It is the purpose of the Port Dalhousie Neighbourhood Plan to provide a framework for the development and redevelopment of the Port Dalhousie Neighbourhood as delineated on Schedule 16-A. In keeping with the overall goals of this Plan, to further the development of an orderly and attractive urban pattern in the Port Dalhousie Neighbourhood, the following objectives are established in support of this goal.

1. To encourage the retention and rehabilitation of existing housing stock in the Port Dalhousie Area.
2. To provide a range of housing types of various income levels.
3. To ensure that the character of the Commercial Core is maintained and protected and at the same time, ensure that the Commercial Core does not encroach into the adjacent residential areas.
4. To maintain and reinforce the atmosphere and character which has developed in the Commercial Core.
5. To enhance the streetscape and pedestrian amenities of the Commercial Core through such means as tree planting, improved lighting and street furniture.
6. To maintain the present accessibility to neighbourhood parks by adjacent residents and to ensure that any future developments in the Port Dalhousie area respect the optimum radius of 400 metres as set out in the Official Plan.
7. To increase the supply of active recreational facilities in the Port Dalhousie Area.
8. To maintain a safe and orderly flow of traffic on the major arterial roads connecting Port Dalhousie to other parts of the City.
9. To maintain the privacy and amenity of residential areas.
10. To provide adequate parking facilities in the Port Dalhousie Commercial Core.
11. To institute a bicycle path and pedestrian walkway system through the Port Dalhousie area.
12. To reduce the danger to life and property along the watercourses in Port Dalhousie.
13. To maximize the amount of public open space along the Lake Ontario Shore- line for City-wide recreational use and to reduce the problems of erosion.
14. To conserve individual buildings of historic or architectural value.
15. To protection areas of historic or architectural interest in Port Dalhousie.

LAND USE RELATED POLICIES
In order to guide the spatial distribution of land uses and activities in the Port Dalhousie Neighbourhood and to further the development of a functional and attractive Neighbourhood environment, a general pattern for land use shall be established as shown on Schedule 16-A "Land Use Designations" shall be used to guide development and redevelopment for the purposes of achieving a complementary integration of land uses and activities, as well as other stated objectives of the Port Dalhousie Neighbourhood Plan.

GENERAL POLICIES
16.1 Port Dalhousie is a diverse area containing low-rise residential areas, a unique commercial area which was formerly the Central Business District for the Town of Port Dalhousie, a city-wide park (Lakeside Park) and the Port Dalhousie Harbour. It is the policy of Council to recognize this diversity of land uses and to encourage and improve the compatibility of each.

16.2 The Port Dalhousie Neighbourhood is a community with areas of historic and architectural significance. It is the policy of this Plan to conserve this character and improve the environment of Port Dalhousie through the enhancement of particular streetscapes and promotion of certain building types. The Harbour area shall also be improved. The neighbourhoods adjacent to the Commercial Core shall be protected from the negative effects of traffic and parking related to the commercial uses in the Core Area.

16.3 A significant portion of Port Dalhousie consists of low-scale detached and semi-detached houses. Council shall encourage the retention and restoration of such houses and shall regard these as particularly appropriate for families.

16.4 Retail and service uses, primarily serving a local market and including components of housing, shall be encouraged to locate in the area designated for such uses along Main Street, with regional retail uses concentrated in the area designated as the Commercial Core.

16.5 Port Dalhousie has at present, a sufficient amount of Neighbourhood parkland to serve the needs of the area residents, as well as, unique natural areas such as Martindale Pond and Lake Ontario where increased public recreation may be obtained. There is, however, a high proportion of neighbourhood parkland devoted to passive recreational use. Council should encourage the development of additional active recreational facilities to meet the present and future needs of the Port Dalhousie Neighbourhood.

HOUSING POLICIES
16.6 It is a policy of Council to encourage the retention and rehabilitation of existing housing stock in the Port Dalhousie area.

16.6.1 It shall be the City´s policy to investigate any complaints with regard to property maintenance and to take action when necessary to enforce the Maintenance and Occupancy Standards by-law.

16.6.2 The City will promote property maintenance by encouraging the citizens of Port Dalhousie to take advantage of Federal and/or Provincially sponsored rehabilitation programs and by offering technical assistance to persons interested in rehabilitating their homes.

16.7 The City will encourage the retention and modification of existing housing and development of new housing in appropriate areas suitable for a variety of household types.

16.7.1 The production of "Assisted Housing" which includes a range of housing programs sponsored by Canada Mortgage and Housing Corporation, and/or the Ministry of Housing will be encouraged where appropriate.

16.7.2 In particular, this Plan will encourage the production of Senior Citizen Housing.

16.7.3 Senior Citizen housing units in a multiple attached form will be permitted only through specific application and amendment to the Zoning By-law.

16.7.4 When reviewing requests for multiple attached Senior Citizen Units regard will be had to the following criteria:

a) The site is located close to public transit facilities and social facilities;

b) Prior to amending the By-law to permit multiple attached assisted housing, consideration shall be given to the adequacy of municipal engineering services such as roads, storm and sanitary sewers, water supply, buffer planting or screening;

c) They are located in close proximity to an arterial road;

d) They are within the Main Street Mixed Residential Area or the Western Residential Area.

16.8 Housing in the Port Dalhousie neighbourhood as subdivided into the following residential areas (as delineated on Schedule 16-A of this Plan) in accordance with their physical characteristics: Main Street Mixed Residential Area, North Main Low-Rise Residential Area, The Cottage Residential Area, and the Western Residential Area.

16.8.1 In addition to the above mentioned residential areas, this Plan will permit the construction of a limited number of residential units located above or behind commercial uses in the Commercial Core and the Convenience Commercial.

MAIN STREET MIXED RESIDENTIAL AREA
16.10 The Main Street Mixed Residential Area shall be recognized as a residential area of predominantly low-rise residential dwelling units, with a mixture of institutional and ancillary retail activities.

16.11 In the Main Street Mixed Residential Area a number of uses shall be recognized as permitted uses under the Zoning By-law, including:

a) single attached dwellings;
b) semi-detached and duplex dwellings;
c) converted dwelling units;
d) apartments in accordance with Section 16.12;
e) commercial uses as set out in Section 16.13;
f) existing institutional uses, as per policies 16.55.1 and 16.55.2.

16.11.1 Institutional uses and community facilities may be permitted by way of an amendment to the Zoning By-law as set out in Section 16.55 and 16.56 .

16.12 Medium density residential units may be permitted in the Main Street Mixed Residential Area only by way of an amendment to the Zoning By-law, and in reviewing the request for an amendment to the Zoning By-law, consideration shall be given to the following compatibility criteria:

16.12.1 Any such building will not have a significant adverse affect on the conditions of residential amenity of the neighbourhood, having particular regard to the expected increase in vehicular traffic which may result;

16.12.2 Any such building will be similar to the existing streetscape, including such aspects as setbacks and roof-line and in particular, with respect to maintaining a house-form appearance (where such is the predominant characteristic of the existing streetscape);

16.12.3 Any such building will be compatible in scale and height with nearby buildings;

16.12.4 That adequate off-street parking is provided and the parking area is adequately buffered so as not to intrude visually on adjacent low density residential properties;

16.12.5 Schemes that include the restoration rather than the destruction of distinctive buildings of architectural merit should be encouraged;

16.12.6 The compatibility of such developments will be ensured through the use of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended (Site Plan Control).

16.13 Residential support services such as local retail and personal service uses presently exist in The Main Street Mixed Residential Area. It is the policy of this Plan to recognize these present uses in the Zoning By-law, but not to allow any future requests for commercial rezonings in this area.

16.13.1 Notwithstanding Policy 2.13, it is the policy of this Plan to recognize the expansion of existing commercial uses provided that in any such expansion special efforts are made to enhance the compatibility of the use with the adjacent environment.

16.13.2 Prior to permitting the expansion of existing commercial uses, the proposed development will be required to conform to the following criteria:

a) The design and appearance of the use, together with screening and buffering, shall be in harmony with the residential character;

b) Adequate parking facilities shall be provided;

c) The compatibility of this development shall be ensured through the use of Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended (Site Plan Control).

16.13.3 In order to restrict the linear sprawl of neighbourhood commercial uses and to recognize the excess amount of commercially zoned land along Main Street, it is the policy of this Plan to amend the Zoning By-law to reduce the amount of land which is presently zoned commercial along Main Street to the area on Land Use Schedule 16-A.

NORTH MAIN LOW-RISE RESIDENTIAL AREA
16.14 The North Main Low-Rise Rehabilitation Area shall be recognized as a stable residential area containing mostly low-rise, low-scale house-form buildings.

16.15 In the North Main Low-Rise Residential Area, a limited number of residential uses shall be recognized as permitted uses under the Zoning By-law, including:

a) single detached dwelling units;
b) semi-detached and duplex dwelling units;
c) converted dwelling units;
d) existing institutional uses, as per policies 16.55.1 and 16.55.2.

16.15.1 Institutional uses and community facilities may be permitted by way of an amendment to the Zoning By-law as set out in Section 16.55 and 16.56.

16.16 The low density residential character of the North Main Residential Area should be protected and upgraded wherever possible.

16.16.1 This shall be accomplished by limiting development in this area to the rehabilitation of existing structures and minor infilling of new structures which will be required to conform to ranges of scale, density and design, which are compatible and complementary to the residential character of these existing neighbourhoods.

The following text was added as O.PA. # 8, approved on September 13, 2000.

16.16.2 Notwithstanding anything contained in the Port Dalhousie Neighbourhood Plan to the contrary, an apartment building shall be permitted on the lands described on Schedule 16-A-2000-179.

THE COTTAGE RESIDENTIAL AREA
16.17 The Cottage Residential Area shall be recognized as a pocket of small single detached units which have a higher than average density, due to much smaller lot sizes and narrow roadways.

16.18 In the Cottage Residential Area a limited number of residential uses shall be recognized as permitted uses under the Zoning By-law including:

a) single detached dwelling units;
b) semi-detached and duplex dwelling units;
c) converted dwelling units.

16.19 While the conservation and rehabilitation of existing residences in the Cottage Residential Area will be encouraged, replacement will be allowed, but new dwellings will be required to be compatible to the height and scale of the existing structures in this area.

THE WESTERN RESIDENTIAL AREA
16.20 The Western Residential Area is the newest residential area in Port Dalhousie and the only area with any large amount of undeveloped land. It is this area that will supply the bulk of new housing to meet future demands.

16.21 In the Western Residential Area a number of residential uses shall be recognized as permitted under the Zoning By-law, including:

a) single detached dwellings;
b) semi-detached and duplex dwellings;
c) multiple attached dwelling units;
d) existing institutional uses, as per Policies 16.55.1 and 16.55.2; and
e) neighbourhood commercial facilities in accordance with Policy 16.38.

16.21.1 Institutional and community facilities may be permitted by way of an amendment to the Zoning By-law as set out in Sections 16.55 and 16.56.

16.22 New units developed in the Western Residential Area will be required to conform to the following criteria:

16.22.1 Semi-detached units will not be developed in large homogeneous pockets, but will be interspersed in varying degrees with single detached dwelling units;

16.22.2 Multiple attached units, when developed, shall be located close to parks and recreational facilities;

16.22.3 To reduce the amount of pedestrian and vehicular traffic channelled through residential areas of lower density, multiple attached units should be located adjacent to arterial roads;

16.22.4 In new plans of subdivision where medium density housing is proposed it shall be situated so as not to be abutting to single detached housing in plans of subdivision registered prior to Council´s adoption of this Plan;

16.22.5 In new developments where medium density housing is proposed adjacent to single family detached housing, buffering will be required;

16.22.6 Residential lots backing onto or flanking upon existing arterial roads or existing or proposed commercial uses shall have sufficient depth or width so that measures can be applied to minimize the adverse effects of excessive noise and air pollution resulting from these uses.

16.22.7 New multiple attached units will be compatible in scale and height with existing residential buildings.

COMMERCIAL POLICIES
16.23 It is the policy of this Plan to permit a range of commercial uses in the Port Dalhousie area to serve the needs of both the local and city population. It is in the intent of this Plan to direct those commercial uses which generally serve a greater, city-wide function to the Commercial Core area, and to limit those commercial uses that serve the local population to the Convenience Commercial area.

16.24 In order to improve the compatibility between commercial and residential areas, buffering and landscaping will be required on commercial properties in areas where they abut residential properties.

COMMERCIAL CORE
16.25 The Commercial Core shall be regarded as a primarily commercial core characterized by retail and service commercial uses located at grade with a minimum setback from the lot line, and with a limited number of apartments located above.

16.26 In the Commercial Core area a number of uses which generally serve a non-local clientele shall be recognized as permitted uses under the Zoning By-law;

a) retail stores;
b) financial institutions;
c) business and professional offices;
d) barber shops and beauty salons;
e) restaurants and taverns, but not drive-in restaurants;
f) dwellings over foregoing uses;
g) buildings or structures accessory to the above.

16.27 It is the policy of this Plan to restrict the development of the Commercial Core to the boundaries shown on Schedule 16-A and restrict the expansion of commercial uses into residential areas except as provided in Section 16.13.

16.28 In order to protect and strengthen the grade-related retail character of the Commercial Core, those commercial functions which do not generate or attract a significant amount of pedestrian traffic or do not require a ground floor location will be encouraged to locate on the upper floors of commercial core buildings.

16.28.1 Similarly, residential uses may be permitted within the Commercial Core provided that there is a commercial component and that such residential uses are located above or behind commercial establishments.

16.29 In order to ensure the compatibility of commercial uses with the adjacent residential community it shall be the policy of this Plan to:

a) Require the provision of off-street parking for new development within the Commercial Core unless Council is satisfied that the development would be adversely affected by the parking requirements as set out in Section 16.65.

b) Encourage the provision of adequate servicing (i.e., loading) in a manner which would minimize traffic congestion and reduce pedestrian hazards.

HISTORIC CHARACTER OF THE COMMERCIAL CORE
16.30 In order to conserve and strengthen the special identity and character of the Commercial Core encouragement shall be given to the protection and enhancement of those properties, buildings and features of architectural, historic and/or landscape value which are located within the Commercial Core. Any new construction, particularly infill development, within the Commercial Core should be sympathetic to the existing built environment in terms of height, mass, colour and materials.

16.31 The present Zoning By-law will be amended to ensure that the standards are compatible with the built form in the Commercial Core.

16.32 Efforts should be made to encourage merchants and property owners in the Commercial Core area to participate in general area improvements.

16.32.1 Efforts should be made to improve the lanes behind the stores in the Commercial Core and encourage the merchants to create rear entrances to their shops.

a) In the design of these rear entrances care should be taken to minimize the conflicts between vehicular and pedestrian traffic. The rear lanes are to be considered as pedestrian routes with limited access for service vehicles.

16.32.2 Council may pass a By-law designating all or part of the Commercial Core area as a business "improvement area" under 220 of The Municipal Act, R.S.O. 1990 c.M.45, to permit the improvement, beautification and maintenance of lands within the Commercial Core by local businessmen.

16.33 Encouragement shall be given to the preparation of a detailed design scheme for the Commercial Core.

a) This design scheme may include a consideration of both the architectural detail and streetscape and the use of textured paving materials, selective plantings, properly scaled and appropriately styled lighting and various rest seating areas with appropriate street furniture, which will add to the appeal of the Commercial Core.

CONVENIENCE COMMERCIAL AREA
16.34 It is the policy of this Plan that the Convenience Commercial Area be considered as a neighbourhood oriented commercial area restricted to neighbourhood serving uses.

16.35 In the Convenience Commercial Area the following uses shall be recognized as permitted uses under the Zoning By-law:

a) Neighbourhood convenience commercial activities which are primarily orientated to the needs of the residential neighbourhood; including, but not necessarily limited to: variety stores, jug milk outlets, pharmacies and personal service shops;

b) Business and professional offices;

c) Dwellings over or behind the foregoing uses.

16.36 New commercial outlets in the Convenience Commercial Area shall be compatible with the adjacent residential areas and their compatibility will be ensured through a Site Plan Agreement under Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended.

16.37 Automobile service stations or centres are not to be permitted in the Convenience Commercial Area.

ADDITIONAL NEIGHBOURHOOD RETAIL FACILITIES
16.38 Consideration may be given to the expansion of neighbourhood commercial facilities at the corner of Martindale Road and Main Street.

16.38.1 This expansion will only be permitted through an amendment to the Zoning By-law.

16.39 Prior to the approval of a development proposal and the passing of a By-law referred to in Section 16.38, consideration will be given to the following development criteria:

a) Council shall be satisfied that there is a market for additional neighbourhood facilities at this location.

i) A market analysis may be required to support the development or redevelopment of a commercial node.

b) The commercial floor area at this site should be limited in size, so as not to affect the adjacent residential areas.

c) Adequate off-street parking shall be required.

d) Extensive buffering shall be required in order to reduce any negative affect which this development may have on abutting residential developments.

e) Council shall be satisfied that adequate municipal services and utilities are available prior to approving any additional commercial facilities at this site.

f) The design, appearance and scale of the development shall be in harmony with the residential character and natural surroundings.

g) The use shall primarily serve the local residential area.

h) Traffic generated shall not detract from the quiet enjoyment of the residential area.

i) Main vehicular access shall not be obtained from the local residential streets.

j) The compatibility of new commercial development shall be ensured through the use of Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended.

PARKS POLICIES
16.40 This Plan will implement the policies of the Official Plan (Parks Policy Plan) as these policies apply to the provision of parks and recreational facilities in Port Dalhousie.

16.41 It is the policy of this Plan that a range of parks and recreation facilities be provided both in active and passive forms to meet the varied recreational needs of the Port Dalhousie residents as well as the broader community and city-wide needs.

16.41.1 Schedule 16-A of this Plan indicates the major present and future park sites in the Port Dalhousie Neighbourhood. This schedule, however, shall not preclude the establishment of additional park sites in any of the other land use designations indicated.

16.42 In order to accommodate the needs and interests of different age groups, the hierarchy of parks, open spaces and recreational facilities as set out in Section 8.15 of the Official Plan, which provides standards for the development of neighbourhood parks and playground, district parks and playfields and city-wide parks and regional open spaces, will be recognized.

16.42.1 Both Cambria and Abbey Mews parks will be recognized as Neighbourhood Parks in this Plan.

16.42.2 Lion´s Park will be recognized as a District Park.

16.42.3 Lakeside Park will be recognized as a City-wide Park providing recreation opportunities on a city-wide basis.

16.43 In accordance with Section 8.10 of the Official Plan (Parks Policy Plan) the Gracefield School and St. Anne School yards shall be recognized as Neighbourhood Parks and Playgrounds and as serving an important function in meeting the recreational requirements of the Port Dalhousie area.

16.44 In keeping with the goals and objectives of the Official Plan parks shall, wherever possible, be upgraded to further the creation of an attractive urban environment consistent with the Garden City image.

NEIGHBOURHOOD PARKS
16.45 It is the policy of Council to ensure the adequate provision of local parks and recreation facilities for the residents of Port Dalhousie through the improvement or increased utilization of existing open space and areas either under-used or not used for park purposes.

16.45.1 The City shall seek the co-operation of the Separate School Board in utilizing and further developing the St. Anne school yard for neighbourhood park facilities.

16.45.2 It is the policy of this Plan to retain Rennie Park as a passive recreational open space which can be further developed as a passive area when demand warrants this development.

16.45.3 To ensure that adequate neighbourhood parkland will exist in the presently undeveloped areas of Port Dalhousie preference shall be given, where feasible, to the acceptance of land as opposed to the cash value of land for parks purposes.

16.45.4 In cases of redevelopment, cash may be accepted in lieu of parkland in accordance with the policies contained in Section 8.1 of the Official Plan which are generally as follows:

a) Where the application of the rate of conveyance would render the remaining portion of the development site unsuitable or impractical for residential development or redevelopment;

b) Where the amount of required parkland would be insufficient to accommodate the development of a desirable range of recreation facilities according to the standards prescribed in the Official Plan.

c) Where existing municipal parklands are available in sufficient quantities to accommodate further development or redevelopment in an area;

d) Where more suitable parcels of land are available for municipal park purposes.

16.46 It is a policy of this Plan to increase the amount of active recreational facilities in Port Dalhousie to meet Neighbourhood needs.

16.46.1 An area be set aside, planned and developed in Lakeside Park for playground equipment aimed primarily at satisfying the recreational needs of small children.

16.47 Neighbourhood Parks shall be developed in accordance with the standards set down for Neighbourhood Parks in Section 8.2.2.1 of the Official Plan which outlines in detail the function, size, location and type of facilities required for Neighbourhood Parks.

DISTRICT PARKS
16.48 It is the policy of this Plan that additional land be acquired and added to the existing District Park (Lion´s Park) to bring this facility to the minimum size for a district park, as specified in the City´s Official Plan.

16.49 The Lion´s Park facility shall be developed as a focal point for organized and non-organized sports, athletic activities and casual recreation as set out in Section 8.2.2.2(f) of the Official Plan (Parks Policy Plan).

CITY-WIDE AND REGIONAL OPEN SPACES
16.50 To maximize the amount of public open space along the Lake Ontario Shoreline, it shall be a policy of this Plan to retain Lakeside Park as public open space. Should Lakeside Park be considered surplus to the needs of the Federal Government, the City shall undertake negotiation for its purchase.

16.51 The City shall seek the continued co-operation of private groups such as service clubs, in the provision and development of recreational facilities to meet the needs of the general public.

16.52 This Plan recognizes the recreational potential of Martindale Pond and Richardson´s Creek and the existing use thereof by the Rowing Fraternity.

16.52.1 Recognizing that the vacant areas in the Western Residential Area are the last remaining undeveloped parcels of land in the City having shoreline frontage on Martindale Pond, it shall be a policy of this Plan to seek the parkland dedication in areas that would maximize public access to the shoreline of Martindale Pond.

16.52.2 A comprehensive development plan shall be prepared for Martindale Pond and Richardson´s Creek. This plan shall establish guidelines for the future use and development of these areas based on the following principles:

a) The preservation of the shoreline and adjacent lands for public recreation;

b) The preservation of and the accommodation for the future needs of the existing use of these waterways by organized rowing;

c) To explore the recreational potential of the Richardson´s Creek area, lying to the south of Martindale Road.

16.53 This Plan recognizes the importance of the rowing facilities on Martindale Pond to the City of St. Catharines and the national and international status of the Regattas which are staged thereon. It is a primary policy of Council that their importance and the international recognition which they bring to the City be preserved.

INSTITUTIONS AND COMMUNITY FACILITIES
16.54 Institutional uses shall be regarded as those which, because of their use and location, fulfil a social role in the neighbourhood or are planned to do so. They may include a range of community services and facilities such as, but not limited to, elementary schools, day care facilities, public libraries, public halls and churches and their associated facilities.

16.55 In order to ensure an adequate review of proposed development, institutional uses will only be permitted through an amendment to the Zoning By-law.

16.55.1 Institutional uses which were in existence prior to the passing of this Plan shall be recognized as permitted in the Zoning By-law.

a) In addition, it is the policy of this Plan to recognize the expansion of existing institutional uses beyond their present boundaries provided that in any such expansion special efforts are made to enhance the compatibility of the use with the adjacent residential uses.

16.55.2 In interpreting what is compatible, uses will be judged according to the following:

a) That an adequate buffering and open space area can be provided to protect the surrounding existing development; and

b) That an adequate amount of off-street parking can be provided to serve the particular use, while retaining sufficient usable yard space to maintain the visual characteristics of a residential area.

16.56 Because of potential traffic and parking problems, new schools, places of worship and major institutions shall be located on arterial roads with lot areas sufficient to provide sufficient off-street parking.

a) Buffering and other screening techniques shall be required where an institutional use abuts a residential area;

b) The compatibility of new institutional development shall be insured through the use of Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended.

TRAFFIC, PARKING AND CIRCULATION
16.57 It is the policy of Council to deal with traffic, parking and circulation in the Port Dalhousie area in such a manner as to:

a) Minimize the traffic conflicts which result from the proximity of the residential areas to the Commercial Core;

b) Ensure the privacy and amenity of local residential streets;

c) Maintain a smooth flow of traffic on the major arterial roads connecting Port Dalhousie to other parts of the City;

d) Promote the safe and efficient movement and storage of vehicles; and

e) Encourage a high level of public transit use.

16.58 In order to ensure the provision of a hierarchy of roads that will adequately accommodate the volumes of traffic that are expected and minimize conflicts between local and through traffic, as set out in Section 11 of the Official Plan, this Plan will recognize the classification of roads according to their function.

16.58.1 In accordance with the above policy, Main Street, Lock Street, Martindale Road and Lakeport Road shall be considered as arterial roads within the context of the Plan.

16.59 No other street will be upgraded through improvement or reconstruction to a higher order roadway without an amendment being made to this Plan.

16.60 In order to reduce the amount of traffic on local streets which would preserve the amenity of the residential areas, through traffic should be restricted in new residential development by:

a) Minimizing the number of through streets in the design of neighbourhoods; and

b) Employing curvilinear patterns in the residential street plans, as well as crescent layouts, in order to reduce direct and straight road connections.

16.61 To preserve the traffic carrying ability of Martindale Road and Main Street and to ensure the safety and amenity of adjacent residential areas, reverse frontage lots or other forms of restricted access should be employed for new development along this roadway.

16.62 Based on the number, frequency and costs of accidents, that section of Lakeport Road between Lakeshore Road and Lock Street has been identified as being safety-deficient. Accordingly, Council shall request the Region to consider implementing road widenings in this section of road to improve the alignment. Road widenings in this section of road shall be sympathetic to a desire to retain an attractive entrance to the community.

16.63 It is a policy of this Plan to investigate traffic improvement options for the Commercial Core area including the institution of a one-way traffic system as indicated in the Appendix of this Plan.

PUBLIC TRANSIT
16.64 The present standards of transit service will be maintained and, where possible, improved.

16.64.1 Council shall continue to encourage the Transit Commission to make transit services more attractive, especially to those commuting to the Central Business District and other major employment areas.

PARKING
16.65 Adequate parking facilities will be required for any new development, redevelopment or expansion within the Commercial Core as set out in the Zoning By-law.

16.65.1 Where Council is satisfied that a development in the Commercial Core would be adversely affected by the parking requirements, consideration shall be given to the provision of required off-street parking within 100m of the subject property.

16.66 Council shall undertake a study of the parking resources and problems in the Port Dalhousie area, and examine its parking policies as they apply to the neighbourhood. Accordingly, the study shall investigate:

a) The acceptance of cash-in-lieu payments by the Municipality in situations where it is difficult for a developer to provide parking and Council is satisfied that the development would be adversely affected by the parking requirements;

b) The possibility of designating the Commercial Core under paragraph 56 of Section 207 of The Municipal Act, R.S.O. 1980 as a "defined area" against which the annual capital and operating costs of a municipal parking lot(s) may be levied;

c) If on-street parking facilities within the Commercial Core should be limited primarily to short-term parking in order to encourage a high turnover;

d) If the municipality should become involved in providing long-term or all day parking facilities on the periphery of the Commercial Core in areas such as Lakeside Park and Lockhart Point;

e) Whether a charge should be made for municipally-owned parking facilities;

f) Whether or not on-street parking should be allowed on roadways having a pavement width of less than 8.5 m; and

g) Examine the parking requirements for the Neighbourhood Convenience Area.

16.67 It shall be the policy of this Plan to require the screening of off-street parking facilities from adjacent residential areas by appropriate landscaping, fencing or other means.

16.68 It is the policy of this Plan to reduce the level of congestion within the Commercial Core Area through the retention of laneways and loading areas which provide access of commercial vehicles to retail stores, as similarly set out in Policy 16.32.1(a).

BICYCLE PATHS AND PEDESTRIAN WALKWAYS
16.69 Council through its Parks and Recreation Department, shall seek the co-operation of the Niagara Peninsula Conservation Authority, the Ministry of Culture and Recreation, the Welland Canals Preservation Association and any other group or agency which has an interest in implementing the proposed pathway system indicated on Schedule 16-B. The pathway system indicated on Schedule 16-B is diagrammatic only. The exact location of the pathway will be determined as it is implemented.

16.70 It shall be the policy of this Plan to separate motorized vehicular traffic from pedestrian traffic where appropriate.

16.71 Bicycle paths should be developed to connect neighbourhood residential areas with neighbourhood schools and parks, as well as providing opportunities for cyclists and pedestrians to be linked with regional facilities such as Lakeside Park and the Port Dalhousie Harbour.

16.71.1 In new residential developments, regard should be had to the establishment of pedestrian walkways as depicted on Schedule 16-B.

16.71.2 Pedestrian walkways and bicycle paths should, where possible, make use of public rights-of-way.

ENVIRONMENTAL PROTECTION POLICIES
16.72 The Environmental Protection Areas shall be recognized as areas having inherent environmental hazards, such as poor drainage, organic soils, flood susceptibility, erosion, steep slopes or any other physical condition which, through inappropriate use of these areas, could lead to degradation of the environment.

16.73 Uses to be permitted in the Environmental Protection Areas shall be limited to those which will not be appreciably damaged by flood waters, such as agriculture, conservation, horticultural nurseries, forestry, wild life uses, public and private parks, golf courses and other outdoor recreational activities.

a) Environmental areas are those set out on Schedule 16-A of this Plan.

16.74 Existing structures located in the Environmental Protection Area will not be permitted to expand unless the written approval is obtained from the Niagara Peninsula Conservation Authority. New structures will be restricted to those intended for flood or erosion control unless permission can be obtained from the Conservation Authority.

16.75 Where new development is occurring adjacent to an Environmental Protection Area, an adequate dedication shall be required from the top of the bank of the open watercourse to the nearest property line of lands to be developed for the maintenance of open watercourses. Wider margins may be required where the movement of maintenance vehicles would be inhibited by topography or vegetation.

LAKE ONTARIO SHORELINE
16.76 The Environmental Protection Area (EPA) boundary along the Lake Ontario shoreline represents the 100 year erosion limit as set out on Schedule 16-A.

16.76.1 New structures proposed for this area must be sufficiently set back to ensure a normal building lifespan of 100 years.

16.76.2 The minimum setback required where protective work is satisfactorily completed shall be determined by an acceptable engineering analysis.

a) Setbacks shall be determined in consultation with the Ministry of Natural Resources and/or the Conservation Authority.

16.77 In the event that a private owner requests the assistance of the City in protecting private property from erosion, the City may consider protection of private property in return for a right-of-way granting public access to the shoreline. The size of the right-of-way will be determined by the slope of the Lake Ontario bluffs and the extent of protection required.

16.78 It is the policy of Council to maintain and develop lands along the Lake Ontario shoreline in accordance with the general principles set out in Section 8.9.4.3 of the Official Plan which include:

a) Maximizing the amount of public open space along the Lake Ontario shoreline for city-wide recreational use; and

b) Resolving the problems of public accessibility, continuity, shoreline erosion and degradation of the natural environment.

16.79 It is the policy of this Plan to maintain, identify (through signage) and upgrade the existing pedestrian access points and stairways to the Lake Ontario shoreline to acceptable levels.

16.79.1 Schedule 16-B indicates those locations having facilities for pedestrian access to the Lake Ontario shoreline, and where access should be maintained.

PORT DALHOUSIE HARBOUR AREA
16.80 The lands indicated on Schedule 16-A as "Port Dalhousie Harbour Area" are recognized as an important resource to the City of St. Catharines. It is characterized by the existence of both public and private marina facilities and canal related resources from the Second and Third Welland Canals.

16.80.1 The land within the Port Dalhousie Harbour Area was formerly included in the "Environmental Protection Area" designation of the Official Plan and may have inherent environmental hazards. For this reasons development and redevelopment within this designation will require the approval of the Niagara Peninsula Conservation Authority having jurisdiction in the area.

16.81 The uses permitted in the Harbour area shall include those associated with the operation of a Marina, as well as certain commercial activities catering to the needs of the recreational boaters.

16.81.1 It shall be policy of this Plan to prohibit the establishment of industrial uses in the Port Dalhousie Harbour Area unless these industrial facilities are related to the operation of a Marina (e.g., the storage and repair of boats).

a) The property known as Lincoln Fabrics is recognized as an existing use. The general intent is that this use should cease to exist on that property in the long-term and the property should revert to an alternative use. Consideration, however, may be given to the enlargement of the industry on this site, provided it:

i) does not jeopardize the desirable development of the Port Dalhousie Harbour as expressed by the Harbour Development Plan;

ii) can provide a sufficient amount of off-street parking to meet the needs of its employees and that the parking and loading facilities can be located so as not to affect the free flow of traffic on Lakeport Road.

b) Should Lincoln Fabrics discontinue operations at the present location the city may encourage the use of the building or property for a use which is related to the operation of the Harbour or a commercial use which satisfies the parking requirements as set out in Sections 16.65 to 16.68, and does not adversely affect the adjacent Harbour-oriented uses.

16.82 It shall be the policy of Council to develop a harbour development plan that is consistent with the special characteristics of the Port Dalhousie Harbour.

16.82.1 No further municipal monies other than those required for maintenance of the area shall be allocated for the development of the Harbour until a Development Plan is completed.

16.82.2 The Harbour Development Plan shall be drawn up in consideration of the following:

a) That this Plan shall have regard to the input of the Port Dalhousie community, it should be economically feasible and flexible in design and staging;

b) The Port Dalhousie Harbour is one of the few areas along the shoreline which give public access to the water and the Harbour should be developed so as to encourage public access while at the same time protect private rights and special group interest (e.g., the Dalhousie Yacht Club);

c) In keeping with Policy 8.9.4.3 of the Official Plan (Parks Policy Plan), to maximize the amount of public open space along the Lake Ontario shoreline, it shall be a policy of this Plan to retain public access to Michigan Beach.

d) Identification of the maximum potential of the study area for future development, avoiding harm to existing aesthetic features and at the same time attempting to reduce over-crowding and conflicting land and water uses. This will be done by an analysis of the variety and balance of land uses, considering competing demands and scarce resources in order to make optimum use of the Harbour;

e) The rehabilitation and preservation of canal resources located in the Harbour area. Resources such as the wharves and lighthouses are still maintained for use by recreational craft and any future plans for the Harbour will take into account the historical significance of the lighthouses and future public access to them. Areas containing historical resources or which have some other physical or visual character shall be identified as areas for special treatment ad their visual quality increased by improvements to the landscaping and lighting;

f) The Development Plan shall complement adjacent land uses and create linkages with other regional open space and recreational facilities;

g) Investigate the possibility of developing the interior of the Harbour for additional dockage in order to meet the need for additional docking facilities. Access to these facilities should be from the east side where land is available for parking and support facilities related to the marina;

h) If the Harbour cannot be expanded in the interior, the feasibility of existing docking facilities outside of the existing Harbour area should be investigated;

i) The rehabilitation of the Harbour piers and continued public access to these piers;

j) The feasability of expanding support services for the angling fishery should be investigated along with the impacts of this expansion on the Port Dalhousie Community (.e.,g traffic and parking). This investigation shall include the need for and location of a gas dock and pump-out station;
k) The use of Lockhart point for parking and open space;

l) The provision for a foghorn and navigational lights;

m) The removal of the sand piles on the east side of the Harbour;

n) Investigation of the location of public washrooms; and

o) The possible provision of a boat park at Michigan Beach. This would consist of an enclosed area which would be lit and used for the storage of small boats.

16.83 In addition, the Harbour Development Plan shall:

a) Establish guidelines for the future use, development and redevelopment of the area and presents an action program that can be implemented as funds become available;

b) Optimize the use of the Harbour for public recreational purposes considering both the shorelands and water surface and incorporate these uses into a unified recreational complex to serve the needs of all of the people in the surrounding area; and

c) Integrate this development plan with existing and proposed plans.

16.84 To assist in the implementation of the Development Plan, the City shall negotiate the purchase of Federally-owned lands adjacent to the Harbour as these lands become surplus to the needs of the Federal Government.

16.85 The City shall seek the co-operation and assistance of both public and private groups in the development of the Harbour Development Plan.

a) The following interest groups shall be contacted during the preparation of the Plan:

1. The Dalhousie Yacht Club;
2. The St. Catharines Charter Boat Association;
3. Shipman´s Corners Sailing Club;
4. The St. Catharines Rowing Club;
5. The Canadian Henley Rowing Corporation;
6. The Welland Canals Preservation Association;
7. Snug Harbour Marina;
8. The St. Catharines Fish and Game Association; and
9. any other group or individual that may express to Council, in writing, an interest in the development of the Port Dalhousie Harbour.

HERITAGE
16.86 It is the policy of this Plan to recognize those buildings of historical and architectural significance in the Port Dalhousie area and take steps to maintain the character of this area.

16.86.1 The City of St. Catharines with the assistance of the St. Catharines Heritage Committee may identify buildings of architectural and historic significance and may designate, under the provisions of Part IV of the Ontario Heritage Act, R.S.O. 1990 c.O.18, those buildings that are deemed to be worthy of designation.

16.87 The general principles to be considered with respect to the preservation of individual buildings are as follows:

a) A structure, building or site shall be considered for designation and special protective measures if it satisfies one of the following criteria:

1) It is considered to be of architectural merit due to craftsmanship, originality, style, age, or in that it is representative of a particular period;

2) It is associated with past events or distinguished individuals;

3) It has become recognized locally as a landmark worthy of retention;

4) It can be associated with the former way of life in a canal community and is representative of, or depicts the type of environment which existed at that time; and/or

5) It contributes positively to the townscape because of its aesthetic value.

b) Every effort should be made to maintain the present or an alternative use in buildings of architectural or historic significance, if these uses are in conformity with the uses specified in the By-law and adaptive reuse of vacant buildings wherever possible. These buildings should not be considered as Museum pieces; and

c) Prior to Council considering any building for designation, the Local Architectural Conservation Advisory Committee shall make every attempt to include, by means of notification and consultation, the property owners of the chosen sites.

16.88 It is the policy of this Plan that consideration be given to the development of a Heritage Conservation District Plan, as set out in The Ontario Heritage Act.

16.89 The objectives of the Heritage Conservation Plan will be as follows:

a) Improve the environment by the elimination of congestion, decay, noise and by the retention of positive attributes of the environment such as buildings of architectural significance, pleasing scale or material, public open spaces and landscape features such as trees, walkways, fences, etc.;

b) Maintain the character of the townscape and building groups within the area;

c) Direct growth in a manner compatible with the existing scale and character of the area;

d) Prevent the incursion of elements which would detract from the character of the area and to prevent unsympathetic alterations to buildings that would detract from the area´s character;

e) Ensure that attention is given to the details of the design of new buildings so that those buildings are harmonious with the historic character of the district; and

f) Ensure that the renovation and restoration of older buildings within Heritage Conservation Districts carefully preserve the character and interest of the original building.

16.90 The following general principles shall be considered in the development and designation of the Heritage Conservation District, should such a study be undertaken:

a) The Heritage Conservation District designation shall not be considered to be a freeze on development in the designated area. The Heritage Conservation District designation shall be considered to be a statement, made by the municipality, that special effort will be made within the chosen area to conserve and enhance the built character of that area;

b) The features within a designated district which give the area its distinctive character and, as such, contribute to the area´s merit as a Heritage Conservation District shall be conserved. These features may include the placement and relationship of buildings; the scale and character of the townscape and building groups; the architectural details of the buildings; the height and density of buildings; vistas, views and streetscape. These features should be identified for Port Dalhousie and included in the Heritage Conservation District Plan.

c) The criteria for identification and evaluation of the potential Heritage Conservation District shall be based on the following characteristics and should contain some or all of them.

1) A majority of the buildings should reflect an aspect of the historic heritage of the Port Dalhousie community by nature of historical location and significance of setting.

2) The majority of the buildings should be of an architectural style or construction, significant historically or architecturally to the community, region or province.

3) The district may contain other important physical, environmental or aesthetic characteristics which in themselves do not constitute sufficient grounds for the designation of a district, but which lend support for designation.

d) The Heritage Committee shall be consulted on the selection of a Heritage Conservation District for Port Dalhousie.

1) The residential streets such as Dalhousie, Main, Canal, Lock, Gertrude and Simcoe should be investigated thoroughly for information on the older houses, their origins, relationships with the canals, condition and ownership and consideration given to their inclusion in the Heritage Conservation District. Other elements of Old Port Dalhousie which should be considered for inclusion in the Heritage Conservation District are: the commercial core; the industrial buildings (Muir Dry Docks Buildings and Lincoln Fabrics); canal structures and Lakeside Park.

e) Once the Heritage Conservation District has been identified, a Heritage Conservation Study will commence with the passing by Council of a By-law under The Ontario Heritage Act, R.S.O. 1990 c.O.18, Section 40(1). The By-law should clearly identify the area under study and those properties included in the area.

16.91 In order to co-ordinate the development of a Heritage Conservation District Plan - its study, designation and implementation - a Steering Committee shall be established. This group should contain members of the Heritage Committee, municipal staff, the Local Residents´ Group (Port Dalhousie Quorum), as well as property owners, tenants or residents of the area under study.

16.92 Notwithstanding that a Heritage Conservation District Plan should be undertaken to help assure the sensitive development of Old Port Dalhousie, the municipality shall support the revitalization of this historically significant area by:

a) Improving public lands and ensuring that public facilities are aesthetically sympathetic to the surrounding environment;

b) Considering the enactment of a sign by-law to ensure that signage, erected in the commercial core of Port Dalhousie, is sympathetic to the area;

c) Investigating available funding sources for the rehabilitation and renovation of heritage structures and informing property owners of these funds; and

d) Encouraging the development of the commercial core for regional (tourism) oriented facilities in order to enhance the economic viability of this historic area.

GLOSSARY OF TERMS

ACTIVE RECREATIONAL FACILITIES - means those types of facilities that allow physical participation by an individual or group i.e., tennis courts, baseball diamonds, tot lots etc.

AESTHETICS - means having a sense of the beautiful, pleasing to an individual.

AMENITY - means pleasant and agreeable with an absence of nuisances and when applied specifically it means a pleasant and agreeable environment for any particular activity.

APARTMENT BUILDING - means a building containing 3 or more dwelling units accessible from a corridor system connecting with a common entrance from outside the building, where the occupants of such units have the common right to use halls, stairs, elevators, yards and where none of the dwelling units are rented or are available for rent or occupation for a period of less than 30 days.

BUILT FORM - means the assembled external appearance of a clearly defined area, as distinguished from contour or colour or material configuration.

BUSINESS IMPROVEMENT AREA - means an area designated by the Council under Section 220 of the Municipal Act R.S.O. 1990 c.M. 45, as an improvement area and a Board of Management is entrusted to provide for the improvement, beautification and maintenance of municipally-owned lands, buildings and structures in the area, beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large and the promotion of the area as a business or shopping area, and subject to the limitation of the by-law establishing this area.

BUSINESS OFFICE - means a building or part thereof in which one or more persons is employed in the management, direction or conducting of a public or private agency, a business, a brokerage, or a labour or fraternal organization including, but not so as to limit the generality of the foregoing, an office accessory to a permitted non-residential use, a telegraph office, a bank, the premises of a real estate or insurance agent, a data processing establishment, a newspaper publisher or a radio or television broadcasting station and related studios or theatre, but does not include a retail store or a professional office.

COMPATIBLE - means the capability of land uses to existing together in harmony. A number of diverse elements are involved in compatibility such as physical development standards, pedestrian or vehicular traffic generated, volume of goods handled, environmental effects, personal preference etc.

COMPLEMENTARY - means the addition of new buildings and/or structures to a neighbourhood which helps to complete the neighbourhood. The new buildings and/or structures must be capable of existing in harmony with the existing development.

CONVERTED DWELLING - shall be a single family dwelling erected prior to the passing of this Plan which has a gross floor area of at least 120 sq.m. and is converted so as to provide one additional dwelling unit, provided;

a) That the same is structurally suitable for the proposed conversion;

b) That the external appearance and character of the dwelling is preserved;

c) That each of the dwelling units in the converted building shall have a minimum net floor area of 50 sq.m. exclusive of public or common halls and stairways and the