Zoning By-law No. 01-43 (Village of Port Elgin) — in force for Strait Shores area
Strait Shores, New Brunswick
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Village of Port Elgin Zoning By-law
By-law No. 01-43
Prepared by the Tantramar Planning District Commission
BY-LAW TO ADOPT A ZONING BY-LAW
BY-LAW NO. 01-43
Under the authority vested in it by Section 34 of the Community Planning Act, the Municipal
Council of the Village of Port Elgin, enacts as follows:
1.
This By-law ma be cited as the "Village of Port Elgin Zoning By-law";
2.
The document entitled "Village of Port Elgin Zoning By-law" attached hereto is
adopted;
3.
By-law No. 93-43 entitled "Village of Port Elgin Zoning By-law", enacted on
the 12th day of July 1993, is repealed together with all amendments.
First Reading:
November 13, 2001
Second reading:
November 13, 2001
Third Reading:
March 11, 2002
and enactment
Robert A. Hall
Sonia M. Wells
Mayor
Clerk
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
Table of Contents
PART 1 - TITLE AND DEFINITIONS ............................................................................................1
1.1 Definitions ........................................................................................................................1
PART 2 - ADMINISTRATION .........................................................................................................7
2.1 Purpose .............................................................................................................................7
2.2 Scope .................................................................................................................................7
2.3 Powers of the Council......................................................................................................8
2.4 Special Powers of the Planning Commission ................................................................8
2.5 Amendments.....................................................................................................................9
PART 3 - GENERAL PROVISIONS FOR ALL ZONES ............................................................. 11
3.1 Vehicular Access and Zones .......................................................................................... 11
3.2 Vehicular Access in Mixed and Institutional Zones.................................................... 11
3.3 Frontage on Streets ........................................................................................................ 11
3.4 Height Restrictions ........................................................................................................ 11
3.5 Vehicle Bodies................................................................................................................. 11
3.6 Use ................................................................................................................................... 11
a) Permitted Uses ....................................................................................................... 11
b) Accessory Uses .......................................................................................................12
c) Public Utilities ........................................................................................................12
d) Accessory Buildings ..............................................................................................12
3.7 Multiple Uses..................................................................................................................12
3.8 Temporary Construction Uses ......................................................................................13
3.9 One Building Per Lot ....................................................................................................13
3.10 Special Uses ....................................................................................................................13
3.11 Lots, Yards and Other Standards .................................................................................13
a) Existing Buildings..................................................................................................13
b) Existing Undersized Lots......................................................................................14
3.12 Conformity With Existing Front Yards .......................................................................14
3.13 Permitted Encroachments ............................................................................................14
3.14 Corner Lot Sight Lines..................................................................................................15
3.15 Zone Boundaries ............................................................................................................15
3.16 Parking ...........................................................................................................................15
a) General Provisions ................................................................................................15
b) Parking Space Requirements by Uses .................................................................16
c) Reserved Spaces for Physically Challenged Persons..........................................17
3.17 Stripping of Soil and Removal of Excavation Material .............................................18
3.18 Signs ................................................................................................................................18
a) Sign Permit ............................................................................................................18
b) Safety Standards ...................................................................................................18
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
c) Sign Provisions ......................................................................................................19
3.19 Development Near a Watercourse or Lake .................................................................20
3.20 Fences..............................................................................................................................20
3.21 Landscaping and Drainage ...........................................................................................20
a) Landscaping ...........................................................................................................20
3.22 Home Occupation ..........................................................................................................21
a) General Provisions ................................................................................................21
b) Environmental Standards ....................................................................................22
3.23 Enclosure for Swimming Pools.....................................................................................22
3.24 Pets ..................................................................................................................................23
3.25 Single Detached Dwelling Units - Minimum Size .......................................................23
PART 4 - ZONE CLASSIFICATION .............................................................................................25
PART 5 - RESIDENTIAL (R) ZONE .............................................................................................27
5.1 Uses ..................................................................................................................................27
a) Permitted Uses .......................................................................................................27
b) Uses Subject to Conditions ...................................................................................27
5.2 Zone Requirements........................................................................................................28
PART 6 - RURAL RESIDENTIAL (RR) ZONE ...........................................................................29
6.1 Uses .................................................................................................................................29
a) Permitted Uses .......................................................................................................29
b) Uses Subject to Conditions ...................................................................................29
6.2 Zone Requirements........................................................................................................30
6.3 Other Requirement.........................................................................................................30
PART 7 - MOBILE / MINI HOME (MH) ZONE..........................................................................31
7.1 Uses .................................................................................................................................31
a) Permitted Uses .......................................................................................................31
b) Uses Subject to Conditions ...................................................................................31
7.2 Zone Requirements........................................................................................................32
PART 8 - MIXED (M) ZONE ..........................................................................................................33
8.1 Uses .................................................................................................................................33
a) Permitted Uses .......................................................................................................33
b) Uses Subject to Conditions ...................................................................................34
8.2 Pollution Abatment Standards .....................................................................................34
8.3 Zone Requirements........................................................................................................35
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 9 - RESIDENTIAL MIXED (RM) ZONE...........................................................................37
9.1 Uses .................................................................................................................................37
a) Permitted Uses .......................................................................................................37
b) Uses Subject to Conditions ...................................................................................37
9.2 Zone Requirements........................................................................................................38
PART 10 - INSTITUTIONAL (I) ZONE ........................................................................................39
10.1 Uses .................................................................................................................................39
a) Permitted Uses .......................................................................................................39
10.2 Zone Requirements........................................................................................................40
PART 11 - CONSERVATION ..........................................................................................................41
11.1 Uses..................................................................................................................................41
a) Permitted Uses .......................................................................................................41
b) Uses Subject to Conditions ...................................................................................41
TABLES
Table 1: Residential and Residential Mixed...................................................................28
Table 2: Rural Residential ....................................................................................................30
Table 3: Mobile/Mini Home Residential .............................................................................32
Table 4: Mixed .......................................................................................................................35
Table 5: Residential and Residential Mixed........................................................................38
Table 6: Institutional .............................................................................................................40
FIGURES
Figure 1, Village of Port Elgin Current Land Use Map .................................................43
Figure 2, Village of Port Elgin Zoning Map ....................................................................45
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 1 - TITLE AND DEFINITIONS
This By-law shall be cited as the "Village of Port Elgin Zoning By-law".
1.1 Definitions
In this By-law all words shall have the meaning or meanings which are assigned to
them in accepted English dictionaries except for the words which are defined as
follows:
ABUT, means where properties or lots share a common lot line or a common point
along a lot line;
ACT, means the New Brunswick "Community Planning Act";
AGRICULTURAL USE, means general farming and, without limiting the
generality of the foregoing, shall include uses such as the general cultivation of
land and associated production, conditioning, processing and storing of field
crops, vegetables, fruit, nursery stock, pasturing of livestock and the selling of such
produce on the premise and includes a farm dwelling, accessory buildings and
uses. Such uses do not include a cannery or abattoir or the raising of fur bearing
animals;
ALTER, means to make any change, structural or otherwise, in a building or
structure which is not for purposes of maintenance only;
AMENITY AREA, means an outdoor site developed for passive and recreation
areas in conjunction with a multi-unit residential development;
BUFFER, means a spatial separation or setback between a defined use and a
property line;
BUILDING, means a type of structure, whether permanent or temporary which is
roofed and which is used for shelter or accommodation of persons, animals,
materials or equipment;
BUILDING, ACCESSORY, means a detached subordinate building, not used for
human habitation, except where permitted in the zoning by-law, located on the
same lot as the main building, structure or use to which it is accessory, the use of
which is naturally or customarily incidental and complementary to the main use of
the land, building or structure;
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
BUILDING / HOME CONVERSION, means an existing main building or a
portion of a main building in which the proprietor/lessee is changing the use to a
conditional use permitted under the Village of Port Elgin Zoning By-law.
BUILDING INSPECTOR, means a person appointed under paragraph 6 of the
Provincial Building Regulation - "Community Planning Act" of New Brunswick;
BUILDING, MAIN, means a building in which the main or principal use of the lot
is conducted ;
COUNCIL, means the Council for the Village of Port Elgin;
DEVELOPMENT, means the erecting, placing, relocating, removing, demolishing,
altering, repairing, or replacing of a building or structure other than utility poles
and wires, traffic control devices or statutory notices;
DWELLING, means a building or portion thereof containing one or more dwelling
units and does not include a mobile home/mini home or motor home, travel
trailer or recreational vehicle designed for seasonal and non-permanent
occupation;
DWELLING, MULTIPLE, means a building or portion thereof, other than a hotel
or motel designed or occupied as dwelling units for more than two households;
DWELLING, UNIT, means a room or suite of two or more rooms designed or
intended for use by an individual or household in which a kitchen, sleeping and
sanitary facilities are provided for the exclusive use of such individual or
household;
ERECT, means to construct, build, assemble or relocate a building or structure,
and includes any physical operations preparatory thereto;
EXTRACTIVE USE, means all buildings, aggregate plants, material storage areas,
associated with the excavation of rock, borrow material, soil for commercial sale or
use.
FLOOR AREA, means the total usable floor area within a building;
GRADE, means the finished level of the ground at the exterior walls of the
building or structure;
HEIGHT, means, in relation to a building or structure, the vertical distance as
measured from mean grade to the highest point on such building or structure;
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
HOME, NURSING, means a building in which the proprietor supplies for hire or
gain, lodging with or without meals and, in addition provides nursing, medical, or
similar care and treatment;
HOME OCCUPATION, means a business activity carried on within a residence or
accessory building of the owner or operator of the business. Without limiting the
generality of the foregoing, a home occupation may include: office use, personal
service shop, craft workshop, the repair of minor household appliances, catering,
daycare center with a maximum of 6 children, an establishment teaching arts.
Home occupations do not include the sale, rental, or repair of automobiles or
recreational vehicles;
HOMES, BED AND BREAKFAST, means a dwelling in which room and
breakfast are provided to lodgers for compensation;
HOUSE, BOARDING, means a dwelling in which the proprietor supplies room
and board for monetary gain which would consist of 6 bedrooms or more inclusive
to the lessee or owner thereof or members of his family;
HOUSEHOLD PET, means a domestic animal customarily kept within a dwelling
or in an outside pen or accessory building for the sole purpose of pleasure rather
than utility, and includes dogs, cats and rabbits, rodents and small birds and other
animals, but excludes cattle, sheep, horses, pigs, poultry, bees, goats and other
animals normally raised on farms and exotic animals normally kept in zoos includ-
ing snakes, lions and llamas;
INN, means a dwelling that provides accommodations for financial remuneration
and shall have a dining facility;
LOT, means any parcel of land which is contained as a separate lot description in a
deed of land or as shown approved lot on an approved plan of subdivision filed in
the Registry of Deeds;
LOT, CORNER, means a lot having two or more adjacent sides fronting on two or
more intersecting or intercepting streets;
LOT, THROUGH, means a lot other than a corner lot which has a front yard on
each of two streets;
LOT LINE, means the boundary or exterior line of a lot;
LOT LINE, FRONT OR FLANKAGE, means the line dividing the lot from the
street and;
a)
in the case of a through lot, both of the boundaries facing the street shall
be deemed to be front lot lines;
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
LOT FRONTAGE, means the horizontal distance between the side lot lines meas-
ured along the front lot line required in the zone in which the lot is located;
LOT LINE, SIDE, means a lot line extending from the street line to the rear of the
lot;
LOT LINE, REAR, means a lot line furthest from or opposite to the front lot line;
MOBILE HOME/MINI HOME, means a dwelling unit that is designed to be
transported from its place of construction to a home site and/ or having a width of
5 m (16 ft) or less and located on the site on wheels, jacks or similar supports or on
a permanent foundation;
MOBILE HOME/MINI HOME PARK, means a parcel of land, upon which two or
more mobile homes/mini homes are located for residential purposes;
MOTOR VEHICLE REPAIR GARAGE, means a building or structure where the
exclusive service performed or executed on motor vehicles for compensation shall
involve general maintenance and repair not including the dispensing of gasoline
or/and propane;
OPEN STORAGE, means storage not in a building or covered area and includes
materials covered by a canvas, plastic or any other type of covering material;
PLANNING COMMISSION, means the Tantramar Planning District
Commission;
PUBLIC UTILITY, means any building, structure, plant or equipment essential to
the provision and operation of electricity, water, sewage disposal, telephone serv-
ice, telegraph service, pipeline, railway telecommunications or cable television;
RECYCLING DEPOT, means a building, structure or land for the deposit, storage,
compacting, baling, and transportation of recyclable materials limited to paper,
cardboard, glass, metal cans and plastic;
RESTAURANT, FULL SERVICE: means a building where food is prepared and
served for public for consumption within the building and does not include a
drive in or takeout restaurant but could include a catering service;
RECREATION, means where entertainment is offered such as motion pictures or
theater, public hall, billiard or pool rooms, electronic games, bowling alley, ice/
roller skating, roller blades, sports fields, playgrounds and all other similar places
of amusement;
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
SERVICE INDUSTRY, means a use whose primary function is to provide services
such as maintenance, and without limiting the generality of the forgoing may
include an engine and body repair shop, a printing business, a laundry or cleaning
business, a wholesale bakery, professional trades, a truck depot and similar uses;
SERVICE SHOP, PERSONAL, means a building used for the repair of household
articles or small motor repair and may include radio, television, computers, and
appliance repair shops, plumbing, and electrical establishments other similar uses
but does not include industrial manufacturing or motor vehicle and small engine
repair shops;
SHOPPING CENTER, means land, planned and controlled as a unit, containing
such retail stores, service shops and other establishments as permitted by this
By-law, in a building or buildings;
SIGN, means any display or advertisement, placard, boarding, billboard or other
form or means of device whatsoever of public notice or announcement, whether
erected, posted or painted and any such form or means or device intended,
suitable or adaptable for such purpose whether or not it is at the time used for
such purpose. The word sign shall not include signs or advertisements which are
affixed to the inside of windows and glass doors;
SIGN, FREE STANDING A sign supported by one or more upright poles,
columns, or braces placed in or on the ground and not attached to any building or
structure.
SIGN, GENERAL ADVERTISING A sign which displays the names of a
shopping center, group of buildings, or a listing of the names of these businesses.
SIGN, HOME OCCUPATION A sign containing only the name and occupation of
a permitted home occupation.
SIGN, PORTABLE Any sign designed to be transported from one display location
to another, including but not limited to:
a)
signs designed to be transported by trailer or wheels,
b)
signs with chassis or support constructed without wheels,
c)
signs with wheels removed, and
d)
shall include any sign, which has been attached temporarily or
permanently to the ground by more than two uprights.
SIGN, WALL A sign painted on the outside of a building, or attached to, and
erected parallel to the face of a building and supported throughout its length by
such building but not be painted upon or covering a fence or roof.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
SPECIAL CARE, means a building or place or part of a building in which
accommodation and nursing, supervisory and/or personal care is provided, or is
made available for more than three persons with social, health, legal, emotional,
mental or physical disabilities or problems, and includes such facilities as are
licensed by the Homes for Special Care Act, the Children's Service Act, or by any
other provincial legislation, but does not include any public or private hospital or
sanitarium, or a jail, prison or reformatory, or a hostel;
STOREY, means that portion of a building included between the surface of any
floor and the surface of the floor, ceiling or roof structure next above it;
STREET LINE, means the common line between a street and a lot;
STRUCTURE, means a combination of materials which forms a construction that
is intended to be safe and stable. For the purpose of this By-law a utility pole shall
be deemed not to be a structure;
SWIMMING POOL, means a tank or body of water, other than an existing natural
body of water or stream, either above or below ground, which has a depth greater
than 91 cm (36 in) intended to be used for diving, swimming, or wading;
USE, means the purpose for which any land building or structure is utilized,
occupied, maintained or leased;
USE, ACCESSORY, means a use, other then human habitation of land or a build-
ing or structure which is naturally or customarily incidental and complementary to
the main use of land, building or structure which is located on the same lot of the
main use and which is not a secondary use;
YARD, means that part of a lot required to be unoccupied by the main building or
structure;
YARD, FRONT, means the yard extending across the full width of the lot between
the street line and the nearest main wall of any building or structure;
YARD, REAR, means the yard extending across the full width of the lot between
the rear lot line and the nearest main wall of any building or structure;
YARD, SIDE, means the yard extending from the front yard to the rear yard on
either side, between a side lot line and the nearest main wall of any building or
structure.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 2 - ADMINISTRATION
2.1 Purpose
The purpose of this By-law enacted under the provision of Section 34 of the
"Community Planning Act" is to prohibit, regulate and control the use and
development of lands and buildings within the Village of Port Elgin to facilitate
the orderly and economic development of land in accord with the policies set
forward in the "Village of Port Elgin Municipal Plan" and includes the following:
a)
divides the Municipality into zones;
b)
prescribes, subject to powers reserved in the Planning Commission:
i)
the purposes for which land, buildings and structures in any zones may
be used,
ii)
standards to which land use and, the placement, erection, alteration and
use of buildings and structures must conform;
c)
prohibits the use, placement, erection or alteration of land, buildings or
structures other than in conformity with the purposes and standards
mentioned in clause (b).
2.2 Scope
a)
No building or structure shall be erected, or altered (including demolition),
unless a building permit has been issued and no building permit shall be
issued unless all the provisions of this By-law are satisfied.
b)
Nothing in this By-law shall exempt any person from complying with the
requirements of the "Building By-law", "Subdivision By-law", or any other
By-law in force within the Municipality or to obtain any license, permission,
permit authority or approval required by this or any other By-law of the
Municipality, or other lawful authority.
c)
Where the provisions of this By-law conflict with those of any other
municipal or provincial regulations, By-laws or codes including regulations
pertaining to on-site sewage disposal systems, the higher or more stringent
requirements shall prevail.
d)
Where there is a conflict between a Municipal Plan and a Zoning or
Subdivision By-law, the Municipal Plan prevails.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
2.3 Powers of the Council
a)
No building may be erected in the Municipality in respect of which, in the
opinion of the Council, satisfactory arrangements have not been made for the
supply of electrical power, water, sewerage, streets and other services and
facilities.
b)
Where, in its opinion, a building or structure is dilapidated, dangerous or
unsightly, the Council may:
i)
require the improvement, removal or demolition of such building or
structure at the expense of the owner;
ii)
acquire the parcel of land on which such building or structure is located.
c)
Subject to subsection 2.2 (a), Council may, within any zone,
i)
designate the land to be used for the location or erection of any public
utility development including but not limited to the supply of electricity,
water, sanitary and storm drainage, and the disposal of sanitary wastes,
and;
ii)
use the land so designated for a purpose mentioned in clause (i).
d)
No land may be designated or used for the purposes mentioned in
subsection (c) unless, in the opinion of the Council,
i)
such land is essential to the operation of the service concerned;
ii)
any development thereon in a residential zone is adequately buffered
from public view.
2.4 Special Powers of the Planning Commission
a)
No building or structure may be placed, erected or altered on any site where
it would otherwise be permitted under this By-law when, in the opinion of
the Planning Commission, the site is marshy, subject to flooding, excessively
steep or otherwise unsuitable by virtue of its soil or topography.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
b)
The Planning Commission may, subject to such terms and conditions as it
considers fit,
i)
authorize, for a temporary period not exceeding one year, a
development otherwise prohibited by this By-law; and
ii)
require the termination or removal of a development authorized under
clause (i) at the end of the authorized period.
2.5 Amendments
a)
A person who seeks to have this By-law amended shall:
i)
address a written and signed application form to the Commission ; and
ii)
pay a fee to the Commission, not exceeding the maximum fee set in
accordance with the Provincial regulations pursuant to the "Community
Planning Act" of New Brunswick.
iii)
pay the cost of registering any related amendments or agreement related
to the application.
b)
An application under this section shall include such information as may be
required by the Council or the Commission for the purposes of adequately
assessing the desirability of the proposal.
c)
Before giving its views to the Council with respect to an application under
this section, the Commission may carry out such investigation as it deems
necessary.
d)
Unless, upon the advice of the Commission, the Council is of the opinion
there is valid new evidence or a change in conditions, where an application
under this section has been refused by the Council, no further application
may be considered by the Council for one year from the date of refusal.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 3 - GENERAL PROVISIONS FOR ALL ZONES
3.1 Vehicular Access and Zones
Vehicular access from a public street to any building or use located in any zone
shall be through the same zone in which the building or use is located.
3.2 Vehicular Access in Mixed and Institutional Zones
a)
Accesses from a commercial lot shall be located at least 15.2 m (50 ft) from the
nearest street intersection.
b)
A barrier consisting of a curb, barrier or ditch designed to prevent vehicular
access shall be provided.
3.3 Frontage on Streets
No building permit shall be issued unless the lot intended for development fronts
on a public street, unless otherwise specifically provided for in a particular zone.
This provision does not apply to public utility facilities where a maximum of one
access shall be provided to the lot, the access having a minimum width of 7.6 m
(25 ft).
3.4 Height Restrictions
The maximum height of buildings and structures as provided for in particular
zones in this By-law, unless otherwise indicated, shall not apply to church spires,
water tanks, towers, flagpoles, television or radio attennae, ventilators, chimneys,
utilities or clock towers.
3.5 Vehicle Bodies
No automobile, truck, bus, coach or street car body shall be used for habitation by
humans or animals within the Village of Port Elgin.
3.6 Use
a) Permitted Uses
i)
If a use is not listed as a permitted or accessory use in a particular zone,
it is hereby deemed to be a prohibited use in that zone.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
ii)
Where a permitted use or uses subject to conditions, within any zone is
defined in Part 1, the uses permitted within that zone shall include any
similar use which satisfies such definitions except where any definition
is specifically limited to exclude any use.
b) Accessory Uses
Where this By-law provides that any land may be used, or that a building or
structure may be erected or used for a purpose, the purpose is deemed to
include any use accessory or ancillary thereto, subject to the requirements of
that zone.
c) Public Utilities
Public utilities shall be permitted in any zone.
d) Accessory Buildings
Accessory buildings shall be permitted in any zone but shall not:
i)
be used for human habitation except where a dwelling is a permitted
accessory use; or
ii)
be built closer to the front lot line or flankage lot than the minimum
distance required by this By-law for the main building of the lot;
iii)
be located within 1.2 m (4 ft) of any building on the lot;
iv)
exceed 6.7 m (22 ft) in height excluding agricultural, industrial and
commercial uses;
v)
be permitted on a separate lot from a main building, except in the Rural
Residential zone.
3.7 Multiple Uses
Where any land or building is used for more than one purpose, all provisions of
this By-law relating to each use shall be satisfied and if more than one standard
applies, the more stringent shall prevail.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
3.8 Temporary Construction Uses
The use of land for the temporary location of a building or structure, or for other
purposes incidental to a main construction project, is permitted to continue up to
sixty days following completion of the main construction project.
3.9 One Building Per Lot
a)
Except as provided in 3.9 b), no more than one main building may be placed
or erected and no building or structure may be altered to become a second
main building on a lot;
b)
In any zone where uses are proposed to occupy more than one main building
on the lot, the Commission may approve such uses subject to any terms and
conditions as it may deem fit.
3.10 Special Uses
Nothing in this By-law shall prevent uses for special occasions and events such as
midways, circuses, fairs or festivals, but not including vehicular events, provided
that such uses remain in place no longer than 10 days. For these special uses, no
Building Permit shall be required.
3.11 Lots, Yards and Other Standards
a) Existing Buildings
Where a building has been constructed on a lot having less than the required
frontage or area, or having less than the minimum setback or side yard or rear
yard required in this By-law, the building may be enlarged, reconstructed,
repaired or renovated provided that:
i)
The enlargement, reconstruction, repair or renovation does not further
reduce the front yard, flankage yard, side yard or rear yard that does
not conform to this By-law; and
ii)
All other applicable provisions of this By-law are satisfied.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
b) Existing Undersized Lots
i)
Notwithstanding anything else in this By-law, a vacant lot held in
separate ownership from adjoining parcels in existence prior to the
registration of this By-law, having less than the minimum frontage or
area or both required by this By-law, may be used for a purpose
permitted in the zone in which the lot is located.
A building permit may be issued, and a building may be erected on the
lot provided that all other applicable provisions in this By-law are
satisfied.
Where such lots are increased in size but remain undersized, they are
deemed to be existing undersized lots.
3.12 Conformity With Existing Front Yards
In an in-filling situation where a front yard line has been established within 48.8 m
(160 ft) of the proposed in-fill that is less then the required front yard setback, the
existing line may apply for new construction and/or expansions and extensions.
3.13 Permitted Encroachments
Unless otherwise indicated in a particular zone, every part of any yard setback
required by this By-law shall be open and unobstructed by any structure subject to
the following:
a)
There may be constructed in any yard projections of sills, cornices, eaves,
gutters, chimney breasts, pilasters, canopies, or other architectural
features provided that no such feature shall project more than 0.6 m
(2 ft) into a required yard setback;
b)
Window bays and solar collectors may be permitted to project a
maximum of 0.9 m (3 ft) into a required yard setback;
c)
Uncovered patios shall not be located closer than 0.76 m (2 ft 6 in) into a
required side yard setback;
d)
Wheelchair ramps and lifting devices may be located in any yard;
e)
Steps providing access at the first storey level may be located in any
required front, rear or flankage yard;
15
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
f)
Exterior stair cases providing access to the basement or any floor above
the first storey level, balconies, veranda and sundecks shall be permitted to
project a maximum of 2 m into any required front, rear or flankage yard; and
g)
Unless otherwise indicated in this by-law, with the exception of the sight
triangle provision, the provisions of this Section shall not restrict the location
of ornamental planting or landscaping in any yard.
3.14 Corner Lot Sight Lines
Notwithstanding landscaping requirements and provisions for Corner Direction
Signs, on a corner lot, no fence, sign, hedge, shrub, bush or tree or any other struc-
ture or vegetation shall be constructed, or permitted between 1 m (3 ft) and 2.4 m
(8 ft) above the grade of the abutting streets within the triangular area measured
along the abutting street line of each street a distance of twenty-one feet from their
point of intersection known as the corner lot sight lines except where otherwise
permitted in this By-law.
3.15 Zone Boundaries
Boundaries between zones shall be determined as follows:
a)
Where a zone boundary is indicated as following a street or highway, the
boundary shall be the centreline of such street or highway.
b)
Where a railroad or railway right of way, electrical transmission line right of
way or watercourse is included on the "Village of Port Elgin Zoning Map",
figure 2 and serves as a boundary between two or more different zones, a line
midway on such right of way or watercourse and extending in the general
direction of the long division thereof shall be considered the boundary
between zones unless specifically indicated otherwise.
3.16 Parking
a) General Provisions
The following general provisions will apply to all parking requirements:
i)
Parking requirements shall be in conformity with the parking provisions
as provided in this By-law;
ii)
Parking shall be provided upon the same lot as, or within 152.4 m
(500 ft) of, the use for which the parking is required;
16
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
iii)
Where there is a combination of uses on a lot, the minimum parking
space requirements shall equal the combined total of the minimum
requirements for each use;
iv)
Individual parking spaces shall have minimum dimensions of 2.7 m
(9 ft) by 5.5 m (18 ft);
v)
Except for parking spaces for motel patrons, no parking space is
permitted closer than 1.8 m (6 ft) from a wall containing windows to
habitable rooms;
vi)
Within the Mixed Zone, parking requirements will be waived for
existing structures presently being used for uses other than single
dwellings;
vii) All home occupations will be subject to the parking requirements of the
zoning by-law.
b) Parking Space Requirements by Uses
i)
for one- and two- unit dwellings and multiple dwellings other than
apartment requirements one space for each dwelling unit;
ii)
for apartment buildings, one space for dwelling unit, plus one
additional space for each 4 dwelling units;
iii)
for assembly buildings, including arena, auditorium, church, funeral
parlor, public hall, theater, rink or any building (such as a school)
containing a like usage, one space for each 4 persons comprising a
capacity audience or congregation therein;
iv)
for hospitals, sanitoria, nursing homes or clinics one space for each 5
bed patients provided for, and one space for every 2 staff at peak
employment period;
v)
for residential, hostels or rooming houses, one space for each 2 guest
rooms;
vi)
for licensed establishments, one space for each 3 patrons comprising
capacity patronage;
vii) for motels, or hotels one space for each habitable unit;
17
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
viii) for office buildings, offices one space for each 46.4 sq m (500 sq ft) of
gross floor area;
ix)
for medical offices, 2 spaces per consulting room;
x)
for registered day care facilities, 1.5 spaces per 38 sq m (409 sq ft) of
gross floor area;
xi)
for restaurants one space for each 4 guests;
xii)
for social clubs or fraternity premises one space for each 23.2 sq m
(250 sq ft) of gross floor area or fraction thereof;
xiii) for sports or recreational fields one space for each 6 persons for whom
seating arrangements may be provided;
xiv) for stores, including retail, wholesale or service establishments one
space for each 36 sq m (400 sq ft) of gross floor area, or fraction thereof;
xv)
for warehousing, wholesale, industrial or manufacturing buildings,
one space for each 3 employees or fraction thereof;
xvi) for personal services not mentioned in the above list, one parking space.
c) Reserved Spaces for Physically Challenged Persons
i)
A minimum of 1 additional parking space shall be provided for
physically disabled persons where 5 spaces are required; and additional
spaces provided at a ratio of 4 percent of the total required in each lot
above 25 spaces;
ii)
The parking space(s) closest to a facility shall be reserved for parking for
physically disabled persons;
iii)
Each parking space reserved for physically disabled persons shall
contain an area of not less than 21.6 sq m (240 sq ft) measuring 4 m by
5.5 m (13 ft by 18 ft);
iv)
Each parking space reserved for physically disabled persons shall be
clearly identified by a ground or facial sign;
18
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
v)
Where a parking area is defined by curbing, a ramped curb shall be
provided so as to allow a physically disabled person to easily travel
through or over such curbing.
3.17 Stripping of Soil and Removal of Excavation Material
a)
Subject to this section, no person may strip, excavate or otherwise remove soil
for sale or for use from a lot or other parcel of land;
b)
The farming of sod or the removal of all excavated material, such as subsoil,
clay, shale, stone, sand or gravel may only be carried on where the owner of
the land has entered into an agreement with the Council making
arrangements satisfactory to the Council for the rehabilitation of the land.
3.18 Signs
The purpose of the following signage regulations is to give the opportunity to
convey information in a safe and reasonable manner.
a) Sign Permit
i)
Except for signs referred to in clause ii), no sign as defined in this
by-law shall be erected, displayed, altered or enlarged until a building
permit has been issued;
ii)
Construction signs, signs indicating hazarduous or dangerous areas, or
signs necessary for the safety of public utility which do not exceed
0.6 sq m, political signs for municipal, provincial or federal elections,
temporary portable signs shall not require a building permit;
iii)
All applications shall include a scale drawing specifying dimensions,
materials, illumination, letter sizes, colours, support systems, and
location on land or buildings, with all relevant measurements.
b) Safety Standards
No person shall erect or maintain a sign which:
i)
Is an imitation of a traffic control device or contain the words "Stop",
"go slow", "caution", "danger", "warning" or similar words;
19
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
ii)
Has a size, location, movement, content, colouring, or manner of
illumination which may be confused with, constructed as, or tend to
hide from view, any traffic control device; or advertise an activity,
business, product or service no longer conducted on the premises on
which the sign is located;
iii)
Is in a defective condition or a state of disrepair. The sign shall be
adequately repaired by the owner or lessee on receiving written notice
from the development officer and if the condition is not repaired within
30 days of the mailing of such notice, the sign shall be removed and if
not removed by the owner or lessee, the development officer shall order
the removal of the sign at the expense of the owner.
c) Sign Provisions
i)
Temporary mobile signs will be permitted for a maximum of two weeks
in any zone for such purposes as social events, commercial promotions,
store openings, auctions, special sales, cultural and social events and for
any other similar purpose;
ii)
Inflatable sign, banner, streamer, or spinner for occasions such as
grand openings, fairs, and public festivals will be permitted for a period
not to exceed twenty-one (21) calendar days;
iii)
General Advertising signs, Wall signs and Free Standing signs are
permitted in all zones except the residential zone provided that:
a)
they shall not exceed 20 sq m in area;
b)
they do not exceed the maximum height of a building or structure
allowed in the zone;
iv)
Home occupation signs may be placed in all zones provided that they
do not exceed 0.4 sq m;
v)
A sign not exceeding 3.0 sq m in area indicating the name of a farm and
identifying the nature of the agricultural activity may be placed in the
residential zone.
20
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
3.19 Development Near a Watercourse or Lake
a)
No development including soil disturbance shall be permitted within 50 ft
(15.24 m) of a watercourse or from the high water mark of a lake or the top of
a sloped embankment unless approved by Department of the Environment;
b)
Development shall be permitted such as, but not limited to, accessory
buildings, encroachments such as wheel chair ramps, steps, patios and other
structures which do not disturb the soil;
c)
Alterations to existing buildings in the 50 ft setbacks from a watercourse are
permitted provided that the alteration does not involve soil disturbance.
3.20 Fences
Notwithstanding any other provisions of this By-law, a fence may be located near a
yard in any zone subject to the following:
a)
Except for a security fence of chain link construction, no fence in a
required front yard may exceed 1.5 m (5 ft) in height. A security fence is
permitted to a maximum of 3 m (10 ft) in any yard;
b)
Subject to the requirements of subsection a) other fences or walls shall
not exceed 2.4 m (8 ft) in height;
c)
Fences may be located on the lot line where all owners affected by the
proposed fence have signed the building permit application.
3.21 Landscaping and Drainage
a) Landscaping
i)
Subject to this section, the owner of a lot developed for residential
purposes shall landscape:
a)
the front yard of the main building; and
b)
that part of the lot within 1.5 m (5 ft) of any building thereon.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
ii)
For the purpose of this section, landscaping shall include:
a)
all grading necessary to divert surface water from the dwelling and
from adjacent properties and insofar as it is reasonably possible, to
contour the yard to the surrounding terrain, together with the
installation of a lawn having a minimum of 8.75 cm (3.5 in) of
topsoil; and
b)
may include the placement of such paths, patios, walkways, trees,
ornamental shrubs, vines and flowers.
3.22 Home Occupation
a) General Provisions
i)
Shall be secondary to the use of the dwelling unit, and will occupy no
more than 50 percent of the dwelling floor area of a residential unit, or
25 percent of the sum of the dwelling floor plus the gross floor area of an
accessory structure involved in the home occupation;
ii)
Not change the character of the building as a private residence or create
or become a nuisance;
iii)
One off street parking space is provided in addition to the parking space
requirement of the use. (See parking 3.16);
iv)
The following are not deemed to be home occupations:
a)
automotive repair shops
b)
large appliance repair
c)
service industries
d)
small engine repair
v)
A home occupation be conducted only by members of the family,
resident therein, (one additional person may be engaged other than
a family member or resident.
vi)
No goods or services other than those directly pertaining to the home
occupation are supplied or sold therein.
22
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
b) Environmental Standards
i)
There shall be no emission of odorous gases or matter in such
magnitude as to be readily discernible by the casual observer at the lot
line;
ii)
There shall be no production of noise in excess of normal street traffic
experienced at the lot boundary;
iii)
There shall be no physical hazard by reason of fire, explosion, toxic
waste, radiation or similar cause to adjacent property;
iv)
There shall be no discharge of any waste material whatsoever on the
property, adjacent property or into any watercourse;
v)
There shall be no dissemination of glare or vibration beyond the
immediate building.
3.23 Enclosure for Swimming Pools
a)
No land may be used for purposes of a swimming pool unless the pool is
enclosed by a fence or by a wall of a building or structure, or by a
combinations of walls and fences, at least 1.5 m (5 ft) in height and meeting
the requirements of this section.
b)
Where a portion of a wall of a building forms part of an enclosure, no main or
service entrance to the building may be located therein; and any door therein,
other than a door to a dwelling or rooming unit, shall be self-closing and
equipped with a self-latching device at least 1.2 m (4 ft) above the bottom of
the door.
c)
The enclosure shall not have rails, bracing or other attachments on the outside
thereof that would facilitate climbing.
d)
A fence mentioned in subsection a):
i)
shall be made of chain link construction, with galvanized, vinyl or other
CSA - approved coating, or of wood or of other materials;
ii)
shall not be electrified or incorporate barbed wire or other dangerous
material and;
iii)
shall be located at least 1.5 m (5 ft) from the edge of the swimming pool;
and;
23
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
ii) In the case of wood construction:
a)
vertical boarding, not less than 2.5 cm x 10 cm (1 in x 4 in) nominal
dimensions spaced not more than 3.75 cm (1. 5 in) apart, attached to
supporting members and arranged in such manner as not to
facilitate climbing on the fence.
b)
supporting wood posts at least 35 cm (14 in) square or round with
10 cm (4 in) diameters, set below frost and spaced not more than
2.4 m (8 ft) apart, with the portion below grade treated with a wood
preservative, and with a top horizontal rail of at least 5 x 15 cm
(2 x 6 in) nominal dimensions;
iii)
In the case of construction with materials and in a manner other than
described in this subsection, rigidity equal to that.
f)
Gates forming part of an enclosure mentioned in subsection c):
i)
shall be equivalent to the fence in content, manner of construction and
height;
ii)
shall be supported on substantial hinges; and
iii)
shall be self-closing and equipped with a self-latching device at least
1.2 m (4 ft) above the bottom of the gate.
3.24 Pets
Except for the "RR" zone, the keeping of animals is restricted to household pets.
3.25 Single Detached Dwelling Units - Minimum Size
a)
Building shall have a minimum width and length of 6.25 m (20 ft).
24
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
25
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 4 - ZONE CLASSIFICATION
4.1
For the purpose of this By-law, the following zones are established and the
lands included in each zone are shown on the Zoning map.
PARTS
ZONES
SHORT TITLES
Part 5
Residential
R
Part 6
Rural Residential
RR
Part 7
Mobile/Mini Home
MH
Part 8
Mixed
M
Part 9
Residential Mixed
RM
Part 10
Institutional
Inst
Part 11
Conservation
C
26
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
27
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 5 - RESIDENTIAL (R) ZONE
5.1 Uses
a) Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose, one of the following main or similar uses:
i)
one or two dwelling unit;
ii)
park or playground;
iii)
place of worship;
iv)
home occupation;
v)
community center;
vi)
existing agricultural uses (see the "Village of Port Elgin Municipal Plan"
Policy No. 11.10);
vii) special care home
b) Uses Subject to Conditions
The following main, secondary and/or similar uses will be permitted as
building conversions and will be subject to such terms and conditions as may
be imposed by the Planning Commission and Municipal Plan policy:
i)
bed and breakfast, Inn, hotel and motel;
ii)
antique store;
iii)
museum;
iv)
conversion of existing residential buildings to multiple unit buildings;
v)
craft and tourist store;
vi)
licensed daycare (7 or more children);
vii) home occupations in an accessory building.
28
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
5.2 Zone Requirements
Residential and Residential Mixed
Residential
Dwelling
Unit (1)
Residential
Side by Side
Two Dwelling
Units
Residential
Multiple
Dwelling
Units 3+
Community
Building (1)
Commercial
Building (2)
Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Front/Flankage
Yard
Minimum
Side Yards
Minimum
Rear Yards
Maximum
Building Height
Maximum
Lot Coverage
557.4 sq m
18.3 m
7.62 m
2.74 m
1.21 m
7.62 m
10.7 m
50 %
50 %
50 %
50 %
10.7 m
10.7 m
10.7 m
7.62 m
7.62 m
7.62 m
9.14 m
2.74 m
1.21 m
3.05 m / all
3.05 m
3.05 m
3.05 m
or half the height
whichever is the
greatest
7.62 m
7.62m
7.62 m
9.14 m
18.3 m
18.3 m
557.4 sq m
557.4 sq m
650.3 sq m
640 sq m
93 sq m /ea unit
21.34 m
30.48 m
(1)
Includes place of worship, community centre, museum, licensed daycare
(2)
Includes bed and breakfast, antique store, restaurant, tourist store or similar uses
Table 1
29
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 6 - RURAL RESIDENTIAL (RR) ZONE
6.1 Uses
a) Permitted Uses
Any land, building or structure may be used for the purposes of, and for not
other purpose, one of the following main or similar uses:
i)
agricultural use;
ii)
farm market outlet;
iii)
kennel;
iv)
veterinarian clinic;
v)
forestry use;
vi)
recreational uses (except for camping facilities);
vii) one or two dwelling unit;
viii) special care home;
ix)
home occupation;
x)
bed and breakfast;
xi)
place of worship;
xii)
building for public assembly, cultural and social activities;
xiii) park and playground;
b) Uses Subject to Conditions
i)
The following main, secondary and/or similar uses are subject to such
terms and conditions as may be imposed by the Commission and
Municipal Plan policy:
i)
extractive activities (see the "Village of Port Elgin Municipal Plan"
Policy No. 3.3.5.6);
ii)
campground facility;
iii)
tourist accomodation;
iv)
home occupation in accessory building.
ii)
The following main, secondary and/or similar uses will be permitted as
building conversions and will be subject to such terms and conditions as
may be imposed by the Planning Commission and Municipal Plan
policy:
i)
licensed daycare (more than 7 children);
ii)
full service restaurant;
iii)
multiple dwelling units;
30
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
6.2 Zone Requirements
6.3 Other Requirement
A minimum seperation distance of 20 meters shall be maintained between any
barn, kennel, stable or other building intended for the keeping of animals (except
household pets) and any residential non-farm dwelling.
Rural Residential
(1)
Includes place of worship, community centre, municipal recreation, licensed daycare
(2)
Includes but not limited to :bed and breakfast, restaurant, campground, tourist shop
Residential
Dwelling
Unit (1)
Residential
Side by Side
Two Dwelling
Units
Residential
Multiple
Dwelling
Units 3+
Community
Building (2)
Commercial
Building (3)
Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Front/Flankage
Yard
Minimum
Side Yards
Minimum
Rear Yards
Maximum
Building Height
Maximum
Lot Coverage
7.62 m
2.74 m
7.62m
10.7 m
50 %
50 %
50 %
40 %
10.7 m
10.7 m
10.7 m
7.62m
7.62m
7.62m
4 m / all
2.74 m
9.14 m
3.05 m
3.05 m
or half the height
whichever is the
7.62 m
7.62m
7.62 m
30.48 m
18.28 m
Agricultural
Buildings
7.62m
3.05 m
7.62m
As required by Department of Health and Wellness
As required by Department of Health and Wellness
Table 2
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 7 - MOBILE / MINI HOME (MH) ZONE
7.1 Uses
a) Permitted Uses
Any land may be used for the purpose of, and for no other purpose,
i)
mobile home or mini home
ii)
home occupation
Any accessory building, structure or use incidental to the main use of the land
if such main use is permitted by this section.
Accessory structures
i)
shall not exceed one storey or 4.27 m in height
ii)
shall not be placed within the front yard
iii)
shall not be larger than 5% of lot size
b) Uses Subject to Conditions
The following secondary use is subject to such terms and conditions as may
be imposed by the Commission
i)
home occupation in an accessory building.
32
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
7.2 Zone Requirements
Minimum
Lot Frontage
Minimum
Front / Flankage Yard
Minimum
Side Yard
Minimum
Rear Yard
Maximum
Lot Coverage
Mobile / Mini Home Residential
Zone Requirements
18.28 m
5.48 m
2.74 m
1.21 m
7.62 m
50 %
Mobile/Mini Home Residential
Table 3
33
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 8 - MIXED (M) ZONE
8.1 Uses
a) Permitted Uses
Any land, building or structure may be used for purpose of, and for no other
purpose:
i)
residential use;
a) one or two unit dwelling
b) multiple unit dwelling
c) boarding house
d) housing complex
e) row house
ii)
veterinarian clinic;
iii)
hospital and clinic;
iv)
special care home;
v)
nursing home;
vi)
building for public assembly, cultural and social activities;
vii)
financial institution;
viii)
government building;
xix)
hotel or motel;
x)
educational use;
xi)
office;
xii)
personal service shop;
xiii)
service shop;
xiv)
funeral home;
xv)
place of worship;
xvi)
recreation, amusement or entertainment;
xvii)
restaurant, takeout, drive through;
xviii) licensed beverage establishement;
xix)
retail store;
xx)
service station and/or motor vehicle repair garage;
xxi)
bus and taxi station;
xxii)
contractor's establishment, including storage yard;
xxiii) manufacturing, assembly or fabrication industry;
xxiv) machine shop;
xxv)
recycling depot;
xxvi) processing establishment;
xxvii) service or sales industry;
xxviii) trucking and transport depot and ware;
xxix)
warehouse or storage establishment;
34
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
xxx)
waste transfer station;
xxxi)
manufacturing, assembly or fabrication plant;
xxxii) wholesaler;
xxxiii) existing agricultural use (see the "Village of Port Elgin Municipal Plan"
Policy No. 11.10);
xxxiv) fairground;
xxxv) protective service;
xxxvi) licensed daycare
b) Uses Subject to Conditions
The following main, secondary and/or similar uses are subject to such terms and
conditions as may be imposed by the Commission and Municipal Plan policy:
i)
major retail
8.2 Pollution Abatment Standards
Pollution abatement standards for light industrial uses:
a)
that no dissemination of smoke, fumes, gas, dust odor or any
atmospheric pollutant;
b)
that no discharge of any waste material into any watercourse except in
accordance with all applicable governmental requirements;
c)
that no physical hazards by reason of fire, explosion, radiation or similar
cause to property in the same or adjacent zones.
d)
that any use be destructive, unhealthy or hazarduous for humans,
animals or vegetation.
35
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
Note: Industrial accessory buildings and structures may not exceed 7.32 m in height; may not be placed, erected or
altered so that it is within the front yard of the main building; or, within 6.1 m of a side lot or a rear lot line.
8.3 Zone Requirements
Table 4
Mixed
Residential
Dwelling
Unit (1)
Residential
Side by Side
Two Dwelling
Units
Residential
Multiple
Dwelling
Units 3+
Row Houses
Service
Stations
Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Front/Flankage
Yard
Minimum
Side Yards
Minimum
Rear Yards
Maximum
Building Height
Maximum
Lot Coverage
557.4 sq m
18.3 m
7.62 m
2.74 m
1.21 m
7.62m
12.2 m
50 %
50 %
40 %
50 %
12.2 m
12.2 m
12.2 m
7.62m
9.14 m
9.14 m
9.14 m
2.74 m
1.21 m
3.05 m or half
the height of the
main building
6 m
12 m abutting
single family
residential
7.62 m
9.14 m
9.14 m
9.14 m
6 m
36.57 m
131 sq m
per unit
1800 sq m
650.3 sq m
640 sq m
93 sq m / unit
21.34 m
24.38 m
Other
Commercial
buildings
557.4 sq m
18.3 m
7.62 m
4 m
0 m
3.05 m
3.05 m
7.62m
19.8 m
12.2 m
50 %
60 %
Industrial
building
1393.5 sq m
30.5 m
9.14 m
9.14 m
9.14 m
12.2 m
50 %
36
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
37
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 9 - RESIDENTIAL MIXED (RM) ZONE
9.1 Uses
a) Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose, one of the following main or similar uses:
i)
one or two dwelling unit;
ii)
tourist accomodation (inn, bed and breakfast, motel, hotel);
iii)
professionnal office;
iv)
personal service shop;
v)
service and repair shop;
vi)
recreation, amusement and entertainement;
vii) restaurant;
viii) licensed beverage establishment;
ix)
retail store;
x)
funeral home;
xi)
special care home;
xii)
museum;
xiii) art and culture centre;
xiv) place of worship;
xv)
car maintenance garage
xvi) protective service.
xvii) home occupation
xviii)licensed daycare
b) Uses Subject to Conditions
The following secondary use is subject to such terms and conditions as may
be imposed by the Commission
i)
home occupation in an accessory building.
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
9.2 Zone Requirements
Residential and Residential Mixed
Residential
Dwelling
Unit (1)
Residential
Side by Side
Two Dwelling
Units
Residential
Multiple
Dwelling
Units 3+
Community
Building (1)
Commercial
Building (2)
Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Front/Flankage
Yard
Minimum
Side Yards
Minimum
Rear Yards
Maximum
Building Height
Maximum
Lot Coverage
557.4 sq m
18.3 m
7.62 m
2.74 m
1.21 m
7.62 m
10.7 m
50 %
50 %
50 %
50 %
10.7 m
10.7 m
10.7 m
7.62 m
7.62 m
7.62 m
9.14 m
2.74 m
1.21 m
3.05 m / all
3.05 m
3.05 m
3.05 m
or half the height
whichever is the
greatest
7.62 m
7.62m
7.62 m
9.14 m
18.3 m
18.3 m
557.4 sq m
557.4 sq m
650.3 sq m
640 sq m
93 sq m /ea unit
21.34 m
30.48 m
(1)
Includes place of worship, community centre, museum, licensed daycare
(2)
Includes bed and breakfast, antique store, restaurant, tourist store or similar uses
Table 5
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 10 - INSTITUTIONAL (I) ZONE
10.1 Uses
a) Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose, one or more of the following main and/or similar uses:
i)
art and cultural center;
ii)
place of worship;
iii)
community center;
iv)
licensed daycare facility;
v)
funeral home;
vi)
cemetery;
vii) educational facility;
viii) governmental or municipal facility;
ix)
hospital and clinic;
x)
nursing home;
xi)
senior citizen housing complex;
xii)
special care;
xiii) park or playground;
xiv) recreational facility;
xv)
accessory dwelling unit subject to the zoning requirements of the R zone;
xvi) public utility structures and land development
xvii) protective service.
40
VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
10.2 Zone Requirements
Institutional
Zone Requirements
Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Front / Flankage
Yard
Minimum
Side Yard
Minimum
Rear Yard.
Maximum
Building Height
Maximum
Lot Coverage
557.4 sq. m
21.34 m
7.62 m
3 m or 1/2 the
height whichever
is the greatest
15.2 m
35%
note:
accessory dwelling unit associated
with an institutional use will subject to the
Residential zoning requirements.
note:
utility structure will not be subject
to the zoning requirements.
7.62 m
Table 6
Institutional
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43
PART 11 - CONSERVATION
11.1 Uses
a) Permitted Uses
Any land may be used for the purposes of, and for no other purpose, the
following main or similar uses:
i)
public open space;
b) Uses Subject to Conditions
Any land, building or structure may be used for the purpose, and for no
other purpose, one or more of the following main or similar uses; but
shall be
subject to conditions:
i)
recreational use;
ii)
ecotourism activity
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VILLAGE OF PORT ELGIN ZONING BY-LAW, BY-LAW NO. 01-43