TOWNSHIP OF ORO-MEDONTE ZONING BY-LAW - County of Simcoe

which the person was first convicted.
Any corporation convicted of a violation of this by-law is liable, at the discretion of the convicting justice,
on first conviction to a fine of not more than $50,000.00 and on a subsequent conviction to a fine of not
more than $525,000.00 for each day or part thereof upon which the contravention has continued after the
day on which the corporation was first convicted.
NON-CONFORMING USES
A non-conforming use is defined as a use that exists on a property but which is not permitted in the zone in
which the property is located. Section 34(9) of the Planning Act states that no zoning by-law can prevent
the use of any land, building or structure for any purpose prohibited by the by-law if such land was
lawfully used on the day of the passing of the by-law, so long as it continues to be used for that purpose.
However, expansions to a legal non-conforming use will require the approval of an amendment to the
zoning by-law or the approval of the Committee of Adjustment before it can occur. Section 5.1 8 of this
by-law deals with this issue.
NON COMPLYING BUILDINGS AND STRUCTURES
A non complying building or structure is a building or structure that does not comply with the yard, setback
or other regulatory provisions in the by-law. For example, if a building was required to have a yard of 10.0
metres from a lot line by this by-law, but had a yard of 6.0 metres from the lot line on the effective date of
the by-law, the building is then considered to be a legal non complying building.
Expansions to the building in the required yard that have the effect of increasing the floor area or volume of
the building or in any other manner increases the extent to which the building does not comply with the
provisions of this By-law is not permitted without first obtaining an amendment to the zoning by-law or the
approval of the Committee of Adjustment. Section 5.1 6.1 of this by-law deals with this issue.
New setbacks from the average high water mark of Lake Simcoe and Bass Lake and the boundaries of the
Environmental Protection Zone have been included in this By-law in order to implement the Official Plan.
It is recognized that many existing buildings, structures and septic systems may not comply with these new
setbacks. As a result, existing buildings, structures and septic systems that are located in this setback area
will be permitted in this setback area. However, expansions to a building, structure or septic system that
have the effect of reducing the setback will not be permitted without first obtaining an Amendment to the
Zoning By-law or the approval of the Committee of
Adjustment. Section 5.28 of this By-law deals with this issue. New buildings, structures and septic
systems will be required to comply with the new setback requirements.
EFFECTIVE DATE OF BY-LAW
Sections 34(21) and 34(30) of the Planning Act states that a by-law comes into effect on the date it is
passed if no appeals are received or, if they are received, they are disposed of by the Ontario Municipal
Board. However, if the Ontario Municipal Board repeats a portion of the By-law or amends a portion of
the by-law, the amended portion comes into effect on the date of the Board's order. Other portions of the
by-law that were not subject to an appeal would then be in effect on the date the by-law was passed.
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