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Township of Bonnechere Valley
Comprehensive Zoning By-law
#2022-042
Prepared by the County of Renfrew
Passed by the Council of the Corporation
of the Township of Bonnechere Valley, and in effect
June 21, 2022
Page | 2
TABLE OF CONTENTS
Section 1 - Application, Interpretation and Enforcement ................................................. 3
Section 2 - Definitions ............................................................................................................... 8
Section 3 - General Provisions .............................................................................................. 37
Section 4 - Parking, Queueing, and Loading Requirements ........................................... 61
Section 5 - Zone Classifications, exceptions zone provisions ........................................ 73
Section 6 - Requirements for Residential One (R1) zone ............................................... 75
Section 7 - Requiremnts for Residential Two (R2) Zone ................................................ 79
Section 8 - Requirments for Rural Residential (RR) Zone .............................................. 83
Section 9 - Requirements for Limited service Residential (LSR) zone ........................ 85
Section 10 - Requirements for Mobile Home Park (MHP) Zone .................................... 92
Section 11 - Requirements for Main Street Commercial (MSC) Zone ......................... 95
Section 12 - Requirements for General commercial (GC) zone .................................... 98
Section 13 - Requirements for Highway Commercial (HC) Zone ................................ 101
Section 14 - Requirements for Tourist Commercial (TC) Zone ................................... 104
Section 15 - Requirements for Disposal Industrial (DM) Zone .................................... 106
Section 16 - Requirements for Mineral Aggregate pit (MP) zone ............................... 108
Section 17 - Requirements for Mineral Aggregate pit - Reserve (MP-R) zone ....... 110
Section 18 - Requirements for Mineral Aggregate Quarry (MQ) zone ....................... 112
Section 19 - Requirements for Mineral Aggregate Quarry - Reserve (MQ-R) zone 114
Section 20 - Requirements for General Industrial (GM) Zone ..................................... 116
Section 21 - Requirements for Light Industrial (LM) Zone ........................................... 120
Section 22 - Requirements for Rural (RU) Zone ............................................................. 122
Section 23 - Requrirements for Agriculture (A) Zone .................................................... 131
Section 24 - Requirements for Community Facility (CF) Zone .................................... 134
Section 25 - Requirements for Environmental Protection (EP) Zone ......................... 137
Section 26 - Requirements for Open Space (OS) Zone ................................................ 139
Section 27 - Requirements for the Development (D) Zone ......................................... 141
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SECTION 1 - APPLICATION, INTERPRETATION AND
ENFORCEMENT
1.1 Title of By-law
This By-law may be cited as "the Zoning By-law of the Township of Bonnechere
Valley" or short title as the "Township of Bonnechere Valley By-law".
1.2 Scope of By-law
1.2.1 Lands Subject to By-law
The provisions of this By-law shall apply to all lands lying within the corporate limits
of the Township of Bonnechere Valley.
1.2.2 Conformity with By-law
No lands shall hereafter be used and no building or structure shall be erected, altered,
or used within the Corporation except in conformity with the provisions of this By-
law and except as permitted by this By-law.
1.2.3 Existing Uses Continued
Nothing in this By-law shall apply to prevent the use of any existing lot, building or
structure for any purpose prohibited by this By-law if such lot, building or structure
was lawfully used for such purpose on or before the date of passing of this By-law,
so long as it continues to be used for that purpose.
1.3 Plans Approved Prior to the Passing of this By-law
Nothing in this By-law shall prevent the erection or use of any building or structure
for a purpose prohibited by the provisions of this By-law, if the plans for such building
or structure were approved by the Corporation and a building permit was issued on
or before the date of passing of this By-law, provided that: (a) when such building or
structure is erected, it shall be used and shall continue to be used only for the same
purpose for which the said building or structure was intended when such building
permit was issued and shall not be altered in any way except in conformity with the
provisions of this By-law; and (b) the erection of such building occurs pursuant to
the building permit and said permit is not revoked or expired prior to construction.
1.4 Compliance with Other Restrictions
This By-law shall not be construed so as to reduce or mitigate any restrictions or
regulations in any By-law, permit, or license lawfully imposed or issued by the
Corporation or by any governmental authority having jurisdiction to make such
restrictions or regulations. Nothing in this By-law shall prevent the erection,
alteration, or use of a building or structure, nor the use or alteration of a lot for which
a minor variance has been granted by the Committee of Adjustment.
1.5 Enforcement
Any person or directors or officers of any corporation convicted of a violation of this
By-law is liable to penalties in accordance with the provisions of Sections 67 and 67.1
of the Planning Act, R.S.O. 1990, c.P.13, as amended.
Part 1 - Application, Interpretation, and Enforcement
By-Law #2022-042
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1.6 Inspection
(a)
Subject to Subsection 1.6 b) of this Section, and any other applicable
provisions of the Planning Act any officer or employee of the Corporation appointed
by Council to administer or enforce the provisions of this By-law, or any person acting
under his or her instructions, is hereby authorized, upon producing proper
identification, to enter at all reasonable times, upon any property or premises to
conduct an inspection of which he or she believes on reasonable grounds may be
non-compliant with this By-Law;
(b)
Notwithstanding anything to the contrary in Subsection 1.6 (a) of this Section,
no officer or employee of the Corporation shall enter any room or place actually being
used as a dwelling unit or part thereof without the consent of the occupier, except
under the authority of a search warrant issued under Section 49.1 of the 'Planning
Act', or any successors thereto. The occupant shall be informed that the right of entry
may be refused and entry made only under the authority of a search warrant.
1.7 Requests for Amendments
Every request for an amendment to this By-law shall be accompanied by a completed
copy of the appropriate application form provided by the Corporation, the required
supporting material and any associated fees.
1.8 Risk, Expense, and Compliance
The facilities, yards, or other matters required by this By-law shall be provided and
maintained at the sole risk and expense of the owner of the lands in respect of such
matters as are hereby required and the said owner shall at all times bear full
responsibility for ensuring compliance in all respects with this By-law.
1.9 Interpretation of By-law
1.9.1
Definitions
In this By-law, unless the context requires otherwise, the definitions and
interpretations set out in Part 2 hereof shall apply. Words not defined shall have the
customary meaning or as defined in a standard dictionary.
1.9.2
"Shall" is Mandatory
In this By-law, the word "shall" is mandatory.
1.9.3
"Use" and "Occupy"
In this By-law, unless the context requires otherwise:
(a) The verb "use" shall include "design to be used", "arrange to be used",
"intend to be used", and "permit to be used"; and
(b) The verb "occupy" shall include "design to be occupied", "arrange to be
occupied", "intend to be occupied", and "permit to be occupied".
1.9.4
Schedules to By-law Part of By-law
Schedules which are attached hereto are hereby made a part of this By-law as fully
and to all intents and purposes as though recited in full herein.
Part 1 - Application, Interpretation, and Enforcement
By-Law #2022-042
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1.9.5
Interpretation of Zoning Boundaries
Zone boundaries, where possible, are construed to be lot lines, street lines,
centrelines of streets or railway rights-of-way. In the case where uncertainty exists
as to the boundary of any Zone, then the location of such boundary shall be
determined by using the measurement tool on "County Maps GIS WEBSITE OR
TOWNSHIP MAPPING".
1.9.6
Multiple Uses
Unless otherwise prohibited by this By-law and provided all the applicable
requirements of this By-law are satisfied, a lot, structure, or building may contain
more than one use permitted in the designated Zone. Where any land or building is
used for more than one purpose, use, or Zone, all provisions of this By-law relating
to each use shall be complied with except as otherwise provided for in this By-law.
Where there is conflict between the requirements of such uses (e.g. lot size, lot
frontage, or yards), the more restrictive requirements shall prevail.
1.9.7
Typographical Corrections
Provided that the purpose, effect, intent, meaning and substance of this By-law are
in no way affected, the following technical revisions to this By- law are permitted
without a zoning by-law amendment:
a) Changes to the numbering, cross-referencing, format and arrangement of the
text, tables, schedules and maps;
b) Additions to and revisions of technical information on maps and schedules
including, but not limited to: infrastructure and topographic information,
notes, legends, shading and title blocks;
c) Alterations of punctuation or language; and,
d) Correction of grammatical, dimensional, boundary, mathematical or
typographic errors.
1.9.8
Severability of Provisions
The provisions, sections or subsections of this By-law are hereby declared to be
separate from each other and the invalidity of any provision, Section or Subsection
does not affect the validity of any other provision, Section or Subsection.
1.9.9
References to Other Legislation and Agencies
Where this By-law makes reference to legislation of the Government of Ontario or
the Government of Canada, such reference shall be deemed to include any and all
amendments or successors or changes in the titles, numbering, or regulations
thereunder. Where this By-law makes reference to the jurisdiction or policy of a public
agency and where the name or responsibilities of said public agency are changed,
the said reference shall be deemed to include any and all successors to such public
agency, legislation or policy.
Part 1 - Application, Interpretation, and Enforcement
By-Law #2022-042
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1.9.10
Compliance with Zoning Requirements
The extent and boundaries of all Zones are shown on the Schedule attached hereto.
For all such Zones, both the general provisions and specific Zone provisions shall be
met. The provisions of this By-law shall be held to be the minimum (or maximum,
where applicable) requirements adopted by the Municipality. Nothing shall prevent
any person from erecting a building or structure or from undertaking any
development which is below the maximum (or above the minimum where applicable)
requirements of this By-law. Except as otherwise provided in this By-law, no person
shall hereafter use any land, buildings or structure unless the use is permitted in the
Zone in which it is situated.
1.9.11
Zone Symbols
The short form symbols used on the Schedule attached hereto refer to individual
Zones used in the By-law and may be used when describing or making reference to
any Zone herein.
1.9.12
Lots in More than One Zone
Where a lot is divided into more than one Zone, each such portion of the lot shall be
used in accordance with the provisions of this By-law for the Zone where such portion
of the lot is located. Each such portion of the lot shall be considered as a separate lot
for the purpose of measuring setbacks, yards, and lot coverage. Notwithstanding the
foregoing, where each such Zone contains duplicated principal permitted uses, only
one such principal use shall be permitted on the lot. A permitted accessory use may
be located in a separate Zone contained within the lot.
1.9.13
Calculation of Numerical Requirements
Where the application of this By-law results in less than a whole number, the more
restrictive requirement shall apply.
1.9.14
Measurement Units
This By-law uses the metric system to establish measurements when such
measurements form part of a regulation or a requirement.
1.9.15
Lots Affected by Government Action
Where a lot is reduced in area or frontage by a Government action, such as road
widening, property acquisition, or expropriation and the lot is below the minimum lot
frontage or area for the Zone as a result of such action, or is already undersized and
is made smaller as result of such action, the lot shall be deemed to be in conformity
with the requirements, provided all other applicable requirements of the Zone and
this By-law are satisfied.
1.9.16
Prohibited Uses
With respect to any lands to which this By-law applies, all uses are prohibited unless
specifically permitted in this By-law.
1.9.17
Explanatory Note
All Notes included in this By-law are intended for reference purposes only.
Part 1 - Application, Interpretation, and Enforcement
By-Law #2022-042
Page | 7
1.10 Penalties
Every person who violates any of the provisions of this By-law is guilty of an offense
and upon conviction is liable to a fine prescribed under the Planning Act or other
applicable statue. Where a conviction is entered under the Act. In addition to any
other remedy or any penalty provided by By-law, the applicable court may make an
order prohibiting the continuation or repetition of the offence by the person convicted.
Penalties imposed by conviction under this Section shall be recoverable under the
Provincial Offences Act.
1.11 Remedies
Where any building or structure is erected, altered, reconstructed, extended, or
enlarged, or any building or structure or part thereof is used, or any lot is used, in
contravention of any requirements or other provisions of this By-law, such
contravention may be removed or altered at the insistence of the Township pursuant
to the provisions of the Planning Act, or the Municipal Act. The contravention of any
requirement of this By-law may be restrained by action of any ratepayer of the
Township pursuant to the provisions of the Municipal Act.
1.12 Repeal of Former By-laws
By-law #2006-28 and all amendments thereto passed under Section 34 of the
Planning Act, or its predecessor, are hereby repealed and such repeal shall come into
effect upon the date that this By-law comes in to force, notwithstanding minor
variance decisions approved under By-law #2006-28 after January 1, 2022 where
the appropriate building permit is obtained by December 31, 2022.
Adoption of this By-law shall not prevent any pending or future prosecution of, or
action to abate any existing violation of the said By-laws if the violation is also a
violation of any of the provisions of this By-law.
1.13 Effective Date
This By-law shall take effect from the date of its passage by Council, subject to the
provisions of the Planning Act.
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SECTION 2 - DEFINITIONS
ABANDONED means the failure, in the opinion of the Zoning Administrator, to proceed
expeditiously with construction work during any continuous 12-month period.
ABATTOIR means a building, structure or lot or part thereof used for the slaughter of
livestock or other animals for the purpose of processing or rendering.
ACCESSORY when used to describe a use, building or structure, means a use, or a
detached building or structure that is customarily incidental, subordinate and
exclusively devoted to supporting the principal use, building or structure and
located on the same lot therewith. This does not include an accessory residence
unless otherwise specified.
ACCESSORY REPAIR GARAGE means a repair garage where major repairs of vehicles
may be performed, and is accessory to a licensed aggregate operation.
ADULT ENTERTAINMENT PARLOUR shall mean any premise or part thereof in which,
in pursuance of a business, trade, calling, or occupation, services appealing to or
designed to appeal to erotic or sexual appetites or inclinations are provided. This
definition does not include the exhibition, rental or sale of film or videos approved
for distribution pursuant to the Theatres Act, or the sale of magazines or other
printed material provided such sale does not contravene any law.
Services appealing to or designed to appeal to erotic or sexual appetites or
inclinations shall mean a performance, exhibition or activity of which a principal
feature or characteristic is the nudity or partial nudity of any person.
AGGREGATE means gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite and rock other than metallic ores.
AGRICULTURAL COMMERCIAL ESTABLISHMENT means the use of land, buildings or
structures for the wholesale or retail sales of goods that are necessary to support
agricultural uses and for the processing and sale of products derived from farm
uses. Without limiting the generality of the foregoing, these include such goods
as farm machinery and equipment, products used for the housing and husbandry
of livestock, poultry and fur bearing animals, and materials and equipment for
sub-surface drainage and such services as the selling, processing, storage and
transportation of seed, feed, crops, milk and eggs and livestock, and the selling
of fertilizer and chemical products.
AIR FILTRATION SYSTEMS means a system designed, approved and implemented in
accordance with a license issued by Health Canada as part of its requirements
under the Cannabis Act, for the purposes of controlling emissions, including
odour, for a licensed cannabis cultivation and production facility.
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By-Law #2022-042
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AIRFIELD, PRIVATE means land used for the purpose of the landing, storing, taxiing
or taking-off of private aircraft and uses, buildings and structures accessory
thereto, but not an airport under the regulation of Transport Canada.
AIRPORT means the use of land licensed by Transport Canada for the landing and
take-off of commercial and/or private aircraft and shall include any buildings or
structures accessory thereto.
ALTER means any alteration in a bearing wall or partition or column, beam, girder or
other supporting member of a building or structure or any increase in area or
volume of a building or structure. When used in reference to a lot, the word alter
means to decrease the width, depth or area of any required yard, setback,
landscaped open space or parking area, or to change the location of any boundary
of such lot with respect to a street or lane. The words "altered" and "alteration"
shall have a corresponding meaning.
AMUSEMENT ARCADE means any premises or part thereof containing four or more
electronic, mechanical pinball or amusement machines operated for gain and
made available for the entertainment or amusement of the general public. This
definition shall not include establishments which sell such devices, provided that
such devices are not made available on the premises for use on a commercial
basis by the public.
ANIMAL HOSPITAL means a building or structure where domestic animals, birds or
other livestock are treated and where domestic animals or birds are kept for
treatment only and shall include the clinic of a registered veterinarian.
ANSI (AREA OF NATURAL AND SCIENTIFIC INTEREST) means an area of land or
water containing natural heritage landscapes or features that have been identified
as having life science or earth science values related to protection, scientific study
or education.
ANTIQUE FURNITURE RESTORATION WORKSHOP, CABINET-MAKING SHOP AND
SHOWROOM means an establishment engaged in the refinishing and restoration
of antique furniture and includes a cabinet-making shop, and a showroom for the
storage, and display of the finished product.
ARENA means a building, or part of a building, in which facilities are provided for such
purposes as ice skating, roller skating or curling but does not include any other
establishment otherwise defined or classified in this By-law.
ARTISAN SHOP OR STUDIO means a building or structure or portion thereof, where
an artist or skilled craftsperson creates unique articles and/or offers instruction
in an art or skilled craft and where such unique articles may be offered for sale.
This may include but is not limited to, a painter, a sculptor, a photographer, a
gunsmith, a cabinetmaker, a wood carver, a potter, an ornamental welder or any
similar artist or craftsperson whose workplace is not otherwise defined.
Section 2 - Definitions
By-Law #2022-042
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ASPHALT MANUFACTURING PLANT means an industrial facility used for the
production of asphalt for immediate use in the paving of roads and driveways and
the damp-proofing of buildings or structures.
ASPHALT PLANT, PORTABLE means a facility operated by, or on behalf of, a public
road authority for a particular construction project, with equipment designed to
heat and dry aggregate and to mix aggregate with bituminous asphalt to produce
asphalt paving material and includes the stockpiling and storage of bulk materials
used in the process. Such a facility is not of permanent construction, but is
designed to be dismantled and moved to another location as required.
ASSEMBLY HALL means a building or part of a building in which facilities are provided
for such purposes as meetings of civic, education, political, religious or social
purposes, and shall include a banquet hall.
ATTACHED means a building otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall or walls shared in
common with an adjacent building or buildings.
AUTOMOTIVE-BODY SHOP means a building or structure used for the painting or
repairing of vehicle bodies or fenders, but shall not include a salvage yard.
AUTOMOTIVE-CAR WASH shall mean a building or structure containing facilities for
washing vehicles, either by production line methods and mechanical services or
by a self-service operation.
AUTOMOTIVE-COMMERCIAL GARAGE means a building where all functions of an
automotive service station may be carried out and where major repairs of vehicles
may be performed, including body work and welding but shall not include
dismantling of motor vehicles for scrap or the storage of motor vehicles awaiting
scrapping.
AUTOMOTIVE-GASOLINE BAR means one or more pump islands, each consisting of
one or more gasoline or diesel pumps, and shelter having a floor area of not more
than 10 square metres, excluding washrooms, which shall not be used for the
sale of any product other than liquids and small accessories required for the
operation of motor vehicles and shall not be used for repairs, oil changes or
greasing.
AUTOMOTIVE-SERVICE STATION means a building or place where gasoline, propane,
natural gas, diesel, grease, anti-freeze, tires, tubes, tire accessories, electric light
bulbs, spark plugs and batteries for motor vehicles are stored or kept for sale, or
where motor vehicles may be oiled, greased or washed, or have their ignition
adjusted, tires inflated or batteries changed, or where only minor or running
repairs essential to the actual operation of motor vehicles are executed or
performed.
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By-Law #2022-042
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AUTOMOTIVE-STORE means an establishment primarily engaged in the retail sale of
vehicle parts, accessories and tools. Accessory uses may include service bays for
performing maintenance repair operations on motor vehicles.
AUTOMOTIVE-VEHICLE SALES OR RENTAL ESTABLISHMENT means an establishment
having as its main use the storage of vehicles for sale or the storage of vehicles
for rent or lease. Accessory uses may include facilities for the repair or
maintenance of such vehicles.
BACKYARED HEN OR DUCK COOP shall mean an accessory residential structure
consisting of a coop and run intended to house chickens and or ducks.
BANK means an institution where money is deposited, kept, lent or exchanged.
BASEMENT means that portion of a building between two floor levels which is partly
underground.
BED AND BREAKFAST ESTABLISHMENT means an owner-occupied single-detached
dwelling in which there are up to four rooms for rent as short-term
accommodation for tourists or vacationers, and may include the provision of
meals. The Bed and Breakfast use shall remain subordinate to the primary use
of the building as a single-detached dwelling. This definition does not include any
other establishment defined in this By-law.
BERM means a landscaped mound of earth.
BOARDING, LODGING or ROOMING HOUSE means a dwelling in which in which
lodging is provided for more than four persons in return for remuneration or for
the provision of services or for both, and in which the lodging rooms do not have
both bathrooms and kitchen facilities for the exclusive use of individual
occupants.
BOAT DOCKING OR LAUNCHING FACILITY means a structure for the mooring or
launching of boats or watercraft, attached to or forming part of the mainland or
used in conjunction with a use on the mainland.
BOAT HOUSE means a detached one-storey, accessory building or structure which is
designed or used for the sheltering of a boat or other form of water transportation
and the storage of household equipment incidental to the residential use of the
property and shall not be used for human habitation nor contain food preparation
or sanitary facilities.
BUFFER STRIP means an area to be used only for the purpose of screening land,
buildings or other structures by the planting and maintenance of trees or shrubs
or the construction and maintenance of a berm or fencing.
BUNKIE - See CABIN, SLEEP
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By-Law #2022-042
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BUILDING means any structure used or designed to be used for shelter,
accommodation or enclosure of persons, animals or chattels.
BUILDING ENVELOPE means the buildable area on a lot, defined by the minimum
front yard depth, rear yard depth and side yard width requirements and
maximum height requirements, within which a building can be erected.
BUILDING, MAIN means a building in which is carried on the principal purpose for
which the lot is used.
BUILDING SUPPLY STORE means an establishment engaged in the selling of building
supplies including lumber, mill work, siding, roofing, electrical, heating, air
conditioning, and similar items.
BUSINESS OFFICE means an establishment used by an agency, business or
organization for the transaction of administrative, clerical or management
business, the practice of a profession and/or the provision of government or social
services and other similar services, but which does not include a medical office.
CABIN, SLEEP means a building containing not more than two sleeping rooms, which
building shall not include cooking facilities, sanitary facilities, and is not connected
to any plumbing facilities.
CAMPING ESTABLISHMENT means a tourist establishment consisting of at least five
camping lots and comprising land used or maintained as grounds for the camping
or parking of recreational vehicles and tents.
CANNABIS - LICENSED CULTIVATION AND PRODUCTION FACILITY means any
building or structure, licensed and/or authorized to grow, possess, sell, provide,
ship, deliver, transport, destroy, test, produce export and/or import cannabis for
medical or non-medical purposes, including related research as defined in
applicable Federal Regulations as amended from time to time. For the purpose
of describing a licensed cannabis cultivation and production facility, cultivation
refers to the growing of cannabis, whereas production refers to the processing
and producing of cannabis and cannabis related products.
CARPORT see GARAGE, PRIVATE OR CARPORT.
CEMETERY means a cemetery, columbarium or mausoleum within the meaning of the
Cemetery Act of Ontario.
CHURCH means a building commonly used by any religious organization, as defined
in the Religious Organizations' Lands Act, for public worship, and may include a
rectory or manse, church hall, auditorium, day nursery or religious school
associated with or accessory thereto.
CLINIC means a building or part thereof, used exclusively by physicians, dentists,
their staff, and their patients for the purpose of consultation, diagnosis and office
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By-Law #2022-042
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treatment. Without limiting the generality of the foregoing, a clinic may include
administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies
and dispensaries directly associated with the clinic, but shall not include
accommodation for in-patient care or operating rooms.
COACH HOUSE means a secondary dwelling unit that is in a standalone structure,
separated from the primary dwelling unit.
COMMUNITY CENTRE means any tract of land or buildings or any part of any buildings
used for community activities whether used for commercial purposes or not, and
the control of which is vested in the municipality, a local board or agent thereof.
COMMUNICATION TOWER means an installation which transmits and/or relays
communications such as a microwave relay tower, significant antenna, cellular
telephone or wireless internet tower, radio or television broadcast tower or similar
facility. These towers are subject to Industry Canada approvals and are not
subject to the requirements of this by-law.
COLD STORAGE LOCKER means a building or part of building used for cold storage.
CONCRETE MANUFACTURING PLANT means an industrial facility used for the
production of concrete for immediate use in the construction of buildings,
structures, roads or driveways. This definition also means the manufacturing of
finished concrete products and may include the retail sale of such products.
CONSTRUCT means to do anything in the erection, installation, extension or material
alteration or repair of a building and includes the installation of a building unit
fabricated or moved from elsewhere and "construction" has a corresponding
meaning.
CONTRACTOR'S YARD OR SHOP means an area of land of a contractor of any building
or construction trade where equipment and materials are stored, or where a
contractor performs shop or assembly work but does not include any other yard
or establishment otherwise defined or classified herein.
CONVENIENCE STORE means a retail commercial establishment supplying groceries,
sundries and other daily household necessities to the immediate surrounding
area.
CORPORATION means the Corporation of the Township of Bonnechere Valley.
COTTAGE means a building to accommodate one or more guests for temporary
occupancy,
(a) that contains at least two rooms;
(b) that is at least partially furnished; and
(c) in which the guest may be permitted to prepare and cook food.
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By-Law #2022-042
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COTTAGE ESTABLISHMENT means a tourist establishment comprised of two or more
cottages owned or leased by the same person. Cabin establishment shall have a
corresponding meaning.
CRAFT SHOP means a building of part thereof in which a handicraft is conducted for
gain of profit and may include sales of such handicraft.
CUSTOM WORK SHOP means a building or structure or part thereof where the
manufacturing of small quantities or articles is performed by the tradesman
requiring manual or mechanical skills, but does not include machining, stamping
or forging of materials.
DAIRY means a building or part of building used for a dairy.
DAY CARE (Private Dwelling) means care provided to five children or fewer under 10
years of age, in a private residence other than the home of the parent/guardian
of the child.
DAY NURSERY means a building or part thereof duly licensed by the Province of
Ontario for use as a facility for the day-time care of children.
DECK means a structure which has no roof or walls (except for visual partitions and
railings) and which is constructed on piers or a foundation above grade, with
direct access to the ground.
DECK - SUN means a structure which has walls and a roof, and is enclosed with
screens and/or windows but does not contain insulation, heating, or plumbing
and which is constructed on piers or a foundation above grade, with direct access
to the ground
DRIVE-THROUGH means a building or structure or part thereof where goods and/or
services are offered to the public within a parked or stationery vehicle by way of
a service window or kiosk, where goods, money or materials are exchanged.
Kiosks within a parking garage or associated with a surface parking area are not
considered to be drive- through service facilities.
DRIVEWAY means a vehicle access provided between a street or lane and a parking
area or a loading space, or between two parking areas, but does not include a
parking aisle.
DWELLING means a building or part of a building containing one or more dwelling
units.
DWELLING, APARTMENT means the whole of a building not otherwise defined herein,
which contains more than four (4) dwelling units served by a common entrance
or by an independent entrance directly from the outside in which the occupants
have the right to use in common any corridors, stairs or elevators contained
therein, and the yards appurtenant thereto.
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DWELLING, COACH HOUSE means a secondary dwelling unit that is a separate
dwelling unit detached from a primary dwelling unit and is located in its own
building and on the same lot as the primary dwelling unit.
DWELLING, DUPLEX means a building that is divided horizontally into two separate
dwelling units each of which has an independent entrance either directly from
outside or through a common vestibule.
DWELLING, GARDEN SUITE means a one-unit, detached, residential structure
containing bathroom and kitchen facilities that is ancillary to an existing
residential structure and that is designed to be portable.
DWELLING, SECONDARY UNIT means a second self-contained residential dwelling
unit ancillary and subordinate to a primary dwelling unit, in which food
preparation, eating, living, sleeping and sanitary facilities are provided for the
exclusive use of the occupants thereof, and which may also be located within
structures accessory to a dwelling such as a garage or other detached structure
and includes a coach house as defined in this By-law but does not include a
garden suite or an accessory dwelling unit as defined in the By-law.
DWELLING, SINGLE DETACHED means a single dwelling unit which is freestanding,
separate and detached from other main buildings or main structures and includes
a prefabricated single dwelling unit but does not include a mobile home.
DWELLING, SEMI-DETACHED means a building that is divided vertically into two
separate dwelling units each of which has an independent entrance either directly
from the outside or from a common vestibule.
DWELLING, PRIMARY UNIT means a single detached dwelling, a townhouse dwelling
unit, or a semi-detached dwelling unit but does not include, a garden suite, a
boarding house, a converted dwelling, a coach house, a seasonal dwelling, an
accessory dwelling unit or any other dwelling unit type as defined in this By-law.
DWELLING, TRIPLEX means a building that is divided horizontally into three separate
dwelling units each of which has an independent entrance either directly from
outside or through a common vestibule.
DWELLING, TWO UNIT (THREE UNIT, FOUR UNIT) means a building containing two
dwelling units (or three dwelling units or four dwelling units respectively).
DWELLING, MULTIPLE ATTACHED means a building that is divided vertically into more
than three (3) dwelling units, each of which has a separate and independent
entrance at finished grade and separated from the adjoining unit or units by a
common unpierced wall with no interior access between each dwelling unit.
Townhouse shall have a corresponding meaning.
DWELLING, LIMITED SERVICE means a single detached dwelling that:
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(a) has no frontage on a municipally maintained street, and
(b) the owner is responsible for services, such as snow clearing and road
maintenance, and for ensuring that the road condition is adequate for access
by emergency vehicles including fire, ambulance and police;
(c) has a means of access to the lot that is not part of the municipal street
network.
DWELLING, MODULAR means a prefabricated single detached dwelling designed to
be transported once only to a final location and constructed so as the shortest
side of such dwelling is not less than six metres in width.
DWELLING UNIT means a suite of habitable rooms which:
a) is located in a building;
b) is used or intended to be used in common by one or more persons as a single,
independent and separate housekeeping establishment;
c) contains one food preparation area;
d) sanitary facilities provided for the exclusive common use of the occupants
thereof; and
e) has a private entrance directly from outside the building or from a common
hallway or stairway inside the building.
DWELLING UNIT, ACCESSORY means a dwelling unit accessory to a permitted non-
residential use.
DWELLING UNIT AREA means the aggregate of the floor area of all habitable rooms,
hallways and lobbies within a dwelling unit, excluding the thickness of any
exterior walls.
EATING ESTABLISHMENT means a building or part of a building where food is offered
for sale or sold to the public for consumption either on or off the premises and
includes a restaurant, café, cafeteria, ice cream parlour, tea or lunch room, dairy
bar, coffee shop, snack bar, but does not include a boarding house.
EATING ESTABLISHMENT, TAKE-OUT means a building or structure used for the sale
of food to the general public and from which food is made available to the
customer from within the building. This includes a mobile food vehicle. No
provision is made for consumption of food on the site except for a mobile food
vehicle.
ERECT means build, construct, reconstruct, alter, enlarge or relocate and without
limiting the generality of the foregoing, shall include any preliminary physical
operations such as grading, excavating, berming, piling, cribbing, filling or
drainage, or any altering of any existing building by an addition, deletion,
enlargement, extension or other structural change.
ESTABLISHED BUILDING LINE means the average distance from the street line to
existing buildings on the same side of a street within 150 metres of a lot, where
a minimum of 3 dwellings have been built within this area prior to the date of
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passing of this By-law. Where the established building line is being calculated for
water setback, the average distance is to be measured in accordance with the
foregoing, except that it will be calculated using the distances between the high
water mark and existing buildings.
EXISTING means existing as of the date of final passing of this By-law.
EXTRACTIVE INDUSTRIAL FACILITY means a building, structure or facility used for
processing aggregate and includes the screening, sorting, washing, crushing,
storing and other similar operations related to an extractive industrial operation.
FACTORY OUTLET means a building accessory to a permitted industrial use where the
products manufactured by that industry are kept and offered for wholesale or
retail sale.
FARM means land used for the tillage of soil; the growing and harvesting of field
crops, vegetables, fruits, horticultural crops and trees; the grazing, breeding,
raising, boarding or training of livestock and horses; dairying; beekeeping, fish
farming; any other operation that is normal farming practice; and includes one
farm dwelling as well as barns, sheds and other accessory structures. A farm use
includes a hobby farm.
FARM BUSINESS means any gainful occupation, trade or service that is carried on
within an operating farm as a means of diversification but which is small in scale
and clearly secondary to the main farm use. A farm business may include the
storage of vehicles, equipment or commodities within a building or fully enclosed
structure, a welding shop, a custom workshop, a general service shop, a
blacksmith, a farm produce sales outlet, the processing of farm produce, an
artisan shop or studio, a kennel, a riding stable, the repair of vehicles or farm
equipment, a bed and breakfast establishment, or other use of similar character
to the foregoing.
FARM - ON-FARM DIVERSIFIED USE means a use that is secondary to the principal
agricultural use of the property. On-farm diversified uses include, but are not
limited to home occupations, home industries, agri-tourism uses, and uses that
produce value-added agricultural products. On-farm diversified uses must be
located on a farm property that is actively in agricultural use. For example, the
on-farm diversified uses do not apply to small residential lots.
FARM - AGRICULTURE RELATED USE means a farm-related commercial or farm-
related industrial use that is directly related to farm operations in the area,
support agriculture, benefit from being in close proximity to farm operations, and
provide direct products and/or services to farm operations as a primary activity.
Examples of a farm-related commercial use include: retailing of agriculture
products (e.g. farm supply co-ops, farmers' market, retailers of value-added
products like wine or cider made from produce grown in the area), livestock
assembly yards, and farm equipment repair shops.
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Examples of a farm-related industrial uses may include such industrial operations
that process farm commodities from the area such as: abattoirs, feed mills, grain
dryers, cold/dry storage facilities, fertilizer storage/distribution facility, food and
beverage processors (e.g. wineries and cheese factories) and agricultural
biomass pelletizers.
Residential, recreational and institutional uses are not considered an agriculture-
related use.
FARM LIMITED means land used for growing and harvesting field, bush, vine, forest
or tree crops or grazing and does not include a farm dwelling and accessory
buildings and uses.
FARM PRODUCE SALES OUTLET means a stand set up as an accessory use on a farm,
used for the sale or produce from that same agricultural use.
FINANCIAL INSTITUTION means the premises of a bank, trust company, finance
company, mortgage company or investment company.
FLOOD means a temporary rise in the water level resulting in the inundation of areas
that are adjacent to a water course and not ordinarily covered by water.
FLOOD FRINGE means the outer portion of the flood plain between the floodway and
the upper elevation of the flood plain limit. Depths and velocities of flooding are
generally less severe in the flood fringe than those experienced in the floodway.
FLOOD PLAIN means the area of land within a watershed which is subject to
inundation during a flooding event. This area shall be calculated as being the area
that would be flooded with an expected average frequency of once in a hundred
years. Lands subject to flooding shall have a corresponding meaning.
FLOODPROOFED means the installation of power service metering equipment, major
electrical appliances, etc., such that they are not located below the flood plain
design elevation but this does not prohibit the installation of electrical wall outlets
equipped with ground fault plugs; the design and installation of heating, air
conditioning, ventilation, plumbing, sewer and water systems which consider
flood susceptibility; sanitary sewer and storm drainage systems having openings
below the flood plain elevation which are provided with automatic back flow
preventers; water supply systems which are designed to prevent contamination
by flood waters; fuel-fired furnaces which are provided with float operated
automatic control valves which shut off the fuel supply in the event of flooding;
septic systems which are designed to operate during flood conditions and which
prevent sewer discharges which could result in a health hazard; and no building
openings below the regulatory flood elevation.
FLOODWAY means the channel of a watercourse and the inner portion of the flood
plain adjacent to the watercourse where flood depths and velocities are more
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severe than in the flood fringe. These flood depths and velocities are considered
to have the potential to threaten lives and/or damage property.
FLOOR AREA GROSS means, for a dwelling, the total area of the storeys exclusive of
basements, attic, garages, sunrooms, unenclosed verandas or porches; and for
a building other than a dwelling, the total area of all the floors contained within
the outside walls of the building. Only that floor area having a clear height to the
ceiling of at least two and one-quarter metres (2.25 metres) may be used to
calculate floor area.
FLOOR AREA, GROSS LEASABLE means the total floor area of a building including
basements, mezzanines and upper floors, minus common areas including public
walkways, malls, public toilets, truck and service facilities, joint service facilities,
elevator shafts and lobbies, boiler rooms, maintenance rooms, mechanical or
electrical or utility rooms and any parking for autos within the building.
FLOOR AREA, NET means only the habitable or useable floor space in a building
exclusive of any foyer, hallways, stairwell, closet, washroom or toilet room and
shall be measured from the inside walls.
FOOD CATERING ESTABLISHMENT means any premises where food is prepared for
banquets, weddings, etcetera and where such food is prepared for consumption
off the premises.
FRONTAGE see LOT FRONTAGE.
FORESTRY means the management, development and cultivation of timber resources
to ensure the continuous production of wood or wood products, provision of
proper environmental conditions for wildlife, protection against floods and
erosion, protection and production of water supplies, and preservation of the
recreation resources.
FUEL DEPOT means the use of land, structures or buildings for the purpose of
distributing fuels from a fuel storage tank on the premises.
FUEL STORAGE TANK means a tank for the bulk storage of petroleum gasoline, fuel
oil, gas or inflammable liquid or fluid but does not include a container for
inflammable liquid or fluid legally and properly kept in a retail store or a tank for
storage merely incidental to some other use of the premises where such tank is
located.
FURNITURE OR WOOD PRODUCTS SHOP means an establishment where items are
constructed primarily from wood, including such products as cabinets, furniture,
caskets, trim, or sash and door works.
FUNERAL HOME means any premises where preparation of a human body for
internment or cremation is undertaken.
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GARAGE, PRIVATE OR CARPORT means an enclosed or partially enclosed structure in
which no business, occupation or service is conducted for profit, and which
structure is used primarily for the storage of one or more vehicles and storage of
household equipment incidental to the residential occupancy. Carport shall have
a corresponding meaning.
GARAGE, PUBLIC means a municipal or provincial facility used for the storage and
servicing of road construction and maintenance equipment and materials.
GARDEN CENTRE means an establishment primarily used for the retail sale of
gardening equipment, products and planting materials, including greenhouses for
the cultivation of such materials.
GOLF COURSE means a public or private area operated for the purpose of playing
golf including an accessory club house, driving range, miniature course or
combination thereof.
GRAVEL PIT means any open excavation made for the removal of any unconsolidated
aggregate including earth, clay, sand, and gravel in order to supply material for
construction, industrial or manufacturing purposes, but shall not include an
excavation incidental to the erection of a building or structure for which a building
permit has been granted by the Corporation or an excavation incidental to the
construction of any public works.
GROUP HOME means a single housekeeping unit in a residential dwelling in which up
to nine unrelated residents, excluding staff or the receiving family, temporarily
or permanently reside under responsible supervision consistent with the
requirements of its residents.
HAULED SEWAGE means untreated sanitary waste from a septic tank, privy or
holding tank.
HAULED SEWAGE/SEPTAGE DISPOSAL AREA means an area where hauled sewage or
septage shall be permitted to be spread and where the disposal site has been
approved by the Ministry of the Environment.
HEIGHT means, when used with reference to a building, the vertical distance between
the average elevation of the finished surface of the ground at the front of the
building and,
(a) in the case of a flat roof, the highest point of the roof surface or the parapet,
whichever is the greater;
(b) in the case of a mansard roof, the deck roof line;
(c) in the case of a gable, hip or gambrel roof, the mean height between the
eaves and the ridge; and
(d) in the case of any other type of roof, the highest point of the roof surface.
HOME DISPLAY AND SALES OUTLET means an establishment or premises where
prefabricated dwellings including cottages and mobile homes are erected or
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located for display purposes only and from which orders can be placed for the
purchase and delivery of such dwellings or parts and accessories associated
therewith.
HOME FOR THE AGED means a "home for the aged" as defined under the Homes for
the Aged and Rest Homes Act, as amended from time to time.
HOME INDUSTRY means a gainful occupation including a day nursery, carpentry,
electrical shop, woodworking, window framing, welding, plumbing, machine or
auto repair shop, riding stables and a kennel with a maximum of four outdoor
runs; a service shop; blacksmithing; or a storage building for school buses, boats
or snowmobiles and may be conducted in whole or in part in a dwelling unit or an
accessory building to a single detached dwelling or to a permitted farm use.
HOME OCCUPATION means any occupation for gain or support which is carried on as
an accessory use either within a dwelling or dwelling unit and operated by persons
residing in a dwelling or dwelling unit. Such home occupation uses may include a
service or repair shop; a personal service shop; the office or consulting room of
a doctor, day care (private dwelling), dentist, chiropractor, drug-less practitioner,
lawyer, real estate agent, insurance agent, planner, architect, photographer,
teacher, music or dance instructor or engineer, but does not include a clinic, a
hospital, a nursing home, a tea room, kennel, a taxi stand or a small internal
combustion engine repair shop.
HOSPITAL means a hospital as defined in the Private Hospitals Act, a sanitarium as
defined by the Private Sanitarium Act or a hospital as defined by the Public
Hospital Act.
HOTEL means a tourist establishment that consists of the following: 1) one or more
than one building containing four or more accommodation units grouped under
one roof and accessible from the interior or partially from the exterior, and 2)
may or may not have facilities for serving meals.
HUNTING & FISHING CAMP means a building or structure intended to provide basic
shelter and accommodation on an occasional basis for a person or group of
persons engaged in hunting, fishing or other outdoor recreational activities. Such
structure may be described as being of light frame construction without any
interior finish on its walls and ceiling.
INSTITUTIONAL USE means the use of buildings or structures for a public or non-
profit purpose and without limiting the generality of the foregoing, may include
such uses as schools, places of worship, indoor recreation facilities, community
centre, hospitals and government buildings.
KENNEL means an establishment in which dogs or other domesticated animals are
housed, groomed, boarded, bred or trained for gain or profit.
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LANDSCAPED OPEN SPACE means open space comprised of lawn and/or ornamental
shrubs, flowers and trees and may include space occupied by paths, walks, courts
and patios, but shall not include parking areas, traffic aisles, driveways, ramps
or storage of equipment, vehicles or other materials.
LANE means a public thoroughfare which affords only a secondary means of access
to abutting lots and which is not intended for general traffic circulation.
LAUNDROMAT means a building or structure where coin-operated laundry machines,
using only water, detergents and additives are made available to the public for
the purpose of laundry cleaning.
LIVESTOCK means chickens, turkeys, cattle, hogs, mink, rabbits, sheep, horses,
goats or any domestic animal used or raised for consumption or for commercial
purposes.
LIVESTOCK FACILITY means barns, buildings or structures where livestock are
housed and shall also include beef feedlots and the associated manure storage
facilities.
LODGE HOUSE means a building in which bedrooms, common areas, dining areas,
games areas and meals are available for the guests of an establishment.
LOGGING HAULER means an area of land and/or building of a logging hauler where
equipment and materials belonging to the logging hauler are stored and may
include repairs to logging equipment belonging to the logging hauler. This
definition does not include other logging activities such as a sawmill or the storage
of logs on the ground or in storage buildings.
LOT means a parcel or tract of land:
(a) which is a whole lot as shown on a Registered Plan of Subdivision, but a
Registered Plan of Subdivision for the purposes of this paragraph does not
include a Registered Plan of Subdivision which has been deemed not to be a
Registered Plan of Subdivision under a By-law passed pursuant to Section 50
of The Planning Act.
(b) which is a separate parcel of land the owner of which does not retain the fee
or equity of redemption in, or a power or right to grant, assign, or exercise a
power of appointment with respect to any abutting land, or
(c) the description of which is the same as in a deed which has been given
consent pursuant to the Planning Act.
LOT AREA means the total horizontal area within the lot lines of a lot. In the case of
a corner lot having street lines rounding at the corner with a radius of six (6)
metres, or less, the lot area of such land shall be calculated as if the lot lines
were produced to their point of intersection.
LOT, CORNER means a lot having street frontage adjoining the point of intersection
of two or more streets.
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LOT COVERAGE means the percentage of the lot area covered by buildings, including
accessory buildings.
LOT FRONTAGE means the horizontal distance between the side lot lines measured
along the front lot line. Where the front lot line is not a straight line, or where the
side lot lines are not parallel, the lot frontage shall be measured along a line
seven and one-half (7.5) metres back from and parallel to the street line.
LOT, INTERIOR means a lot situated between adjacent lots and having access to one
street.
LOT LINE means any boundary of a lot or a vertical projection thereof.
LOT LINE, EXTERIOR means a lot line abutting a street or street allowance or private
road that is not a front lot line.
LOT LINE, FRONT means the lot line that divides the lot from the street or street
allowance or private road with the following clarifications:
(a) in the case of a corner lot, the shorter lot line that abuts the street shall be
deemed the front lot line and the longer lot line that abuts the street shall be
deemed the exterior side lot line;
(b) in the case of a corner lot with two street lines of equal lengths, the lot line
that abuts the wider street or abuts a Provincial Highway or abuts a County
Road shall be deemed to be the front lot line, and in the case of both streets
being under the same jurisdiction, or of the same width, the lot line where
the principal access to the lot is approved shall be deemed to be the front lot
line;
(c) in the case of a corner lot abutting a 0.3 metre reserve the lot line so abutting
the 0.3 metre reserve shall be deemed an exterior side lot line and the other
line abutting the street shall be deemed the front lot line;
(d) in the case of a through lot, the longer boundary dividing the lot from the
street shall be deemed to be the front line and the opposite shorter boundary
shall be deemed to be the rear lot line. In case each of such lot lines should
be of equal length the lot line where the principal access to the lot is approved
shall be deemed to be the front lot line; and
(e) in all other cases, the lot line where the principal access to the lot is approved
shall be deemed to be the front lot line.
LOT LINE, REAR means, in the case of a lot having four or more lot lines, the lot line
furthest from and opposite to the front lot line. In the case of a lot with less than
four lot lines, there shall be deemed to be no rear lot lines.
LOT LINE, SIDE means a lot line other than a front or rear lot line.
LOT, THROUGH means a lot bounded on two opposite sides by a street or road
allowance. If any lot qualifies as being both a "Lot, Corner" and a "Lot, Through"
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as hereinbefore defined, such lot shall be deemed a "Lot, Corner" for the purpose
of this By-law.
MAIN BUILDING means a building in which the principal use is conducted on the lot
on which the building is located. In the residential zone the dwelling is the main
building.
MANUFACTURING PLANT means a building or structure in which a product is
fabricated or materials are processed or assembled and from which such product
is shipped to a wholesale or retail outlet.
MANUFACTURING PLANT, LIGHT means a building or structure in which materials or
component parts are manufactured, assembled or processed to produce finished
products suitable for the retail trade but does not include any industry involving
stamping presses, furnaces or other machinery that emits dirt, dust or noxious
fumes into the air or that results in noise or vibration beyond the property in
excess of Ministry of the Environment guidelines.
MARINA means 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, where boat trips may be offered, and where
facilities for the sale of marine fuels and lubricants may be provided.
MEAT PRODUCTS PLANT means a canned meat factory, sausage factory, meat
processing plant and any other factory where meat or poultry are cooked, cured,
smoked or otherwise processed or packed but does not include a stock-yard,
abattoir, tannery or hide processing plant, a poultry-killing establishment, an
animal food factory or an animal by-products plant.
MINI STORAGE ESTABLISHMENT means one or more than one building containing
separate spaces of varying sizes that are offered by lease or rent to persons for
the storage of chattels. Self-service storage building shall have a corresponding
meaning.
MOBILE HOME means any dwelling that is designed to be made mobile and
constructed or manufactured to be used in like manner as a single detached
dwelling for the permanent accommodation of one or more persons,
notwithstanding that the running gear is or may be removed, or that such
dwelling is or may be fixed on a finished and permanent foundation or has become
in any other manner so adapted and affixed to the land upon which it is situated
that it is, or has become, an immobile and permanent structure, and includes any
mobile home as defined in Section 46(1) of the Planning Act amended from time
to time, or any successors thereto.
MOBILE HOME PARK means a lot containing two or more mobile home sites and which
is under single management and ownership, used for the siting of mobile homes
together with commercial-recreational and service uses for Mobile Home Park
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residents, including any building, structure or enclosure forming a part of such a
mobile home park.
MOBILE HOME SITE means an area of land which shall be considered a lot within a
mobile home park occupied by or intended for occupancy by one mobile home
together with all yards and open space required by this By-law.
MOTEL means a tourist establishment that consists of the following:
(a) one or more than one building containing four or more attached
accommodation units accessible from the exterior only, and
(b) may or may not have facilities for serving meals.
MUTUAL DRIVEWAY means an ingress or egress that is common to two or more
owners of abutting lands as a right-of-way registered against the title of the
lands.
NAVIGABLE WATERWAY means a navigable body of water or stream as deemed under
the Navigable Waters Protection Act.
NON-CONFORMING means that which does not conform, comply or agree with the
regulations of this Bylaw as of the date of final passing thereof.
NURSERY See GARDEN CENTRE.
NURSING HOME means a nursing home as defined under the Nursing Home Act, as
amended from time to time.
OFFICE, BUSINESS means an office where one or more persons are employed in the
management, direction or conducting of any agency, business, brokerage, labour
or fraternal organization and shall include a newspaper plant, a radio and
television broadcasting studio or theatre.
OFFICE, PROFESSIONAL means any office where professionally qualified persons,
technical assistants and clerical staff are employed and where clients or patients
seek advice, consultation, or treatment. Notwithstanding the foregoing, said
office shall not be a hospital or any other use defined herein.
OPEN SPACE means a parcel or area of land essentially unimproved or unoccupied
by any building, structure or driveway.
OPEN STORAGE means the storage of goods, merchandise or equipment in the open
air and in unenclosed portions of buildings which are open to air on the side.
OUTDOOR FURNACE means a solid fuel burning appliance located outside of the
building it serves and is used for the space heating of buildings and/or domestic
water heating and does not include the incineration of waste as defined in Section
25 of the Environmental Protection Act, c.E.19., R.S.O. 1990. This definition also
applies to outdoor furnaces located in any accessory building.
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OUTHOUSE means a latrine consisting of an excavation in the ground surmounted by
a structure.
PARK means a recreational area that consists largely of open space and which may
include a picnic area, swimming pool or area, playground, play field or similar
use, but shall not include a mobile home park or recreational vehicle park.
PARK, PRIVATE means a park other than a public park.
PARK, PUBLIC means a park owned or controlled by the Corporation or by any
Ministry, Board, Commission or Authority established under any statute of
Ontario or Canada.
PARKING AREA means an area provided for the parking of motor vehicles and
encompassing at least the required number of parking spaces and all driveways,
aisles, manoeuvring areas, entrances, exits and similar areas for access to
parking spaces, but shall not include any part of a street or private road.
PARKING SPACE means an area exclusive of driveways or aisles, for the temporary
parking or storage of motor vehicles.
PERMITTED means permitted by this By-law.
PERSON means an individual, an association, a chartered organization, a firm, a
partnership or a corporation.
PLACE OF ENTERTAINMENT means an athletic, recreational or social club operated
for gain or profit as well as a motion picture or other theatre, auditorium, billiard
or pool room, bowling alley, ice or roller skating rink, curling rink, or dance hall,
but does not include any place of entertainment or recreation or other use
otherwise defined or classified in this By-law.
PLACE OF WORSHIP means a building or structure designed and constructed or
erected for the sole purpose of public or private worship of a Supreme Deity or
deities.
PORTABLE GARAGE means a supporting metal or wood framework with a fabric cover
made of canvas, nylon, clear plastic or similar material for the storage of one or
more vehicles and storage of household equipment incidental to the residential
occupancy.
PRINTING SHOP means a building or part of a building used for printing.
PRIVATE ROAD means a registered right-of-way not dedicated and accepted as, or
otherwise deemed at law to be a public highway, that serves as a privately
maintained motor vehicle access-route to one or more abutting, legally
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conveyable parcels of land. New private roads shall have a minimum width of 10
metres (33 feet).
PRIVATE CLUB means a building or part of a building used as a meeting and social
place exclusively for members of a chartered organization and their guests, and
shall include a fraternal lodge (eg. Free Masons), a fraternity or sorority house,
hostel, and a labour union hall.
PROPANE TANK shall mean a structure consisting of a tank/cylinder used for the
storage of propane gas.
PROVINCIALLY SIGNIFICANT WETLAND means an area identified as Provincially
Significant by the Ministry of Natural Resources using evaluation procedures
established by the Province or evaluated by others and approved by the Ministry
of Natural Resources.
PUBLIC AUTHORITY means the Council and any School Board, Public Utility
Commission, Transportation Commission, Public Library Board, Board of Parks
Management, Board of Health, County of Renfrew, Planning Committee or other
board or commission or committee of the Township of Bonnechere
Valley established or exercising any power or authority under any general or
special statutes of Ontario with respect to any of the affairs or purposes of the
Municipality or a portion thereof, and includes any committee or local authority
established by By-law of the Municipality.
PUBLIC BUILDING means any building or structure owned or leased by a municipal
corporation, the County of Renfrew, Province of Ontario or the Government of
Canada and in which government activities are carried out.
PUBLIC UTILITY means a waterworks, a water supply system, sewage works,
electrical power or energy generating, transmission or distribution system, street
lighting system, natural or artificial gas works or supply system or a telephone
system, and includes any lands, buildings or equipment required for the
administration or operation of any such system.
QUARRY means any open excavation made for the removal of any consolidated rock
or mineral including limestone, sandstone or shale, in order to supply material
for construction, industrial or manufacturing purposes, but shall not include an
excavation incidental to the erection of a building or structure for which a building
permit has been granted by the Corporation or an excavation incidental to the
construction of any public works.
RECREATION, ACTIVE means the use of land, water and/or building for the purpose
of organized active leisure activities and shall include an arena, a golf course, a
sports field, and motorized vehicle trails.
RECREATION, PASSIVE means the use of land and/or water for the purpose of passive
leisure activity and shall include a park, a garden, a picnic area and the like,
Section 2 - Definitions
By-Law #2022-042
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equestrian and hiking trails, as well as a playground with activity equipment for
children. Passive recreation may include private trails for motorized vehicles
(ATV/dirt bike) provided they are not a course/track that results in noise
concerns.
RECREATIONAL VEHICLE means any vehicle constructed to be attached and propelled
by a motor vehicle and that is capable of being used by persons for living, sleeping
or eating, even if the vehicle is jacked-up or its running gear is removed. It
includes any vehicle designed, intended and used as accommodation exclusively
for travel, recreation and vacation and which is either capable of being drawn by
a passenger vehicle or is self-propelled and shall include travel trailers, park
model trailers, tent trailers, vans, motor homes, Tiny Homes, and similar
transportable accommodation excepting a mobile home.
RECREATIONAL VEHICLE CAMPGROUND means a parcel of land under single
ownership which is designed, developed and maintained or intended to provide
accommodation on a temporary or seasonal basis, for recreational vehicles
and/or tents plus accompanying towing or carrying vehicles. It may also include
accessory uses such as an administration office, clubhouse, snack bar, laundry,
convenience and souvenir shop, swimming pool, washrooms, showers, managers
dwelling and recreational facilities. Recreational Vehicle Park and Trailer Park
shall have a corresponding meeting.
RECREATIONAL VEHICLE SITE means a plot of ground within a recreational vehicle
campground or a camping establishment intended for exclusive occupancy by the
renter(s), and on which accommodations and vehicles can be placed.
RELIGIOUS EDUCATION FACILITY means an establishment used by religious groups
for study, relaxation, meditation and similar activities, including dining and
lodging facilities, accommodation for staff and compatible accessory uses.
REQUIRED means required by this By-law. REQUIREMENT shall have a corresponding
meaning.
RESORT means a tourist establishment catering to the vacationing public, designed
as a destination-oriented operation and/or being within an area recognized as a
destination for vacations, and providing meals and sleeping accommodations that
may consist of lodge houses, guest rooms or cottages, but shall not include any
other use defined herein.
RESTAURANT see EATING ESTABLISHMENT.
RETAIL STORE means a building or part of a building in which goods, wares,
merchandise, substance, articles or things are offered or kept for sale at retail,
but does not include any establishment otherwise defined herein or specifically
named elsewhere in this By-law.
ROAD, PUBLIC see STREET.
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ROAD ALLOWANCE see STREET ALLOWANCE.
ROOM, HABITABLE means a room which is designed for:
a. living;
b. sleeping;
c. eating;
d. or for sanitary purposes; and
ROOM, NON-HABITABLE means any room located within a dwelling unit that is not a
habitable room, including, but not so as to limit the generality of the foregoing,
a laundry room, a pantry, a lobby, a stairway, a closet, a verandah, a recreation
room, a porch, a balcony, a private garage, an unfinished attic, a boiler room and
any space used for the service and maintenance of such dwelling or for vertical
travel between storeys.
ROOMING HOUSE means a principal dwelling within the whole of a residential use
building that contains at least four rooming units, and which may also contain
dwelling units and an administration office accessory to the operation of the
house.
ROOMING HOUSE, CONVERTED means the whole of a residential use building or the
whole or part of any other building that was converted to a rooming house.
ROOMING UNIT means a room, or a suite of rooms, that constitutes a separate,
independent residential occupancy, but which is not self-contained and which
requires access to other parts of the principal dwelling or building intended to
serve the residents, including shower or bathtub facilities, kitchens, eating areas
or bathrooms.
SALVAGE YARD means a lot and/or premises for the storage and/or handling and/or
sale of scrap or used materials, which, without limiting the generality of the
foregoing, shall include waste paper, rags, wood, bottles, bicycles, vehicles, tires,
metal and/or other scrap material and salvage includes a junk yard, scrap metal
yard and a wrecking yard, including ancillary automotive sales and service
establishment and premises.
SAWMILL means a building, structure or area where timber is cut or stored, either to
finished lumber or as an intermediary step.
SCHOOL means a school under the jurisdiction of a Public or Separate School Board,
a college or a university or any other school established and maintained either
wholly or partially at public or private expense whether or not the same is also a
boarding school, and includes any dormitory building accessory to a school.
SECURITY FENCE means fencing that is required by Health Canada as part of its
license requirements under the Cannabis Act.
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SENIOR CITIZEN'S HOME means any home for senior citizens sponsored and
administered by any public agency or any service club, church or other profit or
non-profit organization, either of which obtains its financing from Federal,
Provincial or Municipal Governments or agencies, or by public subscription
donation or residents payments, or by any combination thereof, and such homes
shall include auxiliary uses such as club, kitchen, dining and/or lounge facilities,
usually associated with Senior Citizens development.
SEPARATION DISTANCE means the horizontal distance between buildings or
structures or physical features measured from the closest point of the exterior
wall of such building or structure, or from the closest point of such physical
feature.
SERVICE SHOP, GENERAL means a building or part of a building used for the servicing
or repairing of articles, goods or materials, and in which no product is
manufactured and includes radio, television and appliance repair shops, a
laundromat, but does not include any automotive uses as defined by this By-law.
SERVICE SHOP, PERSONAL means a building or part thereof in which services are
provided and administered to the individual and personal needs of persons, and
without limiting the generality of the foregoing, includes barber shops,
hairdressing establishments and workrooms for shoe repair and shoe shining
shops, tailor shops, bakery shops and photographic studios.
SEWAGE DISPOSAL SYSTEM, PRIVATE means a sanitary disposal system including a
septic tank and tile bed disposal system approved by the Township's Sewage
System Authority.
SEWAGE SLUDGE means the aqueous suspension of residual solids generated from
the treatment of municipal or industrial wastewater.
SHIPPING CONTAINER means a container with strength suitable to withstand
shipment, storage, and handling. Shipping containers include large reusable
steel boxes used for intermodal shipments. This definition also includes sea
cans.
SHOPPING CENTRE means a group of commercial and service establishments related
in size and type, primarily to the specific commodity needs of the community and
designed, developed and managed as a unit whether by a single owner, a group
of owners or tenants acting in collaboration and shall include as a primary
establishment a department store. Generally, but not prerequisite, the public
access to individual functions within a Shopping Centre will be from an enclosed
common mall area.
SHOPPING PLAZA means a group of commercial and service establishments or uses,
related in size and type, primarily to the day to day needs of a residential area
and designed, developed and managed as a unit, whether by a single owner, a
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group of owners or tenants in collaboration. Access to individual functions
generally may be from an open mall area.
SHORELINE ACTIVITY AREA means the area along the shoreline on privately owned
land in which shoreline structures are permitted. The shoreline activity area shall
be that area between the high water mark and the required water setback. The
shoreline activity area does not include the shorelines of "at capacity" or "near
capacity" lakes.
SHORELINE STORAGE SHED means a storage shed located within the shoreline
activity area used to store yard maintenance equipment, paddles, life jackets,
water skis/wakeboards, boat coverings, and similar aquatic accessories, but shall
not include a boathouse or be used for human habitation. The floor area of a
shoreline storage shed shall not exceed 10 square metres.
SHORELINE STUCTURE means those detached accessory structures that are located
in the shoreline activity area and includes pump houses, gazebos, decks,
shoreline storage shed, sauna, and similar buildings and structures, but does not
include parking areas, private waste disposal systems, structures that require a
pressurized water system (Pool, Steam Bath, hot tub), and power lines. A dock
or boat launching facilities are not considered shoreline structures.
SNOW DISPOSAL FACILITY means a facility to which snow is transported for storage
from other off-site locations.
STABLE, COMMERCIAL means a building or part of a building in which horses or
ponies are boarded or kept for commercial purposes, including riding and show.
STABLE, PRIVATE means a building or part of a building in which horses or ponies
are kept for private use and not for remuneration, hire or sale.
STREET means a public highway or public road under the jurisdiction of either the
Corporation, the County of Renfrew or the Province of Ontario, and includes any
highway as defined in the Municipal Act, as amended, but does not include a lane,
a driveway or a private road.
STREET ALLOWANCE (ROAD ALLOWANCE) means land held under public ownership
for the purpose of providing a street.
STREET, IMPROVED means a public road which has been constructed in such a
manner so as to permit its use by normal vehicular traffic on a year-round basis,
and is maintained by the Municipality, including snow ploughing, on a year-round
basis.
STREET, MINIMUM MAINTENANCE means a public road that is under the jurisdiction
of the Township and that is maintained to a standard acceptable for normal
summer use only. STREET, SEASONAL shall have a corresponding meaning.
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STREET LINE means the limit of the road or street allowance and is the dividing line
between a lot and a street.
STRUCTURE means anything constructed or erected, the use of which requires
location on or in the ground or attached to something having location on or in the
ground. A retaining wall that requires a permit under the Ontario Building Code
is considered to be a structure. Landscaping features including patios and
retaining walls that do not require a building permit are not considered structures.
SWIMMING POOL, OUTDOOR shall mean a privately owned structure, erected or
installed above ground or wholly or partly below ground, capable of being used
for swimming, wading, diving, or bathing, and which, when filled, is capable of
containing a depth of 0.46 metres or more of water. An outdoor swimming pool
shall not contribute to the calculation of lot coverage.
TAILINGS AND SLAG PILES means waste material or residue resulting from the
reduction of metals from their ores.
TAVERN OR PUBLIC HOUSE means a tavern or public house as defined in the Liquor
Licence Act, but does not include a hotel or eating establishment.
TAXI STAND means the permanent location of the taxi business and the source of
dispatch.
TINY HOME means an alternative form of housing that is self-sufficient in terms of
servicing, is transportable, and includes a minimum gross floor area of 19
square metres but less than 37.2 square metres. A tiny home may be on
wheels or be jacked-up or its running gear is removed.
TOP OF SLOPE means a line delineated at a point where the oblique of the slope
meets the horizontal plane.
TOURIST ESTABLISHMENT means a commercial building, structure or area of land
designed for the accommodation of travelling or vacationing public.
TOWNSHIP means the Corporation of the Township of Bonnechere Valley.
TRAILER means any vehicle so constructed as to be suitable for attachment to a
motor vehicle for the purpose of being drawn or propelled by the motor vehicle,
except a mobile home or farm implement.
TRAILER, PARK MODEL, means a trailer constructed to CSA Z-241 standard that is
built on a single chassis mounted on wheels, designed for relocation from time to
time, designed as living quarters for seasonal camping with the possibility for
connection to services, and has a gross floor area, including lofts, not greater
than 50 square metres when in setup mode and having a width greater than 2.6
metres in transit mode. A park model trailer is deemed to be a building or
Section 2 - Definitions
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structure for the purposes of this By-law, as authorized by Section 34(4) of the
Planning Act.
TRAILER (STORAGE) means any vehicle so constructed as to be suitable for
attachment to a motor vehicle for the purpose of being drawn or propelled by the
motor vehicle, except a mobile home or farm implement.
TRAILER, TENT OR TRAVEL - See definition of Recreational Vehicle
TRAILER PARK see RECREATIONAL VEHICLE CAMPGROUND.
TRAINING CENTRE means a place where an employer provides job-related training
or instruction to its employees that is designed to improve job performance or
enhance the career advancement opportunities of those employees.
TRANSFER STATION means a waste disposal site used for the purpose of transferring
waste from one vehicle to another for transportation to another waste disposal
site.
TRUCK TERMINAL means a building, structure or place where trucks or transports
are rented, leased, kept for hire, or stand or park for remuneration, or from which
trucks or transports, stored or parked on the property, are dispatched for hire as
common carriers or where goods are stored temporarily for further shipment.
USE means the purpose for which a lot or a building or structure, or any portion
thereof, is designed, arranged, intended, occupied or maintained. USED shall
have a corresponding meaning.
VEHICLE means a passenger automobile or other motor vehicle, a boat, a farm
implement, a commercial motor vehicle, a recreational vehicle, a snowmobile, a
trailer and any other device that is capable of being propelled or driven by any
kind of power but not any other device powered solely by human effort except a
boat.
WAREHOUSE means a building or part of a building used primarily for the operation
of general merchandise warehousing, cold storage and other storage facilities and
also includes a centre for the distribution of wholesale goods and commodities for
resale to retailers; to industrial, commercial, institutional, or professional users;
to wholesalers.
WASTE DISPOSAL SITE means any land approved by the Ministry of the Environment
upon, into, or in which waste may be deposited or processed.
WATERCOURSE means the natural channel for a stream of water.
WATER - HIGH WATER MARK means the mark made by the action of water under
natural conditions on the shore or bank of water, which action has been so
common and usual and so long continued that it has created a difference between
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By-Law #2022-042
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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. The high water mark
includes the riparian area associated with a water feature and includes features
such as beaches, wetlands, swamps, and bogs. These features may be above
the normal water's edge but are considered to be within the normal high water
mark to which the water setback is applicable.
WATER - NORMAL WATER'S EDGE means the edge where a water body has standing
water and is used by surveyors to determine property boundaries
WATER FRONTAGE means the straight line horizontal distance between the two most
widely separated points on any one shoreline of a waterfront lot.
WATER SETBACK means the straight line horizontal distance from the high water
mark of a watercourse, bay or lake to the nearest part of any excavation, building,
structure or open storage use on the lot.
WATER SYSTEM, COMMUNAL means a private water distribution supply system in
which water is piped to more than one dwelling or business operation.
WAYSIDE PIT, QUARRY means a temporary gravel pit or quarry opened and used by
a public road authority solely for the purpose of a particular project or contract
of road construction and not located on the road right-of-way.
WETLANDS means 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 plants that commonly grow in water or in water logged soil,
or water tolerant plants. The four major categories of wetland are swamps,
marshes, bogs and fens.
WELDING SHOP means a building or structure or part thereof where metal products
are joined, repaired or shaped by welding but no mass productions shall be
involved.
WILDERNESS CENTRE means an establishment that is devoted to providing
educational programs and passive recreational experiences relating to the natural
environment. The provision of accommodation, in the form of wilderness
camping and/or lodge houses, is integral to the experience rather that being the
sole purpose of the establishment. A WILDERNESS CENTRE must have a remote
setting, a high proportion of open space and/or natural areas, and an overall
undeveloped appearance. A WILDERNESS CENTRE may be operated for gain or
profit.
WRECKING ESTABLISHMENT means a building and/or lot used for the wrecking or
dismantling of vehicles as defined herein, and for the storage and sale of scrap
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material, salvage and parts obtained therefrom, but shall not include any other
automotive use defined herein.
YARD means an open space on the same lot with a building or structure or excavation,
unoccupied and unobstructed except as for such accessory buildings, structures
or uses specifically permitted in this By-law.
YARD, FRONT means a yard extending across the full width of a lot between the front
lot line and the nearest part of any main building, structure or excavation on the
lot. FRONT YARD DEPTH means the shortest horizontal distance between the front
lot line of the lot and the nearest part of any main building, structure or
excavation on the lot.
YARD, REAR means a yard extending across the full width of a lot between the rear
lot line and the nearest part of any main building, structure or excavation on the
lot; REAR YARD DEPTH means the shortest horizontal distance between the rear
lot line of the lot and the nearest part of any main building, structure or
excavation on the lot.
YARD, SIDE means a yard extending from the front yard to the rear yard of a lot and
from the side lot line of such lot to the nearest part of any main building, structure
or excavation on the lot. SIDE YARD WIDTH means the shortest horizontal
distance between a side lot line and the nearest part of any main building,
structure or excavation on the lot.
YARD, EXTERIOR SIDE means a yard adjacent to a street between the nearest part
of any main building, structure or excavation on the lot and a street, a 1-foot
reserve or a road allowance, extending from the front yard to the rear lot line.
EXTERIOR SIDE YARD WIDTH means the shortest horizontal distance between a
side lot line on the flank side yard side and the nearest part of any main building,
structure or excavation on the lot.
YARD, INTERIOR SIDE means a side yard other than an exterior side yard.
YARD, REQUIRED means a yard with the minimum front yard depth, rear yard depth
or side yard width required by the provisions of this By-law. A required side yard
shall extend from the required front yard to the required rear yard.
ZONE means an area delineated on a Zoning Map Schedule and established by this
By-law for a specific use or group of uses.
ZONING ADMINISTRATOR means the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this By-law.
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Page | 36
ILLUSTRATION OF YARDS, REQUIRED YARDS
AND RELATED TERMINOLOGY
Note: The above illustration is for clarification purposes only.
(SIDE LOT LINE)
REQUIRED SIDE YARD WIDTH
REQUIRED FRONT YARD DEPTH
(FRONT LOT LINE)
REQUIRED SIDE YARD WIDTH
(REAR LOT LINE)
REQUIRED REAR YARD DEPTH
LOT DEPTH
(EXTERIOR SIDE LOT LINE)
STREET
STREET
(REAR LOT LINE)
REAR YARD DEPTH
REQUIRED REAR YARD DEPTH
(SIDE LOT LINE)
(SIDE LOT LINE)
SIDE YARD WIDTH
SIDE YARD WIDTH
FRONT YARD DEPTH
B UILD IN G
B UILD IN G EN VELOP E
(plan view)
B UILD IN G EN VELOP E
(plan view)
REQUIRED FRONT YARD DEPTH
REQUIRED INTERIOR SIDE YARD WIDTH
REQUIRED EXTERIOR SIDE YARD WIDTH
(FRONT LOT LINE)
LOT FRONTAGE
Page | 37
SECTION 3 - GENERAL PROVISIONS
3.1 Application
The requirements contained in the General Provisions shall apply to all zones, except
as otherwise indicated.
3.2 Accessory Uses, Buildings and Structures
Accessory uses, buildings and structures shall be permitted in any Zone provided
that:
3.2.1 No accessory use, building or structure shall be built on a lot until the principal
or main use has been built or is under construction.
3.2.2 No accessory building or structure shall contain a habitable room except where
specifically permitted elsewhere in this by-law (i.e. an accessory dwelling unit).
A garden suite or secondary dwelling unit permitted under Section 3.9.2 of this
By-law are not considered to be an accessory use or structure and are required
to meet the zoning provisions for the primary use.
3.2.3 Provisions for Accessory Uses, Buildings or Structures
R1, R2, RR
RU, A
All Other Zones
(1)
Minimum
Required
setback from a front lot line
Same as required for principal building
(2) Minimum required setback
from an Exterior Side Lot Line
or a Rear Lot Line abutting a
street
Same as minimum exterior side yard setback
(3) Minimum required setback
from an Interior Side Lot Line
or Rear Lot line (not abutting
a street)
0.6 m
1.2 m
(Does not apply
to agricultural
buildings or
structures)
1.2 m
(a) For a marine facility
(dock or launching) where
it abuts a watercourse
0 m
(b) For shared garages or
carports
erected
on
a
common side lot line
0 m
(c)
For
children's
play
structure,
aboveground
swimming pools, hot/tubs
located
within
a
building/structure
1.2 m or a distance equal to the height of the
structure (whichever is greater)
(4)
Minimum
Required
distance
from
any
other
1.2 m
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Page | 38
R1, R2, RR
RU, A
All Other Zones
building located on the same
lot (except a hot tub)
(5)
Maximum
permitted
height
(see
also
3.11
-
Exceptions to Height)
4.5 m
9 m
(Does not apply
to agricultural
buildings or
structures)
6 m
(6) Maximum permitted size
(*not
including
outdoor
swimming pool or hot tub)
Aggregate of
all accessory
buildings
shall
not
exceed
a
cumulative
floor area of
55 m2 or a lot
coverage
of
35%
(whichever is
less)
Aggregate of all
accessory
buildings not to
exceed
a
lot
coverage of 5%
or 400 m2
(Does not apply
to agricultural
buildings or
structures)
No maximum
(7)
Maximum
Number
of
Accessory Buildings permitted
on a lot (*does not apply to an
out house, outdoor swimming
pool or hot tub)
2
4
(Does not apply
to agricultural
buildings or
structures)
3
3.2.4 The provisions under section 3.2.3 shall not apply to a partially enclosed shelter
for use by children waiting for a school bus in any Rural (RU) or Agriculture
(A) Zone nor to any farm produce sales outlet, provided the structures have
less than 9.3 m2 gross floor area.
3.2.5 Accessory buildings and structures shall not be considered accessory if
attached to the main building.
3.2.6 Accessory buildings and structures shall not be constructed on lands subject
to slope failure or to flooding.
3.2.7 Notwithstanding Section 3.2.2 to the contrary, for waterfront lots on lakes and
rivers and have an area equal or greater than 4000 m2 (1 acre), one sleep
cabin that does not exceed 18 m2 (194 square feet) and 4.5 metres in height
(14.7 feet) shall be permitted. Sleep cabins shall not be permitted on
waterbodies identified as "at capacity". The sleep cabin shall not be made
available for rent or lease.
3.2.8 Notwithstanding Section 3.2.2, an outhouse is a permitted accessory building.
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Page | 39
3.2.9 Tarpaulin garages shall be prohibited in all zones, except the Agriculture (A)
and Rural (RU) zones and the tarpaulin garage will be maintained in an orderly
fashion.
3.2.10 a)
A shipping container/storage trailer may be used as an accessory
building in the Rural (RU), Agriculture (A), a Commercial Zone, or an
Industrial Zone provided that:
i) A shipping container/storage trailer shall not be located within 20
metres of a front lot line;
ii) Where a shipping container/storage trailer cannot be located 20
metres from a front lot line, the shipping container/storage trailer
must be located in a rear yard and be a minimum of 3.0 metres to
any side or rear lot line;
iii) Shipping containers/storage trailers shall be visually screened from
any street or from any adjacent lot where such adjacent lot is in a
zone other than an Industrial Zone; and
iv) Visual screening may include vegetative material, a berm, fencing,
or other opaque barrier, and shall be a minimum height of 2.0 metres;
b) A shipping container/storage trailer shall not be used for the display of
advertising;
c) A building permit is required for a shipping container/storage trailer; and
d) Notwithstanding the above, a shipping container/storage trailer may be
used as a Temporary Construction Use in accordance with the provisions
of this By-law.
3.3 Automotive - Service stations, Gasoline bars, and
Commercial garages
Where service stations, gasoline bars and commercial garages are permitted in this
By-law, the following provisions shall apply in addition to Zone provisions:
3.3.1 No portion of any pump island shall be located closer than 7 metres from the
street line of any street.
3.3.2 The minimum distance from the intersection of two street lines or from straight
line projections of such, to the nearest ingress or egress ramp shall be not less
than 10.0 metres (ie. entrance or exit point).
3.3.3 The maximum width of a ramp at the street line shall be not more than 10.0
metres and the minimum width not less than 7.5 metres.
3.3.4 The minimum distance between ramps shall be not less than 9.0 metres.
3.3.5 The minimum interior angle of a ramp to a street line shall be 45.0 degrees
and the maximum interior angle of a ramp to the street line shall be 90.0
degrees.
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Page | 40
3.3.6 The minimum distance between any side lot line of the property at the street
line and the nearest ramp shall be 3.0 metres.
3.3.7 The area included between ramps, or between ramps and a street line or a
property line, as required by this By-law, shall be used for landscaped open
space only, to a minimum width of 1.0 metre.
3.3.8 Facilities relating to the handling and transfer of propane and natural gas,
including tanks and associated compressors, pumps and other similar facilities
must not be located in any required front, side corner side or rear yard, nor
closer than 30 metres to any lot line abutting a residential zone.
3.3.9 Despite subsection 3.3.8, the minimum of 30 metres may be reduced to a
minimum of 15 metres where it can be demonstrated that appropriate noise
abatement measures have been undertaken to ensure that noise levels at the
boundary of the residential zone do not create a nuisance for uses in that
abutting residential zone.
3.4 Backyard Chickens / Urban Agriculture
3.4.1 The keeping of backyard chickens and ducks shall be permitted as an accessory
use to a dwelling unit in accordance with the provisions of By-law 2016-24.
3.4.2 Notwithstanding Section 3.26 of this By-law to the contrary, Minimum Distance
Separation (MDS1) shall not apply to the keeping of backyard chickens and
related structures.
3.4.3 This section does not limit the number of chickens where a farm is a permitted
use.
3.4.4 Bee keeping (apiary): In the R1, R2, and RR zone, up to four (4) hives are
permitted. Properties in the RU or A zone that are less than 2 Ha shall be
limited to a maximum of ten (10) hives. There are no restrictions on the
number of bee hives for properties that are greater than 2 Ha.
3.5 Barrier Free Access Ramps and Lifts
Nothing in this By-law prevents the establishment of barrier-free entrances in
accordance with the requirements of the Ontario Building Code. In addition, nothing
prevents the location of barrier-free entrances in a private garage that is attached to
a dwelling unit provided the required number of parking spaces can still be provided.
3.6 Buildings to be Moved
No building or structure shall be moved within the limits of the Municipality or shall
be moved from outside the Municipality into the Municipality unless the building or
structure is a permitted use and satisfies all of the requirements of the Zone in which
it is to be located.
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Page | 41
3.7 Corner Sight Triangles
No obstruction to the vision of motor vehicle operators higher than 0.75 metres above
grade, including but not limited to, buildings, structures or vegetation, is permitted
within the triangle formed by that part of the lot lines measured along each street
from the intersection of those lines at the street corner, or the projection of those
lines, for the distance of 6 metres, and a line drawn between those two lines to form
the base of a triangle. For the purposes of this subsection, an agricultural crop, chain
link fence or other similar feature that can be seen through is not considered an
obstruction.
3.8 Crown Lands
Regardless of anything else in this By-law, including the Schedules, Crown Lands are
not subject to the provisions of this By-law.
3.9 Dwellings Per Lot
3.9.1 No more than one (1) building used as a dwelling, containing one or more
dwelling units shall be erected on any lot.
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(a)
Notwithstanding the above, apartment dwellings are permitted to have
more than one building provided all other provisions of this by-law are
met.
(b)
Notwithstanding the above, a second building being a coach house or
containing a secondary dwelling unit is permitted in accordance with the
Secondary Dwelling Unit provisions below.
3.9.2 Secondary Dwelling Units
A Secondary Dwelling Unit shall be permitted in all zones that permit a single
detached dwelling, semi-detached dwelling or a townhouse dwelling unless
specifically prohibited elsewhere in this By-law, and shall be subject to the
following criteria:
3.9.2.1
A Secondary Dwelling Unit shall only be permitted where adequate
servicing is or can be made available to accommodate the secondary
dwelling unit, including, but not limited to water, waste water,
stormwater and electricity.
3.9.2.2
A minimum lot area of 0.8 Ha shall be required for secondary dwelling
units on lots with private services (well and/or septic). For properties
that have a lot area of 2 Ha and less, the secondary dwelling unit is
required to share the same water and/or septic services as the primary
dwelling. (See County of Renfrew Official Plan policy 2.2(24)(3) - For
lots on private services that are greater than 0.4 Ha but less than 0.8
Ha, a secondary dwelling may be considered through the submission
and approval of a minor variance. The proponent of the application is
required to submit a study addressing matters outlined in the Official
Plan policy.)
3.9.2.3
The gross floor area of the secondary dwelling unit must be less than
the gross floor area of the primary dwelling unit and where a
Secondary Unit is a Coach House the footprint must not be greater in
size than the footprint of the Primary Unit on the lot.
3.9.2.4
That a Secondary Dwelling Unit which is a Coach House or is located
in an accessory building to the Primary Dwelling Unit shall be subject
to the following provisions:
a) The minimum side yard width and rear yard depth applicable to
the Primary Dwelling Unit shall also apply to the Coach House.
b) The Coach House shall not be located within a minimum front yard
setback in a Rural (RU) or Agriculture (A) zone or within a front
yard in all other zones.
c) For Townhouse and Semi-detached dwellings, a Coach House shall
only be permitted where the Primary Dwelling Unit is a freehold
unit located on a separate lot from the other townhouse dwelling
units or semi-detached dwelling unit in the same building.
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d) The maximum height shall be the permitted height of an
accessory building (Section 3.2.3).
3.9.2.5
A Secondary Dwelling Unit, not including a Coach House, shall be
permitted in all types of townhouse dwelling units or semi-detached
dwelling units whether or not the Primary Dwelling Unit is a freehold
unit located on a separate lot from the other townhouse dwelling units
or semi-detached dwelling unit, or is located on the same lot, provided
that lot is serviced by both municipal sewer and water services.
3.9.2.6
A minimum of one (1) parking space, which may be a tandem parking
space, is required for a Secondary Dwelling Unit. Where a Secondary
Dwelling Unit is located within a detached garage, the parking space
provided by the detached garage must be retained either within the
detached garage or elsewhere on the lot in conformity with the
applicable provisions of the zoning by-law.
3.9.2.7
A maximum of one Secondary Dwelling Unit is permitted per Primary
Dwelling Unit.
3.9.2.8
A Secondary Dwelling Unit shall not be permitted on lands within a
floodway or on lands in an Environmental Protection (EP) zone or
within 30 metres of the high water mark of a waterbody.
3.9.2.9
A Secondary Dwelling Unit shall be permitted in a Primary Dwelling
Unit that has inadequate yard size provided the addition of the
Secondary Dwelling Unit does not increase the degree of non-
compliance.
3.9.2.10 A Secondary Dwelling Unit shall not be permitted on a lot where the
Primary Dwelling Unit is a legal non-conforming use.
3.9.2.11 A Secondary Dwelling Unit shall not be permitted on an existing
undersized lot where the area is less than required by the provisions
of the respective zone.
3.9.2.12 Secondary Dwelling Units on waterfront lots:
a)
Secondary dwellings shall not be permitted on lots within 300
metres of a lake identified as "at capacity";
b)
For lots with water frontage on a waterbody that is not identified
as "at capacity", secondary dwellings shall not be permitted. (See
County of Renfrew Official Plan policy 2.2(24)(7) - A secondary
dwelling may be considered through the submission and approval
of a minor variance application. The proponent of the application
is required to submit a study addressing matters outlined in the
Official Plan policy.)
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3.10 Encroachments on Required Yards
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 permitted
elsewhere in this By-law provided, however, that those structures and items listed in
the following table shall be permitted to project into the minimum required yards
indicated, for the distances specified:
Structure
Yards in Which
Encroachment is
Permitted
Maximum Projection
Permitted into
Minimum Required
Yard Setback
(a) Sills, Belt Courses, eaves, gutters,
chimneys,
bay
windows,
solar
collectors, heat pumps, ventilators,
shutters, cornices, parapets, pilasters
or other ornamental structures
All
0.6 metres
(b) Fire escapes, exterior staircases
Side and rear only
1.5 metres
(c)
Balconies,
steps,
unenclosed
porches, screened porches, sundecks,
decks, attached solarium
Front and Rear only
2 metres
(d) Railway Spur
All
Unlimited
(e) Gate House in any Industrial Zone
Front and Side Only
Unlimited
(f) Fences, Hedges, Shrubs, flagpoles,
Light Standards, Clothes Poles
All
Unlimited
The permitted encroachments do not apply to other setbacks required by this by-law.
Examples include (but are not limited to) water setback, natural features such as
PSW's or ANSI's, industrial uses, or aggregate.
3.11 Exceptions to Height Limitations
The height limitations of this By-law shall not apply to:
a) Place of worship spires;
b) Place of worship belfries;
c) Chimneys;
d) Clock towers;
e) Transmission and telecommunication towers;
f) Water storage tanks;
g) Monuments;
h) Flag poles;
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i)
Agricultural buildings and structures, including silos and grain elevators;
j) Storage tanks and silos associated with an industrial use in an Employment Zone;
k) Any ornamental roof construction features including but not limited to domes,
chimneys, towers and steeples;
l)
Any mechanical features, such as structures containing a mechanical penthouse
or the equipment necessary to control an elevator;
m) Aggregate processing facilities; and,
n) Buildings and structures associated with a public works yard operated by a public
authority.
3.12 Floodplain Provisions
In the absence of flood plain mapping from the Ministry of Natural Resources for the
Bonnechere River in the Township of Bonnechere Valley, a one zone approach will be
applied, wherein no development, with the exception of boat docking or launching
facilities or works required for flood or erosion control measures, shall be permitted
in the flood plain.
An elevation survey prepared by an Ontario Land Surveyor may be required in
conjunction with a building permit, consent application or application for site plan
approval, in order to verify the limit of the 1:100 year flood elevation flood plain.
3.13 Gravel Pits, Quarries, Wayside Pits and Quarries, and
Portable Asphalt Plants and Portable Concrete Plants
A gravel pit or quarry, with the exception of a wayside pit or quarry, shall be
prohibited in all Zones, except in an Extractive Industrial (EM) Zone. Wayside pits
or quarries and portable asphalt plants shall be permitted in all Zones except in a
Residential Zone or an Environmental Protection Zone.
Portable asphalt plants and concrete plants must comply with the Ministry of the
Environment separation distances and must obtain an Environmental Compliance
Approval from the Ministry of the Environment.
3.14 Home Industry
Where a home industry is a permitted use, such home industry shall conform to the
following provisions:
3.14.1 No more than two persons, other than a person(s) residing on the premises,
shall be employed in the home industry.
3.14.2 Such home industry shall not be a hazardous or obnoxious trade, and shall
not create or become a public nuisance.
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3.14.3 Such home industry is clearly secondary to the main use and does not change
the residential character of any dwelling, or the agricultural character of any
farm unit.
3.14.4 The parking requirements of this By-law shall apply to any home industry use.
3.14.5 No goods, wares or merchandise shall be offered or exposed for sale or rent
on the premises unless such goods, wares and merchandise are either:
(a) incidental to the home industry; or
(b) arts and crafts produced on the premises; or
(c) farm produce resulting from the main use.
3.14.6 Not more than 10.0 percent of the gross floor area of the dwelling unit shall
be dedicated to the home industry.
3.14.7 Outdoor storage associated with a home industry shall not be permitted.
3.15 Home Occupations
A home occupation shall be permitted in any Zone that permits a dwelling provided
such home occupation conforms to the following provisions:
3.15.1 The use shall be conducted entirely within the dwelling unit and carried on by
person(s) residing in the dwelling unit. One employee, other than a resident
of the premises, will be permitted to be employed.
3.15.2 There shall be no external display or advertising other than a non-illuminated
sign not more than 0.3 of a square metre in area, to indicate to persons
outside that any part of the dwelling unit or lot is being used for a purpose
other than residential.
3.15.3 Not more than 25% of the dwelling unit area shall be used for the purpose of
home occupation uses.
3.15.4 Such home occupation shall be clearly secondary to the main residential use
and there shall be no change to the outside appearance of the dwelling unit
or premises or any visible evidence of the conduct of a home occupation.
3.15.5 There shall be no storage of equipment, vehicles, or supplies associated with
the home occupation outside the dwelling.
3.15.6 The use shall not require additional off-street parking spaces for clients or
customers of the home occupation.
3.15.7 The use shall not generate additional pedestrian or vehicular traffic beyond
that normal to the neighbourhood in which it is located.
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3.15.8 No equipment or process shall be used in a home occupation which creates
excessive noise, vibration, glare, fumes, or odour detrimental to the health,
safety, and general welfare of persons residing in the neighbourhood.
3.15.9 Where instruction is carried on, no more than six pupils are in attendance at
any one time.
3.15.10
Where a dwelling is located on a private road, a home occupation shall
only be permitted provided that no public vehicular traffic is generated.
3.15.11
Shall not include the following uses:
Adult entertainment uses;
Any use requiring ventilation, other than ventilation typically found in
any residence;
Any use involving the treatment, care and/or grooming of any animal,
including a kennel or a day-kennel;
Any use involving the storage, repair, maintenance, painting and/or
towing of motor vehicles or recreational vehicles;
Industrial uses;
Places of amusement;
Restaurants;
Retail stores; and,
Taxi and limousine service depot/dispatch establishments.
3.16 Lots to Front on Streets
3.16.1 No person shall erect or use any building or structure on a lot in any zone
unless the lot fronts on and has direct access to an improved street being a
Provincial Highway, County Road, or Township Road.
3.16.2 Exceptions:
a)
Limited Service Residential
Notwithstanding the provisions of 3.16.1 of this subsection, a limited
service dwelling may be erected or used on a lot in a Limited Service
Residential (LSR) Zone provided such lot fronts along a private road
which the subject lot and use are legally entitled to use for access.
b)
Hunting and Fishing Camp
A hunting and fishing camp shall not be required to meet the provisions
of paragraph 3.16.1
c)
Resource Land Uses
Notwithstanding the provisions of paragraph 3.16.1 of this subsection,
a building or structure accessory to a permitted forestry, farm or mineral
exploration use may be erected or used on a lot that has frontage on a
seasonally maintained street; this provision shall not be construed so as
to permit any type of dwelling.
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d)
Plan of Subdivision or Plan of Condominium
Subsection 3.16.1 shall not apply to a lot on a registered plan of
subdivision or a plan of condominium where an agreement between the
owner and the corporation which includes provisions for the construction
of the streets is registered in the Registry or Land Titles Office.
3.17 Mobile Homes and Recreational Vehicles
3.17.1 Mobile homes are prohibited in all Zones, other than the Agriculture (A), Rural
(RU) or Mobile Home Park (MHP) Zones. In the Agriculture (A) or Rural (RU)
Zones one mobile home may be permitted as a second accessory dwelling to
accommodate farm help. A mobile home shall not be permitted as the
primary residence on a separately conveyable agricultural parcel.
3.17.2 In the Rural (RU) zone the following provisions apply to mobile homes:
(a) A mobile home shall only be permitted on an individual lot with a
minimum lot area of 2.0 hectares;
(b) Only one (1) mobile home per individual lot shall be permitted;
(c) A minimum setback from any street of 30 metres shall be required;
3.17.3 Notwithstanding section 3.17.1, a mobile home may be used as a temporary
office, temporary residence, tool storage shed or similar use on a construction
site. The approval is subject to the terms and conditions for the removal of
the temporary mobile home as set out in a building permit or agreement with
the municipality.
3.18 Non-Conforming Uses
Nothing in this By-law shall apply:
3.18.1 To prevent the use of any land, building or structure for any purpose
prohibited by this By-law if such land, building or structure was lawfully used
for such purpose on the day of the passing of this By-law, so long as it
continues to be used for that purpose; or
3.18.2 To prevent the erection for a purpose prohibited by this By-law of any building
or structure for which a permit has been issued under Section 8 of the Building
Code Act, prior to the day of the passing of this By-law, so long as the building
or structure when erected and provided that the permit has not been revoked
under Section 8(10) of the Building Code Act; or
3.18.3 To prevent the repair or replacement in whole or in part, or the strengthening
to a safe condition of any building or structure or part of any such 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; or
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3.18.4 To prevent the restoration of any building or structure which does not comply
with the provisions of this By-law, where such building or structure is damaged
by fire or an act of nature, provided that:
Such restoration does not increase the height, size or volume or change
the use of such building or structure; and
All efforts are made with such reconstruction to improve the non-
conforming nature of the building or structure.
3.18.5 Change of Use
A non-conforming use of a lot, building or structure shall not be changed
except to a use which is permissible within such zone, or such other
compatible uses as may be approved under Section 45 of the Planning Act.
3.18.6 A non-conforming use shall be considered to be terminated once the use
ceases and the property is used for a permitted use
3.18.7 Accessory Buildings
Nothing in this By-law shall prevent the erection of a building or structure
accessory to an existing legal non-conforming use provided that such
accessory building or structure complies with all other relevant provisions of
this By-law including the setbacks and lot coverage of the respective zone.
3.19 Non-Complying Uses
3.19.1 Rebuilding, Repairs and Renovations
Nothing in this By-law shall prevent the rebuilding, repair or renovation of a
non-complying use, building or structure which has been damaged or
destroyed by fire or natural disaster provided that such rebuilding, repair or
renovation does not further contravene this By-law. Efforts should be made
to have the rebuilding of buildings or structures comply with all applicable
setbacks and yard provisions of the applicable zone.
3.19.2 Additions and Accessory Uses Permitted
Nothing in this By-law shall prevent an accessory use, an extension, or an
addition being made to a building or structure which is used for a purposes
specifically permitted within the zone in which such building or structure is
located and which building or structure legally existed at the date of passing
of this By-law but which building or structure does not comply with one or
more of the Zone Provisions of this By-law, provided such accessory use,
extension or addition does not contravene any of the provisions of this By-
law.
3.20 Non-Complying Lots
A lot in existence prior to the effective date of this By-law that does not meet the lot
area and/or lot frontage requirements of the applicable Zone, is permitted to be used
and buildings and structures thereon be erected, enlarged, repaired or renovated
provided the use conforms with the By- law and the buildings or structures comply
with all of the other provisions of this By-law.
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3.21 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 under the Health Protection
and Promotion Act and Regulations thereunder, and the Environmental Protection Act
and Regulations thereunder. Noxious uses do not include normal farm operations
using commercial fertilizers and manure, the spraying of crops with herbicides,
insecticides, and pesticides, or the use of heavy machinery for farm purposes.
3.22 Occupancy of Incomplete Buildings
No dwelling shall be occupied before the kitchen, heating and sanitary conveniences
have been installed and rendered usable, and before the exterior has been weather
proofed.
3.23 Occupancy of Vehicles
No truck, bus, coach, vehicle, tiny home constructed on wheels, recreational vehicle
or trailer shall be used as a permanent residence for human habitation within the
municipality whether or not the same is mounted on wheels unless the occupancy
complies with Section 3.17 of this by-law.
3.24 Open Storage
Except as otherwise specifically provided in this By-law, no open storage shall be
permitted in any Zone except in accordance with the following provisions:
3.24.1 In a residential, rural, or agriculture zone, a maximum of one recreational
vehicle/trailer and one boat may be stored on a property with a primary
dwelling unit provided that:
a) No parking space required by this by-law is used;
b) The recreational vehicle/trailer is not occupied/habituated;
c) It is not located within a front yard or exterior side yard;
d) It is setback 1.2 metres from any interior side yard or rear yard.
e) Notwithstanding subsection 3.24.1(c) the parking or outside storage of a
recreational vehicle or boat may be permitted for a period of not more
than 72 hours in any one calendar month in a front yard or exterior side
yard.
f) Notwithstanding subsection 3.24.1, in the rural or agricultural zone on
properties greater than 1 ha, a maximum of 2
recreational
vehicles/trailers and up to 3 boats may be stored.
3.24.2 Open storage shall be accessory to a permitted or existing non-residential use
on the same lot and a building for the primary use has been constructed
provided that:
a) No open storage shall be permitted in any required minimum front yard
or required exterior side yard, except in the case of an agricultural use,
nor within any required minimum side or rear yard where the side or rear
lot lines abut a property used for residential purposes.
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b) No open storage area shall be visible from any street, or from any adjacent
lot where such adjacent lot is in a Zone other than a Commercial or an
Industrial Zone. Wherever it is necessary, visual screening such as plant
materials, a buffer strip, a berm, fencing or other opaque barrier to a
minimum height of 1.5 metres shall be used. Exceptions to this provision
are for open storage accessory to an agricultural use or for outdoor display
used in conjunction with a permitted commercial use.
c) A strip of landscaped open space with a minimum width of 3 metres shall
be maintained around all open storage areas.
d) Any open storage area shall be maintained as landscaped open space, or
surfaced and maintained with stable materials to prevent the raising of
dust and particles, and shall be properly drained. However, this provision
shall not apply where the main use is an agricultural use.
e) No parking spaces or loading spaces required by this By-law shall be used
for open storage purposes.
3.25 Public Uses of Land
The provisions of this By-law shall not apply to the use of any land or to the erection
or use of any building or structure for the purpose of public service by the Municipality
or by any local board thereof defined by the Municipal Act (S.O. 2001), the County
of Renfrew, any telephone, gas, or telegraph company, any department or agent of
the Government of Ontario or Canada, including Ontario Power Generation and Hydro
One Networks Inc., provided that:
(a) With the exception of a public utility, the lot coverage, parking and loading,
setback and yard requirements prescribed for the Zone in which such land,
building or structure is located shall be complied with; and
(b) No goods, material, or equipment shall be stored in the open in a Residential
Zone; and
(c) Any building erected in a Residential Zone or in a Zone which permits
residential uses under the authority of this paragraph shall be designed and
maintained in general harmony with residential buildings of the type permitted
in the Zone.
3.26 Separation Distances
3.26.1 Dwellings and Sensitive Uses (includes dwellings, senior citizen home, nursing
home, schools, and hospitals):
a)
No sensitive use shall be erected within the minimum distance from a
livestock facility required by the Minimum Distance Separation I (MDS I).
b)
No sensitive use shall be erected within 60 metres of any Industrial Zone or
Industrial-Holding Zone.
c)
No sensitive use shall be erected within 300 metres of any Mineral Pit (MP)
or Mineral Pit Reserve (MP-R) Zone.
d)
No sensitive use shall be erected within 500 metres of any Mineral Quarry
(MQ) or Mineral Quarry Reserve (MQ-R) Zone.
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e)
No sensitive use shall be erected within 200 metres of a hauled sewage
disposal site, unless it is the owner's dwelling in which case the required
separation distance shall be 60 metres.
f)
No sensitive use shall be erected within 100 metres of any animal hospital or
kennel unless it is the owner's dwelling. This separation distance shall not
apply within the R1 or R2 zones.
g)
No sensitive use shall be erected within 500 metres of a waste disposal site.
h)
Licensed Cannabis Production Facility - See Section 3.35
i)
Notwithstanding Section 3.26.1 c) and d), for a lot that includes a dwelling as
a permitted use, and where the lot is entirely located within the separation
distance of an aggregate resource, the separation distance indicated in
section c) and d) of this subsection shall not apply. The construction of a new
dwelling is permitted and the enlargement, repair, or replacement of an
existing dwelling is permitted. The dwelling is to be located as remotely from
the aggregate zone as the lot will allow to the satisfaction of the chief building
official.
3.26.2 Gravel Pits, Quarries and Associated Extractive and Manufacturing Plants and
Facilities
a)
No land identified as a buffer strip in a licence or permit under the Aggregate
Resources Act shall be used for any other purpose.
b)
No concrete or asphalt manufacturing plant or extractive industrial facility
shall be located within 50 metres of any high water mark.
c)
No concrete or asphalt manufacturing plant shall be located within 300 metres
of a dwelling, a school, an institution with a residential component or land
restricted to residential use in a by-law passed under Section 34 of the
Planning Act. Notwithstanding the foregoing, where an operator possesses a
valid Certificate of Approval for a particular asphalt plant, the required
separation distance shall be as established by that Certificate.
d)
No gravel pit shall be located within 300 metres of an existing dwelling or
building lot for a dwelling.
e)
No quarry shall be located within 500 metres of an existing dwelling or building
lot for a dwelling.
3.26.3 Farm Uses
No livestock facilities, manure storage area or farm use shall be located within:
a) The minimum distance from residential uses required by the Minimum Distance
Separation II (MDS II) formulae;
b) 30 metres from any lot line.
3.26.4 Animal Hospital, Kennel
No animal hospital and no kennel shall be located within 100 metres of any
Residential Zone or any dwelling on another lot.
3.26.5 Hauled Sewage Disposal Site
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No disposal of hauled sewage shall be permitted unless the disposal site has been
approved by the Ministry of the Environment and no disposal site shall be located
within:
a) 200 metres of any dwelling on another lot;
b) 750 metres of any subdivision or land zoned for residential development;
c) 150 metres of any uncased well;
d) 75 metres of any well with a casing depth of 6.0 metres or less;
e) 180 metres of any surface water;
f)
60 metres of the right-of-way of any road;
g) 60 metres of any land used for livestock pasturing;
3.26.6 Waste Disposal Site
No waste disposal site shall be located within 500 metres of a residential dwelling or
structure.
3.26.7 Licensed Cannabis Production Facility - See Section 3.35
3.27 Setbacks
No person shall erect any building or structure in any Zone unless such building or
structure conforms to the following setback requirements:
3.27.1 Provincial Highway
Any development which is to occur adjacent to a Provincial highway shall be carried
out in accordance with the setback requirements, access and building permit controls
of the Ministry of Transportation. Any proposed access to the highway will be subject
to the prior approval of the Ministry of Transportation.
As per the Public Transportation and Highway Improvement Act, the Ministry of
Transportation controls any developments within 45 metres of any limits of Kings
Highway and 180 metres of the centre point of an intersection and any access to the
highway will be subject to MTO approval.
As per the Public Transportation and Highway Improvement Act, the MTO controls
any developments within 45 metres of any limits of Kings Highway and 180 metres
of the centre point of an intersection and any access to the highway will be subject
to MTO approval.
3.27.2 County Road
Any development which is to occur adjacent to a County Road shall be carried out in
accordance with the setback requirements, access and building permit controls of the
County of Renfrew Public Works and Engineering Department. Any proposed access
to the road will be subject to the prior approval of the County of Renfrew.
3.27.3 Other Road
The setback requirement shall be 10 metres from the road centreline plus the
minimum front yard depth required for such use in the Zone where it is located. Any
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proposed access to the road will be subject to the prior approval of the Township of
Bonnechere Valley.
3.27.4 Water Setback
a) A minimum water setback of 30 metres from the high water mark shall be
provided.
A minimum water setback of 15 metres shall be applied to the high water mark
of a creek or watercourse that is considered to be non-navigable.
b) Accessory boat docking or boat launching facilities shall not be required to
meet the water setback identified in Section 3.27.4.a) or the required
minimum rear yard setback of the zone provisions.
c) For an existing lot of record which has less than 64 metres of lot depth, the
minimum water setback shall be 20 metres. For the purposes of this
subsection, lot depth is the average distance between the front and rear lot
lines.
d) For an existing lot of record situated between two existing dwellings separated
by not more than 100 metres, the minimum water setback may be reduced to
the building line established by the two existing dwellings (measured to the
wall of the primary building not including decks/or sundecks), provided that it
shall not be less than 20 metres from the high water mark.
e) An existing, non-conforming dwelling may be moved or reconstructed to
improve the existing water setback(s) of the dwelling, even if the improved
setback(s) does not meet any other minimum required water setback
described in the subsection, provided the dwelling to be moved or
reconstructed is not increased in height, size or volume and the appropriate
approvals for private sewage disposal services are obtained, and all other
provisions of the By-law are complied with.
f) Shoreline Activity Area
Explanatory Note: (This does not form part of this By-law) The purpose of the
shoreline activity area is to allow for the placement of specific structures near
the shoreline while maintaining the natural viewscape and protecting the
environmental integrity of the shoreline. The removal of natural vegetation
should be limited to what is required to accommodate the shoreline structure.
Replacement/establishment of natural vegetation within 30 metres of the
highwater mark is recommended
Notwithstanding Section 3.27.4, a shoreline structure shall be permitted within
the Shoreline Activity Area in accordance with the following provisions:
i)
No shoreline structure shall be constructed on a lot identified as
having water frontage on a waterbody considered "at capacity";
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ii)
No shoreline structure shall be used for commercial purposes or
home based occupation;
iii)
No shoreline structure shall be used for habitation or contain a
habitable room;
iv)
The construction of shoreline structures shall not destroy fish
habitat nor permanently alter the shoreline below the high water
mark;
v)
Addition and or / removal of fill, site alteration and construction
of shoreline structures shall require permits and approvals of the
appropriate governmental authorities having jurisdiction before
any work proceeds;
vi)
A Shoreline Storage Shed shall not exceed 10 square metres in
area;
vii)
No more than one Shoreline Storage Shed shall be permitted per
lot;
viii)
The total area of all Shoreline Structures shall not exceed 35
square metres;
ix)
A site sketch must be submitted prior to the construction of any
shoreline structure regardless of size that illustrates:
a. Dimensions of the subject property;
b. Existing shoreline;
c. High water mark;
d. Boundary of any lands owned or restricted by Renfrew Power
Generation;
e. Location and dimensions of all existing and proposed shoreline
structures;
f. Natural shoreline vegetation on site;
x)
Setbacks and Height
a. Side yard setback
3 metres (minimum)
b. Water Body Setback
1.2 metres (minimum)
from the greater of:
i. High water mark
ii. OPG flood limit
iii. Property line abutting high water mark
c. Water Body Setback for a dock and stairs/walkway leading to
a dock shall be 0 metres.
d. Height
4 metres (maximum)
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By-Law #2022-042
Page | 56
Section 3 - General Provisions
By-Law #2022-042
Page | 57
3.27.5 Provincially Significant Wetland
120 metres from the boundary of a provincially significant wetland as shown
on Schedule "A".
3.27.6 Areas of Natural and Scientific Interest (ANSI)
i) 120 metres from the boundary of a Life Science ANSI as shown on Schedule
"A"
ii) 50 metres from the boundary of an Earth Science ANSI as shown on
Schedule "A".
3.28 Standards - Cumulative
3.28.1 Unless permitted elsewhere in this By-law, where a lot contains more than
one use, the lot area requirements shall be the sum of the requirements for
the separate uses thereof but the lot frontage requirements shall be no less
than the greater of the lot frontage requirements for each individual use in
the Zone where such lot is located.
3.28.2 When a building, structure or lot accommodates more than one use, loading
space requirement and parking space requirement for each building, structure
or lot shall be the sum of the requirements for the separate uses thereof unless
exempted elsewhere in this By-law.
3.29 Storage of Liquid Manure, Hauled Sewage or Sewage
Sludge
No facility for the storage of liquid manure, hauled sewage or sewage sludge shall be
erected, used or altered except in accordance with the following provisions:
3.29.1 The storage facility shall be constructed of materials that are durable and
stable and that do not afford passage of the contents;
3.29.2 The storage facility shall have,
a) walls that extend 2.0 metres or more above the surrounding grade level,
or
b) walls that extend 0.3 metres above the surrounding grade level and have
a solid cover, or a minimum 0.7 metre extension of the walls, that
completely seals the facility from human entry; or
c) be an in-ground facility that is situated below and totally enclosed by a
livestock barn;
3.29.3 Notwithstanding subsection 3.29.(2), preceding, a lagoon may be used for the
storage of liquid manure, hauled sewage or sewage sludge provided that,
a) it is approved under all appropriate provincial legislation and regulations;
and
b) it is designed, constructed and maintained in accordance with all governing
By-laws of the Municipality.
Section 3 - General Provisions
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Page | 58
3.30 Temporary Construction, Sales Offices and Model
Homes
3.30.1 Nothing in this By-law shall prevent uses incidental to construction, such as a
construction camp or other such temporary work camp, tool shed, scaffold or
other building or structure (including trailers or recreational vehicles)
incidental to the construction, only for so long as the same are necessary for
work in progress that has neither been finished nor abandoned. Any
temporary construction uses (including trailers and recreational vehicles) shall
be removed from the lot within 30 days of occupancy of the primary building.
3.30.2 Nothing in this By-law shall prevent the use of land for a temporary sales
office or a model home.
The temporary sales office or a model home must be located on lands that are
subject to a draft approved plan of subdivision, plan of condominium or an
approved site plan control agreement under the Planning Act. Up to two
model homes may be erected on a lands that are subject to a draft approved
plan of subdivision.
3.31 Through Lots
Where a lot which is not a corner lot has frontage on more than one street or road
allowance, the requirements for front yards contained in the by-law shall apply to
each yard abutting the street or road allowance.
3.32 TransCanada Pipeline
Notwithstanding any other provisions of this By-law to the contrary, no permanent
building or structure shall be permitted within 7 metres of the pipeline right-of-way
and no accessory structure shall be permitted within 3 metres of the pipeline right-
of-way.
3.33 Sewage Disposal Approval
Where the issuance of a permit for a building or structure or change of use of an
existing building or structure may affect any sewage system either on the subject
lands or adjacent lands or any water supply, no building permit shall be issued for
such building or structure unless the building permit application is accompanied by
an approved permit for the proposed method of sewage disposal in accordance with
the Building Code for systems with a design capacity of less than 10,000 litres of
effluent per day, or from the Ministry of the Environment for systems with a design
capacity of greater than 10,000 litres of effluent per day.
3.34 Uses of Lots Without Buildings
Unless expressly permitted by this by-law, no permitted use in any zone is permitted
unless a main building is erected on the same lot.
Section 3 - General Provisions
By-Law #2022-042
Page | 59
3.35 Licensed Cannabis Production Facility
3.35.1 Separation Distances
The following reciprocal separation distances shall be applied between a
licensed cannabis production facility to any residential, commercial,
institutional or open space use/zones.
3.35.2 Outdoor storage is prohibited
3.35.3 Where permitted as an agricultural use (in the rural and agriculture zones)
the following provisions apply to a licensed cannabis cultivation and
production facility:
3.35.3.1 Minimum Lot Frontage 100 m
3.35.3.2 Minimum Lot Area
8 Ha
3.35.3.3 Minimum Yard requirements for buildings and structures
1. Front Yard
30 m
2. Exterior Side Yard
30 m
3. Interior Side Yard
30 m
4. Rear Yard
30 m
3.35.3.4 Maximum Building Height 11 m
3.35.3.5 In an Agriculture Zone, the maximum gross floor area of a
licensed cannabis cultivation and production facility shall be 500
square metres.
3.35.3.6 In an Agriculture Zone, the maximum amount of land to be
utilized for buildings (including greenhouses), structures, parking
areas shall be 1 ha.
3.35.3.7 A security fence associated with a licensed cannabis cultivation
and production facility shall be setback a minimum of 10 metres
from all lot lines.
Reciprocal Setback (minimum)
A cannabis production and cultivation
facility with a total gross floor area less
than 7,000 square metres and with an
air treatment control system
150 m
A cannabis production and cultivation
facility with a total gross floor area
greater than 7,000 square metres and
less than 10,000 square metres and with
an air treatment control system
200 m
A cannabis production and cultivation
facility with a total gross floor area
greater than 10,000 square metres and
with an air treatment control system
250 m
A cannabis production and cultivation
facility of any size where an air
treatment control system is not provided
300 m
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By-Law #2022-042
Page | 60
3.35.3.8 All loading spaces must be located in a wholly enclosed building.
3.35.3.9 Existing structures may not be converted or retrofitted for a
licensed cannabis cultivation and production facility.
3.36 Outdoor Furnaces
3.36.1 Outdoor furnaces are permitted in the Rural (RU) and Agriculture (A) zone.
3.36.2 Outdoor furnaces shall be located a minimum of 30 metres from a lot line.
Where an outdoor furnace is located less than 100 metres from a lot line, the
smokestack of the outdoor furnace shall be higher than the highest building
it serves.
Page | 61
SECTION 4 - PARKING, QUEUEING, AND LOADING
REQUIREMENTS
4.1 General Parking Provisions
4.1.1 Parking queuing and loading spaces and all driveways and aisles leading to
those spaces must be provided for each land use in accordance with the
provisions of Section 4 of this By-law, and
(a) must be set aside for and used exclusively for that purpose;
(b) must not be obstructed; and
(c) must be located on the same lot as the use or building for which they are
provided, except where otherwise permitted.
4.1.2 Despite subsection 4.1.1, a seasonal garden centre or a temporary special
event accessory to retail store, retail food store or shopping centre may be
located such that it temporarily prevents the use of a portion of the required
or provided parking spaces, aisles or driveways, provided that:
(a) the majority of the parking spaces continue to be available in compliance
with this By-law;
(b) the garden centre or temporary special event does not obstruct access to
a fire route.
No additional parking is required for these special activities or for an outdoor
commercial patio. For the purpose of this Section, a temporary special event
includes a seasonal or short-term fair, carnival, show, exhibit or other similar
events.
4.1.3 All motor vehicle parking spaces and queuing and loading spaces must have
unobstructed access directly to a public street by:
(a) a driveway or private lane;
(b) an aisle leading to a driveway; or
(c) a public lane.
4.1.4 All motor vehicle parking spaces, queuing and loading spaces, and aisles and
driveways leading to those spaces must have a surface which is:
(a) hard, stable and dust preventative in urban areas or villages;
(b) usable in all seasons in the Rural area;
(c) drainage shall be provided so as to prevent the flow of surface water onto
adjoining lots.
4.2 Number of Parking Spaces
4.2.1 In any zone, the owner of every building hereafter erected, enlarged or
changed in use after the passing of this By-law shall provide and maintain off-
street parking space in accordance with the following:
Section 4 - Parking, Queueing, and Loading Requirements
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Page | 62
Land Use
Minimum Number of Parking Spaces Required
Urban/Village Area
All other areas
Residential and related uses
Apartment - 3 storeys or
less
1.2 per dwelling unit;
+0.2 spaces per dwelling
unit for visitors
1.2 per dwelling unit;
+0.2 spaces per dwelling
unit for visitors
Apartment - greater than 3
storeys
1 per dwelling unit; +0.2
spaces per dwelling unit
for visitors
1.2 per dwelling unit;
+0.2 spaces per dwelling
unit for visitors
Bed and Breakfast
1 per dwelling unit plus
0.5 for each guest room
1 per dwelling unit plus 1
per guest room
Converted dwelling,
Dwelling Units, in the same
building with other uses
0.5 per dwelling unit
1 per dwelling unit
Detached,
semi-detached
and duplex dwelling
2 per dwelling unit
Triplex, multiple attached
dwelling
1.5 per dwelling unit
Garden Suite
None
Group Home
1 per 100 m2 of gross floor area, minimum of 1
Home-based Business
None
1
Residential Care Facility
0.25 per dwelling unit or rooming units plus 1 per 100
m2 of gross floor area used for medical, health or
personal services
Retirement Home,
converted retirement home
Rooming House, converted
Rooming House
0.25 per rooming unit
0.5 per rooming unit
Secondary Dwelling Unit
See section 3.9.2.6
Non-Residential Uses
Agriculture
n/a
2
Airport
0.5 per 100 m2 of gross floor area used for passenger
terminal or aircraft hangar
Amusement Centre
4 per alley, court, ice sheet, game table or other game
surface plus 10 per 100 m2 of gross floor area used for
dining and assembly
Amusement Park
Animal Clinic
0.5 per 100 m2 of gross
floor area
4 per 100 m2 of gross floor
area
Artist Studio
2.5 per 100 m2 of gross
floor area
3.4 per 100 m2 of gross
floor area, minimum of 5
spaces
Automobile Body Shop
3 per service bay
Automobile Dealership
Section 4 - Parking, Queueing, and Loading Requirements
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Land Use
Minimum Number of Parking Spaces Required
Urban/Village Area
All other areas
Automobile Rental
Establishment
1. sales/showroom area - 2 per 100 m2 of gross floor
area
2. other areas - 1 per 100 m2 of gross floor area
Automobile Service Station
Greater of 1 per 100 m2 of gross floor area or 2 per
service bay
Bank
2.5 per 100 m2 of gross
floor area
3.4 per 100 m2 of gross
floor area
Bank Machine
None
Campground
1 per camping site within campground
Car Wash
None
Catering Establishment
0.75 per 100 m2 of gross floor area
Cemetery
None
Cinema and theater
1 per 8 fixed seats
1 per 4 fixed seats
Convenience Store
2.5 per 100 m2 of gross
floor area
3.4 per 100 m2 of gross
floor area
Day nursery
2 per 100 m2 of gross floor area
Equestrian Establishment
None
Fairground
None
Forestry Operation
None
Funeral establishment
7 per 100 m2 of gross floor area
Golf Course
1 per 100 m2 of gross floor area plus 4 per hole
Heavy
Equipment
and
Vehicle Sales, Rental and
Servicing
0.75 per 100 m2 of gross floor area
Hospital
1.4 per 100 m2
Hotel
1 per guest unit for up to
40 guest units, and 1 per
6 guest units over 40 units
1 per guest unit
Library
2.5 per 100 m2 of gross floor area
Light Industrial Use
0.8 per 100 m2 of gross floor area
Marine Facility
1 per 100 m2 of gross floor area plus 1 per boat slip
Medical Facility
4 per 100 m2 of gross floor area
Mineral
Extraction
Operation
None
Museum
1 per 100 m2 of gross floor
area
2 per 100 m2 of gross floor
area
Office
1.8 per 100 m2 of gross
floor area
2.3 per 100 m2 of gross
floor area
Personal Service Business
2.5 per 100 m2 of gross
floor area
3.4 per 100 m2 of gross
floor area
Place of Assembly
10 per 100 m2 of gross floor area of assembly area
Section 4 - Parking, Queueing, and Loading Requirements
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Page | 64
Land Use
Minimum Number of Parking Spaces Required
Urban/Village Area
All other areas
Place of Worship
Post Office
2 per 100 m2 of gross floor area
Post Secondary Educational
Institution
1 per 100 m2 of gross floor area
Printing Plant
0.8 per 100 m2 of gross floor area
Recreational and Athletic
Facility
4 per alley, court, ice sheet, game table or other game
surface plus 10 per 100 m2 of gross floor area used for
dining, assembly or common area
Restaurant
3 for first 50 m2 of gross
floor area plus 10 per 100
m2 of gross floor area
over 50 m2 of gross floor
area
10 per 100 m2 of gross
floor area
Restaurant - Fast Food
Restaurant- Full Service
Restaurant - Take Out
1.5 for first 50 m2 of gross
floor area plus 5 per 100
m2 of gross floor area over
50 m2 of gross floor area
5 per 100 m2 of gross floor
area
Retail Food Store
2.5 per 100 m2 of gross
floor area
3.4 per 100 m2 of gross
floor area
Retail Store
School
1.5 per classroom
Secondary School - 3 per classroom
Service and Repair Shop
2.5 per 100 m2 of gross
floor area
3.4 per 100 m2 of gross
floor area
Shopping Centre
3.4 per 100 m2 of gross leasable floor area
Snow Disposal Facility
None
Solid
Waste
Disposal
Facility
None
Sports Arena
1 per 4 fixed seats
Storage Yard
1 per 100 m2 of gross floor area
Training Centre
1.8 per 100 m2 of gross
floor area
2.4 per 100 m2 of gross
floor area
Utility Installation
0.5 per 100 m2 of gross
floor area
0.8 per 100 m2 of gross
floor area
Warehouse
0.5 per 100 m2 of gross
floor area
0.8 per 100 m2 of gross
floor area
Wayside Pit or Quarry
None
Section 4 - Parking, Queueing, and Loading Requirements
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4.2.2 Despite subsection 4.2.1, where a restaurant, bar, place of assembly, place of
worship or recreational and athletic facility is located within a shopping centre,
and one or more occupancies of that same use comprise more than 30% of
the gross leasable area of the shopping centre, then the minimum required
parking for that use will be calculated at the parking rate specified for that use,
and not at the shopping centre rate.
4.2.3 For uses that are not listed in Table 4.2, parking space rates for a comparable
land use will be applied.
4.3 Accessible Parking Spaces
Included in the number of parking spaces required in Section 4.2 for all uses, save
and except for Residential uses, shall be Accessible parking spaces designed in
accordance with the following:
Parking
Spaces
Required
(as
calculated from subsection 4.2)
No. of Accessible Spaces Required
9 or less
0
10-25
1
26-50
2
51-75
3
76-100
4
101-150
5
151-200
6
201-300
7
301-400
8
401+
2% of the total
4.4 Cash-in-lieu of Parking
The Minimum Parking Requirements for Non-Residential Uses required herein may be
reduced or waived provided the owner enters into an Agreement with the Corporation
under Section 40 of the Planning Act, RSO 1990.
4.5 Parking Lot Required
Where more than three (3) parking spaces are required and such parking spaces are
to be located together, such parking spaces shall be located in a parking lot or parking
garage.
4.6 Calculation of Spaces
When a building or lot accommodates more than one use or purpose the required
parking spaces shall be the sum total of the required parking spaces for the separate
uses or purposes. Parking facilities for one use shall not be considered as providing
required parking for any other use.
If calculation of the required parking spaces results in a fraction the required parking
spaces shall be the higher whole number.
Section 4 - Parking, Queueing, and Loading Requirements
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Page | 66
4.7 Size and Accessibility of Parking Spaces
Every parking space shall maintain a minimum area and width and shall be accessible
from unobstructed manoeuvring aisles and shall be in accordance with the following
regulations:
(a) in the case of a private garage or carport, consisting of an area of not less
than 14.3 m2 with a minimum width of 2.6 m;
(b) in the case of regular or angled parking spaces, consisting of a minimum
width of 2.75 m and a minimum length of 5.75 m, with the parking space
measured at right angles to the angle of parking; and
(c) in the case of parallel parking spaces, consisting of a minimum width of 2.75
m and a minimum length of 6.7 m.
(d) Notwithstanding the parking space size requirements listed above, the
minimum parking space width for accessible parking shall be 3.9 m (12.8 ft).
Where two or more angled accessible parking spaces are located together,
the minimum parking space width shall be 3.2 m (10.5 ft).
4.8 Provisions and Locations of Spaces
4.8.1 Parking spaces shall be provided at the time of erection, expansion, and/or
conversion of any building or structure, or at the time any building or structure
is enlarged.
4.8.2 Required parking in a Residential Zone shall be located on the same lot or
within the same building as the use for which said parking is required.
4.8.3 Where the owner of a non-residential building or structure proposes to provide
the required parking spaces and areas in a location other than on the same lot
as the use that requires such spaces and areas, then such shall be located not
more than 150 m (492 ft) from the said lot. Where required parking is not
provided on the same lot, the lot or part of the lot where the parking is located
shall be required to be dedicated parking under a long-term lease in favour of
the property which requires the parking spaces and areas.
4.8.4 Unless otherwise provided for herein, uncovered parking spaces shall be
permitted in yards in accordance with the following:
a) for apartment or group dwellings, all yards, except in the required front
yard, provided no parking spaces shall be located within 6 m and no
driveway shall be located within 3.5 m of a habitable room window, and
provided that where a dwelling house requires 4 or more parking spaces
such spaces are no closer than 1.5 m to any lot line.
b) for all other residential uses, other than those identified in 4.8.4(a), all
yards, except in the required front yard, wherein a driveway may be
Section 4 - Parking, Queueing, and Loading Requirements
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located provided no parking spaces shall be located within 6 m and no
driveways shall be located within 3.5 m, respectively of a habitable room
window, unless the parking spaces and/or driveways are reserved for the
exclusive use of the occupants of the dwelling unit containing the habitable
room window.
c) For open space and commercial uses, all yards, provided that no part of
any parking area, other than a driveway, is located closer than 1.5 m to
any street line.
d) For industrial and institutional uses interior side and rear yards only, except
for visitor parking covering not more than 15% of the front yard area,
provided that no part of any parking area, other than a driveway, is located
closer than 1.5 m to any street line.
4.9 Application of Parking Requirements
4.9.1 The parking area requirements referred to herein 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 and the building or structure is
used for a purpose which does not require more parking spaces according to
this section, than were required by its use at the date of passing of the By-
law.
4.9.2 If a use is changed or a building is enlarged in floor area or there is an increase
in the number of dwelling units or otherwise as would require an additional
number of parking spaces, then such additional parking spaces shall be
provided based on said change of use or expansion. In the case of a change in
use, the number of additional parking spaces required will be determined by
calculating the difference between that which would be required by the new
and the existing uses.
4.9.3 When a building or structure accommodates more than one type of use, the
parking area requirements shall be the sum of the requirements for the
separate parts of the building or structure occupied by the separate types of
use.
4.10 Driveways
4.10.1 A driveway entrance to and from required parking spaces and lots, shall be
provided by means of unobstructed driveways or passageways at least 3 m,
but not more than 9 m, in width excluding curb ramps, except in a Residential
Zone wherein the maximum width of all driveways or passageways on the lot
shall be 9 m or 50% of the width of the lot, whichever is less.
4.10.2 The maximum width of any joint ingress and egress driveway ramp, measured
along the street line, shall be 9 m, excluding curb ramps.
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4.10.3 The minimum distance between a driveway and an intersection of street lines,
measured along the street line intersected by such a driveway, shall be 7 m
except
for
automobile
service
stations,
gas
bars,
and
retail
propane/compressed natural gas transfer facilities where the minimum shall
be 4.5 m.
4.10.4 The minimum angle of intersection between a driveway and a street line shall
be 60 degrees.
4.10.5 Every lot shall be limited to the following number of driveways:
a) Up to the first 30 m (98.4 ft) of frontage measured along the street line,
not more than 1 driveway.
b) For each additional 30 m (98.4 ft) of frontage measured along the street
line, not more than 1 additional driveway to a maximum of three
driveways.
c) Subject to the approval of the road authority.
4.10.6 Parking areas and associated driveway systems serving any use other than
low-density residential or townhouse dwellings shall be designed in such a
manner that any vehicle entering or leaving a street or public lane need not
travel in a backwards motion.
4.10.7 A driveway serving a non-residential use shall not be located closer than 3 m
(9.8 ft) to a lot containing a residential dwelling as a principal use.
4.10.8 A driveway serving a residential use shall not be located closer than 1 m (3.3
ft) to the side property line, save and except for a joint driveway servicing two
lots in which case the driveway shall not require any setback.
4.11 Illumination of Parking Areas or Driveways
When parking areas and/or driveways are illuminated, lighting fixtures shall be so
arranged that no part of any fixture shall be more than 9 m (29.5 ft) above the
adjoining finished grade and light shall be directed downward only onto the parking
area or driveway and away from any adjoining lands or the sky.
4.12 Aisle Widths
Aisles between parking spaces shall provide unobstructed access from each parking
space to a driveway and shall be established on the basis of the following:
Angle of Parking
Minimum Aisle Width
0° to 55°
4 m
56° to 75°
5.8 m
90°
6 m
Section 4 - Parking, Queueing, and Loading Requirements
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4.13 Landscaping Provisions for Parking Lots
4.13.1 Except in the case of an industrial zone, a minimum of 20% of the area of any
parking lot must be provided as a perimeter or interior landscaped area
comprised of the following:
a) a landscaped buffer must be provided between the perimeter of the parking
lot and a lot line in accordance with the following table. A driveway may
cross the landscaped buffer;
b) in addition to the landscaped buffer, interior landscaping may be provided
including various landscaped islands, landscaped medians, pedestrian
pathways or public plazas to meet the minimum 20% requirement;
c) a landscaped island shall be located at the end of each parking aisle and
shall be a minimum of 2.5 m wide and include one tree per parking row;
and
d) in the case of large-scale highway commercial and shopping centre
developments, parking areas will be broken up into smaller areas separated
by treed islands that are 1.8 m - 3.7 m wide, with trees every 7.6 m - 12.2
m.
Location
of
Landscaped
Buffer
For a parking lot
containing 10 or
fewer spaces
For a parking lot
containing
more
than 10 but fewer
than 100 spaces
For a parking lot
containing 100 or
more spaces
Abutting a street
3 m
Not
abutting
a
street
1.5 m
3 m
5 m
4.13.2 All outdoor loading and refuse collection areas contained within a parking lot
must:
a) be located at least 9 m from a lot line abutting a public street;
b) be located at least 3 m from any other lot line;
c) be screened from view by an opaque screen with a minimum height of 2
m; and
d) not be in a front yard
4.14 Loading Regulations
4.14.1 The owner or occupant of any lot, building or structure erected or used for any
purpose, other than an agricultural use, involving the frequent receiving,
shipping, loading or unloading of persons, animals, goods, wares and
merchandise and raw materials, shall provide and maintain at the premises,
on the lot occupied by the building or structure and not forming part of a street
or lane, within the zone in which such use is located, loading and unloading
spaces in accordance with the following table:
Section 4 - Parking, Queueing, and Loading Requirements
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Minimum Number of Vehicle Loading Spaces Required per m2 of Gross Floor Area
Land Use
Less than
350 m2
350-999
m2
1000-
1999 m2
2000-
4999 m2
5000
m2
and over
Light
industrial
use,
warehouse,
hospital,
museum,
place
of
worship,
post
secondary
educational
institution,
school,
sports
arena,
theatre
0
1
2
Office
0
1
2
Retail food
store,
shopping
centre
0
1
2
All
other
non-
residential
uses
0
1
2
Residential
uses
None required
4.14.2 Access
Access to loading spaces shall be by means of a driveway at least 4 m (13.1
ft) wide contained within the lot on which the spaces are located and leading
to a street or public lane located within or adjoining the zone in which the use
is located. permission
4.14.3 Loading Space Dimensions
Each loading space shall be at least 9 m (29.5 ft) long, at least 3 m (9.8 ft)
wide and shall have a vertical clearance of at least 4 m (13.1 ft).
4.14.4 Location of Loading Space
The loading space or spaces required shall be located in the interior side or
rear yard. Loading spaces may be in front and exterior side yards if set back
Section 4 - Parking, Queueing, and Loading Requirements
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from the street line a minimum distance of 10 m and where there is a
vegetative buffer.
4.14.5 Surface and Drainage of Spaces and Driveways
Loading spaces and driveways thereto shall be surfaced with asphalt,
concrete, interlocking pavers or similar hard surfaces. Drainage should be
provided so as to prevent the flow of surface water onto adjoining lots.
4.14.6 Application of Loading Space Requirements
The loading space requirements referred to herein 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. However, if a building is
enlarged in floor area as would require an additional number of loading
spaces, then such additional loading spaces shall be provided based on said
expansion or enlargement. Notwithstanding Section 4.14.1, where the
building or structure is deficient in loading spaces, a loading space shall not
be required for an expansion of 25 m2 (269 ft2) or greater and less than 100
m2 (1076 ft2).
4.14.7 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 of each use.
4.14.8 Landscaping
Where a loading area abuts any residential zone or a street, then a landscaped
buffer area with a minimum width of 3 m (9.8 ft) shall be provided.
4.15 Queueing Lanes
4.15.1 Queueing Lane Requirements
Where drive-through service facilities are permitted, queueing lanes are
required and shall be exclusive of any other parking space and aisle
requirements contained within this By-law and shall be provided in
accordance with the provisions of this section.
4.15.2 Queueing Space Requirements
The minimum queueing space requirements within a designated queueing
lane shall be in accordance with the standards set out in the Table, below:
Principle Use
Minimum
Required
Queuing
Spaces
Financial Institution
5
Restaurant
11
Automotive Service Station or Gas
Bar
4
Car Wash - Automated
6
All other uses
4
Section 4 - Parking, Queueing, and Loading Requirements
By-Law #2022-042
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4.15.3 Location of Ingress and Egress Spaces
Required queueing spaces for a restaurant shall be located up to and including
the queueing space at the pick-up window and for all other uses up to and
including the point of service.
4.15.4 Length of Queuing Lane
The length of the queueing lane associated with the drive-through service
facility shall be the total number of required queueing spaces.
4.15.5 Multiple Queueing Lane Requirements
Where multiple queueing lanes are provided on a lot, the queueing space
requirements shall be provided for each individual queueing lane in
compliance with the provisions of Section 4.15 of this By-law.
4.15.6 Size of Queueing Space
All queueing spaces shall be rectangular in shape, with a minimum width of
3.0 metres and a minimum length of 7.0 metres.
4.15.7 Delineation of Queueing Lane Requirements
Queueing lanes shall be unobstructed and shall be clearly delineated by
pavement markings or physical barriers, and shall be independent of the
balance of the parking area.
4.15.8 Location of Queuing Lanes Associated with a Drive-Through Service Facility
No queueing lanes associated with a drive-through service facility shall be
located closer than 10.0 metres from any Residential Zone.
Page | 73
SECTION 5 - ZONE CLASSIFICATIONS, EXCEPTIONS ZONE
PROVISIONS
5.1 Zone Classifications
For the purpose of this By-law, the following zones are established as shown
on the Schedule(s) (Zoning Maps).
Zones
Zone Symbol
(a)
Residential Zones
i)
Residential One
R1
ii)
Residential Two
R2
iii)
Rural Residential
RR
iv)
Limited Service Residential
LSR
v)
Mobile Home Park
MHP
(b)
Commercial Zones
i)
Main Street Commercial
MSC
ii)
General Commercial
GC
iii)
Highway Commercial
HC
iv)
Tourism Commercial
TC
(c)
Industrial Zones
i)
Disposal Industrial
DM
ii)
Mineral Aggregate Pit
MP
iii)
Mineral Aggregate Pit - Reserve
MP-R
iv)
Mineral Aggregate Quarry
MQ
v)
Mineral Aggregate Quarry - Reserve
MQ-R
vi)
General Industrial
GM
vii)
Light Industrial
LM
(d)
Additional Zones
i)
Rural
RU
ii)
Agriculture
A
iii)
Community Facility
CF
iv)
Environmental Protection
EP
Section 5 - Zone Classifications, Exception Zone Provisions
By-Law#2022-042
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v)
Open Space
OS
vi)
Development
D
5.2 Exception Zones
Where a Zone classification is followed by the numbered suffix "-Exception
One", this denotes the further classification as an Exception Zone. The
corresponding Zone symbol suffix is "-E1". Additional Exception Zones within
the same zone classification are numbered consecutively [i.e. Highway
Commercial - Exception One (HC-E1)], etc.
Exception Zone provisions are listed separately under the applicable Zone
classification requirements sections in the text of this By-law. All provisions of
this By-law will apply equally to the respective Exception Zone classification,
except as otherwise specified by the Exception Zone provisions.
For the purpose of this By-law, Exception Zones are established as shown on
the Schedule(s) (Zoning Maps).
5.3 Holding Provisions
Any parcel of land zoned for residential, commercial or industrial development
where the principle of development has been established (ie. R1, HC, R2) may
be further classified as a holding zone with the addition of the suffix "-h".
Certain criteria for development (i.e. phasing, financial considerations,
geotechnical studies, access etc.) must be met to the satisfaction of Council
prior to the removal of the holding provision.
Under this holding Zone, interim and passive uses such as open space and
conservation will be permitted. Uses existing at the time of passing of the By-
law will also be permitted. When the holding provision is removed these uses
would no longer apply. The individual residential, commercial or industrial
Zone provisions (i.e. R1, R2, HC, etc.) as the case may be would then apply.
The removal of the holding provisions shall require an amendment to this By-
law. No public participation with mechanism for appeal shall be required where
the principle of development has been established.
Page | 75
SECTION 6 - REQUIREMENTS FOR RESIDENTIAL ONE (R1)
ZONE
6.1 Permitted Uses
No person shall use land or erect or use a building or structure in any R1 Zone
except for:
(a)
Residential Uses - On full municipal sewer and water services;
single detached dwelling
semi-detached dwelling
duplex dwelling
group home
6.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure
within an R1 Zone except in accordance with the following provisions:
(a)
Lot Area (Minimum)
Single detached Dwelling
450 m2
Semi-Detached Dwelling (On same lot)
600 m2
Semi-Detached Dwelling (On Separate Lot)
300 m2
Duplex Dwelling
600 m2
(b)
Lot Frontage (Minimum)
Single detached Dwelling
15 m
Semi-Detached Dwelling (On same lot)
18 m
Semi-Detached Dwelling (On separate lot)
9 m
Duplex Dwelling
18 m
(c)
Front Yard Depth (Minimum)
6 m
(d)
Side Yard Width (Minimum)
Interior
1.2 m*
Exterior
4 m
*Interior yard setback shall be 0 metres for buildings that share a
common wall across property lines
(e)
Rear Yard Depth (Minimum)
7.5 m
Section 6 - Residential One (R1) Zone
By-Law #2022-042
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(f)
Dwelling Unit Area (Minimum)
55 m2
(g)
Lot Coverage (Maximum)
40%
(h)
Building Height (maximum)
10.5 m
(i)
Dwellings per lot (maximum) - 1 *See general provisions related to
secondary dwellings
(j)
Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(k)
Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(l)
Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(m)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(n)
Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures
that are accessory to the permitted uses of this zone shall be permitted
in accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
6.3 Exception Zones
(a)
Residential One-Exception One (R1-E1) Zone
Notwithstanding Sections 3.16, 4.2.1, or any other provision of this By-
Law to the contrary, for the lands described as 38 Alice Street in the
geographic Village of Eganville, zoned Residential One-Exception One
(R1-E1) on Schedule A to this By-law, the following zone provisions shall
apply:
i.
The Real Estate office use shall be conducted entirely within the
dwelling unit on the property;
ii.
There shall be no external display or advertising other than a non-
illuminated sign not more than 2.0 square metres in area, to
indicate to persons outside that any part of the dwelling unit or lot
is being used for a Real Estate office;
iii.
Not more than forty percent (40%) of the dwelling unit area shall
be used for the purposes of a Real Estate Office;
Section 6 - Residential One (R1) Zone
By-Law #2022-042
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iv.
The Real Estate office use shall be clearly secondary to the main
residential use and there shall be no change to the outside
appearance of the dwelling unit or premises;
A minimum of 3.5 parking spaces per 100 square metres of Real Estate
office floor space or 2 parking spaces, whichever is greater, shall be
provided for the Real Estate office use.
(b)
Residential One-Exception Two (R1-E2) Zone
Notwithstanding Section 6.1, or any other provision of this By-law to
the contrary, for the lands described as 37 Bonnechere Street East, in
the geographic Village of Eganville, zoned Residential One-Exception
Two (R1-E2) on Schedule A to this By-law, the following provisions shall
apply:
(i)
Permitted commercial uses shall be restricted to a retail store,
including those whose products are manufactured on the
premises, provided that the space devoted to such manufacturing
does not exceed 50% of the total floor area.
(ii)
Permitted residential uses shall include an accessory residential
dwelling unit.
(c)
Residential One-Exception Three (R1-E3) Zone
Notwithstanding any other provisions of this By-law to the contrary, for
the lands described as 1806 Mill Street, in the geographic Village of
Eganville, zoned Residential One-Exception Three (R1-E3) on Schedule
A to this By-law, an accessory retail use shall be permitted in the existing
detached garage, consisting of an associated workspace and retail space
for on-site sales and on-line order pick-up by customers. All other
provisions of this by-law shall apply.
(d)
Residential One-Exception Four (R1-E4)
Notwithstanding any other provisions of this By-law to the contrary, for
the lands described as parts 5 to 9, inclusive, 49R-19151, in part of Lot
20, Concession 21 and part of the road allowance between Lot 20,
Concessions 20 and 21, geographic Village of Eganville, zoned
Residential One-Exception Four (R1-E4) on Schedule A to this By-law, a
single detached dwelling is permitted on a privately owned individual
well and septic system.
(e)
Residential One-Exception Five Three (R1-E5) Zone
Notwithstanding any other provisions of this By-law to the contrary for
the lands in Phase 2 of River Run Ridge Subdivision, described as
portions of Lots 8 and 9, and Lots 10 to 15, inclusive, on the draft plan
of subdivision, prepared by Adam Kasprzak Surveying Ltd., dated
Section 6 - Residential One (R1) Zone
By-Law #2022-042
Page | 78
February 25, 2014, located in part of Lot 20, Concession 20, in the
geographic Township of Grattan, residential uses shall be permitted on
municipal water and private waste disposal systems.
6.4 Holding Zones
(a) Residential-Exception Five-holding (R1-E5-h) - Phase 2 River Run Ridge
Subdivision
Until such time that the holding (h) symbol is removed from any land
zoned Residential One-Exception Five (R1-E5), in accordance with the
conditions set forth herein, no person shall use land or erect or use a
building or structure except in accordance with the following:
(i) Permitted Uses
-
existing uses and existing locations
-
open space uses
-
passive recreation uses
(ii) Conditions for Removal of Holding (h) Symbol
The conditions that must be satisfied prior to removal of the holding
symbol are:
(i)
the completion of an Archeological Study
(ii) approval of the septic systems designed with nitrogen
removing technology
Page | 79
SECTION 7 - REQUIREMNTS FOR RESIDENTIAL TWO (R2)
ZONE
7.1 Permitted Uses
No person shall use land or erect or use a building or structure in any R2 Zone
except for:
(a)
Residential Uses - On full municipal sewer and water services;
Single-Detached Dwelling
Semi-Detached Dwelling
Duplex Dwelling
Triplex Dwelling
Rooming House
Dwelling (Two Unit, Three Unit, Four Unit)
Multiple Attached Dwelling
Apartment
Group Home
7.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure
within an R2 Zone except in accordance with the following provisions:
(a) Lot Area (Minimum)
Single detached Dwelling
450 m2
Semi-Detached Dwelling (On same lot)
600 m2
Semi-Detached Dwelling (On Separate Lot)
300 m2
Duplex Dwelling
600 m2
Triplex Dwelling
700 m2
Dwelling (Two Unit, Three Unit, Four Unit)
600 m2 +100 m2 for every
unit above 2
Multiple Attached Dwelling (On same lot)
600 m2 + 100 m2 for
every unit above 4 to a
maximum of 6 attached
units
Multiple Attached Dwelling (On Separate Lot)
170 m2 to a maximum of
6 attached units
Apartment
1000 m2
Section 7 - Residential Two (R2) Zone
By-Law #2022-042
Page | 80
(b) Lot Frontage (Minimum)
Single detached Dwelling
15 m
Semi-Detached Dwelling (On same lot)
18 m
Semi-Detached Dwelling (On Separate Lot)
9 m
Duplex Dwelling
18 m
Triplex Dwelling
20 m
Dwelling (Two Unit, Three Unit, Four Unit)
18 m + 2 m per unit
above 2
Multiple Attached Dwelling (On same lot) 28 m + 7 m for every unit above
4 to a maximum of 6 attached
units
Multiple Attached Dwelling (On Separate Lot) 7 m to a maximum of 6
attached units
Apartment
20 m
(c) Front Yard Depth (Minimum)
6 m
(d) Side Yard Width (Minimum)
Interior
1.2 m *
Exterior
4 m
*Interior yard setback shall be 0 metres for buildings that share a
common wall across property lines
(e) Rear Yard Depth (Minimum)
7.5 m
(f) Dwelling Unit Area (Minimum)
55 m2
(g) Lot Coverage (Maximum)
40%
(h) Building Height (maximum)
10.5 m
(i) Dwellings per lot (maximum) - 1 *See general provisions related to
secondary dwellings
Section 7 - Residential Two (R2) Zone
By-Law #2022-042
Page | 81
(j) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(k) Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(l) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(m) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(n) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
7.3 Exception Zones
(i)
Residential Two-Exception One (R2-E1) Zone
Notwithstanding Section 7.1, or any other provisions of this By-law to
the contrary, for the lands described as 244 Wellington Street, in the
geographic Village of Eganville, zoned Residential Two-Exception One
(R2-E1) on Schedule A to this By-law, a boarding house shall also be a
permitted use.
(ii)
Residential Two-Exception Two (R2-E2) Zone
Notwithstanding Section 7.1, or any other provisions of this By-law to
the contrary, for the lands described as 220 Queen Street, in the
geographic Village of Eganville, zoned Residential Two-Exception Two
(R2-E2) on Schedule A to this By-law, a boarding house shall be a
permitted use, and all other provisions of this By-law shall apply.
(iii)
Residential Two-Exception Three (R2-E3) Zone
Notwithstanding Sections 7.1 and 7.2, or any other provision of this By-
law to the contrary, for the lands described as 186 Wellington Street, in
the geographic Village of Eganville, zoned Residential Two-Exception
Three (R2-E3) on Schedule A to this By-law, the following zone
provisions shall apply:
(a)
Permitted Uses:
- two, four-unit dwellings
Section 7 - Residential Two (R2) Zone
By-Law #2022-042
Page | 82
- an owner occupied office and a separate bachelor apartment
within an existing dwelling
(ii)
Front Yard Depth (minimum)
3.0 metres;
(Veterans Way)
(iii)
Exterior Side Yard Width (minimum)
3.0 metres;
(Wellington Street)
(iv)
Rear Yard Depth (minimum)
3.0 metres;
All other applicable provisions of this By-law and the Residential Two (R2) zone
shall apply to lands zoned Residential Two-Exception Three (R2-E3).
7.4
Holding Zones
(a)
Residential Two-holding (R2-h)
Until such time that the holding (h) symbol is removed from the lands
described Part 4, 49R-19151, on part of Lot 20, Concession 21,
geographic Township of Grattan, zoned Residential Two (R2), in
accordance with the conditions set forth herein, no person shall use land
or erect or use a building or structure except in accordance with the
following:
(i) Permitted Uses
-
existing uses and existing locations
-
open space uses
-
passive recreation uses
-
two six-unit apartment dwelling houses
(ii) Conditions for Removal of Holding (h) Symbol
The condition that must be satisfied prior to removal of the holding
symbol is:
- a site plan approved by the municipality.
Page | 83
SECTION 8 - REQUIRMENTS FOR RURAL RESIDENTIAL
(RR) ZONE
8.1 Permitted Uses
No person shall use land or erect or use a building or structure in any RR zone
except for:
(b)
Residential Uses
Single Detached Dwelling
Group Home
8.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure
within an RR Zone except in accordance with the following provisions:
(a) Lot Area (Minimum)
4047 m2
(b) Lot Frontage (Minimum)
45 m
(c) Front Yard Depth (Minimum)
7.5 m
(d) Side Yard Width (Minimum)
Interior
1.2 m
Exterior
7.5 m
(e) Rear Yard Depth (Minimum)
7.5 m
(f) Lot Coverage (Maximum)
25%
(g) Building Height (maximum)
10.5 m
(h) Dwellings per lot (maximum) - 1 *See general provisions related to
secondary dwellings
(i) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(j) Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(k) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(l) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
Section 8 - Rural Residential (RR) Zone
By-Law #2022-042
Page | 84
(m) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
8.3 Exception Zones
(a)
Rural Residential-Exception One (RR-E1) Zone
Notwithstanding any provisions of this By-law to the contrary, for those
lands described as Lot 72, Registered Plan 461, on Madawaska Crescent,
in the geographic Township of Sebastopol, zoned Rural Residential-
Exception Two (RR-E2) on Schedule A to this By-law, the permitted uses
shall be restricted to passive recreation uses and a privately maintained
right-of-way for vehicular ingress and egress to those lands zoned
Limited Service Residential-Exception Twelve (LSR-E12) located within
Part of Lots 7 and 8, Range 'C' North in the geographic Township of
Sebastopol.
(b)
Rural Residential-Exception Two (RR-E2) Zone
In addition to the uses normally permitted in the Rural Residential (RR)
zone, for those lands described as 25 Franklin Street, in Part of Lot 5,
Concession 13, in the geographic Township of Grattan, zoned Rural
Residential-Exception Two (RR-E2) on Schedule A to this By-law, a
contractor's yard or shop shall be an additional permitted use.
8.4 Holding Zones
Page | 85
SECTION 9 - REQUIREMENTS FOR LIMITED SERVICE
RESIDENTIAL (LSR) ZONE
9.1 Permitted Uses
No person shall use any land or erect or use any building or structure in any
LSR zone except for:
(a) Residential Uses
A limited service dwelling
9.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure
within an LSR Zone except in accordance with the following provisions:
(a) Lot Area (Minimum)
4047 m2
(b) Lot Frontage (Minimum)
45 m
(c) Front Yard Depth (Minimum)
6 m
(d) Side Yard Width (Minimum)
Interior
3 m
Exterior
6 m
(e) Rear Yard Depth (Minimum)
7.5 m
(f) Lot Coverage (Maximum)
25%
(g) Building Height (maximum)
10.5 m
(h) Dwellings per lot (maximum) - 1 *See general provisions related to
secondary dwellings
(i) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(j) Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(k) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(l) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
Section 9 - Limited Service Residential (LSR) Zone
By-law #2022-042
Page | 86
(m) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
9.3 Exception Zones
(a)
Limited Service Residential-Exception One (LSR-E1) Zone
Notwithstanding Sections 3.16, 3.2.2 and Section 9.1 or any other
provisions of this By-law to the contrary, for those lands located in Part
Lot 1, Concession 8, in the geographic Township of South Algona, zoned
Limited Service Residential-Exception One (LSR-E1) on Schedule A to
this By-law, the following provisions shall apply:
(i)
A limited service dwelling and a maximum of two (2) sleep cabins
shall be permitted uses;
(ii)
A sleep cabin shall mean a building or structure designed and built
for temporary human accommodation containing separate heating
facilities from the dwelling but no kitchen or sanitary facilities and
having a maximum floor area of 20 square metres; and
(iii) Permitted uses shall be limited to those uses in subsection (i) above
and accessory uses, buildings and structures in accordance with
the requirements of Section 3.2 of this By-law
All other provisions of the By-law shall apply.
(b)
Limited Service Residential-Exception Two (LSR-E2) Zone
Notwithstanding Sections 9.1 and 9.2 or any other provisions of this By-
law to the contrary, the lands, described as Part of Lots 28 and 29,
Concession 11, in the geographic Township of South Algona, zoned
Limited Service Residential-Exception Two (LSR-E2) and Part of Lots 28
and 29, Concession 11, in the geographic Township of South Algona,
zoned Rural-Exception Fourteen (RU-E14) on Schedule A to this By-law,
on opposite sides of the abandoned Canadian National Railway line shall
be considered as one lot for zoning by-law interpretation purposes.
(c)
Limited Service Residential-Exception Three (LSR-E3) Zone
Notwithstanding Section 9.1 and the definition of ACCESSORY in Section
2-Definitions of this By-law, or any other provisions of this By-law to the
contrary, for those lands described as Part of Lots 29 and 30, Concession
12, in the geographic Township of South Algona, zoned Limited Service
Section 9 - Limited Service Residential (LSR) Zone
By-law #2022-042
Page | 87
Residential-Exception Three (LSR-E3) on Schedule A to this By-law,
accessory buildings or structures shall be the only permitted use and do
not need to be incidental, subordinate and exclusively devoted to
supporting a principle use, building or structure and located on the same
lot therewith.
(d)
Limited Service Residential-Exception Four (LSR-E4) Zone
Notwithstanding Sections 3.16, 9.1 and 9.2, or any other provisions of
this By-law to the contrary, for the lands described as Part 1, Plan 49R-
12251, on part of Island "D" (Turner Island), Lake Clear, geographic
Township of Sebastopol, zoned Limited Service Residential-Exception
Four (LSR-E4) on Schedule A to this By-law, a seasonal island dwelling
and two accessory bunkhouses may be permitted and the following
provisions shall apply:
(i)
A minimum water setback of thirty (30) metres shall be provided
from the high water mark of Lake Clear and no building or
structure may be located within the 30 metre area.
(ii)
The maximum total combined floor area of the seasonal island
dwelling and accessory bunkhouses shall not exceed 168 square
metres.
(iii)
The lot shall be served by a water access point on the mainland.
The water access point shall be located on lands fronting along
the shoreline of Lake Clear and be held in the same ownership as
Island "D" (Turner Island) or otherwise secured for parking, boat
launching and/or docking by a right-of-way or easement.
Documentary evidence is to be filed each year with the Building
Official. This is a condition precedent to the validity of the
principle use.
(iv)
Dwelling, Seasonal Island: means a single-detached dwelling
that:
1. is located on an island with its only means of access by water,
and
2. is not occupied continuously, or used as a year round
permanent dwelling, and
3. does not receive fire, ambulance, school bus, municipal street,
public boat launch or public boat dock services.
(v)
Bunkhouse: means a building or structure designed and built for
temporary human accommodation containing separate heating
facilities but no culinary or sanitary facilities and having an area
of not more than 28 square metres.
(e)
Limited Service Residential-Exception Five (LSR-E5) Zone
Section 9 - Limited Service Residential (LSR) Zone
By-law #2022-042
Page | 88
Notwithstanding Section 9.1 or any other provisions of this By-law to
the contrary, for the lands described as part of Lot 28, Concession 10,
geographic Township of Sebastopol, zoned Limited Services Residential-
Exception Five (LSR-E5) on Schedule A to this By-law, the use of land
shall be limited parking for up to four (4) vehicles for the purpose of
access to lands described as Part 1, Plan 49R-12251 located on part of
Island "D" (Turner Island), Lake Clear, geographic Township of
Sebastopol within the Limited Service Residential-Exception Four (LSR-
E4) Zone.
(f)
Limited Service Residential-Exception Six (LSR-E6) Zone
Notwithstanding Sections 3.27.4 a) and b), 9.1 and 9.2 and any other
provisions of this By-law to the contrary, for the lands described as Part
of Lot 50, Range C North, in the geographic Township of Sebastopol,
zoned Limited Service Residential-Exception Six (LSR-E6) on Schedule
A to this By-law, the following provisions shall apply:
(i)
The maximum floor area of any new dwelling or upgrades and/or
renovations and/or repairs to an existing dwelling, shall be limited
to a footprint with a maximum floor area of equivalent or smaller
size than the dwelling existing on June 9, 2005;
(ii)
The location of any future reconstructed or new dwelling shall be
no closer to the high water mark of Lake Clear than the setback
that existed as of June 9, 2005. All new accessory structures shall
be required to meet the minimum water setback of 30 metres and
the minimum front yard depth, side yard width and rear yard
depth requirements of the of the Limited Service Residential (LSR)
Zone;
(iii)
Any septic system for a new dwelling shall be required to meet
the minimum water setback of 30 metres and the minimum front
yard depth, side yard width and rear yard depth requirements of
the LSR zone;
(iv)
A minimum 30 metre wide vegetated buffer should be maintained
along the high water mark of Lake Clear. A vegetated buffer shall
mean an area to be used only for the purpose of planting and
maintaining trees, shrubs, grasses and/or other vegetation to be
maintained in its natural state. Any mature trees and
undergrowth vegetation present between the existing dwellings
and the shoreline of the lake should be left in its current condition
as much as possible; and
(v)
All other applicable provisions of this By-law shall apply.
Section 9 - Limited Service Residential (LSR) Zone
By-law #2022-042
Page | 89
(g)
Limited Service Residential-Exception Seven (LSR-E7) Zone
Notwithstanding Sections 9.1 and 9.2 or any other provisions of this By-
law to the contrary, for the lands described as Part of Lot 22, Concession
12 in the geographic Township of Sebastopol, zoned Limited Service
Residential-Exception Seven (LSR-E7) on Schedule A to this By-law,
four limited service dwellings, existing on the date of passing of By-law,
shall be permitted and the following provisions shall apply:
A new limited service dwelling may be constructed provided that one of
the limited service dwellings, existing on the date of passing of this
Zoning By-law amendment, is removed.
The total number of bedrooms of all existing and new limited service
dwellings does not exceed 12 bedrooms.
All other applicable provisions of the LSR2 zone and this By-law shall
apply to lands zoned Limited Service Residential Two-Exception Eight
(LSR2-E8).
(h)
Limited Service Residential-Exception Eight (LSR-E8) Zone
Notwithstanding Section 9.1 or any other provisions of this By-law to
the contrary, for the lands described as Part Lot 21, Concession 10 in
the geographic Township of Sebastopol, zoned Limited Service
Residential -Exception Eight (LSR-E8) on Schedule A to this By-law, a
limited service dwelling shall be permitted subject to Site Plan Approval
by the Township in accordance with the Ecological Land Classification
and American Ginseng Report prepared by Ontario
Resource
Management Group Inc (dated November 26, 2012).
(i)
Limited Service Residential-Exception Nine (LSR-E9) Zone
Notwithstanding any provisions of this By-law to the contrary, for those
lands described as Part of Lots 29 and 30, Concession 9, in the
geographic Township of Sebastopol, zoned Limited Service Residential-
Exception Nine (LSR-E9) on Schedule A to this By-law, a limited service
dwelling shall be permitted.
(j)
Limited Service Residential-Exception Ten (LSR-E10) Zone
Notwithstanding any provisions of this By-law to the contrary for those
lands described as part of Lot 50, Range C North, in the geographic
Section 9 - Limited Service Residential (LSR) Zone
By-law #2022-042
Page | 90
Township of Sebastopol, zoned Limited Service Residential-Exception
Ten (LSR-E10) on Schedule A to this By-law, a dwelling is prohibited but
a garage or building, accessory to 21C Teedle Run in Lot 51, Range C
North, shall be permitted.
(k)
Limited Service Residential-Exception Eleven (LSR-E11) Zone
Notwithstanding Section 9.1 or any provisions of this By-law to the
contrary, for the lands described as Jack's Island on Golden Lake, in
front of Lots 20 and 21, Concessions 9 and 10, in the geographic
Township of South Algona, zoned Limited Service Residential-Exception
Eleven (LSR-E11) on Schedule A to this By-law, a limited service
dwelling may be permitted on an island subject to the following
provisions shall apply:
(i)
The island shall be served by a water access point on the mainland
which shall be zoned to permit parking, boat launching and/or
docking facilities for the island. The water access point shall be
located on lands fronting along the shoreline of Golden Lake and
be held in the same ownership as the island or otherwise secured
by a right-of-way or easement.
(ii)
All other applicable provisions of this By-law shall apply.
(l)
Limited Service Residential-Exception Twelve (LSR-E12) Zone
Notwithstanding the provisions of Section 3.16.1 or any other provisions
of this By-law to the contrary, for the lands described as part of Lots 7,
8 and 9, Range 'C' North, in the geographic Township of Sebastopol,
zoned Limited Service Residential-Exception Twelve (LSR-E12) on
Schedule A to this By-law, a limited service dwelling shall be permitted
and accessory buildings and structures may be erected or used
provided:
(i)
The lot has legal access in the form of a registered right of way
over Lot 72 in Registered Plan 461 for the purposes of providing
vehicular ingress and egress to Madawaska Crescent, being a
municipally owned and maintained street:
(ii)
The lot has a minimum frontage of 300 metres along the former
Ottawa and Opeongo Road which is an unopened municipal road
allowance.
9.4 Holding Zones
(a)
Limited Service Residential-Exception Nine-holding (LSR-E9-h)
Section 9 - Limited Service Residential (LSR) Zone
By-law #2022-042
Page | 91
Until such time that the holding (h) symbol is removed from lands zoned
Limited Service Residential-Exception Nine-holding (LSR-E9-h), in
accordance with the conditions set forth herein, no person shall use land
or erect or use a building or structure except in accordance with the
following:
(i)
Permitted Uses
- existing uses and existing locations
- open space uses
(ii)
Conditions for Removal of Holding (h) Symbol
The condition that must be satisfied prior to removal of the
holding symbol is the submission of a satisfactory Environmental
Impact Study.
Page | 92
SECTION 10 - REQUIREMENTS FOR MOBILE HOME PARK
(MHP) ZONE
10.1 Permitted Uses
No person shall use land or erect or use a building or structure in an MHP zone
except for:
(a) Residential Uses
Mobile Home
Accessory single detached dwelling
(b) Non-Residential Uses
Business Office accessory to a mobile home park
10.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure
within an MHP Zone except in accordance with the following provisions:
(a) Mobile Homes on one communal service:
(i)
Mobile Home Site Area (minimum)
1400 sq. m
(ii) Mobile Home Site Frontage (minimum)
30 m
(iii) Mobile Home Site Front Yard Depth
6 m
(minimum)
(iv) Mobile Home Site Side Yard Width
3 m
(minimum)
(v) Mobile Home Site Rear Yard Depth
10.5 m
(minimum)
(b) Mobile Homes on two communal services:
(i)
Mobile Home Site Area (Minimum)
600 sq. m
(ii) Mobile Home Site Frontage (Minimum)
15 m
(iii) Mobile Home Site Front Yard Depth
(Minimum)
5 m
(iv) Mobile Home Site Side Yard Width
(Minimum)
2 m
(v) Mobile Home Site Rear Yard Depth
(Minimum)
7.5 m
Section 10 - Mobile Home Park (MHP)
By-Law #2022-042
Page | 93
(c)
Mobile Homes on private wells and private sewage disposal:
(i)
Mobile Home Site Area
2025 m2
(ii) Mobile Home Site Frontage (minimum)
30 m
(iii) Mobile Home Site Front Yard Depth
7.5 m
(minimum)
(iv) Mobile Home Site Side Yard Width
5 m
(minimum)
(v) Mobile Home Site Rear Yard Depth
10.5 m
(minimum)
(d) Dwelling Unit Area (minimum):
(i)
Mobile Home
55 m2
(ii) Accessory Single Detached Dwelling
75 m2
(e) Mobile Home Park Lot Area (minimum)
1.2 Ha
(f)
Mobile Home Park Lot Frontage (minimum)
90 m
(g) Building Height (maximum)
10.5 m
(h) All roads within a Mobile Home Park shall have a minimum width of 10
metres and shall be constructed and maintained in such a manner as to
eliminate dust.
(i)
Setback for Buildings and Structures:
No building or structure within an MHP Zone shall be located within 20
metres of the boundary of an MHP Zone.
(j)
Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(k) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(l)
Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(m) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
Section 10 - Mobile Home Park (MHP)
By-Law #2022-042
Page | 94
(n) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
Page | 95
SECTION 11 - REQUIREMENTS FOR MAIN STREET
COMMERCIAL (MSC) ZONE
11.1 Permitted Uses
No person shall use any land or erect or use any building or structure in any
MSC zone except for:
(a) Residential Uses
Apartment/accessory dwelling(s) on the second floor of a permitted
non-residential use
(b) Non-Residential Uses
Bank and financial institution
Bakery
Boat sales, snowmobile, trailer and cycle sales and/or rentals
Building supply store
Business and professional office
Butcher Shop
Clinic
Cinema
Convenience store
Day nursery
Eating establishment - full service
Eating establishment - take-out
Eating establishment - drive in
Equipment rental establishment
Funeral home
Furniture/cabinet showroom and workshop
Garden centre
Hotel
Laundry and/or dry cleaning establishment
Museum
Place of entertainment
Post office
Public park and private park
Retail store
Service shop - general
Service shop - personal
Tavern
Theatre
Taxi stand
Tourist information
Place of worship
Section 11 - Main Street Commercial (MSC) Zone
By-Law #2022-042
Page | 96
11.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in a
MSC Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
i.
On well and septic
2025 m2
ii.
On municipal water and sewer
Nil
(b) Lot Frontage (minimum)
i.
On well and septic
30 m
ii.
On municipal water and sewer
Nil
(c) Front Yard Depth (minimum)
0 m
(d) Rear Yard Depth (minimum)
3 m
Where the yard abuts a lot line in a residential zone
6 m
(e) Side Yard Depth (minimum)
i.
On municipal water and sewer
0 m
ii.
On well and septic
3m
iii.
Where the yard abuts a lot in a residential zone
3 m
(f) Exterior Side Yard depth (minimum)
7.5 m
(g) Height (maximum)
14 m
(h) Dwelling Unit Area (minimum)
50 m2
(i) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(j) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(k) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(l) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(m)
Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
Section 11 - Main Street Commercial (MSC) Zone
By-Law #2022-042
Page | 97
11.3 Exception Zones
(a)
Main Street Commercial-Exception One (MSC-E1) Zone
Notwithstanding Sections 4.8.3, 11.1 and 11.2 or any other provisions
of this By-law to the contrary, for the lands described as 257 Bridge
Street, geographic Village of Eganville, zoned Main Street Commercial-
Exception One (MSC-E1) on Schedule A to this By-law, the following
provisions shall apply:
(i)
Residential dwelling units shall also be a permitted use;
(ii)
Notwithstanding Section 4.8.3 or any other provision of this By-
law to the contrary, the parking area to be located within 150
metres of the located it is intended to serve may be located on
lands in a different zone.
(b)
Main Street Commercial-Exception Two (MSC-E2) Zone
Notwithstanding Sections 4.2.1 and 4.8.3 or any other provision of this
By-law to the contrary, for the lands described as 103 Bonnechere
Street West, in the geographic Village of Eganville, zoned Main Street
Commercial-Exception Two (MSC-E2) on Schedule A to this By-law,
two dwelling units shall be permitted on the second floor of an existing
building and the following zone provisions shall apply:
(i)
A minimum of three (3) parking spaces shall be provided within
150 metres of the land zoned Main Street Commercial-Exception
Two (MSC-E2). The parking spaces shall:
a) be in the same possession, either by deed or long term
lease, as the property occupied by the building; or
b) be subject to an agreement between the owner of the
building and the owner of the parking facility.
(ii) All other applicable provisions of this By-law shall apply.
11.4 Holding Zones
Page | 98
SECTION 12 - REQUIREMENTS FOR GENERAL
COMMERCIAL (GC) ZONE
12.1 Permitted Uses
No person shall use any land or erect or use any building or structure in any
GC zone except for:
(a) Residential Uses
Apartment/accessory dwelling on the second floor of a permitted non-
residential use
(b) Non-Residential Uses
Automotive - car wash
Automotive - commercial garage
Automotive - gasoline bar
Automotive - service station
Automotive - store
Automotive - vehicle sales and/or rental establishment
Bank and financial institution
Bakery
Boat sales, snowmobile, trailer and cycle sales and/or rentals
Building supply store
Business and professional office
Butcher Shop
Clinic
Cinema
Convenience store
Day nursery
Eating establishment - full service
Eating establishment - take-out
Eating establishment - drive in
Equipment rental establishment
Funeral home
Furniture/cabinet showroom and workshop
Garden centre
Home display and sales outlet
Hotel
Laundry and/or dry cleaning establishment
Museum
Motel
Place of entertainment
Post office
Public park and private park
Retail store
Section 12 - General Commercial (GC) Zone
By-Law #2022-042
Page | 99
Service shop - general
Service shop - personal
Tavern
Theatre
Taxi stand
Tourist information
Place of worship
12.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in a
GC Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
i.
On well and septic
4047 m2
ii.
On municipal water and sewer
185 m2
(b) Lot Frontage (minimum)
i.
On well and septic
30 m
ii.
On municipal water and sewer
18
(c) Front Yard Depth (minimum)
i.
Motel, hotel, automobile service station,
Automobile commercial garage
10.5 m
ii.
All other permitted uses
7.5 m
(d) Rear Yard Depth (minimum)
6 m
i.
Where the yard abuts a lot line in a residential zone
10.5 m
(e) Side Yard Depth (minimum)
i.
On municipal water and sewer
3 m
ii.
On well and septic
3 m
iii.
Where the yard abuts a lot line in a residential zone
6 m
(f) Exterior Side Yard depth (minimum)
7.5 m
(g) Height (maximum)
14 m
(h) Landscaped Open Space (minimum)
30%
(i) Number of Dwelling Units (Maximum)
1
(j) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(k) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
Section 12 - General Commercial (GC) Zone
By-Law #2022-042
Page | 100
(l) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(m)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(n) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
12.3 Exception Zones
(a)
General Commercial-Exception One (GC-E1) Zone
Notwithstanding Section 12.1 or any other provisions of this By-Law to
the contrary, for the lands described as 2910 Fourth Chute Road in Part
Lots 19 and 20, Concession 21, geographic Village of Eganville, zoned
General Commercial-Exception One (GC-E1) on Schedule A to this By-
law, a mini storage establishment shall be a permitted use.
(b)
General Commercial-Exception Two (GC-E2) Zone
Notwithstanding Sections 4.2.1 and 12.1 or any other provision of this
By-law to the contrary, for the lands described as Part 1, Plan 49R-
13281, in Part Lots 19 and 20, Concession 20, zoned General
Commercial-Exception Two (GC-E2) on Schedule A to this By-law, the
following provisions shall apply:
(i)
Permitted
uses
shall
also
include
a
window
and
door
establishment;
(ii) The minimum parking requirement for a window and door
establishment shall be one (1) parking space per 30 m² of gross
floor area; and
(iii) All other provisions of the General Commercial (GC) zone shall
apply.
12.4 Holding Zones
Page | 101
SECTION 13 - REQUIREMENTS FOR HIGHWAY
COMMERCIAL (HC) ZONE
13.1 Permitted Uses
No person shall use any land or erect or use any building or structure in any
HC zone except for:
(a) Residential Uses
An accessory apartment to a permitted non-residential use
An accessory single detached dwelling to a permitted non-residential use
Where the permitted use is an automotive service station or commercial
garage, the accessory residential use shall be a single detached dwelling.
(b) Non-Residential Uses
Animal hospital
Automotive - body shop
Automotive - car wash
Automotive - commercial garage
Automotive - gasoline bar
Automotive - service station
Automotive - store
Automotive - vehicle sales and/or rental establishment
Boat sales, snowmobile, trailer and cycle sales and rentals
Building supply store
Business and professional offices
Convenience store
Eating establishment - full service
Eating establishment - drive in
Eating establishment - take-out
Equipment rental establishment
Furniture showroom and workshop
Garden centre
Home display and sales outlet
Hotel
Kennel
Laundromat
Laundry and dry cleaning establishment
Mini storage establishment
Motel
Place of entertainment
Public park, private park
Retail Store
Service shop general
Service shop personal
Tavern
Welding shop
Section 13 - Highway Commercial (HC) Zone
By-Law #2022-042
Page | 102
13.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in a
HC Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
4047 m2
(b) Lot Frontage (minimum)
45 m
(c) Front Yard Depth (minimum)
10.5 m
(d) Side Yard Depth (minimum)
6 m
Where the side yard abuts a residential zone
10.5 m
(e) Exterior Side Yard Depth (minimum)
7.5 m
(f) Rear Yard Depth (minimum)
7.5 m
Where rear yard abuts a residential zone
10.5 m
(g) Lot Coverage (maximum)
33%
(h) Building Height (maximum)
10.5 m
(i) Landscape Open Space (minimum)
30%
(j) Dwelling Unit Area (minimum)
50 m2
(k) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(l) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(m)Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(n) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(o) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
Section 13 - Highway Commercial (HC) Zone
By-Law #2022-042
Page | 103
13.3 Exception Zones
(a)
Highway Commercial-Exception One (HC-E1) Zone
Notwithstanding Section 13.1 and any other provision of this By-law to
the contrary, for the lands zoned Highway Commercial-Exception One
(HC-E1) and located in Part Lot 24, Concession 21, in the geographic
Township of Grattan, the following provisions shall apply:
(i)
Permitted uses shall also include a truck terminal;
(ii) No bulk fuel storage structures shall be permitted on the lands,
other than emergency or temporary storage tanks; the total
capacity of all emergency or temporary storage tanks (including
skid tanks) shall be limited to a capacity of 3,000 imperial gallons;
and
(iii) All other provisions of the Highway Commercial (HC) zone shall
apply to lands in the Highway Commercial-Exception One (HC-E1)
zone.
13.4 Holding Zones
Page | 104
SECTION 14 - REQUIREMENTS FOR TOURIST COMMERCIAL
(TC) ZONE
14.1 Permitted Uses
No person shall use any land or erect or use any building or structure in any
TC zone except for:
(a) Residential Uses
Accessory Single detached dwelling
Staff dormitory dwelling
(b) Non-Residential Uses
Resort
Retail Store
Camping Establishment
Recreational Vehicle Campground
Hotel
Motel
Passive recreational uses
Active recreational use
Private park
Public park
Marina
Automotive - gasoline bar
Propane, Retail
Eating establishment - drive in
Eating establishment - full service
Eating establishment - take out
Place of entertainment
Riding stables
Tourist establishment
14.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in a
(TC) Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
1.5 Ha
(b) Lot Frontage (minimum)
120 m
(c) Front Yard Depth (minimum)
10.5 m
(d) Side Yard Width (minimum)
10.5 m
(e) Rear Yard Depth (minimum)
10.5 m
(f) Lot Coverage (maximum)
20%
(g) Building Height (maximum)
12 m
Section 14 - Tourist Commercial (TC) Zone
By-Law #2022-042
Page | 105
(h) Recreational Vehicle Site Density
(i) Connected to individual on site sewage disposal system (maximum) - 5
per hectare based on the area of the entire park, provided 4047 square
metres are deducted from the total area, if an accessory dwelling unit is
used or erected.
(ii)
Connected to a communal sewage system or utilizing an internal
holding tank/system not connected to any sewage system (maximum) -
20 per hectare based on the area of the entire park.
(i) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(j) Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(k) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(l) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(m) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
14.3 Exception Zones
(a)
Tourist Commercial-Exception One (TC-E1) Zone
Notwithstanding Section 3.27.4 or any other provisions of this By-law
to the contrary, for the lands described as Part of Lot 30, Concession
12, in the geographic Township of South Algona, zoned Tourist
Commercial-Exception One (TC-E1) on Schedule A to this By-law, the
minimum water setback shall be 15 metres.
14.4 Holding Zones
Page | 106
SECTION 15 - REQUIREMENTS FOR DISPOSAL
INDUSTRIAL (DM) ZONE
15.1 Permitted Uses
No person shall use land or erect or use a building or structure in any DM Zone
except for:
(a) Residential Uses
Prohibited
(b) Non-Residential Uses
Waste Disposal Site, including transfer stations and composting sites
Salvage yard
Snow Disposal Facility
15.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any DM Zone except in accordance with the following provisions:
(a)
Yards (minimum):
Abutting
Abutting
Industrial Zone
Other Zone
i)
Front Yard Depth
22 m
30 m
ii)
Side Yard Width
15 m
30 m
iii)
Rear Yard Depth
15 m
30 m
(b)
Buffer Strip
No land in any DM Zone shall be used for any other purpose than a
buffer strip within,
i)
30 metres of any Zone other than an industrial zone; and
ii)
22 metres of any street line.
(c)
Abandoned or Rehabilitated
No building shall be erected or constructed in a waste disposal site that
has been abandoned or rehabilitated.
(d)
Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(e)
Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(f)
Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
Section 15 - Disposal Industrial (DM) Zone
By-Law #2022-042
Page | 107
(g)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(h)
Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures
that are accessory to the permitted uses of this zone shall be permitted
in accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
15.3 Exceptions Zones
15.4 Holding Zones
Page | 108
SECTION 16 - REQUIREMENTS FOR MINERAL AGGREGATE
PIT (MP) ZONE
16.1 Permitted Uses
No person shall use land or erect or use a building or structure in any MP Zone
except for:
(a)
Residential Uses
Prohibited
(b)
Non-Residential Uses
extractive industrial facility (i.e. wash plant, crusher) - does not
include a concrete or asphalt manufacturing plant
gravel pit
processing of aggregates (i.e. screening, sorting, washing, crushing,
storing)
forestry
limited farm
16.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any MP Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
10 Ha
(b) Lot Frontage (minimum)
45 m
(c) Front Yard Depth (minimum)
30 m
(d) Side Yard Depth (minimum)
15 m
(e) Exterior Side Yard Depth (minimum)
30 m
(f) Rear Yard Depth (minimum)
15 m
(g) Landscaped buffer (all lot lines)
15 m
(h) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(i) Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(j) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
Section 16 - Mineral Aggregate Pit (MP) Zone
By-Law #2022-042
Page | 109
(k) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(l) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
16.3 Exception Zones
16.4 Holding Zones
Page | 110
SECTION 17 - REQUIREMENTS FOR MINERAL AGGREGATE
PIT - RESERVE (MP-R) ZONE
17.1 Permitted Uses
No person shall use land or erect or use a building or structure in any MP-R
Zone except for:
(a)
Residential Uses
Prohibited
(b)
Non-Residential Uses
forestry
limited farm
17.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any MP-R Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
10 Ha
(b) Lot Frontage (minimum)
45 m
(c) Front Yard Depth (minimum)
30 m
(d) Side Yard Depth (minimum)
15 m
(e) Exterior Side Yard Depth (minimum)
30 m
(f) Rear Yard Depth (minimum)
15 m
(g) Landscaped buffer (all lot lines)
15 m
(h) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(i) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(j) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(k) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(l) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
Section 17 - Mineral Aggregate Pit - Reserve (MP-R) Zone
By-Law #2022-042
Page | 111
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
17.3 Exception Zones
(a)
Mineral Aggregate Pit-Reserve-Exception One (MPR-R-E1) Zone
In addition to those uses normally permitted in the Mineral Aggregate
Pit-Reserve (MP-R) Zone, on those lands described as part of Lot 4,
Concession 13, geographic Township of Grattan, zoned Mineral
Aggregate Pit-Reserve-Exception One (MP-R-E1) on Schedule A to this
By-law, a private airfield shall be a permitted use.
17.4 Holding Zones
Page | 112
SECTION 18 - REQUIREMENTS FOR MINERAL AGGREGATE
QUARRY (MQ) ZONE
18.1 Permitted Uses
No person shall use land or erect or use a building or structure in any MQ Zone
except for:
(a)
Residential Uses
Prohibited
(b)
Non-Residential Uses
extractive industrial facility (i.e. wash plant, crusher) - does not
include a concrete or asphalt manufacturing plant
forestry
limited farm
Quarry
Pit
processing of aggregates (i.e. screening, sorting, washing, crushing,
storing)
18.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any MQ Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
10 Ha
(b) Lot Frontage (minimum)
45 m
(c) Front Yard Depth (minimum)
30 m
(d) Side Yard Depth (minimum)
15 m
(e) Exterior Side Yard Depth (minimum)
30 m
(f) Rear Yard Depth (minimum)
15 m
(g) Landscaped buffer (all lot lines)
15 m
(h) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(i) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(j) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
Section 18 - Mineral Aggregate Quarry (MQ) Zone
By-Law #2022-042
Page | 113
(k) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(l) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
18.3 Exception Zones
18.4 Holding Zones
Page | 114
SECTION 19 - REQUIREMENTS FOR MINERAL AGGREGATE
QUARRY - RESERVE (MQ-R) ZONE
19.1 Permitted Uses
No person shall use land or erect or use a building or structure in any MQ-R
Zone except for:
(a)
Residential Uses
Prohibited
(b)
Non-Residential Uses
forestry
limited farm
19.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any MQ-R Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
10 Ha
(b) Lot Frontage (minimum)
45 m
(c) Front Yard Depth (minimum)
30 m
(d) Side Yard Depth (minimum)
15 m
(e) Exterior Side Yard Depth (minimum)
30 m
(f) Rear Yard Depth (minimum)
15 m
(g) Landscaped buffer (all lot lines)
15 m
(h) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(i) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(j) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(k) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(l) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
Section 19 - Mineral Aggregate Quarry - Reserve (MQ-R) Zone By-Law #2022-042
Page | 115
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
19.3 Exception Zones
19.4 Holding Zones
Page | 116
SECTION 20 - REQUIREMENTS FOR GENERAL INDUSTRIAL
(GM) ZONE
20.1 Permitted Uses
No person shall use land or erect or use a building or structure in any GM Zone
except for:
(a) Residential Uses
Prohibited
(b) Non-Residential Uses
Automotive-body shop
Automotive-commercial garage
Automotive-vehicle sales or rental establishment
Cannabis Production Facility
Concrete manufacturing plant
Contractor's yard or shop
Factory outlet
Fuel storage tank
Logging hauler
Manufacturing plant
Mini storage establishment
Light manufacturing plant
Public garage
Sawmill
Truck terminal
Warehouse
Welding/Metal shop
Woodworking shop
Business office accessory to a permitted use
Retail uses accessory to a permitted use
Propane/Natural Gas transfer facility
Abattoir
Retail stores involving the sale and/or rental of heavy machinery,
fuels, factory equipment, boats, recreational vehicles, motorcycles,
snowmobiles
Service shop, general
20.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any GM Zone except in accordance with the following provisions:
(a)
Lot Area (minimum)
4047 m2
(b)
Lot Frontage (minimum)
35 m
Section 20 - General Industrial (GM) one
By-Law #2022-042
Page | 117
(c)
Yards (minimum):
Abutting an
Industrial Zone
Abutting Other
Zone
i)
Front Yard Depth
15 m
30 m
ii)
Side Yard Depth
3 m
30 m
iii) Exterior Side Yard Depth
15 m
30 m
iv) Rear Yard Depth
9 m
30 m
(d)
Lot Coverage (maximum)
50%
(e)
Building Height (maximum)
15 m
(f)
Landscaped Open Space
30%
(h)
Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(i)
Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(j)
Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(k)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(l)
Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures
that are accessory to the permitted uses of this zone shall be permitted
in accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
20.3 Exception Zones
(a) General Industrial-Exception One (GM-E1) Zone
Notwithstanding Sections 20.1 and 20.2, or any other provisions of this
By-law to the contrary, for the lands at 131 Sebastopol Drive, in Block
C9, Plan 461, geographic Township of Sebastopol, zoned General
Industrial-Exception One (GM-E1) on Schedule A to this By-law, the
following provisions shall apply:
(i) Permitted Use
A Medical Cannabis Facility operated entirely within the building
existing as of August 31, 2021 is the only permitted use.
Section 20 - General Industrial (GM) one
By-Law #2022-042
Page | 118
(ii) Yard Setbacks
a)
Front Yard Depth (minimum side)
50
metres
(south side)
b)
Interior Side Yard Width (minimum side)
25
metres
(east side)
c)
Exterior Side Yard (minimum side)
37
metres
(west side)
d)
Rear Yard Depth (minimum side)
50
metres
(north side)
(b) General Industrial-Exception Two (GM-E2) Zone
Notwithstanding Section 20.1 to the contrary, for the lands described as
Lot 27, Concession 14, in the geographic Township of Sebastopol zoned
General Industrial - Exception Two (GM-E2) on Schedule A to this By-
law, the uses listed in 20.1 shall be permitted a subject to Site Plan
Approval.
Notwithstanding Section 20.1 to the contrary, for the lands zoned
General Industrial-Exception Two (GM-E2) any sawmill buildings or
processing shall be setback 70 metres from the property line of a
residential use which existed at the date of the passing of this by-law.
20.4 Holding Zones
(a)
General Industrial-Exception One-holding (GM-E1-h) Zone
Until such time that the Holding (h) symbol is removed from the lands
zoned General Industrial One-Exception Four-Holding (GM1-E4-h), in
accordance with the conditions set forth herein, no person shall use land
or erect or use a building or structure except in accordance with the
following:
(i)
Permitted Uses
- Existing uses and existing locations
- Open space uses
- Passive recreation uses
(ii)
Conditions for Removal of Holding (h) Symbol
-
That site plans and supporting documentation be provided to
the satisfaction of the Municipality to address such matters as
landscaping, buffering, access, parking, site servicing
including provision of water and waste water, odour control,
Section 20 - General Industrial (GM) one
By-Law #2022-042
Page | 119
building elevations, lot grading, draining, and storm water
management.
-
That the Owner enter into any site plan agreements with the
municipality in order to implement the matters addressed on
the site plans.
Page | 120
SECTION 21 - REQUIREMENTS FOR LIGHT INDUSTRIAL
(LM) ZONE
21.1 Permitted Uses
No person shall use land or erect or use a building or structure in any LM Zone
except for:
(a) Residential Uses
Prohibited
(b) Non-Residential Uses
Cannabis Production Facility
Factory Outlet
Light Manufacturing Plant
Public Garage
Truck Terminal
Warehouse
Business office accessory to a permitted use
Retail uses accessory to a permitted use
Propane/Natural Gas transfer facility
Agriculture commercial establishment
Those non-residential uses of the Highway Commercial (HC) zone
listed in Section13.1(b)
21.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any LM Zone except in accordance with the following provisions:
(a) Lot Area (minimum)
4047 m2
(b) Lot Frontage (minimum)
45 m
(c) Front Yard Depth (minimum)
10.5 m
(d) Side Yard Depth (minimum)
6 m
Where the side yard abuts a residential zone
10.5 m
(e) Exterior Side Yard Depth (minimum)
7.5 m
(f) Rear Yard Depth (minimum)
7.5 m
Where rear yard abuts a residential zone
10.5 m
(g) Lot Coverage (maximum)
33%
(h) Building Height (maximum)
10.5 m
Section 21 - Light Industrial (LM) Zone
By-Law #2022-042
Page | 121
(i) Landscape Open Space (minimum)
30%
(j) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(k) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(l) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(m)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(n) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
21.3 Exception Zones
21.4 Holding Zones
Page | 122
SECTION 22 - REQUIREMENTS FOR RURAL (RU) ZONE
22.1 Permitted Uses
No person shall use land or erect, alter or use a building or structure in any RU
Zone except for:
(a)
Residential Uses
Single Detached Dwelling
Group Home
(b)
Non-Residential Uses
Farm
Farm - On farm diversified use
Farm - Agriculture related use
Bed and breakfast
Forestry
Hunt of fish camp
Home industry
Cannabis Production Facility
Cemetery
Private Airfield
Recreation, passive
Special Event *with an approved special event permit from
Township*
22.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any RU Zone except in accordance with the following provisions:
(a) Lot area (minimum)
i) Residential Uses, home industry,
bed and breakfast, hunt or fishing camp 4047 m2
ii) All other permitted uses 2 Ha
(b) Lot Frontage (minimum)
45 m
(c) Front yard Depth (minimum)
7.5 m
(d) Side Yard Width (minimum)
3 m
(e) Exterior Side Yard Width
(minimum)
7.5 m
(f) Rear Yard Depth (minimum)
7.5 m
(g) Lot Coverage
20 %
Section 22 - Rural (RU) Zone
By-Law #2022-042
Page | 123
(h) Dwellings per lot (maximum) - 1 *See general provisions related to
secondary dwellings
(i) Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(j) Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(k) Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(l) Setbacks - In accordance with the provisions for setbacks in Section 3 -
General Provisions of this By-law.
(m) Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures that
are accessory to the permitted uses of this zone shall be permitted in
accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
22.3 Exception Zones
(a) Rural-Exception One (RU-E1) Zone
Notwithstanding Section 3.26.1 c) or any other provisions of this By-
Law to the contrary, for the lands described as Part 1, 49R-12211, in
Part of Lot 20, Concession 16, geographic Township of Grattan, zoned
Rural-Exception One (RU-E1) on Schedule A to this By-law, the
separation distance from a Mineral Aggregate Pit (MP) or Mineral
Aggregate Pit-Reserve (MP-R) to a dwelling does not apply.
(b) Rural-Exception Two (RU-E2) Zone
In addition to the uses normally permitted in Section 22.1(b) of this
By-law, those lands described as part of Lot 32, Concession 21, in the
geographic Township of Grattan, zoned Rural-Exception Two (RU-E2)
on Schedule A to this By-law, may also be used for the purposes of an
abattoir in accordance with the provisions of Section 20.2 of this By-
law.
(c) Rural-Exception Three (RU-E3) Zone
Notwithstanding the requirements of Section 22.2 c) of this By-law, on
those lands described as part of Lot 18, Concession 16, geographic
Township of Grattan, zoned Rural-Exception Three (RU-E3) on
Section 22 - Rural (RU) Zone
By-Law #2022-042
Page | 124
Schedule A to this By-law, the minimum required front yard depth shall
be 70.0 metres.
(d) Rural-Exception Four (RU-E4) Zone
Notwithstanding Section 22.2 c) of this By-law to the contrary, for
those lands described as part of Lot 22, Concession 20, geographic
Township of Grattan, zoned Rural-Exception Four (RU-E4) on Schedule
A, the minimum required front yard depth shall be 81.0 metres.
(e) Rural-Exception Five (RU-E5) Zone
In addition to those uses normally permitted in Section 22.1 b) of the
Rural (RU) Zone, on those lands described as part of Lot 16, Concession
8, geographic Township of South Algona, zoned as Rural-Exception Five
(RU-E5) on Schedule A to this By-law, a shooting range shall be a
permitted use.
(f) Rural-Exception Six (RU-E6) Zone
Notwithstanding Sections 22.2 and 3.9.1, or any other provisions of
this By-law to the contrary, on those lands subject to an existing
Shareholder Agreement (Hermitage Lake Corporation) located in Lots
16, 17, 18, 19 and 20, Concession 14, geographic Township of
Sebastopol, zoned as Rural-Exception Six (RU-E6) on Schedule A to
this By-law, more than one single detached dwelling shall be permitted
on an existing lot.
(g) Rural-Exception Seven (RU-E7) Zone
Notwithstanding Section 22.2 or any other provision of this By-law to
the contrary, on those lands subject to an existing Shareholder
Agreement (2688301 Canada Inc. operating as Constan Associates)
and located in Lots 8, 9 and 10, Concession 4V and Part of Lot 11,
Concession V, in the geographic Township of Grattan, zoned Rural-
Exception Seven (RU-E7) on Schedule A to this By-law, more than one
single detached dwelling are permitted on a lot.
(h) Rural-Exception Eight (RU-E8) Zone
Notwithstanding Sections 22.1 and 22.2 or any other provisions of this
By-Law to the contrary, for the lands described as Part of Lot 16 and
17, Concession 6, in the geographic Township of Grattan, zoned Rural-
Exception Eight (RU-E8) on Schedule A to this By-law, six dwellings
Section 22 - Rural (RU) Zone
By-Law #2022-042
Page | 125
existing as of April 25, 2005, shall be permitted on an existing lot.
(i) Rural-Exception Nine (RU-E9) Zone
Notwithstanding Sections 22.1 and 22.2 or any other provisions of this
By-law to the contrary, for the lands described as Part of Lot 8, and
Part of Lot 9, Concession 14, in the geographic Township of Sebastopol,
zoned Rural-Exception Nine (RU-E9) on Schedule A to this By-law, a
three-unit dwelling is a permitted use.
(j) Rural-Exception Ten (RU-E10) Zone
Notwithstanding Sections 3.27.4 a), 22.1 and 22.2 or any other
provisions of this By-law to the contrary, for the lands described as
Part of Lot 30, Concession 9, in the geographic Township of Sebastopol,
zoned Rural Exception Ten (RU-E10) on Schedule A to this By-law, the
following provisions shall apply:
(i)
permitted uses shall be limited to parking for up to four (4)
vehicles for the purpose of access to lands located within part of
Island "D" (Turner Island), Lake Clear, geographic Township of
Sebastopol, and more particularly described as Part 1 on Plan
49R-12251;
(ii) No dwellings or septic systems shall be permitted on the property;
(iii) No structures other than a pit privy, a garage/boat storage
building and/or boat docking and launching facilities shall be
permitted on the property. The submission of a site plan will be
required to establish the location of the pit privy and garage which
shall be located as close as possible to the existing road, while
complying with the setback requirements of the RU zone.
(iv) All buildings and/or structures shall occupy an area no larger than
10% of the total lot area, and shall act as accessory structures
only to the permitted use of the site as parking for mainland
access. No sleeping cabins or boat houses are permitted.
(v) A minimum setback of 30 metres from the high water mark of
Lake Clear shall be required.
(vi) A minimum 30 metre wide vegetated buffer should be maintained
along the high water mark of Lake Clear. A vegetated buffer shall
mean an area to be used only for the purpose of planting and
maintaining trees, shrubs, grasses and/or other vegetation to be
maintained in its natural state. Any mature trees and
undergrowth vegetation present between the existing dwellings
and the shoreline of the lake should be left in its current condition,
Section 22 - Rural (RU) Zone
By-Law #2022-042
Page | 126
with the exception of areas for boat docking and launching
facilities and access to those areas.
All other applicable provisions of this By-law shall apply.
(k) Rural-Exception Eleven (RU-E11) Zone
Notwithstanding Sections 3.26.1 d), 22.2 c) or any other provisions of
this By-law to the contrary, for the lands described as Part of Lots 10
and 11, Concession 17, and Part of the closed road allowance between
Lots 10 and 11, in the geographic Township of Grattan and zoned
Rural-Exception Eleven (RU-E11) on Schedule A to this By-law, a single
detached dwelling shall be a permitted use on existing lots of record
and the minimum required front yard depth shall be 64 metres.
(l) Rural-Exception Twelve (RU-E12) Zone
Notwithstanding any other provisions of this By-law to the contrary, for
the lands described as Part Lot 21, Concession 13, geographic
Township of Sebastopol, zoned Rural-Exception Twelve (RU-E12) on
Schedule A to this By-law, a two-unit dwelling may be permitted
provided:
(i)
one of the dwelling units shall not have more than 2 bedrooms;
the other dwelling unit shall not have more than 1 bedroom;
(ii) under no circumstances shall the property be considered as
having two separate dwellings on one parcel of land, rather than
one building with two dwellings units.
(m) Rural-Exception Thirteen (RU-E13) Zone
Notwithstanding any other provisions of this By-law to the contrary for
lands described as part of lots 27 and 28, Concession 11, in geographic
Township of South Algona, zoned Rural-Exception Thirteen (RU-E13)
on Schedule A to this By-law, the permitted uses shall be limited to a
hunting and fishing camp, forestry, farm, passive recreation uses,
private park and following provisions shall apply:
(i)
Dwelling(s) shall not be permitted
(ii) Lands zoned RU-E13 on both sides of the abandoned Canadian
National Railway line shall be considered as one lot for zoning by-
law interpretation purposes.
(n) Rural-Exception Fourteen (RU-E14) Zone
Notwithstanding any other provisions of this By-law to the contrary for
lands described as part of lots 28 & 29, Concession 11, in geographic
Section 22 - Rural (RU) Zone
By-Law #2022-042
Page | 127
Township of South Algona, zoned Rural-Exception Fourteen (RU-E14)
on Schedule A to this By-law, the following provisions shall apply:
(i)
Dwelling(s) shall not be permitted;
(ii) The lands zoned Rural-Exception Fourteen (RU-E14) and the lands
zoned Limited Service Residential-Exception Two (LSR-E2) on the
opposite side of the abandoned Canadian National Railway line
shall be considered as one lot for zoning by-law interpretation
purposes.
(o) Rural-Exception Fifteen (RU-E15) Zone
Notwithstanding Section 3.26.1 c), or any other provisions of this By-
law to the contrary, for the lands described as Part of Lot 28,
Concession 9, geographic Township of South Algona, zoned Rural-
Exception Fifteen (RU-E15) on Schedule A to this By-law, the following
provisions shall apply:
i)
Minimum separation distance for a new dwelling from a Mineral
Aggregate Pit (MP) or Mineral Aggregate Pit-Reserve (MP-R) Zone
shall be 20 metres
ii)
A 20 metre wide buffer area shall be planted along the side and
rear lots lines.
(p) Rural-Exception Sixteen (RU-E16) Zone
Notwithstanding Sections 3.16.1, 3.26.1 c), or any other provisions of
this By-law to the contrary, for those lands described as part of Lots 39
and 40, Concession Range C South, geographic Township of Sebastopol,
zoned Rural-Exception Sixteen (RU-E16) on Schedule A to this By-law,
the minimum required separation from an Mineral Aggregate Pit Reserve
(MP-R) Zone shall be 100 metres and access to a public road shall be
permitted over a registered right-of-way on abutting lands. All other
provisions of the Zoning By-law shall apply.
(q) Rural-Exception Seventeen (RU-E17) Zone
Notwithstanding Section 22.1(a) or any other provisions of this By-law
to the contrary, for the lands described as part of Lots 21, 22 and 23,
Concession 5 and part of Lot 22, Concession 6, in the geographic
Township of Grattan, zoned Rural-Exception Seventeen (RU-E17) on
Schedule A to this By-law, residential uses shall be prohibited. All other
provisions of this by-law shall apply.
Section 22 - Rural (RU) Zone
By-Law #2022-042
Page | 128
(r) Rural-Exception Eighteen (RU-E18) Zone
Notwithstanding Section 3.18.7 or any other provisions of this By-law
to the contrary, for the lands described as Part 5, Plan 49R-14930, in
part Lot 18, Concession 11, geographic Township of Sebastopol, zoned
Rural-Exception Eighteen (RU-E18) on Schedule A to this By-law, the
following provisions shall apply:
(i)
An existing one family dwelling shall be permitted as a non-
conforming use subject to the following conditions:
1.
No reconstruction resulting from the existing dwelling being
damaged or destroyed by causes beyond the control of the
owner, or any repair or renovation to the existing dwelling,
shall result in an increase in the height or bulk of the
dwelling, or a further reduction of the minimum required
front yard setback, minimum rear yard setback, minimum
side yard setback or minimum water setback.
2.
Notwithstanding any other provision to the contrary, such
existing one family dwelling may be permitted to be raised
for the purposes of constructing a foundation; and
3.
All other applicable provisions of Section 3.18 of this By-law
shall apply to the existing single detached residential
dwelling.
(ii) Existing performance standards shall apply to all existing
buildings and structures; and
(iii) A septic system to service the existing one family dwelling on
lands zoned RU-E18 shall be permitted to be located on lands
zoned RU-E19 in Part 1, Plan 49R-14930.
All other provisions of the Rural (RU) zone and this By-law shall apply
to lands in the Rural-Exception Eighteen (RU-E18) Zone.
(s) Rural-Exception Nineteen (RU-E19) Zone
Notwithstanding Sections 22.1 and 22.2, or any other provision of this
By-law to the contrary, for the lands described as Part 1, Plan 49R-
14930, in part Lots 17 and 18, Concession 11, geographic Township of
Sebastopol, zoned Rural-Exception Nineteen (RU-E19), the following
provisions shall apply:
(i)
An existing one family dwelling shall be a permitted use;
(ii) The minimum front yard setback for a septic system shall be 3
metres;
Section 22 - Rural (RU) Zone
By-Law #2022-042
Page | 129
(iii) In addition to a septic system to service the existing one family
dwelling on lands zoned RU-E19, a second individual septic
system to service the existing one family dwelling on lands zoned
RU-E18 and located in Part 5, Plan 49R-14930, shall be permitted
to be located on lands zoned RU-E19 in Part 1, Plan 49R-14930.
All other provisions of the Rural (RU) zone and this By-law shall apply
to lands in the Rural-Exception Nineteen (RU-E19) zone.
(t) Rural-Exception Twenty (RU-E20) Zone
Notwithstanding Section 3.26.1 c) or any other provisions of this By-
Law to the contrary, for the lands described as Part 1, 49R-3894, in
Part of Lot 20, Concession 16, geographic Township of Grattan, zoned
Rural-Exception Twenty (RU-E20) on Schedule A to this By-law, the
separation distance from a Mineral Pit (MP) or Mineral Pit Reserve (MP-
R) to a dwelling does not apply.
(u) Rural-Exception Twenty-One (RU-E21) Zone
Notwithstanding any other provisions of this By-law to the contrary for
lands zoned Rural-Exception Twenty-One (RU-E21) and located within
Part of Lot 33, Concession 19 in the geographic Township of Grattan
located at 1270A Foymount Road, on Schedule A to this By-law, the
following provisions shall apply:
(i)
A commercial garage shall be a permitted use
(ii)
A used car lot shall be a permitted use
(iii)
Notwithstanding Section 3.24.2 (Open Storage) the storage of
up to 5 derelict vehicles used for parts shall be permitted in the
rear yard behind the garage, so as not to be visible from the
travelled road.
(v) Rural-Exception Twenty-Two (RU-E22) Zone
Notwithstanding any other provisions of this By-law to the contrary for
lands zoned Rural-Exception Twenty-Two (RU-E22) and located within
Part of Lot 7, Concession 14 in the geographic Township of Grattan, on
Schedule A to this By-law, a sawmill shall be a permitted use.
(w) Rural-Exception Twenty-Three (RU-E23) Zone
Notwithstanding any other provisions of this By-law to the contrary for
the lands zoned Rural-Exception Twenty-Three (RU-E23) and located
within Part of Lots 32 and 33, Concession 1 in the geographic Township
of South Algona, and Lots 1 and 2, Concession 14 in the geographic
Township of Sebastopol, a maximum of twelve (12) dwellings total are
permitted for all parcels of land zoned RU-E23. Prior to the issuance of
Section 22 - Rural (RU) Zone
By-Law #2022-042
Page | 130
future building permits, it shall be demonstrated that the appropriate
environmental approvals regarding sewage disposal are in place.
22.4 Holding Zones
(a)
Rural-Exception Six-holding (RU-E6-h) Zone
Until such time that the holding (h) symbol is removed from lands
zoned Rural-Exception Six-holding (RU-E6-h) on lands located in Lots
16, 17, 18, 19 and 20, Concession 14, geographic Township of
Sebastopol, no person shall use land or erect or use a building or
structure except in accordance with the following:
(i)
Permitted Uses
- existing residential uses in existing locations
- all other uses permitted in the Rural (RU) Zone.
(ii)
Conditions for Removal of Holding (h) Symbol
The conditions that must be satisfied prior to the removal of the
holding (h) symbol are:
That a site plan, hydrogeological assessment and/or planning
justification report be provided to support any application for
building permit for any new dwellings.
(b)
Rural-Exception Seven-holding (RU-E7-h) Zone
Until such time that the holding (h) symbol is removed from the land
zoned Rural-Exception Twenty-holding (RU-E7-h) on lands located
within Lots 8, 9 and 10, Concession IV and Part of Lot 11, Concession
V in the geographic Township of Grattan, no person shall use land or
erect or use a building or structure except in accordance with the
following:
(i)
Permitted Uses
- eight (8) existing single detached dwellings on an existing lot.
- all other uses permitted in the Rural (RU) Zone.
(ii)
Conditions for Removal of the Holding (h) Symbol
- That a site plan, hydrogeological assessment and/or planning
justification report be provided to support any application for
building permit for any new dwellings.
Page | 131
SECTION 23 - REQURIREMENTS FOR AGRICULTURE (A)
ZONE
23.1 Permitted Uses
No person shall use land or erect, alter or use a building or structure in any A
Zone except for:
(a) Residential Uses
Single Detached Dwelling
(b) Non-Residential Uses
Farm
Farm - On-farm diversified use
Farm - Agriculture Related Use
Farm - Limited
Forestry
Home Industry
Bed and Breakfast
Cannabis Production Facility
Recreation - Passive
Special Event *with an approved special event permit from Township*
23.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any A Zone except in accordance with the following provisions:
(a)
Lot Area (minimum)
40 hectares
(b)
Lot Frontage (minimum)
45 m
(c)
Front Yard Depth (minimum)
i) Single detached dwelling
7.5 m
ii) All other uses
30 m
(d)
Side Yard Width (minimum)
i) Single detached dwelling
3 m
ii) All other uses
30 m
(e)
Exterior Side Yard (minimum)
i) Single detached dwelling
7.5 m
ii) All other uses
30 m
(f)
Rear Yard Depth (minimum)
i) Single detached dwelling
7.5 m
Section 23 - Agriculture (A) Zone
By-Law #2022-042
Page | 132
ii) All other uses
30 m
(g)
Dwelling Unit Area (minimum)
65 m2
(h)
Lot Coverage (maximum)
2%
(i)
On-farm diversified uses and cannabis production facilities including all
associated services (i.e. buildings, accessory buildings, well, septic,
parking area, etc.) shall not occupy an area greater than 1 hectare.
(j)
Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(k)
Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(l)
Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(m)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(n)
Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures
that are accessory to the permitted uses of this zone shall be permitted
in accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
23.3 Exception Zones
(a)
Agriculture-Exception One (A-E1)
Notwithstanding anything else in this by-law to the contrary, for those
lands zoned Agriculture-Exception One (A-E1) on Schedule A to this
By-law all residential uses shall be prohibited.
(b)
Agriculture-Exception Two (A-E2)
Notwithstanding any other provisions of this By-law to the contrary for
lands zoned Agriculture-Exception Two (A-E2) and located within Part
of Lot 33, Concession 19 in the geographic Township of Grattan located
at 1270A Foymount Road, on Schedule A to this By-law, the following
provisions shall apply:
(iv)
A commercial garage shall be a permitted use
Section 23 - Agriculture (A) Zone
By-Law #2022-042
Page | 133
(v)
A used car lot shall be a permitted use.
(vi)
Notwithstanding Section 3.24.2 (Open Storage) the storage of
up to 5 derelict vehicles used for parts shall be permitted in the
rear yard behind the garage, so as not to be visible from the
travelled road.
23.4 Holding Zones
Page | 134
SECTION 24 - REQUIREMENTS FOR COMMUNITY FACILITY
(CF) ZONE
24.1 Permitted Uses
No person shall use land or erect or use a building or structure in any CF Zone
except for:
(a) Residential Uses
Senior citizens home
Accessory single detached dwelling
Nursing home
Home for the aged
(b) Non- Residential Uses
Assembly hall
Community centre
Clinic
Hospital
Cemetery
Public garage
Public utility
Church
Schools
Recreation, active
Recreation, passive
Public park
Private park
Private club
Place of Worship
Forestry
Public building
24.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in a
CF Zone except in accordance with the following provisions:
(a)
Lot Area (minimum)
i) On Full municipal services
300 m2
ii) On private services (well and septic)
4047 m2
(b)
Lot Frontage (minimum)
i) On full municipal services
15 m
ii) On private services (well and septic)
45 m
(c)
Front Yard Depth (minimum)
i) On full municipal services
7.5 metres
Section 24 - Community Facility (CF) Zone
By-Law #2022-042
Page | 135
ii) On private services (well and septic)
10.5 metres
(d)
Side Yard Width (minimum)
i) On full municipal services
3 m
ii) On private services (well and septic)
5 metres or 1/2 the
height of the building
whichever is greater
(e)
Exterior Side Yard
i) On full municipal services
7.5 m
ii) On private services (well and septic)
10.5 m
(f)
Rear Yard Depth (minimum)
i) On full municipal services
7.5 m
ii) On private services
15 m
(g)
Lot Coverage (maximum)
i) On full municipal services
50%
ii) On private services
25%
(h)
Building Height (maximum)
10.5 m
(i)
Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(j)
Parking and Loading - In accordance with the provisions for Parking and
Loading in Section 4 of this By-law.
(k)
Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(l)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(m)
Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures
that are accessory to the permitted uses of this zone shall be permitted
in accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
Section 24 - Community Facility (CF) Zone
By-Law #2022-042
Page | 136
24.3 Exception Zones
24.4 Holding Zones
Page | 137
SECTION 25 - REQUIREMENTS FOR ENVIRONMENTAL
PROTECTION (EP) ZONE
25.1 Permitted Uses
No person shall use land or erect or use a building or structure in any EP zone
except for:
(a) Residential Uses
Prohibited
(b) Non- Residential Uses
Dam or other water control structure
Erosion control structure
Existing farm
Limited farm
Passive recreation
No new buildings or structures other than for flood or erosion control
25.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any EP Zone except in accordance with the following provisions:
(a)
Front Yard Depth (minimum)
10.5 m
(b)
Side Yard Width (minimum)
5 m
(c)
Rear Yard Depth (minimum)
15 m
(d)
Lot Coverage (maximum)
1%
(e)
Building Height (maximum)
5 m
(f)
Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(g)
Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(h)
Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(i)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(j)
Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures
that are accessory to the permitted uses of this zone shall be permitted
Section 25 - Environmental Protection (EP) Zone
By-Law #2022-042
Page | 138
in accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
25.3 Exception Zones
(a)
Environmental Protection-Exception One (EP-E1)
Lands zoned Environmental Protection-Exception One (EP-E1), on
Schedule A to this By-law, are Provincially Significant Wetlands (PSWs)
and permitted uses identified in Section 25.1 of this By-law. See
Section 3.27.5 for the required setback to the EP-E1 Zone boundary.
(b)
Environmental Protection-Exception Two (EP-E2)
Lands zoned Environmental Protection-Exception Two (EP-E2), on
Schedule A to this By-law are Life Science-Area of Natural and Scientific
Interest (ANSI) and permitted uses are identified in Section 25.1 of
this By-law. See Section 3.27.6 i) for the required setback to the EP-
E2 Zone boundary.
(c)
Environmental Protection-Exception Three (EP-E3)
Lands zoned Environmental Protection-Exception Two (EP-E3), on
Schedule A to this By-law are Earth Science-Area of Natural and
Scientific Interest (ANSI) and permitted uses are identified in Section
25.1 of this By-law. See Section 3.27.6 ii) for the required setback to
the EP-E3 Zone boundary.
(d)
Environmental Protection-Exception Four (EP-E4)
Notwithstanding any provisions of this By-law to the contrary, for those
lands described as Islands A, F, G and I, on Lake Clear, in the
geographic Township of Sebastopol, zoned Environmental Protection-
Exception Four (EP-E4) on Schedule A to this By-law, the only
permitted use is passive use. No buildings or structures are permitted.
25.4 Holding Zones
Page | 139
SECTION 26 - REQUIREMENTS FOR OPEN SPACE (OS)
ZONE
26.1 Permitted Uses
No person shall use land or erect or use a building or structure in any OS
zone except for:
(a) Residential Uses
Prohibited
(b) Non-Residential Uses
Buffer Strip
Golf Course
Landscaped Open Space
Natural Area
Passive Recreation
Private Park
Public Park
26.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any OS Zone except in accordance with the following provisions:
(a)
Lot Area (minimum)
NIL
(b)
Front Yard Depth (minimum)
NIL
(c)
Side Yard Width (minimum)
NIL
(d)
Rear Yard Depth (minimum)
NIL
(e)
Building Height (maximum)
10.5 m
(f)
Open Storage - In accordance with the provisions for open storage in
Section 3 of the General Provisions of this By-law.
(g)
Parking and Loading - In accordance with the provisions for Parking and
Loading in section 4 of this By-law.
(h)
Separation Distance - In accordance with the provisions for separation
Distance in Section 3 - General Provisions of this By-law.
(i)
Setbacks - In accordance with the provisions for setbacks in Section 3
- General Provisions of this By-law.
(j)
Accessory Uses, Buildings, and Structures: Notwithstanding any Zone
Provisions of this zone to the contrary, uses, buildings and structures
that are accessory to the permitted uses of this zone shall be permitted
Section 26 - Open Space (OS) Zone
By-Law #2022-042
Page | 140
in accordance with the requirements for accessory uses, buildings and
structures in Section 3 - General Provisions of this by-law.
26.3 Exception Zones
(a)
Open Space-Exception One (OS-E1) Zone
Notwithstanding any other provision of this By-law to the contrary, for
the lands described as Part 7, Plan 49R-16555, in Part of Lot 18,
Concession 10, in the geographic Township of Sebastopol, zoned Open
Space-Exception One (OS-E1) on Schedule A to this By-law, the
permitted uses shall be restricted to a private park and passive
recreation uses which will be for the exclusive use and benefit of the
lands described as Parts 1, 2 and 4, Plan No. 49R-16555.
26.4 Holding Zones
Page | 141
SECTION 27 - REQUIREMENTS FOR THE DEVELOPMENT (D)
ZONE
27.1 Permitted Uses
No person shall use land or erect or use a building or structure in any D zone
except for:
(a) Residential Uses
Existing Dwellings
(b) Non-Residential Uses
Buffer Strip
Landscaped Open Space
Natural Area
Passive Recreation
Limited Farm
Private Park
Public Park
27.2 Zone Provisions
No person shall use any lot or erect, alter or use any building or structure in
any OS Zone except in accordance with the following provisions:
(a)
Front Yard Depth (minimum)
10.5 metres
(b)
Side Yard Width (minimum)
(i) interior
3 metres
(ii) exterior
6 metres
(c)
Rear Yard Depth (minimum)
15 metres
(d)
Building Height (maximum)
5 metres
27.3 Exception Zones