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Oshawa Airport Zoning Regulations (SOR/85-358)

Regulations are current to 2024-03-06

Oshawa Airport Zoning Regulations

SOR/85-358

AERONAUTICS ACT

Registration 1985-04-18

Regulations respecting zoning at Oshawa Airport

P.C. 1985-1244 1985-04-18

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 6Footnote * of the Aeronautics Act, is pleased hereby to approve the annexed Regulations respecting zoning at Oshawa Airport, made by the Minister of Transport.

Short Title

 These Regulations may be cited as the Oshawa Airport Zoning Regulations.

Interpretation

  •  (1) In these Regulations,

    airport

    airport means Oshawa Airport in the vicinity of Oshawa in the Regional Municipality of Durham, in the Province of Ontario; (aéroport)

    airport reference point

    airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport)

    approach surface

    approach surface means the imaginary inclined plane more particularly described in Part II of the schedule that extends upward and outward from each end of each strip associated with runways designated 12-30 and 04-22 of the airport; (surface d’approche)

    Minister

    Minister means the Minister of Transport; (ministre)

    outer surface

    outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part III of the schedule; (surface extérieure)

    strip

    strip means the rectangular portion of the landing area of the airport including the runway prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part IV of the schedule; (bande)

    transitional surface

    transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. (surface de transition)

  • (2) For the purposes of these Regulations, the assigned elevation of the airport reference point is 135 m above sea level.

Application

 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of the airport, which lands are more particularly described in Part VI of the schedule.

General

 No person shall erect or construct, on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point

  • (a) the approach surface of any strip;

  • (b) the outer surface; or

  • (c) the transitional surface.

Natural Growth

 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 4(a) to (c), the Minister may make a direction that the owner or occupier of the land on which that object is growing remove the excessive growth.

Disposal of Waste

 No owner or occupier of any land to which these Regulations apply shall permit that land or any part of it to be used for the disposal of any waste that is edible by or attractive to birds.

SCHEDULE(s. 2 and 3)

PART IDescription of the Airport Reference Point

The airport reference point, shown on Oshawa Airport Zoning Plan No. 18-013-80-58, Sheet 5, dated June 28, 1984, is a point distant 49.13 m measured southerly at right angles to the centre line of runway 12-30 from a point distant 518.62 m measured westerly along the said centre line from the easterly end of said runway.

PART IIDescription of the Approach Surfaces

The approach surfaces, shown on Oshawa Airport Zoning Plan No. 18-013-80-58, Sheets 1 to 13, dated June 28, 1984, are surfaces abutting each end of the strips associated with the runways designated 12-30 and 04-22 and are described as follows:

  • (a) a surface abutting the end of the strip associated with runway approach 12 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 15 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m measured vertically above the elevation at the end of the strip;

  • (b) a surface abutting the end of the strip associated with runway approach 30 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 15 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m measured vertically above the elevation at the end of the strip;

  • (c) a surface abutting the end of the strip associated with runway approach 04 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 2 500 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 325 m from the projected centre line; said imaginary horizontal line being 50 m measured vertically above the elevation at the end of the strip; and

  • (d) a surface abutting the end of the strip associated with runway approach 22 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip distant 2 500 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 325 m from the projected centre line; said imaginary horizontal line being 50 m measured vertically above the elevation at the end of the strip.

PART IIIDescription of the Outer Surface

The outer surface, shown on Oshawa Airport Zoning Plan No. 18-013-80-58, Sheets 1 to 9 inclusive, dated June 28, 1984, is an imaginary surface located at a common plane established at a constant elevation of 45 m above the assigned elevation of the airport reference point except where that common plane is less than 9 m above the surface of the ground, the imaginary surface is located at 9 m above the surface of the ground.

PART IVDescription of the Strips

The strips, as shown on Oshawa Airport Zoning Plan No. 18-013-80-58, Sheet 5, dated June 28, 1984, are described as follows:

  • (a) the strip associated with runway 12-30 being 300 m in width, 150 m on each side of the centre line of the runway and 1 416 m in length; and

  • (b) the strip associated with runway 04-22 being 150 m in width, 75 m each side of the centre line of the runway, and 1 050 m in length.

PART VDescription of Each Transitional Surface

Each transitional surface, shown on Oshawa Airport Zoning Plan No. 18-013-80-58, Sheets 1, 2, 4, 5, 6 and 8, dated June 28, 1984, is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and the centre line produced of each strip extending upward and outward from the lateral limits of each strip and its approach surfaces to an intersection with the outer surface or another transitional surface of an adjoining strip.

PART VIDescription of the Lands to Which These Regulations Apply

The boundary of the outer limits of lands, shown on Oshawa Airport Zoning Plan No. 18-013-80-58, Sheets 1 to 13, dated June 28, 1984 are described as follows:

Commencing at the southwesterly corner of Lot 24 Concession 3 in the geographic Township of Whitby, now in the Municipality of the Town of Whitby;

THENCE northerly along the western boundary of Lot 24 Concession 3 to the northwesterly corner thereof;

THENCE easterly along the northern boundary of said Lot 24 Concession 3 to the intersection with the production southerly of the western boundary of Lot 24 Concession 4;

THENCE northerly in a straight line across the road allowance between Concession 3 and Concession 4 along the said production to the southwesterly corner of Lot 24 Concession 4;

THENCE northerly along the western boundary of Lot 24 Concession 4 to the intersection with the southwesterly limit of approach surface 12;

THENCE northwesterly along the southwesterly limit of approach surface 12 on an azimuth of 281°03′30″ to the southwesterly corner of said approach surface, the co-ordinates of which are 4 868 179.857 N., 653 267.056 E.;

THENCE northeasterly along the northwesterly limit of approach surface 12 on an azimuth of 19°35′21″ to the northwesterly corner of said approach surface, the co-ordinates of which are 4 872 701.773 N., 654 876.274 E.;

THENCE southeasterly along the northeasterly limit of approach surface 12 on an azimuth of 118°07′12″ to the intersection with the northern boundary of Lot 21, Concession 4;

THENCE easterly along the northern boundary of Lot 21 Concession 4 to the northeasterly corner thereof;

THENCE easterly in a straight line across the road allowance between Lot 20 and Lot 21 Concession 4 to the northwesterly corner of Lot 20 Concession 4;

THENCE northerly in a straight line across the road allowance between Concession 4 and Concession 5 to the southwesterly corner of Lot 20 Concession 5;

THENCE northerly along the western boundary of Lot 20 Concession 5 to a point in the said boundary, distant 1 110 m measured northerly thereon from the southwesterly corner of the said Lot 20 Concession 5;

THENCE easterly in a straight line across Lot 20 and Lot 19 in Concession 5 to a point in the eastern boundary of Lot 19 Concession 5, distant 1 110 m measured northerly thereon from the southeasterly corner of the said Lot 19 Concession 5;

THENCE easterly in a straight line across the road allowance between Lots 18 and 19 Concession 5 to a point in the western boundary of Lot 18 Concession 5, distant 1 110 m measured northerly thereon from the southwesterly corner of the said Lot 18 Concession 5;

THENCE easterly in a straight line across Lot 18 Concession 5 in the geographic Township of Whitby to a point in the eastern boundary of the said Lot 18 Concession 5, (being also the boundary between the geographic Township of Whitby and the geographic Township of East Whitby), which said point is distant 1 110 m measured northerly thereon from the southeasterly corner of the said Lot 18 Concession 5;

THENCE easterly in a straight line across Lot 17 Concession 5 in the geographic Township of East Whitby to a point in the eastern boundary of the said Lot 17 Concession 5, distant 1 110 m measured northerly thereon from the southeasterly corner of the said Lot 17 Concession 5;

THENCE easterly in a straight line across the road allowance between Lots 16 and 17 in Concession 5 to a point in the western boundary of Lot 16 Concession 5, distant 1 110 m measured northerly thereon from the southwesterly corner of the said Lot 16 Concession 5;

THENCE easterly in a straight line across Lot 16 and Lot 15 Concession 5 to a point in the eastern boundary of Lot 15 Concession 5, distant 1 110 m measured northerly thereon from the southeasterly corner of the said Lot 15 Concession 5;

THENCE easterly in a straight line across the road allowance between Lot 14 and Lot 15 Concession 5 to a point in the western boundary of Lot 14 Concession 5, distant 1 110 m measured northerly thereon from the southwesterly corner of the said Lot 14 Concession 5;

THENCE easterly in a straight line across Lot 14 and Lot 13 Concession 5 to a point in the eastern boundary of Lot 13 Concession 5, distant 1 110 m measured northerly thereon from the southeasterly corner of the said Lot 13 Concession 5;

THENCE easterly in a straight line across the road allowance between Lot 12 and Lot 13 Concession 5 to a point in the western boundary of Lot 12 Concession 5, distant 1 110 m measured northerly thereon from the southwesterly corner of the said Lot 12 Concession 5;

THENCE easterly in a straight line across Lot 12 and Lot 11 Concession 5 to a point in the eastern boundary of the said Lot 11 Concession 5, distant 1 110 m measured northerly thereon from the southeasterly corner of the said Lot 11 Concession 5;

THENCE easterly in a straight line across the road allowance between Lot 10 and Lot 11 Concession 5 to a point in the western boundary of Lot 10 Concession 5, distant 1 110 m measured northerly thereon from the southwesterly corner of the said Lot 10 Concession 5;

THENCE easterly in a straight line across Lot 10 and Lot 9 Concession 5 to a point in the eastern boundary of Lot 9 Concession 5, distant 1 110 m measured northerly thereon from the southeasterly corner of the said Lot 9 Concession 5;

THENCE southerly along the eastern boundary of Lot 9 Concession 5 a distance of 1 110 m to the southeasterly corner of the said Lot 9 Concession 5;

THENCE southerly in a straight line along the production southerly of the eastern boundary of the said Lot 9 Concession 5 to the intersection with the southern boundary of the road allowance between Concession 4 and Concession 5;

THENCE easterly along the southern boundary of the said road allowance between Concession 4 and Concession 5 to the northwesterly corner of Lot 8 Concession 4;

THENCE easterly along the northern boundary of Lot 8 and Lot 7 Concession 4 to the northeasterly corner of the said Lot 7 Concession 4;

THENCE southerly along the eastern boundary of the said Lot 7 Concession 4 to a point in the said eastern boundary distant 990 m measured northerly thereon from the southeasterly corner of the said Lot 7 Concession 4;

THENCE easterly in a straight line across the road allowance between Lot 6 and Lot 7 Concession 4 to a point in the western boundary of the said Lot 6 Concession 4, distant 990 m measured northerly thereon from the southwesterly corner of the said Lot 6 Concession 4;

THENCE easterly in a straight line across Lot 6 Concession 4 to a point in the eastern boundary of the said Lot 6 Concession 4, distant 990 m measured northerly thereon from the southeasterly corner of the said Lot 6 Concession 4;

THENCE southerly along the eastern boundary of the said Lot 6 Concession 4 a distance of 990 m to the southeasterly corner of the said Lot 6 Concession 4;

THENCE southerly in a straight line along the production southerly of the eastern boundary of Lot 6 Concession 4, across the road allowance between Concession 3 and Concession 4 to the intersection with the southern boundary of the said road allowance between Concession 3 and Concession 4;

THENCE easterly along the southern boundary of the said road allowance between Concession 3 and Concession 4 to the northeasterly corner of Lot 5 Concession 3;

THENCE southerly along the eastern boundary of Lot 5 Concession 3 to the southeasterly corner of the said Lot 5 Concession 3;

THENCE southerly in a straight line across the road allowance between Concession 2 and Concession 3 to the northeasterly corner of Lot 5 Concession 2;

THENCE southerly along the eastern boundary of Lot 5 Concession 2 to the intersection with the northeasterly limit of approach surface 30;

THENCE southeasterly along the northeasterly limit of approach surface 30 on an azimuth of 101°03′30″ to the northeasterly corner of said approach surface, the co-ordinates of which are 4 862 169.453 N., 684 472.173 E.;

THENCE southwesterly along the southeasterly limit of approach surface 30 on an azimuth of 199°35′21″ to the southeasterly corner of said approach surface, the co-ordinates of which are 4 857 647.537 N., 682 862.954 E.;

THENCE northwesterly along the southwesterly limit of approach surface 30 on an azimuth of 298°07′12″ to the intersection with the western boundary of Central Park Boulevard North as widened by a plan registered in the Land Registry Office for the Registry Division of Durham as No. 385;

THENCE southerly along the western boundary of Central Park Boulevard North as widened aforesaid, to the intersection with the northern boundary of King Street East, being also the northern boundary of the road allowance between Concession 1 and Concession 2;

THENCE westerly along the said northern boundary of King Street East to the intersection with the production northerly of the western boundary of Albert Street, the said western boundary of Albert Street being shown on Sheet 19 of the Municipal plan of the City of Oshawa, registered in the said Land Registry Office for the Registry Division of Durham as No. 335;

THENCE southerly along the said production of the western boundary of Albert Street and continuing along the western boundary of Albert Street as shown on the said Sheet 19 of Registered Plan No. 335 to the intersection with the northern boundary of Elm Street;

THENCE westerly along the northern boundary of Elm Street as shown on said Sheet 19 of Registered Plan No. 335 to the intersection with the eastern boundary of Simcoe Street, the said intersection being also the southwesterly corner of Lot 29 according to a plan filed in the said Land Registry Office as No. H-50005;

THENCE westerly in a straight line to the intersection of the western boundary of Simcoe Street with the northern boundary of Gibb Street as widened by City of Oshawa By-Law No. 3060 across Lot 15, on Sheet 21 of said Registered Plan No. 335;

THENCE westerly along the said widened boundary of Gibb Street to the intersection with the western boundary of the said Lot 15, Sheet 21 being also the easterly boundary of Centre Street according to a plan registered in the said Land Registry Office as No. 47;

THENCE westerly in a straight line to the intersection of the western boundary of Centre Street with the northern boundary of Gibb Street according to said Registered Plan No. 47;

THENCE westerly along the northern boundary of Gibb Street as shown on Sheets 21 and 23 of said Registered Plan No. 335 to the intersection with the easterly boundary of Park Road, the said intersection being also the southwesterly corner of Lot 16 according to a plan registered in the said Land Registry Office as No. 193;

THENCE westerly in a straight line to the intersection of the western boundary of Park Road with the existing northern boundary of Gibb Street across Lot 866 and Lot 827, both according to a plan registered in the said Land Registry Office as No. 178;

THENCE westerly along the said existing northern boundary of Gibb Street across Lots 866 and 827, Registered Plan No. 178 to the intersection with the eastern boundary of Montrave Avenue according to said Registered Plan No. 178;

THENCE westerly in a straight line to the intersection of the western boundary of said Montrave Avenue and the existing northern boundary of Gibb Street across Block A according to a plan registered in the said Land Registry Office as No. 365;

THENCE westerly along the existing northern boundary of Gibb Street across Block A, registered Plan 365 and continuing along the existing northern boundary of Gibb Street across Lot 14 Concession 1 to the intersection with the western boundary of said Lot 14 Concession 1, being also the easterly boundary of the Road Allowance between Lot 14 and Lot 15 Concession 1 known as Stevenson Road South;

THENCE westerly in a straight line to the intersection of the western boundary of said Stevenson Road South with the northern boundary of the 1′ Reserve on the north side of Gibb’s Street according to a plan registered in the said Land Registry Office as No. 627;

THENCE westerly along the said northern boundary of the 1′ Reserve on the north side of Gibb’s Street Registered Plan 627 and continuing westerly along the northern boundary of said Gibb’s Street to the intersection with the easterly boundary of Waverly Street according to said Registered Plan 627;

THENCE westerly in a straight line to the northeasterly corner of Gibb Street according to a plan registered in the said Land Registry Office as No. 837;

THENCE westerly along the northern boundary of Gibb Street Registered Plan 837 and continuing westerly along the northern boundary of the 1′ Reserve at the west end of Gibb Street according to Registered Plan 837 to the northwesterly corner of the said 1′ Reserve;

THENCE westerly along the existing northern boundary of Gibb Street across Lot 11 according to Sheet 16.B of a plan registered in the said Land Registry Office as No. 357 to the intersection with the western boundary of the said Lot 11, Sheet 16.B being also the eastern boundary of the road allowance between Lot 16 and Lot 17 Concession 1 known as Thornton Road;

THENCE northerly along the western boundary of the said Lot 11, Sheet 16.B to the intersection with the southern boundary of King Street West, the said intersection being also the northwesterly corner of said Lot 11, Sheet 16.B;

THENCE northerly in a straight line across King Street West to the southwesterly corner of Lot 6 according to Sheet 16.C of a plan registered in the said Land Registry Office as No. 370, being a point in the eastern boundary of the road allowance between Lot 16 and Lot 17 Concession 2;

THENCE westerly in a straight line across the road allowance between Lot 16 and Lot 17 in Concession 2 to the southeasterly corner of Lot 5 according to Sheet 17.C of the said Registered Plan 370;

THENCE westerly along the southern boundaries of Lots 5, 4, 2 and 1, all according to said Sheet 17.C of Registered Plan 370, to the southwesterly corner of the said Lot 1, Sheet 17.C, being also a point in the boundary between the geographic Township of East Whitby and the geographic Township of Whitby;

THENCE westerly along the southern boundary of Lot 18 in Concession 2 in the geographic Township of Whitby to the southwesterly corner of said Lot 18 Concession 2;

THENCE westerly in a straight line across the road allowance between Lot 18 and Lot 19 in Concession 2 to the southeasterly corner of Lot 19 in Concession 2;

THENCE westerly along the southern boundary of Lot 19 and Lot 20 in Concession 2 to the southwesterly corner of Lot 20 in Concession 2;

THENCE westerly in a straight line across the road allowance between Lot 20 and Lot 21 in Concession 2 to the southeasterly corner of Lot 21 Concession 2;

THENCE westerly along the southern boundary of Lot 21 and Lot 22 in Concession 2 to the southwesterly corner of Lot 22 in Concession 2;

THENCE northerly along the western boundary of the said Lot 22 Concession 2 to the northwesterly corner of the said Lot 22 Concession 2;

THENCE northerly in a straight line across the road allowance between Concession 2 and Concession 3 to the southwesterly corner of Lot 22 in Concession 3;

THENCE westerly in a straight line across the road allowance between Lot 22 and Lot 23 in Concession 3 to the southeasterly corner of Lot 23 in Concession 3;

THENCE westerly along the southern boundary of Lot 23 and Lot 24 in Concession 3 to the southwesterly corner of Lot 24 Concession 3 being the point of commencement.


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