By-Law 91-14 Zoning By-Law (Office Consolidation)

Beckwith, Ontario · adopted 1991-06-17

This is the exact embedded text of the captured official document. Snapshot c698680be234 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

This is an Office Consolidation Copy. The original By-laws should be consulted for accurate references. TOWNSHIP OF BECKWITH ZONING BY-LAW NO. 91-14 Adopted: June 17, 1991 Office Consolidation: August 25, 2015 As amended by the Order of the Ontario Municipal Board dated November 3, 1993 and by the following By-laws: No. 91-17, No. 91-28, No. 92-08, No. 92-11, No. 92-14, No. 92-19, No. 92-19A, No. 92-27; No. 93-04, No. 93-07, No. 93-13, No. 93-14, No. 93-16, No. 93-21A, No. 93-23; No. 93-26, No. 93-27, No. 93-28, No. 94-02, No. 94-03, No. 94-05, No. 94-06, No. 94-11, No. 94-12, No. 94-13, No. 94-14, No. 94-16, No. 94-17, No. 94-19, No. 94-27, No. 95-10, No. 95-11, No. 95-18, No. 95-18A, No. 95-19, No. 95-21, No. 95-22, No. 95-23, No. 95-24, No. 95-25, No. 95-27, No. 95-28, No. 95-29, No. 95-30, No. 95-31, No. 96-02, No. 96-07, No. 96-08, No. 96-09, No. 96-12, No. 96-15, No. 96-16, No. 96-17, No. 96-18, No. 96-22, No. 96-30, No. 96-31, No. 97-01; No. 97-02; No. 97-04; No. 97-09; No. 97-11; No. 97-13; No. 97-14; No. 97-15; No. 97-16; No. 97-18; No. 97-19; No. 97-22; No. 97-27; No. 97-28; No. 98-04; No. 98-05; No. 98-06; No. 98-10; No. 98-11; No. 98-14; No. 98-15; No. 98-16; No. 98-21; No. 98-24; No. 98-25; No. 99-02; No. 99-03; No. 99-05; No. 99-06; No. 99-11; No. 99-12; No. 99-18; No. 99-19; No. 99-20; No. 99-21; No. 99-22; No. 99-26; No. 99-29; No. 99-33; No.00-02; No. 00-05; No. 00-06; No. 00-13; No. 00-13A; No. 00-14; No. 00-17; No. 00-18; No. 00-24; No. 00-26; No. 00-28; No. 00-30; No. 00-31; No. 00-35; No. 00-36; No. 00-39; No. 00-40; No. 00-41; No. 00-43; No. 00-44; No. 01-10; No. 01-11; No. 01-12; No. 01-16; No. 01-17; No. 01-23; No. 02-01; No. 02-02; No.02-09; No. 02-10; No. 02-13; No. 02-15; No. 02-16; No. 02-17; No. 02-25; No. 02-26; No. 02-30; No. 02-34; No. 02-35; No. 02-40; No. 02-41; No. 02-45; No.03-08; No. 03-21; No. 03-22; No. 03-28; No. 03-34; No. 03-35; No. 03-38; No. 03-39; No. 03-43; No. 04-01; No. 04-02; No. 04-07; No. 04-12; No. 04-15; No. 04-23; No. 04-24; No. 04-25; No. 04-30; No. 04-31; No. 04-32; No. 04-33; No. 04-43; No. 04-44; No. 04-45; No. 04-46; No. 04-52; No. 04-55; No. 04-56; No. 04-62; No. 04-63; No. 05-16; No. 05-23; No. 05-25; No. 05-33; No. 05-37; No. 05-38; No. 42-05; No. 05-49; No. 05-50; No. 05-53; No. 05-56; No. 06-17; No. 06-18; No. 06-21; No. 06-22; No. 06-26; No. 06-28; No. 06-35; No. 06-38; No. 06-48; No. 06-50; No. 06-54; No. 06-55; No. 06-57; No. 06-61; No. 07-05; No. 07-09; No. 07-24; No. 07-25; No. 07-27; No. 07-35; No. 07-45; No. 08-12; No. 08-16; No. 08-28; No. 08-33; No. 08-40; No. 08-44; No. 08-34; No. 08-41; No. 08-45; No. 08-39; No. 08-49; No. 08-50; No. 08-53; No. 08-54; No. 08-55; No. 08-56; No. 09-08; No. 09-22; No. 09-27; No. 09-28; No. 09-35; No. 09-47; No. 09-57; No. 09-58; No. 09-65; No. 09-66; No. 09-67; No. 09-68; No. 10-01; No. 10-03; No. 10-04; No. 10-05; No. 10-06; No. 10-12; No. 10-47; No. 11-04; No. 11-12; No. 11-17; No. 11-21; No. 11-24; No. 11-27; No. 11-35; No. 11-42; No. 12-23; No. 12-26; No. 12-27; No. 12-29; No. 13-27; No. 13-33; No.14-12; No. 15-14; No. 15-15; No. 15-26; No. 15-27; Prepared by: J.L. RICHARDS & ASSOCIATES LIMITED Consulting Engineers, Architects & Planners 864 Lady Ellen Place Ottawa, Ontario KlZ 5M2 JLR 11039 - i - THE CORPORATION OF THE TOWNSHIP OF BECKWITH ZONING BY-LAW NO. 91-14 Being a By-law for prohibiting the use of land for or except for such purposes as may be set out in this By-law and for prohibiting the erection or use of buildings or structures for or except for such purposes as may be set out in the By-law within the said lands, and for regulating the character and use of the said lands; WHEREAS authority is granted under Section 34 of the Planning Act, 1983 to the Council of the Corporation of the Township of Beckwith, to pass this By-law; NOW THEREFORE the Council of the Corporation of the Township of Beckwith enacts as follows: - ii - - TABLE OF CONTENTS - SECTION 1 AUTHORIZATION AND ADMINISTRATION ........................................................ 1 1.1 Title ............................................................................................................................... 1 1.2 Defined Area ................................................................................................................. 1 1.3 Scope ............................................................................................................................. 1 1.4 Effective Date ............................................................................................................... 1 1.5 Validity ......................................................................................................................... 1 1.6 Violations and Penalties ................................................................................................ 1 1.7 Remedies ....................................................................................................................... 1 1.8 Administrator ................................................................................................................ 1 1.9 Inspection of Premises .................................................................................................. 2 1.10 Licences and Permits ........................................................................................................ 2 1.11 Certificate of Occupancy .............................................................................................. 2 1.12 Interpretation ................................................................................................................. 2 1.13 Repeal of Existing By-laws .......................................................................................... 2 1.14 Request for Amendments .............................................................................................. 2 1.15 Technical Revisions to the Zoning By-law ................................................................... 2 SECTION 2 DEFINITIONS .............................................................................................................. 4 SECTION 3 GENERAL PROVISIONS ......................................................................................... 17 3.1 Accessory Uses ........................................................................................................... 17 3.2 Adult Entertainment - Goods ..................................................................................... 17 3.3 Adult Entertainment Parlour ....................................................................................... 18 3.4 Buildings to be Moved ................................................................................................ 18 3.5 Corner Lot Sight Lines ................................................................................................ 19 3.6 Frontage on an Improved Street .................................................................................. 19 3.7 Group Homes .............................................................................................................. 19 3.8 Height Exceptions ....................................................................................................... 20 3.9 Home Industry ............................................................................................................ 20 3.10 Home Occupations ...................................................................................................... 21 3.11 Loading Requirements ................................................................................................ 22 3.12 Medical Marijuana Facility ......................................................................................... 23 3.13 Non-Conforming Uses ................................................................................................ 24 3.14 Noxious Uses .............................................................................................................. 25 3.15 Occupancy Restrictions .............................................................................................. 25 3.16 Open Storage ............................................................................................................... 25 3.17 Parking Requirements ................................................................................................. 26 3.18 Public Uses Permitted ................................................................................................. 28 3.19 Railway Crossings and Sight Distance ....................................................................... 28 3.20 Rural Home Occupations ............................................................................................ 28 3.21 Separation Distances ................................................................................................... 29 3.22 Setbacks ...................................................................................................................... 30 3.23 Special Provisions for Automobile Service Stations and Commercial Garages ......... 31 3.24 Swimming Pools ......................................................................................................... 31 3.25 Temporary Uses Permitted ......................................................................................... 31 3.26 Through Lots ............................................................................................................... 31 - iii - 3.27 Vehicle Storage ........................................................................................................... 32 3.28 Yard Encroachments ................................................................................................... 32 3.29 Uses Prohibited ........................................................................................................... 32 3.30 Secondary Dwellings .................................................................................................. 32 3.31 Sleep Cabins ................................................................................................................ 33 SECTION 4 ZONES ........................................................................................................................ 34 4.1 Zone Classifications .................................................................................................... 34 4.2 Schedules .................................................................................................................... 35 4.3 Boundaries of Zones ................................................................................................... 35 4.4 Streets and Rights-of-Way .......................................................................................... 35 4.5 Holding Zones ............................................................................................................. 35 4.6 Special Exception Zones ............................................................................................. 36 4.7 Temporary Use Zones ................................................................................................. 36 4.8 Special Provision Zone ............................................................................................... 36 SECTION 5 RESIDENTIAL ZONES ............................................................................................. 37 5.1 Residential (R) ............................................................................................................ 37 5.2 Multiple Residential (RM) .......................................................................................... 39 5.3 Residential Mobile Home Park (RMHP) .................................................................... 40 5.4 Rural Residential (RR) ................................................................................................ 40 5.5 Limited Services Residential (RLS) ........................................................................... 42 5.6 Additional Provisions for Residential Zones .............................................................. 46 SECTION 6 COMMERCIAL ZONES ............................................................................................ 48 6.1 Commercial (C) .......................................................................................................... 48 6.2 Shopping Centre Commercial (CS) ............................................................................ 50 6.3 Local Commercial (CL ............................................................................................... 51 6.4 Tourist Commercial (CT)............................................................................................ 52 6.5 Rural Commercial (CR) .............................................................................................. 53 6.6 Additional Provisions for Commercial Zones ............................................................ 54 SECTION 7 INDUSTRIAL ZONES ............................................................................................... 55 7.1 Industrial Park (MP) ................................................................................................... 55 7.2 Rural Industrial (MR) ................................................................................................. 58 7.3 Additional Provisions for Industrial Zones ................................................................. 59 SECTION 8 INSTITUTIONAL ZONE .......................................................................................... 61 8.1 Institutional (I) ............................................................................................................ 61 8.2 Additional Provisions for Institutional Zone .............................................................. 61 SECTION 9 OPEN SPACE ZONE ................................................................................................. 63 9.1 Open Space (O) ........................................................................................................... 63 9.2 Additional Provisions for Open Space Zone .............................................................. 63 - iv - SECTION 10 AGRICULTURE ZONE ........................................................................................... 64 10.1 Agriculture (A) ............................................................................................................ 64 10.2 Additional Provisions for Agriculture Zone ............................................................... 66 SECTION 11 RURAL ZONE ......................................................................................................... 67 11.1 Rural (RU) .................................................................................................................. 67 11.2 Additional Provisions for Rural Zone ......................................................................... 75 SECTION 12 FLOOD PLAIN ZONE ................................................................................................ 76 12.1 Flood Plain (FP) .......................................................................................................... 76 12.2 Additional Provisions for Flood Plain Zone ............................................................... 87 SECTION 13 WETLANDS ZONE ................................................................................................. 88 13.1 Wetlands (W) .............................................................................................................. 88 13.2 Additional Provisions for Wetlands Zone ................................................................... 88 SECTION 14 MINERAL AGGREGATE ZONES ......................................................................... 89 14.1 Mineral Aggregate - Pit (AP) ...................................................................................... 89 14.2 Mineral Aggregate - Quarry (AQ) .............................................................................. 89 14.3 Mineral Aggregate - Pit Reserve Area (APR) ............................................................ 90 14.4 Mineral Aggregate - Quarry Reserve Area (AQR) .................................................... 90 14.5 Additional Provisions for Mineral Aggregate Zones .................................................. 90 SECTION 15 CONSTRAINT ZONE .............................................................................................. 91 15.1 Constraint (CON) ........................................................................................................ 91 15.2 Additional Provisions for Constraint Zone ................................................................. 91 SECTION 16 WRECKING YARD ZONE ..................................................................................... 92 16.1 Wrecking Yard (WY) ................................................................................................. 92 16.2 Additional Provisions for Wrecking Yard Zone ......................................................... 93 SECTION 17 WASTE DISPOSAL ZONE ..................................................................................... 94 17.1 Waste Disposal (WD) ................................................................................................. 94 17.2 Additional Provisions for Waste Disposal Zone ......................................................... 94 SECTION 18 SEPTAGE DISPOSAL ZONE ................................................................................. 95 18.1 Septage Disposal (SD) ................................................................................................ 95 18.2 Additional Provisions for Septage Disposal Zone ...................................................... 95 SCHEDULE 'A' SCHEDULE 'B' APPENDIX 1 - 1 - SECTION 1 AUTHORIZATION AND ADMINISTRATION 1.1 Title This By-law shall be known as the "Zoning By-law" or By-law No. 91-14 of the Corporation of the Township of Beckwith. 1.2 Defined Area The provisions of this By-law shall apply to all lands within the boundaries of the Corporation of the Township of Beckwith except those lands as noted on Schedule 'A' which lands will continue to be governed by Zoning By-law No. 79-18, as amended. 1.3 Scope No land shall be used and no buildings or structures shall be erected, altered, enlarged, or used within the Township of Beckwith except in conformity with the provisions of this By-law. This By-law shall not reduce or mitigate any restrictions lawfully imposed by an authority having jurisdiction to make such restrictions. No person shall change the purpose for which any land, building or structure is used, or erect any new building or structure or addition to any existing building or structure or sever any lands from an existing parcel if the effect of such action is to cause the original, adjoining or remaining lands, buildings or structures to be in contravention of this By-law. 1.4 Effective Date This By-law shall come into full force and effect as of the date of passing hereof by Council. 1.5 Validity Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 1.6 Violations and Penalties Any person convicted of a breach of any of the provisions of this By-law shall be liable to a fine in accordance with the provisions of the Planning Act, and every penalty shall be recoverable under the Provincial Offences Act. 1.7 Remedies Where any building, structure or use is in contravention of any provisions of this By-law, such contravention may be restrained by action at the instance of any ratepayer or of the Corporation. 1.8 Administrator This By-law shall be administered by a person designated by the Council of the Township of Beckwith as the "Zoning Administrator". - 2 - 1.9 Inspection of Premises The Zoning Administrator or any employee of the Township of Beckwith acting under his direction, may, at any reasonable hour (as set out by Council), enter and inspect a property or premises for the purpose of carrying out his duties under this By-law. Notwithstanding the foregoing, the Zoning Administrator or other employee shall not enter into a dwelling unit without the consent of the occupant except under the authority of a search warrant. 1.10 Licences and Permits No municipal permit, certificate, or licence shall be issued for a proposed use of land or a proposed erection, alteration, enlargement or use of any building or structure that is in contravention of any provision of this By-law. In addition, where the approval of another agency or authority is required, such approval shall be obtained and submitted to the Zoning Administrator at the time of application for a building permit. 1.11 Certificate of Occupancy No change shall be made in the type of use of any land, building or structure within any zone, without first obtaining a Certificate of Occupancy from the Municipality. 1.12 Interpretation The provisions of this By-law shall be held to be the minimum requirements except where the word maximum is used, in which case the maximum requirement shall apply. In this By-law, the word "shall" is mandatory; words in the singular include the plural; words in the plural include the singular number; words in the present tense include the future. 1.13 Repeal of Existing By-laws All By-laws of the Corporation enacted pursuant to Section 34 of the Planning Act, or a predecessor thereof as they affect the lands which are governed by this By-law, are hereby repealed and such repeal shall come into effect upon the date this By-law comes into force. 1.14 Request for Amendments Every request for an amendment to this Zoning By-law shall be accompanied by a completed copy of the Corporation's Application for Amendment to Zoning By-law'. 1.15 Technical Revisions to the Zoning By-law Revisions may be made to this By-law without the need for a Zoning By-law Amendment in the following cases: (a) Correction of grammar, punctuation or typographical errors or revisions to format in a manner that does not change the intent of provisions; (b) Adding or revising technical information on maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updating and correcting infrastructure information, keys, legends or title blocks; - 3 - (c) Changes to appendices, footnotes, headings, indices, marginal notes, tables of contents, illustrations, historical or reference information, page numbering, footers and headers, which do not form a part of this By-law and are editorially inserted for convenience of reference only. - 4 - SECTION 2 DEFINITIONS In this By-law, unless the context requires otherwise, the definitions and interpretations of this Section shall apply. 2.1 Accessory shall mean a use, building or structure that is customarily incidental and subordinate to the main use and located on the same lot with such main use. 2.2 Adult Entertainment - Goods means any premises in which are provided, in pursuance of a business, goods designed to appeal to erotic or sexual appetites or inclinations where: a) "to provide" when used in relation to goods includes to sell, or rent offer to sell or rent or display for sale or rent, by retail or otherwise such goods and "providing", "provided" and "provision" have corresponding meanings. Notwithstanding the foregoing, adult entertainment - goods shall not include a premises where the provision or sale or rent of goods appealing to erotic or sexual appetites or inclinations is clearly subordinate to the principal trade of the enterprise. Such exemption shall include, but not be limited to, video rental or sales establishments, book stores and convenience stores where the revenue generated from the sale or rental of such goods represents less than 30% of the total gross receipts. 2.3 Adult Entertainment Parlour means any premises or part thereof in which are provided, in pursuance of a business, services designed to appeal to erotic or sexual appetites or inclinations; 2.4 Agricultural Use shall mean the use of land, building or structures for: (a) the growing of crops, including all related activities such as soil preparation, manure or fertilizer spreading, planting, spraying, irrigating, harvesting and also including the storage and sale of crops; (b) the raising, boarding, keeping and sale of all forms of livestock, including dogs and cats, as well as all related activities such as breeding, training, feeding and grazing and including the raising of fish; (c) the production of animal products such as milk, eggs, wool, fur or honey, including related activities such as the collection, storage and sale of the products; (d) a greenhouse or nursery garden, including storage and sale of the products; (e) forestry activities including the planting, harvesting and sale of forest products; (f) and shall include the use and storage of all forms of equipment or machinery including a portable sawmill needed to accomplish the foregoing activities. Agricultural use shall not be construed to include commercial activities related to agriculture or forestry such as abattoirs, tanneries or manufacturing activities involving farm crops, animal products or wood products. - 5 - 2.5 Alter shall mean: (a) with reference to a building or part thereof, to change any one or more of the external dimensions of the building or to change the type of construction of the exterior walls or roof; (b) with reference to a lot, to change the area, frontage or depth thereof; to change the width, depth or area of any required yard or parking area; or to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of such lot or otherwise. Altered and alteration shall have corresponding meanings. 2.6 Attached shall mean a building or structure otherwise complete in itself, which depends for structural support, or complete enclosure, upon a division wall or walls shared in common with adjacent buildings or structures. 2.7 Automobile Service Station shall mean a building where gasoline or oil is kept for sale and where only minor or emergency repairs essential to the actual operation of motor vehicles may also be performed, where grease, anti-freeze, tires, spark plugs and other automobile accessories may be sold incidentally, and where motor vehicles may also be oiled, greased, or washed, but where no other activities of a commercial garage are carried on. 2.8 Backyard Hen Coop shall mean an accessory residential structure consisting of a coop and run and intended to house a maximum of six (6) female egg laying chickens. Backyard hen coops shall securely contain the hens and will conform to the policies of Section 3.1 and the Township's Animal Control By-Law. 2.9 Basement shall mean that portion of a building between two floor levels which is partly underground but which has at least one-half of its height from finished floor to finished ceiling above the average level of ground adjacent to the exterior walls of the building. 2.10 Building shall mean a structure having a roof supported by columns or walls or directly on the foundation and used for the shelter and accommodation of persons, animals or goods: (a) Accessory Building shall mean a building customarily incidental and subordinate to the main use or building and located on the same lot with such main use or building. (b) Main Building shall mean the building serving the principal or primary uses for which the lot was purchased, leased or rented. (c) Temporary Building shall mean a building or structure intended for removal or demolition within a prescribed time, as set out in a building permit. 2.11 Building By-law shall mean any By-law of the Corporation passed pursuant to the Building Code Act. 2.12 Building Line shall mean a line within a lot drawn parallel to a lot line establishing the minimum distance between that lot line and any portion of a building or structure which may be erected. 2.13 Campsite shall mean a parcel of land within a tent and trailer park occupied by a tent or recreational vehicle. - 6 - 2.14 Carport shall mean a covered parking area which is open on at least two sides. 2.15 Cellar shall mean that portion of a building between two floor levels which is partly or wholly underground but which has more than one-half of its height from finished floor to finished ceiling below the average level of ground adjacent to the exterior walls of the building. 2.16 Chief Building Official shall mean the officer or employee of the Corporation charged with the duty of enforcing the provisions of the Building Code Act, together with any regulations made thereunder. 2.17 Clinic shall mean a building or part of a building used for the medical, dental, surgical or therapeutic treatment of human beings but does not include a public or private hospital. 2.18 Club, Commercial shall mean a building or premises used as an athletic, recreational or social club operated for gain or profit. Commercial Club shall not include an adult entertainment parlour. 2.19 Club, Private shall mean a building or premises used as an athletic, recreational or social club not operated for gain or profit. This definition may include a social service club, a fraternity or sorority, a hostel, a labour union hall or similar use. 2.20 Community Centre shall mean a building, structure or premises where facilities are provided for athletic, civic, educational, political, religious or social events. This definition may include an arena, gymnasium, hall, stadium, theatre or similar use. 2.21 Conservation Use shall mean a use related to the preservation of natural resources or the natural environment. 2.22 Contractor's Yard shall mean an establishment used for the inside and outside storage of materials including recycled materials and the parking, storage, repair and maintenance of vehicles and equipment used in construction, trades or similar projects, and may include an office, weigh scales, communications facilities, facilities for material handling, elevated storage and bulk liquid storage related thereto. 2.23 Converted Mobile Home shall mean a mobile home, used as a single dwelling, to which a permanent addition or additions, constructed under the Ontario Building Code Act, has been attached such that the entire building is permanent in nature. To qualify as a converted mobile home, the original mobile home shall have been used as a permanent single dwelling and located on a lot outside of a Residential Mobile Home Park zone on, or before, June 17, 1991. 2.24 Corporation shall mean the Corporation of the Township of Beckwith. 2.25 Council shall mean the Council of the Corporation of the Township of Beckwith. 2.26 County shall mean the Corporation of the County of Lanark. 2.27 Convenience Store shall mean a building or part of a building used primarily for the sale of grocery and confectionary items and incidentally for the sale of other merchandise as is required to fulfill day-to-day shopping needs. 2.28 Custom Workshop shall mean a building or part of a building where goods such as leather crafts, - 7 - wood crafts and similar individual custom productions which are non-offensive are made but does not include any establishment where the manufacture of goods is performed on a mass production or assembly line basis nor any shop or factory otherwise defined in this By-law. 2.29 Department Store shall mean a retail store primarily engaged in general retail merchandising of a wide variety of commodities which shall include at least three main lines, such as apparel, hardware and home furnishings and may include other commodities normally provided by such establishments such as dry goods, food products, home appliances, etc. 2.30 Dwelling Unit shall mean one or more rooms designed for human habitation intended to be used and occupied by one or more persons and in which separate cooking, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants. The habitation of domestic servants, nursing aids and not more than 2 boarders or lodgers is included in this definition. (a) Accessory Dwelling Unit shall mean a dwelling unit which: (i) is part of and accessory to a permitted non-residential building; (ii) is occupied by the family of the owner of such non-residential building or by the family of a person employed on the lot where such dwelling unit is located; and (iii) has a private entrance from outside the building or from a common hallway or stairway inside the building. (b) Apartment Dwelling shall mean a building: (i) consisting of three or more independent dwelling units other than a row dwelling; and (ii) each unit having a private entrance from outside the building or from a common hallway or stairway inside the building. (c) Duplex Dwelling shall mean a building that is divided horizontally into two dwelling units. (d) Row Dwelling shall mean a building that is divided vertically into three or more dwelling units. (e) Secondary Dwelling shall mean a self-contained dwelling unit which has been created through the conversion of part of, or the addition on to, an existing single dwelling, semi- detached dwelling, duplex dwelling, or row dwelling. (f) Semi-Detached Dwelling shall mean a building that is divided vertically into two dwelling units. (g) Senior Citizens Dwelling shall mean a dwelling of three or more dwelling units which is designed and constructed specifically to accommodate senior citizens and may include common eating and recreational areas and other support facilities. (h) Senior Citizens Home shall mean a dwelling where room and board is provided for senior citizens. (i) Single Dwelling shall mean a building of not more than one dwelling unit. This definition shall also include a prefabricated dwelling placed on a permanent and finished foundation - 8 - but does not include a mobile home as defined elsewhere in this By-law. (j) Sleep Cabin shall mean a single bedroom which is part of an existing accessory building or structure that: (i) is used for temporary human accommodation; and (ii) may contain separate heating facilities but no sanitary, kitchen or cooking facilities. 2.31 Erect shall mean build, construct, reconstruct, remove or relocate and shall include any preliminary physical operations such as cutting, grading, excavating, filling or draining, or any altering of an existing building by an addition, extension or other structural change. 2.32 Existing shall mean existing as of the date of final passing of this By-law. 2.33 Farmer's Market shall mean an establishment or premises where the farm products of a local farming community are sold at retail from unenclosed or open air areas designated for individual retailers. 2.34 Fees By-Law shall means the Township of Beckwith By-law establishing the fees and charges relating to the Program, as amended from time to time. 2.35 Financial Service shall mean an establishment operated by a chartered trust bank, trust company, mortgage broker, accountant, financial adviser or similar such establishment. 2.36 Finished Grade shall mean: (a) when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building; (b) when used with reference to a structure, shall mean the average elevation of the finished surface of the ground immediately surrounding such structure; (c) when used with reference to a street, road or highway, means the elevation of the street, road or highway established by the Township or other designated authority. 2.37 Flood Line shall mean a line established by a one in one hundred year storm which is determined by the flood plain mapping of the Conservation Authority. 2.38 Flood Plain shall mean the area below the flood line. 2.39 Floor Area shall mean: (a) for a dwelling or dwelling unit, the total area of the storeys contained within the outside walls of the dwelling or dwelling unit exclusive of basements, cellars, attics, garages, sunrooms, unenclosed verandahs or porches; (b) for a building other than a dwelling or dwelling unit, the total area of all the floors contained within the outside walls of the building. 2.40 Garage, Commercial shall mean a building, structure or lot where all activities of an automobile service station may be carried on, where commercial motor vehicles may be stored and where major repairs of motor vehicles may be performed. Such repairs may include all mechanical repairs as well as body work but shall not include dismantling of motor vehicles for scrap or the - 9 - storage of motor vehicles awaiting scrapping. 2.41 Garage, Private shall mean an accessory building or portion of a main building which is fully enclosed and used for the storage of motor vehicles and household equipment incidental to the residential occupancy. 2.42 Garden Suite shall mean a temporary, detached portable dwelling unit intended for the use of an elderly or disabled member of the immediate family which is located on the same lot with an existing single dwelling where the family is residing and which shares the water supply and sewage disposal facilities with the single dwelling. 2.43 Gross Leasable Area shall mean the total floor area designed for tenant occupancy and exclusive use including basements, mezzanines and upper floors not used for storage purposes, expressed in square metres measured from centre lines of party walls and exteriors of outside walls. 2.44 Group Home shall mean a single housekeeping unit in a residential dwelling in which three to ten persons, excluding staff or the receiving family, live as a family under responsible supervision consistent with the requirements of its residents and only if licensed or approved under Provincial statute and in compliance with municipal by-laws. 2.45 Health Service shall mean an establishment where services are provided to the public in the form of medical, paramedical, dental, surgical, optical, physiotherapeutical or similar such services and may also include associated laboratory facilities. 2.46 Height of a building shall mean the vertical distance measured between finished grade and: (a) the highest point of the roof surface of a flat roof; (b) the deckline of a mansard roof; (c) the mean level between eaves and ridge of a gabled, hip or gambrel roof. 2.47 High Water Mark shall mean the mark made by the action of water under natural conditions on the shore or bank of a waterbody which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. However if a high water mark has been established by a Conservation Authority, the minimum setback shall be established from this line. 2.48 Highway shall mean a public thoroughfare intended for vehicular use by the general public. 2.49 Home Industry shall mean an occupation, business, trade or craft which is accessory to a fully detached dwelling. This definition may include a carpentry shop, a craft shop, a metal working shop, a plumbing shop, an electrical shop, a welding shop, an antique shop or similar use. This definition may also include a firewood business. 2.50 Home Occupation shall mean an occupation, trade, business, profession or craft carried on as an accessory use to the use of a dwelling and shall include the following: a) instruction in or businesses involving music, academic subjects, religion, dancing, arts and crafts such as pottery, weaving, painting or sculpting, sewing, hairdressing or similar uses; - 10 - b) businesses involving work conducted primarily in other locations, such as those operated by electricians, plumbers, carpenters or operators of commercial vehicles, including school buses; c) businesses involving the repair of small appliances, radios, televisions and similar items, skate or knife sharpening or similar uses; d) an office used by a physician, dentist or other medical practitioner, an insurance agent, accountant, engineer, sales person, electronic data processor or a person engaged in a similar occupation; e) a tourist home or bed and breakfast establishment which provides a maximum of four bedrooms for commercial public use. 2.51 Hotel - see Tourist Lodging Establishment. 2.52 Implementation Plan shall mean the Township of Beckwith Water Supply Program Implementation Plan and Program Delivery, as amended from time to time. 2.53 Kennel shall mean a building or structure where dogs or other domestic pets are bred, boarded or trained, given medical treatment or housed for similar purposes for which compensation is paid and may include a Humane Society shelter or pound. 2.54 Lane shall mean: (a) a subsidiary thoroughfare providing access from within a lot, principally from parking or loading spaces to a public street; (b) a subsidiary public thoroughfare for the sole use of pedestrians and connecting public streets, open space or public buildings. 2.55 Loading Space shall mean a space or bay located on a lot which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise or materials used in connection with the use of the lot or any building thereon. 2.56 Lot shall mean a parcel or tract of land which is capable of being legally conveyed in accordance with the provisions of the Planning Act. (a) Corner Lot shall mean a lot situated at the intersection of 2 streets having an angle of intersection of not more than 135 degrees. (b) Interior Lot shall mean a lot situated between adjacent lots and having access to one street. (c) Through Lot shall mean a lot bounded on two opposite sides by streets. (d) Waterfront Lot shall mean a lot which has no street access but has access on a shoreline. 2.57 Lot Area shall mean the total horizontal area within the lot lines of a lot. 2.58 Lot Coverage shall mean the percentage of lot area covered by the ground floor area of all - 11 - buildings located thereon. 2.59 Lot Frontage shall mean the width of a lot measured between the intersections of the side lot lines with a line 6 m back from and parallel to the front lot line. 2.60 Lot Line shall mean any boundary of a lot or the vertical projection thereof. (a) Front Lot Line shall mean in the case of an interior lot, the lot line that divides the lot from the street or private road. In the case of a corner lot or through lot, the shorter lot line abutting a street or private road shall be deemed to be the front lot line. In the case of a corner lot or through lot, where the lot lines abutting the street or private road are the same length, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. In the case of a waterfront lot, the shoreline shall be deemed to be the front lot line. (b) Rear Lot Line shall mean in the case of a lot having 4 or more lot lines, the lot line furthest from and opposite to the front lot line. If the lot has less than 4 lot lines, there shall be deemed to be no rear lot line. (c) Side Lot Line shall mean any lot lines other than the front line and the rear lot line. 2.61 Marina shall mean a building, structure or place containing docking facilities and located on a waterbody, where boats and boat accessories are berthed, stored, serviced, repaired or kept for sale or rent and where the facilities for the sale of marine fuels and lubricants may be provided. 2.62 Marine Facility shall mean an accessory building or structure which is used to moor, berth or store a boat. This definition may include a boat launching ramp, boat lift, dock or boathouse but does not include any building used for human habitation or any boat service, repair or sales facility. 2.63 Meeting Hall shall mean a building or part of a building used for conferences, catered occasions, club meetings and other such activities. 2.64 Mobile Home shall mean any building that is designed to be made mobile and constructed or manufactured to provide a permanent residence for one or more persons but does not include a recreational vehicle, travel trailer or tent trailer or trailer otherwise designed. 2.65 Mobile Home Park shall mean a lot developed and managed under single ownership which has been planned, divided into mobile home sites, improved and provided with water and sewage disposal facilities approved by the Ministry of the Environment for the placement of mobile homes for permanent residential use. 2.66 Medical Marijuana Facility shall mean a facility licensed by Health Canada to cultivate, process, test, destroy, package and distribute marijuana for medical purposes. 2.67 Mobile Home Site shall mean the space for the placement of one mobile home in a mobile home park for the exclusive use of its occupants. 2.68 Motel - see Tourist Lodging Establishment. 2.69 Municipality shall mean the Corporation of the Township of Beckwith. - 12 - 2.70 Non-Conforming shall mean that which does not conform, comply or agree with the regulations of this By-law as of the date of its final passing thereof by Council. 2.71 Noxious Use shall mean an offensive trade within the meaning of the Public Health Act. 2.72 Office shall mean a building or part of a building used or intended to be used in the performance and transaction of business including administrative and clerical activities as well as professional offices but not including the use of manual labour. 2.73 Open Space Use shall mean a use whereby the land remains unoccupied by buildings such as hiking trails, nature trails, parks, wildlife sanctuaries and similar uses. 2.74 Open Storage shall mean the storage of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof, including such uses as automobile and trailer sales lots, building materials supply yards but does not include the outdoor display of a limited number of samples of the goods, merchandise or equipment for the purpose of sales and advertisement. This definition shall not include the open storage of goods or equipment which are incidental to the residential occupancy of a lot. 2.75 Park shall mean an area of land consisting largely of open space which may include a recreational area, playground, playfield or similar use. (a) Public Park shall mean a park owned and maintained by the Municipality or other public authority; (b) Private Park shall mean a park other than a public park. 2.76 Parking Area shall mean an area or structure, other than street, used or intended to be used for the temporary storage of motor vehicles and includes a private garage or carport, aisles, driveways and parking spaces. 2.77 Parking Space shall mean a portion of a parking area exclusive of driveways or aisles, used for the temporary storage of motor vehicles. 2.78 Person shall include an individual, an association, a chartered organization, a firm, a partnership, a corporation, an agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. 2.79 Personal Service shall mean a business which is associated with the grooming or health of persons or the maintenance or repair of personal wardrobe articles and accessories, and may include a barber shop, beauty parlour, shoe repair shop, self-service laundry or dry cleaning distribution station. 2.80 Pit shall mean land or land under water licenced by the Ministry of Natural Resources from which unconsolidated aggregate (gravel, stone, sand, earth, clay, fill, or other such material) is removed to supply material for construction, industrial or manufacturing purposes but shall not include an excavation incidental to the erection of a building or structure or an excavation incidental to the construction of any public work. This definition includes all activities which are normally associated with the operation of a pit such as crushing, screening, processing, washing and storage and also includes a wayside pit as defined herein. - 13 - 2.81 Portable Asphalt Plant shall mean an asphalt plant which can be moved easily onto or within a site which is a licensed pit and is kept on such site on a temporary basis only. 2.82 Preferred Solution shall mean the continued use of individual wells with treatment units. 2.83 Program shall mean the water supply program implementing the Preferred Solution as set out in the Implementation Plan. 2.84 Public Use shall mean a building, structure or lot used for public services by the Corporation or the County and any Boards or Commissions thereof and any Ministry or Commission of the Governments of Ontario and Canada, any telephone, telegraph or railway company, any Conservation Authority or other similarly recognized agencies. 2.85 Quarry shall mean land or land under water licensed by the Ministry of Natural Resources from which consolidated aggregate (rock excluding mineral) is removed to supply material for construction, industrial or manufacturing purposes but shall not include an excavation incidental to the erection of a building or structure or an excavation incidental to the construction of any public works. This definition includes all activities which are normally associated with the operation of a quarry such as crushing, screening, washing and storage and also includes a wayside quarry as defined herein. 2.86 Recreational Vehicle shall mean any vehicle so constructed that it is no wider than 2.5 m and is suitable for being attached to a motor vehicle for the purpose of being drawn or is self-propelled, and is capable of being used on a short term recreational basis for living, sleeping or eating accommodation of persons. The term recreational vehicle includes the following: motor homes, travel trailers, tent trailers, campers. 2.87 Recycling Depot shall mean a special waste management facility which serves as a temporary storage site for clean materials such as glass, paper, cardboard, plastic, metal and other similar products which will be transferred to another location for reuse. This definition does not include any other type of waste management system. 2.88 Restaurant shall mean a building or structure or part thereof where food is prepared and offered for sale to the public for consumption within the premises or off the premises. 2.89 Retail Store shall mean a building or part of a building wherein goods, wares, merchandise, substances or articles are offered for sale directly to the general public and may include the storage of such goods, wares, merchandise, substances or articles. Retail Store shall not include a use as defined in Section 2.2. Adult Entertainment - Goods. 2.90 Rural Home Occupation shall mean an occupation, business, trade or craft which is accessory to a farming operation. This definition may include the servicing or repair of merchandise or equipment, the grading of produce, a retail outlet for farm supplies and machinery, a farm produce outlet or similar activities. 2.91 School shall mean a school under the jurisdiction of a Board as defined in the Education Act. 2.92 Service Outlet shall mean a building or part of a building whether in conjunction with a retail store or not, used for the repair or servicing of goods, commodities, articles or materials, but not the manufacturing thereof. - 14 - 2.93 Setback shall mean: (a) with reference to a street, the distance between the centre line of a street allowance and the nearest building line; (b) with reference to a waterbody, the distance between the high water mark and the nearest building line. 2.94 Shopping Centre shall mean a group of restricted business uses designed, developed and managed as a unit having the required off-street parking provided on the site. 2.95 Sign shall mean an advertisement by means of painting on, or attaching bills, letters, lights or numerals to any building, structure or device and shall include the structure or device upon which the advertisement is painted, placed or attached. 2.96 Small Animal Clinic shall mean a building or part of a building used for a veterinary practice where domestic animals and birds (pets) are kept for treatment, including surgery and where veterinary drugs and other related products including pet food and supplies may be dispensed or sold and where all functions of the clinic take place within the building. 2.97 Specialty Food Store shall mean an establishment primarily engaged in the retail sale of specialized food products such as a bakery, meat shop, delicatessen or other similar uses and may include limited manufacture of such products on the premises. 2.98 Storey shall mean that portion of a building, other than a cellar, between the surface of any floor and the surface of the floor, ceiling or roof next above it. (a) First Storey shall mean the lowest storey of a building, wherein the floor is generally at grade elevation. 2.99 Street shall mean a public thoroughfare under the jurisdiction of either the Corporation, the County, or the Province of Ontario. This definition shall not include a lane or private right-of-way. (a) Improved Street shall mean a Township Road which has been assumed by the Corporation and is maintained on a regular year-round basis or a Provincial Highway or a County Road. 2.100 Street Line shall mean the boundary of the right-of-way of the street. 2.101 Structure shall mean anything constructed or erected, either permanent or temporary, the use of which requires location on the ground or attachment to something having location on the ground. 2.102 Supermarket shall mean a retail store primarily engaged in the merchandising of a wide variety of foodstuffs and may include other commodities normally provided by such establishments such as toiletries, household supplies, magazines, etc. 2.103 Tent and Trailer Park shall mean a parcel of land which is used to provide temporary accommodation for the public in tents or recreational vehicles. 2.104 Tent and Trailer Site shall mean a parcel of land within a tent and trailer park occupied by a tent or recreational vehicle. - 15 - 2.105 Theatre shall mean a building or part of a building used for the commercial presentation of motion pictures, theatrical and other staged entertainment but shall not include a drive-in theatre. 2.106 Tourist Lodging Establishment shall mean premises or buildings to be used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers. (a) Hotel shall mean an establishment containing 3 or more guest rooms served by a common entrance. Accessory uses may include beverage rooms, dining rooms, meeting rooms and similar uses. (b) Motel shall mean an establishment containing 3 or more guest rooms each of which has a separate entrance directly from outside the building. Accessory uses may include beverage rooms, dining rooms, meeting rooms and similar uses. (c) Cabin shall mean an establishment designed to accommodate one family in a detached building. 2.107 Trailer shall mean any vehicle designed to be towed by a motor vehicle. 2.108 Transportation Depot shall mean an establishment where commercial vehicles are stored, repaired, washed, or maintained, including all administrative functions relating thereto, and may also mean an establishment for the distribution of goods or people in transit. 2.109 Use shall mean the purpose for which any land, building, structure or any combination thereof is designed, arranged, occupied or maintained. 2.110 Utility shall mean a public utility as defined by the Public Utilities Corporation Act. 2.111 Vehicle shall mean an automobile, boat, commercial motor vehicle, farm implement, motorcycle, recreational vehicle, snowmobile, or trailer. 2.112 Veterinary Establishment shall mean a building or part of a building used by a veterinary surgeon for treating domestic animals, birds or other livestock but shall not include a kennel or research facility. 2.113 Warehouse shall mean a building used or intended to be used for the bulk storage of goods, commodities, wares, merchandise or materials. 2.114 Waste Disposal Site shall mean a place approved by the Ministry of the Environment where ashes, garbage, refuse, domestic waste, industrial waste or municipal refuse is disposed of or dumped. This definition shall not include a sewage treatment plant, lagoon or sludge disposal area. 2.115 Waterbody shall mean any bay, lake, natural watercourse or canal but shall exclude a drainage or irrigation channel. 2.116 Wayside Pit shall mean a temporary pit opened and used by a public authority for either a project of road construction or road maintenance from outside the limits of the right-of-way of the highway or an urgent project for which no alternative source of aggregate under licence is readily available in the vicinity. 2.117 Wayside Quarry shall mean a temporary quarry opened and used by a public authority for either a - 16 - project of road construction or road maintenance from outside the limits of the right-of-way of the highway or an urgent project for which no alternative source of aggregate under licence is readily available in the vicinity. 2.118 Wetlands shall mean lands that are seasonally or permanently covered by shallow water as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils (soils in which there is an abundance of moisture) and has favoured the dominance of either hydrophytic or water tolerant plants. The four major categories of wetlands are swamps, marshes, bogs and fens. 2.119 Wholesale Establishment shall mean a building used or intended to be used for the bulk storage and sale of quantities of goods, commodities, wares, merchandise, or materials for resale or business use. 2.120 Wrecking Yard shall mean an establishment or premises approved by the Ministry of Environment and Energy where derelict, discarded, abandoned or inoperable motor vehicles or other equipment are stored wholly or partly in the open. A wrecking yard may include an area for recycling or storage of tires and an area for the sale of used and refurbished vehicles. 2.121 Yard shall mean an open, uncovered space appurtenant to a building or structure. (a) Front Yard shall mean the space extending across the full width of lot between the front lot line and the nearest part of any main a building or structure on the lot. (b) Rear Yard shall mean a space extending across the full width of a lot between the rear lot line and the nearest part of any main building or structure on the lot. (c) Side Yard shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest part of any main building or structure on the lot. i) Exterior Side Yard shall mean a side yard immediately adjacent to a street. ii) Interior Side Yard shall mean a side yard other than an exterior side yard. 2.122 Zone shall mean: (a) a land use category as defined and regulated in this By-law; (b) a designated area of land use shown on the Schedules of this By-law. - 17 - SECTION 3 GENERAL PROVISIONS 3.1 Accessory Uses Accessory uses, buildings or structures shall be permitted in all zones in accordance with the relevant provisions of this By-law and the following. (a) in a Residential Zone or on a lot having a residential use in another zone, the following provisions shall apply for buildings or structures which are accessory to the residential use: i) accessory buildings or structures shall not be located within any minimum front yard or minimum exterior side yard, except as specifically permitted in this By-law; ii) accessory buildings or structures shall not be located closer than 3 m to any interior side or rear lot line and shall not exceed 6 m in height; iii) accessory buildings or structures shall not occupy more than 10% of the total lot area. Such accessory buildings or structures shall be included as part of the total lot coverage permitted in the zone requirements. (b) In all other zones, accessory buildings and structures shall conform to the requirements of the particular zone. (c) For marine facilities, there shall be no minimum yard required for the yard adjacent to the water. (d) Any building or structure which is attached to the main building will not be considered accessory for the purposes of this By-law. (e) In a Residential Zone the following provisions shall apply for backyard hen coops: i) Minimum lot size is 4,000m2. ii) Hen coops and runs must be a minimum of three (3) metres from rear and interior side lot lines; iii) Hen coops and runs must be a minimum of ten (10) metres from any window or door opening of an adjacent dwelling; iv) Hen coops and runs must be a minimum of fifteen (15) metres from any well; v) Hen coops and runs must not be located in any front or exterior side yard; vi) Runs shall be constructed to provide a minimum of 0.9m2 and a maximum of 2.3m2 of floor space per hen; and vii) Coops shall be constructed to provide a minimum of 0.4m2 and a maximum of 0.9m2 of floor space per hen. 2012-26 3.2 Adult Entertainment - Goods 99-05 Adult Entertainment - Goods as defined in this By-law shall be permitted in accordance with the following: (a) The number of adult entertainment - goods uses in the municipality shall not exceed 1. - 18 - (b) An adult entertainment - goods use shall be permitted in the following zones: Commercial, Tourist Commercial and Industrial Park. (c) Notwithstanding any provision of this By-law to the contrary, an adult entertainment goods use shall be prohibited in the following locations: i) within 100 m of any dwelling or dwelling unit other than an accessory dwelling or dwelling unit; ii) within 100 m of any land zoned Residential; iii) within 100 m of any land zoned Multiple Residential; iv) within 100 m of any land zoned Residential Mobile Home Park; v) within 100 m of any land zoned Rural Residential; vi) within 100 m of any land zoned Limited Services Residential; vii) within 500 m of any land zoned Institutional; viii) within 100 m of any meeting hall; ix) within 100 m of any private or public park; x) within 100 m of any private club; xi) within 100 m of any public use. 3.3 Adult Entertainment Parlour 96-12 Adult Entertainment Parlour as defined in this By-law shall be permitted in accordance with the following: (a) The number of adult entertainment parlours in the municipality shall not exceed 1. (b) An adult entertainment parlour shall be permitted in the following zones: Commercial, Tourist Commercial and Industrial Park. (c) An adult entertainment parlour shall not be located on any lot having frontage on Highway No. 7 or Highway No. 15. (d) Notwithstanding any provision of this By-law to the contrary, an adult entertainment parlour will be prohibited in the following locations: i) within 500 m of any dwelling or dwelling unit; ii) within 500 m of any land zoned Residential; iii) within 500 m of any land zoned Multiple Residential; iv) within 500 m of any land zoned Residential Mobile Home Park; v) within 500 m of any land zoned Rural Residential; vi) within 500 m of any land zoned Limited Services Residential; vii) within 500 m of any land zoned Institutional; viii) within 500 m of any meeting hall; ix) within 500 m of any private or public park; x) within 500 m of any private club; xi) within 500 m of any public use. 3.4 Buildings to be Moved - 19 - No building or structure shall be moved within the limits of the Township or shall be moved from outside the Township into the Township unless the building or structure is a permitted use and satisfies all the requirements of the Zone in which it is to be located and then only after a permit has been obtained from the Chief Building Official and any other relevant authority. 3.5 Corner Lot Sight Lines On a corner lot, no obstruction shall be permitted on that part of a lot at the street corner composed of a triangle having sides of 6 m along each street measured from the street corner formed by the lot lines, or from the intersection of the straight line projection of lot lines, when lot lines are connected by a curved line. 3.6 Frontage on an Improved Street No building or structure shall be erected in any zone except a Limited Services Residential Zone for any purpose other than a non-residential building or structure accessory to a permitted agricultural, forestry or conservation use unless the lot on which such building or structure is located has frontage on an improved street. This provision shall not apply: a) to a lot on a registered plan of subdivision where an agreement between the owner and the Corporation, which includes provisions for the construction of the streets in the subdivision, is registered in the Registry Office or Land Titles Office; b) to a mobile home park where the construction and maintenance of the park roads is included in an agreement between the owner and the Municipality; c) where for design purposes or where there is no other alternative available, access is from an existing road of an appropriate standard or a provincial highway or a county road, provided that the Municipality and the authority having jurisdiction are satisfied that such access is appropriate and any required agreements are in place.' 3.7 Group Homes Group homes as defined in this By-law shall be permitted in accordance with the following: (a) Group home - Type A includes group homes other than those for young offenders or adult offenders. Group home - Type B includes group homes for young offenders or adult offenders. (b) Group homes - Type A and Type B shall be permitted in the following zones: Residential (R), Multiple Residential (MR), Rural Residential (RR), Limited Service Residential (RLS), Institutional (I) and Rural (RU).' (c) Group homes - Type A and Type B shall be permitted in an existing single dwelling in the Agriculture Zone. (d) The number of group homes in the municipality shall not exceed 1 per 1000 population. (e) A Group home - Type A shall be located a minimum of 300 m from any other group home in - 20 - a Residential or Institutional Zone and a minimum of 1000 m from any other group home in a Rural Zone or Agriculture Zone. (f) A Group home - Type B shall be located a minimum of 1000 m from any other group home. (g) Except in zones with the suffix '-S'. 3.8 Height Exceptions Where height limitations are set forth in this By-law, such limitations shall not apply to water tanks, flag poles, lightning rods, lighting standards, ventilators, skylights, mechanical equipment penthouses, elevator enclosures, antennae, church steeples, belfries, clock towers, chimneys, windmills, silos, grain elevators, electrical supply facilities and communications towers. Notwithstanding the foregoing, limitations prescribed by the Federal Ministry of Transport or practice recommended by the Ministry with respect to height limitations and appropriate lighting in the vicinity of airfields shall prevail. 3.9 Home Industry 97-28 Home industries, as defined in this By-law, shall be considered accessory to a fully detached residential dwelling use. Home industries shall be permitted in the Rural and Agricultural zones only and in accordance with the relevant provisions of this By-law and the following: (a) the business is conducted by a member of the family residing on the premises; (b) no more than 2 persons, other than a member of the family of the owner or occupant shall be engaged in the home industry; (c) the only retail uses allowed shall be for those products substantially manufactured on-site or accessory and essential to the business; (d) no mechanical or electrical equipment is used except that which is necessary for the home industry and the residential use. Mechanical and electrical equipment shall not impact on adjacent hydro supply. Noise from the mechanical and electrical equipment shall not exceed the following limits: Community Development Areas: 50 dBA from 7:01 a.m. to 10:59 p.m. 45 dBA from 11:00 p.m. to 7:00 a.m. All other areas: 45 dBA from 7:01 a.m. to 10:59 p.m. 40 dBA from 11:00 p.m. to 7:00 a.m. All noise levels shall be measured at the receptor. (e) there is no storage of hazardous materials such as paint or other flammable, corrosive or explosive substances other than that which is necessary for the home industry and the residential use. All permitted storage of hazardous materials must be undertaken in accordance with any applicable legislation and guarantees of safe handling and disposal will be provided by the individual conducting the home industry to the municipality, upon request; (f) a home industry shall not be permitted on a lot having less than a minimum Lot Area of 1 ha. - 21 - (g) no more than 25% of the floor area of the dwelling and no more than 50 m² in one accessory building shall be used for the home industry; (h) open storage may be permitted for home industries provided such storage is a minimum of 15 m from any lot line and a minimum of 45 m from a residential use on another lot. The area used for open storage shall not exceed 50 m²; (i) more than one home industry, in conjunction with more than one home occupation and/or rural home occupation may take place on a minimum 1 ha. lot in the Rural and Agriculture zones provided the aggregate area used by all such businesses does not exceed the maximum area as set out in 3.9 (g) and (h). (j) an aggregate of no more than four persons shall be actively working in any one location for multiple occupations/industries. (k) in addition to parking space for the residential use, one parking space per 20 m² of floor area used for the home industry and one parking space per employee shall be provided on the same lot; (l) parking of not more than three commercial vehicles shall be permitted on the same lot provided that the commercial vehicles are not operated or left running so as to be audible beyond the property limits or impact on adjacent properties. 3.10 Home Occupations 97-28 Home occupations shall be permitted accessory to any residential use in accordance with the following provisions: (a) the business is conducted by a member of the family residing on the premises; (b) with the exception of those uses defined in Section 2.50(d), no more than 1 person, other than a member of the family of the owner or occupant, shall be engaged in the home occupation. Only 2 persons shall be actively working on-site in the home occupation at one time, with an aggregate of no more than four persons in any one location for multiple occupations/industries. (c) for businesses as defined in Section 2.50(d), no more than 2 persons, other than a member of the family of the owner or occupant, shall be engaged in the home occupation; (d) where instruction is carried on, no more than 10 pupils are in attendance at one time; (e) for all other home occupations, with the exception of those uses specified in Section 2.50(e), a maximum of 3 clients may be present on-site at one time; (f) the only retail uses allowed shall be for those products substantially manufactured on-site or accessory and essential to the business; (g) no mechanical or electrical equipment is used except that which is necessary for the home occupation and the residential use. Mechanical and electrical equipment shall not impact on adjacent hydro supply. Noise from the mechanical and electrical equipment shall not exceed the following limits: - 22 - Community Development Areas: 50 dBA from 7:01 a.m. to 10:59 p.m. 45 dBA from 11:00 p.m. to 7:00 a.m. All other areas: 45 dBA from 7:01 a.m. to 10:59 p.m. 40 dBA from 11:00 p.m. to 7:00 a.m. All noise levels shall be measured at the receptor. (h) there is no storage of hazardous materials such as paint or other flammable, corrosive or explosive substances other than that which is necessary for the home occupation and the residential use. All permitted storage of hazardous materials must be undertaken in accordance with any applicable legislation and guarantees of safe handling and disposal will be provided by the individual conducting the home occupation to the municipality, upon request; (i) not more than 25% or 40 m² of the floor area of the dwelling unit, whichever is the lesser, is used for the home occupation, with the exception of those uses specified in Section 2.50(e); (j) not more than 20 m² of floor area in one accessory building is used for such purposes and only if such accessory building is located a minimum of 3 m from all lot lines; (k) more than one home occupation, in conjunction with more than one home industry and/or rural home occupation may take place on a minimum 1 ha. lot in the Rural and Agriculture zones provided the aggregate area used by all such businesses does not exceed the maximum area as set out in 3.9 (f) and (g). (l) more than one home occupation may take place in all other zones provided the aggregate area used by all such businesses does not exceed the maximum area as set out in 3.10 (i) and (j). (m) in addition to parking space for the residential use, one parking space per 20 m² of floor area used for the home occupation and one parking space per employee shall be provided on the same lot. (n) parking of not more than one commercial vehicle shall be allowed on the same lot provided that the commercial vehicle is not operated or left running so as to be audible beyond the property limits or impact on adjacent properties; (o) the following provisions shall apply to home occupations which are operated as a tourist home or bed and breakfast: (i) not more than 4 bedrooms are used for the home occupation regardless of size; (ii) the number of clients permitted shall be as can be accommodated by the number of bedrooms being used for the home occupation; (iii) in addition to the parking provisions for employees, as provided under subsection (k) above, one parking space per bedroom used for the home occupation shall be provided on the same lot. 3.11 Loading Requirements - 23 - The owner or occupant of any lot, building or structure located in an Industrial or Commercial Zone which involves the frequent receiving, shipping, loading or unloading of animals, goods, wares, merchandise or raw materials shall provide and maintain on the lot occupied by the building or structure, loading spaces in accordance with the following regulations: (a) Number of Spaces Required The number of such loading spaces provided shall be in accordance with the floor area of the building or structure as follows: Floor Area of Building No. of Loading Spaces 200 m² or less None Over 200 m² up to 1000 m² 1 Over 1,000 m² 2 plus 1 additional space for each additional l,000 m² or part thereof. (b) Size of Loading Spaces Each loading space shall be at least 14 m long, 3.5 m wide and have a vertical clearance of at least 4.5 m. (c) Location The required loading spaces shall be provided on the lot occupied by the building or structure for which the spaces are required and such space shall not form part of any street. (d) Access Access to loading spaces shall be by means of a lane at least 3.5 m wide located on the same lot. (e) Cumulative Standards Where there are two or more uses located on the same lot, the loading space requirements shall be the sum of the requirements for each use. (f) Additions to Buildings The loading space requirements shall not apply to any building in existence at the date of passing this By-law so long as the floor area, as it existed at such date, is not increased. If an addition is made to the building or structure which increases the floor area, then additional loading space shall be provided as required in Section 3.11(a) for such addition. 3.12 Medical Marijuana Facility (a) Where permitted elsewhere in this by-law, no part of a Medical Marijuana Facility building shall be established within 150m of any existing residential dwelling unit located on a separate property, excluding sleep cabins. No Medical Marijuana Facility building shall be - 24 - established within 150m of an Institutional Zone on which a school or church use currently exists on. (b) Notwithstanding any provisions of this by-law to the contrary, a Medical Marijuana Facility shall be setback a minimum of 70m from any property line. (c) Notwithstanding the provision of Section 3.16, no open storage shall be permitted for a medical marijuana facility. 3.13 Non-Conforming Uses (a) Continuance of Existing Uses Nothing in this By-law shall prevent the use of any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law, so long as it continues to be used for that purpose. If a non-conforming building should be damaged by fire, flood, wind, earthquake or other causes beyond human control, nothing in this By-law shall prevent such a building from being restored and strengthened to a safe condition, provided the height and bulk are not increased and provided that reconstruction or restoration is commenced within 12 months of the date on which the damage took place. (b) Repair of Existing Buildings Nothing in this By-law shall prevent the strengthening to a safe condition of any building or structure or part of any building or structure which does not comply with the provisions of this By-law, provided such alteration or repair does not increase the height, size or volume or change the use of such building or structure. (c) Less than Minimum Yard Requirements Where a building or structure which is a permitted use in the zone has been erected prior to the date of passing of this By-law on a lot having less than the minimum front, side or rear yard required by this By-law, the building may be enlarged, reconstructed, repaired or renovated provided that: i) the enlargement, reconstruction, repair or renovation does not reduce any portion of the front, side or rear yard having less than the minimum required by this By-law; and ii) all other applicable provisions of this By-law are complied with. (d) Prior Building Permits Nothing in this By-law shall prohibit the erection of a building or structure for which a building permit has been issued prior to the date of passing of the By-law, provided that the erection of such building or structure is commenced within 2 years of the date of passing of this By-law and such building or structure is completed within a reasonable time after the erection thereof is commenced. (e) Existing Undersized Lots - 25 - Where a lot having less than the minimum lot area or frontage required by this By-law existing on June 2, 2015 or is increased in area or frontage but still does not meet the minimum area or frontage requirements of this By-law, such lot may be used for a purpose permitted in the zone in which it is located provided that: (i) All other applicable provisions in this By-law are met; (ii) The lot is an adequate size for a sewage disposal system in accordance with the Ontario Building Code; and (iii) A well can be constructed in accordance with applicable legislation. Further to the note above, this By-law recognizes that Official Plan Amendment No. 25 increased the minimum lot areas for consents within the Community Development Areas and Rural Lands designation. Any lots existing before December 3, 2013 shall be deemed to conform to the minimum lot area of its applicable zone. (f) Accessory Buildings Nothing in this By-law shall prevent the erection of a building accessory to an existing non-conforming use provided that such accessory building complies with all relevant provisions of this By-law. (g) Less than Required Floor Area Nothing in this By-law shall prevent an extension or addition being made to a permitted dwelling which existed at the time of passing of this By-law but which has a floor area or dwelling unit area less than that required by this By-law, provided such extension or addition does not contravene any other provisions of this By-law. (h) Change of Use The use of any lot, building or structure which is not permitted in the zone in which it is located, shall not be changed except to a use which is listed as a permitted use in such zone or to a use which is authorized by the Committee of Adjustment pursuant to its powers under the Planning Act. 3.14 Noxious Uses No use shall be permitted which from its nature or the materials used therein is declared to be a noxious trade, business or manufacture by the Public Health Act or any regulations made thereunder. 3.15 Occupancy Restrictions Human habitation shall not be permitted in any private garage or other building which is accessory to a residential use or in any truck, bus, coach or street-car body. 3.16 Open Storage - 26 - Open storage shall be permitted in a Commercial, Industrial, Agriculture, Rural, Mineral Aggregate, Wrecking Yard or Waste Disposal Zone in accordance with the following: (a) the open storage is accessory to the principal use of the lot; (b) open storage, as defined in this By-law, shall not be permitted within any minimum front yard or minimum exterior side yard nor within any minimum side or rear yard where the side or rear lot line abuts any Residential or Institutional Zone; (c) any areas used for open storage shall be in addition to any minimum off-street parking or loading areas required by this By-law. 3.17 Parking Requirements 96-12 In any zone, the owner or occupant of any lot, building or structure erected, altered, enlarged or changed in use after the passing of this By-law, shall provide off-street parking in accordance with the following provisions: (a) Number of Spaces Required Use of Building or Lot Parking Required i) Dwelling Unit 2 spaces per dwelling unit with the exception of a Senior Citizens Dwelling which shall require .25 spaces per dwelling unit with a minimum of 3 spaces. ii) Secondary Dwelling 1 space per secondary dwelling. iii) Garden Suite 1 space per garden suite. ii) Mobile home park 1 space per mobile home plus l visitor space for each mobile home site. iii) Office, bank 1 space for each 20 m² of floor area; minimum 3 spaces. iv) School l space for each classroom or instruction area. v) Retail store, personal 1 space for every 25 m of floor area; service, service outlet minimum 3 spaces. vi) Restaurant, commercial 1 space for every 4 persons to be club, private club accommodated according to maximum permitted capacity. vii) Tourist lodging 1 space per guest room or suite, plus establishment 1 additional space for every 20 m of floor area devoted to public use. viii) Tent and trailer park 1.5 spaces per site. - 27 - ix) Church, arena, Where there are fixed seats, 1 space for community centre every 10 seats or 6 m of bench space; where there are no fixed seats, l space for each of 20 m2 of floor area devoted to public use. x) Hospital, nursing home 1 space for each 4 beds or 75 m2 of floor area, whichever is greater. xi) Industrial use 1 space for every 70 m2 of floor area up to 2,000 m2 plus 1 additional space for every 200 m2 of floor area thereafter. xii) Agricultural or None. conservation use xiii) Adult entertainment 1 space for every 2 persons to be parlour accommodated according to maximum permitted capacity. xiv) Any use other than 1 space for each 25 m2 of floor area. those specified (b) Size of Parking Space Every parking space shall have dimensions of at least 3 m by 6 m. (c) Location Required parking in a Residential Zone shall be provided on the same lot as the dwelling unit. In all other zones, parking shall be provided within 150 m of the building it is intended to serve and no part of any parking area required for a use other than Residential shall be permitted in a Residential Zone. Where required parking is not provided on the same lot, the lot or part of the lot where the parking is located shall be in the same ownership or be leased by a long term renewable agreement and the parking spaces shall be retained for the duration of the use. (d) Cumulative Standards Where two or more uses are permitted in any one building or on any one lot, then the off-street parking requirements for each use shall be calculated as if each use is a separate use, and the total number of off-street parking spaces so calculated shall be provided. (e) Access to Parking Areas i) Access driveways designated for two-way traffic shall be not less than 6 m in width. Separate entrance and exit driveways shall be not less than 3.5 m in width. ii) Access to parking areas for commercial or industrial uses shall not pass through a Residential Zone. - 28 - (f) Additions to Buildings The parking space requirements shall not apply to any building in existence at the date of passing of this By-law so long as the floor area, as it existed at such date, is not increased. If an addition is made to the building or structure which increases the floor areas, then parking space for the addition shall be provided as required by Section 3.17(a) of this By-law. 3.18 Public Uses Permitted Any land may be used and any building or structure may be erected or used for the purpose of a public service by the Corporation of the Township of Beckwith or by any local boards thereof, any telephone, gas or telegraph company, any department or agent of the County of Lanark or the Governments of Ontario or Canada, including Ontario Hydro, provided that: (a) the lot coverage, setback and yard requirements prescribed for the zone in which such land, building or structure is located shall be complied with except for transmission facilities for gas, telephone, cable and electric power, including poles, towers, lines and similar elements; (b) no goods, material, or equipment shall be stored in the open except in accordance with the zone provisions; (c) any building or structure erected in a Residential Zone under the authority of this paragraph shall be designed and maintained in general harmony with the residential buildings. 3.19 Railway Crossings and Sight Distance Where any road or street crosses a railway at the same grade, no building or structure or other visual obstruction shall hereafter be erected within the site triangle established by measuring from the point of intersection of the centreline of the road and the railway right-of-way, 45 m along the centreline of the road and 215 m along the centreline of the railway right-of-way. 3.20 Rural Home Occupations 97-28 Rural home occupations, as defined in this By-law, shall be considered accessory to any agricultural use. Any such use shall conform to the following provisions: (a) the business is conducted by a member of the family residing on the premises; (b) no more than 2 persons, other than a member of the family of the owner or occupant shall be engaged in the rural home occupation; (c) the only retail uses allowed shall be for those products substantially manufactured on-site or accessory and essential to the business; (d) no mechanical or electrical equipment is used except that which is necessary for the rural home occupation and the residential use. Mechanical and electrical equipment shall not impact on adjacent hydro supply. Noise from the mechanical and electrical equipment shall not exceed the following limits: Community Development Areas: 50 dBA from 7:01 a.m. to 10:59 p.m. - 29 - 45 dBA from 11:00 p.m. to 7:00 a.m. All other areas: 45 dBA from 7:01 a.m. to 10:59 p.m. 40 dBA from 11:00 p.m. to 7:00 a.m. All noise levels shall be measured at the receptor. (e) there is no storage of hazardous materials such as paint or other flammable, corrosive or explosive substances other than that which is necessary for the rural home occupation and the residential use. All permitted storage of hazardous materials must be undertaken in accordance with any applicable legislation and guarantees of safe handling and disposal will be provided by the individual conducting the rural home occupation to the municipality, upon request; (f) a rural home occupation shall not be permitted on a lot having less than a minimum Lot Area of 1 ha. (g) no more than 25% of the floor area of the dwelling unit and no more than 50 m² in one accessory building shall be used for the rural home occupation; (h) open storage may be permitted for rural home occupations provided such storage is a minimum of 15 m from any lot line and a minimum of 45 m from a residential use on another lot. The area used for open storage shall not exceed 50 m²; (i) more than one rural home occupation, in conjunction with more than one home occupation and/or home industry may take place on a minimum 1 ha. lot in the Rural and Agriculture zones, or in any zone which permits an agricultural use, provided the aggregate area used by all such businesses does not exceed the maximum area as set out in 3.20 (g) and (h). (j) an aggregate of no more than four persons shall be actively working in any one location for multiple occupations/industries. (k) in addition to parking space for the residential use, one parking space per 20 m² of floor area used for the rural home occupation and one parking space per employee shall be provided on the same lot; (l) parking of not more than three (3) commercial vehicles shall be allowed on the same lot provided that the commercial vehicles are not operated or left running so as to be audible beyond the property limits or impact on adjacent properties. 3.21 Separation Distances 92-11; 96-12; 99-05; 2015-20 Notwithstanding any provision of this By-law to the contrary, new dwellings will be prohibited in the following locations: i) within 150 m of any land zoned Wrecking Yard; ii) within 500 m of any land zoned Waste Disposal; iii) within 300 m of any land zoned Mineral Aggregate-Pit Reserve Area; iv) within 500 m of any land zoned Mineral Aggregate-Quarry Reserve Area; v) within 300m of any lands zoned Mineral Aggregate-Pit; vi) within 500m of any lands zoned Mineral Aggregate-Quarry; vii) within a separation distance established by the Minimum Distance Separation formulae; - 30 - viii) within 500 m of any land used as an Adult Entertainment Parlour. ix) within 100m. of any land used for an Adult Entertainment - Goods use. 3.22 Setbacks (a) From Streets The following setbacks shall be the minimum required: Street Setback Township streets 10 m plus minimum front yard for the appropriate zone. (b) From Water 99-21; 2015-20 Where an existing lot on which a building or structure is to be erected is adjacent to a waterbody or watercourse, such building or structure including a sewage disposal system, but excluding a marina or a marine facility, private and public docks, boathouses, public beaches or shoreline stabilization works shall be setback a minimum of 20m from the high water mark. For any lot created after June 1, 1999, the minimum setback shall be the greater of the following: (a) 30m from the high water mark; (b) 15m from the top of bank; (c) Development limits established by the regulatory flood line; (d) Development limits established by environmental impact assessments; or (e) Development limits established by the erosion hazard limit. Notwithstanding the foregoing, replacement of an existing sewage disposal system shall take place in accordance with the provisions of Part 8 of the Ontario Building Code and the provisions of the Building Code Act. (c) From Wetlands Where any lot on which a building or structure is to be erected is adjacent to or contains an area which is zoned Wetlands, such building or structure shall be set back a minimum of 20 m and a sewage disposal system shall be set back a minimum of 30 m from the Wetlands Zone. (d) From Drainage Features 01-17 The following setbacks shall be the minimum required: Municipal Drain/Mutual Agreement Drain 3 m. or as set out in the drainage schedule Stormwater Management Pond 15 m. Roadside Ditch Minimum yard for the appropriate zone - 31 - 3.23 Special Provisions for Automobile Service Stations and Commercial Garages Where automobile service stations and commercial garages are permitted in this By-law, the following provisions shall also apply: (a) the minimum distance of any pump or advertising sign from any street line shall be 9 m and 6 m from any other lot line; (b) the width of any entrance or exit or combined entrance or exit measured at the front lot line or exterior side lot line shall not be greater than 9 m and there shall not be more than 2 accesses from any one street which adjoins the lot. 3.24 Swimming Pools No swimming pool shall be located within the minimum front yard or minimum exterior side yard nor closer than 3 m to any rear or interior side lot line. All swimming pools shall be totally enclosed by a fence not less than l.2 m high made of a sturdy material and having a gate capable of being locked. 3.25 Temporary Uses Permitted 97-27 & 00-31 i) The following uses shall be permitted in any zone: Any temporary construction facility such as sheds, scaffolds, sales offices and equipment and temporary accommodation incidental to building on the premises for so long as work is in progress. Temporary accommodation will only be permitted when an existing dwelling is damaged to the extent that it becomes unlivable and for the time period where reconstruction or new construction is in progress or for the time period where new construction is in progress on a vacant lot. On a lot having a residential use, where new construction of a replacement dwelling is proposed, the existing dwelling may be used as temporary accommodation only for the time period where new construction is in progress. The existing dwelling, used as temporary accommodation, shall be removed from the lot within 30 days of occupancy of the replacement dwelling. ii) The following use shall be permitted in any zone which allows an agricultural use: Temporary accommodation, in the form of a maximum of one mobile home, for additional farm help only for that period of time the farm help is employed full-time in an active farming operation. Establishment of temporary accommodation, in the form of a mobile home, shall only be permitted after the issuance of a building permit by the Chief Building Official. Should the temporary accommodation no longer be required, then the temporary accommodation shall be removed within six months of the date of last occupancy. 3.26 Through Lots Where a lot is a through lot, the requirements for front yards contained in this By-law shall apply - 32 - to each yard abutting the street. 3.27 Vehicle Storage 00-05 No person shall allow a vehicle without current license plates to be parked outside on a lot for more than six (6) months except within an approved wrecking yard. Farm vehicles shall be exempted from this provision provided such vehicle is not stored within the minimum front yard or minimum exterior side yard. 3.28 Yard Encroachments Every part of any minimum required yard shall be open and unobstructed from the ground to the sky by any structure other than an accessory building or structure permitted elsewhere in this By-law, provided however, that those structures listed below shall be permitted to project into the minimum required yards indicated for the distances specified. i) Belt courses, sills, cornices, eaves, gutters, chimneys, bay windows, pilasters or other ornamental structures may project into any minimum required yard not more than .6 m. ii) Open and roofed porches, sundecks, balconies, exterior stairs and landings may project into any minimum required front or rear yard not more than l.5 m. iii) Uncovered patios, awnings, fences, garden trellises and similar landscaping features, all plant materials, clothes poles, flag poles, retaining walls and similar accessories may be permitted in any minimum yard. 3.29 Uses Prohibited (a) Mobile Homes The placement or use of mobile homes is prohibited except on lands which are zoned to specifically permit a mobile home or where permitted as temporary accommodation in accordance with Section 3.25. (b) Pits and Quarries The making or establishment of a pit or quarry other than a wayside pit or wayside quarry is prohibited except on lands which are zoned to specifically permit a pit or quarry. 3.30 Secondary Dwellings Secondary dwellings as defined in this By-law shall be permitted in accordance with the following: (a) A secondary dwelling shall be permitted within a permitted dwelling in the following zones: Residential (R) Zone; Multiple Residential (RM) Zone; Rural Residential (RR) Zone; Agriculture (A) Zone; and Rural (RU) Zone. (b) There shall be a maximum of one secondary dwelling per single dwelling; - 33 - (c) There shall be a maximum of one secondary dwelling within each half of a semi-detached dwelling; (d) There shall be a maximum of one secondary dwelling within each half of a duplex dwelling; (e) There shall be a maximum of one secondary dwelling within each dwelling unit of a row dwelling; (f) The secondary dwelling shall have a private entrance from outside the principle dwelling, or from a common hallway, or from a stairway inside the principle dwelling; (g) The required parking for a secondary dwelling shall be provided on the same lot as the principle dwelling and use the same entrance off the public street as the principle dwelling; (h) A secondary dwelling shall not be permitted if a garden suite or sleep cabin is located on the same lot; (i) A secondary dwelling shall be developed in accordance with all other relevant Sections of this By-law and other legislation. 3.31 Sleep Cabins Sleep cabins as defined in this By-law shall be permitted in accordance with the following: (a) A sleep cabin shall be permitted as part of an existing accessory building or structure which is accessory to a permitted dwelling in the following zones: Residential (R) Zone; Rural Residential (RR) Zone; Agriculture (A) Zone; and Rural (RU) Zone; (b) There shall be a maximum of one sleep cabin on a lot; (c) A sleep cabin shall not be permitted if a garden suite or secondary dwelling is located on the same lot; (d) A sleep cabin shall be developed in accordance with all other relevant Sections of this By-law and other legislation. - 34 - SECTION 4 ZONES 4.1 Zone Classifications For the purpose of this By-law, all land within the Township of Beckwith is divided into the following zones which are identified on the attached Schedules by the accompanying symbols: Residential R -Multiple RM -Mobile Home Park RMHP -Rural RR -Limited Services RLS Commercial C -Shopping Centre CS -Local CL -Tourist CT -Rural CR Industrial - Park MP - Rural MR Institutional I Open Space O Agriculture A Rural RU Flood Plain FP Wetlands W Mineral Aggregate - Pit AP - Quarry AQ - Pit Reserve Area APR -Quarry Reserve Area AQR Constraint CON Wrecking Yard WY Waste Disposal WD Septage Disposal SD - 35 - 4.2 Schedules The attached Schedules A and B form a part of this By-law. 4.3 Boundaries of Zones Where the boundary of any zone, as shown on the attached Schedules, is uncertain the following provisions shall apply: (a) where the boundary is indicated as following a street, lane, railway right-of-way or other right-of-way, then the boundary shall be the centre line of such street, lane, railway right-of-way or other right-of-way; (b) where the boundary is shown as approximately following a lot or a concession line or a lot line or an extension of a lot line on a registered plan of subdivision or registered survey plan, the surveyed line or extension thereof shall be the boundary; (c) where the boundary is shown as approximately following a watercourse, the high water mark shall be the boundary; (d) where the provisions of none of the above are applicable, then the boundary shall be determined from the Schedules at the original scale which are available at the Clerk's office; (e) the boundaries of the Flood Plain Zones around Mississippi Lake and along the Mississippi River correspond to the flood line as established by the Mississippi Valley Conservation Authority. Small segments of the Jock River have flood plain mapping approved by the Rideau Valley Conservation Authority. Wherever flood plain mapping is available, the boundary of the Flood Plain Zone corresponds to the approved line. All other Flood Plain Zones have been based on air photo interpretation. The boundary of the latter zones shall be determined from the Schedules of the By-law at the original scale. 4.4 Streets and Rights-of-Way A street, lane, railway right-of-way or other right-of-way shown on the attached Schedules shall be included, unless otherwise indicated, with the zone of adjoining property on either side thereof. 4.5 Holding Zones Where a zone classification is followed by a dash and the letter 'h', this denotes a holding zone. Within such zones, existing uses only will be permitted. The removal of the holding provision will require an amendment to the By-law. Prior to the removal of a holding provision, Council will hold a public meeting. Notice of the public meeting must be given to the owner of the subject property, to all relevant public agencies and to all owners within 120 metres of the subject property and to any person who requested in writing to be notified. Notice of the public meeting shall be given at least two weeks prior to the date at which the amendment will be considered. Such amendment will only be passed by Council when any applicable servicing, phasing, financial arrangements, agreements or conditions for the lands affected have been determined to the satisfaction of Council. - 36 - 4.6 Special Exception Zones Where a zone classification is followed by a dash and a number (for example R-1), the lands so zoned shall be subject to all of the provisions of the zone represented by the classification except as otherwise provided by the special exception provisions of the zone. These special provisions are listed separately under the appropriate zone in the text of the By-law. 4.7 Temporary Use Zones 04-15 Where a temporary zone is established by amendment to this By-law, it will be included as a new subsection to the applicable zone category. The By-law amendment will specify the temporary use permitted and the date on which the temporary provision will cease. The property will be identified on the Schedule as a suffix to the particular zone using the letter 'T' followed by a number (for example: RU-T1). 4.8 Special Provision Zone 2008-39 Where a zone classification is followed by the suffix '-S', the lands so identified are within the Special Service Area. The following requirements will apply to the lands with the suffix '-S' in addition to other requirements of the specific zone. On lots created after December 15, 2005 any new dwelling or other use with a domestic type water supply must: (i) participate in the Program and install and keep in place the water treatment equipment approved by the Township and described within the Implementation Plan; (ii) pay the fees and charge related to participation in the Program as detailed within the Fees By-law, as amended from time to time. On lots created prior to December 15, 2005, for any dwelling or other use with a domestic type water supply, participation in the Program as set out above will be optional. Notwithstanding the provisions of the Residential (R) zone, for lots with the suffix '-S', the only residential use permitted will be a single dwelling. - 37 - SECTION 5 RESIDENTIAL ZONES No person shall hereafter use any lands, nor erect, alter, enlarge or use any building or structure in a Residential Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.1 Residential (R) (a) Permitted Uses: (please see specific Zone Requirements below) - single dwelling - semi-detached dwelling - duplex dwelling - converted dwelling (b) Zone Requirements: i) Single dwelling Lot Area (minimum) 4000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 9 m - Rear 9 m - Exterior Side 9 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 35% Floor Area (minimum) 90 m2 Dwellings per Lot (maximum) l ii) Semi-detached dwelling, duplex dwelling Lot Area (minimum) 4000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 9 m - Rear 9 m - Exterior Side 9 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 30% Floor Area per unit (minimum) 75 m2 Dwelling Units per Lot (maximum) 2 (c) Special Exception Zones: i) R-1 Notwithstanding the provisions of Section 5.1(a) hereof to the contrary, on the land - 38 - zoned R-1, a furniture making workshop will be permitted within the existing building on the property. ii) R-2 Notwithstanding the provisions of Section 5.1(b) hereof to the contrary, on the land zoned R-2, the following provisions shall apply: Floor Area per unit (minimum) 135 m2 No dwelling shall be located closer than 27.5 m from the railway right-of-way. iii) R-3 Notwithstanding the provisions of Section 5.1(b) hereof to the contrary, on the land zoned R-3, the minimum lot frontage shall be in accordance with the final plan of subdivision. In addition, all buildings and structures on the land zoned R-3 shall be set back a minimum of 15 metres from the flood line shown on the plan of subdivision. iv) R-4 94-11 Notwithstanding the provisions of Section 5.1 hereof to the contrary, on the land zoned R-4, the existing mobile home shall be a permitted use and the mobile home and accessory buildings shall be permitted in their existing locations. In addition, the minimum lot area may be 1395 m². v) R-5 93-23 Notwithstanding the provisions of Section 5.1(b) hereof to the contrary, on the land zoned R-5, the minimum lot frontage shall be 40.00 metres. vi) R-6 97-15 Notwithstanding the provisions of Section 5.1(a) hereof to the contrary, on the land zoned R-6, a converted mobile home shall be the only permitted use. Notwithstanding the provisions of Section 5.1(b) hereof to the contrary, the land zoned R-6 may be used in accordance with the following provisions: Lot Area (minimum) 1200 m2 Lot Frontage (minimum) 22.5 m Yard Requirements - Front 7.2 m. - Interior (East) 0.3 m. vii) R-7 99-18 Notwithstanding the provisions of Section 5.1(b) hereof to the contrary, on the land zoned R-7, the existing buildings shall be permitted in their existing locations and the following provisions shall apply: Lot Area (minimum) 2860 m2 Lot Frontage (minimum) 37 m. - 39 - viii) R-8 00-18 Notwithstanding the provisions of Section 5.1(b) hereof to the contrary, on the land zoned R-8, the existing buildings shall be permitted in their existing locations and the following provisions shall apply: Lot Area (minimum) 1940 m2 Lot Frontage (minimum) 17.5 m. ix) R-9 00-41 Notwithstanding the provisions of Section 5.1(b) hereof to the contrary, on the land zoned R-9, the minimum southerly interior side yard requirement shall be 2.1 metres. (x) R-10 01-10 Notwithstanding the provisions of Section 3.1(a)(ii) of this By-law to the contrary, on the land zoned R-10 the minimum interior side yard on the south side of the property shall be 0.9 metres for the existing garage only. All new accessory buildings or structures shall conform with Section 3.1 of this By-law. (xi) R-11 2009-66 Notwithstanding the provisions of Section 5.1(a) hereof to the contrary, on the land zoned R-11, a "tourist lodging establishment" and "meeting hall" shall also be a permitted use. 5.2 Multiple Residential (RM) (a) Permitted Uses: (please see specific Zone Requirements below) - row dwelling - apartment dwelling - senior citizens dwelling (b) Zone Requirements: Lot Area (minimum) 4000 m² or in accordance with the requirement for private services Lot Frontage (minimum) 60 m Yard Requirements (minimum) - Front 12 m - Rear 12 m - Exterior Side 12 m - Interior Side 6 m Building Height (maximum) 12 m Lot Coverage (maximum) 30% Floor Area per unit (minimum) - Row 65 m² - Apartment 55 m² - 40 - - Senior Citizens 37 m² 5.3 Residential Mobile Home Park (RMHP) (a) Permitted Uses: (please see specific Zone Requirements below) - mobile home - park management office - park laundromat (b) Zone Requirements: i) Mobile Home Park: Lot Area (minimum) 2 ha Lot Frontage (minimum) 76 m Density (maximum) - 20 units per ha on full communal services - 5 units per ha on individual services Building Height (maximum) 9 m ii) Mobile Home Site: Site Area (minimum) 465 m2 Site Frontage (minimum) l5 m Yard Requirements (minimum) - Front 4.5 m - Rear 4.5 m - Exterior Side 4.5 m - Interior Side 3.0 m Building Height (maximum) 4.5 m Site Coverage (maximum) 35% Floor Area (minimum) 46 m2 Mobile Homes per Site (maximum) 1 (c) Special Exception Zones: (i) RMHP - 1 03-35 Notwithstanding the provisions of Section 5.3(b), hereof to the contrary, on the land zoned RMHP-1 the existing 60 mobile homes shall be permitted on the existing sites and in the existing locations. In addition, any replacement unit shall be permitted in the same location. All new development shall conform to the requirements of Section 5.3(b). 5.4 Rural Residential (RR) (a) Permitted Uses: (please see specific Zone Requirements below) - single dwelling (b) Zone Requirements: Lot Area (minimum) 4000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - 41 - - Front l5 m - Rear 15 m - Exterior Side l5 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) l5% Floor Area (minimum) l00 m2 Dwellings per Lot (maximum) 1 (c) Special Exception Zones: i) RR-1 Notwithstanding the provisions of Section 5.4 hereof to the contrary, the land zoned RR-1 may be used in accordance with the following provisions: Lot Area (minimum) 3780 m² Lot Frontage (minimum) 43 m ii) RR-2 96-09 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RR- 2, no doors, windows or other openings in buildings or structures will be permitted below the 131.2 metre elevation (geodetic). In addition, all buildings, structures and sewage disposal systems shall be setback a minimum of 40 metres from the high water mark of the Jock River. iii) RR-3 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RR- 3, no doors, windows or other openings in buildings or structures will be permitted below the 132.0 metre elevation. iv) RR-4 93-16 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RR- 4, no doors, windows or other openings in buildings or structures will be permitted below the 131.6 metre elevation (geodetic). (v) RR-5 98-11 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RR- 5, no doors, windows or other openings in buildings or structures will be permitted below the 131.2 metre elevation (geodetic). In addition, all buildings, structures and sewage disposal systems shall be setback a minimum of 40 metres from the high water mark of the Jock River. In addition, the minimum required interior side yard, to the south only, shall be 1.9 metres. (vi) RR-6 06-28 Notwithstanding the provisions of Section 5.4(b) to the contrary, on the land zoned - 42 - RR-6, the minimum required rear yard shall be 30m. Furthermore, the minimum northwesterly side yard of the northwestern most lot, and the southeasterly side yard of the southeastern most lot shall be 15m. (vi) RR-6 6-54 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RR- 6, no development will be permitted until the required studies are completed to the satisfaction of the Ministry of the Environment and the Township of Beckwith after which this special exception must be removed by amendment to the Zoning By-law. (vii) RR-7 06-54 Notwithstanding the provisions of Section 5.4(b) hereof to the contrary, on the land zoned RR-7, a dwelling shall be set back a minimum of 75 m from the rear lot line. (viii) RR-8 2014-12 Notwithstanding any provisions of this by-law to the contrary, any wells drilled on the lands zoned RR-8 shall be located a minimum of 110m from the eastern property line (i.e. the boundary closest to the former landfill and known source of groundwater contamination). Furthermore, all development on lands zoned RR-8 shall participate in the Beckwith Water Supply Program, in accordance with the subdivision agreement. (ix) RR-9 2014-12 Notwithstanding any provisions of Section 5.4 b) hereof to the contrary, the lands zoned RR-9 may be used in accordance with the following provision: Lot Frontage (minimum): "In accordance with the registered plan of subdivision." The Township has permitted reduced frontages on these lands to accommodate a recreational pathway and intersection realignment. 5.5 Limited Services Residential (RLS) (a) Permitted Uses: (please see specific Zone Requirements below) - single dwelling (b) Zone Requirements: Lot Area (minimum) 4000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 9 m - Rear 6 m - Exterior Side 9 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 30% Floor Area (minimum) 55 m2 Dwellings per Lot (maximum) l (c) Special Exception Zones: - 43 - i) RLS-1 94-14 & 98-16 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RLS-1, no building or structure, sewage disposal system or driveway shall be permitted within 30 metres of the high water mark of Mississippi Lake. In addition, no alteration of the vegetative cover and natural soil mantle within this setback area will be permitted unless written approval is obtained from the Ministry of Natural Resources. (ii) RLS-2 96-16 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RLS-2, no building or structure, sewage disposal system or driveway shall be permitted within 9 metres of the high water mark of Mississippi Lake. Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, the land zoned RLS-2 may be used in accordance with the following provisions: Lot Area (minimum) 430 m2 Lot Frontage (minimum) 12.5 m Yard Requirements - Interior Side (North) 1.2 m - Interior Side (South) 3.0 m (iii) RLS-3 97-09 Notwithstanding the provisions of Section 5.5(b) to the contrary, the land zoned RLS- 3 may be used in accordance with the following provisions: Lot Area (minimum ) 724 m2 Lot Frontage (minimum) 18 m Yard Requirements: - Front 2.4 m - Exterior Side 0.45 m - Interior Side 3 m (iv) RLS-4 02-09 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RLS-4, the minimum front yard requirement shall be 3.7 metres. (v) RLS-5 97-16 Notwithstanding the provisions of Section 3.22 (c) of this By-law to the contrary, on the land zoned RLS-5, the minimum setback from the Wetland Zone for a sewage disposal system shall be 15 metres. (vi) RLS-6 97-22 Notwithstanding the provisions of Section 3.22 (b) of this By-law to the contrary, on the land zoned RLS-6, no building or structure, sewage disposal system or driveway shall be permitted within 10 metres of the high water mark of Mississippi Lake with - 44 - the exception of the frame boathouse and frame deck as shown in their current locations and delineated on a Surveyor's Real Property Report prepared by George Bracken Limited and dated June 24th, 1997. (vii) RLS-7 00-26 Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, the land zoned RLS-7 may be used in accordance with the following provision: Lot Area (minimum) 2800 m2 (viii) RLS-8 00-26 Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, the land zoned RLS-8 may be used in accordance with the following provisions: Lot Area (minimum) In accordance with the registered plan of subdivision Lot Frontage (minimum) In accordance with the registered plan of subdivision Notwithstanding the above lot area and frontage requirements, where an abutting lot or lots or part or parts of a lot is acquired by a property owner, the resulting holding will be considered one lot for the purposes of this By-law. In that instance, the minimum lot area and frontage will become those of the resulting holding. Yard Requirements (minimum) - Front 6 m - Rear 6 m - Exterior Side 6 m - Interior Side 2 m Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, on the land zoned RLS-8, the following provision shall apply: Lot Coverage (maximum) 10% Notwithstanding the provisions of Section 3.1(a) of this By-law to the contrary, on the land zoned RLS-8, accessory buildings or structures shall not be located closer than 2 m to any interior side or rear lot line and shall not occupy more than 5% of the total lot area. Notwithstanding the provisions of Section 3.22(b) of this By-law to the contrary, on the land zoned RLS-8, the minimum setback from the high water mark shall be 20 m. (ix) RLS-9 05-15 Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, on the land zoned RLS-9, the minimum front yard requirement shall be 3.67m. Furthermore, - 45 - notwithstanding the provisions of Section 3.22(b) of the By-law, on the land zoned RLS-9, the minimum setback from water shall be 10m. (x) RLS-10 2007-27 Notwithstanding the provisions of Section 5.5(b) (iii) hereof to the contrary, the land zoned RLS-10 may be used in accordance with the following provisions: Yard Requirements (minimum) Rear 2.0m Interior Side 1.0m (south side only) (xi) RLS-11 2009-35 Notwithstanding the provisions of section 5.5(b) hereof to the contrary, the land zoned RLS-11 may be used in accordance with the following provisions: Lot Area (minimum) 500m2 Lot Frontage (minimum) 20m Yard Requirements (minimum) Front 9m Rear 0.6m Interior Side (south side only) 0.5m Building Height (maximum) 9m Lot Coverage (maximum) 30% Floor Area (minimum) 65m2 Dwellings Per Lot (maximum) 1 Notwithstanding any provision of this by-law to the contrary, the minimum setback from the water shall be 11m for the dwelling and 9m from the deck. (xii) RLS-12 2009-47 Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, the land zoned RLS-12 may be used in accordance with the following provisions: Lot Area (minimum) 1,900m2 Notwithstanding any provision of this by-law to the contrary, the minimum setback from the water shall be 11m. (xiii) RLS-13 2009-57 Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, the land zoned RLS-13 may be used in accordance with the following provisions: Lot Area (minimum) 3,000m2 Rear Setback (minimum) 4m Notwithstanding any provision of this by-law to the contrary, the minimum setback from the water shall be 19m. - 46 - (xiv) RLS-14 2009-58 Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, the land zoned RLS-14 may be used in accordance with the following provisions: Lot Area (minimum) 450m2 Lot Frontage (minimum) 35m Yard Requirements (minimum) Front 4.5m Rear 0.5m Interior Side (east only) 0.5m Building Height 9m Lot Coverage (maximum) 35% Dwellings Per Lot (maximum) 1 Notwithstanding any provision of this by-law to the contrary, the minimum setback from the water shall be 12m for the dwelling and 11m for the deck. (xv) RLS-15 2012-29 Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, on the land zoned RLS-15, a single dwelling shall be a permitted use subject to the following requirements: Yard Requirements (minimum) Dwelling Front 16 m Rear 6.0m Interior Side 3.0m Building Height (maximum) 9m Lot Coverage (maximum) 30% Floor Area (minimum) 55m2 Dwellings per lot (maximum) 1 Setback from High Water Mark 17m (dwelling) / 16m (deck) Setback from adjacent Wetland zone 7m (septic) 5.6 Additional Provisions for Residential Zones (a) Converted Dwelling House A converted dwelling house shall be permitted within the R Zone only in conformity with the following provisions: i) the building is 20 years or more in age at the date of passing of this By-law; ii) the floor area in the original dwelling unit before conversion is 130 m2 or more and is located on more than one storey; iii) the building contains no more than 2 dwelling units after conversion. iv) each dwelling unit after conversion has a minimum area of 37 m2. - 47 - Where a dwelling to be converted does not meet all of the standards of the R Zone, such conversion shall only be permitted as long as the non-conforming standards are not further reduced by the conversion. (b) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 48 - SECTION 6 COMMERCIAL ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Commercial Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 6.1 Commercial (C) (a) Permitted Uses: (please see specific Zone Requirements below) - antique shop - automobile service station - bank - clinic - commercial club - commercial garage - farmer's market - financial service - funeral parlour - garden supply centre - health service - landscaping establishment - mobile homes sales and service - office - personal service - private club - restaurant - retail store - service outlet - tourist lodging establishment - transportation depot - vehicle sales, service and storage - accessory dwelling (b) Zone Requirements: Lot Area for lots located within the Community Development Areas of the Township Official Plan (minimum) 6,000 m2 Lot Area for lots located within the Rural Lands Designation the Township Official Plan (minimum) 8,000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 15 m - Rear 7.5 m - Exterior Side 15 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 30% - 48 - (c) Special Exception Zones: i) C-1 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-1, the following uses only will be permitted: - antique shop - commercial club - craft shop - farm produce outlet - nursery - office - private club - restaurant - retail store - accessory dwelling ii) C-2 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-2, the only permitted uses shall be a transmission repair business and an accessory dwelling. iii) C-3 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-3, a golf driving range will also be permitted. iv) C-4 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-4, a specialized used car business shall be the only permitted use. v) C-5 91-28 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zones C-5, a machine shop shall be an additional permitted use. vi) C-6 94-11 Notwithstanding the provisions of Section 6.1(b) hereof to the contrary, on the land zoned C-6, the existing buildings shall be permitted in their existing locations. In addition, the minimum lot area may be 3370 m². (vii) C-7 98-05 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-7, the following uses only will be permitted: - antique shop - bank - 49 - - clinic - commercial club - farmer's market - financial service - funeral parlour - garden supply centre - health service - landscaping establishment - office - personal service - private club - restaurant - retail store - service outlet - tourist lodging establishment - accessory dwelling Notwithstanding the provisions of Section 6.1(b) hereof to the contrary, on the land zoned C-7, the existing buildings shall be permitted in their existing locations on the existing lot. (viii) C-8 02-26 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-8, the manufacturing and assembly of garden sheds shall be an additional accessory use. Notwithstanding the provisions of Section 6.1(b) hereof to the contrary, on the land zoned C-8, the following zone requirements will apply: Yard Requirements (minimum) - Front 9 m - Rear 6 m (ix) C-9 05-25 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-9, an accessory dwelling unit shall be an additional permitted use. (x) C-10 05-33 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-10, a single dwelling shall be an additional permitted use. In addition, the minimum rear yard setback shall be 2m. (xi) C-11 2007-24; 2010-01 Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the land zoned C-11, the manufacturing of prefabricated light garage steel building components shall be an additional permitted use. Notwithstanding the provisions of Section 6.1(a) hereof to the contrary, on the lands zoned C-11, the parking, storage and maintenance of school buses, delivery vans, trucks, - 50 - and garbage trucks, provided that such garbage trucks are not used for the storage of garbage on land zoned C-11 shall be a permitted use. (xii) C-12 2015-14 Notwithstanding the provisions of Section 6.1 a) hereof to the contrary, on the land zoned C- 12 the following uses only will be permitted: -antique shop; -gift shop; -office; -tea room; 6.2 Shopping Centre Commercial (CS) (a) Permitted Uses: (please see specific Zone Requirements below) - convenience store - commercial club - department store - financial service - health service - meeting hall - office - personal service - private club - restaurant - retail store - service outlet - specialty food store - supermarket - theatre (b) Zone Requirements: Lot Area (minimum) 1 ha Lot Frontage (minimum) 60 m Yard Requirements (minimum) - Front 10 m - Rear 10 m - Exterior Side 10 m - Interior Side 10 m Building Height (maximum) 9 m Lot Coverage (maximum) 25% (c) Special Exception Zones: i) CS-1 Notwithstanding the provisions of Section 6.2(b) hereof to the contrary, on the land zoned CS-1, the following requirements shall apply: Lot Area (minimum) 4 ha - 51 - Gross Leasable Area (maximum) 13000 m2 ii) CS-2 95-18A Notwithstanding the provisions of Section 6.2(a) hereof to the contrary, on the land zoned CS-2, a small animal clinic shall be an additional permitted use. Notwithstanding the provisions of Section 6.2(b) hereof to the contrary, on the land zoned CS-2, the following zone requirements will apply: Lot Area (minimum) 2 ha Yard Requirements (minimum) - Interior Side 4.5 m Gross Leasable Area (maximum) 1550 m2 6.3 Local Commercial (CL) (a) Permitted Uses: (please see specific Zone Requirements below) - antique shop - convenience store - financial service - office - personal service - restaurant - retail store (b) Zone Requirements: Lot Area (minimum) 6000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 10 m - Rear 7.5 m - Exterior Side 10 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 30% (c) Special Exception Zones: i) CL-1 96-08 Notwithstanding the provisions of the By-law hereof to the contrary, on the land zoned CL-1, no doors, windows or other openings into buildings or structures will be permitted below an elevation of 131.2 metres geodetic. In addition an accessory dwelling unit will also be a permitted use. (ii) CL-2 99-06 Notwithstanding the provisions of Section 6.3(a) hereof to the contrary, on the land zoned CL-2, an accessory dwelling unit shall also be a permitted use. - 52 - In addition, notwithstanding the provisions of Sections 6.3(b) and 6.6(c) hereof to the contrary, on the land zoned CL-2 the existing accessory buildings, in their present locations, shall continue as an accessory use to the accessory dwelling unit only. Any new accessory buildings shall be constructed in conformity with the provisions of Section 6.3 and 6.6 of this By-law. 6.4 Tourist Commercial (CT) (a) Permitted Uses: (please see specific Zone Requirements below) - commercial club - marina and related services - private club - restaurant - retail store - tent and trailer park - tourist lodging establishment - accessory dwelling (b) Zone Requirements: (i) All uses except a tent and trailer park. Lot Area for lots located within the Community Development Areas of the Township Official Plan (minimum) 6,000 m2 Lot Area for lots located within the Rural Lands Designation the Township Official Plan (minimum) 8,000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 15 m - Rear 7.5 m - Exterior Side l5 m - Interior Side 6 m Building Height (maximum) 10.5 m Lot Coverage (maximum) 30% (ii) Tent and trailer park Lot Area (minimum) 2 ha Lot Frontage (minimum) 100 m Yard Requirements (minimum) - Front 15 m - Rear 12 m - Exterior Side 15 m - Interior Side 12 m Building Height (maximum) 7.5 m Density (maximum) 10 campsites per .4 ha Each campsite shall be a minimum of 230 m² and have a minimum frontage of 15 m. - 53 - 6.5 Rural Commercial (CR) (a) Permitted Uses: (please see specific Zone Requirements below) - auction barn - commercial garage - farm implements sales, service and storage - farm product outlet - farm supply centre - garden supply centre - greenhouse - kennel - landscaping establishment - meat packing establishment - nursery - veterinary establishment - retail accessory to any of the above uses (b) Zone Requirements: Lot Area (minimum) 8,000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 15 m - Rear 7.5 m - Exterior Side 15 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 30% (c) Special Exception Zones: i) CR-1 92-14 & 97-18 Notwithstanding the provisions of Section 6.5(a) hereof to the contrary, on the land zoned CR-1, the following uses shall be the only permitted uses: - firewood business - garden supply centre - greenhouse - landscaping establishment - nursery - transportation depot - veterinary establishment - retail accessory to any of the above - accessory dwelling ii) CR-2 REPEALED iii) CR-3 93-07 Notwithstanding the provisions of Section 6.5(a) hereof to the contrary, on the land zoned CR-3, the only permitted use shall be a trailer sales, service and storage - 54 - business. 6.6 Additional Provisions for Commercial Zones (a) Accessory Dwellings Accessory dwellings shall conform to the requirements of the R Zone for single dwellings. (b) Automobile Service Stations and Commercial Garages Automobile service stations and commercial garages shall also conform to the regulations set forth in Section 3.23 of this By-law. (c) Increased Yard Requirements Where a Commercial Zone abuts any Residential or Institutional Zone, the minimum interior side yard requirement shall be increased to 9 m and the minimum rear yard requirement shall be increased 15 m. Where a Tourist Commercial Zone abuts any Residential Zone, all minimum yard requirements shall be increased to 15 m and such yards shall be used only for landscaped open space which shall not include a picnic area or recreational facilities. (d) Special Provision for Hotel and Motels Where the exterior wall of a guest room contains a window, such wall shall be located not closer than 9 m from any interior side or rear lot line. (e) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 55 - SECTION 7 INDUSTRIAL ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in an Industrial Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 7.1 Industrial Park (MP) a) Permitted Uses: (please see specific Zone Requirements below) - animal hospital - automobile service station - building supply centre - business office - commercial garage - component assembly plant - compressed gas sales and service - contractor's yard - custom workshop - electronic equipment manufacturing - equipment rental or storage establishment - fuel storage establishment - home display and sales outlet - laboratory - landscaping establishment - machine and metal working shop - manufacturing or fabrication plant provided such plant is a low water user - medical marijuana facility - printing establishment - private club - public garage - recycling depot - research facility - restaurant - service outlet - transportation depot - vehicle sales, service and storage - veterinary establishment - warehouse - wholesale establishment - retail accessory to any of the above uses - wayside pit - wayside quarry (b) Zone Requirements: Lot Area for lots located within the Community Development Areas of the Township Official Plan (minimum) 6,000 m2 Lot Area for lots located - 56 - within the Rural Lands Designation the Township Official Plan (minimum) 8,000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 15 m - Rear 7.5 m - Exterior Side 15 m - Interior Side 7.5 m Building Height (maximum) l5 m Lot Coverage (maximum) 40% (c) Special Exception Zones: i) MP-1 Notwithstanding the provisions of Section 7.1(b) hereof to the contrary, the land zoned MP-1 may be used in accordance with the following provision: Lot Area (minimum) 3880 m² ii) MP-2 2000-02 Notwithstanding the provisions of Section 7.1(a) hereof to the contrary, on the land zoned MP-2, the following uses only shall be permitted: - class B sufferance and bonded warehouse - parking, storage and maintenance of school buses, delivery vans and trucks, garbage trucks provided that such garbage trucks are not used for the storage of garbage on the land zoned MP-2 - bus terminal - private fuel storage for the above uses - recycling depot - temporary storage of metal bins containing non-hazardous construction waste materials only - animal hospital - antique shop - building supply centre - commercial garage - compressed gas sales and service - contractor's yard - custom workshop - equipment rental or storage establishment - fuel storage establishment - home display and sales outlet - landscaping establishment - machine and metal working shop - private club - public garage - service outlet - transportation depot - vehicle sales, service and storage - 57 - - veterinary establishment - warehouse - wholesale establishment - retail accessory to any of the above uses - wayside pit - wayside quarry iii) MP-3 Notwithstanding the provisions of Section 7.1(a) hereof to the contrary, on the land zoned MP-3, a landscaping operation will also be permitted. iv) MP-4 Notwithstanding the provisions of Section 7.1(a) hereof to the contrary, on the land zoned MP-4, the functions associated with a road construction operation shall also be a permitted use. v) MP-5 99-11 Notwithstanding the provisions of 7.1(a) hereof to the contrary, on the land zoned MP-5, the following uses only shall be permitted: - animal hospital - building supply centre - business office - component assembly plant - contractor's yard - custom workshop - equipment rental or storage establishment - home display and sales outlet - landscaping establishment - machine and metal working shop - manufacturing or fabrication plant provided such plant is a low water user - public garage - recycling depot - service outlet - vehicle sales, service and storage - veterinary establishment - warehouse - wholesale establishment - retail accessory to any of the above uses - accessory dwelling Further the water consumption/sanitary discharge by any use shall be less than 5,000 l/day. vi) MP-6 2015-15 Notwithstanding the provisions of Section 7.1a) hereof to the contrary, on the land - 58 - zoned MP-6 the following uses only will be permitted: -animal hospital; -building supply centre; -business office; -commercial garage; -component assembly plant; -contractor's yard; -custom workshop; -electronic equipment manufacturing; -equipment rental or storage establishment; -home display and sales outlet; -laboratory; -landscaping establishment; -machine and metal working shop; -manufacturing or fabrication plant provided such plant is a low water user; -printing establishment; -private club; -public garage; -research facility; -restaurant; -service outlet; -transportation depot; -vehicle sales, service and storage; -veterinary establishment; -warehouse; -wholesale establishment; -retail accessory to any of the above uses; Notwithstanding Section 7.1 b) the minimum rear yard setback shall be 30m for principle structures. Accessory structures, such as storage sheds, shall be permitted a rear yard setback of 7.5m. 7.2 Rural Industrial (MR) (a) Permitted Uses: (please see specific Zone Requirements below) - abattoir - auction barn - livestock sales establishment -medical marijuana facility - recycling depot - sawmill - well drilling establishment - woodworking establishment - retail accessory to any of the above uses - accessory dwelling (b) Zone Requirements: Lot Area (minimum) 8,000 m2 Lot Frontage (minimum) 60 m - 59 - Yard Requirements (minimum) - Front 15 m - Rear 15 m - Exterior Side 15 m - Interior Side 15 m Building Height (maximum) 12 m Lot Coverage (maximum) 20% (c) Special Exception Zones: i) MR-1 93-27 Notwithstanding the provisions of Section 7.2(a) hereof to the contrary, on the land zones MR-1, the following shall be the only permitted use: - manufacturing or fabrication plant provided such plant is a low water user ii) MR-2 99-26 Notwithstanding the provision of 7.2(a) hereof to the contrary, on the land zoned MR-2, the following uses shall be the only permitted uses: - well drilling establishment - wood working establishment - manufacturing or fabrication plant provided such plant is a low water user - construction or assembly of log buildings - a school for the purpose of teaching log construction - retail accessory to any of the above uses iii) MR-3 00-17 Notwithstanding the provisions of 7.2(a) hereof to the contrary, on the land zoned MR-3, the following shall be the only permitted uses: - woodworking establishment - retail accessory to the above use - accessory dwelling Notwithstanding the provisions of 7.2(b) hereof to the contrary on the land zoned MR-3, the uses shall be permitted in the existing building on the property. 7.3 Additional Provisions for Industrial Zones (a) Accessory Dwellings Accessory dwellings shall conform to the requirements of the R Zone for single dwellings. (b) Commercial Garages Commercial garages shall also conform to the regulations set forth in Section 3.23 of this By-law. (c) Increased Yard Requirements Where an Industrial Park Zone abuts any Residential or Institutional Zone, the minimum - 60 - yard requirement for any yard so abutting shall be increased to l5 m. Where a Rural Industrial Zone abuts any Residential or Institutional Zone, the minimum yard requirement of any yard so abutting shall be increased to 24 m. (d) Special Provision Adjacent to Railways Where a lot line or a part of a lot line in an Industrial Zone directly abuts a railway right-of-way, no minimum yard shall be required on the portion so abutting. (e) Wayside Pit or Wayside Quarry The requirements of the Aggregate Resources Act shall apply to any wayside pit or wayside quarry. (f) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 61 - SECTION 8 INSTITUTIONAL ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in an Institutional Zone except in accordance with the provisions of this Section or of any other relevant Sections of this By-law. 8.1 Institutional (I) (a) Permitted Uses: (please see specific Zone Requirements below) - cemetery - church - church hall - community centre - day care centre - fire hall - library - municipal office - museum - nursing home - private club - school - accessory dwelling (b) Zone Requirements: Lot Area for lots located within the Community Development Areas of the Township Official Plan (minimum) 6,000 m2 Lot Area for lots located within the Rural Lands Designation the Township Official Plan (minimum) 8,000 m2 Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front 15 m - Rear 7.5 m - Exterior Side 15 m - Interior Side 6 m Building Height (maximum) 12 m Lot Coverage (maximum) 40% 8.2 Additional Provisions for Institutional Zone (a) Accessory Dwellings Accessory dwellings shall conform to the requirements of the R Zone for single dwellings. (b) Cemeteries Cemeteries shall not be governed by the foregoing standards but shall conform with the - 62 - Cemeteries Act. (c) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 63 - SECTION 9 OPEN SPACE ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in an Open Space Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 9.1 Open Space (O) (a) Permitted Uses: (please see specific Zone Requirements below) - golf course - open space use - park (b) Zone Requirements: i) No building or structure shall be located closer than l5 m to any lot line and maximum lot coverage shall not exceed l0%. (c) Special Exception Zones: i) O-1 92-19 & 01-11 Notwithstanding the provisions of Section 9.1(a) hereof to the contrary, on the land zoned O-1, the following uses shall also be permitted: - snowmobile club with buildings - accessory dwelling - storage within buildings existing at the time of adoption of the by-law. Notwithstanding the provisions of Section 3.4 hereof to the contrary, on the land zoned O- 1, buildings or structures for the golf course shall be permitted. ii) O-2 94-03 Notwithstanding the provisions of Section 9.1(a) and (b) hereof to the contrary, on the land zoned O-2, an open space use will be the only permitted use and no buildings or structures will be permitted thereon. (iii) O-3 00-26 Notwithstanding the provisions of Section 9.1(a) hereof to the contrary, on the lands zoned O-3, the only permitted uses shall be an open space use or a park. 9.2 Additional Provisions for Open Space Zone (a) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. - 64 - SECTION 10 AGRICULTURE ZONE No person shall thereafter use any lands nor erect, alter, enlarge or use any building or structure in an Agriculture Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 10.1 Agriculture (A) (a) Permitted Uses: (please see specific Zone Requirements below) - agricultural use - communication facility - conservation use - medical marijuana facility - wayside pit - wayside quarry - dwelling accessory to an agricultural use - single dwelling (subject to Section (b)(iii) below) (b) Zone Requirements: i) Agricultural use, dwelling accessory to an agricultural use: 92-11 Lot Area (minimum) 39 hectares in an Agriculture Zone 1 hectare in any other zone Lot Frontage (minimum) 60 m Yard Requirements (minimum) - Front 15 m - Rear 15 m - Exterior 15 m - Interior Side 6 m Notwithstanding the above yard requirements, no new farm buildings will be permitted within a separation distance established by the Minimum Distance Separation formulae.. ii) Communication facility, conservation use: Yard Requirements (minimum) - Front l5 m - Rear l5 m - Exterior Side l5 m - Interior Side 6 m iii) Single dwelling: 99-19 on a lot rendered surplus as a result of farm consolidation; on an existing lot of record Lot Area (minimum) 8,000 m² Lot Frontage (minimum) 45 m Yard Requirements (minimum) - 65 - - Front l5 m - Rear l5 m - Exterior Side l5 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 10% Floor Area (minimum) 75 m² Dwellings Per Lot (maximum) 1 (c) Special Exception Zones: i) A-1 99-02 Notwithstanding the provisions of Section 10.1 hereof to the contrary, on the land zoned A-1 a single dwelling shall be an additional permitted use and the minimum lot area shall be 4.26 ha. (ii) A-2 04-30 Notwithstanding the provisions of Section 10.1 (a) hereof to the contrary, on the land zoned A-2, only uses which are accessory to a residential use shall be permitted. (iii) A-3 04-63 Notwithstanding the provisions of Section 10.1(b)(i) hereof to the contrary, on the land zoned A-3, the minimum lot area shall be 33.23 hectares. (iv) A-4 04-63 Notwithstanding the provisions of Section 10.1(b)(i) hereof to the contrary, on the land zoned A-4, the minimum lot area shall be 1.90 hectares. (v) A-5 2009-68 Notwithstanding the provisions of Section 10.1(a) hereof to the contrary, on the land zoned A-5, commercial signage shall also be a permitted use. (d) Temporary Use Zones (i) A-T1 2008-41 Notwithstanding the provisions of Section 11.1(a) and (b) hereof to the contrary, on the land zoned A-T1, a garden suite shall be permitted until August 5th, 2018, at which time this use must cease. On the land zoned A-T1, the garden suite may consist of an existing accessory building on the property together with an addition to that building, provided that the total gross floor area of the building to be used as a garden suite is no more than 105m2. When the temporary use provision expires or when the garden suite is no longer required for its intended use, the building may only be used as an accessory to the principle use of the property in accordance with the provisions of the Zoning By-law. - 66 - 10.2 Additional Provisions for Agriculture Zone (a) Accessory Dwelling For accessory dwellings, the maximum building height shall be 9 m and the minimum floor area shall be 75 m². Only one accessory dwelling will be permitted per lot except where a farm has more than one owner in which case each owner may have an accessory dwelling on the lot. (b) Wayside Pit or Quarry The requirements of the Aggregate Resources Act shall apply to any wayside pit or wayside quarry. (c) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 67 - SECTION 11 RURAL ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Rural Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 11.1 Rural (RU) (a) Permitted Uses: (please see specific Zone Requirements below) - agricultural use - communication facility - conservation use - kennel - medical marijuana facility - single dwelling - veterinary establishment - wayside pit - wayside quarry - dwelling accessory to an agricultural use, kennel or veterinary establishment (b) Zone Requirements: i) Agricultural use, communication facility, conservation use, permitted accessory dwelling: in accordance with the provisions of the Agriculture Zone. ii) Kennel, veterinary establishment Lot Area (minimum) 1 ha Lot Frontage (minimum) 60 m Yard Requirements (minimum) - Front 15 m - Rear 15 m - Exterior Side 15 m - Interior Side 15 m Building Height (maximum) 9 m Lot Coverage (maximum) 10% iii) Single dwelling: Lot Area (minimum) 8,000 m² Lot Frontage (minimum) 45 m Yard Requirements (minimum) - Front l5 m - Rear l5 m - Exterior Side l5 m - Interior Side 3 m Building Height (maximum) 9 m Lot Coverage (maximum) 10% Floor Area (minimum) 75 m² Dwellings Per Lot (maximum) 1 - 68 - (c) Special Exception Zones: i) RU-l Notwithstanding the provisions of Section 11.1 hereof to the contrary, the land zoned RU-l may be used for an airfield. Any building or structure required for the airfield shall be located a minimum of l5 m from any lot line and shall be a maximum of 12 m in height. ii) RU-2 Notwithstanding the provisions of Section 11.1 hereof to the contrary, the land zoned RU-2 may be used in accordance with the following provisions: Lot Area (minimum) 3850 m² Lot Frontage (minimum) 29 m iii) RU-3 Notwithstanding the provisions of Section 11.1 hereof to the contrary, on the land zoned RU-3, a small engine repair business shall be permitted within the existing garage. iv) RU-4 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-4, a snowmobile club shall be permitted. Notwithstanding the provisions of Section 3.4 hereof to the contrary, on the land zoned RU-4, buildings or structures for the snowmobile club shall be permitted. v) RU-5 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-5, a ceramics studio shall be permitted. The provisions of Section 3.10 of the By-law shall apply to this use except that the studio may be located in a separate building not more than 150 m². vi) RU-6 86-36 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-6, a warehouse, repair and sales business shall be permitted. vii) RU-7 Notwithstanding the provisions of Section 3.22(b) hereof to the contrary, on the land zoned RU-7, the setback from water shall be 19.4 m. viii) RU-8 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-8, a cabinet making business shall be a permitted use. - 69 - ix) RU-9 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-9, a motor vehicle repair business will be permitted within the existing garage. x) RU-10 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, the land zoned RU-10 may be used for the purpose of constructing log buildings and as a school for the purpose of teaching log construction. xi) RU-11 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-11, a shop for the retail sale of meat will also be permitted. xii) RU-12 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-12, a welding shop will also be permitted. xiii) RU-13 Notwithstanding the provisions of Section 11.1(b) hereof to the contrary, on the land zoned RU-13, any dwelling shall be located a minimum of 152 metres from the easterly lot line. xiv) RU-14 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-14, a senior citizens home with a maximum of 15 guest rooms will also be permitted. xv) RU-15 92-11 Notwithstanding the provisions of Section 11.1(b) hereof to the contrary, on the land zoned RU-15, the minimum rear yard shall be 50 metres. xvi) RU-16 93-14 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RU- 16, a single dwelling shall be the only permitted use. In addition, no doors, windows or other openings in buildings or structures will be permitted below the 131.71 metre elevation (geodetic) and the top of the foundation must be above the 131.71 metre elevation. - 70 - xvii) RU-17 94-14 & 00-44 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RU-17, no building or structure, sewage disposal system or driveway shall be permitted within 30 metres of the high water mark of Mississippi Lake. In addition, no alteration of the vegetative cover and natural soil mantle within this setback area will be permitted unless written approval is obtained from the Ministry of Natural Resources. . xviii) RU-18 95-22 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-18, a semi-detached dwelling shall also be permitted. xix) RU-19 95-23 Notwithstanding the provisions of Section 11.1(b)(iii) hereof to the contrary, on the land zoned RU-19 the minimum rear yard shall be 3 metres, the minimum lot frontage shall 6.0 metres and the minimum lot area shall be 1,800 m2. xx) RU-20 96-22 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RU- 20 the minimum setback from water shall be 9.0 metres. xxi) RU-21 97-01 Notwithstanding the provisions of Section 11.1 (b)(iii) hereof to the contrary, on the land zoned RU-21 the following provisions will apply: Lot Area (minimum) 1075 m² Lot Frontage (minimum) 35 m Yard Requirements (minimum) - Front 6 m - Rear 13.5 m xxii) RU-22 97-04 Notwithstanding the provisions of Section 3.21(i) of this By-law to the contrary, on the land zoned RU-22 a single dwelling shall be permitted provided such dwelling is located no closer than 124.86 meters from the westerly lot line. (xxiii) RU-23 97-14 Notwithstanding any provision of this By-law to the contrary, on land zoned RU-23, the minimum setback from the high water mark shall be 9 metres. The existing boat shed shall be retained in its existing location. The provisions of Sections 11.1(b)(iii) of this By-law shall apply for the development of this lot with the exception of minimum lot area and minimum lot frontage. In addition, on the lot zoned RU-23 the maximum lot coverage shall be 20%. - 71 - (xxiv) RU-24 98-24 Notwithstanding any provision of this By-law to the contrary, on land zoned RU-24, the minimum distance separation from the dwelling to any livestock storage facility shall be 64 metres. In addition, notwithstanding the provisions of 11.1(b)(iii) hereof to the contrary, on the land zoned RU-24, the minimum lot size shall be 8000 m2 (xxv) RU-25 00-14 Notwithstanding the provisions of this By-law to the contrary, on the land zoned RU-25, the minimum front yard shall be 9 metres. (xxvi) RU-26 02-40 Notwithstanding the provisions of Section 11.1 (b)(iii) hereof to the contrary, on the land zoned RU-26 the existing buildings shall be permitted in their existing locations. The following provisions will apply for all new development: Lot Area (minimum) 2048 m² Yard Requirements (minimum) - Front 11 m - Southwesterly Interior Side 1.9 m Lot Coverage (maximum) 20% (xxvii) RU-27 03-39 Notwithstanding the provisions of Section 11.1 (b)(iii) hereof to the contrary, on the land zoned RU-27 any dwelling shall be located within 230 metres of the northerly lot line abutting 10th Line Beckwith. (xxviii) RU-28 04-46 Notwithstanding the provisions of Section 11.1(b)(iii) hereof to the contrary, on lands zoned RU-28, the following provisions shall apply: Lot Area (minimum) 578m2 Lot Frontage (minimum) 18.13m Yard Requirements - Front 8m - Rear 11.7m Lot Coverage (maximum) 14% Notwithstanding the provisions of Section 3.22(b) of this By-law, on the lands zoned RU-28, the minimum setback from water shall be 11.7m. (xxix) RU-29 04-55 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on lands zoned RU- 29, the outdoor storage of recreational vehicles, boats and other vehicles shall be permitted. - 72 - (xxx) RU-30 05-23 Notwithstanding the provisions of Section 11.1(b)(iii) to the contrary, on the land zoned RU- 30, the mobile homes as situated at the time of passing of this by-law shall be a permitted use. The mobile homes shall not be expanded, relocated to another location on the property, nor shall they be replaced with another mobile home. Future development of the property must be in accordance with the provisions of the Rural zone. (xxxi) RU-31 06-48 Notwithstanding the provisions of section 11.1(b)(iii) hereof to the contrary, the land zoned RU-31 may be used in accordance with the following provisions: Yard Requirements (minimum) Front 3.3m Rear 9.9m Interior Side 1.4m (north side only) Lot Coverage (maximum) 30% Notwithstanding any provision of this by-law to the contrary, the deck may encroach into the rear yard a maximum of 3m and the minimum setback from the water shall be 9.9m for the dwelling and 6.9m for the deck. (xxxi) RU-31 2007-25 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the lands zoned RU-31, a spa/salon shall be an additional permitted use. (xxxii) RU-32 2007-05 Notwithstanding the provisions of Section 11.1 (b) (iii) hereof to the contrary, the land zoned RU-32 may be used in accordance with the following provisions: Yard Requirements (minimum) Rear 3.8m Interior Side 1.7 (north side only) Lot Coverage (max.) 30% Notwithstanding any provision of this by-law to the contrary, the deck may encroach into the rear yard a maximum of 3.8m and the minimum setback from the water shall be 7.5m for the dwelling and 3.8m for the deck. (xxxiii) RU-33 2008-44 Notwithstanding the provisions of Section 11.1 (c) hereof to the contrary, the land zoned RU- 33, the minimum front yard shall be 50m. 2008-50 / 2009-08 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the lands zoned RU-33, an archery, hunting, fishing and outfitting sales, supplies and service business shall also be a permitted use. - 73 - (xxxiv) RU-34 2008-45 Notwithstanding the provisions of Section 11.1 (c) hereof to the contrary, the land zoned RU- 34, the minimum front yard shall be 40m. (xxxv) RU-35 2009-22 Notwithstanding the provisions of Section 11.1 (b)(iii) hereof to the contrary, the land zoned RU-35, the minimum frontage shall be 33m. (xxxvi) RU-36 2009-28 Notwithstanding the provisions of Section 11.1 (b)(iii) hereof to the contrary, the land zoned RU-36 may be used in accordance with the following provisions: Lot Area (minimum) 1,110m2 Lot Frontage (minimum) 18m Yard Requirements (minimum) Front 15m Rear 10m Interior Side (south side only) 1m Building Height (maximum) 9m Lot Coverage (maximum) 23% Floor Area (minimum) 75m2 Dwellings Per Lot (maximum) 1 Notwithstanding any provision of this by-law to the contrary, the minimum setback from the water shall be 15m for the dwelling and 10m for the deck. (xxxvii) RU-37 2010-04 Notwithstanding the provisions of Section 11.1 (a) hereof to the contrary, on the land zoned RU-37, indoor and outdoor storage of recreation vehicles, boats, and other vehicles shall also be a permitted use. (xxxviii) RU-38 2010-47; 2011-17 Notwithstanding the provisions of Section 11.1 (a) hereof to the contrary, on the land zoned RU-38, a commercial garage with parking, storage, and maintenance of school buses, delivery vans, trucks and garbage trucks, provided that such garbage trucks are not used for the storage of garbage, shall also be a permitted use. Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-38-h, a commercial garage with parking, storage, and maintenance of school buses, delivery vans, trucks and garbage trucks, provided that such garbage trucks are not used for the storage of garbage, and a waste transfer and recycling facility shall also be a permitted use, provided: i. That the waste transfer and recycling uses are carried on within a building; - 74 - ii. In accordance with the provisions of Section 4(5), the holding symbol has been placed on these lands to prohibit the development of a Waste Transfer and Recycling Facility only; and iii. The holding symbol will not be removed from these lands until such time as the Ministry of the Environment has issued its Certificate of Approval for the waste transfer and recycling facility and all other provincial approvals are in place. (xxxviiii) RU-39 2013-27 Notwithstanding the provisions of Section 3.10 hereof to the contrary, on the land zoned RU-39, a home occupation, as defined in section 2.50 b), shall be permitted subject to the following: i) No more than two (2) employees, other than a member of the family of the owner or occupant, shall be engaged in the home occupation. Only three (3) employees shall be actively working onsite in the home occupation at one time, with an aggregate of no more than 5 people in any one location for multiple occupations. ii) No more than 101 m2 of floor area in any one accessory building is used for such purposes and only if such accessory building is located a minimum of 3m from all lot lines. iii) The home occupation will be operated in accordance with the remaining provisions of Section 3.10. (xl) RU-40 2013-33 Notwithstanding the provisions of Section 11.1 a) hereof to the contrary, on the land zoned RU-40, the only permitted uses shall be agriculture, conservation use, or a single dwelling. (xli) RU-41 2015-26 Notwithstanding the provisions of Section 11.1(a) hereof to the contrary, on the land zoned RU-41 a 'sign making business' shall also be a permitted use. The 'sign making business' shall be limited to a building foot print of 170m2 and shall be subject to the following: Yard Requirements (minimum) -Front 50m -Rear 15m -Interior Side 10m Building Height (maximum) 6m (xlii) RU-42 2015-27 Notwithstanding the provisions of Section 11.1(b) hereof to the contrary, on the land zoned RU-42 the minimum front yard setback shall be 40 metres. (e) Temporary Use Zones: - 75 - (i) RU-T1 Notwithstanding the provisions of Section 11.1(a) and (b) hereof to the contrary, on the land zoned RU-T1, a garden suite shall be permitted until April 26, 2014, at which time this use must cease. On the land zoned RU-T1, the garden suite may consist of an existing accessory building on the property together with an addition to that building, provided that the total gross floor area of the building to be used as a garden suite is no more than 105m². When the temporary use provision expires or when the garden suite is no longer required for its intended use, the building may only be used as an accessory to the principle use of the property in accordance with the provisions of the Zoning By-law. 11.2 Additional Provisions for Rural Zone (a) Wayside Pit or Wayside Quarry The requirements of the Aggregate Resources Act shall apply to any wayside pit or wayside quarry. (b) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 76 - SECTION 12 FLOOD PLAIN ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Flood Plain Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 12.1 Flood Plain (FP) (a) Permitted Uses: (please see specific Zone Requirements below) - agricultural use excluding buildings - conservation use excluding buildings - marine facility - open space use - parking area excluding buildings - public park - accessory use such as a tool shed, patio, barbecue or similar use related to an existing dwelling (b) Zone Requirements: i) Any permitted building or structure must receive the written approval of the appropriate Conservation Authority and the Corporation. ii) The placing of fill within the Flood Plain Zone is prohibited unless written approval is received from the appropriate Conservation Authority. iii) Where lands are covered by both a Flood Plain Zone and a Wetlands Zone, the more restrictive zoning provisions will apply to such lands. (iv) Unless otherwise specified, the following floodproofing measures shall be required for all Special Exception Zones as set out in Section 12.1(c) a) the minimum final surface floor elevation for any crawlspace shall be 135.0 m geodetic; b) the maximum height of any crawlspace shall not exceed 1.8 metres. c) the minimum final surface floor elevation for any basement shall be 135.9 m. geodetic; d) no openings shall be permitted below the elevation of 136.2 m. geodetic; e) the minimum final surface floor elevation for any garage shall be 135.9 m geodetic; f) the minimum final surface elevation for the first floor living space in any dwelling shall be 136.2 m geodetic; g) no electrical services shall be permitted below the 135.9 m geodetic; h) no living space shall be permitted below the 135.9 m geodetic; and i) all interior space located below the 1:100 year flood level shall remain unfinished and non- habitable. (c) Special Exception Zones: i) FP-1 Lot 12, Concession 12 01-12 Notwithstanding the provisions of Section 12.1(a) and (b)(iv) hereof to the contrary, on the land zoned FP-1, a seasonal dwelling shall be permitted. The provisions of Section - 77 - 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provisions of this By-law to the contrary, on the land zoned FP-1, the minimum setback from the high water mark shall be 15 m. All new development shall conform to Section 12.1(b)(iv) of this By-law. ii) FP-2 Lots 19 & 20, Concessions 7 & 8 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-2, an open space use shall be the only permitted use. iii) FP-3 Lot 20, Concession 8 93-14 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-3, the only permitted uses shall be an open space use and an accessory use such as a tool shed, patio, barbecue or similar use related to an existing dwelling. iv) FP-4 Lot 8, Concession 10 93-21A ; 01-12; 02-02 Notwithstanding the provisions of Section 12.1(a) and (b)(iv) hereof to the contrary, on the land zoned FP-4, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage shall apply for the development of this lot. Notwithstanding any provisions of this By-law to the contrary, on the land zoned FP-4, the minimum setback from the high water mark shall be 30 m. v) FP-5 Lots 4 & 5, Concession 10 93-26 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-5, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area and minimum lot frontage, shall apply for development of this lot. Notwithstanding any provisions of this By-law to the contrary, on the land zoned FP-5, the minimum setback from the high water mark shall be 15 m. vi) FP-6 Lot 10, Concession 12 94-14 & 01-12 Notwithstanding the provisions of this By-law to the contrary, on the land zoned FP-6, no alteration of the shoreline, vegetative cover or natural soil mantle will be permitted unless written approval is obtained from the Ministry of Natural Resources and the Mississippi Valley Conservation Authority. In addition, written approval must be obtained from the Ministry of Natural Resources and the Mississippi Valley Conservation Authority for any permitted marine facility or accessory use. vii) FP-7 Lot 8, Concession 10 94-16 & 01-12 Notwithstanding the provisions of this By-law to the contrary, on the land zones FP-7, a dwelling having external dimensions not greater than 9.24 m x 9.9 m and not more than 2 stories in height may be located on the existing foundation in its existing location and on this property. The existing deck on the west and north sides of the dwelling and the existing detached garage are also permitted in their existing locations. In addition, the crawlspace floor elevation shall be maintained at 135.2 m geodetic and all existing - 78 - openings in the crawlspace shall be maintained. No electrical services shall be permitted below the elevation of 136.2 m geodetic. viii) FP-8 Lot 6, Concession 9 94-17 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-8, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-8, the minimum setback from the high water mark shall be 7.2 metres. ix) FP-9 Lot 5, Concession 9 94-19; 01-12; 02-10; 2009-67 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-9, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding the provisions of Section 12.1(c)(ix) hereof to the contrary, on the land zoned FP-09 sanitary facilities and a sleeping area only shall be permitted on the second floor of the accessory building. x) FP-10 Lot 7, Concession 9 95-19 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-10, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-10, the minimum setback from the high water mark shall be 14 metres. xi) FP-11 Lot 1, Concession 7 95-21 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-11, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-11, the minimum setback from the high water mark shall be 8 metres. xii) FP-12 Lot 3, Concession 8 95-23 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-12, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. xiii) FP-13 Lot 6, Concession 9 95-24 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-13, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. - 79 - xiv) FP-14 Lot 8, Concession 10 95-25 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-14, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-14, the minimum setback from the high water mark shall be 14 metres. All new development shall conform to Section 12.1(b)(iv) of this By-law. xv) FP-15 Lot 20, Concession 8 95-31 & 01-12 Notwithstanding the provisions of this by-law to the contrary, on the land zoned FP-15, a single dwelling shall be the only permitted use. The provisions of Section 11.1(b)(iii) shall apply for the development of this lot. No doors, windows or other openings in buildings or structures will be permitted below the 131.71 metre geodetic elevation and the top of the foundation must be above the 131.71 metre geodetic elevation. Further, the provisions of Section 12.1(b)(iv) shall not apply for the development of this lot. xvi) FP-16 Lot 4, Concession 9 96-02 & 01-12 & 02-25 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-16, a dwelling shall be permitted. The provisions of Sections 5.5(b) of this By- law, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-16, the minimum setback from the high water mark shall be 20 metres. xvii) FP-17 Lot 8, Concession 10 96-17 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-17, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-17, the minimum setback from the high water mark shall be 10 metres. xviii) FP-18 Lot 3, Concession 9 96-18 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-18, a single dwelling shall be permitted. The provisions of Sections 5.5(b) of this By-law, with the exception of minimum lot area, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on land zoned FP- 18, the minimum setback from the high water mark shall be 12 metres. xix) FP-19 Lot 3, Concession 9 97-02 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-19, a detached garage shall be the only permitted use. The minimum side yard setback shall be 3 metres. xx) FP-20 Lot 5, Concession 8 00-36 & 01-12 - 80 - Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-20 a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on the land zoned FP-20, the minimum setback from the high water mark shall be 13 metres and a screened deck shall be allowed to encroach into the minimum setback from water a maximum of 3.7 metres. In addition an unenclosed deck shall be permitted to encroach into the northerly side yard a maximum of 1.92 metres. xxi) FP-21 Lot 5, Concession 9 97-13 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-21, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. In addition the minimum interior side yard setback from the southerly lot line will be 1.5 metres. Notwithstanding any provision of this By- law to the contrary, on land zoned FP-21, the minimum setback from the high water mark shall be 10 metres. xxii) FP-22 Lot 2, Concession 7 97-14 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-22, a single dwelling shall be permitted. The existing boat shed shall be retained in its existing location. The provisions of Sections 11.1(b)(iii) of this By-law, shall apply for the development of this lot with the exception of minimum lot area and minimum lot frontage. In addition, on the lot zoned FP-22 the maximum lot coverage shall be 20%. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-22, the minimum setback from the high water mark shall be 9 metres. xxiii) FP-23 Lot 6, Concession 9 99-12 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-23, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on the land zoned FP-23, the minimum setback from the interface of the rock fill and the water to the building shall be 13.3 metres. A deck may encroach into the setback from water a maximum of 3.048 metres. The existing dwelling and outbuildings shall be permitted in their existing locations at their existing elevations and with their existing encroachments. In the existing dwelling, no living space shall be permitted below the existing first floor elevation of 136.17 m geodetic. In addition, the existing electrical services shall be allowed to remain at or above the 135.56 m geodetic elevation. In the existing dwelling, no new or replacement electrical services shall be permitted below the 135.9 m geodetic elevation. For any new development or additions to the existing dwelling, the walls and eaves shall be no closer to the interface of the rock fill and the water than the straight line projection of the wall and eave of the existing dwelling, with the exception of the bay window which is - 81 - permitted to project no more than 0.6 metres from the wall of the dwelling, and the addition shall project no closer to the northerly side yard than 9 metres. Furthermore, for any new development, the provisions of Section 12.1(b)(iv) shall apply. (xxiv) FP-24 Lot 6, Concession 9 99-33 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-24, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. In addition the accessory buildings shall be permitted to remain in their existing locations. Notwithstanding any provision of this By- law to the contrary, on land zoned FP-24, the minimum setback from the high water mark shall be 8.3 metres. In addition, the existing accessory buildings may be raised to a minimum floor elevation of 135.9 m geodetic in the existing location. (xxv) FP-25 Lot 8, Concession 10 00-13 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-25, a single dwelling and accessory buildings shall be permitted. In addition the accessory buildings shall be permitted to remain in their existing locations. Any replacement garage shall be sited in accordance with the General Provisions and Section 12.1(b)(iv) of this By-law. The existing dwelling shall be permitted to remain in its existing location and may be floodproofed in accordance with Section 12.1(b)(iv) of this By-law. (xxvi) FP-26 Lot 6, Concession 9 00-14 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-26 a single dwelling shall be permitted. (xxvii) FP-27 Lot 4, Concession 8 00-24 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-27 a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on the land zoned FP-27, the minimum setback from the high water mark shall be 16.4 metres. (xxviii)FP-28 Lot 8, Concession 11 00-39 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-28 a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. In addition, the minimum front yard requirement shall be 4.8 metres and the minimum side yard requirement for the southerly lot line adjacent to Tenth St. shall be 1.8 metres. The existing dwelling shall be permitted to remain in its existing location. All new development shall conform to Section 12.1(b)(iv) of this By-law. - 82 - (xxix) FP-29 Lot 8, Concession 10 00-43 & 01-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-29 a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on the land zoned FP-29, the minimum setback from the high water mark shall be 12.2 metres to the dwelling and 9.8 metres to an unenclosed deck. (xxx) FP-30 02-13 Notwithstanding the provisions of this by-law hereof to the contrary, on the land zoned FP-30, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. In addition the minimum front yard requirement shall be 7.32 m. The existing dwelling and accessory building shall be permitted to remain in their existing locations. All new development shall conform to the requirements of Section 12.1(b)(iv) of this By-law. (xxxi) FP-31 02-45 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-31 a single dwelling and accessory buildings shall be permitted. The provision of Section 5.4(b) shall apply for the development of this lot. (xxxii) FP-32 02-09 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-32, a dwelling shall be permitted. The provisions of Section 5.5(b) of this By- law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. In addition the minimum lot coverage shall be 31%. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-32, the minimum setback from the high water mark shall be 14.3 metres. All new development shall conform to Section 12.1(b)(iv) of this By-law. (xxxiii) FP-33 02-35; 03-34 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-33, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. Notwithstanding any provision of this By-law to the contrary, on land zoned FP-33 the minimum setback from the high water mark shall be 12.24 metres and the minimum southerly interior side yard requirement shall be 1.53 m. for the dwelling. In addition, an attached unenclosed deck shall be permitted to encroach into the minimum setback from the high water mark a maximum of 2.44 metres. All new development shall conform to Section 12.1(b)(iv) of this By-law. (xxxiv) FP-34 02-45 Notwithstanding the provisions of this By-law hereof to the contrary, on the land zoned FP- - 83 - 34 a single dwelling and accessory buildings may be permitted, subject to written approval from the Mississippi Valley Conservation Authority. Any dwelling or accessory building constructed in the area zoned FP-34 shall only be permitted if a suitable building site, as determined through soil condition testing performed by a qualified professional, is not available above the 135.6 m. geodetic elevation. Furthermore, any such buildings shall be located as far back as possible from the water and any proposed location must also be supported by soil condition testing performed by a qualified professional. In addition, development which encroaches into land zoned as FP-34 shall be subject to a site plan control agreement. (xxxv) FP-35 03-08 Notwithstanding the provisions of this By-law hereof to the contrary, on the land zoned FP- 35 a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply for the development of this lot. All new development shall conform to Section 12.1(b)(iv) of this By-law. (xxxvi) FP-36 03-28 Notwithstanding the provisions of this By-law hereof to the contrary, on the land zoned FP- 36 a single dwelling shall be permitted. Notwithstanding any provision of this By-law to the contrary, on the land zoned FP-36, the existing dwelling and accessory building can remain in their existing locations at their existing elevations with their existing encroachments. In addition, the buildings may be floodproofed at their existing locations in accordance with Section 12.1(b)(iv) of this By-law. For any new development, the provisions of Section 5.5(b) of this By-law, with the exception of minimum lot area and minimum lot frontage, shall apply. In addition the minimum required setback from the highwater mark, for new development, shall be 15 metres and the minimum front yard setback shall be 3.65 m. All new development shall conform to Section 12.1(b)(iv) of this By-law. (xxxvii) FP-37 04-32 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the lands zoned FP-37, a dwelling shall be permitted. The provisions of Section 5.5 (b) of this By- law shall apply to the development of this lot, with the exception of lot frontage, which shall be 40m for the northerly lot only. (xxxviii)FP-38 04-45 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 38, a dwelling shall be permitted. The following zone requirements shall apply to lands zoned FP-38: - 84 - Lot Area (minimum) 338m2 Lot Frontage (minimum) 25.94m Yard Requirements (minimum) - Front 0.3m - Rear 5.3m - Interior Side 7.5m Building Height (maximum) 9m Lot Coverage (maximum) 18% Floor Area (minimum) 50.72 m2 Dwellings per lot (maximum) 1 Notwithstanding the provisions of Section 3.21(b) of this By-law, on the lands zoned FP-38, the minimum setback from water shall be 5.3m. (xxxix)FP-39 05-50 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 39, a single dwelling shall be permitted. The provisions of Section 11.1(b)(iii) of the By-law shall apply to the development of this lot. Notwithstanding any provisions of the By-law to the contrary, on the land zoned FP-39, the minimum setback from the high water mark shall be 60m. All new development shall conform to Section 12.1(b)(iv) of this By-law. (xli) FP-41 06-48 Notwithstanding the provisions of section 12.l(a) hereof to the contrary, on the land zoned FP-41, a single dwelling shall be permitted. The provisions of section 11.1(b)(iii) and 11.1(c )(xxxi) shall apply for the development of this lot. (xlii) FP-42 2007-05 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 42, a single dwelling shall be permitted. The provisions of Section 11.1(b)(iii) and 11.1(c)(xxxii) of the By-law shall apply to the development of this lot. (xliii) FP-43 2007-27 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 43, a single dwelling shall be permitted. The provisions of Section 5.5(b) and 5.5(c)(x) shall apply to the development of this lot. (xliv) FP-44 2008-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 44, a single dwelling shall be permitted. Notwithstanding the provisions of Section 5.5 (b) hereof to the contrary, the land zoned FP-44 may be used in accordance with the following provisions: Yard Requirements (minimum) Front 9m Exterior Side 3m (west side only) Interior Side 2m (east side only) - 85 - (xlv) FP-45 2008-16 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 45, a single dwelling shall be permitted. The following zone requirements shall apply to lands zoned FP-45: Lot Area (minimum) 500m2 Lot Frontage (minimum) 15m Yard Requirements (minimum) Front 10.0m Rear 5.7m Interior Side 1.8m Building Height (maximum) 9m Lot Coverage (maximum) 30% Floor Area (minimum) 55m2 Dwellings per lot (maximum) 1 Notwithstanding the provisions of Section 3.22(b) of this By-Law, on the lands zoned FP-45, the minimum setback from the water shall be 10.0m. (xlv) FP-45 2008-33 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 45, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law shall apply for the development of this lot. Notwithstanding any provision of the By-law to the contrary, on lands zoned FP-45, the minimum setback from the high water mark shall be 13m. All new development shall conform to Section 12.1(b) (iv) of this By-law. (xlvi) FP-46 2008-40 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 46, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law with the exception of minimum lot area, and minimum frontage shall apply for the development of this lot. In addition the minimum interior side yard setback from the easterly lot line will be 1 metre. Notwithstanding any provision of the By-law to the contrary, on lands zoned FP-46, the minimum setback from the high water mark shall be 10m. All new development shall conform to Section 12.1(b) (iv) of this By-law. (xlvii) FP-47 2008-49 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 47, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law with the exception of minimum lot area, and minimum frontage shall apply for the development of this lot. Notwithstanding any provision of the By-law to the contrary, on lands zoned FP-47, the minimum setback from the high water mark shall be 12.9m. All development shall conform to Section 12.1(b) (iv) of this By-law. (xlviii) FP-48 2008-53 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- - 86 - 48, an accessory building shall be permitted. The provisions of Section 5.5(b) of this By-law with the exception of minimum lot area shall apply for the development of this lot. In addition the minimum interior side yard setback from the easterly lot line will be 1 ft. Notwithstanding any provision of the By-law to the contrary, on lands zoned FP-48, all development shall conform to Section 12.1(b) (iv) of this By-law. (xlix) FP-49 2008-54 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 49, an accessory dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law with the exception of minimum lot area and minimum frontage shall apply for the development of this lot. In addition the minimum rear yard setback shall be 1m. (l) FP-50 2009-27 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 50, a single dwelling shall be permitted. The provisions of Section 5.5(b) of this By-law shall apply for the development of this lot. (li) FP-51 2009-28 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 51, a single dwelling shall be permitted. The provisions of Section 11.1 (b)(iii) and 11.1 (c)(xxxvi) shall apply for the development of this lot. (lii) FP-52 2009-35 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 52, a single dwelling shall be permitted. The provisions of section 5.5(b) and 5.5(c)(xi) shall apply for the development of this lot. (liii) FP-53 2009-58 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 53, a single dwelling shall be permitted. The provisions of Section 5.5(b) and 5.5 (c)(xiv) shall apply for the development of this lot. (lv) FP-55 2011-12 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 55, a single storey garage shall be permitted. Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, the land zoned FP-55 may be used in accordance with the following provisions: Yard Requirements (minimum) Lot Area 800m Front 3m Lot Frontage 30m Setback from water 14m (lvi) FP-56 2011-27 - 87 - Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on lands zoned FP- 56, a single dwelling shall be permitted. Notwithstanding the provisions of Section 5.5(b) hereof to the contrary, the land zoned FP-56 may be used in accordance with the following provisions: Lot Area (minimum) 980m2 Lot Frontage (minimum) 35m Yard Requirements (minimum) Front 8m Rear 2m Exterior Side 3m (west only) Interior Side 0.5m (south only) Notwithstanding any provision of this By-law to the contrary, on lands zoned FP-56, the minimum setback from the high water mark shall be 8m. (lvii) FP-57 2012-27 Notwithstanding the provisions of Section 12.1(a) hereof to the contrary, on the land zoned FP-57, a single dwelling shall also be a permitted use. The following zone requirements shall apply to the lands zoned FP-57: Yard Requirements (minimum) Dwelling Front 37.05m Rear 6.0m Interior Side 2.39m south side only / 3.00m north side Yard Requirements (minimum) Accessory Building Interior Side 2.58m Rear 3.00m Building Height (maximum) 9m Lot Coverage (maximum) 30% Floor Area (minimum) 55m2 Dwellings per lot (maximum) 1 Setback from High Water Mark 8.2m (dwelling) / 4.6m (deck) 12.2 Additional Provisions for Flood Plain Zone (a) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. - 88 - SECTION 13 WETLANDS ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Wetlands Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 13.1 Wetlands (W) (a) Permitted Uses: (please see specific Zone Requirements below) - conservation use - open space use - public park - agriculture use excluding buildings (b) Zone Requirements: 00-06 i) No building or structure shall be located closer than 15 m to any lot line. ii) The placing of fill or drainage improvements within the Wetlands Zone are prohibited unless written approval is received from the Corporation, in consultation with other appropriate authorities. iii) Where lands are covered by both a Flood Plain Zone and a Wetlands Zone, the more restrictive zoning provisions will apply to such lands. 13.2 Additional Provisions for Wetlands Zone (a) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. - 89 - SECTION 14 MINERAL AGGREGATE ZONES No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Mineral Aggregate Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 14.1 Mineral Aggregate - Pit (AP) (a) Permitted Uses: (please see specific Zone Requirements below) - agricultural use excluding buildings - pit - portable asphalt plant (b) Zone Requirements: i) Agricultural use: in accordance with the requirements of the Agriculture Zone. ii) Pit: Yard Requirements (minimum) - any yard adjacent to a public street 30 m - all other yards 15 m Notwithstanding the above yard requirements, no Mineral Aggregate - Pit Zone will be established within 120 m of a dwelling on another lot. (c) Special Exception Zones: i) AP-1 Notwithstanding the provisions of Section 14.1 hereof to the contrary, on the land zoned AP-1, the extraction of gravel for private purposes only shall be permitted. ii) AP-2 95-27 Notwithstanding the provisions of Section 14.1 (a) hereof to the contrary, on the land zoned AP-2, the only permitted use will be a Class B pit operation which allows a maximum annual extraction of 20000 tonnes. The zone requirements of Section 14.1(b)(ii) will apply to this use. 14.2 Mineral Aggregate - Quarry (AQ) (a) Permitted Uses: (please see specific Zone Requirements below) - agricultural use excluding buildings - pit - quarry - asphalt plant - concrete plant - 90 - (b) Zone Requirements: i) Agricultural use: in accordance with the requirements of the Agriculture Zone. ii) Pit: in accordance with the requirements of AP Zone. iii) Quarry, asphalt plant, concrete plant: Yard Requirements: - any yard adjacent to a public street 30 m - all other yards 15 m Notwithstanding the above yard requirements, no Mineral Aggregate - Quarry Zone will be established within 300 m of a dwelling on another lot. 14.3 Mineral Aggregate - Pit Reserve Area (APR) (a) Permitted Uses: (please see specific Zone Requirements below) - agricultural use excluding buildings - park excluding buildings - open space use - wayside pit - wayside quarry 14.4 Mineral Aggregate - Quarry Reserve Area (AQR) (a) Permitted Uses: (please see specific Zone Requirements below) - agricultural use excluding buildings - park excluding buildings - open space use - wayside pit - wayside quarry 14.5 Additional Provisions for Mineral Aggregate Zones (a) Wayside Pit or Wayside Quarry The requirements of the Aggregate Resources Act shall apply to any wayside pit or wayside quarry. (b) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 91 - SECTION 15 CONSTRAINT ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Constraint Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 15.1 Constraint (CON) (a) Permitted Uses: (please see specific Zone Requirements below) - agricultural use - golf course excluding buildings - existing use - open space use - single dwelling on an existing lot - wayside pit - wayside quarry (b) Zone Requirements: i) Agricultural use: in accordance with the requirements of the Agriculture Zone. ii) Single dwelling: in accordance with the requirements for a single dwelling in the Rural Zone provided that the dwelling is sited as far away as reasonably possible from any land zoned as Mineral Aggregate - Quarry, Mineral Aggregate-Pit Reserve Area or Mineral Aggregate- Quarry Reserve Area.. iii) Wayside pit or wayside quarry: in accordance with the requirements of the Aggregate Resources Act. 15.2 Additional Provisions for Constraint Zone (a) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. - 92 - SECTION 16 WRECKING YARD ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Wrecking Yard Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 16.1 Wrecking Yard (WY) (a) Permitted Uses: (please see specific Zone Requirements below) - commercial garage - wrecking yard - accessory dwelling (b) Zone Requirements: Yard Requirements (minimum) - all yards 12 m Notwithstanding the above yard requirements, no Wrecking Yard Zone will be established within 150 m of a dwelling on another lot. (c) Special Exception Zones: i) WY-1 Notwithstanding the provisions of Section 16.1(b) hereof to the contrary, on the lands zoned WY-1, a second accessory dwelling may be permitted in the form of a mobile home for the use of an employee of the business provided that the mobile home is a minimum of 6 m from the existing dwelling and has a floor area of at least 46 m². ii) WY-2 Notwithstanding the provisions of Section 16.1(b) hereof to the contrary, on the land zoned WY-2, a wrecking yard may be established within the area so zoned. iii) WY-3 92-11 Notwithstanding the provisions of Section 16.1(b) hereof to the contrary, on the land zoned WY-3, the wrecking yard shall be located a minimum of 150 metres from the boundary line between the east and west half of Lot 25, Concession 6, a minimum of 680 metres from the road allowance between Concessions 6 and 7, a minimum of 410 metres from the road allowance between Concessions 5 and 6 and a minimum of 310 metres from the boundary line between Lots 26 and 27. iv) WY-4 92-11 Notwithstanding the provisions of Sections 16.1(a) and (b) hereof to the contrary, on the land zoned WY-4, the only permitted use will be the burial of tires accessory to the wrecking yard operation. Such land shall be located a minimum of 150 metres from the boundary line - 93 - between the east and west half of Lot 25, Concession 6, a minimum of 310 metres from the road allowance between Concessions 5 and 6 and shall be an area no greater than 100 metres by 100 metres. 16.2 Additional Provisions for Wrecking Yard Zone (a) Accessory Dwellings In a Wrecking Yard Zone, an accessory dwelling shall conform to the standards of the R Zone. (b) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 94 - SECTION 17 WASTE DISPOSAL ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Waste Disposal Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 17.1 Waste Disposal (WD) (a) Permitted Uses: (please see specific Zone Requirements below) - waste disposal site (b) Zone Requirements: Yard Requirements (minimum) - all yards 15 m Notwithstanding the above yard requirements, no Waste Disposal Zone will be established within 500 m of a dwelling on another lot. 17.2 Additional Provisions for Waste Disposal Zone (a) Other General Provisions: Other general provisions shall be in accordance with Section 3 of this By-law. - 95 - SECTION 18 SEPTAGE DISPOSAL ZONE No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure in a Septage Disposal Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. 18.1 Septage Disposal (SD) (a) Permitted Uses: (please see specific Zone Requirements below) - septage disposal site (b) Zone Requirements: Yard Requirements (minimum) - all yards 30 m Notwithstanding the above yard requirements, no Septage Disposal Zone will be established within 450 metres of a Residential or Institutional Zone, 200 metres from a dwelling on another lot, 100 metres from a watercourse or waterbody or 150 metres from a Wetlands Zone. 18.2 Additional Provisions for Septage Disposal Zone (a) Other General Provisions Other general provisions shall be in accordance with Section 3 of this By-law. - 96 - BY-LAW NO. 91-14 READ a first and second time this 3rd day of June, 1991. John Sheil Yvonne Robert Reeve Clerk READ a third time and finally passed this 17th day of June, 1991. John Sheil Yvonne Robert Reeve Clerk CERTIFIED that this is a true copy of By-law No. 91-14 enacted and passed by the Council of the Corporation of the Township of Beckwith on June 17, 1991. Signed Yvonne Robert Clerk - 97 - APPENDIX 1 METRIC CONVERSION TABLE TOWNSHIP OF BECKWITH ZONING BY-LAW 1. LINEAR MEASUREMENTS 2. AREA MEASUREMENTS Metric (m) Imperial (ft) Metric (m2) Imperial (sq.ft.) metres feet square metres square feet .6 1.97 20.0 215.28 .75 2.46 25.0 269.10 1.2 3.94 37.0 398.26 1.5 4.92 40.0 430.56 2.5 8.20 46.0 495.14 3.0 9.84 55.0 592.02 3.5 11.48 70.0 753.47 4.5 14.76 75.0 807.29 6.0 19.68 90.0 968.75 7.5 24.61 100.0 1076.39 9.0 29.52 130.0 1399.31 10.0 32.81 135.0 1453.13 10.5 34.45 200.0 2152.78 12.0 39.37 230.0 2475.70 14.0 45.92 465.0 5005.22 15.0 49.21 1000.0 10763.92 24.0 78.74 2000.0 21527.83 27.5 90.22 3000.0 32291.75 29.0 95.14 3850.0 41441.07 30.0 98.43 3880.0 41763.99 45.0 147.64 4000.0 43055.66 50.0 164.04 7500.0 80729.36 100.0 328.08 120.0 393.70 .4 ha l acre l50.0 492.13 2 ha 4.94 acres 215.0 705.38 300.0 984.25 500.0 1640.42