of floor area devoted to indoor fitness, recreational and community facilities other than those identified (a), (b), (c) and (d) above.

By-law 47-2000; By-law 95-2003 (275 Alder Street)

Special Provision 24.138

Notwithstanding the provisions of Section 8.1 hereof, the lands zoned R2 S.P. 24.138, as shown on Schedule "A" hereto, may be used for a parking area.

Notwithstanding the provisions of Section 5.17(2)(a) hereof, some or all of the parking spaces required for the lands zoned C5 S.P. 24.138, as shown on Schedule "A" hereto, may be provided in a parking area on the lands zoned R2 S.P. 24.138, as shown on Schedule "A" hereto.

Parking spaces on the lands zoned C5 S.P. 24.138, as shown on Schedule "A" hereto, may be provided only within the area of the existing driveway in the rear yard.

Notwithstanding the provisions of Section 5.17(2)(b), the required parking spaces provided on the existing driveway on the lands zoned C5 S.P. 24.138, as shown on Schedule "A" hereto, may be obstructed by other parking spaces.

A parking area on the lands zoned R2 S.P. 24.138, as shown on Schedule "A" hereto, shall be separated from the adjacent R2 lands by a landscaped strip with a minimum width of two metres.

By-law 66-2000 (31 First Street and rear of 4 Third Avenue)

Special Provision 24.139

Sections 5.25 (Residential Garage Protrusions) and 5.26 (Special Front Yard Encroachments) apply within the area of Block 247 on Registered Plan 7M-11.

By-law 106-2000 (27-57 Abbey Road)

Special Provision 24.140

Notwithstanding the provisions of Section 16.1 of By-law 22-90, as amended, a parking area serving a permitted use on an adjacent lot is permitted in addition to the uses permitted in the C3 zone, but a kennel, a billiards parlour, a pool hall, and an amusement arcade are prohibited.

By-law 8-2001 (south side of Town Line, west of Green Street)

Special Provision 24.141

Notwithstanding the provisions of Sections 15.2(3), 15.2(4) and 15.2(7) of By-law 22-90, as amended, the following regulations shall apply to the lands zoned Neighbourhood Commercial (C2) Zone Special Provision 24.141 as shown on Schedule "A":

Notwithstanding Section 15.2 Regulations, a minimum ground floor area of 150m² shall be used for a convenience store, a variety store or a dry cleaning or laundry establishment only.

Those portions of the front yard, exterior side yard and rear yard that are within three metres of Highway 9 or Rolling Hills Drive shall be landscaped.

By-law 32-2001; By-law 95-2003 (50 Rolling Hills Drive)

Special Provision 24.142

Notwithstanding the provisions of Sections 5.3 and 8.1 of By-law 22-90, as amended, an auto body shop, a public storage unit, and a dry cleaning establishment are permitted in the existing building on the property. Outdoor storage is prohibited. Nothing in this by-law shall prevent repairs to the existing building or its reconstruction in the event of damage or destruction by fire subject to the repaired or reconstructed building having:

• a gross floor area not exceeding that of the existing building,
• a height not exceeding that of the existing building, and
• yards at least equivalent to those of the existing building.

By-law 37-2001 (37 Green Street)

Special Provision 24.143

Notwithstanding the provisions of Sections 5.19 and 16 hereof, the lands located on the east side of Highway 10 between Fourth and Fifth Avenues (Part of Lot 2, Concession 1 W.H.S., more particularly described as Part 1, Plan 7R-4653) may be used only as follows:

Permitted Retail Uses

• an antiques or memorabilia sales and service establishment
• an art gallery
• a gift shop
• a recreational and sporting good sales, service and rental establishment

Other Permitted Uses

• an assembly hall
• a club house
• a commercial school
• a custom workshop
• a private school
• a hotel or motel
• a park or picnic area
• a recreational establishment
• a restaurant
• a tourist or business information centre
• all uses permitted in the Open Space Conservation (OS2) Zone

Maximum Height

A hotel or motel: three storeys or 12 metres, whichever is the lesser

All other buildings and structures: one storey or 6 metres, whichever is the lesser.

Retail and Restaurant Regulations

The maximum gross floor area devoted to the permitted retail uses is 1000 square metres.

A restaurant containing take-out facilities must also include facilities for patrons to consume food either inside the building or in an outdoor picnic area, or both.

Drive-Through Facilities

A drive-through facility, comprising a queuing lane for patrons in motor vehicles and/or an exterior sound system for placing orders, is prohibited.

Minimum Yards

The minimum setback of all buildings and structures from the lot line adjoining Highway 10 is 14 metres.

The other minimum yards are those established in Section 16.2 hereof.

Holding Provisions

Prior to the removal of the Holding (H) symbol, the only uses permitted are those permitted in the Open Space Conservation (OS2) zone.

By-law 53-2001 (east side of Highway 10 between Fourth and Fifth Avenues)

Special Provision 24.144

Notwithstanding the provisions of Section 21 hereof, the lands located on the east side of Highway 10 between Fourth and Fifth Avenues (Part of Lot 2, Concession 1 W.H.S., more particularly described as Part 2, Plan 7R-4653), may also be used for access to the adjacent lands zoned Service Commercial (C3). Prior to the removal of the Holding (H) symbol, the only uses permitted are those permitted by Section 21 hereof.

By-law 53-2001 (east side of Highway 10 between Fourth and Fifth Avenues)

Special Provision 24.145

Notwithstanding the provisions of Sections, 5.17(7(b)), 9.2(3) and 9.2(7) of By-law 22-90, as amended, the following regulations shall apply to the lands zoned Residential Third Density (R3) Zone Special Provision 24.145:

By-law 45-2001 (49 William Street)

Special Provision 24.146

Notwithstanding the provisions of Section 11B.3 (R6 Regulations for single detached dwellings), the following regulation shall apply to the lands zoned Residential Sixth Density (R6)(H) Zone Special Provision 24.146 Holding Zone as shown on Schedule "A":

Sections 5.25 (Residential Garage Protrusions), 5.26 (Special Yard Porch Encroachments), 5.27 (Residential Garage Openings) and 5.28 (Special Residential Garage Setback and Special Driveway Width) apply within the area of Block 105, on Registered Plan 43M-1120.

The minimum height of the detached dwellings on the north side of Joshua Road shall be two storeys.

The minimum setback of any building or structure from Highway No. 9 shall be 13.7 metres.

Holding Symbol

The Holding Symbol (H) shall only be removed from the subject lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development.

By-law 84-2001 (Murray Court; 101 - 127 Joshua Road)

Special Provision 24.147

Notwithstanding the provisions of Sections 15.1 hereof, dwelling units, automotive service stations, and drive-through facilities are prohibited, and notwithstanding Sections 15.2(3), 15.2(4), and 15.2(5) hereof, the following regulations shall apply to the lands located at the southwest corner of Alder Street and C Line (Part of the Northeast Half of Lot 3, Concession C, more particularly described as Part 2, Plan 7R-4152):

By-law 77-2001; By-law 33-2004 (southwest corner of C Line and Alder Street)

Special Provision 24.148

Notwithstanding the provisions of Section 13A.2 of By-law 22-90, as amended, the following regulations shall apply to the lands zoned Central Business District (CBD) Zone - Special Provision 24.148 as shown on Schedule "A":

By-law 119-2001 (64-114, 136-234, 65-239 Broadway; 12-34, 5-25 Mill Street)

OMB Order dated November 18, 2003, File No. PL020016

Special Provision 24.149

Within the area of the lands affected by this section, as shown on Schedule "A" hereto, the uses and buildings that existed on November 26, 2001, are permitted, despite any non-conformity or non-compliance with Sections 18.1 and 18.2 (1), (2), (3), (4), (5), (6), (7), (8) and (9) hereof, and no parking spaces are required for floor area that existed on November 26, 2001, despite Section 5.17 hereof. Nothing in this by-law shall prevent repairs to a building that existed on November 26, 2001, or its reconstruction in the event of damage or destruction by fire subject to the repaired or reconstructed building having:

• a gross floor area not exceeding that of the existing building,
• a height not exceeding that of the existing building, and
• yards at least equivalent to those of the existing building.

By-law 119-2001 (6 - 34 First Avenue; 12 - 14 Second Street)

OMB Order dated June 24, 2003, File No. PL020016

Special Provision 24.150

Notwithstanding Section 12.1 Permitted Uses, in addition to the uses permitted by the By-law a nursery school will also be permitted on the lands zoned Multiple Residential Medium Density (RM1) Zone Special Provision 24.150.

The following additional regulation shall apply to the lands:

1. the following areas shall be landscaped:
   1. the northerly interior side yard;
   2. that portion of the front yard that is located between the front wall of the building and First Street; and,
   3. that portion of the front yard that is located between the northerly interior side yard and First Street.

By-law 67-2002 (70 First Street)

Special Provision 24.151

Notwithstanding Sections 13A.2(7) and 24.148 hereof, the maximum building heights shown on Map 1 shall apply.

MAP 1 – Maximum Permitted Building Heights

By-law 119-2001 (221 - 229 Broadway)

OMB Order dated November 18, 2003, File No. PL020016

Special Provision 24.152

Notwithstanding Section 15.1 Permitted Uses, a dwelling unit or units are not permitted on the lands zoned Neighbourhood Commercial (C2) Zone, Special Provision 24.152

By-law 76-2002; By-law 95-2003 (20 Dawson Road)

Special Provision 24.153

Notwithstanding Sections 5.17 1(a), Section 5.17 7(a), 18.1 and 18.5 hereof, a converted dwelling house containing up to eight dwelling units shall be permitted on the lands zoned Restricted Commercial/Residential (C5) Zone, Special Provision 24.153, subject to the regulations of Sections 5 and 8, as amended below:

By-law 16-2003 (260 - 262 Broadway)

Special Provision 24.154

Sections 5.25 (Residential Garage Protrusions) and 5.26 (Special Front Yard Encroachments) apply within this portion of Block 38, Registered Plan 7M-8).

By-law 23-2003 (182 - 222, 181 - 217 Elderberry Street; 109 - 117 Gooseberry Street)

Special Provision 24.155

Notwithstanding Section 17.1 hereof, a religious institution is also permitted within the area of the subject lot which comprises Part of Block 247, Plan 314, and All of Block 158, Plan 313.

By-law 25-2003 (375 Hansen Boulevard)

Special Provision 24.156

Notwithstanding Section 15.1 hereof, the sale of vehicles in conjunction with a car and truck rental agency is also permitted.

By-law 50-2003 (2 Town Line)

Special Provision 24.157

Notwithstanding the provisions of the Neighbourhood Commercial (C2) Zone, the following provisions shall apply to the lands shown on Schedule "A" hereto as C2(H) S.P. 24.157:

1. The following definitions shall apply only to the lands that are subject to Section 24.157:

FLOOR AREA, GROSS means the total area of all of the floors in a building above or below grade, measured from the outside of the exterior walls but excluding car parking areas>, loading areas and storage areas within the building.

SHOPPING CENTRE means a group of commercial establishments designed, developed and managed as a unit.

SUPERMARKET means a retail store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazine and videos.

2. Permitted uses comprise a shopping centre within which may be located all of the uses permitted in the C2 zone excluding a dwelling unit or units on upper floors.
3. A supermarket is permitted containing a minimum gross floor area of 3,000 square metres and a maximum gross floor area of 4,410 square metres.
4. The maximum aggregate gross floor area devoted to retail stores, is 7,500 square metres, excluding the gross floor area devoted to a
5. A strip with a minimum width of three metres located along the east side of Riddell Road and the north side of Centennial Road shall be landscaped, except for entrance driveways.
6. The Holding Symbol (H) that is applicable to the lands that are subject to Section 24.157 shall be removed when Council is satisfied that the following requirements have been met:
   1. The Town approves a site plan showing a well-landscaped shopping centre designed in accordance with a "market village" concept that evokes the character of the nearby residential area;
   2. The Town allocates water supply and sewage treatment capacity;
   3. The owner agrees to implement the road improvements, and to locate and limit the driveway accesses from Riddell Road and Centennial Road, all as recommended in a traffic impact study approved by the Town of Orangeville and County of Dufferin;
   4. The 0.3 metre reserve along Riddell Road is removed, as required to permit the entrance(s) approved by the Town and the County;
   5. Arrangements are made to construct a trailway, at the owner's expense, along the east side of Riddell Road between Centennial Road and Alder Street;
   6. The owner agrees to construct a sidewalk or trailway along the north side of Centennial Road in front of its property; and,
   7. The owner agrees to preserve the trees located along the north limit of the property, where possible subject to site grading, in accordance with a plan prepared by an arborist and approved by the Town.
7. Notwithstanding any other provision of By-law 22-90, as amended, to the contrary, the lands subject to these special provisions shall be treated as a single lot for zoning purposes.
8. Notwithstanding the provisions of Section 15.1 (Permitted Uses), a "school" as defined in Section 2 of this By-law, shall also be permitted in conjunction with the other uses permitted on the lands subject to Section 24.157.

By-law 70-2003; By-law 72-2005; By-law 91-2010 (500-520 Riddell Road; 225-245 Centennial Road; northeast corner of Riddell and Centennial Roads)

Special Provision 24.159

Notwithstanding the provisions of Sections 15.2(1) and 15.2(4) hereof, the following provisions shall apply:

By-law 87-2003 (Buena Vista Road Allowance)

Special Provision 24.160

Notwithstanding Sections 13A.2(2), 13A.2(7) and 24.148 hereof, the following regulations shall apply

By-law 119-2001 (102 - 112 Broadway)

OMB Order dated November 18, 2003, File No. PL020016

Special Provision 24.161

Notwithstanding Section 22.1 hereof, a business or professional office is also permitted.

Notwithstanding Section 5.17 hereof, a minimum of 73 parking spaces shall be provided.

By-law 10-2006 (15 Elizabeth Street)

OMB Order dated April 18, 2006, File No. PL021057

Special Provision 24.162

Notwithstanding Sections 16.2(3) and 16.2(4) hereof, the following regulations shall apply to the lands shown on Schedule "A" hereto as C3 S.P. 24.162:

The minimum front yard is 2.6 metres.

All buildings, structures and paved areas shall be located at least 19 metres from the east lot line.

By-law 47-2004 (23 Broadway)

Special Provision 24.163

Notwithstanding Section 2.76A, a mixed-use building is permitted in the existing building which is attached to the building on the abutting lot.

By-law 84-2004 (46 First Street)

Special Provision 24.164

Notwithstanding Sections 5.17 (4)(b) and 15.2 (5) and (6), the following provisions shall apply to the lands zoned Neighbourhood Commercial (C2) S.P. 24.164:

1. That Section 5.17 (4)(b) shall not apply to the access at the Broadway/C Line intersection.
2. The following setbacks shall apply to the building known as the Robert Perfect House:
• rear yard (minimum) 6.0 metres
• interior side yard (minimum) 1.8 metres

Notwithstanding Sections 2, 15.1 and 15.2(8), the following provisions shall apply to the lands zoned Neighbourhood Commercial (C2) S.P. 24.164 until January 1, 2011:

1. The following definitions shall apply:

BEER STORE means a retail establishment primarily devoted to the sale of beer, but shall not include an establishment where beer or wine-making supplies are sold, beer is brewed, or related services are provided.

FLOOR AREA, GROSS means the total area of all of the floors in a building above or below grade, measured from the outside of the exterior walls but excluding car parking areas>, loading areas and storage areas within the building.

LIQUOR STORE means a self-contained store primarily for the sale of wine and spirits for home consumption, and shall include both private and government-operated outlets.

PHARMACY OR DRUG STORE means a retail store in which prescription drugs are dispensed and in which, among other things, non-prescription medicines, health and beauty products, and associated sundry items, may be sold.

2. The following regulations shall apply:
   1. The maximum permitted gross floor area devoted to a pharmacy or drug store is 1,578 square metres;
   2. The maximum permitted aggregate gross floor area devoted to retail stores, excluding the gross floor area devoted to a pharmacy or drug store is 1,657 square metres, excluding the gross floor area contained within the Robert Perfect House, as relocated;
   3. A beer store is not permitted; and,
   4. A liquor store is not permitted.

By-law 74-2005 (489 Broadway)

Special Provision 24.165

Notwithstanding the provisions of Section 9.2(2), the following regulations shall apply to lands in Registered Plan 308:

By-law 44-2006 (33, 61 Passmore Avenue; 34, 36 Still Court; 23, 35 Pheasant Drive)

Special Provision 24.166

Notwithstanding the provisions of Sections 9.2 and 9.3, the following regulations shall apply to lands in Registered Plan 126:

The Lot Frontages for Lots 1, 3, 4, 6, 7, 8, 14, 18, 19, 30, 37, 45, 46 and 47 shall be that shown on Registered Plan 126

By-law 44-2006 (Goldgate Crescent; Darsam Court; 34 Bredin Parkway)

Special Provision 24.167

Notwithstanding Section 18.1 hereof, a commercial school is also permitted.

Notwithstanding Subsection 5.17 (4)(a) hereof, a minimum driveway access width of 3 metres shall be permitted.

By-law 66-2006 (59 First Street)

Special Provision 24.168

Notwithstanding the provisions of Section 10(2) the following regulation shall apply to the lots zoned Residential Fourth Density (R4) Zone, Special Provision 24.168 that front and flank onto Montgomery Boulevard:

Notwithstanding the provisions of Sections 10(4) and 10(8) the following regulations shall apply to the lands zoned R4 Zone, Special Provision 24.168:

Notwithstanding Subsection 5.17 (Parking Area Regulations), a minimum of 2 outdoor parking spaces shall be provided in the area between the garage face and the inner edge of the public sidewalk, if present, or curb if no sidewalk is present.

Subsections 5.25 (Residential Garage Protrusions) and 5.26 (Special Front Yard Encroachments) apply to the lands zoned R4 Zone, Special Provision 24.168.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned R4(H) Holding Zone, Special Provision 24.168 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 65-2006 (1-73 Dinnick Crescent; 2-18 Samuel Court; 239, 241, 243 Montgomery Blvd)

Special Provision 24.169

Notwithstanding the provisions of Sections 10.2(2), 10.2(3), 10.2(4) and 10.2(8), the following regulations shall apply to the lands zoned Residential Fourth Density (R4)(H) Zone Special Provision 24.169:

Notwithstanding Subsection 5.17 (Parking Area Regulations), a minimum of 2 outdoor parking spaces shall be provided on each lot.

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned R4(H) Holding Zone, Special Provision 24.169 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 67-2006 (29-35 Aiken Cres; 72, 74-90 Meyer Dr; 7, 9, 11, 13, 15-20 Mason St.)

Special Provision 24.170

Notwithstanding the provisions of Sections 10.2(1), 10.2(2), 10.2(3), 10.2(4) and 10.2(8) (R4 Regulations), the following regulations shall apply to the lands zoned Residential Fourth Density (R4)(H) Zone Special Provision 24.170 Holding Zone as shown on Schedule "A":

Notwithstanding Subsection 5.17 (Parking Area Regulations) a minimum of 2 outdoor parking spaces shall be provided on each lot.

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned R4(H) Holding Zone, Special Provision 24.170 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 67-2006 (1-5, 6, 8, 10, 12, 14 Mason St; 2-22, 25, 27, 37, 39 Aiken Cres; 73 Meyer St)

Special Provision 24.171

Notwithstanding the provisions of Sections 11B.4(1), 11B.4(3) and 11B.4(8), the following regulations shall apply to the lots zoned Residential Sixth Density (R6) Zone, Special Provision 24.171:

The front foundation wall of a fully roofed porch or verandah may be considered the "front wall" of the dwelling for the purposes of this section provided that said porch or verandah extends across the entire front face of the dwelling, not including the garage.

Notwithstanding the above provisions, a maximum setback to the front wall of dwelling shall not apply to the exterior dwelling on Block 9.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned R6(H) Holding Zone, Special Provision 24.171 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 79-2006; By-law 6-2009 (270-290 Amelia Street; 1-24 James Arnott Cres; 1-24 Victor Large Way)

Special Provision 24.172

Notwithstanding the provisions of Sections 12.2(3) and 12.2(4), the following regulations shall apply to the lots zoned Multiple Residential Medium Density (RM1) Zone, Special Provision 24.172:

The front foundation wall of a fully roofed porch or verandah may be considered the "front wall" of the dwelling for the purposes of this section provided that said porch or verandah extends across the entire front face of the dwelling, not including the garage.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned RM1(H) Holding Zone, Special Provision 24.172 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 79-2006; By-law 6-2009 (26-81 Victor Large Way; 45-65 James Arnott Cres)

Special Provision 24.173

Notwithstanding the provisions of Section 18.1 hereof (Permitted Uses) a specialty restaurant/cafe to a maximum floor area of 117 square metres shall be permitted in the existing building as it substantially existed on July 10, 2006, on the lands comprising Lots 74 and 75, Registrar's Compiled Plan, and zoned Restricted Commercial/Residential (C5) Zone, Special Provision 24.173.

Should the building cease to exist, this Special Provision will no longer apply to these lands.

By-law 83-2006; By-law 57-2009 (288 Broadway, 2 Dawson Road)

Special Provision 24.175

Notwithstanding the provisions of the Neighbourhood Commercial (C2) Zone, the following provisions shall also apply:

1. Permitted uses include all of the uses permitted in the C2 zone excluding a dwelling unit or units on upper floors, a home occupation and a nursery school with an outdoor play area.
2. Notwithstanding the provisions of Section 15.1 (Permitted Uses) a caterer's establishment and a nursery school with no outdoor play area are also permitted.
3. The maximum aggregate gross floor area devoted to retail stores is 2,300 square metres.

By-law 81-2012 (200-250 Centennial Road; 540 Riddell Road)

Special Provision 24.176

Notwithstanding the provisions of Section 5.17 (Parking Area Regulations) the minimum number of required parking spaces on the lands comprising Blocks 129 and 137 on Plan 7M-6 zoned RM1 Special Provision 24.176 shall be 73 for the apartment building and 2 each for the row house units.

Notwithstanding the provisions of Section 12.3(5), the minimum setback from the southerly property line shall be 7 metres.

By-law 14-2007 (155 Riddell Road)

Special Provision 24.177

Notwithstanding the provisions of Section 19.1 (Permitted Uses) the following additional uses shall be permitted on the lands described as Part 3 on Reference Plan 7R-4388, and Part of Lot 20 on Registrar's Compiled Plan 335, municipally known as 48 Centennial Road:

• automotive-related uses, such as but not limited to: auto glass repair, car stereo and electronics installation; automobile detailing; automobile upholstering; motor vehicle licensing; and, automobile parts wholesaling. Any mechanical repair or body work, and the outdoor storage of equipment, materials or vehicles, shall not be permitted; and,
• plumbing, electrical, heating and tradesmen shops. Equipment repairs or servicing, and the outdoor storage of parts or equipment, shall not be permitted.

By-law 21-2007 (48 Centennial Road)

Special Provision 24.178

Notwithstanding the provisions of Sections 10.2(1), 10.2(2), 10.2(3), 10.2(4) and 10.2(8) (R4 Regulations), the following regulations shall apply to the lands zoned Residential Fourth Density (R4)(H) Zone Special Provision 24.178 as shown on Schedule "A":

Notwithstanding Subsection 5.17 (Parking Area Regulations) a minimum of 2 outdoor parking spaces shall be provided on each lot.

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned R4(H) Holding Zone, Special Provision 24.178 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 58-2007 (Extensions of College Avenue, Elaine Drive, Courtney Crescent)

Special Provision 24.179

Notwithstanding the provisions of Sections 10.2(1), 10.2(2), 10.2(4) and 10.2(8) (R4 Regulations), the following regulations shall apply to the lands zoned Residential Fourth Density (R4)(H) Zone Special Provision 24.179 as shown on Schedule "A":

Notwithstanding the minimum required front and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard; and,
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned R4(H) Holding Zone, Special Provision 24.179 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 58-2007 (Future Lot 21 on an extension of Elaine Drive)

Special Provision 24.180

The following provisions apply to the lands zoned Central Business District (CBD) Zone - Special Provision 24.180 as shown on Schedule "A" of By-law 22-90, as amended:

Notwithstanding the provisions of Section 13A.1(Permitted Uses), row house dwellings shall be permitted, provided that they are separated from Broadway by an intervening building.

Notwithstanding the provisions of Sections 13A.2(3), 13A.2(6) and 13A.2(7) the following regulations shall apply to the lands:

The minimum rear yard setback (from Armstrong Street) for row house dwellings shall be 1.5 metres.

By-law 61-2007 (116-126 Broadway, 5 Armstrong Street)

Special Provision 24.181

Notwithstanding the provisions of Sections 10.2(1), 10.2(2), 10.2(3) and 10.2(8), the following regulations shall apply to the lands zoned Residential Fourth Density (R4) Zone Special Provision 24.181:

Notwithstanding the maximum front yard to the front wall of the dwelling, for lots where the front lot line is not a straight line or where the side lot lines are not parallel, the front wall of the dwelling shall be set back a maximum of 1.0 metre from the front wall of the garage. Therefore, the maximum front yard to the front wall of the dwelling does not apply.

Notwithstanding Subsection 5.17 (Parking Area Regulations), a minimum of 2 outdoor parking spaces shall be provided on each lot.

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Notwithstanding the provisions of Section 19.1 (Permitted Uses) a stormwater management facility shall be permitted on the lands zoned General Industrial (M1) Zone Special Provision 24.181.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 65-2007 (Veterans' Way South Community), By-law 59-2016 (Cachet Developments (Orangeville) Inc.)

Special Provision 24.182

Notwithstanding the provisions of Sections 12.2(3), 12.2(4), 12.2(5) and 12.3(7) the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone Special Provision 24.182:

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Regulations for Other Permitted Residential Uses

A maximum building height of 26 metres is permitted for multiple dwellings.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 65-2007 (Veterans' Way South Community)

Special Provision 24.183

Notwithstanding the provisions of Section 10(2) the following regulation shall apply to the lots zoned Residential Fourth Density (R4) Zone, Special Provision 24.183 that flank onto County Road 23 (B Line):

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned R4(H) Holding Zone, Special Provision 24.183 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 86-2007 (30 B Line subdivision)

Special Provision 24.184

Notwithstanding the provisions of Section 13 of By-law 22-90, as amended, the following provisions shall also apply to the lands zoned as Multiple Residential High Density (RM2)(H) Zone, Special Provision 24.184:

Notwithstanding the minimum required rear yard, unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 1.6 metres into the minimum required rear yard.

Section 5.26 (Special Front Yard Porch Encroachments) applies to the lands zoned as Multiple Residential High Density (RM2)(H) Zone, Special Provision 24.184.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 61-2014 (60-62 First Street)

Special Provision 24.185

Notwithstanding the provisions of Section 19.3(17), an automotive use shall be permitted in conjunction with the other permitted uses on the property in the area identified by Special Provision 24.185.

Notwithstanding the provisions of Section 19.3(4), with the exception of driveway areas, a minimum landscape strip of 6 metres is required in the yard that abuts Centennial Road for the lands subject to Special Provision 24.185.

By-law 56-2008 (200 Centennial Road)

Special Provision 24.186

Notwithstanding the provisions of Sections 8.2(1), 8.2(3) and 8.2(6), the following provisions shall apply to the lands zoned Residential Second Density (R2) Zone, Special Provision 24.186.

By-law 13-2010 (23 Amanda Street)

Special Provision 24.187

Notwithstanding the provisions of Sections 9.3(1) and 9.3(6), the following provisions shall apply to the lands zoned Residential Third Density (R3) Zone, Special Provision 24.187.

By-law 13-2010 (2 & 4 Spring Street)

Special Provision 24.188

Notwithstanding the provisions of Section 16.1 (Permitted Uses), a "pharmacy or drug store" shall also be permitted in conjunction with the other uses permitted on the property municipally known as 25 Broadway and zoned Service Commercial (C3) zone, special provision 24.188.

Notwithstanding Section 2 (Definitions) the following definition shall apply to the lands zoned Service Commercial (C3) zone, special provision 24.188:

PHARMACY OR DRUG STORE means a retail store in which prescription drugs are dispensed and in which, among other things, non-prescription medicines, health and beauty products, and associated sundry items, may be sold.

By-law 71-2010 (25 Broadway)

Special Provision 24.189

Notwithstanding the provisions of Section 15.2 (Regulations for All Uses Except Automobile Service Station) Subsection 15.2.8 (maximum gross floor area for a retail outlet) does not apply to the property municipally known as 280 Broadway and zoned Neighbourhood Commercial (C2) zone, special provision 24.189.

Notwithstanding the provisions of Section 15.1 (Permitted Uses) an automobile service station is not permitted on the property municipally known as 280 Broadway and zoned Neighbourhood Commercial (C2) zone, special provision 24.189.

By-law 16-2011 (280 Broadway)

Special Provision 24.190

Notwithstanding the provisions of Section 5.17(1)(a) Parking Area Regulations, the parking ratio of 1 space per 20m² of floor area will apply for a veterinarian clinic use on the lands zoned Neighbourhood Commercial (C2) Zone, Special Provision 24.190.

Notwithstanding the provisions of Section 15(2)(5) Regulations for All Uses Except Automobile Service Station, the following provision shall apply to the lands zoned Neighbourhood Commercial (C2) Zone, Special Provision 24.190.

By-law 59-2011 (10 Fifth Avenue)

Special Provision 24.191

Notwithstanding the provisions of Sections 10.2(1), 10.2(2), 10.2(3), 10.2(4), 10.2(6) and 10.2(8), the following regulations shall apply to the lands zoned Residential Fourth Density (R4) Zone Special Provision 24.191:

Notwithstanding Subsection 5.17 (Parking Area Regulations), a minimum of 2 outdoor parking spaces shall be provided on each lot. However, the minimum number of outdoor parking spaces shall be 1 for those house models that are constructed with the front wall of the dwelling or a front porch extending beyond the front face of the garage. The maximum number of lots on which this exemption shall be permitted is 41.

Notwithstanding the minimum required front, exterior side and rear yards, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

In cases where the lot frontage is 15 metres or less, a garage face may protrude a distance up to 1.5 metres beyond one or more of the following:

1. the main front wall of the dwelling,
2. a habitable second floor located above the garage, or
3. a fully-roofed front porch or verandah.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 66-2011; By-law 12-2012 (Sarah Properties - East of Veterans' Way)

Special Provision 24.192

Notwithstanding the provisions of Section 18.1 (Permitted Uses), a taxi dispatch office shall be prohibited on the property municipally known as 302 Broadway and zoned Restricted Commercial/Residential (C5) zone, special provision 24.192.

For the purposes of this by-law, a taxi dispatch office shall be defined as follows:

TAXI DISPATCH OFFICE means an office establishment in which individuals (dispatchers) take calls from clients, and assign or send out, either in person or via radio communication, taxicab drivers to each client's pick-up location.

By-law 81-2011, OMB Decision PL110090 (302 Broadway)

Special Provision 24.193

Notwithstanding Section 8.1 hereof, a parking area is permitted subject to the following:

1. the parking area will be used only by the visitors to or employees of the funeral home at 21 First Street;
2. the parking area will not supply any parking spaces to satisfy any parking requirement, pursuant to Section 5.17 hereof, in relation to the funeral home at 21 First Street.

By-law 71-2011

Special Provision 24.196

Notwithstanding the provisions of Section 8.2(8) (Regulations in the Residential Second Density (R2) Zone), the following regulation shall apply to the lands zoned Residential Second Density (R2)(H) Zone, Special Provision 24.196 Holding Zone as shown on Schedule "A":

Notwithstanding the provisions of Section 5.17 (Parking Area Regulations), a minimum of 2 outdoor parking spaces shall be provided on each lot.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 96-2012 (400 County Road 23)

Special Provision 24.197

Sections 5.25 (Residential Garage Protrusions) and 5.26 (Special Front Yard Porch Encroachments) apply to the lands zoned Residential Fourth Density (R4)(H) Zone, Special Provision 24.197 Holding Zone as shown on Schedule "A".

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 96-2012 (400 County Road 23)

Special Provision 24.198

Notwithstanding the provisions of the Section 22.2(2), the following provisions shall apply to the lands zoned Institutional (INST) (H) Zone Special Provision 24.198.

By-law 42-2013 (355 Broadway)

Special Provision 24.199

Notwithstanding the provisions of Section 5.17(1)(a), the parking requirement for the commercial uses on the lands zoned Neighbourhood Commercial (C2)(H) Zone, Special Provision 24.199, shall be calculated at 1 parking space for each 26 metres of floor area.

Notwithstanding the provisions of Section 5.17(1)(a), the parking requirement for each dwelling unit shall be calculated at 1.25 parking spaces for each dwelling unit.

Notwithstanding the provisions of Section 15.1, dwelling units are permitted on the ground floor and below grade.

Notwithstanding the provisions of Section 15.1, a restaurant, a veterinary clinic and a variety store are prohibited and notwithstanding Sections 15.2(5) and 15.2(7) the following provisions shall apply to the lands zoned Neighbourhood Commercial (C2)(H) Zone, Special Provision 24.199:

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 87-2014 (310 Broadway)

Special Provision 24.200

Notwithstanding the provisions of Sections 11C.3(3), 11C.3(4) and 11C.3(6), the following provisions shall apply to the lands zoned Residential Seventh Density (R7) and (R7) (H) Zone S. P. 24.200.

Notwithstanding the provisions of Section 5.17(7)(b), six parking spaces shall be permitted in the front yard along C Line.

The maximum permitted density for the lands zoned Residential Seventh Density (R7) and (R7)(H) Zone, Special Provision 24.200 shall be 37.5 units per net residential hectare.

By-law 45-2013 (20 & 32 C Line)

Special Provision 24.201

Notwithstanding the provisions of Section 12.2, the following provisions shall apply to the lands zoned Multiple Residential Medium Density (RM1) and (H) Zone Special Provision 24.201.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

Subsections 5.25 (Residential Garage Protrusions) and 5.26 (Special Front Yard Encroachments) apply to the lands zoned Multiple Residential Density (RM1) and (H) Zone, Special Provision 24.201.

By-law 84-2013 (Broadway)

Special Provision 24.202

Notwithstanding the provisions of Sections 13.3(6), 13.3(7) and 13.3(8), the following regulations shall apply to the lands zoned Multiple Residential High Density (RM2)(H) Zone, Special Provision 24.202

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned RM2(H) Holding Zone, Special Provision 24.202 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

OMB order dated March 31, 2014, File No. PL130853

Special Provision 24.203

Notwithstanding the provisions of Sections 13.3(5), 13.3(6), 13.3(7) and 13.3(8), the following regulations shall apply to the lands zoned Multiple Residential High Density (RM2)(H) Zone, Special Provision 24.203:

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned RM2(H) Holding Zone, Special Provision 24.203 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

OMB order dated March 31, 2014, File No. PL130853

Special Provision 24.204

Notwithstanding the provisions of Sections 12.2(1), 12.2(3) and 12.2(5), the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1)(H) Zone, Special Provision 24.204:

Sections 5.25 (Residential Garage Protrusions) and 5.26 (Special Front Yard Encroachments) shall apply to lands zoned Multiple Residential Medium Density (RM1)(H) Zone, Special Provision 24.204.

Notwithstanding the minimum required rear yard, the following encroachment is permitted:

• unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rearyard.

By-law 2020-047

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned RM1(H) Holding Zone, Special Provision 24.204 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

OMB order dated March 31, 2014, File No. PL130853

Special Provision 24.206

Notwithstanding the provisions of Sections 16.1 (Permitted Uses) and 16.2(6), the following provisions shall apply to the lands zoned Service Commercial (C3)(H) Zone, Special Provision 24.206.

Permitted Uses

• a hotel

with the following accessory uses:

• an assembly hall
• a personal service shop
• a restaurant
• a retail store

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned C3(H) Holding Zone, Special Provision 24.206 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

OMB order dated March 31, 2014, File No. PL130853

Special Provision 24.207

24.207 Notwithstanding the provision of Section 12.2(3) the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone Special Provision 24.207:

Notwithstanding the maximum front yard to the front wall of the dwelling, for lots where the front lot line is not a straight line or where the side lot lines are not parallel, the front wall of the dwelling shall be set back a maximum of 1.0 metre from the front wall of the garage. Therefore, the maximum front yard to the front wall of the dwelling does not apply.

Notwithstanding the minimum required front, exterior side and rear yard, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 59-2016 (Cachet Developments (Orangeville) Inc.)

Special Provision 24.208

24.208 Notwithstanding the provisions of Sections 10.2(1), 10.2(2), 10.2(3), 10.2(6) and 10.2(8), the following regulations shall apply to the lands zoned Residential Fourth Density (R4) Zone Special Provision 24.208:

Notwithstanding the maximum front yard to the front wall of the dwelling, for lots where the front lot line is not a straight line or where the side lot lines are not parallel, the front wall of the dwelling shall be set back a maximum of 1.0 metre from the front wall of the garage. Therefore, the maximum front yard to the front wall of the dwelling does not apply.

Notwithstanding Subsection 5.17 (Parking Area Regulations), a minimum of 2 outdoor parking spaces shall be provided on each lot.

Notwithstanding the minimum required front and exterior side yards, the following encroachments are permitted:

1. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
2. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned C2(H) Holding Zone, Special Provision 24.205 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 59-2016 (Cachet Developments (Orangeville) Inc.)

Special Provision 24.209

24.209 Notwithstanding the provisions of Sections 12.2(3) and 12.2(6) the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone Special Provision 24.209:

Notwithstanding the maximum front yard to the front wall of the dwelling, for lots where the front lot line is not a straight line or where the side lot lines are not parallel, the front wall of the dwelling shall be set back a maximum of 1.0 metre from the front wall of the garage. Therefore, the maximum front yard to the front wall of the dwelling does not apply.

Notwithstanding the minimum required front, exterior side and rear yard, the following encroachments are permitted:

1. unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3 metres into the minimum required rear yard;
2. covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum required front yard; and,
3. covered porches and stairs are permitted to encroach a maximum of 1 metre into the minimum exterior side yard.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 59-2016 (Cachet Developments (Orangeville) Inc.)

Special Provision 24.210

24.210 Notwithstanding the provisions of Section 12.1 (Permitted Uses) to the contrary, a ‘Stacked Townhouse Dwelling’ shall be the sole permitted use on the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.210. For the purpose of SP 24.210, a ‘Stacked Townhouse Dwelling’ means a building divided vertically and horizontally into four or more dwelling units, each of which has an independent entrance from the outside.

Notwithstanding the provisions of Sections 5.17(1)(a), 12.3(5), 5.22 and 12.3(8) to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.210:

OMB order dated March 07, 2019, Case No. PL180178

Special Provision 24.211

24.211 Notwithstanding the provisions of Sections 12.3(5) and 12.3(6) the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone Special Provision 24.211:

Notwithstanding the Parking Area Requirements of Section 5.17.2(b) to the contrary, minimum required parking shall be provided by obstructed parkíng sþaces on two separate driveways on the property within the RM1 Zone, SP 24.211.

OMB order dated December 15, 2017, File No. PL140715 (OPA 118, By-law 26-2017)

Special Provision 24.212

24.212 Notwithstanding the provisions of Section 12.2 to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.212:

In addition to the provisions of Section 12.2, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.212:

Notwithstanding the provisions of Section 5.17.1(a) to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.212:

Parking Area Regulations - Minimum required parking for each individual dwelling unit located within a townhouse building shall be 2.0 parking spaces.

Notwithstanding the provisions of Section 5.17.7(b) to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.212:

Parking Area Location on a Lot - Maximum permitted width of a driveway for a townhouse dwelling lot with a lot frontage of less than 6.7 metres onto a public road with a driveway accessing a private street shall be 5.5 metres or 100% of the lot frontage, whichever is less

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned C2(H) Holding Zone, Special Provision 24.205 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 67-2017 Hamount Investments Ltd

Special Provision 24.213

24.213 Notwithstanding the provisions of Section 11.4 (Regulations for Townhouse Dwellings), the following regulations shall apply to the lands zoned Residential Fifth Density (R5) Zone, Special Provision (SP 24.213):

Notwithstanding the provisions of Section 5.17.1(a) to the contrary, the following regulations shall apply to the lands zoned Residential Fifth Density (R5) Zone, Special Provision (SP 24.213), Holding (H) Symbol:

Parking Space Requirements - Minimum required parking for each individual dwelling unit located within a townhouse building shall be 2.0 parking spaces.

Notwithstanding the provisions of Section 5.17.7(a) to the contrary, the following regulations shall apply to the lands zoned Residential Fifth Density (R5) Zone, Special Provision (SP 24.213), Holding (H) Symbol:

Parking Area Location on a Lot - Maximum permitted width of a driveway for a townhouse dwelling lot with a lot frontage of less than 6.7 metres on a private street shall be 5.5 metres or 100% of the lot frontage, whichever is less.

In instances where adjacent units result with a paired driveway, a landscape strip consisting of granular material or unit pavers, shall be provided for visual separation The landscape strip shall have a minimum width of 0.3 metres on each lot for a combined minimum width of 0.6 metres.

A parking area or shared common element road on the lands zoned Residential Fifth Density (R5) Zone, Special Provision (SP 24.213), Holding (H) Symbol shall be separated from the adjacent R2 and R3 lands by a landscape buffer with a minimum width of 2.0 metres.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 29-2018 31 Town Line

Special Provision 24.214

24.214 Notwithstanding the provisions of Section 12.2, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.214:

Notwithstanding the maximum front yard to the front wall of the dwelling, for lots where the front lot line is not a straight line or where the side lot lines are not parallel, the front wall of the dwelling shall be set back a maximum of 1.0 metre from the garage. Therefore, the maximum front yard to the front wall of the dwelling does not apply.

Notwithstanding Section 5.22 (Yard Encroachments), the following encroachments shall be permitted and apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.214:

1. (a) Unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3.0 metres into the minimum required rear yard;
2. (b) Covered porches and stairs are permitted to encroach a maximum of 3.0 metres into the minimum required front yard; and,
3. (c) Covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum exterior side yard.

Notwithstanding the provisions of Section 12.2, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.214:

Notwithstanding the maximum front yard to the front wall of the dwelling, for lots where the front lot line is not a straight line or is a diagonal line or where the side lot lines are not parallel, the front wall of the dwelling shall be set back a maximum of 1.0 metre from the garage. Therefore, the maximum front yard to the front wall of the dwelling does not apply to Units 19 to 23.

Notwithstanding Section 5.22 (Yard Encroachments), the following encroachments shall be permitted and apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.214:

1. Unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 3.0 metres into the minimum required rear yard, excluding the units abutting Hansen Boulevard;
2. Unroofed, unexcavated, unenclosed decks attached to the main building are permitted to encroach a maximum of 3.0 metres into the minimum required front yard for units abutting Hansen Boulevard;
3. Covered porches and stairs in a rear yard abutting Hansen Boulevard are permitted to encroach to within 0.5 metres of the property line;
4. Covered porches and stairs are permitted to encroach a maximum of 3.0 metres into the minimum required front yard (excluding Unit 23);
5. Covered porches and stairs are permitted to encroach a maximum of 1.0 metre into the required front yard of Unit 23;
6. Covered porches and stairs are permitted to encroach a maximum of 1.5 metres into the minimum exterior side yard.

Notwithstanding the provisions of Section 5.17.1(a) to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.214:

Parking Area Regulations - Minimum required parking for each individual dwelling unit shall be 2.0 parking spaces.

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands zoned C2(H) Holding Zone, Special Provision 24.205 when the Town is satisfied that there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be.

By-law 9-2018 Cachet Developments (Orangeville) Inc.

Special Provision 24.215

24.215 Notwithstanding the provisions of Section 18.1 (Permitted Uses), permitted uses for the property described as Part of Lot 2, Block 4 (Plan 138) (54 Broadway) and zoned Restricted Commercial/Residential (C5) Zone, SP 24.215 shall also include a mixed-use building containing not more than one (1) dwelling unit in a proposed upper storey of the existing commercial building.

Notwithstanding the provisions of Section 18.2, the following regulations shall apply to the lands zoned Restricted Commercial/Residential (C5) Zone, SP 24.215:

By-law 103-2017 54 Broadway

Special Provision 24.216

24.216 Notwithstanding the provisions of Section 18.1 (Permitted Uses), permitted uses for the property described as Lots 3 & 4, Block 10 (Plan 201), save and except Part 3 (Reference Plan 7R2304)(35-37 First Street) and zoned Restricted Commercial/Residential (C5) Zone, SP 24.216 shall also include a converted dwelling house containing not more than six (6) dwelling units within the existing converted dwelling house.

By-law 6-2018 35-37 First Street

Special Provision 24.217

Notwithstanding the provisions of Section 15.1 (Permitted Uses) to the contrary, permitted uses for the property described as Block 9, Plan 7M-68 (515 Riddell Road) shall only include the following.

Permitted Uses

• an automobile service station
• a business or professional office
• a financial establishment
• a medical laboratory
• a nursery school
• a personal service shop
• a recreational establishment
• a restaurant
• a retail store
• a repair, service or rental establishment
• a veterinarian clinic

Notwithstanding the provisions of Section 15.1 and Section 15.2, to the contrary, the following regulations shall apply to the lands zoned Neighbourhood Commercial (C2) Zone, SP 24.217:

By-law 33-2018 515 Riddell Road

Special Provision 24.218

24.218 Notwithstanding the provisions of Section 12.3, to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, SP 24.218:

By-law 32-2019 15 Faulkner St

Special Provision 24.219

24.219 Notwithstanding the provisions of Section 12.1 (Permitted Uses), a fourplex dwelling shall be permitted. The following definition shall apply only to the lands that are subject to Special Provision 24.219:

"DWELLING, FOURPLEX" means a free standing building containing four dwelling units which may be divided vertically or horizontally with each unit having an independent entrance.

Notwithstanding the provisions of Sections 12.3 (2), (3) and (5) of By-law 22-90, as amended, the following provisions shall apply to the lands zoned as Multiple Residential Medium Density (RM1) Zone, Special Provision 24.219:

Notwithstanding the provisions of Section 5.17 1(a) of By-law 22-90, as amended, a minimum of 5 parking spaces shall be provided.

By-law 2020-064 99 Mill Street

Special Provision 24.220

24.220 Notwithstanding the provisions of section s.1T.7(a) and 15.2(6) of By-law 22-90, as amended, the following provisions shall apply to the lands zoned as Neighbourhood Commercial (C2) Zone, Special provision 24.220:

By-law 2020-058 71 Fifth Avenue

Special Provision 24.221

24.221 Notwithstanding the provisions of Section 13 of By-law 22-90, as amended, the following provisions shall also apply to the lands zoned as Multiple Residential High Density (RM2) Zone, Special Provision 24.221:

Notwithstanding Section 5.17 2(b) the minimum depth of a parking space for an end unit Townhouse Dwelling on a corner rounding shall have an average of 5.5m.

Notwithstanding the minimum required rear yard, unroofed, unexcavated, unenclosed decks and stairs attached to the main building are permitted to encroach a maximum of 2.0 metres into the minimum required rear yard

Holding symbol

The holding symbol may be removed from the lands zoned R1 S.P. 24.68 when the Town is satisfied that

1. there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be;
2. a satisfactory Water Conservation Plan has been submitted, which demonstrates that the development will achieve a minimum twenty percent (20%) reduction in potable water use; and
3. a satisfactory Energy Efficiency Assessment has been submitted, which demonstrates that the development will achieve a minimum ten percent (10%) energy savings in exceedance of applicable building code requirements for new dwelling construction.

By-law 2020-046 (62A, 64, 66 and 68 First Street)

Special Provision 24.222

Notwithstanding the provisions of Section 15.1 (Permitted Uses) permitted uses for the property described as Part of Lots 1 and 2, Block 4, Plan 212 (279 Broadway) and zoned Neighbourhood Commercial (C2) Zone, Special Provision 24.222 shall also include a medical centre

Notwithstanding the provisions of Section 15.2, the following regulations shall apply to the lands zoned Neighbourhood Commercial (C2) Zone, Special Provision 24.222.

Notwithstanding the provisions of Section 5.17.1(a) (Parking Space Requirements), the minimum parking requirements for any of the following permitted uses shall be 9 parking spaces:

Permitted Uses

• a business or professional office
• a financial establishment
• a medical laboratory
• a medical centre
• a personal service shop
• a recreational establishment
• a retail store, excluding a variety store
• a repair, service or rental establishment

All other permitted commercial uses in the Neighbourhood Commercial (C2) Zone Special Provision 24.222 shall be subject to the provisions in Section 5.17.1(a) (Parking Space Requirements).

By-law 35-2019 515 Riddell Road

Special Provision 24.223

Permitted Uses

Notwithstanding the provisions of Section 12.1 (Permitted Uses), the following uses shall also be permitted in addition to the Permitted Uses of Section 12.1 for the lands zoned Multiple Residential Medium Density (RM1) Zone, Special Provision 24.223:

• a Back-to-Back Townhouse Dwelling
• a Stacked Townhouse Dwelling

For the purposes of this by-law, a Back-to-Back Townhouse Dwelling shall be defined as follows:

"DWELLING, BACK-TO-BACK TOWNHOUSE" means a building containing four or more dwelling units divided by vertical common walls above grade, including a common rear wall, each of which has an independent entrance, either directly or through a common vestibule.

Townhouse Dwellings

Notwithstanding the provisions of Section 12.2 (Townhouse Dwellings on a Public Street) to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, Special Provision 24.223:

Back-to-Back Townhouses

Notwithstanding the provisions of Section 12.2 (Townhouse Dwellings on a Public Street) to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone , Special Provision 24.223:

Stacked Townhouses

Notwithstanding the provisions of Sections 12 .3(4), 12.3(6) and 12.3(7) (Other Permitted Residential Uses) to the contrary, the following regulations shall apply to the lands zone Multiple Residential Medium Density (RM1) Zone, Special Provision 24.223:

Multiple Dwellings

Notwithstanding the provisions of Sections 2.84, 12.3(3), 12.3(4), 12 .3(5), 12.3(6), and 12.3(7) (Other Permitted Residential Uses) to the contrary, the following regulations shall apply to the lands zoned Multiple Residential Medium Density (RM1) Zone, Special Provision 24.223:

Regulations for All Lands in the Multiple Residential Medium Density (RM1) Zone, Special Provision 24.223

The following regulations shall apply to all the lands zoned Multiple Residential Medium Density (RM1) Zone, Special Provision 24.223

Maximum Density

1. Maximum density: 99 units per hectare

Parking Area Regulations

In addition to the provisions of Section 5.17.1 (a) (Parking Space Requirements), the following regulations shall apply:

1. For stacked townhouse dwellings, an additional 0.20 parking spaces per dwelling unit shall be provided for visitor parking spaces.

Yard Encroachments

Notwithstanding the minimum required front, exterior side, interior side and rear yards, the following encroachments are permitted:

1. An enclosed or unenclosed porch, deck, associated stairs or balcony may encroach on the minimum front yard and rear yard requirement up to a combined maximum distance of 2.5 metres;
2. An enclosed or unenclosed porch and associated stairs may encroach on the minimum exterior side yard requirement up to a maximum of 1.5 metres; and,

Holding Symbol

The Holding Symbol (H) shall only be removed from all or a portion of the lands when the Town is satisfied that:

1. there is sufficient water supply and sewage treatment capacity to service the development or portion thereof as the case may be; and
2. plans to fully service and develop the lands have been submitted and approved by the Town.

By-law 2021-058 Orangeville Highlands