Town of Bracebridge Comprehensive Zoning By-law 2016-088

Bracebridge, Ontario · No. 2016-088 · adopted 2016-11-30 · summary & facts

This is the exact embedded text of the captured official document. Snapshot dae78c383d06 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWN OF BRACEBRIDGE COMPREHENSIVE ZONING BY-LAW 2016-088 Enacted November 30, 2016 TABLE OF CONTENTS 1. INTREPRETATION AND ADMINISTRATION ...................................................... 1 1.1. TITLE ........................................................................................................ 1 1.2. APPLICATION .......................................................................................... 1 1.3. INTERPRETATION ................................................................................... 1 1.4. COMPLIANCE WITH BY-LAW ................................................................. 1 1.5. REPEAL FORMER BY-LAW .................................................................... 1 1.6. TRANSITION ............................................................................................ 1 1.7. CHANGE IN USE ...................................................................................... 1 1.8. DETERMINING ZONE BOUNDARIES ..................................................... 2 1.9. SPLIT ZONING ......................................................................................... 2 1.10. ENFORCEMENT ...................................................................................... 2 1.11. SEVERABILITY ......................................................................................... 2 2. ESTABLISHMENT OF ZONES ............................................................................. 3 2.1. ZONES ...................................................................................................... 3 2.2. LOCATION OF ZONES ............................................................................ 4 2.3. ZONING OF WATERBODIES .................................................................. 4 3. ZONE PROVISIONS .............................................................................................. 5 3.1. ZONES ...................................................................................................... 5 3.2. RESIDENTIAL ZONES ............................................................................. 6 3.3. SHORELINE ZONES .............................................................................. 11 3.4. COMMERCIAL ZONES .......................................................................... 14 3.5. TOURIST COMMERCIAL ZONES ......................................................... 18 3.6. INDUSTRIAL ZONES ............................................................................. 21 3.7. INSTITUTIONAL ZONES ........................................................................ 25 3.8. RURAL ZONES ....................................................................................... 27 3.9. OPEN SPACE ZONES ........................................................................... 30 3.10. ENVIRONMENTAL PROTECTION ZONES ........................................... 31 3.11. FLOOD PLAIN ZONES ........................................................................... 31 4. GENERAL PROVISIONS .................................................................................... 33 4.1. APPLICATION ........................................................................................ 33 4.2. USES PERMITTED IN ALL ZONES ....................................................... 33 4.2.1. Accessory Buildings, Structures and Uses ................................ 33 4.2.2. Public Uses ................................................................................ 34 4.2.3. Streets and Installation .............................................................. 34 4.2.4. Temporary Construction Uses ................................................... 34 4.3. ENCROACHMENT INTO REQUIRED YARDS ...................................... 34 4.3.1. Balconies, Porches, Decks, Steps, Patios or Ramps ....................... 34 4.3.2. Fire Escapes ..................................................................................... 35 4.3.3. Accessory Buildings or Structures in Residential, Shoreline and Rural Residential Zones ............................................................ 35 4.3.4. Accessory Buildings or Structures in the Front Yard in the Rural Zone ........................................................................................ 35 4.3.5. Pumphouse ...................................................................................... 35 4.3.6. Gazebo ............................................................................................. 35 4.3.7. Generator.......................................................................................... 36 4.3.8. Hot Tub ............................................................................................. 36 4.3.9. Tents and Pools ................................................................................ 36 TABLE OF CONTENTS 4.3.10. Accessory Structures ........................................................................ 36 4.3.11. Signs ................................................................................................. 36 4.3.12. Ornamental Structures ..................................................................... 36 4.4. ACCESSORY SHORELINE STRUCTURES .......................................... 36 4.4.1. Boathouses, Boat Ports and Docks ........................................... 36 4.4.2. Sundecks ................................................................................... 37 4.4.3. Total Occupied Portion of a Shoreline ....................................... 38 4.5. SHIPPING CONTAINERS ...................................................................... 38 4.6. DWELLING AS MAIN USE ..................................................................... 39 4.7. NON-CONFORMING USES ................................................................... 39 4.8. NON-COMPLYING BUILDINGS OR STRUCTURES ............................. 39 4.9. NON-COMPLYING LOTS ....................................................................... 41 4.10. FRONTAGE ON A PUBLIC STREET, CONDOMINIUM ROAD OR NAVIGABLE WATERWAY ............................................................... 41 4.11. HEIGHT EXCEPTIONS .......................................................................... 41 4.12. HOBBY FARM ........................................................................................ 42 4.13. HOME INDUSTRY .................................................................................. 42 4.14. HOME OCCUPATION ............................................................................ 43 4.15. GARAGE SALES .................................................................................... 43 4.16. HEALTH HAZARDS ................................................................................ 43 4.17. NUMBER OF DWELLING UNITS ON A LOT ......................................... 44 4.17.1. Additional Dwelling for Agricultural Use ..................................... 44 4.17.2. Accessory Apartment Dwelling Units in a Commercial Zone .... 44 4.17.3. Second Dwelling Units ............................................................... 44 4.18. ACCESSORY OUTSIDE DISPLAY AND SALES ................................... 44 4.19. PUBLIC ACQUISTION OR CONVEYANCE ........................................... 44 4.20. SIGHT TRIANGLES ................................................................................ 45 4.21. SPECIAL SETBACKS ............................................................................. 45 4.21.1. High Water Mark and Coldwater Stream ................................... 45 4.21.2. High Water Mark Setbacks for Leaching Beds .......................... 45 4.21.3. Environmental Protection Wetland Zones ................................. 45 4.21.4. Steep Slopes .............................................................................. 45 4.21.5. Original Shore Road Allowance ................................................. 46 4.21.6. Navigable Waterbody ................................................................. 46 4.21.7. Farm Buildings, Feedlots or Kennels ......................................... 46 4.21.8. Extractive Industrial Uses .......................................................... 46 4.21.9. Sewage Facility .......................................................................... 46 4.21.10.Waste Disposal Areas ................................................................ 46 4.21.11.TransCanada Pipeline ............................................................... 46 4.21.12.Established Building Line in a Built-up Area .............................. 46 4.21.13.Minimum Separation Distance Formulae ................................... 47 4.22. THROUGH LOTS .................................................................................... 47 4.22.1. Frontage on More than One Street ............................................ 47 4.22.2. Frontage on More than One Navigable Waterway .................... 47 4.23. VISUAL BARRIERS ................................................................................ 47 4.23.1. Visual Barrier Contents .............................................................. 48 4.23.2. Visual Barrier Height .................................................................. 48 4.23.3. Driveway or Walkway through Visual Barrier ............................. 48 4.24. FRONTAGE ON PROVINCIAL HIGHWAY OR MUSKOKA CLASS A & B ROAD ............................................................................... 48 4.25. MUNICIPAL WATER AND SEWER SERVICES .................................... 48 4.25.1. Detached Dwellings on Existing Lots not on Full Services ........ 48 4.25.2. Detached Dwellings not on Full Services .................................. 49 4.25.3. Lands East of King's Highway No. 11 ........................................ 49 4.25.4. Availability of Services ............................................................... 49 4.26. CONDOMINIUM PHASING .................................................................... 49 TABLE OF CONTENTS 5. PARKING AND LOADING .................................................................................. 50 5.1. PARKING AREA REQUIREMENTS ....................................................... 50 5.2. EXCLUSIVE NATURE OF PARKING SPACE ....................................... 50 5.3. SIZE OF PARKING SPACE AND AISLE WIDTHS ................................ 50 5.4. LOCATION OF USE AND PARKING ..................................................... 50 5.5. PARKING AREA BUFFERS ................................................................... 51 5.6. MORE THAN ONE USE ON A LOT ....................................................... 51 5.7. PARKING IN THE DOWNTOWN CORE ................................................ 51 5.8. PARKING AREA LOCATION ON LOT ................................................... 51 5.9. USE OF DRIVEWAYS FOR PARKING .................................................. 52 5.10. RESIDENTIAL DRIVEWAY PROVISIONS ............................................. 52 5.11. CONSTRUCTION OF PARKING SPACES, PARKING AREAS AND DRIVEWAYS .................................................................................. 52 5.12. LANDSCAPING IN PARKING AREAS ................................................... 52 5.13. PARKING OF COMMERCIAL VEHICLES.............................................. 53 5.13.1. Residential Zones ...................................................................... 53 5.13.2. Transport Trailers ....................................................................... 53 5.14. PARKING OF RECREATIONAL VEHICLES, TRAILERS AND BUSES 53 5.14.1 Residential Zones ........................................................................ 53 5.14.2 Shoreline Residential Zones ........................................................ 53 5.14.3 Rural Zones.................................................................................. 53 5.14.4 Motor Home and Travel Trailer - Human Habitation ................... 54 5.14.5 Vacant Lots .................................................................................. 54 5.14.6 Accessory Buildings and Structures .......................................... 54 5.14.7 Services ..................................................................................... 54 5.14.8 Buses ......................................................................................... 54 5.15. PARKING OF INOPERATIVE VEHICLES .............................................. 54 5.16. CALCULATION OF PARKING REQUIREMENTS ................................. 55 5.17. PARKING SPACE REQUIREMENT TABLE .......................................... 55 5.18. NUMBER OF ACCESSIBLE PARKING SPACES .................................. 58 5.19. ACCESS AISLES FOR ACCESSIBLE PARKING SPACES .................. 58 5.20. LOADING SPACE ................................................................................... 58 5.21. SIZE OF LOADING SPACE .................................................................... 59 5.22. LOCATION OF LOADING SPACE ......................................................... 59 5.22.1. Location on Lot........................................................................... 59 5.22.2. Setbacks Abutting a Residential or Shoreline Zone .................. 59 5.23. ADDITIONS TO BUILDINGS .................................................................. 59 5.24. LOADING AREAS IN THE DOWNTOWN CORE ................................... 59 5.25. BUFFERING OF LOADING AREAS ....................................................... 59 6. DEFINITIONS ....................................................................................................... 60 7. SPECIAL PROVISIONS ...................................................................................... 87 7.1. EXCEPTIONS ......................................................................................... 87 7.1.1. Residential Zone Exceptions ..................................................... 87 7.1.2. Shoreline Zone Exceptions ...................................................... 101 7.1.3. Commercial Zone Exceptions .................................................. 110 7.1.4. Tourist Commercial Zone Exceptions ...................................... 115 7.1.5. Industrial Zone Exceptions ....................................................... 118 7.1.6. Institutional Zone Exceptions ................................................... 123 7.1.7. Rural Zone Exceptions ............................................................. 125 7.1.8. Open Space Exceptions .......................................................... 132 7.1.9. Environmental Protection Zone Exceptions ............................. 133 TABLE OF CONTENTS 8. ENACTMENT ..................................................................................................... 134 APPENDIX A - MINIMUM DISTANCE SEPARATION APPENDIX B - HEIGHT OF PRINCIPLE BUILDING APPENDIX C - HEIGHT OF ACCESSORY BUILDING APPENDIX D - HEIGHT OF BOATHOUSE APPENDIX E - SHORELINE STRUCTURE COVERAGE AND PROJECTION CONVERSION TABLE FOR LENGTH CONVERSION TABLE FOR AREA SCHEDULES SCHEDULE A: ZONE SCHEDULE - URBAN CENTRE SCHEDULE B: ZONE SCHEDULE - MUSKOKA/MONCK WARD SCHEDULE C: ZONE SCHEDULE - MACAULAY WARD SCHEDULE D: ZONE SCHEDULE - DRAPER WARD SCHEDULE E: ZONE SCHEDULE - OAKLEY WARD SCHEDULE F: FLOODPLAIN PHASE I SCHEDULE G: FLOODPLAIN PHASE II SCHEDULE H: PARKING POLICY AREA SCHEDULE I: MUNICIPAL WATER AND SEWER SERVICES AREA PREAMBLE ____ Page i Introduction These pages explain the purpose of this Zoning By-law and how it should be used. These pages do not form part of the Zoning By-law passed by Council and are intended only to make the Zoning By-law more understandable and easier to reference. Purpose of This Zoning By-law The purpose of this Zoning By-law is to implement the policies of the Town of Bracebridge Official Plan. The Official Plan contains general policies that affect the use of land throughout the municipality. These policies specify where certain land uses are permitted and, in some instances, specify what regulations should apply to the development of certain lands. The Official Plan is a general document that is not intended to regulate every aspect of the built-form on a private lot. In the Province of Ontario, this is the role of the Zoning By-law. Once an Official Plan is in effect, any Zoning By-law passed by Council must conform to the Official Plan. For example, if the Official Plan stated that lands in the vicinity of a significant natural feature are to remain in their natural state, the Zoning By-law would prohibit the erection of buildings or structures on those lands. The statutory authority to zone land is granted by the Ontario Planning Act. The Planning Act specifies what a by-law can regulate. A Zoning By-law can: - prohibit the use of land or buildings for any use that is not specifically permitted by the By-law; - prohibit the erection or sitting of buildings and structures on a lot except in locations permitted by the By-law; - regulate the type of construction and the height, bulk, location, size, floor area, spacing, and use of buildings or structures; - regulate the minimum frontage and depth of a parcel of land; - regulate the proportion of a lot that any building or structure may occupy; - regulate the minimum elevation of doors, windows or other openings in buildings or structures; - require parking and loading facilities be provided and maintained for a purpose permitted by the By-law; and, - prohibit the use of lands and the erection of buildings or structures on land that is: - subject to flooding; - the site of steep slopes; - rocky, low-lying, marshy or unstable; - contaminated; - a sensitive groundwater recharge area or head water area; - the location of a sensitive aquifer; - a significant wildlife habitat area, wetland, woodland, ravine, valley or area of natural and scientific interest; - a significant corridor or shoreline of a lake, river or stream; or, - the site of a significant archaeological resource. PREAMBLE ____ Page ii How to Use This By-law In order to reference this By-law more easily, a property owner should follow each of the steps listed below to determine what permissions apply to their particular property. 1. Locate the Property on a Map Maps in a Zoning By-law are called 'Schedules'. The first step to using this By-law is to refer to the zone schedules that are contained in the Zoning Schedules book to determine in which zone category your property is located. The zone category will be indicated on the schedules by a symbol or abbreviation. For example, you may see a symbol such as "R1" beside your property. This would indicate that your property is within the 'Residential Type 1 Zone'. The zone symbols or abbreviations are explained on the first page of Section 2 of the By-law. Section 2 also provides assistance to help you identify the zone boundaries on the Schedules. For example, if your property appears close to a zone boundary and you are not sure how to determine exactly where that boundary is located, refer to Section 2.3 of the By-law. 2. By-law Amendments A Zoning By-law is not a static document; it is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that your property is not the subject of an earlier Zoning By-law amendment. These amendments are listed in Section 7 of this By-law. More recent amendments may not be included in the version of the By-law you are using. Staff in the Town's Development Services Department will be able to assist you to confirm if your property has been subject to a more recent by-law amendment. 3. Permitted Uses The next step to using this By-law is to determine what uses are permitted on your property. Section 3 of the By-law identifies the permitted uses for each zone in the municipality. The definitions in Section 6 can assist you if you are not sure of the nature of a use or how it has been defined for the purposes of this By-law. Words that are defined in Section 6 are italicized throughout the By-law. If a word is not italicized, it is not specifically defined. Uses, which are not identified as permitted uses within a particular zone are not permitted in that zone. 4. Zone Standards Steps 1, 2 and 3 have now identified the zone in which your property is located and have identified what uses are permitted on your property. The next step is to determine what standards may apply to the uses on your property. Section 4 of the By-law also identifies the zone standards for each zone in the municipality including standards for minimum lot area, minimum frontage requirements, minimum yard requirements, maximum lot coverage for buildings, maximum permitted height of buildings and in some cases, the minimum required landscaped area on the lot. PREAMBLE ____ Page iii 5. General Provisions Now that you are aware of the uses permitted on your property and the specific zone standards that apply to those uses, reference should be made to Section 4 of this By-law. Section 4 contains a more generic set of standards known as 'General Provisions' that apply to all properties in all zones throughout the municipality. For example, the general provisions contain standards that regulate the construction and location of docks, sleeping cabins and boathouses that apply to all properties regardless of where in the municipality a property is located. 6. Parking and Loading There is one final section of the By-law that should be consulted when determining what permissions apply to your specific property. Section 5 provides the parking and loading requirements for all permitted uses in the municipality. If you are considering changing the use of your property or adding a new use to your property, you should review Section 5 to ensure that you are aware of the parking requirements for the proposed use. 7. Conversion Table A conversion table from metric to imperial is provided in the back of this document to assist you in interpreting the Zoning By-law provisions. This conversion table is for reference purposes only and does not form part of the actual By-law Description of By-law Components This By-law contains eight sections, which together, provide the standards applicable to all lands within the municipality. These sections are as follows: Section 1 - Interpretation and Administration Section 2 - Establishment of Zones Section 3 - Zone Provisions Section 4 - General Provisions Section 5 - Parking and Loading Section 6 - Definitions Section 7 - Special Provisions Section 8 - Enactment The purpose of each of these sections is described below. Section 1.0 - Interpretation and Administration This section of the By-law specifies: - what lands are covered by the By-law; - that every parcel of land in the area covered by the By-law is to conform and comply with the By- law; and, - what penalties can be levied against a person or a corporation if they contravene any provision in the By-law. Section 2.0 - Establishment Of Zones This section establishes the Zones that apply to the lands covered by the By-law. This section also describes how to determine the location of the Zone boundaries on the schedules. PREAMBLE ____ Page iv Section 3.0 - Zone Provisions This section lists the uses that are permitted in each Zone. The effect of these Zones is to only permit certain uses in various parts of the municipality. The only uses permitted in a zone are those that are specified in the By-law. If a use is not specifically mentioned as a permitted use in a Zone then it is not permitted. Similarly, if a use is defined in Section 6.0 of the By-law but does not appear as a permitted use in any zone, then it is not a use permitted by the By-law. This section also contains a number of regulations that control the placement, bulk and height of a building on a lot. This includes regulations such as minimum lot size, minimum frontage, maximum building height or the maximum coverage of a building on a lot. The primary zone structure of this By-law includes a list of permitted uses and zone standards for each zone category. In some cases, an additional set of regulations are identified through the use of an Overlay Zone. An Overlay Zone is a second layer of zone regulations that are applied on top of the zone category requirements. An example of an Overlay Zone would be a Flood Plain Zone, therefore if a property was on the Muskoka River and was zoned Shoreline Residential Type 1 (SR1) it would also have a Floodway Phase I (F1) Zone over part of the property. In this situation both the provisions of the SR1 Zone and F1 Zone would have to be met. An Overlay Zone is a second level of standards that allow the Town of Bracebridge to address unique or special circumstances through the zoning process. Section 4.0 - General Provisions This section contains a number of regulations that apply to certain types of uses, buildings or structures regardless of where in the municipality or in what zone they are located. For example, this section contains provisions dealing with the construction of docks in any zone, or provisions to regulate the operation of home industries. Section 5.0 - Parking and Loading Parking and loading facilities are required for almost all uses within the municipality. This section provides the requirements for these facilities including such regulations as the number of spaces required for residential and commercial uses, minimum driveway width, minimum parking space size and the location of parking facilities on a lot. Section 6.0 - Definitions It is necessary to define words in a zoning By-law because it is a legal document. A By-law must be drafted so that it can be enforced in a court of law. These definitions will help provide clarity in the By-law and ensure that the By-law and its intent are applied consistently. Section 7.0 - Special Provisions This section contains regulations, which are specific to one property or a group of properties in the municipality. For example, the minimum front yard in a Zone may be 7.5 metres. The required front yard may be reduced to a lesser number if deemed appropriate and the mechanism to accomplish this reduction is by amending the By-law and excepting the property from the general standard. Exceptions to this By-law are provided in a consolidated list in Section 7. Exceptions are denoted on the Zone Schedules by the Zone symbol designating certain lands followed by a dash and a number, for example R1-1. Section 8.0 - Enactment This section contains the signatures of the Mayor and the Clerk who signed the By-law when it was passed by Council in accordance with Section 34 of the Planning Act, R.S.O. 1990. SECTION 1: INTERPRETATION AND ADMINISTRATION ____ 1 1. INTREPRETATION AND ADMINISTRATION 1.1. TITLE 1.1.1. This By-law may be referred to as the "Town of Bracebridge Zoning By-Law". 1.2. APPLICATION 1.2.1. The provisions of this By-law shall apply to all lands within the boundaries of the Town of Bracebridge. 1.3. INTERPRETATION 1.3.1. The provisions of this By-law are the minimum requirements except where it is indicated that a maximum requirement applies. 1.4. COMPLIANCE WITH BY-LAW 1.4.1. No land, building or structure may be used, erected or altered except in accordance with the provisions of this By-law. 1.4.2. Uses not listed as permitted uses or otherwise provided for in this By-law shall be prohibited. 1.4.3. In the event of any inconsistency or conflict between two or more provisions in this By- law, the more restrictive provision shall prevail. 1.5. REPEAL FORMER BY-LAW 1.5.1. Upon final approval of this By-law, By-law 2006-120 of the Town of Bracebridge and all amendments are repealed. 1.6. TRANSITION 1.6.1. Despite the provisions of Sections 1.4, where a use, building or structure has been authorized by a minor variance granted after September 17, 1997, the use, building or structure and all other specific requirements imposed by the minor variance, are also permitted and imposed by this By-Law. 1.6.2. Where the Town of Bracebridge has completed an agreement under the provisions of the Planning Act with a property owner and that agreement has been registered on the title of the property, to the extent that any conflict between the registered agreement and this By-law exist, the provisions in place on the date the agreement was registered will take precedence over the provisions and regulations of this By-law. 1.7. CHANGE IN USE 1.7.1. If any building is altered or changed to a different use, both of which are permitted within the particular Zone, all yards, loading and parking spaces must be provided as required by this By-law for the different use. SECTION 1: INTERPRETATION AND ADMINISTRATION ____ 2 1.8. DETERMINING ZONE BOUNDARIES 1.8.1. Where the boundary of any Zone is uncertain and: i) the boundary is shown as following a street, lane, railway right-of-way or watercourse, the centre line of the street, lane, railway right-of-way, electric transmission line right-of-way or watercourse is the boundary; ii) the boundary is shown as substantially following lot lines, the lot lines are the boundary; iii) the boundary is shown as running substantially parallel to a street line and the distance from the street line is not indicated, the boundary is deemed to be parallel to such street line and the distance from the street line is determined according to the scale shown on the Schedule; iv) where the boundary represents a natural feature, such as a wetland, the extent of the boundary will be determined on site by the Town; v) where a Zone on the Schedules abuts a waterway or original shore road allowance, such Zone shall be deemed to extend to the high water mark: and vi) where none of the above provisions apply, the Zone boundary will be scaled from the Schedule(s). 1.9. SPLIT ZONING 1.9.1. Where a lot contains more than one zone, the zone standards are based on the whole of the lot unless otherwise indicated in this By-law. 1.10. ENFORCEMENT 1.10.1. Any person who contravenes any provision of this By-law is guilty of an offense and upon conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O. 1990, and Chapter P.13 as amended. 1.11. SEVERABILITY 1.11.1. A decision of a Court that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this By-law SECTION 2: ESTABLISHMENT OF ZONES ____ 3 2. ESTABLISHMENT OF ZONES 2.1. ZONES 2.1.1. The provisions of this By-law apply to all lands within the limits of the Town of Bracebridge. All lands in the Town are zoned within one or more of the following zones: ZONE SYMBOL Residential Type 1 Zone R1 Residential Type 2 Zone R2 Residential Type 3 Zone R3 Residential Type 4 Zone R4 Shoreline Residential Type 1 Zone SR1 Shoreline Residential Type 2 Zone SR2 Shoreline Residential Type 3 Zone SR3 Shoreline Residential Type 4 Zone SR4 Shoreline Residential Type 5 Zone SR5 Waterfront Landing Zone WL Office Commercial Zone C1 Special Purpose Commercial Zone C2 General Commercial Zone C3 District Commercial Zone C4 Convenience Commercial Zone C5 South Bracebridge Commercial Zone C6 Tourist Commercial One Zone CT1 Tourist Commercial Two Zone CT2 Tourist Commercial Three Zone CT3 Business Park Industrial Zone M1 General Industrial Zone M2 Extractive Industrial Pit Zone M3P Extractive Industrial Quarry Zone M3Q Waste Disposal Industrial Zone M4 Rural Zone RU Rural Residential Zone RR Rural Commercial Zone RC Rural Industrial Zone RUM Rural Institutional Zone RUI Institutional Zone I Open Space One Zone OS1 Open Space Two Zone OS2 Open Space Three Zone OS3 Environmental Protection One Zone EP1 Environmental Protection Wetland One Zone EPW1 Environmental Protection Wetland Two Zone EPW2 Flood Plain One Zone F1 Flood Plain Two Zone F2 Flood Plain Three Zone F3 SECTION 2: ESTABLISHMENT OF ZONES ____ 4 2.2. LOCATION OF ZONES 2.2.1. The Zones and Zone boundaries are shown on Schedules 'A' through 'I', which are attached to and form part of this By-law. 2.3. ZONING OF WATERBODIES 2.3.1. All lands lying under a body of water are zoned as EP1 unless shown otherwise on the Schedules to this By-law SECTION 3: ZONE PROVISIONS 5 3. ZONE PROVISIONS 3.1. ZONES 3.1.1. Permitted uses and zone standards for the following Zones are provided in the following Sections: ZONE SECTION Residential Zones Section 3.2 Shoreline Zones Section 3.3 Commercial Zones Section 3.4 Tourist Commercial Zones Section 3.5 Industrial Zones Section 3.6 Institutional Zones Section 3.7 Rural Zones Section 3.8 Open Space Zones Section 3.9 Environmental Protection Zones Section 3.10 Flood Plain Zones Section 3.11 3.1.2. Permitted uses in a Zone are noted by the symbol '-' in the column for that Zone corresponding with the row for a specific permitted use. A number(s) following the symbol '-', or following the Zone heading, or following the name of a permitted use, indicates that one or more exceptions apply to the noted use or Zone. Exceptions are listed at the end of each table. 3.1.3. A number(s) following the Zone standard, Zone heading or the description of the standard, indicates an additional Zone requirement. These additional standards are listed at the end of each subsection. SECTION 3: ZONE PROVISIONS 6 3.2. RESIDENTIAL ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Residential Zones except in accordance with the following: 3.2.1. The following uses are permitted within the Residential Zones: PERMITTED USE R1 R2 R3 R4 Detached Dwelling - - - Semi-Detached Dwelling - - - (*1) Duplex Dwelling - - - (*1) Row Dwelling - - Triplex Dwelling - - Fourplex Dwelling - Apartment Dwelling - Group Housing - Home Occupation (*2) - - - - Bed & Breakfast (*3) - - - Group Home 'A' - Second Dwelling Unit (*4) - - - Hens, Backyard (*5) - 3.2.2. The following notations apply to Section 3.2.1 where indicated: (*1) Such dwelling is permitted in the R4 Zone provided it is in the form of Group Housing. (*2) A Home Occupation is only permitted in a detached dwelling, semi-detached dwelling or duplex dwelling. (*3) A Bed and Breakfast is only permitted in a detached dwelling. (*4) A second dwelling unit is permitted within a detached dwelling, semi-detached dwelling, duplex dwelling or row dwelling. The second dwelling unit is only permitted if the lot on which it is located meets the minimum lot area and lot frontage requirements for the zone in which it is located and the building in which the second dwelling unit is located meets all the zone standards. (*5) Backyard Hens are permitted provided the following: i) The keeping of Backyard Hens is accessory to a principal dwelling located on the same lot as the Backyard Hens; ii) The lot has a minimum lot area of 0.2 hectares; iii) The hens are kept in a screened or walled rodent and predator proofed building that is located in a rear yard with a minimum setback of 6.0 metres from any lot line and a minimum high water mark setback of 30 metres from any navigable waterway; and iv) The hens must be maintained in accordance with good animal husbandry practices as defined by the Ministry of Food And Agriculture. SECTION 3: ZONE PROVISIONS _____________________________________________________________________________ 7 3.2.3. The following zone standards apply to the Residential Zones: 3.2.3.1. Residential Zone Standards for Detached Dwellings ZONES R1 R2, R3 Minimum Lot Area: Public Water & Sanitary Sewers 555 m2 450 m2 (*2) Public Water & Private Sewage 695 m2 925 m2 Private Wells & Private Sewage 1390 m2 2040 m2 Minimum Lot Frontage: Public Water & Sanitary Sewers 18 m 15 m (*2) Public Water & Private Sewage 23 m 23 m Private Wells & Private Sewage 36 m 30 m Minimum Yard Requirements: Front Yard 7.5 m 7.5 m Exterior Side Yard 7.5 m 7.5 m Interior Side Yard (*1) (*1) Rear Yard 7.5 m 7.5 m Maximum Lot coverage 30% 35% Minimum Dwelling Size (GFA) 60 m2 60 m2 Maximum Height 9 m 9 m Min. Setback from Centerline of Road Provincial Road 26 m 26 m District Road 20.5 m 20.5 m Other 17.5 m 17.5 m Additional Zone Standards (*3) (*4) (*3)(*5) SECTION 3: ZONE PROVISIONS 8 3.2.3.2. The following notations apply to Section 3.2.3.1 where indicated: (*1) Minimum width is 3.0 metres on one side, 1.2 metres on the other side, plus 0.6 metres on the narrow side for each additional or partial storey above the first. Where the lot is a corner lot, the minimum width of the interior side yard is 1.2 metres plus 0.6 metres for each additional or partial storey above the first. For a lot that is on a plan of subdivision that is final approved after the date of passing of this By-law, the minimum width is 1.8 metres on one side and 1.2 metres on the other side plus 0.3 metres on the narrow side for each additional or partial storey above the first, and if the dwelling contains an attached garage, the 1.8 metres must be located on the interior side yard which contains the attached garage. (*2) For a corner lot, the minimum lot area is 555 m2 and the minimum lot frontage is 18 metres. (*3) The minimum interior side yard is 4.5 metres for any Non-Residential use. All other zone standards in Section 3.2.3.1 shall apply to any Non-Residential. (*4) A minimum of 60 percent of the front yard shall be landscaped area in the Residential Type 1 (R1) Zone. (*5) A minimum of 50 percent of the front yard shall be landscaped area in the Residential Type 2 (R2), and Residential Type 3 (R3) Zones. SECTION 3: ZONE PROVISIONS ___________________________________________________________________________________ 9 3.2.3.3. Residential Zone Standards for Multiple Residential Uses The following standards apply to individual dwelling units contained within the housing forms noted in the chart below: USE Semi- Detached Dwelling Duplex Dwelling Row Dwelling Triplex Dwelling Fourplex Dwelling Apartment Dwelling Group Housing ZONES R2, R3, R4 R2, R3, R4 R3, R4 R3, R4 R4 R4 R4 Minimum Lot Area: 325 m2 650 m2 230 m2 (*2) 850 m2 1205 m2 (*5) (*6) Minimum Lot Frontage: 10 m 20 m 6 m (*3) 25 m 30 m 36 m 36 m Minimum Yard Requirements: Front Yard 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m Exterior Side Yard 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m Interior Side Yard (*1) (*7) 4.5 m 4.5 m (*4) 7.5 m 7.5 m Rear Yard 7.5 m 7.5 m 10.5 m 10.5 m 10.5 m 10.5 m 10.5 m Maximum Lot coverage 30% 30% 35% 35% 35% 35% 35% Minimum Landscaped Area 30% 30% 30% 30% 30% 35% 40% Maximum Height 9m 9m 12.5m 12.5m 12.5m 12.5m 12.5m Min. Dwelling Size (GFA) 48 m2 per dwelling unit 48 m2 per dwelling unit 48 m2 per dwelling unit 48 m2 per dwelling unit 48 m2 per dwelling unit (*8) (*9) Min. Setback from Centerline of Road Provincial Road 26 m 26 m 26 m 26 m 26 m 26 m 26 m District Road 20.5 m 20.5 m 20.5 m 20.5 m 20.5 m 20.5 m 20.5 m Other 17.5 m 17.5 m 17.5 m 17.5 m 17.5 m 17.5 m 17.5 m SECTION 3: ZONE PROVISIONS ___________________________________________________________________________________ 10 3.2.3.4. Residential Zone Standards for Multiple Residential Uses (*1) The minimum interior side yard width for the side that is not attached to another dwelling is 3.6 metres provided that where a garage or carport is attached to or is within the main building, the minimum width of the interior side yard is 1.2 metres plus 0.6 metres for each additional or partial storey above the first. (*2) The minimum lot area for an end unit row dwelling is 278 m2. (*3) The minimum lot frontage for an end unit row dwelling is 12 metres. (*4) The interior side yard for a fourplex dwelling is the greater of one half of the height of the building or 3 metres. (*5) The minimum lot area for an apartment dwelling is 167m2 per dwelling unit plus 46m2 per bedroom in excess of two per dwelling unit. For the purpose of calculating the minimum lot area, the term "bedroom" includes any room intended to be used as a den or study. (*6) The minimum lot area is the sum of the minimum lot area requirements for each type of dwelling located on the lot. (*7) The minimum width is 3.6 metres on one side and 1.8 metres on the other side, provided that where two garages or carports are attached to or within the main building, or the lot is a corner lot, the minimum width of the interior side yard is 1.8 metres. (*8) The minimum required gross floor area for apartment dwellings is 18.5 m2. (*9) In the case of the minimum gross floor area per dwelling unit, the minimum requirements for each type of dwelling will be the minimum standards as noted by the type of dwelling. SECTION 3: ZONE PROVISIONS ___________________________________________________________________________________ 11 3.3. SHORELINE ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Shoreline Zones except in accordance with the following: 3.3.1. The following uses are permitted within the Residential Zones: PERMITTED USE SR1 SR2 SR3 SR4 SR5 WL Detached Dwelling - - - - - Seasonal Dwelling - - - - - Sleeping Cabin (*1) - - - - - Bed & Breakfast (*2) - - Home Occupation (*3) - - - - - Waterfront Landing - 3.3.2. The following notations apply to Section 3.3.1 where indicated: (*1) A sleeping cabin is permitted subject to the following: i) The use is accessory to a detached dwelling or seasonal dwelling on the same lot; ii) A maximum of one sleeping cabin is permitted, which may be located on the lot or in a boathouse extending from or adjacent to the lot; iii) A sleeping cabin cannot exceeding a gross floor area of 37 m2, which includes porches; iv) A sleeping cabin is permitted in a boathouse located over water, a detached garage or as a separate detached accessory building; v) A sleeping cabin is not permitted in the front yard but may be located in a boathouse projecting from the front yard over water; and vi) Any deck attached to a sleeping cabin cannot exceed a floor area of 50% of the gross floor area of the sleeping cabin. (*2) A Bed and Breakfast is permitted subject to the following: i) The use must be located in a detached dwelling or seasonal dwelling; ii) The use is only permitted on a lot meeting the minimum lot frontage and minimum lot area for the zone in which it is located; and iii) The use is only permitted if the detached dwelling or seasonal dwelling in which it is located complies with all the zone standards for the zone in which it is located (*3) A Home Occupation is only permitted subject to the provisions in Section 4.14. SECTION 3: ZONE PROVISIONS ______________________________________________________________________________ 12 3.3.3. The following zone standards apply to the Shoreline Zones: 3.3.3.1. Shoreline Zone Standards ZONES SR1 SR2 SR3 SR4 SR5 WL Shoreline Residential Over Threshold/ Lake Trout Lakes at Capacity Narrow Waterbody 90 to 150m in width Narrow Waterbody Less than 90m in width Water Access Residential Waterfront Landing Minimum Lot Area: 0.4 ha (*1) 0.6 ha 0.8 ha (*1) 0.1 ha Minimum Lot Frontage: 60 m (*1) 90 m 120 m (*1) 23 m Minimum Yard Requirements: Front Yard 20 m (*2) 30 m 30 m 30 m 30 m 20 m Exterior Side Yard 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m Interior Side Yard 4.5 m 4.5 m 4.5 m 4.5 m 4.5 m 4.5 m Rear Yard 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m Maximum Lot coverage (*3) (*3) (*3) (*3) (*3) 5% Minimum Dwelling Size (GFA) 60 m2 60 m2 60 m2 60 m2 60 m2 Not permitted Maximum Height 9 m 9 m 9 m 9 m 9 m 4.5 m Min. Setback from Centerline of Road Provincial Road 26 m 26 m 26 m 26 m 26 m 26 m District Road 20.5 m 20.5 m 20.5 m 20.5 m 20.5 m 20.5 m Other 17.5 m 17.5 m 17.5 m 17.5 m 17.5 m 17.5 m Additional Zone Standards (*4) (*4) (*4) (*4) (*4) (*5) (*6) SECTION 3: ZONE PROVISIONS 13 3.3.3.2. The following notations apply to Section 3.3.3.1 where indicated: (*1) The minimum lot area and lot frontage requirements of a lot in the Shoreline Residential Type 2 (SR2) Zone or Shoreline Residential Type 5 (SR5) Zone are the dimensions of that lot existing on the date of passage of this By-law. (*2) The minimum front yard in the Shoreline Residential Type One (SR1) Zone is 7.5 metres if the front lot line abuts a street. (*3) The maximum lot coverage for all buildings or structures located within 60 metres of the high water mark is 15% of the lot area within 60 metres of the high water mark. The maximum lot coverage of all buildings or structures located greater than 60 metres from any high water mark is 15% of the entire lot area. (*4) Where new development or redevelopment occurs within 60 metres of a navigable waterway, the lot on which the development or redevelopment occurs must contain a shoreline buffer with the following provisions: i) The shoreline buffer has a minimum depth of 15 metres inland from the high water mark; ii) The shoreline buffer must have a minimum width of 75% of the lot frontage; and iii) Where a legal non-complying building or structure is being reconstructed or expanded in accordance with Section 4.8 of this By-law then the shoreline buffer may be reduced to allow the reconstruction or expansion of a legal non-complying building or structure provided that within the shoreline buffer area no vegetation is cleared beyond 5 metres of the proposed building envelope. (*5) A building or structure is only permitted if the lot fronts onto or has deeded access to a lot that fronts onto one of the following: i) a year round municipally maintained road; ii) a seasonally maintained public road; or iii) a private road (*6) The following additional provisions apply to the Waterfront Landing (WL) Zone: i) Docks are the only permitted shoreline structures; ii) A dock is permitted to project a maximum of the lesser of the distance of the lot frontage or 30 metres; iii) The minimum setback from the interior side lot line and projection of an interior side lot line is 6 metres; iv) The total portion of a shoreline or projection of the shoreline occupied by docks on, connected to or adjacent to a lot must not exceed the lesser of 75% of the lot frontage; v) One boat slip is permitted per 4 metres of lot frontage; vi) A maximum of one accessory building is permitted, which is permitted to have a maximum gross floor area of 23 square metres and is only permitted to be used for storage; vii) A minimum of 50% of the lot must remain in a natural state; and viii) Parking areas must meet the minimum setback requirements of the WL Zone. SECTION 3: ZONE PROVISIONS 14 3.4. COMMERCIAL ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Commercial Zones except in accordance with the following: 3.4.1. The following uses are permitted within the Commercial Zones: PERMITTED USE C1 C2 C3 C4 C5 C6 Office Special Purpose General District Shopping Convience South BB Accessory Apartment Dwelling Unit - - (*7) - Artisan Studio - - - Convenience Store (*1) - - - - - (*8) Detached Dwelling - Department Store (*2) - - Drug Store (*3) - - -(*8) Farm Produce Retail Outlet - - Financial Institution - - Financial Services Establishment - - (*9) -(*7) - Fitness Centre - - - Fitness Studio - - - Funeral Home - Home Improvement Centre - (*9) - Hotel - - - -(*8) Marina Medical Clinic - (*10) -(*7) - Mobile Food Service - - - Motel - - - -(*8) Motor Vehicle Dealership - - Motor Vehicle Gasoline Bar - - - -(*8) Motor Vehicle Parts Establishment - - Motor Vehicle Repair Garage - - Office - (*10) -(*7) - Open Air Farmer's Market - Outside Display and Sale (*4) - - - Parking Area - - - - Personal Service Shop - - - - -(*8) Place Of Entertainment - - Printing And Publishing Establishment - - - Recreation Facilities Repair Shop - - Restaurant - - - -(*8) Restaurant, Drive-Thru - - - -(*8) Retail Store(*5) - (*9) - - -(*8) Shopping Centre - - Specialty Food Store - (*9) - - Supermarket (*6) - (*9) - -(*8) Tourist Establishment -(*8) Veterinary Clinic - Winery - (*11) - (*11) - (*11) SECTION 3: ZONE PROVISIONS 15 3.4.2. The following notations apply to Section 3.4.1 where indicated: (*1) A Convenience Store is permitted up to a maximum gross floor area of 350 m2 and the total floor area for all Convenience Stores in all C6 Zones must not exceed 1,000 m2. (*2) The maximum unit size for a Department Store is 5,000 m2. (*3) The maximum unit size for a Drug Store is 2,800 m2 in the C6 Zone and 4,000 m2 in the C2 and C4 Zones. (*4) Permitted only as an accessory use and in accordance with Section 4.18. (*5) The maximum unit size for a Retail Store is 600 m2 in the C6 Zone and 10,000 m2 in the C2 and C4 Zones. (*6) The maximum unit size for a Supermarket is 2,800 m2 in the C6 Zone and 4,000 m2 in the C2 and C4 Zones. (*7) In the General Commercial (C3) Zone on Manitoba Street the ground floor uses exclude the following: i) Accessory Apartment Dwelling Unit, Financial Services Establishment, Medical Clinic and Office for ground floor units that front on Manitoba Street between Ontario Street and Mary Street; and ii) Accessory Apartment Dwelling Unit for ground floor units that front on Manitoba Street between Mary Street and James Street. (*8) The total floor area of all Convenience Stores, Drug Stores and Supermarkets in all C6 Zones must not exceed 5,000 m2 and the total floor area of all uses in all C6 Zones must not exceed 11,600 m2. (*9) The minimum unit size is 185 m2. Neither a liquor store nor a beer store is permitted in the C2 Zone. (*10) A residential component must be retained when converted from an existing residential dwelling or constructing a new building or structure. (*11) The maximum unit size for a Winery is 250 m2 SECTION 3: ZONE PROVISIONS ________________________________________________________________________________ 16 3.4.3. The following zone standards apply to Commercial Zones: 3.4.3.1. Commercial Zone Standards ZONES C1 C2 C3 C4 C5 C6 Office Special Purpose General District Shopping Convience South BB Minimum Lot Area: 500 m2 0 m 0 m 8360 m2 500 m2 0 m Minimum Lot Frontage: 18 m 24 m 0 m 60 m 18 m 24 m Minimum Yard Requirements: Front Yard 7.5 m 7.5 m 0 m 12 m 7.5 m 7.5 m Exterior Side Yard 7.5 m 7.5 m 0 m 12 m 7.5 m 7.5 m Interior Side Yard 3 m 3 m(*1) 0 m (*1) 0 m (*1) 6 m 6 m (*1) Rear Yard 7.5 m 7.5 m 0 m 7.5 m (*2) 7.5 m 7.5 m Maximum Lot Coverage 33% 50% 80% 25% 33% 50% Minimum Landscaped Area 10% 10% 0% 10% 10% 10% Maximum Height 9 m 9 m 12 m 10.5 m 9 m 9 m Min. Setback from Centerline of Road Provincial 26 m 26 m 18 m 30.5 m 26 m 26 m District 20.5 m 20.5 m 13 m 25 m 20.5 m 20.5 m Other 17.5 m 17.5 m 10 m 22 m 17.5 m 17.5 m SECTION 3: ZONE PROVISIONS 17 3.4.3.2. The following notations apply to Section 3.4.3.1 where indicated: (*1) Where the interior side lot line abuts a Residential Zone, the minimum interior side yard is a minimum of 9 metres. (*2) Where the rear lot line abuts a Residential Zone, the minimum rear yard depth is 13.5 metres SECTION 3: ZONE PROVISIONS 18 3.5. TOURIST COMMERCIAL ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Tourist Commercial Zones except in accordance with the following: 3.5.1. The following uses are permitted within the Tourist Commercial Zones: PERMITTED USE CT1 CT2 CT3 Tourist Camping Marina Accessory Dwelling Unit( *1) - - - Accessory Apartment Dwelling Unit (*1) - - - Assembly Hall - (*5) - (*5) Camping Establishment - Convenience Store (*2) - - - Hotel - Marina - Motel - Open Air Farmer's Market - Outside Display and Sale (*3) - - - Parking Area - Place Of Entertainment - Recreation Facilities - - (*5) Restaurant - - (*5) - (*5) Restaurant, Drive-Thru - Retail Store (*4) - - - Tourist Establishment - 3.5.2. The following notations apply to Section 3.5.1 where indicated: (*1) A maximum of one of either an Accessory Dwelling Unit or Accessory Apartment Dwelling Unit is permitted. (*2) A Convenience Store is permitted as an accessory use only and up to a maximum gross floor area of 350 m2. (*3) Permitted only as an accessory use and in accordance with Section 4.18. (*4) A Retail Store is permitted only as accessory uses, provided that the use does not exceed a gross floor area of 350 m2. (*5) Permitted as an accessory use only. SECTION 3: ZONE PROVISIONS _____________________________________________________________________________ 19 3.5.3. The following zone standards apply to Tourist Commercial Zones: 3.5.3.1. Tourist Commercial Zone Standards ZONE TOURIST COMMERCIAL ZONE CT1 CT2 CT3 Minimum Lot Area: 1.2 ha (*1) 4 ha (*1) 0.8ha (*1) Minimum Lot Frontage: 45 m (*1) 100 m (*1) 75 m (*1) Minimum Yard Requirements: Front Yard 12 m 15 m 20 m Exterior Side Yard 12 m 15 m 15 m Interior Side Yard 6 m (*2) 15 m 6 m (*2) Rear Yard 7.5 m 15 m 15 m Maximum Lot Coverage 35% 35% 35% Minimum Landscaped Area 20% 10% 10% Maximum Height 9 m 9 m 9 m Min. Setback from Centerline of Road Provincial 30.5 m 33.5 m 33.5 m District 25 m 28 m 28 m Other 22 m 25 m 25 m Additional Zone Standards (*3) (*4) (*5) (*6) SECTION 3: ZONE PROVISIONS __ 20 3.5.3.2. The following notations apply to Section 3.5.3.1 where indicated: (*1) Where the lot is located within 150 metres of a waterbody determined to be Over Threshold or a Lake Trout Lake at Capacity, the minimum lot area and minimum lot frontage requirements for the lot are the dimensions of that lot on the date of passage of this By-law. (*2) Where the interior side lot line abuts a Residential or Shoreline Zone, the minimum interior side yard is a minimum of 9 metres. (*3) An additional 925 m2 of lot area, in addition to the minimum lot area required, is provided for each Tourist Cabin in excess of 8. (*4) The maximum density of camping sites is 15 sites per 0.4 hectares of land that is permitted for the siting of trailers. (*5) Accessory buildings or structures are permitted within a camping site designed for the parking of a motor home, travel trailer or park model trailer, subject to the following: i) steps and decks are permitting abutting a motor home, travel trailer or park model trailer provided the motor home, travel trailer or park model trailer can be removed from the site without removing the steps or deck; ii) One detached accessory building not exceeding 10 square metres is permitted and the accessory building shall only be used for storage; iii) If a motor home or a travel trailer is parked on the site, the total coverage of all accessory structures and accessory buildings cannot exceed 50 percent of the floor area of the motor home or travel trailer parked on the site; and iv) If a park model trailer is parked on the site, an addition to the park model trailer is permitted provided the addition is manufactured by the Original Equipment Manufacturer. For a site containing a park model trailer, the total coverage of all accessory structures and accessory buildings cannot exceed 100 percent of the floor area of the park model trailer, not including additions, parked on the site. (*6) The following provision will apply to a Marina use: i) The total portion of a shoreline or projection of the shoreline occupied by boathouses, boat ports, sundecks and docks on, connected or adjacent to a lot must not exceed 75% of the lot frontage; ii) Boathouses, boat ports, sundecks and docks are located no closer than 9 metres to a side lot line or the extension of the side lot line; iii) Docks may not project more than 30 metres from the high water mark; iv) Boathouses and boat ports may not project more than 20 metres from the high water mark; and v) The shoreline structures existing for a Marina use existing on the date of passage of this By-law are deemed to comply with the by-law. SECTION 3: ZONE PROVISIONS __ 21 3.6. INDUSTRIAL ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Industrial Zones except in accordance with the following: 3.6.1. The following uses are permitted within the Industrial Zones: PERMITTED USE M1 M2 M3P M3Q M4 Business Park General Extractive Pit Extractive Quarry Waste Disposal Artisan Studio - (*1) Assembly Hall - (*1) Audio Visual Studio - - Contractor's Yard - Day Nursery - Emergency Service Depot - Equipment Sales And Rental - - Farm Implement Dealer - Financial Services Establishment - Fitness Centre -(*1) Fitness Studio -(*1) Fuel Storage Tanks - Gravel Pit - - Home Improvement Centre - Indoor Storage Facilities - - Light Manufacturing (*7) - (*6) - Manufacturing and Processing Plant (*7) - Mobile Food Service - - Motor Vehicle Body Shop - Motor Vehicle Dealership - - Motor Vehicle Detailing Shop -(*1) -(*1) Motor Vehicle Parts Establishment - - Motor Vehicle Rental Agency - - Motor Vehicle Repair Garage - - Office - Outside Display and Sale - (*5) - (*5) Outside Storage (*4) - (*2) - (*2) - (*2) - (*2) - Passenger Transportation Depot - Personal Service Shop - (*6) Place of Entertainment - (*6) Printing and Publishing Establishment - - Quarry - Recreation Facilities - (*6) Rental Agency - - Repair Shop - - (*3) Restaurant - - SECTION 3: ZONE PROVISIONS __ 22 PERMITTED USE M1 M2 M3P M3Q M4 Business Park General Extractive Pit Extractive Quarry Waste Disposal. Restaurant, Drive-Thru - Retail Store - (*3) - (*3) Service Trade Shop -(*6) Sewage Facility - Training Centre - (*1) - Truck Or Transportation Depot - - Veterinary Clinic - Warehouse - - Waste Disposal Area - Water Treatment Plant - Wholesale Operations - - Winery(*7) - - Workshop - - 3.6.2. The following notations apply to Section 3.6.1 where indicated: (*1) Only permitted if connected to full municipal services. (*2) Outside Storage is permitted only as an accessory use. (*3) Permitted only as an accessory use provided the accessory use does not exceed 25% of the gross floor area. (*4) Outside Storage is only permitted provided: i) it is located in the rear yard; ii) a visual barrier is provided adjacent to any other use in accordance with the requirements of Section 4.23 of this By-law; iii) the height of the outdoor storage may not exceed the height of the lesser of 3 metres or the height of the visual barrier; iv) the maximum lot coverage of all building and the outdoor storage may not exceed fifty (50) percent of the lot area; and v) the maximum lot coverage of only the outdoor storage may not exceed twenty five (25) percent of the lot area. (*5) Permitted only as an accessory use and in accordance with Section 4.18. (*6) Only permitted if the use does not include or require direct consumption of water, except for auxiliary facilities such as washrooms, staff kitchen and lunchrooms or if the use is connected to municipal water and municipal sewer services. (*7) Only permitted if the use is not a high strength discharge use. SECTION 3: ZONE PROVISIONS _____________________________________________________________________________ 23 3.6.3. The following zone standards apply to Industrial Zones: 3.6.3.1. Industrial Zone Standards ZONES M1 M2 M3P and M3Q M4 Business Park General Extractive Waste Disposal Minimum Lot Area: Public Water & Sanitary Sewers 0 m2 0 m2 Not Permitted Not Permitted Public Water & Private Sewage 2322 m2 Not Permitted 0 m2 0 m2 Private Wells & Private Sewage Not Permitted Not Permitted 0 m2 0 m2 Minimum Lot Frontage: Public Water & Sanitary Sewers 30 m 30 m Not Permitted Not Permitted Public Water & Private Sewage 38 m Not Permitted 0 m 0 m Private Wells & Private Sewage Not Permitted Not Permitted 0 m 0 m Minimum Yard Requirements: Front Yard 15 m (*1) 21 m (*1) 30 m (*2) 60 m Exterior Side Yard 15 m (*1) 21 m (*1) 30 m (*2) 60 m Interior Side Yard 3 m (*1) 7.5 m (*1) 15 m (*2) 60 m Rear Yard 7.5 m (*1) 15 m (*1) 15 m (*2) 60 m Maximum Lot Coverage 50% 50% Not Applicable Not Applicable Minimum Landscaped Area 5% 5% 5% 5% Min. Setback from Centerline of Road Provincial 33.5 m (*1) 39.5 m (*1) 48.8 m (*2) 79 m District 28 m (*1) 35 m (*1) 43.5 m (*2) 74 m Other 25 m (*1) 31.5 m (*1) 40.5 m (*2) 71 m Additional Zone Standards (*3) (*3) (*3 ) SECTION 3: ZONE PROVISIONS ____________________________________________________________________ 24 3.6.4. The following zone standards apply to Industrial Zones: (*1) Where any Industrial Zone abuts a Residential Zone, the minimum setback from any lot line abutting such zone is increased by 9 metres. (*2) No building, plant or product stockpile is located within: i) 30 metres of any lot line other than a lot line abutting a Residential, Shoreline or Rural Residential Zone. ii) 90 metres of any lot line of any abutting Residential, Shoreline or Rural Residential Zone. (*3) i) Height of Building If any portion of a building is erected above a height of 12 metres, such portion must be set back from the centerline of the abutting street or from the front, side or rear lot line, as the case may be, in addition to the minimum setback, front, side or rear yard requirements of this By-law, a further distance of 0.3 metres for each 0.3 metres by which such portion of the building is erected above a height of 12 metres. In the M1 Zone the maximum height is 12 metres. ii) Property Abutting Railway Notwithstanding any other provisions of this By-law to the contrary, where any lot line or portion thereof abuts a railway right-of-way, no interior side or rear yard is required along that portion of the lot line. SECTION 3: ZONE PROVISIONS ____________________________________________________________________ 25 3.7. INSTITUTIONAL ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Institutional Zone except in accordance with the following: 3.7.1. The following uses are permitted within the Institutional Zones: PERMITTED USE I Arena - Assembly Hall - Cemetery - Day Nursery - Dormitory - Emergency Service Depot - Fitness Centre (*1) - Hospital - Library - Long-Term Care Home - Place of Worship - Public Housing (*2) - Public Office - Public Works Yard - Recreational Facilities - Retirement Home - School - 3.7.1.1. The following notations apply to Section 3.7.1 where indicated: (*1) Permitted as an accessory use only. (*2) Where an existing institutional building is converted to a Public Housing use, the existing setbacks, lot coverage and landscape area is deemed to comply with this By-law. SECTION 3: ZONE PROVISIONS ____________________________________________________________________ 26 3.7.2. The following zone standards apply to the Institutional Zones: Institutional (I) Zone Minimum Lot Area 0 m Minimum Lot Frontage 6 m Minimum Yard Requirements Front yard 7.5 m Exterior side yard 7.5 m Interior side yard 7.5 m Rear yard 7.5 m Maximum Lot Coverage 50% Minimum Landscaped Area 30% Maximum Height 10.5 m Min. Setback from Centerline of Road Provincial 26 m District 20.5 m Other 17.5 m SECTION 3: ZONE PROVISIONS ____________________________________________________________________ 27 3.8. RURAL ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Rural Zones except in accordance with the following: 3.8.1. The following uses are permitted within the Rural Zones: PERMITTED USE RU RR RC RUM RUI Rural Rural Res. Rural Comm. Rural Industrial Rural Institutional Accessory Dwelling Unit - (*5) -(*5) - Agricultural Use (*3) - Agricultural Use, Intensive (*3) - Bed & Breakfast Establishment - - Boarding Kennels (*3) - Bulk Fuel Sales (*3) - Cemetery - Convenience Store - Contractor's Yard (*3) - Detached Dwelling (*9) - - Emergency Services Depot - Equipment Sales and Rental (*3) - Forestry Operations (*3) - Garden Centre & Nursery - Group Home 'A' - - Hens, Backyard (*8) - - Hobby Farm (*3) - - (*2) Home Industry (*3) - - Home Occupation - - Hunt Camp (*9) - (*4) Market Garden (*3) - - Motor Vehicle Repair Garage (*3) - - Outside Display and Sale - (*1) - (*1) Personal Service Shop (*3) - Place of Worship - Public Office - Public Works Yard - Reforestation Activities/Tree Nursery -(*3) Sawmill (*3) - Second Dwelling Unit (*6) - - Service Trade Shop (*3) - Veterinary Clinic (*3) - - Woodland Retreat (*9) - (*7) 3.8.2. The following notations apply to Section 3.8.1 where indicated: (*1) Permitted only as an accessory use and in accordance with Section 4.18. (*2) A hobby farm is a permitted use provided it is clearly secondary and accessory to the permitted residential use and provided the hobby farm is for the use of the occupants of the dwelling unit. (*3) Not permitted within 150 metres of a navigable waterway. SECTION 3: ZONE PROVISIONS ____________________________________________________________________ 28 (*4) A hunt camp is only permitted provided: i) the use is located on a lot greater than 40 hectares; ii) the building does not exceed a total floor area of 100 m2 iii) the building is occupied for not more than 16 days in any month and not more than 60 days in any 12 month period. (*5) A maximum one Accessory Dwelling Unit is permitted provided it is not accessory to a Bulk Fuel Sales use. (*6) A Second Dwelling Unit is permitted provided the following: i) a maximum of one Second Dwelling Unit is permitted per lot; ii) the lot on which the Second Dwelling Unit is located meets the minimum lot area and minimum lot frontage requirementsfor the zone in which it is located; iii) the building in which the Second Dwelling Unit is located meets all zone standards; iv) the Second Dwelling Unit may be located in either a Detached Dwelling or in a separate detached accessory building with or without other accessory uses; and v) the maximum gross floor area of a Second Dwelling Unit is 75 square metres unless the Second Dwelling Unit is located within a Detached Dwelling. (*7) A Woodland Retreat is permitted provided the following: i) the use is located on a lot greater than 10 hectares; ii) the building does not exceed a total floor area of 60 m2 iii) the minimum setback from a watercourse is 100 metres. iv) the building is occupied for not more than 16 days in any month and not more than 60 days in any 12 month period. (*8) Backyard Hens are permitted provided the following: i) The keeping of Backyard Hens is accessory to a principal dwelling located on the same lot as the Backyard Hens; ii) The lot has a minimum lot area of 0.2 hectares; iii) The hens are kept in a screened or walled rodent and predator proofed building that is located in a rear yard with a minimum setback of 6.0 metres from any lot line and a minimum high water mark setback of 30 metres from any navigable waterway; and iv) The hens must be maintained in accordance with good animal husbandry practices as defined by the Ministry of Food And Agriculture. (*9) Only one of either a Detached Dwelling, Hunt Camp or Woodland Retreat is permitted on a lot. SECTION 3: ZONE PROVISIONS ________________ _______________________________________________________ 29 3.8.3. The following zone standards apply to the Rural Zones: 3.8.3.1. Rural Zone Standards ZONES RU RR RC RUM RUI Rural Rural Residential Rural Commercial Rural Industrial Rural Institutional Minimum Lot Area: 4.0 ha 2.0 ha 2.0 ha 4.0 ha 2.0 ha Minimum Lot Frontage: 120 m 90 m 90 m 120 m 90 m Minimum Yard Requirements: Front Yard 15 m 15 m 15 m 15 m 15 m Exterior Side Yard 15 m 15 m 15 m 15 m 15 m Interior Side Yard 4.5 m 4.5 m 6 m 6 m 6 m Rear Yard 7.5 m 7.5 m 7.5 m 10.6 m 7.5 m Maximum Lot Coverage 10% 15% 15% 10% 15% Minimum Dwelling Unit Size (GFA) 85 m2 85 m2 85 m2 85 m2 85 m2 Maximum Height 9 m 9 m 9 m 9 m 9 m Min. Setback from Centerline of Road Provincial 26 m 26 m 26 m 26 m 26 m District 20.5 m 20.5 m 20.5 m 20.5 m 20.5 m Other 17.5 m 17.5 m 17.5 m 17.5 m 17.5 m SECTION 3: ZONE PROVISIONS __________________________________________________________________________ 30 3.9. OPEN SPACE ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Open Space Zones except in accordance with the following: 3.9.1. The following uses are permitted in the Open Space Zones: PERMITTED USE OS1 OS2 OS3 Open Space One Open Space Two Open Space Three Assembly Hall - Golf Course - Mobile Food Service - Open Air Farmers' Market - Private Park - - Public Park - - - Recreation Facilities - Refreshment Pavilion or Booth - 3.9.2. No person shall use any land or erect, alter or use any building or structure for any open space uses except in accordance with the following: ZONE OS1 OS2 OS3 Minimum Lot Area: 0 m2 20 ha 0 m2 Minimum Lot Frontage: 0 m 60 m 0 m Minimum Yard Requirements: Front Yard 7.5 m 30 m 7.5 m Exterior Side Yard 7.5 m 30 m 7.5 m Interior Side Yard 7.5 m 30 m 7.5 m Rear Yard 7.5 m 30 m 7.5 m Maximum Lot Coverage 10% 5% 10% Maximum Height 9 m 10.5 m 9 m Min. Setback from Centerline of Road Provincial 26 m 26 m 26 m District 20.5 m 20.5 m 20.5 m Other 17.5 m 17.5 m 17.5 m SECTION 3: ZONE PROVISIONS __________________________________________________________________________ 31 3.10. ENVIRONMENTAL PROTECTION ZONES No person shall use any land or erect, alter or use any building or structure for any use in the Environmental Protection Zones except in accordance with the following: 3.10.1. The following uses are permitted in the Environmental Protection Zone: PERMITTED USE EP1 EPW1 EPW2 Env. Protection One Wetlands Provincially Significant Wetlands Existing Buildings or Structures - - - Structures for Flood or Erosion Control - 3.10.2. The following provisions apply to the Environmental Protection Zones: 3.10.2.1. No new structural development is permitted in any Environmental Protection Zone except that Accessory Shoreline Structures may be permitted in any EP1 zone subject to the provisions of Section 4.4. 3.10.2.2. Additions, alterations, or the reconstruction of an existing structure may be permitted within the building footprint that existed at the time of passing of this By-law 3.11. FLOOD PLAIN ZONES No person shall use any land or erect, alter or use any building or structure for any uses in the Flood Plain Zones except in accordance with the following: 3.11.1. The following uses are permitted in the Floodplain Zone: PERMITTED USE F1 F2 F3 Floodway Phase I Flood Fringe Phase I Flood Plain Phase II New Structure - (*1) - (*2) Existing Buildings or Structures - - - Boat Ports - - - Boathouse (*3) - Docks - - - Structures for Flood or Erosion Control - - - (*1) Structural development is permitted provided it is flood proofed to a minimum elevation of 0.5 metres above the Regulatory Flood Elevations. (*2) Before a building permit is issued, a survey must be submitted showing the Regulatory Flood Elevation and location of proposed structure(s) in relation to the Regulatory Flood Elevation and the original ground elevation. Structural development is not permitted where the depth of flooding would exceed 1.0 metres. (*3) A boathouse is not permitted either on a lot, extending from a lot or adjacent to a lot that fronts onto to the Muskoka River. SECTION 3: ZONE PROVISIONS __________________________________________________________________________ 32 3.11.2. The following are the zone standards for the F1, F2 and F3 Zones: 3.11.2.1. Other than footings, no structural development, including new buildings, additions, enlargements, septic tanks, and tile fields, may extend more than 1.0 metres below the Regulatory Flood Elevation. 3.11.2.2. Building height, other than boat ports or boathouses must be measured from the original grade, as opposed to finished grade. 3.11.2.3. Docks are restricted to floating types or those supported by piles and crib docks are not permitted. 3.11.2.4. Where the distance from shoreline to shoreline on the Muskoka River is less than 46 metres a dock or boat port may project a maximum of 6 metres from the shoreline. Where the distance from shoreline to shoreline on the Muskoka River is 46 metres or greater a dock or boat port may project a maximum of 8 metres from the shoreline. 3.11.2.5. Boat ports must be open on all sides below the Regulatory Flood Elevation. 3.11.2.6. Notwithstanding Section 4.8 of this By-law, existing buildings and structures which are destroyed by causes beyond the control of the owner may be reconstructed on the same foundation only where it is not possible to relocate outside of the Flood Plain, provided there is no increase in size or usability, and must be flood-proofed to a minimum of 0.5 metres above the Regulatory Flood Elevation. Minor repairs, renovations and building maintenance are permitted. Major repairs and renovations must be flood-proofed to a minimum of 0.5 metres above the Regulatory Flood Elevation. 3.11.2.7. Before a building permit is issued, detailed flood proofing techniques must be approved by the Building Department. All openings unless part of flood- proofing techniques must be a minimum of 0.5 metres above the Regulatory Flood Elevation. At the time of the foundation inspection and before further construction takes place, the permit holder (owner/contractor) is required to provide a certificate from a surveyor verifying that the said openings are above the required elevation. 3.11.3. Notwithstanding Sections 3.11.1 and 3.11.2 of this By-law, no new structural development including fill must occur in the Flood Plain Zones in the following areas: i) for the following distances upstream of the control sections: High Falls - to Highway No. 11 Duck Chutes - 100 metres Purbrook Rapids- 100 metres Crozier Falls - 125 metres May Chutes - 100 metres Slater Falls - 130 metres ii) for the following distances upstream and downstream of bridges: Black Bridge - 140 metres Purbrook Bridge - 100 metres Fraserburg Bridge - 440 metres iii) within 100 metres of the South Falls Dam SECTION 4: GENERAL PROVISIONS 33 4. GENERAL PROVISIONS 4.1. APPLICATION The provisions of this section of the By-law apply to all lands in the Town of Bracebridge. 4.2. USES PERMITTED IN ALL ZONES The uses identified in this subsection are permitted in all zones. 4.2.1. Accessory Buildings, Structures and Uses Accessory buildings, structures and uses are permitted in all zones subject to the following provisions: i) The principal building or structure must already be established on the same lot unless specifically permitted prior to the principal building or structure in this By- law. ii) No detached accessory building or accessory structure may be used for human habitation or an occupation for gain, unless specifically permitted by this By-law. iii) Unless otherwise specified in Sections 4.3 or 4.4 of this By-law, detached accessory buildings and structures must meet the minimum yard requirements for the zone in which they are located and they are not permitted to be located in any front yard or exterior side yard or in any required yard. iv) The total lot coverage of all accessory buildings and structures on an individual lot may not exceed 10 percent of the lot area and shall be included in the total permissible lot coverage in the zone. v) The height of any accessory building or structure, with the exception of a boat port or a single storey boathouse, may not exceed 7.0 metres. Any floor area above the first floor with a ceiling height of more than 2.0 metres cannot exceed a maximum floor area of 37 square metres with the exception of where an accessory building contains a Second Dwelling Unit on the second floor then the floor area above the first floor cannot exceed a maximum of 75 square metres. vi) A maximum of two (2) accessory buildings or structures are permitted in an R1 or R2 Zone. A maximum of three (3) accessory buildings or structures are permitted in a Shoreline Zone with the exception of a dock, a pumphouse with a floor area less than 4 square metres, a privy with a floor area less than 4 square metres, or a leanto for wood storage with a roof area less than 10 square metres. vii) With the exception of a portion of an accessory building or structure used for a second dwelling unit, the maximum number of plumbing fixtures in an accessory building or structure is three (3) and all plumbing fixtures must be contained within the same enclosed room. viii) No transport trailer, storage container or shipping container must be used as an accessory building or structure unless specifically permitted in this By-law. SECTION 4: GENERAL PROVISIONS 34 ix) The maximum width of doors for vehicle access to an attached private garage zoned in an R1, R2 or R3 Zone are as follows: a. A maximum of 40 percent of the lot frontage for a lot with a frontage greater than 12.5 metres; b. A maximum of 50 percent of the lot frontage for a lot with a frontage of 12.5 metres or less; or c. No maximum width, if the doors for vehicular access are located on a façade facing an interior side or rear lot line. x) Notwithstanding the provisions for accessory buildings or structures in this By- law to the contrary, the following provisions apply to outdoor furnaces: a. Only permitted in the SR1, SR2, SR3, RU, RR, RC and RUI zones; b. Must be located on a lot with a minimum lot area of 1.0 hectare; and c. Minimum interior side yard and rear yard of 15 metres. 4.2.2. Public Uses The provisions of this By-law will not apply to prevent the use of any land, building or structure, or parking by any public authority provided that such use complies with all applicable regulations and parking and loading requirements for the zone in which it is located. 4.2.3. Streets and Installation Nothing in this By-law will prevent land from being used as a municipal road allowance, publicly owned trail or right-of-way nor prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas main, pipe line or overhead or underground hydro, telephone or other utility supply or communication lines. 4.2.4. Temporary Construction Uses A tool shed, construction trailer, scaffold or other building or structure incidental to construction may be erected on the lot where construction is taking place provided that a building permit has been issued and remains valid. 4.3. ENCROACHMENT INTO REQUIRED YARDS The following uses may be permitted in a required yard in accordance with the following provisions: 4.3.1. Balconies, Porches, Decks, Steps, Patios or Ramps Balconies, porches, decks, steps, ramps, lifts or patios, covered or uncovered, may project into any required yard a maximum distance of 1.5 metres, provided they are not closer than 1.2 metres to any lot line, and provided that, in the case of steps or patios, these uses are not more than 1.8 metres above grade. Where the top of the finished floor of any balcony, porch, deck, steps or patio is more than 1.8 metres above the finished grade directly below the balcony, porch, deck, steps or patio, the minimum yard requirements for the principal use apply. Stairs, walkways, landings and ramps, no more than 0.5 metres above grade and no wider than 1.2 metres are permitted in any required yard. Ramps that are designed to an accessible standard under the Ontario Building Code are permitted in any required yard. SECTION 4: GENERAL PROVISIONS 35 4.3.2. Fire Escapes Unenclosed fire escapes may encroach into any required yard a maximum distance of 1.2 metres. 4.3.3. Accessory Buildings or Structures in Residential, Shoreline and Rural Residential Zones Accessory buildings or structures in Residential, Shoreline and Rural Residential Zones may only be erected and used in an interior side yard or rear yard unless otherwise specified in Sections 4.3. or 4.4 of this By-law: i) Accessory Buildings or Structures in the Rear Yard Where an accessory building or structure is located in a rear yard, it must not be closer than 1.2 metres to the interior side lot line or rear lot line, provided it is a minimum of 20.5 metres from the centerline of any District or Provincial street and provided it is a minimum of 17.5 metres from the centerline of any other street. ii) Accessory Buildings or Structures in the Interior Side Yard Where an accessory building or structure is located in an interior side yard, it must meet the minimum interior side yard for the main structure of the zone in which it is located, except where a common semi-detached garage is being erected simultaneously on both sides of the lot line, as one building, in which case no interior side yard to the accessory building is required 4.3.4. Accessory Buildings or Structures in the Front Yard in the Rural Zone In a RU Zone, one Accessory Building or Structure may be permitted in the front yard or exterior side yard, subject to the following provisions: i) The Accessory Building or Structure is located no closer than 30 metres to any front lot line or exterior side lot line. ii) The Accessory Building or Structure is located no closer than 9 metres to any side lot line. iii) The Accessory Building or Structure is no larger than 65 m2 if located closer than 60 metres to any front lot line or exterior side lot line. iv) The Accessory Building or Structure is not used as part of a home industry. 4.3.5. Pumphouse One (1) pumphouse is permitted to be located in the front yard provided the pumphouse does not exceed a floor area of 4 square metres and is located a minimum of 3.0 metres from any side lot line. 4.3.6. Gazebo Where a lot fronts on a navigable waterway, one gazebo may be permitted in the required front yard, provided the gazebo has a gross floor area of less than 10 m2 with the exception of a R1 or R2 Zone where the front lot line abuts a street then one gazebo may be permitted in the required rear yard, provided it has a gross floor area of less than 10 m2. A gazebo is not permitted on a dock. SECTION 4: GENERAL PROVISIONS 36 4.3.7. Generator A generator is only permitted in an interior side yard or rear yard and must meet the minimum yard requirements of the principal building for the zone in which the generator is located. 4.3.8. Hot Tub A hot tub is permitted in any yard provided it is meets the minimum interior side yard for the zone in which the hot tub is located. A hot tub is not permitted on a dock or in or on a boathouse that is located above water. 4.3.9. Tents and Pools Tents or Pools may only be erected and used in the interior side yard or rear yard. The setback requirements from Section 4.3.3 applies to pools and tents. 4.3.10. Accessory Structures Drop awnings, flag poles, garden trellises, retaining walls, and fences may be permitted in any required yard. 4.3.11. Signs Signs may be permitted in any required yard provided they comply with any by-laws of the Town of Bracebridge or any other authority that govern the erection of signs 4.3.12. Ornamental Structures Sills, chimneys, cornices, eaves, gutters, parapets, pilasters, or other ornamental structures may project into any required yard or the area between the street line and the required setback a maximum distance of 0.5 metres. 4.4. ACCESSORY SHORELINE STRUCTURES In all zones, except an EPW2 Zone, boathouses, boat ports, docks, and sundecks are permitted as accessory structures to the principal use located on a lot with frontage on a navigable waterway and subject to the following provisions: 4.4.1. Boathouses, Boat Ports and Docks Notwithstanding Sections 4.3.3. and 4.21 of this By-law, boathouses, boat ports and docks are permitted to extend from, be adjacent to or be located in the front yard of a lot fronting on a navigable waterway subject to the following provisions: i) A boat port where the roof is capable of being used for a deck or a single storey boathouse is only permitted to extend from, be adjacent to or located on a lot with a minimum lot frontage of 30 metres, except for where the boat port is extending from, adjacent to or located on a lot zoned R1 or R2 then the minimum lot frontage is 18 metres; ii) A two storey boathouse is only permitted to extending from, be adjacent to or located on a lot with a minimum lot frontage of 90 metres on Lake Muskoka. SECTION 4: GENERAL PROVISIONS 37 iii) The minimum setback from a side lot line and the 30 metre extension of a side lot line is: a. 5 metres for a dock; b. 5 metres for a boat port where the roof is not capable of being used for a deck; c. 9 metres for a dock or boat port extending from, adjacent to or located on a lot zoned SR3 or SR4; d. 9 metres for a boat port where the roof is capable of being used for a deck, except for where the boat port is extending from, adjacent to or located on a lot zoned R1 or R2 in which case the setback is 5 metres; and e. 9 metres for a single storey boathouse or two storey boathouse; iv) Boathouses and boat ports may not project more than 15 metres from the high water mark except for boat ports located on the Muskoka River, which must meet the maximum projection in Section 3.11.2.4 of this By-law; v) Docks may not project more than 20 metres from the high water mark except for docks located on the Muskoka River, which must meet the maximum projection in Section 3.11.2.4 of this By-law; vi) A boat port, single storey boathouse or two storey boathouse shall not be used for human habitation with the exception of the second storey of a two storey boathouse which may be used as a sleeping cabin subject to the provisions of Section 3.3.2 (*1); vii) The height of a boat port or single storey boathouse is a maximum of 5.0 metres. viii) The height of a two storey boathouse is a maximum of 7.0 metres. A two storey boathouse which has a floor area above the first floor with a ceiling height of more than 2.0 metres cannot exceed a maximum floor area of 37 square metres; ix) One dock is permitted prior to the principal building in a Residential or Shoreline Zone; x) The setback and projection provisions of this section shall not apply to Waterfront Landings as the setback and projection in Section 3.3.3.2 for Waterfront Landings shall prevail; and xi) The setback and projection provisions of this section shall not apply to Marinas as the setback and projection in Section 3.5.3.2 for Marinas shall prevail. 4.4.2. Sundecks Any portion of the dock structure extending onto the land above the high water mark is a sundeck. Sundecks will be subject to the following provisions: i) Sundecks are located no closer than 5 metres to any side lot line; ii) A sundeck must extend no further inland than 5 metres from the high water mark; iii) The total width of a sundeck on a lot must not exceed the lesser of 25% of the lot frontage or 22 metres. SECTION 4: GENERAL PROVISIONS 38 4.4.3. Total Occupied Portion of a Shoreline The total portion of a shoreline or projection of the shoreline occupied by boathouses, boat ports, sundecks and docks on, connected or adjacent to a lot must not exceed the lesser of 25% of the lot frontage or 22 metres. This section does not apply to Waterfront Landings or Marinas. 4.5. SHIPPING CONTAINERS No person shall place a shipping container in any Zone except in accordance with the following: i) The use of a shipping container is only permitted in a RU, RUM, M1 or M2 Zone as an ancillary use to a permitted use on a lot where a principal building exists. ii) Unless stated elsewhere in this By-law the number of shipping containers permitted ancillary to a permitted use for storage purposes is limited to the following: a. A maximum of three (3) in an M1 or M2 Zone; and b. A maximum of one (1) in the RUM or RU Zone iii) In an M1 or M2 Zone a shipping container is only permitted on a lot with a minimum lot area of 0.3 hectares. iv) In a RU or RUM Zone a shipping container is only permitted on a lot with a minimum lot area of 2.0 hectares. v) A shipping container must not exceed a height of 3 metres and a total length of 12.5 metres. vi) A shipping container must be located in an interior side or rear yard, meet the minimum yard requirements from the zone in which it is located and be setback a minimum of 30 metres from any street line. In a RU or RUM Zone, a shipping container must also be setback a minimum of 15 metres from any interior side lot line. vii) A visual barrier is required between a shipping container and a street line, an interior side lot line and a rear lot line. viii) A shipping container must not be located in a required parking area or encroach into a required landscaped area. ix) A shipping container must not be stacked on top of another shipping container. x) Notwithstanding the provisions of this section, a shipping container having a maximum height of 3 meres and a maximum length of 6 metres is permitted in the driveway on a residential zoned lot for a period not exceeding five (5) days and only for the purpose of loading or unloading of household items during the process of moving. In no case may a shipping container encroach onto a public sidewalk, be located closer than 0.3 metres from the back of curb in situations where no sidewalks exists, or create a site line obstruction. xi) Notwithstanding the provisions of this section, a shipping container is permitted on a construction site in any zone being developed on a standalone basis or under a plan of subdivision for the purpose of storing equipment and materials incidental to construction, subject to the following: a. The shipping container may have a maximum height of 3 metres and a maximum length of 12.5 metres; SECTION 4: GENERAL PROVISIONS 39 b. No more than two (2) shipping containers are permitted on a lot; and c. The shipping container(s) must be removed within the lesser of one year or 30 days of completion of the work. xii) A shipping container must not be placed for the purpose of display or advertising. xiii) A shipping container must not be used for the purpose of screening or fencing. xiv) Notwithstanding any other provisions to the contrary, a shipping container must not be used for the purpose of a commercial storage facility or for human habitation. 4.6. DWELLING AS MAIN USE In any zone in which a Detached Dwelling or Seasonal Dwelling is permitted, the Detached Dwelling or Seasonal Dwelling is considered the main use. 4.7. NON-CONFORMING USES The provisions of this By-law will not apply 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 date of passing of this By-law, and provided that the lot, building or structure continues to be used for that purpose. 4.8. NON-COMPLYING BUILDINGS OR STRUCTURES A legal non-complying building or structure, except for a barn, may be enlarged, repaired, renovated or reconstructed provided that: i) the enlargement, repair, renovation or reconstruction does not further increase the extent of the non-compliance; ii) the enlargement, repair, renovation or reconstruction complies with all other applicable provisions of this By-law; iii) a legal non-complying building or structure or part thereof, may be demolished and reconstructed provided: a. the legal non-complying building or structure is in the same location as the existing structure or in a location that provides a greater setback(s) than the existing non-complying setback even if the new setback does not comply with this By-law; b. the floor area of the legal non-complying building or structure is not increased except in accordance with the provisions of Sections 4.8 iv) and v); c. the height of the legal non-complying building or structure is not increased except as permitted by Section 4.8 vii); d. a building location survey prepared by an Ontario Land Surveyor for the original and new building or structure is provided to the Town; e. a demolition permit has been issued for the removal of the existing legal non- complying building or structure; and f. in the case where a legal non-complying building or structure contains a dwelling unit a Site Plan Agreement is entered into with the Town; SECTION 4: GENERAL PROVISIONS 40 iv) if the enlargement of the legal non-complying building or structure can meet all the minimum yard requirements for the zone in which it is located, there are no limits on the floor area of the enlargement with the exception of the maximum lot coverage for the in which it is located; v) if the enlargement of the legal non-complying building or structure cannot meet all the minimum yard requirements for the zone in which it is located, the enlargement cannot exceed the following: a. in the case where a legal non-complying building or structure contains a dwelling unit the lesser of fifty (50) percent of the original gross floor area of the existing non-complying building or structure, as of the date of passing of this By-law or 92.9 square metres of total floor area; b. in the case where a legal non-complying building or structure does not contain a dwelling unit, other than a deck or a porch, the lesser of fifty (50) percent of the original gross floor area of the existing non-complying building or structure, not including any decks or porches, as of the date of passing of this By-law or 92.9 square metres of total floor area; or c. in the case where the legal non-complying structure is a deck or a porch, the lesser of fifty (50) percent of the original floor area of the existing non- complying structure, as of the date of passing of this By-law or 92.9 square metres of floor area; vi) the height of the legal non-complying building or structure must not be increased, unless the addition to the legal non-complying building or structure meets all the setbacks for the zone in which it is located, then the addition must not exceed the maximum height requirement for the zone, in which it is located or if the legal non-complying building or structure is an accessory structure, the addition must not exceed the height requirements set out in Section 4 of this By-law; vii) notwithstanding Section 4.8 vi), if the wall height of an addition to a legal non- complying building or structure is at the same or lesser height than the original legal non-complying building or structure and the peak of the new roof is not increased, then the subsequent increase in height due to the increase in building footprint is permitted; viii) a building or structure, which at the date of passing of this By-law, was used for a purpose not permissible within the Zone in which it is located, must not be enlarged unless such building is thereafter to be used for a purpose permitted within such Zone, and complies with all requirements of this By-law for such Zone; ix) nothing in this By-law shall apply to prevent the reconstruction of any legal non- complying building or structure, which is damaged by causes beyond the control of the owner, provided the reconstruction occurs within 5 years of the damage being caused to the legal non-complying building or structure; x) the total floor area of the enlargement of a deck or porch attached to a dwelling cannot exceed fifty (50) percent of the original total floor area of the existing legal non-complying deck as of the date of passing of this By-law, and the enlargement of a deck or porch must be located a minimum of 10 metres from the high water mark of any waterbody or watercourse; and xi) the conversion of a legal non-complying deck to a porch is not permitted. SECTION 4: GENERAL PROVISIONS 41 4.9. NON-COMPLYING LOTS A lot which existed legally prior to the enactment date of this By-law, that does not meet the lot area or lot frontage or both requirements of the applicable Zone, is deemed to comply with the lot requirements. Additionally, if a lot has been created or reduced in size by a consent granted by the Committee of Adjustment and the lot does not meet the lot area or lot frontage or both requirements of the applicable Zone, the lot is deemed to comply with those lot requirements, if the deficiency in lot area or lot frontage or both requirements does not exceed 10% of those lot requirements. If the lot area or lot frontage or both dimensions of a lot, which existed legally prior to effective date of this By-law, is enlarged, the lot is deemed to comply with those lot requirements of this By-law. Such lots may be used and buildings may be erected, enlarged, repaired or renovated on the lot provided that the use and the buildings or structures comply with all of the other provisions of this By-law. 4.10. FRONTAGE ON A PUBLIC STREET, CONDOMINIUM ROAD OR NAVIGABLE WATERWAY No person will erect any building or structure in any Zone, except for a Hunt Camp or Woodland Retreat, after the date of passing of this By-law, unless the lot upon which the building or structure is to be erected has frontage on: i) a year round maintained public road; ii) a condominium road; iii) a road, which is identified on a draft plan of subdivision, to be assumed and maintained by a public authority; or iv) if the lot is located in a Shoreline or Tourist Commercial Zone and was created after the passing of this By-law it may front on: a. a navigable waterway; b. a year round maintained public road; or c. a condominium road or v) if the lot is located in a Shoreline or Tourist Commercial Zone and was created before the passing of this By-law it may front on: a. a navigable waterway; b. a year round maintained public road c. a condominium road d. a seasonally maintained public road, or e. a private road 4.11. HEIGHT EXCEPTIONS The height regulations contained in this By-law do not apply to the following: i) any church spire or church belfry; ii) in any Non-Residential Zone any ornamental dome, cupola, clock tower, or chimney, occupying in the aggregate less than 10% of the area of the roof of the building on which they are located; iii) in any Residential Zone any ornamental dome, cupola, clock tower, or chimney, occupying in the aggregate less than 10% of the area of the roof of the building on which they are located may not project more than 1.5 metres above the peak of the roof of the building they are located; SECTION 4: GENERAL PROVISIONS 42 iv) in a Rural Zone any flag pole, water storage tank, radio or television antennae, silo, windmill or any similar structure may have a maximum height of 13 metres, provided the structure has a minimum setback of 15 metres from any lot line. 4.12. HOBBY FARM Where permitted, the following are the requirements for a hobby farm: i) the minimum lot area is 2 hectares; ii) the minimum lot frontage is 100 metres; iii) only one barn is permitted; iv) the maximum height of the barn is 5.5 metres; v) the maximum ground floor area of the barn is 93 m2; vi) the barn may not be located in the front yard or within 30 metres of the side or rear lot lines. 4.13. HOME INDUSTRY Where a home industry is permitted, the following provisions apply: i) there is no external advertising other than a sign erected in accordance with any by-laws of the Town of Bracebridge or District regulating signs; ii) there is no accessory outside storage; iii) the use is clearly secondary to the main residential use and does not change the residential character of the dwelling unit nor create a nuisance, in particular, in regards to noise, traffic, parking or vibration; iv) only the sale of goods produced on the premises is permitted; v) the use does not interfere with radio or television reception; vi) not more than two (2) employees, in addition to residents of the dwelling, are engaged in the business and working from the lot; vii) the lot is a minimum of 0.8 hectares in area; viii) the total floor area used for the home industry does not exceed 46.5 m2; ix) accessory buildings used for a home industry may not be located within the front yard or the exterior side yard of the lot, or within 4.5 metres of the side or rear lot line; x) the use shall not include the generation of or storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 under the Environmental Protection Act RSO; xi) the home industry cannot operate between the hours of 9:00pm and 7:00am. SECTION 4: GENERAL PROVISIONS 43 4.14. HOME OCCUPATION Where a home occupation is permitted, the following provisions apply: i) there is no external advertising other than a sign erected in accordance with any by-laws of the Town of Bracebridge or District regulating signs; ii) Only residents of the dwelling in which the home occupation is located, are engaged in the business and working from the dwelling; iii) the use is restricted to the dwelling unit and may not be conducted in whole or in part in any accessory building; iv) not more than 25% of the total floor area of the dwelling unit is used for the purposes of home occupation; v) there is no accessory outside storage; vi) only the sale of goods produced on the premises is permitted; vii) the use does not interfere with television or radio reception of others in adjacent buildings or structures; viii) the use is clearly secondary to the main residential use and does not change the residential character of the dwelling unit nor create a nuisance, in particular, in regards to noise, traffic, parking or vibration; ix) the use shall not include the generation of or storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 under the Environmental Protection Act RSO; x) the home occupation cannot operate between the hours of 9:00pm and 7:00am. xi) Notwithstanding any provisions to the contrary, a home occupation for temporary care and guidance of children must meet the following criteria: a. A maximum of 6 children are permitted including those of the residents; b. Not more than one employee, in addition to the residents of the dwelling are engaged in the business and working from the lot; and c. The hours of operation for a home occupation shall only apply to the care and guidance of children occurring outside the dwelling. 4.15. GARAGE SALES A maximum of three garage sales are permitted to be conducted on any given property in any one calendar year and each separate sale is limited to a maximum duration of two consecutive days. 4.16. HEALTH HAZARDS Notwithstanding anything contained in this By-law, no land or building in any zone must be used for any purpose, which from its nature or from the material used, is declared to be a health hazard under the Health Protection and Promotion Act without the consent of the local medical officer of health as provided in that Act. SECTION 4: GENERAL PROVISIONS 44 4.17. NUMBER OF DWELLING UNITS ON A LOT Only one detached dwelling is permitted on a lot unless otherwise specified in this By-law. 4.17.1. Additional Dwelling for Agricultural Use On any lot having a minimum lot area of 40 hectares in the Rural (RU) Zone and used principally for farming, one additional detached dwelling house may be erected, altered or used provided it is used only for the accommodation of persons employed on a full time or seasonal basis on such farm and provided further that any detached dwelling so erected, altered or used must not be located within 15 metres of an existing dwelling on the lot. 4.17.2. Accessory Apartment Dwelling Units in a Commercial Zone Where accessory apartment dwelling units are permitted, Zone standards for the dwelling unit will be in accordance with the applicable zone, but in no case will the dwelling unit be located within a motor vehicle repair garage, or a motor vehicle dealership 4.17.3. Second Dwelling Units A Second Dwelling Unit is permitted on a lot zoned R1, R2, R3, RU or RR in accordance with the applicable permitted uses provisions and zone standards. 4.18. ACCESSORY OUTSIDE DISPLAY AND SALES Where the outside display and sale of goods and materials is permitted as an accessory use, the following provisions must be complied with, except for Motor Vehicle Dealership or Motor Vehicle Rental Agency for the purposed of displaying Motor Vehicles, Equipment Sales and Rental or Farm Implement Dealer:: i) the outside display and sale of goods is accessory to a principal use on the same lot provided the area used for outside display and sale is not more than half the ground floor area of the principal use. ii) the area used for outside display and sale must not be more than thirty-five (35) percent of the total lot area; iii) the area used for outside display and sale must be in addition to and separated from, the areas required for parking; iv) the area used for outside display and sale must provide side and rear yards in accordance with the provisions for the Zone in which the land is situated; v) The area used for outside display and sale must be uncovered. 4.19. PUBLIC ACQUISTION OR CONVEYANCE No person will be deemed to have contravened any provision of this By-law by reason of the fact that any part or parts of any lot has or have been conveyed to or acquired from a public authority. SECTION 4: GENERAL PROVISIONS 45 4.20. SIGHT TRIANGLES Notwithstanding any other provisions of this By-law, on a corner lot, within the sight triangle, the following may not be greater than 1 metre in height as measured from the grade at the center of the road: i) building or structure; ii) storage or display; iii) fences; iv) trees or shrubs; or v) any other obstructions. 4.21. SPECIAL SETBACKS In addition to any other provisions in this By-law, the following special setbacks apply to the uses identified: 4.21.1. High Water Mark and Coldwater Stream No building or structure is permitted within the minimum required setback of 20 metres from the high water mark of any waterbody or watercourse or within 30 metres of any cold water stream. 4.21.2. High Water Mark Setbacks for Leaching Beds No part of any septic system leaching bed distribution pipes are permitted within 30 metres of the high water mark of any waterbody or watercourse unless one of the following is satisfied: i) the lot on which the septic system leaching bed distribution pipes are to be installed is entirely located within 45 metres of the high water mark of a waterbody or watercourse; ii) there is no suitable location on the lot beyond 30 metres from the high water mark due to terrain or flood plain as determined to the satisfaction of the Town of Bracebridge's Chief Building Official; or iii) the septic system leaching bed distribution pipes would be replacing existing septic system leaching bed distribution pipes and the new septic system leaching bed distribution pipes would not be located closer to high water mark than the existing septic system leaching bed distribution pipes. 4.21.3. Environmental Protection Wetland Zones No building or structure is permitted within: i) the minimum required setback of 30 metres from any EPW1 Zone; and ii) the minimum required setback of 120 metres from any EPW2 Zone. 4.21.4. Steep Slopes No building or structure is permitted on a slope of 40% or greater or within 15 metres of the top of bank of a slope of 40% or greater. SECTION 4: GENERAL PROVISIONS 46 4.21.5. Original Shore Road Allowance Where the front lot line abuts an original Shore Road Allowance the minimum front yard will be the greater of the minimum front yard requirement for the zone in which the lot is located; the high water mark setback required in Section 4.21.1; or the interior limit of the original Shore Road Allowance. 4.21.6. Navigable Waterbody Agricultural uses are not permitted within 150 metres of any watercourse or waterbody. 4.21.7. Farm Buildings, Feedlots or Kennels In addition to the setbacks required in Section 4.21.6, no stable, barn, shelter, pen, cage, kennel or other building or structure used to house animals or domestic fowl, and no feed lot area or manure storage area is permitted within: i) 60 metres from the lot line of the site on which it is situated; and ii) 90 metres from the centerline of any road 4.21.8. Extractive Industrial Uses No new dwelling unit is permitted closer than 60 metres to any extractive operation as licensed under the Aggregate Resources Act. 4.21.9. Sewage Facility No new dwelling unit is permitted within the following: i) 200 metres of a Sewage Treatment Plant ii) 150 metres of a sanitary sewage disposal site other than for residential uses iii) 200 metres of a sanitary sewage disposal site for residential uses iv) 400 metres of a waste stabilization pond v) 400 metres of a hauled sewage lagoon 4.21.10. Waste Disposal Areas No new dwelling unit is permitted closer than 500 metres to an M4 zone that is used as a waste disposal area. 4.21.11. TransCanada Pipeline The following minimum setbacks are required from a TransCanada Pipeline right-of-way as shown on Schedules "F" and "G" of this By-law: i) The principal building or structure must be setback a minimum of 7 metres; and ii) An accessory building or structure must be setback a minimum of 3 metres. 4.21.12. Established Building Line in a Built-up Area Where the main permitted building or structure is to be erected on a lot where there is an established building line, such building or structure may be erected at the average setback within the established building line in a R1, R2, R3 or RR Zone provided the setback does not reduce any other special setback in Section 4.21. SECTION 4: GENERAL PROVISIONS 47 4.21.13. Minimum Separation Distance Formulae Notwithstanding any other provisions of this By-law, a new or expanding agricultural use, intensive, will not contravene the MDS II formula developed by the Ontario Ministry of Agriculture, Food and Rural Affairs as calculated using Appendix "A" to this By-law. If there is a conflict between the MDS II formula setbacks and the setbacks of Section 4.21.7, the greater of the two setbacks shall apply. 4.22. THROUGH LOTS 4.22.1. Frontage on More than One Street Where a lot, which is not a corner lot, has frontage on more than one street, the yard between the principal building and the lot line containing the principal access to the lot will be considered the front yard and the yard between the principal building and any lot line abutting a street which does not contain the principal access to the lot and is not an exterior side lot line is consider a rear yard. Accessory buildings and structures on a through lot are permitted in accordance with all applicable sections of this By-law, with the exception that any accessory building or structure located in the rear yard must meet the greater of the minimum front yard or minimum rear yard for the principal building. Balconies, porches, decks, steps, ramps, lifts or patios may project into the required rear yard in accordance with Section 4.3.1. 4.22.2. Frontage on More than One Navigable Waterway Where a lot, which is not a corner lot, has frontage on more than one navigable waterway, any yard between the principal building and a navigable waterway will be considered a front yard. Accessory buildings and structures may be permitted in any interior side yard, rear yard or only one of the front yards provided the high water mark setbacks in Section 4.21.1 are met. Accessory shoreline structures are permitted along more than one navigable waterway frontage. In the case where accessory shoreline structures are located on more than one navigable waterway, the total portion of the shoreline or projection of the shoreline occupied by accessory shoreline structures will be based on the distance of each navigable shoreline frontage separately. 4.23. VISUAL BARRIERS A visual barrier is required where: i) the interior side lot line or rear lot line of an Institutional, Industrial, or Commercial use abuts a Residential or Shoreline Zone; ii) contains a lot contains one or more shipping container; iii) a Camping Establishment, Marina or Waterfront Landing use abuts a Residential Zone or a Shoreline Zone; iv) an Apartment Dwelling, Row Dwelling, Fourplex or Triplex abuts a Detached Dwelling; or v) an Apartment Dwelling abuts a Duplex Dwelling or Semi-Detached Dwelling. Such visual barrier must conform to the following requirements: SECTION 4: GENERAL PROVISIONS 48 4.23.1. Visual Barrier Contents Such visual barrier must act as a screen between uses and be constructed to a minimum height in accordance with the requirements of this Section of the By-law and must consist of the following: i) a free standing wall, fence; or ii) a continuous unpierced planting of suitable coniferous trees or shrubs, together with a reserved width of planting area appropriate for healthy plant growth; or iii) any combination of the above. 4.23.2. Visual Barrier Height Any visual barrier required by Section 4.23 of this By-law must have a minimum height of 1.5 metres, but will not be permitted to exceed a height of 1.0 metres within a sight triangle. Any visual barrier required for a shipping container must have a height no less than the height of the shipping container. 4.23.3. Driveway or Walkway through Visual Barrier Where a driveway or walkway extends through a visual barrier, the visual barrier may be interrupted within 3.0 metres of the edge of such driveway or within 1.5 metres of the edge of such walkway. 4.24. FRONTAGE ON PROVINCIAL HIGHWAY OR MUSKOKA CLASS A & B ROAD Where any lot frontage abuts a Provincial Highway or Class A Muskoka Road, the minimum required lot frontage is 150 metres or where the lot frontage abuts a Class B Muskoka Road except for Manitoba Street south of Douglas Drive, the minimum required lot frontage is 135 metres. 4.25. MUNICIPAL WATER AND SEWER SERVICES Within the full services boundary as shown on Schedule "I", no person must use any land or erect or use any building or structure, or part thereof, on a lot unless municipal water and sanitary sewer services are available to service such land, building or structure as the case may be. 4.25.1. Detached Dwellings on Existing Lots not on Full Services Notwithstanding Section 4.25 for lands shown within the full service boundary as shown on Schedule "I", where municipal sanitary sewage service is not available, one detached dwelling may be erected on an existing lot provided: i) municipal water service is available to service such lands, or detached dwelling; and ii) a detached dwelling is a permitted use within the applicable zone and all the other relevant requirements of the By-law are met. SECTION 4: GENERAL PROVISIONS 49 4.25.2. Detached Dwellings not on Full Services Notwithstanding Section 4.25 and Section 4.25.1 for lands shown within the water only area as shown on Schedule "I", where municipal sanitary sewage service is not available, one detached dwelling may be erected provided: i) municipal water service is available to service such lands, or detached dwelling; and ii) a detached dwelling is a permitted use within the applicable zone and all the other relevant requirements of the By-law are met. 4.25.3. Lands East of King's Highway No. 11 Notwithstanding Sections 4.25, 4.25.1 and 4.25.2 for lands shown within the full service boundary as shown on Schedule "I", and lying east of King's Highway No. 11, where municipal sanitary sewage service is not available, a building or structure may be used or erected on an existing lot provided: i) municipal water service is available to service such lands, or detached dwelling; and ii) a detached dwelling is a permitted use within the applicable zone and all the other relevant requirements of the By-law are met 4.25.4. Availability of Services For the purposes of Sections 4.25, 4.25.1, 4.25.2 and 4.25.3, a service is not available unless the authority with jurisdiction with respect to the service confirms that the service is available to service the lot in question. 4.26. CONDOMINIUM PHASING Where a draft condominium description has been approved by the applicable approval authority and the description is proposed to be registered in phases in accordance with Part XI of the Condominium act, 1998, and the registration of each phase occurs in accordance with the approved condominium description, all registered and proposed phases included in the said description are deemed to comply with the provisions of the Zoning Bylaw notwithstanding that the descriptions for all phases have not been registered. SECTION 5: PARKING AND LOADING 50 5. PARKING AND LOADING 5.1. PARKING AREA REQUIREMENTS When any new development is constructed, when any existing development is enlarged, or when any use is changed, off-street vehicular parking spaces must be provided in accordance with the standards of this By-law. 5.2. EXCLUSIVE NATURE OF PARKING SPACE A parking space required by this By-law must be available for parking purposes and used exclusively for that purpose. 5.3. SIZE OF PARKING SPACE AND AISLE WIDTHS The size of each parking space must be in accordance with the following standards: PARKING SPACE CLASSIFICTION MINIMUM WIDTH MINIMUM LENGTH Standard (90 degree to aisle) 3.0 metres 6.0 metres Angled (less than 90 degree to aisle) 3.0 metres 6.0 metres Indoor Parking of 4 or more vehicles 2.6 metres 5.5 metres Parallel 3.0 metres 7.0 metres Accessible 3.4 metres, plus a 1.5 metres hatched aisle strip which may be shared by two adjacent Accessible - shared spaces 6.0 metres Accessible (parallel) 4.1 metres 7.0 metres The width of adjacent aisle to parking spaces must be in accordance with the following standards: Angle of Parking Space with Aisle Minimum Perpendicular Width of Aisle 70 to 90 degrees 7.0 metres 50 to 69 degrees 5.5 metres Less than 50 degrees (one way traffic) 4.0 metres 5.4. LOCATION OF USE AND PARKING Parking spaces must be located on the same lot as the use except for a lot located on an island. SECTION 5: PARKING AND LOADING 51 5.5. PARKING AREA BUFFERS Parking areas with more than four parking spaces abutting Residential, Shoreline, Open Space or Institutional Zones must provide screening in accordance with the requirements of Section 4.23 of this By-law. 5.6. MORE THAN ONE USE ON A LOT The parking requirements for more than one use on a single lot or for a building containing more than one use, is the sum total of the parking requirements for each of the component uses, unless otherwise noted. 5.7. PARKING IN THE DOWNTOWN CORE Notwithstanding Section 1.7 of this By-law, non-residential uses within the area shown on Schedule "H" as 'Parking Policy Area', that change from one permitted use to another within the confines of any existing building, need not provide additional parking. Any increase in floor space through additions or expansion into space not presently used for commercial purposes must provide additional parking at the rate of 1 parking space per 30 m2 of gross floor area or cash-in- lieu of parking. Parking requirements for dwelling units not in existence on the date of approval of the By-law must be provided in accordance with Section 5.17 of this By-law, however existing on-site parking currently used for commercial purposes may be used for new dwelling units and the reduction of parking for commercial purposes may be taken as cash-in-lieu of parking. 5.8. PARKING AREA LOCATION ON LOT Notwithstanding the yard and setback provisions of this By-law, uncovered surface parking areas and parking spaces are permitted in the required yards or in the area between the street line and the required setback. Parking areas and parking spaces may only be located as follows: USE YARD IN WHICH PARKING IS PERMITTED Open Space, Rural, Commercial, Industrial and Institutional All yards, provided that no part of any parking area, other than a driveway, is located closer than 1 metre to any street line. Residential and Shoreline (Detached Dwelling, Seasonal Dwelling, Second Dwelling Unit, Semi- Detached, Duplex Dwellings, Row Dwellings) All yards, provided that no part of any parking area, other than a driveway, is located closer than 1 metre to any street line. Residential (Triplex, Fourplex and Apartment) Interior side and rear yard, provided that no part of any parking area, other than a driveway, is located closer than 1 metre to any street line Residential (Group Housing) All yards, provided that no part of any parking area, other than a driveway, is located closer than 7.5 metres to any street line and no closer than 3 metres to any side lot line. In all non-residential zones, no driveway or parking area is permitted within 3 metres of the boundary of a Residential or Shoreline Zone. SECTION 5: PARKING AND LOADING 52 No parking area is permitted within the minimum required setback of 20 metres from the high water mark of any waterbody or watercourse or within 30 metres of any cold water stream. 5.9. USE OF DRIVEWAYS FOR PARKING Parking spaces and areas required in accordance with this By-law must only be used for the parking of operative, currently licensed vehicles that are used in operations related to the permitted uses for which the parking spaces and areas are required. Parking of a vehicle is only permitted in a parking space or driveway. 5.10. RESIDENTIAL DRIVEWAY PROVISIONS The following provisions apply to all driveways in a Residential Zone: i) The minimum width of a driveway is 3.0 metres; ii) For a lot with a lot frontage greater than 15.0 metres, the maximum width of all driveways is the lesser of 7.5 metres or 40% of the lot frontage; iii) For a lot with a lot frontage of 15.0 metres or less, the maximum width of all driveways is 50% of the lot frontage; iv) A driveway is required to be setback a minimum of 1.2 metres from any interior side lot line, except on a lot with a frontage of less than 8.0 metres, where adjoining driveways are permitted; v) A driveway is required to be setback a minimum of 1.2 metres from any rear lot line; and vi) The maximum width of any shared driveway measured along a street line is 9.0 metres. vii) Notwithstanding any section to the contrary, a turnaround may be placed on a lot that fronts on a collector or arterial road in an R1 or R2 Zone with a minimum setback from the front lot line of 5.5 metres. The turnaround may be a maximum length of 6.0 metres and a maximum width of 3.0 metres. 5.11. CONSTRUCTION OF PARKING SPACES, PARKING AREAS AND DRIVEWAYS Parking spaces, parking areas, and driveways connecting the parking space or parking area with a street must be maintained with a stable surface which is treated so as to prevent the raising of dust. Such parking spaces, parking areas or driveways must, before being used, be constructed of crushed stone, gravel, asphalt, concrete, or similar material and will include provisions for drainage facilities. The use of concrete, steel or plastic pavers that create permeable parking areas is also permitted. 5.12. LANDSCAPING IN PARKING AREAS No parking space is permitted more than 60 metres from a landscaped area. SECTION 5: PARKING AND LOADING 53 5.13. PARKING OF COMMERCIAL VEHICLES 5.13.1. Residential Zones Within any Residential Zone, the owner or occupant of a dwelling unit may use a parking space for the purposes of parking or storage of one commercial motor vehicle, provided such motor vehicle does not exceed a capacity of 4,500 kg. 5.13.2. Transport Trailers A transport trailer may only be parked within a designated loading space and the transport trailer may only be parked for a maximum of 15 days at a time. 5.14. PARKING OF RECREATIONAL VEHICLES, TRAILERS AND BUSES 5.14.1 Residential Zones In a Residential Zone, the total number of combined motor homes, travel trailers, boats, trailers for motorized vehicles, landscape trailers or utility trailers parked outside on a lot is one (1). If located in a front yard or exterior side yard, the motor home, travel trailer, boat, trailer for a motorized vehicle, or utility trailer must be located in a driveway and the lot must remain able to provide sufficient parking in accordance with Section 5.17 of this By-law. 5.14.2 Shoreline Residential Zones In a Shoreline Residential Zone, the total number of combined motor homes, travel trailers, boats, trailers for motorized vehicles, landscape trailers or utility trailers parked outside on a lot is two (2) and they must be located in the interior side yard or rear yard. If located in an interior side yard, the motor home, travel trailer, boat, trailer for a motorized vehicle, or utility trailer must meet the minimum interior side yard for the zone in which it is located. 5.14.3 Rural Zones In any RU or RR Zone, the following provisions apply to the parking of recreational vehicles and trailers on a lot: i) The total number of combined travel trailers and motor homes parked outside on a lot shall not exceed two (2); ii) For a lot with a lot area of less than 0.8 hectares, the total number of combined motor homes, travel trailers, boats, trailers for motorized vehicles, landscape trailers or utility trailers shall not exceed two (2); iii) For a lot with a lot area of 0.8 hectares or greater, the total number of combined motor homes, travel trailers, boats, trailers for motorized vehicles, landscape trailers or utility trailers shall not exceed four (4); iv) A maximum of one of either a motor home, travel trailer, boat, trailer for motorized vehicles, landscape trailer or utility trailer may be parked in the front yard or exterior side yard provided that a minimum setback of 30 metres from the front lot line and exterior side lot line is met. All other motor homes, travel trailers, boats, trailers for motorized vehicles, landscape trailers or utility trailers must be located in the interior side yard or rear yard and meet the setbacks of the zone in which it is located; and v) Notwithstanding any other provisions to the contrary, there is no limit to the number of recreational vehicles or trailers parking within a private garage. SECTION 5: PARKING AND LOADING 54 5.14.4 Motor Home and Travel Trailer - Human Habitation A motor home or travel trailer parked in any Zone, except a RU or RR Zone, is not permitted to be used for human habitation unless located within a camping establishment. In a RU or RR Zone, a maximum of one (1) motor home or travel trailer can be used for human habitation provided the motor home or travel trailer: i) is parked on a lot with a minimum lot area of 0.8 hectares; ii) meets all yard requirements for the zone in which it is located; and iii) is used for human habitation a maximum of 15 days in a month and a maximum of 60 days in a calendar year. 5.14.5 Vacant Lots A motor home, travel trailer, boat, trailer for motorized vehicles, landscape trailer or utility trailer is not permitted to be parked on a lot in a Residential or Shoreline Zone without a principle structure. In a RU or RR Zone, the total number of combined motor homes, travel trailers, boats, trailers for motorized vehicles, landscape trailers or utility trailers parked on a lot without a principal structure shall not exceed two (2) and provided: i) any motor homes, travel trailers, boats, trailers for motorized vehicles, landscape trailers or utility trailers meet the setbacks for the zone in which it is located; and ii) the lot has a minimum lot area of 0.8ha. 5.14.6 Accessory Buildings and Structures No accessory building or structure is permitted accessory to a motor home, travel trailer, boat, a motorized vehicle, landscape trailer or utility trailer with the exception of a motor home or travel trailer located on a camp site in a camping establishment in accordance with Section 3.5.3.2(*5). 5.14.7 Services A motor home or trailer travel is not permitted to be connect to a hydro service or a septic system with the exception of a motor home or travel trailer located on a camp site in a camping establishment. 5.14.8 Buses In any RU, RC, RUM or RUI Zone, a maximum of one school bus is permitted to be parked outside within any yard. 5.15. PARKING OF INOPERATIVE VEHICLES The parking or storage of boats, trailers or any motor vehicle that does not have current license plates is not permitted in any zone, unless wholly located within a private garage. This section does not apply to the following uses: Farm Implement Dealer, Marina, Motor Vehicle Body Shop, Motor Vehicle Dealership, or Motor Vehicle Repair Garage. SECTION 5: PARKING AND LOADING 55 5.16. CALCULATION OF PARKING REQUIREMENTS Where the minimum number of parking spaces is calculated on the basis of a rate or ratio, the required number of spaces is rounded to the higher whole number. 5.17. PARKING SPACE REQUIREMENT TABLE The minimum parking requirement for permitted uses is as follows: Type of Nature of Use Minimum Off-Street Parking Requirements Apartments, Row Dwelling, Triplexes, Fourplexes - 1.5 parking spaces per dwelling unit Artisan Studio, Audio Visual Studio - 1 parking space per 18 m2 of gross floor area Assembly Hall, Place Of Entertainment - 1 parking space per 13 m2 of gross floor area Bed And Breakfast Establishment - 1 space for every room or each suite used for the purposes of lodging for the traveling public, in addition to the required parking for the dwelling Brewery, Distillery - 1 parking space per 70m2 of gross floor area Camping Establishment - 1 parking space for each Tent or Trailer space and 1 parking space per Tourist Cabin Day Nurseries and Group Homes - 2 parking spaces in addition to the required parking for the dwelling Drug Store - 1 parking space per 30 m2 of gross floor area Farm Produce Retail Outlet - the greater of 3 parking space or 1 parking space per 30 m2 of gross floor area Financial Institutions - 1 parking space per 30 m2 of gross floor area Fitness Centre - 1 parking space per 13 m2 of gross floor area Fitness Studio - 1 parking space per 10 m2 of gross floor area Funeral Home - 30 parking spaces for the first 30 m2 of gross floor area plus 1 space for each additional 15m2 of gross floor area SECTION 5: PARKING AND LOADING 56 Type of Nature of Use Minimum Off-Street Parking Requirements Home Industry - 2 parking spaces in addition to the parking requirements for the residential use Hospital, Long-Term Care Home - 3 parking spaces for every four beds Hotel - 1 parking space per guest room plus 1 space per 23m2 of floor space devoted to public use Industrial - 1 parking space per 70 m2 of gross floor area Laundry Establishment - 1 parking space for every 2 machines or 1 space per 20 m2 of gross floor area, whichever is greater Marina - 1 parking space for every 6 metres of dockage, and 1 parking space for every 8 m2 of gross floor area devoted to commercial use, exclusive of storage area. Medical Clinic - 5 parking spaces per practitioner Mobile Food Service - a minimum of 3 parking space per Mobile Food Service, which does not include any parking spaces used for the parking of a Mobile Food Service vehicle Motel, Tourist Establishment - 1 parking space per guest room plus 1 space per 23 m2 of floor space devoted to public use Motor Vehicle Body Shop, Motor Vehicle Repair Garage, Motor Vehicle Detailing Shop - 1 parking space for every 45 m2 of floor space dedicated to accessory retail sales and 3 spaces per service bay Motor Vehicle Wash, Automatic - Queuing space for 8 vehicles for ingress to a car wash and 2 vehicles for egress Office - 1 parking space per 30 m2 of gross floor area Place Of Worship - 1 parking space per 23 m2 of gross floor area Repair Shop, Service Trade Shop, - 1 parking space per 30 m2 of gross floor area SECTION 5: PARKING AND LOADING 57 Type of Nature of Use Minimum Off-Street Parking Requirements Residential, Other Than Listed Herein - 2 parking space per dwelling unit, 1 of which may be located within a private garage or carport Restaurant - 1 parking space per 10 m2 of gross floor area Restaurant, Drive-Thru Facilities - queuing space for 6 vehicles for ingress approaching a drive-thru window and space for 2 vehicles for egress Retail Store, Personal Service Shop, - 1 parking space per 30 m2 of gross floor area Retirement Home - 1 parking space per unit School, Elementary - 6 spaces for the use of visitors and the greater of 1.5 parking spaces per classroom or 1 parking space per 3m2 of floor area in the gym or auditorium. School, Secondary  8 spaces for the use of visitors and the greater of 4 parking spaces per classroom or 1 parking space per 3m2 of floor area in the gym or auditorium. School, Post Secondary, Training Centre - 1 space per 93 m2 plus 1 space per 8 full time students Second Dwelling Unit - a combined total of 2 parking spaces are required for both the Second Dwelling Unit and the Detached Dwelling, Semi- Detached Dwelling, Duplex Dwelling or Row Dwelling located on the same lot Seniors Assisted Living Home - 1 parking space for each unit, Shopping Centre - 1 parking space per 20 m2 of gross floor area Supermarket, Specialty Food Store - 1 parking space per 20 m2 of gross floor area Veterinary Clinic - 3 parking spaces per examination room Waterfront Landing - 2 parking spaces per boat slip Winery - 1 parking space per 30 m2 of gross floor area SECTION 5: PARKING AND LOADING 58 Type of Nature of Use Minimum Off-Street Parking Requirements Workshop - 1 parking space per 37 m2 of gross floor area Uses permitted by this By-law other than those listed in this Table - 1 parking space per 37 m2 of gross floor area 5.18. NUMBER OF ACCESSIBLE PARKING SPACES The minimum required number of accessible parking spaces are as follows: Number of Parking Spaces Required by the use under Section 5.17 Number of Require Parking Spaces, which must be Accessible Parking Spaces Up to 12 parking spaces 1 accessible parking space 13 to 100 parking spaces 4% of the total number of required parking spaces 101 to 200 parking spaces 1 accessible parking space plus 3% of the total number of required parking spaces 201 to 1000 parking spaces 2 accessible parking space plus 2% of the total number of required parking spaces More than 1000 parking spaces 11 accessible parking space plus 1% of the total number of required parking spaces 5.19. ACCESS AISLES FOR ACCESSIBLE PARKING SPACES Access aisles are required adjacent to all accessible parking spaces. The access aisles may be shared by two parking spaces and they must meet the following requirements: i) Minimum width of 1.5 metres; ii) Extend the entire length of the adjacent parking space(s); and iii) Marked with high tonal contrast diagonal lines, which discourages parking in the access aisle. 5.20. LOADING SPACE In any Commercial, Industrial or Institutional Zone when any new development is constructed, when any existing development is enlarged, or when any use is changed, provision must be made for off-street vehicular loading spaces as follows: SECTION 5: PARKING AND LOADING 59 Gross Floor Area of Building Loading Space Less than 370m2 0 Loading Spaces Greater than or equal to 370m2 and less than 2325 m2 1 Loading Space Greater than or equal to 2325 m2 2 Loading Spaces 5.21. SIZE OF LOADING SPACE Each loading space must be a minimum of 9 metres long, 3.5 metres wide and have a vertical clearance of at least 4 metres. 5.22. LOCATION OF LOADING SPACE Loading spaces must be provided on the same lot as the use or building for which it is required. 5.22.1. Location on Lot Required loading spaces must be located in the interior side yard or rear yard. Such space or spaces may be located in the front yard or exterior side yard provided they are set back from the street line a minimum of 30 metres. 5.22.2. Setbacks Abutting a Residential or Shoreline Zone In any Commercial or Industrial Zone, no loading space is permitted closer than 3 metres to any interior side lot line or rear lot line that abuts a Residential or Shoreline Zone. 5.23. ADDITIONS TO BUILDINGS The loading space requirements of this By-law do not apply to any building in existence at the date of passing of this By-law so long as the floor area, as it existed at such date, is not increased. If an addition is made to the building or structure, which increases the floor area, then additional loading spaces must be provided as required by the regulations of this By-law. 5.24. LOADING AREAS IN THE DOWNTOWN CORE Notwithstanding Section 5.20 of this By-law, the provision of loading spaces is not required for the lands identified on Schedule "H", 'Parking Policy Area' of this By-law. 5.25. BUFFERING OF LOADING AREAS Loading areas and facilities must be screened in accordance with the requirements of Section 4.23 of this By-law. SECTION 6: DEFINITIONS 60 6. DEFINITIONS ACCESSORY BUILDING, STRUCTURE OR USE - Means a use, building or structure that is subordinate to and customarily incidental to the principal use or structure on the same lot but does not include other objects used for storage such as a trailer, storage container or ship container. AGRICULTURAL USE - Means general farming and includes such uses as the general cultivation of land and associated production, conditioning, processing and storing or field crops, fruits, vegetables, and horticultural crops and the selling of such produce on the premises, but does not include any other establishment otherwise defined or classified in this By-law. AGRICULTURAL USE, INTENSIVE - Means the use of land, buildings or structures for the propagation of specialty crops, or for the breeding and rearing of livestock, including poultry, fowl, fur-bearing animals and bees but does not include the breeding or rearing of any exotic species. ANIMAL SHELTER - Means a premise used for the care of lost, abandoned or neglected animals. ARENA - Means a building, or part of a building, in which facilities are provided for such purpose as ice or roller skating; but does not include any other establishment otherwise defined or classified in this By-law. ARTISAN STUDIO - Means a building, or part of a building, used for the creation and production of arts, crafts or music without the use of heavy equipment and may include instruction to individuals and accessory retail uses. ASSEMBLY HALL - Means a building or part of a building, in which facilities are provided for the gathering of groups of people and includes a banquet hall or private club, but does not include any other establishment otherwise defined or classified in this By-law. AUDIO VISUAL STUDIO - Means a commercial establishment engaged in recording, producing or broadcasting audio or visual materials, or both, with or without a business office, Auditorium or antenna as Accessory Uses, and includes, without limiting the generality of the foregoing, radio or television broadcasting stations, cable television studios, sound recording studios, video recording studios and motion picture studios. BALCONY - Means a partially enclosed platform projecting from the main wall of a building which is not supported by vertical uprights other than the wall itself and which is only accessible from within the building. SECTION 6: DEFINITIONS 61 BARN - Means a building or structure used for the housing and care of horses or other permitted livestock, and for the storage of feed, hay, and other crops, but does not include any other building or structure otherwise defined or classified in this By-law. BED AND BREAKFAST ESTABLISHMENT - Means a dwelling or part of a dwelling in which a maximum of 3 bedrooms are used or maintained for the accommodation of the traveling public, in which the proprietor supplies lodgings with or without meals for hire or pay but does not include any other establishment otherwise defined or classified in this By-law. BOARDING KENNEL - Means a service commercial establishment for the keeping, breeding, boarding or training of animals but does not include the keeping of animals in a veterinary clinic for the purpose of observation, or recovery necessary to veterinary treatment. BOATHOUSE - Means a detached accessory building or structure used primarily for the storage of watercraft and watercraft related equipment but does not include open walkways or uncovered docking facilities. BOATHOUSE, SINGLE STOREY - Means a boathouse that does not contain any floor above the dock with the exception that a deck may be located on the roof. BOATHOUSE, TWO STOREY - Means a boathouse that may contain a floor above the dock with the floor area above the dock to be used for storage, a sleeping cabin or a deck. BOAT PORT - Means a covered accessory building or structure designed and used for the temporary storage of watercraft but which is open on at least 2 sides and may be supported entirely by posts. BOAT SLIP- Means the docking place for one boat with the boat slip having a maximum width of 4 metres. BREWERY - Means a building used primarily for the manufacturing, processing and distribution of beer or cider. BUILDER'S YARD - Means a yard of a building contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the wholesale or retail sale of building supplies or home improvement supplies. SECTION 6: DEFINITIONS 62 BUILDING - Means a structure having a roof, supported by columns or walls or supported directly on the foundation and used for the shelter or accommodation of persons, animals or goods. BUILDING, PRINCIPAL - Means a building, which constitutes, by reason of its use, the primary purpose for which the lot is used. BULK FUEL SALES - Means a premise used for the storage or distribution of fuels and oils but does not include a motor vehicle gasoline bar or key lock operation. BUS STORAGE - Means an area used for the parking, including overnight parking of buses and may include a building or structure for the repair and maintenance of the buses on site. CAMPING ESTABLISHMENT - Means a parcel of land providing overnight, short term or seasonal accommodation for motor homes, travel trailers, park model trailers, and tents and may include tourist cabins used or maintained for accommodation but not mobile homes, and including services and facilities normally incidental and subordinate to such a use including common washroom lavatory and bathing facilities, indoor or outdoor recreation areas, an entrance kiosk or office and accessory convenience store. CARPORT - Means a detached accessory building or portion of a dwelling, which is designed or used for the sheltering of a private motor vehicle and storage of household equipment incidental to the residential occupancy and which is open on at least 1 side and may be supported entirely by posts. CEMETERY - Means land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. CHILDREN'S CAMP - Means a camp for recreational activities consisting of one or more tents, cabins, buildings or other structures together with the land appertaining thereto, established or maintained as sleeping quarters with or without charge for ten or more persons, for temporary occupancy with an accessory recreational dining hall, but does not include a camp established by a person for his family and his guests or to a camping establishment as defined in clause 1 (1) (d) of Regulation 936 of Revised Regulations Ontario, 1980 made under the Tourism Act. COMMUNITY LIVING FACILITY - Means a building or structure used for the purpose of educating adults in classroom environments in living skills, which may include communication skills, cooking skills, literacy, survival skills, monetary skills, social development and contract work. The use may also include programs for youths and include administrative office accessory to the primary use. SECTION 6: DEFINITIONS 63 CONTRACTOR'S YARD - Means a yard of any building trade or contractor where equipment and material is stored or where a contractor performs shop or assembly work. CONVENIENCE STORE - Means a retail commercial establishment with a gross floor area of no greater than 350 m2, supplying primarily groceries and other daily household needs to the immediate surrounding area. COTTAGE INDUSTRY - Means the use of a building or structure for the purpose of gainful occupation, incidental and subordinate to the principal use of the property, and may include accessory sales and distribution of such occupation's products, provided that there is no external storage of goods or material, the cottage industry is not a noxious use and there will not be any external signage of the cottage industry other than a sign of no larger than 0.6m2. CRAFTSMAN SHOP - Means a building, or part of a building used for the creation, finishing, refinishing, or similar production of custom or hand-made commodities, together with the retailing of such commodities. COUNCIL - Means the Municipal Council of the Corporation of the Town of Bracebridge. DAY NURSERY - Means a premises where more than 6 children are provided with temporary care or guidance for a continuous period not exceeding twenty-four hours and are licensed in accordance with the Day Nurseries Act. DECK - Means an accessory structure with no roof or walls except for visual partitions and guards, which is constructed on piers or a foundation more than 0.6 metres above-grade and used as an outdoor living area but does not include a landing or a stair. DEPARTMENT STORE - Means a retail store where a wide range of merchandise is sold and a wide range of services are provided on a departmentalized basis, including but not limited to: household furniture and furnishings; household appliances; clothing and apparel; hardware; paint and wallpaper; drugs; photo equipment and services; restaurant, including takeout facilities; optical; food products and groceries; books and stationary; banking and financial services; wine; tire and lube service shop; and garden centre. DISTILLERY - Means an establishment licensed by the Province of Ontario used primarily for the manufacturing, processing and distribution of alcoholic spirits as a beverage and may include a tasting room. DISTRICT - Means the District Municipality of Muskoka. SECTION 6: DEFINITIONS 64 DOCK - Means a structure built at or anchored to the shore at which watercrafts or other floating vessels are berthed or secured to and which may provide a foundation for a boathouse. DORMITORY - Means a building or structure where four (4) or more residents have exclusive use of a bedroom but common washroom and kitchen facilities and where each residential individually compensates the owner for providing the accommodation. DRIVEWAY - Means an area of a lot that is surfaced in accordance with this By-law to support vehicular traffic and provides vehicular access to Parking Areas, Loading Spaces, Private Garages, Buildings or Structures on a Lot, from an Improved Public or Private Street.. DRUG STORE - Means a building or part of a building in which the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines are offered or kept for sale to the public and may include an area a maximum of 4,000m2 for the sale of groceries and other daily household but does not include any other establishment otherwise defined or classified in this By- law. DWELLING - Means a building used or capable of being used for residential occupancy. DWELLING, ACCESSORY UNIT - Means a dwelling unit, which is accessory to a permitted use within the zone in which it is located. DWELLING, ACCESSORY APARTMENT UNIT - Means a dwelling unit, which is accessory to a permitted use within the zone in which it is located and is located in the same building as the use it is accessory too. DWELLING, APARTMENT - Means the whole of a building that contains four or more dwelling units, which have a common entrance from street level. An apartment dwelling does not include any other dwelling otherwise defined in this By- law. DWELLING, DETACHED - Means a building containing one dwelling unit. DWELLING, DUPLEX - Means the whole of a building that is divided horizontally into two separate dwelling units each of which has an independent entrance either directly from the outside or through a common vestibule. SECTION 6: DEFINITIONS 65 DWELLING, FOURPLEX - Means a pair of two attached duplex dwelling houses with a common wall dividing the pair of duplex dwelling houses vertically, each of which has an independent entrance directly from the outside or through a common vestibule for each duplex. DWELLING, MOBILE HOME - Means a transportable, factory-built, dwelling designed to be transported on its own wheels and chassis to a mobile home lot, and may be supported on wheels, jacks, posts or piers, or with a permanent foundation in accordance with the applicable CAN/C.S.A. Z240 MH Series 92, Z240 MH Series 86 or C.S.A. A-277, as amended from time to time. Such mobile home must be designed to be connected to service utilities so as to be suitable for year round long-term occupancy. DWELLING, ROW - Means three or more attached dwelling units, but not exceeding eight dwelling units that are attached to each other, each having independent entrances directly from the outside. DWELLING, SEASONAL - Means a dwelling unit that lacks one or more of the basic amenities or utilities required for all year or all weather occupancy in accordance with the regulations of the Ontario Building Code. DWELLING, SEMI-DETACHED - Means one of a pair of two attached dwellings with a common wall dividing the pair of dwellings vertically, each of which has an independent entrance, either directly from the outside or through a common vestibule. DWELLING, TRIPLEX - Means the whole of a building that is divided horizontally into three separate dwelling units each of which has an independent entrance either directly from the outside or through a common vestibule. DWELLING, UNIT - Means one or more rooms that may be used as a residence with each unit having sleeping, cooking and toilet facilities. DWELLING UNIT, SECOND - Means a self-contained dwelling unit that is located within the same building as a detached dwelling, semi-detached dwelling, duplex dwelling or row dwelling or an accessory building or structure thereto. EMERGENCY SERVICE DEPOT - Means a premises or building from which emergency service personnel and equipment are dispatched and may include facilities for fire, medical or police services. EQUIPMENT SALES AND RENTAL - Means a building or part of a building or structure in which machinery and equipment are offered or kept for rent, lease or hire under agreement for compensation. SECTION 6: DEFINITIONS 66 ESTABLISHED BUILDING LINE - Means the average front yard of the main building or structure not including a deck, patio or porch for the lesser of two lots to both sides or 60 metres to both sides. EXISTING - Means existing as of the date of the passing of this By-law. FARM IMPLEMENT DEALER - Means a premise where farm machinery is stored and sold or leased to the public and which may include facilities for the repairing of farm machinery. FARM PRODUCE RETAIL OUTLET - Means a premise where the products of an agricultural use are sold at retail. FINANCIAL INSTITUTION - Means a building or structure used for the premises of a bank, trust company or credit union but does not include any other establishment otherwise defined or classified in this By-law. FINANCIAL SERVICES ESTABLISHMENT - Means a building or structure where financial services are provided to the public, including but not limited to a finance company, mortgage company, insurance company and investment company but does not include any other establishment otherwise defined or classified in this By-law. FITNESS CENTRE - Means premises in which facilities are provided for recreational or athletic activities such as body-building and exercise classes and may include associated facilities such as a sauna, swimming pool, solarium, cafeteria and accessory retail uses. FITNESS STUDIO - Means premises in which facilities are provided for individuals to participate in physical activities classes such as yoga, dance, pilates and martial arts instruction but must not include any associated facilities that are permitted with a Fitness Centre. FLOOD FRINGE - Means the outer portion of the flood plain between the floodway and the limit of the regulatory flood. FLOOD PLAIN - Means areas subject to flood plain studies under the Canada/Ontario Flood Damage Reduction Program, lands adjacent to the Muskoka River below the Regulatory Flood Elevation. SECTION 6: DEFINITIONS 67 FLOOD-PROOFING - Means a combination of building changes or adjustments incorporated into the basic design, construction, or alteration of individual buildings or properties so as to reduce or eliminate the potential for flood damages. FLOODWAY - Means the channel of a navigable waterway and that inner portion of the flood plain where flood depths and velocities are generally higher than those experienced in the flood fringe. The floodway represents that area required for the safe passage of flood flow or that area where flood depths or velocities are considered to be such that they pose a potential threat to life or property damage. FLOOR AREA, GROSS - Means the aggregate of the floor area measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, and in the case of a dwelling, excluding any porches, verandas or sunrooms (unless habitable in all seasons of the year), any basement or cellar or private garage. FLOOR AREA, GROSS LEASABLE - Means the aggregate of the floor area measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, and in the case of a dwelling, excluding any porches, verandas or sunrooms (unless habitable in all seasons of the year), any basement or cellar or private garage but does not include mechanical rooms. FLOOR AREA, TOTAL - Means the aggregate of the horizontal areas of each floor, where any such floor is above or below grade, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor or for the purposes of a deck means the aggregate horizontal floor area of the decking. FORESTRY OPERATIONS - Means the raising and harvesting of timber for the purpose of producing commercial or non-commercial wood products but does not include the manufacturing or processing of such products. FRONT OF A BUILDING - Means the elevation of a building directly adjacent to the front yard or in the case of an accessory building or structure, means the elevation with principal access into the accessory building or structure. FUEL STORAGE TANK - Means a tank for the bulk storage of petroleum, gasoline, fuel, oil, gas or flammable liquid or fluid but does not include a container for flammable 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. FUNERAL HOME - Means a building or structure designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for interment or cremation. SECTION 6: DEFINITIONS 68 GARAGE, PRIVATE - Means a detached accessory building or portion of a dwelling, which is designed or used for the sheltering of a private motor vehicle and storage of household equipment incidental to the residential occupancy and which is fully enclosed and roofed and excludes a carport or other open shelter. GARAGE SALE - Means an occasional sale, conducted on a residential property by an occupant of such residential property, of household goods belonging to the occupier thereof and includes a Yard Sale and the like. GARDEN CENTRE - Shall mean a premises or establishment used for the growing, display and retail sale of flowers, plants, trees and shrubs and includes the retail sale of such goods, products and equipment as are normally associated with gardening or landscaping. GARDEN SUITE - Means a one unit detached accessory residential structure containing bathroom and kitchen facilities that is ancillary to a detached dwelling and that is designed to be temporary and portable but does not include a motor home, travel trailer or park model trailer. GAZEBO - Means a freestanding, roofed accessory structure, which is not enclosed, except for screening or glass. GOLF COURSE - Means a public or private area operated for the purpose of playing golf, and includes such uses as a dining room, a club house, a liquor licensed lounge and a driving range, but does not include a miniature golf course. GOLF DRIVING RANGE - Means an outdoor area designated for the practicing of golf shots with golf balls provided by the owner/operator from individual tee decks and may include the use of netting to contain the golf balls within a fixed area. GRADE, FINISHED - Means the average elevation of the finished surface of the ground at ground level measured on any side of a building or structure GRADE, ORIGINAL - Means the elevation of the ground surface in its natural state, before man-made alterations. GRAVEL PIT - Means an open area where sand, gravel and rock fragments are excavated for sale or off-tract use and where explosives are not being used. SECTION 6: DEFINITIONS 69 GROUP HOME - Means a residence designed for the accommodation of 3 to 6 persons, exclusive of staff, living under supervision in a dwelling unit and whom by reason of their emotional, mental, social, or physical condition or legal status, require a group living arrangement for their well-being. A group home must be licensed or approved under an applicable Provincial statute. For the purposes of this By-law, group homes will be classified either as Group Home A or Group Home B. GROUP HOME A - Means a group home primarily for persons who have been referred by a hospital, recognized social services agency or health professional. GROUP HOME B - Means a group home operated primarily for persons who have been placed on probation, released on parole, or admitted for correctional purposes. GROUP HOUSING - Means two or more separate detached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, fourplex dwellings, row dwellings or apartment dwelling buildings located on the same lot and retained under single or condominium ownership. HEIGHT AND HEIGHT OF BUILDING - Means the vertical distance, measured between the finished grade at the front of a building, or in the case of a boathouse or boat port the top of dock, and a) in the case of a flat roof or mansard roof, the highest point of the roof surface; b) in the case of a gable, hip or gambrel roof, on a building or structure other than an accessory building or structure, the mean heights between the eaves and ridge. For the purpose of gable, hip or gambrel roof, the mean height will be measured on the roof slope with the greatest area; and c) in the case of a gable, hip or gambrel roof, for an accessory building such as a boathouse, boat port, sleeping cabin, detached garage or shed, the highest point of the roof surface. HENS, BACKYARD - Means the keeping of up to 10 hens with no rooster on a lot, accessory to a principal residential use, where the hens and their eggs are for domestic use only and not for sale. HIGH WATER MARK - Means the boundary between a navigable waterway and land not under water, at normal summer levels. HOBBY FARM - Means land on which an accessory barn, stable or animal shelter may be erected to house domestic animals kept for recreational purposes or for home consumption by the occupants of the dwelling. SECTION 6: DEFINITIONS 70 HOME IMPROVEMENT CENTRE - Means a space extensive retail facility servicing a warehouse and retail function which offers for sale or lease to the general public and building trades a full range of home improvement and building maintenance products and which may also include an accessory garden centre and restaurant but does not include any other establishment otherwise defined or classified in this By-law. HOME INDUSTRY - Means an occupation or business, which is carried on entirely within a building accessory to a detached dwelling house and is operated by the person or persons whose principle residence is the dwelling unit on the same lot, in accordance with the provisions of this By-law. HOME OCCUPATION - Means the accessory use of part of a dwelling unit by the person or persons whose principle residence is the dwelling unit for an occupation or business activity that results in a product or service and which is clearly secondary to the main use of the dwelling unit. HOSPITAL - Means any institution, building or other premises established for the treatment of persons afflicted with or suffering from sickness, disease or injury, for the treatment of convalescent or chronically ill persons that is approved under the Public Hospitals Act as a public hospital. HOTEL - Means an establishment that consists of one or more connected or adjacent buildings that caters to the needs of the travelling public by furnishing sleeping accommodation, may or may not supply food, and may include permanent staff accommodation. HUMAN HABITATION - Means any area within a building or structure used or intended to be used for living, sleeping, eating or food preparation but does not include a washroom, sunroom, porch or closet. HUNT CAMP - Means a building used solely for the purpose of accommodating hunters. A hunt camp must not be used as a dwelling unit. INDOOR STORAGE FACILITIES - Means a building or structure containing separate, individual self-storage units divided from the floor to the ceiling with an independent entrance from the exterior of the building or a common vestibule, designed to be rented or leased on a short-term basis to the general public for private storage of personal goods, materials and equipment. INDUSTRIAL USE - Means the use of land, buildings or structures for the manufacturing, processing, fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods and related accessory uses. SECTION 6: DEFINITIONS 71 INSTITUTION - Means a building or part of a building used for a non-commercial purpose by an organized body, religious group or society such as a hospital, a library, convent or similar use. LANDSCAPED AREA - Means the open unobstructed space from ground to sky at grade on a lot which is suitable for the growth and maintenance of grass, flowers, bushes and other plantings but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure. LANDSCAPING CENTRE - Means land, buildings or structures used for the purpose of growing and selling vegetables, plants and flowers and may include the selling of materials associated with landscaping. 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. LAUNDRY ESTABLISHMENT - Means a building or structure used for the purpose of collection and distribution of articles of goods or fabric to be subjected to the process of cleaning, in which only water and detergents can be used. LEANTO - Means a structure that has a roof supported by posts with no walls for the open area storage of items such as firewood. LIBRARY - Means a building or structure, or part thereof, containing collections of books and periodicals and may include films and recorded music, which people may use on site or be lent for off-site use. LIGHT EQUIPMENT SALES AND RENTAL ESTABLISHMENT - Means a building or structure, or part thereof, in which light machinery and equipment such as air compressors and related tools and accessories, augers, automotive tools, cleaning equipment, light compaction equipment, concrete and masonry equipment, electric tools and accessories, fastening devices such as staples and tackers, floor and carpet tools, gasoline generators, jacks and hydraulic equipment, lawn and garden tools, ladders, moving equipment, painting and decorating equipment, pipe tools and accessories, plumbing tools and accessories, and appurtenances are offered or kept for rent, lease or hire under agreement for compensation. LIGHT MANUFACTURING USE - Means the use of a building or structure primarily for the purpose of manufacturing, processing, fabrication, assembly, treatment, packaging, and incidental indoor storage of goods and materials and may include accessory sales and distribution of such products but does not include basic industrial processing from raw materials, all such activities conducted wholly within one or more buildings. SECTION 6: DEFINITIONS 72 LOADING SPACE - Means an off-street space on the same lot as the building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. LODGE - Means a tourist establishment catering to the vacationing public by providing meals and sleeping accommodation with at least five guest rooms or cabins, but does not include any establishment otherwise defined or classified in this By-law. LONG-TERM CARE HOME - Means a facility which is licensed under the Long-Term Care Homes Act in which lodging is provided with meals and in addition, provides nursing or medical care but does not include a hospital. LOT - Means: a) a parcel of land: i) the whole of which can be legally conveyed without approval pursuant to the Planning Act; and ii) no part of which can be transferred without such an approval; and iii) which is not described in a registered condominium description; or b) two or more parcels of land which are: i) deemed to be one lot by this By-law; or ii) required to be transferred together by an agreement made pursuant to the Planning Act; or c) a parcel of land described as a whole registered description by the Condominium Act, except for; i) a vacant land condominium, in which a unit is considered a lot, or ii) in the case of a resort commercial land use that includes associated accommodation units within one or more condominium descriptions that share central management and resort amenities on one contiguous area of land, the entire land area of the resort commercial establishment is deemed to be one lot for the purpose of this By-law. LOT AREA - Means the total horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered by water or wetland. LOT COVERAGE - Means that percentage of the lot area covered by buildings or structures but does not include uncovered decks, uncovered steps, uncovered sundecks or portions of shoreline buildings or structures which project over water. SECTION 6: DEFINITIONS 73 LOT, FRONTAGE - Means the horizontal straight-line distance determined as follows: a) where the front lot line is a high water mark or abuts an original shore road allowance, the distance between the points where the lot lines or their straight line projections intersect the high water mark; b) where there are no side lot lines, such as in the case of a peninsula, the greatest distance between any point on the front lot line and any point on the rear lot line; c) where there are no side lot lines and no rear lot line, such as on an island, the greatest distance between any two points on the front lot line; d) where there are two (2) front lot lines abutting the same street, the shorter of the two lot lines shall be the front lot line; or e) in all cases other than those above, the distance between the points where the side lot lines intersect the front lot line. LOT, CORNER - Means a lot situated at the intersection of 2 or more streets having an angle of intersection not exceeding 135 degrees. LOT, INTERIOR - Means a lot other than a corner lot. LOT, THROUGH - Means a lot bounded on both the front lot line and the rear lot line by streets, or in the case of a lot on a navigable waterbody, by an original shore road allowance or high water mark on the front lot line and by a street or original shore road allowance or high water mark on the rear lot line. Where a lot is not a corner lot and has frontage on more than one street, such lot will have a front yard on each street in accordance with the provisions of the zone or zones in which each front yard is located. LOT LINE - Means any boundary of a lot or its vertical projection. LOT LINE, EXTERIOR - Means a side lot line that abuts a street line. LOT LINE, FRONT - Means: a) the line that divides the lot from a street or right-of-way, in a R1 or R2 Zone b) the line that divides the lot from a street or right-of-way, if the lot does not abut a navigable waterway or the inner limit of a shore road allowance unless the lot is located in a R1 or R2 Zone; c) the line that divides the lot from a navigable waterway if the lot abuts a navigable waterway unless the lot is located in a R1 or R2 Zone; d) the line that divides the lot from the inner limit of a shore road allowance, if the lot abuts a shore road allowance but does not directly abut a navigable waterway; e) the shorter of the two intersecting lot lines on a corner lot; or f) the lot line where the principal access to the lot is provided on a through lot. SECTION 6: DEFINITIONS 74 LOT LINE, REAR - Means the farthest lot line opposite to the front lot line, or in the case of a triangular lot, is the point formed by the intersection of the side lot lines. LOT LINE, SIDE - Means a lot line other than a front or rear lot line. MAIN BUILDING FACADE - Means the wall of the main building closest to and most closely parallel to the front lot line. MANUFACTURING OR PROCESSING PLANT - Means a building or structure in which the process of producing a product suitable for use, by hand or mechanical power and machinery carried on systematically with division of labour. MARINA - Means a premises used for the selling, renting, servicing or repairing of boats or water craft, watercraft accessories and other recreational vehicles and includes facilities for launching, docking, refuelling or storage of boats and water craft. MARKET GARDEN - Means an area of land that is used for the growing of vegetable, fruit or horticultural crops that are then sold on the lot on which the produce is grown to customers who either purchase the product after it has been picked or pick the product themselves. MEDICAL CLINIC - Means a building or structure where members of the medical profession provide medical, dental, or therapeutic diagnosis and treatment to the general public without overnight accommodation and may include accessory dispensary facilities. MOBILE FOOD SERVICE - Means a movable structure or vehicle that is used for the purpose of selling prepared food and drink for immediate consumption on the premises with no provision made for the consumption of food by customers within the structure. MOBILE HOME - Means any dwelling unit designed to be made mobile and constructed or manufactured to provide a permanent residence for one or more persons in accordance with Canadian Standards Association Standard Z240, but does not include a motor home, park model trailer or travel trailer. MOTOR HOME - Means any motor vehicle so constructed as to be self-contained, self-propelled unit, capable of being utilized for living, sleeping or eating accommodation. SECTION 6: DEFINITIONS 75 MOTEL - Means a premise that contains rooms with no private cooking facilities that are rented on a temporary basis to the public traveling predominantly by motor vehicle, with each room being accessed from the outside. MOTOR VEHICLE - Means an automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include steam railways, or other motor vehicles running only upon rails, or a traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of The Highway Traffic Act. MOTOR VEHICLE BODY SHOP - Means a building or structure used for the painting or repairing of motor vehicle bodies, exterior and under- carriage, and in conjunction with which there may be towing service and motor vehicle rentals for customers while a motor vehicle is under repair. MOTOR VEHICLE, COMMERCIAL - Means any commercial motor vehicle within the meaning of The Highway Traffic Act. MOTOR VEHICLE DEALERSHIP - Means a premise where new or used motor vehicles are available for sale or rent and in conjunction with which there may be a motor vehicle repair garage, a motor vehicle gasoline bar or a motor vehicle body shop, but does not include any other establishment otherwise defined or classified in this By-law. MOTOR VEHICLE DETAILING SHOP - Means a building or structure, or part thereof, used for the purpose of performing the cleaning of the inside and outside of a Motor Vehicle and may include the maintenance of Motor Vehicles but does not include a Motor Vehicle Wash, Automatic or a Motor Vehicle Wash, Self-Serve. MOTOR VEHICLE GASOLINE BAR - Means one or more pump islands, each consisting of one or more gasoline pumps, and may include a convenience store. MOTOR VEHICLE PARTS ESTABLISHMENT - Means a building or structure where motor vehicle parts, accessories, and supplies are stocked for retail and wholesale but does not include any other establishment otherwise defined or classified in this By-law. MOTOR VEHICLE RENTAL AGENCY - Means a premise where motor vehicles are kept for rent, lease or hire under agreement for compensation. MOTOR VEHICLE REPAIR GARAGE - Means a building or structure used to conduct major and minor mechanical repairs of motor vehicles and small engines and in conjunction with which there may be a towing service, a motor vehicle gasoline bar and motor vehicle rentals for the convenience of the customer while the motor vehicle is being repaired. SECTION 6: DEFINITIONS 76 MOTOR VEHICLE WASH, AUTOMATIC - Means a building or structure containing facilities for washing motor vehicles for compensation using production line methods and mechanical devices, but does not include any other motor vehicle establishment defined in this By-law where car washing is done only as incidental to the principal operation. MOTOR VEHICLE WASH, SELF SERVE - Means a building or structure containing facilities for washing motor vehicles for compensation using self- service operation, but does not include any other motor vehicle establishment defined in this By-law where car washing is done only as incidental to the principal operation. MOTORIZED SNOW VEHICLE - Means a motorized snow vehicle within the meaning of The Motorized Snow Vehicle Act. MUNICIPAL ROAD ALLOWANCE - Means an area of land owned by the municipality designed for the purpose of access and may contain a public road, private road or Publicly Owned Trail but does not include a lot. NAVIGABLE WATERWAY - Means a body of water that is capable of affording reasonable passage of floating vessels of any description for the purpose of transportation, recreation or commerce. NON-COMPLYING - Means a lot, building or structure that does not meet the requirements of the zone standards of this By- Law for the zone in which the lot, building or structure is located. NON-CONFORMING - Means the use of any land, building or structure which is not within the required permitted uses set out in this By-Law for the zone in which the land, building or structure is located. NURSERY - Means the use of land, buildings or structures for the growing of plants, shrubs, trees or similar vegetation and the selling of such produce on the premises. OFFICE - Means a building or part of a building in which one or more persons are employed in the management, direction or conducting of a business or where professionally qualified persons and their staff serve clients or patients who seek advice, consultation or treatment and may include the office of a single medical practitioner or administrative offices of a non-profit or charitable organization but does not include any other establishment otherwise defined or classified in this By-law. OPEN AIR FARMERS' MARKET - Means an establishment or premises where the farm products of a local farming community are sold at retail from uncovered or open air areas designated for individual retailers. SECTION 6: DEFINITIONS 77 OUTDOOR FURNACE - Means a building or structure that is used to provide heat or heated liquid to a building on a lot from a detached accessory building or structure on the lot. OUTSIDE DISPLAY AND SALE - Means an open air area use for exhibiting in an orderly manner, completely assembled or finished products sold by a retail store located on the same lot. For the purposes of this By-law, the overnight parking of vehicles or watercraft must not be deemed to be outside storage. OUTSIDE STORAGE - Means the storage of equipment, goods, or raw or processed materials outside of any building or structure. For the purposes of this By-law, the overnight parking of vehicles or watercraft is not deemed to be outside storage. PARK - Means lands that are largely devoted to open space, and that may contain passive or active recreation, and are generally characterized by natural, historic, landscape or recreational features or activities, but does not include a mobile home park or trailer park. PARK, PRIVATE - Means a park that is not owned by a public authority. PARK, PUBLIC - Means a park, owned or controlled by the Town of Bracebridge or by any other public authority. PARKING AREA - Means an open area, other than a street, used for the temporary parking of two or more motor vehicles and available for public use where free, for compensation or as an accommodation for clients or customers or residents, but does not include the storing of impounded or wrecked vehicles in a specifically designated area or compound. PARKING SPACE - Means the portion of a building or lot used for the parking of a motor vehicle but does not include a loading space. PARKING SPACE, ACCESSIBLE TYPE A - Means a parking space identified in the Ontarians with Disabilities Act as being designated for use for persons with disabilities and signed to identify the parking space as "van accessible". PARKING SPACE, ACCESSIBLE TYPE B - Means a parking space identified in the Ontarians with Disabilities Act as being designated for use for persons with disabilities but has the same dimensions as a standard parking space. SECTION 6: DEFINITIONS 78 PASSENGER SHELTER - Means the use of a building or structure for the purpose of providing a covered waiting area for fare paying passengers awaiting pick up by trains and commercial motor vehicles. PASSENGER TRANSPORTATION DEPOT - Means a building or premise where trains and commercial motor vehicles pick up and discharge fare paying, inter-city and intra-city passengers. Accessory uses may include ticket office, luggage checking facilities and similar uses. PATIO - Means a surfaced open space of land at grade adjacent to a residential dwelling unit, which is used as an outdoor living area. PERSONAL SERVICE SHOP - Means a building or part of a building wherein a personal service is performed including, but not necessarily restricted to, a barber shop, a beauty salon, a shore repair shop, a tailor or dressmaking shop, an arts and crafts shop, photographic studio, or registered massage therapist, but does not include any other uses defined in this By-law. PLUMBING FIXTURE - Means a sink, toilet or shower. PLACE OF ENTERTAINMENT - Means a building or structure where entertainment is offered for gain or profit such as a motion picture theatre, public hall, billiard or pool rooms, bowling alley, dance hall or similar activity for the enjoyment of the general public but does not include any other establishment otherwise defined or classified in this By- law. PLACE OF WORSHIP - Means a premises used by religious group(s) for the practice of religious services. PORCH - Means a roofed open structure projecting from the exterior wall of a building and having at least fifty percent of the total area of the vertical planes forming the perimeter unobstructed in any manner except by insect-screening between floor and ceiling. PRINTING AND PUBLIC ESTABLISHMENT - Means a building or structure used for blueprinting, engraving, stereotyping, electro-typing, printing or typesetting and include a duplicating shop and a letter-shop but does not include any other establishment otherwise defined or classified in this By-law. PRIVY - Means a latrine which is contained in a separate detached structure that contains no other uses. SECTION 6: DEFINITIONS 79 PUBLIC AUTHORITY - Means any Federal, Provincial, District or Municipal government or any electric power generation and distribution companies. PUBLIC HOUSING - Means housing which is provided by a public authority, charitable organization or not for profit business and may include a crisis centre and a homeless shelter. PUBLIC OFFICE - Means any office used for the purpose of carrying out business of a public authority, utility or school board. PUBLIC WORKS YARD - Means any area operated by a public authority and used for the storage, manufacturing, maintenance or repair of buildings, infrastructure, material or equipment or any combination of these. PUBLICLY OWNED TRAIL - Means an area used by the public for hiking, horseback riding, cross country skiing or other forms of non- motorized recreational travel or motorized recreational travel as permitted in the Town of Bracebridge Recreational By-Law, as amended, that is maintained by a public authority but does not include any other use otherwise defined or classified in this By-law. PUMPHOUSE - Means a building or structure that is principally used for housing a pump(s) or other pumping equipment for fire suppression, potable water supply, sewage disposal, or other similar purpose. QUARRY - Means an area where consolidated aggregate, gravel and rock fragments are mined or excavated for sale or off-site use and where explosives may be used. RECREATION FACILITIES - Means a building or structure designated and equipped for the conduct of sports and leisure time activities such as a swimming pool or tennis courts and may also include outdoor facilities such as an outdoor bowling green or sports field. REFORESTATION ACTIVITIES/TREE NURSERY - Means an area used for raising and harvesting of wood and includes the raising and cutting of fuel wood, pulp, wood, lumber, Christmas trees and other products. REFRESHMENT PAVILION OR BOOTH - Means a building or structure used for selling prepared food and drink for immediate consumption on the premises and no provision is made for the consumption of food by the customers within the building, but does not include any other establishment otherwise defined or classified in this By-law. SECTION 6: DEFINITIONS 80 REGULATORY FLOOD ELEVATION - Means the elevations delineated on the Flood Risk Maps. RENTAL AGENCY - Means a building or structure or part of a building or structure in which articles are offered or kept for rent, lease or hire under agreement for compensation, but does not include any other establishment defined or classified in this By-law. REPAIR SHOP - Means a building, or part of a building not otherwise defined or classified herein, and whether conducted in conjunction with a retail store or not for the servicing or repairing of articles, goods or materials but not manufacturing of the same. RESTAURANT - Means a commercial establishment in which the principal business is the preparation and serving of food and refreshments to the public for immediate consumption within the establishment or on an abutting terrace or patio and which may include home delivery, catering or food pick-up/take-out services, accessory brewery or accessory distillery within the establishment RESTAURANT, DRIVE-THRU - Means a commercial establishment in which food and refreshments are prepared and served to the public for immediate consumption within the establishment or by means of an order or window service which motor vehicles access from the parking area and approach using designated lanes. RETAIL STORE - Means a building or part of a building in which goods, wares, merchandise, substances, articles, things or services are offered or kept for sale at retail or on a rental basis but does not include any other establishment otherwise defined or classified in this By-law. RETIREMENT HOME - Means a building providing self-contained units without kitchens for persons 65 years or older includes common facilities for the preparation and consumption of food, and ancillary medical facilities and may include common lounges, recreation rooms. SALVAGE YARD - Means an area outside of an enclosed building where motor vehicles are disassembled and dismantled, or where vehicles in an inoperable condition or used motor vehicle parts are stored or re-sold. SAWMILL - Means a building, structure or area where timber is cut, sawed or planed, either to finished lumber or as an intermediary step and may include land used for outside storage of raw or finished lumber or products; facilities for the kiln drying of lumber; and may or may not include the distribution of such products on a wholesale basis. SECTION 6: DEFINITIONS 81 SCHOOL - Means a Provincially approved institution for academic instruction and may include a public, private or separate school, a vocational school, college or university. SEASONALLY MAINTAINED PUBLIC ROAD - Means a public street or road, which is maintained by the Province of Ontario, District or Town of Bracebridge but does not include snow removal by the Province of Ontario, District or Town of Bracebridge. SEPTIC SYSTEM LEACHING BED DISTRIBUTION PIPES - Means a line or lines of perforated or open jointed pipe or tile installed in a leaching bed for the purpose of distributing effluent from a treatment unit to the soil, as defined in the Ontario Building Code, and does not include the mantle area. For the purposes of this By-law, septic system leaching bed distribution pipes shall be considered a structure. SERVICE TRADE SHOP - Means an establishment which provides a non-personal service or craft to the general public, including, a Repair Shop, a custom print or copy shop, a monument engraving shop or the business premises of a printer, plumber, tinsmith, craftsman, painter, carpenter, cabinet maker, electrician, taxidermist, pest exterminator, roofer, insulation installer, furrier, weaver, upholsterer, interior decorator, caterer, engraver, cleaner or locksmith, but does not include a building supply yard, Contractor's Yard, Motor Vehicle Use, transport terminal or Funeral Home. SEWAGE FACILITY - Means an area, building or structure owned or operated for a public authority for the storage, treatment and disposal of sewage, and includes sewage treatment plant, sanitary sewage disposal sites, waste stabilization ponds, and sewage lagoons. SEWAGE TREATMENT PLANT - Means an area, building or structure operated by a public authority for the purpose of treating and disposing of solid waste. SHIPPING CONTAINER - Means an article of transportation equipment, including one that is carried on a chassis, that is strong enough to be suitable for repeated use, and is designed to facilitate the transportation of goods by one or more means of transportation and includes, but is not limited to, intermodal shipping containers but does not include a currently licensed motor vehicle. SHOPPING CENTRE - Means a group of commercial uses designed, developed and managed as a unit by a single owner or tenant, or group of owners or tenants. SECTION 6: DEFINITIONS 82 SHORELINE BUFFER - Means a natural area maintained in its natural predevelopment state for the purpose of buffering buildings or structures on a lot. Where the natural state does not include significant vegetative cover the area shall be planted with indigenous trees and shrubs except where the natural state is natural bedrock outcropping. Such a buffer shall consist of trees or shrubs a minimum of 1.8 metres in height and a minimum density of one tree per 9.3 metres of the required buffer. SIGHT TRIANGLE - Means the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 7.5 metres, measured along the street line from the point of intersection of the street lines. Where the two street lines do not intersect at a point, the point of intersection of the street lines is deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. SLEEPING CABIN - Means an area in the second storey of a boathouse or detached garage or a separate detached accessory building that is located on the same lot as the principal building, and that is used for sleeping accommodation in which sanitary facilities may be provided, but does not include cooking facilities. SPECIALITY FOOD STORE - Means a building or structure or part thereof, specializing in a specific type or class of foods such as confectionery store, bakery, butcher shop, delicatessen, fish market, gourmet food store, frozen food store, bulk food store, and similar food stores but does not include any other establishment otherwise defined or classified in this By-law. STREET OR ROAD - Means land that is improved, designed or ordinarily used for vehicular traffic. STREET OR ROAD, CONDOMINIUM - Means a private road which is owned and maintained by a condominium corporation. STREET OR ROAD, PRIVATE - Means a thoroughfare for vehicular and pedestrian traffic, which is not assumed and not maintained by/under the jurisdiction of the Province of Ontario, District, or Town of Bracebridge. STREET OR ROAD, PUBLIC - Means a public thoroughfare for vehicular and pedestrian traffic, which is assumed and maintained by/under the jurisdiction of the Province of Ontario, District, or Town of Bracebridge, but does not include a private lane or private right-of-way. STREET LINE - Means the limit of the street or road allowance as the dividing line between a lot and a street or road. SECTION 6: DEFINITIONS 83 STRUCTURE - Means anything that is erected, built or constructed of parts joined together and permanently located on or in the ground or attached to any other structure permanently located on or in the ground. Structural development includes new buildings, additions, and enlargements. SUNDECK - Means a roofless, unenclosed structure accessory to a dwelling, consisting of a platform raised not more than 0.6 metres above finished grade, with or without steps. SUPERMARKET - Means a retail store in which a balanced line of goods such as canned, bottled, packages and frozen food, fresh meat and poultry, fish, fresh fruits and vegetables, prepared foods, bakery products, dairy products, candy and confectionary, other food products and pharmaceuticals are sold. In addition newspapers, magazines, paper products, soft drinks, tobacco products, health and beauty aids, housewares, flowers and plants and other non-food articles may be sold or services offered provided they are subordinate to the main use. TENT - Means every kind of temporary shelter that is not permanently affixed to the site and that is capable of being easily moved. TOP OF BANK - Means the point of the slope where the downward inclination of the land begins, or the upward inclination of the land levels off. This point is situated at a higher topographic elevation of land than the remainder of the slope. TOURIST CABIN - Means a building that is part of a Camping Establishment and that is rented on a temporary basis to the public traveling predominantly by motor vehicle, with each cabin being one rental unit. TOURIST CAMP - Means and includes a seasonal tent or trailer camp and any parcel of land or premises equipped with cabins used or maintained for the accommodation of the public. TOURIST ESTABLISHMENT - Means a commercial establishment designed for the traveling or vacationing public, and that has facilities for accommodation and may serve meals or provide kitchen facilities and may furnish equipment, supplies or services to persons for recreational purposes, but does not include a camping establishment. TRAILER, PARK MODEL - Means a recreational trailer which is a manufactured building as defined by the Standards Council of Canada, CAN/CSA-Z241 or successor thereof, that is constructed and certified in accordance with this standard and that is built on a single chassis, designated to facilitate relocation from time to time and designed exclusively for seasonal recreational use. SECTION 6: DEFINITIONS 84 TRAILER, TRAVEL - Means any vehicle in which the assembly can be erected, while stationary, using the trailer body and related components for support and utilized for living, shelter and sleeping accommodation, with or without cooking facilities, which is collapsible and compact while being drawn by a motor vehicle. TRAILER, TRANSPORT - Means any long platform or box with wheels designed to be pulled behind a transport truck and used for the transporting of goods, articles or materials. TRAINING CENTRE - Means a building or part thereof where specialized instruction is provided for a particular skill or profession. TRUCK OR TRANSPORTATION DEPOT - Means a premise where goods or wares are stored and where trucks, buses or transports are stored, serviced, repaired, kept for hire, loaded or unloaded. USE - Means the purpose for which any portion of a lot, building or structure is designed, arranged, intended, occupied or maintained. VETERINARY CLINIC - Means a building or part of a building where animals or pets are given medical or surgical treatment, within which there may be shelter facilities provided for overnight medical treatment but does not include a boarding kennel. WAREHOUSE - Means a building or part of a building used for storage and distribution of goods, wares, merchandise, substances, articles or things, and may include facilities for a wholesale or retail commercial outlet not exceeding 25% of the gross floor area. WASTE DISPOSAL AREA - Means a facility operated by or for the Town of Bracebridge or District, where garbage, refuse or domestic or industrial waste is disposed of or dumped, and includes a sewage treatment plant or sewage lagoon. WASTE TRANSFER FACILITY, PRIVATE - Means an operation in which recyclable materials are sorted from solid, non-hazardous, non-putrescible construction waste and temporarily stored on site. WATER FRONTAGE - Means a piece of land fronting on and providing access to a navigable waterway, bay or lake. WATER TREATMENT PLANT - Means an area, building or structure operated by a public authority for the purpose of treating water for public use. SECTION 6: DEFINITIONS 85 WATERBODY - Means any natural or constructed body of water including lakes, ponds, streams, channels and wetlands. WATERCOURSE - Means any stream, river or channel in which a flow of water occurs, either continuously or intermittently, with some degree of regularity. WATERFRONT LANDING - Means the use of land as a docking and parking facility, which serves as a mainland access point for a commercial property or 2 or more residential properties that are accessible by water, but which does not include a Marina. WAYSIDE PIT AND QUARRY - Means a temporary pit or quarry opened and used by or for a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. WETLAND - Means lands that are seasonally or permanently flooded by shallow water as well as lands where the water table is close to the surface; in either case the presence of abundant of water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. WHOLESALE OPERATIONS - Means establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers, or acting as agents of brokers and buying merchandise from, or selling merchandise to, such individuals or companies but shall not include any other establishment otherwise defined or classified in this By-law. WINERY - Means a building used primarily for the manufacturing, processing and distribution of wine. WOODLAND RETREAT - Means a building occupied on a temporary basis and used for recreational resource based activities other than hunting, which provides seasonal or temporary accommodation in a remote location where municipal or community services are usually not available. A woodland retreat must not be used as a dwelling unit or a commercial use. WORKSHOP - Means a building or structure where manufacturing is performed by tradesmen requiring manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial welder's shop, or similar uses. YARD - Means a space, appurtenant to a building or structure, located on the same lot as the building or structure, and which space is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures or uses as are specifically permitted elsewhere in the By-law. SECTION 6: DEFINITIONS 86 YARD, FRONT - Means that portion of a lot extending across the full width of the lot between the front lot line and the nearest wall of any building or structure on the lot for which the yard is required. YARD, REAR - Means that portion of a lot extending across the full width of the lot between the rear lot line and the nearest wall of any building or structure on the lot for which the yard is required. YARD, REQUIRED - Means the minimum yard required by the provisions of this By-law. YARD, SIDE - Means that portion of the lot extending from the front yard to the rear yard between the side lot line and the nearest wall of any main building on the lot for which the yard is required. YARD, SIDE EXTERIOR - Means a side yard immediately adjoining a street line. YARD, SIDE INTERIOR - Means a side yard other than a side yard that immediately adjoins a street line. YEAR ROUND MAINTAINED PUBLIC ROAD - Means a public street or road, which is maintained by the Province of Ontario, District or Town of Bracebridge the entire year and includes snow removal by the Province of Ontario, District or Town of Bracebridge. SECTION 7: SPECIAL PROVISIONS 87 7. SPECIAL PROVISIONS 7.1. EXCEPTIONS 7.1.1. Residential Zone Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R1-1 - - Permitted uses are limited to those uses existing at the date of the passing of this By-law R1-2 - - Permitted uses are limited to those uses existing at the date of the passing of this By-law until such time as full municipal services are available then the permitted uses are all those uses in the R1 Zone R1-3 - - Permitted uses are all those uses in the R1 Zone with the minimum lot size being the lot size at the date of the passing of this By-law R1-4 RR-10 2006-120 Permitted uses are all those in the R1 Zone including Veterinary Clinic and parking shall be permitted in the side and rear yards, a minimum of 3m m from side and rear lot lines, which 3m shall be reserved for no other purpose than a planting strip R1-5 R1-14 87-63 Permitted uses are all those uses in the R1 Zone including an upholstery business in an accessory building. R1-6 R1-18 88-62 Permitted uses are all those uses in the R1 Zone with no frontage on a public road. R1-7 R1-68 2016-034 Permitted uses are all those uses in the R1 zone excluding a Second Dwelling Unit with a minimum lot frontage of 12 metres, minimum lot area of 360 square metres and maximum lot coverage of 45% of the lot area. R1-8 R-11 R-16 90-58 98-76 Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m, a minimum exterior side yard of 3m, a floor area per dwelling unit between 83m2 and 140 m2 and a maximum building footprint of 97.5m2 R1-9 R1-36 92-18 Permitted uses are all those uses in the R1 Zone including Duplex Dwelling with minimum frontage of 20m with the provisions that the floor area of each dwelling unit shall be minimum of 60.3m2 R1-10 R1-39 92-38 Permitted uses shall be restricted to Detached Dwelling and Office being an aesthetic and hairdressing salon (which may include the sale of various sundry items). R1-11 R1-37 92-39 Permitted uses are all those uses in the R1 Zone with a minimum front yard of 8.5m, a minimum interior side yard of 2.1m and 3.6m and a minimum rear yard of 10.9m R1-12 R1-43 94-20 Permitted uses are all those uses in the R1 Zone with minimum lot frontage of 30m R1-13 R1-46 94-65 Permitted uses are all those uses in the R1 Zone with a minimum lot frontage of 15 metres and with Lot 20 of Plan 35M-650 having a minimum exterior side yard of 1.8m. SECTION 7: SPECIAL PROVISIONS 88 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R1-14 R1-47 94-65 Permitted uses are all those uses in the R1 Zone with a minimum setback of 15m from the top of the bank which shall be defined as the point where the land slope exceeds 12%, there shall be no structures other than a dock located in the front yard, docks shall be limited to a maximum projection of 3m, the minimum exterior side yard is 1.8m for the lot directly south of the unopened concession road between Concession 13, Draper Ward and Concession 1, Macaulay Ward. R1-15 R1-63 2015-060 Permitted uses are all those uses in the Residential Type 1 (R1) Zone with parking spaces permitted on the lot or in the driveway as existing on the date of passing of this By-law R1-16 R1-50 96-03 Permitted uses are all those uses in the R1 Zone providing all lands located within the zone be considered one lot for all purposes under the Planning Act R1-17 R1-4 2006-120 Permitted uses are all those uses in the R1 Zone including permitting a Second Dwelling Unit on a lot with a lot frontage of 15m. R1-18 R-20 2000-78 Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m R1-19 R-21 2000-78 2000-92 Permitted uses are all those uses in the R1 Zone with a minimum lot frontage of 15m, a minimum interior side yard of 1.5m and a minimum exterior side yard of 6m R1-20 R-19 2000-79 Permitted uses are all those uses in the R1 Zone provided no buildings or structures, except fences, may be located within 12m of the rear lot line R1-21 R-22 2000-92 Permitted uses are all those uses in the R1 Zone with a minimum lot frontage of 10m and a minimum interior side yard of 1.5m R1-22 R1-4 2006-120 Permitted uses are all those uses in the R1 Zone including permitting a Second Dwelling Unit on a lot with a lot frontage of 15m and a lot area of 445m2. R1-23 R1-60 2001-105 Permitted uses are all those uses in the R1 Zone including a maximum of 4 Apartment Dwelling Units with a separate outdoor area of a minimum of 23m2 per unit R1-24 R1-67 R1-26 2005-122 2006-120 Permitted uses are all those uses in the R1 Zone with a minimum lot area of 1,337m2 and a minimum lot frontage of 36.5m R1-25 R1-62 2004-65 Permitted uses are all those uses in the R1 Zone with the Home Occupation to employ a maximum of 3 persons other than residents of the detached dwelling, the maximum gross floor area of the Home Occupation if 95.7m2, and all other provisions of a Home Occupation shall apply R1-26 R1-65 2016-014 The only permitted use is a parking area for the property zoned C3-8 with all the lands in the R1-26 Zone and the C3-8 Zone considered one lot for planning purposes. SECTION 7: SPECIAL PROVISIONS 89 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R1-27 R1-66 2016-014 Permitted uses are all those uses in the R1 Zone with additional permitted uses of Financial Services Establishment, Office, and Tourist Establishment with the lot area and frontage requirements shall be deemed to be the original lot area and lot frontage of each individual lot prior to the lots merging in title. R1-28 R1-67 2016-014 Permitted uses are all those uses in the R1 Zone with additional permitted uses of Financial Services Establishment, Office, and Tourist Establishment. R1-29 R-36 2006- Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m, a minimum exterior side yard of 5.4m, maximum lot coverage of 25% and a minimum setback of 9m from any EP1 Zone R1-30 R-37 2006- Permitted uses are all those uses in the R1 Zone with a minimum frontage of 13.7m, a minimum interior side yard of 1.5m, a minimum exterior side yard of 5.4m, maximum lot coverage of 25% and a minimum setback of 9m from any EP1 Zone R1-31 R1-61 2015-061 Permitted uses are all those uses in the Residential Type 1 (R1) Zone with a Second Dwelling Unit permitted in an accessory building. A maximum floor area of 39 square metres for the second floor of the accessory building can be used for the Secondary Dwelling Unit and If the Secondary Dwelling Unit is contained within an accessory building, the Secondary Dwelling Unit is limited to a maximum of fifty percent (50%) of the gross floor area of the accessory building. R1-32 - - Permitted uses are all those uses in the R1 zone including Seasonal Dwelling and a Sleeping Cabin in accordance with Section 3.3.2 (*1) of this By-Law with a minimum lot frontage of 60m. R1-33 - - Permitted uses are limited to those uses existing on the date of passing of this By-law including conservation uses, church, cemetery and a dwelling unit. R1-34 C2-10 - Permitted uses are all those uses in the R1 Zone including Accessory Dwelling Unit and Motel with the Motel to have a maximum of 18 units and meet the CT Zone provisions for a Motel. R1-35 C3-41 - Permitted uses are all those uses in the R1 Zone including Motor Vehicle Gasoline Bar and Motor Vehicle Repair Garage with the Motor Vehicle Gasoline Bar and Motor Vehicle Repair Garage to have a minimum setback of 9m from any adjacent property zoned residential R1-36 M1-16 - Permitted uses are all those uses in the R1 Zone including Builder's Yard, Landscape Centre, Light Equipment Sales and Rental, Workshop, Accessory Open Storage, Accessory Outside Display and Sale and Accessory Retail Store with a minimum front yard of 15m, a minimum north side yard of 9 m, a minimum south side yard of 18m, a minimum rear yard of 20.5m, and the Retail Store to occupy no more than 25% of the gross floor area of any building SECTION 7: SPECIAL PROVISIONS 90 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R1-37 C2 - Permitted uses are all those uses in the R1 Zone including Accessory Dwelling Unit and Motel with the Motel to meet the CT Zone provisions for a Motel R1-38 R1-55 2013-008 Permitted uses are all those uses in the R1 Zone including one accessory apartment dwelling unit, which with a Second Dwelling Unit would permit a maximum of three dwelling units. R1-39 R1-29 R1-30 2007-005 Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m, a minimum exterior side yard of 5.4m, and maximum lot coverage of 25%. R1-40 R1-45 2009-005 Permitted uses are limited to those uses existing at the date of passing of this By-law until such time as full municipal services are available, at which time the permitted uses are all those uses permitted in the R1 Zone with the provision that the lots may front on a navigable waterway and not require any year round maintained public road frontage R1-41 R1-1 2007-039 Permitted uses are all those uses in the R1 Zone with Lots 25 and 26 having a minimum lot frontage of 17.8 m R1-42 R1 2008-081 Permitted uses are all those uses in the R1 Zone with a minimum rear yard of 1.18 metres R1-43 R1 R1-27 R1-28 2008-081 Permitted uses are all those uses in the R1 Zone with minimum lot frontage of 14.6 m, a minimum interior side yard for one storey dwelling of 1.8 metres on garage side and 1.2 metres on the other side, a minimum interior side yard for a dwelling over one storey of 1.8 metres on garage side and 1.5 metres on the other side, maximum lot coverage of 35% and a minimum exterior side yard of 4.2 metres. For the R1-43 zone, the lot frontage shall be measured as the horizontal distance between the side lot lines measured along the front lot line, except where the lot line is not a straight line, or where the side lot lines are not parallel, in which case the lot frontage is to be measured by the greater of (i) a line measured back at the minimum front yard (ii), the chord of the front lot line which shall be measured as a straight line joining the two points where the side lot line intersect the front lot line R1-44 R1-17 2008-109 Permitted uses are all those uses in the R1 Zone including a garden suite for a 10 year period until November 12, 2018 R1-45 R1-50 2009-080 Permitted uses are all those uses in the R1 Zone with minimum lot frontage for Lots 2, 68 to 71, 74 and 75, as shown on Schedule 'A' to By-law 2009-080, is 13.7m, a minimum rear yard for Lot 19, as shown on Schedule 'A' to By-law 2009-080, is 9m, minimum rear yard for Lot 70, as shown on Schedule 'A' to By-law 2009-080, is 8.5m, minimum rear yard for Lots 71 to 74, as shown on Schedule 'A' to By-law 2009-080, is 10m, a minimum interior side yard of 1.5m, a minimum exterior side yard of 5.4m and minimum setback of 9m from an EP1 Zone SECTION 7: SPECIAL PROVISIONS 91 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R1-46 R1-51 2009-080 Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m, a minimum exterior side yard of 5.4m, minimum setback from TransCanada Pipeline and Bell Canada Easement is 9m and minimum setback of 9m from an EP1 Zone. R1-47 R1-29 2009-080 Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m, a minimum exterior side yard of 5.4m and minimum setback of 9m from an EP1 Zone R1-48 R1-30 2009-080 Permitted uses are all those uses in the R1 Zone with minimum lot frontage of 13.7m, a minimum interior side yard of 1.5m, a minimum exterior side yard of 5. m and minimum setback of 9m from an EP1 Zone R1-49 R1-38 2009-080 Permitted uses are all those uses in the R1 Zone with a minimum interior side yard of 1.5m, a minimum exterior side yard of 5.4m, Section 4.21.11 does not apply, minimum setback from TransCanada Pipeline and Bell Canada Easement is 3m and minimum setback of 9m from an EP1 Zone R1-50H R1-69H 2016-077 Permitted uses are all limited to the existing uses until the Holding Symbol is removed at which time the permitted uses are all those uses in the R1 zone with a minimum lot frontage of 15 metres. The Holding Symbol may only be removed once a Functional Servicing Report is submitted to the satisfaction of the District of Muskoka and a Servicing Agreement is entered into with the District of Muskoka. R2-1 R2-10 2014-050 Permitted uses are all those uses in the R2 Zone excluding semi-detached and duplex dwellings. R2-2 R2-13 88-51 Permitted uses are all those uses in the R2 Zone including Apartment Dwelling with a maximum of 5 Dwelling Units and a minimum lot frontage of 22.2m. R2-3 R2-21 89-27 Permitted uses are all those uses in the R2 Zone a minimum lot frontage of 27m R2-4 R2-36 93-22 Permitted uses are all those uses in the R2 Zone with minimum lot frontage of 20m with each dwelling unit having an outdoor privacy area of 23m2 R2-5H RM-15H 2004-07 Permitted uses are only those uses existing at the date of passing of this By-law until the Holding Symbol is removed by By-law at which time the permitted uses are limited to Detached Dwelling and Duplex Dwelling with minimum lot frontage of 18m, minimum lot area of 613m2, with each dwelling unit having an outdoor privacy area of 23m2. The Holding Symbol may be removed once the owner has entered into a Site Plan Agreement with the Town. R2-6 RM-18 2006-32 Permitted uses are limited to Detached Dwelling and Duplex Dwelling with minimum lot area of 18m and with each Dwelling Unit having a separate outdoor privacy area of 23m2 R2-7 R1 2007-026 Permitted uses are limited to semi-detached dwelling with minimum lot frontage of 8.3 m and a minimum interior side yard of 0.82m SECTION 7: SPECIAL PROVISIONS 92 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R2-8 R2 2007-023 Permitted uses are all those uses in the R2 Zone with minimum lot area of 288 sq m and minimum lot frontage of 8.8 m R2-9 R2 2008-081 Permitted uses are all those uses in the R2 Zone with 3 dwelling units being permitted R3-H - - Permitted uses are only those uses existing at the date of passing of this By-law until the Holding Symbol is removed by By-law at which time the permitted uses are all those uses in the R3 Zone. The Holding Symbol may be removed once the developer has entered into a Site Plan Agreement with the Town which include storm water management plans be prepared satisfactory to the Town and the site plan showing visual barriers in accordance with Section 4.23. R3-1 R3-4 82-83 Permitted uses are all those uses in the R3 zone with the maximum of 3 Dwelling Units R3-2 R3-7 89-105 Permitted uses are limited to Apartment Dwelling with a maximum of 3 units with a minimum lot frontage of 30m R3-3 R3-14 95-113 Permitted uses are all those uses in the R3 Zone including an Apartment Dwelling with a maximum of 7 Dwelling Units with a maximum of 10 parking spaces permitted in the exterior side yard R3-4 R3-16 99-118 Permitted uses are limited to Detached Dwelling, Semi- Detached Dwelling, Duplex Dwelling, and Apartment Dwelling with a maximum of 3 dwelling units, and Row Housing with a maximum of 4 dwelling units with a provision that municipal sewers must be connected to when they become available. R3-5 R3-22 2016-005 Permitted uses are all those uses in the R3 Zone with the minimum lot frontage for an end unit row dwelling being 6 metres, a minimum interior side yard of 1.5 metres, a maximum lot coverage for Lot 2 of Plan 35M- 738 being 40% and the minimum lot area for Lot 2 of Plan 35M-738 is 222 square metres. R3-6 R3-19H 2012-082 Permitted uses are limited to the existing uses including one Accessory Apartment Dwelling Unit to be located within the existing structure until the Holding (H) Symbol is removed. Once the Holding (H) Symbol is removed the permitted uses are all those uses in the Residential Type 3 (R3) Zone. The following provisions apply to the Residential Type 3 - 19 Holding (R3-19H) Zone: Permitted Uses i) The minimum lot frontage is 14 metres for the existing single detached dwelling and one accessory apartment dwelling unit: ii) The minimum west interior side lot line is 0.24 metres for the existing single detached dwelling and one accessory apartment dwelling unit: iii) Each dwelling unit shall have a separate outdoor privacy area of 23 square metres; and iv) The Holding (H) Symbol may be removed by By-law, once a Site Plan Agreement has been entered into with the Town of Bracebridge. SECTION 7: SPECIAL PROVISIONS 93 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R3-7 R3-22 2006-50 Permitted uses are limited to Row Housing with minimum rear yards as shown in the Site Plan Agreement registered on tile on the date of passing of this By-law. R3-8H - - Permitted uses are limited to those uses existing at the date of passing of this By-law until the Holding (H) Symbol is removed by By-law at which time the permitted uses are all those uses in the R3 Zone including Apartment Dwelling, Fourplex Dwelling, Medical Clinic, Place of Worship, and Retirement Home. The Holding (H) Symbol may be removed once the Town has accepted a current Functional Servicing Study as detailed in Section 3.16 of the Town of Bracebridge Official Plan, an Environmental Impact Statement including natural features, a Transportation Study, a Conceptual Plan for the entire South Bracebridge Adult Lifestyle Residential Designation and detailed concept of site plans for the individual phases of the development. The Apartment Dwelling and Fourplex Dwelling must meet the zone provisions of the R4 Zone and a maximum density of 40 units per hectare R3-9H - - Permitted uses are only those uses existing at the date of passing of this By-law until the Holding Symbol is removed by By-law at which time the permitted uses are all those uses in the R3 Zone with no public access from any of Gow Street, Joseph Street or Birch Street. The Holding Symbol may be removed once the developer has entered into a Site Plan Agreement with the Town which includes storm water management plans prepared satisfactory to the Town and the site plan showing visual barriers in accordance with Section 4.23 R3-10 R1 2006-130 Permitted uses are all those uses in the R3 Zone excluding Row Dwelling with a minimum lot area of 805 sq m, minimum lot frontage of 20 m, a minimum front yard of 2 m, a minimum south interior side yard of 2.9 m, a minimum north interior side yard of 1.8 m, and the existing shed shall have a south interior side yard of 0.57 m R3-11H R3-6H 2007-051 2007-099 Permitted uses are only those uses existing at the date of passing of this By-law until the Holding Symbol is removed by By-law at which time the permitted uses are all those uses in the R3 Zone with the provisions of the R1-43 Zone to apply to any detached dwelling. The Holding Symbol may be removed once the developer has entered into a Site Plan Agreement with the Town, Subdivision Agreement with the District and Servicing Agreement with the District SECTION 7: SPECIAL PROVISIONS 94 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R3-12 R3-7 2007-050 Permitted uses are limited to Row Dwellings with minimum lot area being the lesser of 230 sq m or the amount shown on Schedule 'A' of By-law 2007-050, minimum rear yard shall be the lesser of 10.5 m or the amount shown on Schedule 'A' of By-law 2007-050, a minimum eastern interior side yard for Lot 7 shall be 3.88 m and a maximum of 12 dwelling units are to be attached to each other R3-13 R1 2007-081 Permitted uses are all those uses in the R3 Zone including a Fourplex with minimum lot area of 404 sq m., minimum lot frontage of 20 m, existing building setbacks shall be deemed to conform, visual barrier adjacent to north lot line shall be a fence, and maximum lot coverage of 45% R3-14 R2 2009-017 Permitted uses are all those uses in the R3 Zone with a minimum lot frontage of 7.8 m for Row Dwelling end unit, a minimum interior side yard for Row Dwelling of 2 m, parking permitted in the front yard R3-15 R1 2008-081 Permitted uses are all those uses in the R3 Zone with a minimum lot frontage of 30.17 metres, minimum lot area of 1,207.7 sq. m. and a triplex dwelling requires a minimum side yard of 7.5 metres R3-16 R3-5 2008-105 Permitted uses are all those uses in the R3 Zone including Group Housing with a maximum of 5 dwelling units, Group Housing to consist of one triplex and two semi-detached dwelling units, minimum interior side yard for semi-detached of 6.7 m, minimum rear yard of 7.5 m, no visual barrier along west side and visual barrier on east side commencing at 7.5 m from curb of Taylor Road R3-17 R3 2010-054 Permitted uses are all those uses in the Residential Type 3 (R3) Zone including a Triplex Dwelling with a minimum lot frontage of 18 metres and a minimum setback from the interior side yard of 2.7 metres to recognize the existing deck. R3-18 R1-2 2011-011 Permitted uses are all those uses in the Residential Type 3 (R3) Zone with end units to have a minimum interior side yard of 1.0 metre and a minimum frontage of 7.75 metres. R3-19 R1-2 2011-011 Permitted uses are all those uses in the Residential Type 3 (R3) Zone with a minimum frontage of 25 metres. SECTION 7: SPECIAL PROVISIONS 95 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R3-20 R3-H 2016-003 Permitted uses are limited to the existing uses until the Holding Symbol is removed, at which time the permitted uses are all those uses in the R3 Zone including a Senior Citizen's Home subject to the standards of Section 3.2.3.3 for an Apartment Dwelling shall apply for a Senior Citizen's Home, the minimum lot area is 0.4 hectares, the minimum parking requirement for a Senior Citizen's Home is 1 parking space per unit with 0.75 parking spaces per unit allocated for residences of the Senior Citizen's Home and 0.25 parking spaces per unit allocated for visitor and staff parking. The Holding Symbol may be removed once a site plan agreement has been entered into with the Town of Bracebridge and an agreement has been entered into with the District of Muskoka respecting an assignment of municipal water and sewage treatment capacity, R3-21 R2-1 2015-040 permitted uses are all those uses permitted in the Residential Type 3 (R3) Zone including Group Housing with the following additional provisions: i) A maximum of five (5) dwelling units are permitted; ii) The Group Housing consists of one building with three dwelling units and a duplex (which may include two units located above a garage); iii) The front lot line is shown in green on Schedule "B" to By-law 2015-040; iv) The exterior side lot line is shown in blue on Schedule "B" attached hereto; v) The rear lot line is shown in orange on Schedule "B" to By-law 2015-040; vi) The minimum exterior side yard for the duplex dwelling is 3 metres. vii) Parking spaces are permitted 1.0 metre from an exterior wall which contains habitable room windows. SECTION 7: SPECIAL PROVISIONS 96 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R3-22H R3-24H 2016-077 Permitted uses are all limited to the existing uses until the Holding Symbol is removed at which time the permitted uses are all those uses in the R3 zone plus Group Housing and Fourplex Dwellings with the following zone provisions: i) The front lot line is deemed to be the lot line abutting the Original Road Allowance between Concession 2 and Concession 3 of Monck South Ward; ii) The maximum height is 9.0 metres; iii) A maximum of 30 dwelling units are permitted to a maximum density of 28.8 units per hectare; iv) The minimum lot frontage for an end unit row dwelling is 8.5 metres; v) The minimum setback for the end units of row dwellings is 1.5 metres except where abutting a lot line of a property containing a detached dwelling unit; vi) Access is only from Dandelion Lane; and vii) The Holding provision may only be removed once a Site Plan Agreement has been entered into with the Town of Bracebridge that addresses any road or intersection improvements as required by the Town of Bracebridge and the District of Muskoka; a Servicing Agreement has been entered into with the District of Muskoka; confirmation by the Town that a Cultural Heritage Resource Assessment is submitted to the satisfaction of the Ministry of Tourism, Culture and Sport; and a Traffic Impact Study is completed to the satisfaction of the Town of Bracebridge and the District of Muskoka. R4-1 R4-1 75-18 Permitted uses are limited to Apartment Dwelling with a maximum of 30 units R4-2 R4-3 77-85 Permitted uses are limited to Apartment Dwelling with a maximum of 20 units R4-3 R4-9 84-41 Permitted uses are all those uses in the R4 Zone excluding Row Housing, Fourplex Dwelling and Group Housing R4-4 R4-10 84-78 Permitted uses are all those uses in the R4 Zone excluding Row Housing, Fourplex Dwelling and Group Housing R4-5 R4-20 89-40 Permitted uses are all those uses in the R4 Zone with a maximum of 32 Dwelling Units, a minimum setback from the centerline of Ecclestone Drive and Anglo Street shall be 15m, a minimum setback of lot lines abutting Ecclestone Drive and Anglo Street shall be 5.1m, and a minimum interior side yard of 9m R4-6 R4-25 89-65 Permitted uses are all those uses in the R4 Zone a maximum of 6 Dwelling Units R4-7 R4-8 89-79 Permitted uses are all those uses in the R4 Zone excluding Apartment Dwelling R4-8 R4-26 89-115 Permitted uses are all those uses in the R4 Zone with a minimum setback of 30m from the Canadian Railway right-of-way and a maximum of 60 dwelling units. R4-9 R4-27 89-152 Permitted uses are all those uses in the R4 Zone with a maximum of 4 Dwelling Units and including 6 parking spaces for the property with roll number 010-006-076 SECTION 7: SPECIAL PROVISIONS 97 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R4-10 R4-12 91-81 Permitted uses are limited to an Apartment Dwelling with a maximum of 12 Dwelling Units R4-11 R4-36 2000-68 Permitted uses are all those uses in the R4 Zone with a maximum of 42 Apartment Dwelling Units with a maximum of 6 of the units being bachelor units. R4-12 R4-37 2000-90 Permitted uses are all those uses in the R4 Zone with a maximum of 25 Apartment Dwelling Units, with a minimum interior side yard of 0.15m on one side and 6m on other side R4-13 R4-39 2002-09 Permitted uses are all those uses in the R4 Zone with a minimum lot frontage of 12m, a minimum interior side yard of 5.4m, a maximum height of 16.7 m or 5 storeys, which is less, a maximum of 45 Apartment Dwelling Units and outdoor parking shall be located within Ontario Street and the Apartment Dwelling R4-14 R4-40 2002-64 Permitted uses are all those uses permitted in a R4 Zone with a minimum interior side yard of 9m R4-15H R4-29H 2014-088 Permitted uses are limited to the existing uses until the Holding Symbol is removed by by-law, at which time the permitted uses are all those uses in the Residential Type 4 (R4) Zone with the following provisions: i) The minimum setback from the north lot line is 3.0 metres; ii) The maximum number of units is 54; iii) Access to the site is limited to Dandelion Lane; and iv) The Holding (H) Symbol may only be removed once a Traffic Impact Study has been received to the satisfaction of the District of Muskoka and the Town of Bracebridge, a Servicing Agreement has been entered into with the District of Muskoka and a Site Plan Agreement has been entered into with the Town of Bracebridge. The Site Plan Agreement shall not be entered into with the Town, until the Town is satisfied that the development is in compliance with the Endangered Species Act. The Site Plan Agreement shall also include the following provisions, requiring the developer to: a. upgrade Dandelion Lane to the satisfaction of the Town; and b. make intersection improvements at Muskoka Road #118 West, and Dandelion Lane, if required, to the satisfaction of the District of Muskoka. SECTION 7: SPECIAL PROVISIONS 98 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R4-16 R4-32 2016-018 Permitted uses are all those uses in the Residential Type 4 (R4) Zone with the following provisions: i) The maximum number of dwelling units is sixty eight (68) units; ii) Parking is to be permitted in the front yard at a minimum setback of 4 metres from the front lot line; iii) Vehicular access from the road allowance to the north of the R4-16 Zone is prohibited; iv) The north lot line abutting the road allowance is considered the rear lot line; v) All vegetation must be retained within 10.5 metres of the rear lot line; vi) The minimum setback from any lot line adjacent to a detached dwelling is 10 metres with all vegetation to be retained within a minimum of 7.5 metres from any lot line adjacent to a detached dwelling; vii) The minimum setback from the eastern-most lot line is 50 metres for any building containing a dwelling unit; and vii) The maximum height is 16 metres for any building located greater than 80 metres from the eastern-most side lot line. For the purposes of this By-law, height is measured between the finished grade at the front of a building and the mean heights between the eaves and ridge of a roof. R4-17H - - Permitted uses are those uses permitted in the Residential Type 1 (R1) Zone until the Holding Symbol is removed by By-law, at which time the permitted uses are limited to: - all those uses in the Residential Type 4 (R4) Zone, with or without a commercial component as noted below; - the following commercial uses, accessory to and in conjunction with a permitted Apartment Dwelling or Group Dwelling: o Convenience Store o Personal Service Shop o Restaurant The minimum lot frontage for any uses permitted in the R4 zone shall be 30m; the minimum side yard and rear yard shall be 5m. The total gross floor area of an individual commercial use shall not exceed 250 m2, and the cumulative gross floor area for all commercial uses shall not exceed 750m2. The Holding symbol may be removed once the owner has entered into a Site Plan Agreement with the Town, which includes storm water management plans prepared to the satisfaction of the Town, and completes Noise and Vibration studies prepared to the satisfaction of the Town, in relation to the proximity to the railway line. R4-18 R1 2007-013 Permitted uses are all those uses in the R4 Zone with a maximum height of the lesser of 16.76 m or 5 storeys and 1.2 parking spaces per dwelling unit SECTION 7: SPECIAL PROVISIONS 99 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R4-19 R4-31 2015-030 Permitted uses are all those uses in the Residential Type 4 (R4) Zone with the exception of an Apartment Dwelling with the following additional provisions: i) The minimum lot frontage is 29.8 metres; ii) The minimum lot area is 1,195 m2 ; iii) Recognize the minimum interior side yard of the existing deck is 1.8 metres, and of the existing main building is 4.0 metres; iv) Recognize the minimum rear yard of the existing deck is 5.2 metres, and of the existing main building is 7.0 metres; and v) Parking spaces are permitted to be located 0 metres from the exterior side lot line. R4-20 C3-1 2007-112 Permitted uses are all those uses in the R4 Zone including a 46.45 sq m restaurant with parking to be in the rear and interior side yards R4-21 R1 2008-066 Permitted uses are all those uses in the R4 Zone with a Row Dwelling not to exceed 12 units attached to each other R4-22H R4-16 2008-081 Only the existing uses are permitted until such time as the Holding (H) Symbol is removed. Once the Holding (H) Symbol is removed the permitted uses are limited to Group Housing with the type of Dwelling Units limited to Detached Dwellings. The maximum number of dwelling units is 10, minimum frontage of 13.7m, a minimum interior side yard of 1.5m, a minimum exterior side yard of 5.4m, maximum lot coverage of 25% and a minimum setback of 10m from any EP1 Zone. The Holding (H) Symbol may be removed once the developer has entered into a site plan agreement with the Town and a servicing agreement with the District of Muskoka. R4-23 R3 R4-15 2010-018 Permitted uses are all those uses in the Residential Type 4 (R4) Zone and notwithstanding any provision to the contrary, where a lot fronts onto a condominium road the following provisions apply: i) No minimum lot frontage is required where a lot fronts onto a condominium road; ii) Minimum interior side yard of 3 metres; iii) Minimum exterior side yard of 3 metres; iv) Minimum rear yard of 3 metres; v) Maximum lot coverage of 36%; vi) The setbacks for any lot created by or part of a condominium will be taken from the exterior boundary of the R4-23 Zone; and vii) The lot coverage shall be taken as the total coverage of the lands within the R4-23 Zone. SECTION 7: SPECIAL PROVISIONS 100 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R4-24 R4-19 2010-066 Permitted uses are all those uses in the Residential Type 4 (R4) Zone with the following provisions: 1) That parking spaces are permitted in all yards; and 2) Where a draft condominium description has been approved by the applicable approval authority and the description is proposed to be registered in phases in accordance with Part XI of the Condominium act, 1998, and the registration of each phase occurs in accordance with the approved condominium description, all registered and proposed phases included in the said description are deemed to comply with the provisions of the Zoning Bylaw notwithstanding that the descriptions for all phases have not been registered. R4-25H R4-22H 2011-081 Only the existing uses shall be permitted until such time as the Holding (H) Symbol is removed by By-law, at which time the permitted uses are limited to Detached Dwellings and Semi-detached Dwellings, which are vacant land condominium units with the follow provisions: Permitted Uses i) The maximum number of dwelling units on Block 40 shall be 14 and the maximum number of buildings shall be 10; ii) The lot frontage is a minimum of 13.7 metres; iii) No minimum lot frontage is required where a lot fronts onto a condominium road; iv) A minimum interior side yard of 1.5 metres; v) A minimum exterior side yard of 5.4 metres; vi) The setbacks for any lot created by or part of a condominium will be taken from the exterior boundary of the R4-25 Zone; and vii) The minimum setback from any EP1 Zone is 10 metres; viii) The maximum lot coverage is 25%; ix) The lot coverage shall be taken as the total coverage of the lands within the R4-25 Zone; and x) The Holding (H) Symbol may be removed by By- law, once a Site Plan Agreement has been entered into with the Town of Bracebridge and a Servicing Agreement has been entered into with the District of Muskoka. SECTION 7: SPECIAL PROVISIONS 101 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions R4-26H I 2012-047 Permitted uses are limited to a Sales Centre for Residential Units until the Holding (H) Symbol is removed. Once the Holding (H) Symbol is removed the permitted uses area all those uses in the Residential Type 4 (R4) Zone including a Retirement Home with the following provisions: i) a minimum exterior side yard of 3.0 metres; ii) a minimum setback from the centerline of Quebec Street of 9.5 metres; iii) a minimum setback from the west interior side lot line of 0.6 metres for the first storey of a structure; iv) a maximum height of 16.2 metres for the roof of one structure and a maximum height of 13.1 metres for the roof of a second building; v) a mechanical room permitted to project 3.9 metres above the roof; vi) Where a draft condominium description has been approved by the applicable approval authority and the description is proposed to be registered in phases in accordance with Part XI of the Condominium Act, 1998, and the registration of each phase occurs in accordance with the approved condominium description, all registered and proposed phases included in the said description are deemed to comply with the provisions of the Zoning By-law notwithstanding that the descriptions for all phases have not been registered; and BY-LAW NO. 2012-047 Page 2 vii) The Holding (H) Symbol may be removed by By-law, once a Servicing Agreement has been entered into with the District of Muskoka. R4-27 R4 R4-30 2006-120 94-36 Permitted uses are all those uses in the R4 Zone with a minimum setback of 11.9 metres from the high water mark of the Muskoka River, a minimum setback of 18 metres from the centre of Ecclestone Drive, a minimum setback of 5.8 metres where a lot lines abuts a R1 Zone, a 0 metre setback for all other lot lines including a side lot line setbacks for dockings and no planting strip required where the property abuts a R1 Zone. 7.1.2. Shoreline Zone Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR1-1 RU-1 75-65 Permitted uses are all those uses in the SR1 Zone with the minimum lot size being 6.8ha SR1-2 RR-5 88-144 Permitted uses are all those uses in the SR1 Zone with a minimum setback of 30m from the Canadian Railway right-of-way. SR1-3 SR-13 80-7 Permitted uses are all those uses in the SR1 Zone with the minimum lot area of 2.5 ha. SR1-4 SR-21 82-68 Permitted uses are all those uses in the SR1 Zone with a sleeping cabin a maximum size of 97.28 m2 and with a high water mark setback of 17 m. SR1-5 SR-29 85-46 Permitted uses are all those uses in the SR1 Zone with minimum lot area of 24ha and minimum lot frontage of 335m SECTION 7: SPECIAL PROVISIONS 102 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR1-6 SR-30 85-46 Permitted uses are all those uses in the SR1 Zone with minimum lot area of 28ha and minimum lot frontage of 880m SR1-7 SR-31 85-46 Permitted uses are all those uses in the SR1 Zone with minimum lot area of 4ha and minimum lot frontage of 120m SR1-8 SR-32 85-46 Permitted uses are all those uses in the SR1 Zone with minimum lot area of 30ha and minimum lot frontage of 300m SR1-9 SR-70 90-184 Permitted uses are all those uses in the SR1 Zone with minimum lot area of 1.8ha SR1-10 RU-71 94-52 Permitted uses are limited to Detached Dwelling. Seasonal Dwelling, Home Occupation and Contractor's Yard, together with associated accessory uses shall be permitted on Parts 1 and 2 of 35R-10663 and the remainder of the lots uses shall be limited to conservation with Parts 2, 3 and 4 of 35R-15702, Parts 7 & 8 of 35R-14390, Parts 1 & 2, 35R-10663 shall be deemed to be one lot for all purposes under the Planning Act; the minimum lot area shall be 6ha SR1-11 SR-92 95-23 Permitted uses are all those uses in the SR1 Zone with no buildings or structures permitted on Parts 1 and 5 of 35R-16094 SR1-12 RU-75 96-13 Permitted uses are all those uses in the SR1 Zone for Part 1 on Plan 35R-16407 and the permitted uses are all those uses in the EP1 Zone for Parts 5 and 7 of Plan 35R-16407. All those lands within this zone be considered as one lot for all purposes under the Planning Act SR1-13 SR-96 96-13 Permitted uses are all those uses in the SR1 Zone for Part 8 on Plan 35R-16407 and the permitted uses with are all those uses in the EP1 Zone for Parts 11 and 12 of Plan 35R-16407. All those lands within this zone be considered as one lot for all purposes under the Planning Act SR1-14 SR-109 96-62 Permitted uses are all those uses in the SR1 Zone including a maximum of 3 Seasonal Dwellings and 2 boathouses with a minimum lot area of 0.8ha SR1-15 SR-101 96-77 Permitted uses are all those uses in the SR1 Zone with a minimum setback of 10.9m from the high water mark. SR1-16 SR-102 97-17 Permitted use shall be limited to docks and boathouses SR1-17 RA2-5 98-48 Permitted uses are all those uses in the SR1 Zone with a minimum lot area of 0.6ha SR1-18 SR2-1 2006-120 Permitted uses are all those uses in the SR1 Zone with the minimum lot area of 3.0 ha and the minimum lot frontage of 74 m. SR1-19 RU-86 98-72 Permitted uses are all those uses in the SR1 Zone including an accessory apartment dwelling unit with a maximum gross floor area of 102 m2 with each Dwelling Unit having a separate outdoor privacy area of 23m2 SR1-20 SR-105 98-102 Permitted uses are all those uses in the SR1 Zone with a minimum lot frontage of 89.9m SECTION 7: SPECIAL PROVISIONS 103 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR1-21 SR-107 99-128 Permitted uses are all those uses in the SR1 Zone with a minimum setback of 30m from the high water mark SR1-22 RA2-9 99-135 Permitted uses are all those uses in the SR1 Zone with a minimum lot frontage of 90m SR1-23 RA2-10 99-135 Permitted uses are all those uses in the SR1 Zone with a minimum lot area of 0.6ha, a minimum lot frontage of 150m and the dwelling is limited to the eastern half of the lot. SR1-24 SR-116 2003-23 Permitted uses are all those uses in the SR1 Zone with a minimum setback of 30m from the high water mark of Healy Lake and a minimum setback of 30m from the centreline of the watercourse location on the subject lands SR1-25 SR-129 2004-66 Permitted uses are all those uses in the SR1 Zone within the zone be considered one lot for all purposes under the Planning Act SR1-26 SR-133 2004-130 Permitted uses are all those uses in the SR1 Zone providing all lands located within the zone be considered one lot for all purposes under the Planning Act SR1-27 SR-89 2004-137 Permitted uses are all those uses in the SR1 Zone with minimum setback from the high water mark of 30m, no structures shall be permitted in the front yard except for a dock, and the maximum projection of a dock from the shoreline shall be 2.4m SR1-28 SR-112 2004-137 Permitted uses are all those uses in the SR1 Zone with the minimum high water mark setback of 30m, the minimum setback from the top of bank shall be 7.5m or the submission of a geotechnical report required for consideration of a lesser setback, the minimum setback from the rear lot line shall be 15 m, no structures shall be permitted in the front yard except for a dock and the maximum projection of a dock from the shoreline shall be 2.4m SR1-29H SR-135H 2004-137 Only legal conforming existing uses shall be permitted until the Holding Symbol is removed by by-law at which time all those uses as set out in the By-law for SR1 Zone shall be permitted with the minimum high water mark setback from the Muskoka River of 30m, no structures shall be permitted in the front yard except for a dock, and the maximum projection of a dock from the shoreline shall be 2.4m, the character of the existing adjacent land use for pit and quarry purposes and operations and uses normally incidental and accessory thereto is hereby recognized and the Holding Symbol shall be removed when a noise and compatibility study is completed to the satisfaction of the Town and District SR1-30 RA2-14 2005-51 Permitted uses are all those uses in the SR1 Zone with all those lands within the zone be considered one lot for all purposes under the Planning Act SECTION 7: SPECIAL PROVISIONS 104 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR1-31 SR-139 2005-104 Permitted uses are all those uses in the SR1 Zone with a minimum setback from the south lot line of Parts 5 and 7 of Plan BR-692 of 3.6m and all those lands with the zone be considered one lot for all purposes under the Planning Act SR1-32 SR-140 2006-02 Permitted uses are all those uses in the SR1 Zone with all vegetation retained within 22.5m of Fawn Lake except for a 1.8m path, minimum high water mark setback is 22.5m and septic is 30m from high water mark SR1-33 SR-141 2006-02 Permitted uses are all those uses in the SR1 Zone with all vegetation retained within 24m of Fawn Lake except for a 1.8m path, minimum high water mark setback is 24 and septic is 30m from high water mark, septic must be 22.5m setback from creek, vegetation must be retained within 15m of creek SR1-34 SR-142 2007-054 Permitted uses are all those uses in the SR1 Zone with minimum lot area of 0.16ha, minimum lot frontage of 30m and minimum setback from the high water mark of 30m SR1-35 SR2-8 2009-103 Permitted uses are all those uses permitted in the SR1 Zone with the following provisions: i) That all those lands located in the SR1-35 Zone shall be considered one lot for all purposes under the Planning Act. ii) The permitted uses on Lot 20 of Plan BR-1567 are limited to one accessory structure, which is accessory to the dwelling location on Lot 7 of Plan BR- 1567. iii) Lot coverage is calculated on Lot 7 of Plan BR-1567 based on the lot area of Lot 7 of Plan BR-1567. iv) Lot coverage is calculated on Lot 20 of Plan BR-1567 based on the lot area of Lot 20 of Plan BR-1567 SR1-36 SR-144 2007-054 2007-054 Permitted uses are all those uses in the SR1 Zone with minimum setback from the high water mark of 30m SR1-37 - 2006-120 Permitted uses are limited to the existing uses until a site plan agreement is entered into with the Town at which time the permitted uses are all those uses in the SR1 Zone. SR1-38 - 2006-122 Permitted uses are all those uses in the SR1 Zone with a minimum lot area of 0.26ha and a minimum lot frontage of 35 m SR1-39 SR1-35 2006-129 Permitted uses are all those uses in the SR1 Zone with minimum high water mark setback of 30 m for the septic and all buildings and structures SR1-40 SR1 & RU 2007-027 Permitted uses are all those uses in the SR1 Zone with minimum lot frontage of 29 m and all those lands in the SR1-40 Zone considered one lot for planning purposes SR1-41 SR1 & RU 2007-027 Permitted uses are all those uses in the SR1 Zone with minimum lot frontage of 32 m and all those lands in the SR1-41 Zone considered one lot for planning purposes SR1-42 SR1& RU 2007-024 Permitted uses are all those uses in the SR1 Zone with minimum high water mark setback of 30 m SECTION 7: SPECIAL PROVISIONS 105 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR1-43 SR1 2007-120 Permitted uses are all those uses in the SR1 Zone with minimum lot area of 0.25 ha and minimum lot frontage of 40 m SR1-44 SR2-10 2016-046 Permitted uses are all those uses permitted in the SR1 Zone with the following provisions: i) The minimum lot frontage is 38 metres; and ii) The minimum lot area is 0.1 hectares. SR1-45 SR1 & RU 2008-002 Permitted uses are all those uses in the SR1 Zone with all those lands within the SR1-45 Zone to be considered one lot for planning purposes, the lot coverage is calculated on the eastern portion of the subject lands based on the lot area of the eastern portion of the subject lands and the lot coverage is calculated on the western portion of the subject lands based on the lot area of the western portion of the subject lands SR1-46 SR1 2008-023 Permitted uses are all those uses in the SR1 Zone with an accessory boat port permitted prior to the establishment of the principal building SR1-47 SR-147 2006-091 Permitted uses are all those uses in the SR1 Zone with a minimum lot area of 0.2 ha, minimum lot frontage of 30 m, minimum high water mark setback for the existing dwelling of 18.2 m, minimum setback for the existing deck of 14.6 m, maximum height of the accessory structure of 6.1 m, a maximum of one employee, other than the residents of the household may be employed in the Home Occupation, and Home Occupation is permitted in an accessory building SR1-48 SR-146 2006-082 Permitted uses are all those uses in the SR1 Zone with a minimum lot area of 0.16 ha, minimum lot frontage of 42.6 m and a minimum setback from the high water mark for all buildings and structures including a septic system of 22.8 m SR1-49 SR1 2010-026 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following special requirements: i) The minimum setback from the high water mark is 4.57 metres to recognize the existing structure with an addition proposed; ii) The minimum lot area is 0.3 hectares SR1-50 SR1 2010-026 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following special requirements: i) The south lot line shall be used to calculate lot frontage; ii) The minimum lot area is 0.38 hectares SR1-51 SR2-11 2016-046 Permitted uses are all those uses permitted in the SR1 Zone with the following provisions: i) The minimum lot frontage is 67 metres; and ii) The minimum lot area is 0.15 hectares. SECTION 7: SPECIAL PROVISIONS 106 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR1-52 RU SR1 2009-024 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: 1) That all those lands in the SR1-52 zone shall be considered one lot for all purposes under the Planning Act. 2) Lot coverage is calculated on the eastern portion of the subject lands based on the lot area of the eastern portion of the subject lands. 3) Lot coverage is calculated on the western portion of the subject lands based on the lot area of the western portion of the subject lands SR1-53 RU SR1 2009-024 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: 1) That all those lands outlined in SR1-53 zone shall be considered one lot for all purposes under the Planning Act. 2) Lot coverage is calculated on the eastern portion of the subject lands based on the lot area of the eastern portion of the subject lands. 3) Lot coverage is calculated on the western portion of the subject lands based on the lot area of the western portion of the subject lands SR1-54 SR1 2009-031 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: i) The existing dryland boathouse have a minimum south interior side yard of 2.1 metres; ii) The existing dryland boathouse have a minimum high water mark setback of 0.3 metres; iii) The eastern most existing accessory structure have a minimum interior side yard of 2.8 metres; iv) The eastern most existing accessory structure not be used for human habitation; v) The proposed dwelling have a minimum setback from the high water mark of 13.4 metres; and vi) The proposed deck attached to the proposed dwelling have a minimum setback from the high water mark of 10.6 metres SR1-55 SR1 2009-054 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with a minimum lot area of 0.28 hectares and a minimum lot frontage of 55 metres SR1-56 SR1 2009-055 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with a minimum lot area of 0.23 hectares and a minimum lot frontage of 48 metres SR1-57 SR1 2010-067 Permitted uses are all those uses permitted in the Shoreline Residential Type 1 (SR1) Zone with a minimum front yard of 30 metres SR1-58 SR1 RR 2010-063 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: 1) That only a dock is permitted on the portion of the lands within the SR1-58 Zone located east of Fraserburg Road; 2) That the lot coverage be taken as the individual lot coverage of each lot; 3) That all those lands located within the SR1-58 Zone are considered one lot for planning purposes SECTION 7: SPECIAL PROVISIONS 107 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR1-59 SR1 2012-059 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: The minimum lot frontage is 26 metres; 1) The existing accessory building is permitted prior to a detached dwelling; 2) The existing accessory building cannot be used for human habitation; and 3) The existing accessory building cannot be enlarged. SR1-60 SR1 RU 2012-088 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: Permitted Uses i) That all those lands located within the SR1-60 Zone are considered one lot for planning purposes; and ii) That the lot coverage be taken as the individual lot coverage of each lot SR1-61 SR2 2013-027 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) with a deck with a maximum area of 27.9 square metres (300 square feet) permitted at a high water mark setback of 9.5 metres SR1-62 RU-24 2014-064 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: i) A minimum setback of 15 metres is required from the top of bank; and ii) The top of bank is considered the 231 metre contour SR1-63H SR1-67H 2016-016 Permitted uses are limited to the existing uses until the Holding Symbol is removed by by-law, at which time the permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: i) That a dwelling and septic system constructed within 60 metres (200 feet) of the high water mark of Lake Muskoka be located above the contour elevation of 250 metres; and ii) The Holding (H) Symbol may only be removed once a Site Plan Agreement has been entered into with the Town of Bracebridge. SR1-64 SR1 2014-081 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) recognizing the existing dwelling with a side yard of 1.208 metres SR1-65 SR1 2014-081 Permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: i) The minimum lot area is 1,368.4 square metres; and ii) The minimum lot frontage is 37.7 metres SECTION 7: SPECIAL PROVISIONS 108 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR1-66H SR1 RU 2006-120 Permitted uses are limited to the existing uses until the Holding Symbol is removed by by-law, at which time the permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone with the following provisions: i) All those lands located in the Shoreline Residential Type 1 Special - 66 (SR1-66) Zone shall be considered one lot for all purposes under the Planning Act; ii) Lot coverage shall be based on the lot area of the parcel which the buildings or structures are located on, not the entire lot as defined above; iii) That only accessory uses are permitted on Part 32, BR-692 subject to the setback, height and lot coverage requirements for accessory structures; and (iv) The Holding (H) Symbol may only be removed once a Site Plan Agreement has been entered into with the Town of Bracebridge. SR1-67H SR1 RU 2006-120 Permitted uses are limited to the uses that legally existing at the date of passing of this By-law until the Holding Symbol is removed by by-law, at which time the permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) Zone. The Holding (H) Symbol may only be removed once a Site Plan Agreement has been entered into with the Town of Bracebridge that demonstrates to the satisfaction of the Town that the floodplain regulations can be met with respect to building and septic locations and the site can be safely access during times of flooding. SR1-68 RU RR-16 2006-120 Permitted uses are all those uses in the SR1 zone with the front lot line being the street line abutting Cedar Lane and the rear lot line being the high water mark of the Muskoka River. SR1-69 RR-31 2009-077 Permitted uses are all those uses in the SR1 Zone with the lot fronting on the Muskoka River and having no road frontage and all habitable structures shall be constructed above the 273 metre contour line. . SR1-70 RR-16 2006-120 Permitted uses are all those uses in the SR1 Zone with all habitable structures shall be constructed above the 273m contour line. SR1-71 RR-17 2006-120 Permitted uses are all those uses in the SR1 Zone with all habitable structures shall be constructed above the 273m contour line and any structures shall be a minimum of 30m from the rear of the property described as Part of Lot 5, Con. 4, Macaulay Ward, being Part 2 of Plan 35R-9436. SR2-1 SR2-7 2009-078 Permitted uses are all those uses in the SR2 Zone with a minimum front yard of 20.5 metres SR2-2 SR-99 96-61 Permitted uses are all those uses in the SR2 Zone with a minimum setback of 36m from the high water mark with the septic to be located as far setback from Spring Lake as possible. SECTION 7: SPECIAL PROVISIONS 109 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions SR2-3 SR-108 2000-58 Permitted uses are all those uses permitted in the SR2 Zone with the tile bed and mantle a minimum of 300m from the high water mark of Pine Lake and Bigwind Lake SR2-4H SR-114H 2003-21 Only the existing uses shall be permitted until the Holding Symbol removed by entering into a Site Plan Agreement with the Town and then the permitted uses are all uses permitted in a SR2 Zone with certain minimum lot area and minimum lot frontage shall be that as existing as of Jan. 17, 2003, the minimum setback from the high water mark shall be 30m for all buildings or structures with the exception of docking facilities, location of the tile bed by site plan process SR2-5 SR-132 2004-129 Permitted uses are all those uses as permitted in a SR1 Zone providing all lands located within the zone be considered one lot for all purposes under the Planning Act SR2-6 SR2-9 2016-015 Permitted uses are all those uses in the SR2 Zone with the following provisions: i) All those lands located in the SR2-6 Zone shall be considered one lot for all purposes under the Planning Act; ii) Lot coverage shall be based on the lot area of the parcel which the buildings or structures are located on, not the entire lot as defined above; and iii) That only accessory uses are permitted on the backlot parcel subject to the setback, height and lot coverage requirements for accessory structures. SR3-1 SR1-18 2006-120 Permitted uses are all those uses in the SR3 Zone with a minimum lot area of 1.0ha SR3-2 SR1-9 2008-081 Permitted uses are all those uses in the SR3 Zone with minimum lot area of 1.8ha SR4-1 SR3-1 - Permitted uses are limited to the existing uses until a site plan agreement is entered into with the Town at which time the permitted uses are all those uses in the SR4 Zone. SR4-2 RR-23 2005-124 Permitted uses are all those uses in the SR4 Zone with a minimum setback of 9m from the pond. SR4-3H SR3-5H 2015-071 Permitted uses are limited to the existing uses until the Holding Symbol is removed by by-law, at which time the permitted uses are all those uses in the SR4 Zone with the following provisions: i) One accessory storage building is permitted at a minimum high water mark setback of 10.6 metres with the deck attached to that accessory storage building to have a minimum high water mark setback of 8.8 metres. ii) The Holding (H) Symbol may only be removed once a Site Plan Agreement has been entered into with the Town of Bracebridge SR4-4 SR3-3 2008-101 Permitted uses are limited to the existing uses until a site plan agreement is entered into with the Town at which time the permitted uses are all those uses in the SR4 Zone with all lands located in the SR4-4 considered one lot for planning purposes SECTION 7: SPECIAL PROVISIONS 110 7.1.3. Commercial Zone Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions C1-1 C1-17 C1-32 87-129 2001-100 Permitted uses are all those uses in the C1 Zone excluding Medical Clinic C1-2 C1-3 2013-079 Permitted uses are all those uses in the Office Commercial (C1) Zone with the following provisions: i) The existing rear yard is recognized at 2.16 metres (7.1 feet); and ii) An Office or Medical Clinic used by Health Practitioner(s) would require three (3) parking spaces for every one (1) Health Practitioner. For the C1-2 Zone, a Health Practitioner would be defined as a member of the medical profession that treated patients through physical therapy or manipulation such as a Registered Massage Therapist, Certified Drainage Therapist, Physiotherapist, Occupational Therapist or Kinesiologist but would not include a General Practitioner C1-3 C1-5 2016-041 Permitted uses are all those uses permitted in the Office Commercial (C1) Zone with the following provisions: i) A residential component is not required to be associated with a Medical Clinic or Office; ii) The minimum front yard, rear yard, and exterior side yard setbacks are 3 metres; iii) The minimum setback from the centreline of Hiram Street is 12 metres; iv) The minimum setback from the centreline of MacDonald Street is 10 metres; v) The maximum lot coverage is 36.5% of the lot area; and vi) The minimum parking requirement is 1 space per 31 square metres of gross floor area. C2-1 - - Permitted uses are limited to those uses existing at the date of the passing of this By-law C2-2 C2-20 2000-38 Permitted uses are all those uses in the C2 Zone including a Home Improvement Centre with a minimum setback of 70m from the lot line abutting Highway #11, a minimum setback of 20m from the lot line abutting Taylor Road, a maximum height of a roof top architectural element of 13.5m, the maximum floor area of the Home Improvement Centre is 12,700 m2 and a minimum of number of 420 parking spaces shall be required for the Home Improvement Centre. C2-3 C2-22 2004-119 Permitted uses are all those uses in the C2 Zone including Community Living Facility. SECTION 7: SPECIAL PROVISIONS 111 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions C2-4H C2-4 2013-062 Permitted uses are all those uses in the Special Purpose Commercial (C2) Zone including Financial Institution, and Motor Vehicle Rental uses, and excluding Beer Store, Home Improvement Centre, Liquor Store, and Supermarket uses subject to the following provisions: i) The minimum unit size for a Financial Institution, Financial Services Establishment, Printing and Publishing Establishment, Retail Store, Specialty Food Store, and Tourist Commercial Store is 185 square metres of gross floor area, however six (6) units of less than 185 square metres of gross floor area will be permitted within the C2-4 Zone for these uses; ii) A maximum of one (1) Financial Institution is permitted on lands zoned C2-4 or C2-5; iii) The minimum setback from any lot line abutting Provincial Highway 11 shall be 70 metres; 2 iv) The minimum setback from all other lots lines, except the lot line abutting Taylor Road shall be 3 metes; v) There shall be no minimum loading space requirements; vi) The provisions of Section 4.10 of this By-law, shall not apply to these lands; and vii) All lands located within the C2-5 Zone shall be considered one lot for the purposes of the Zoning By-law C2-5H C2-8H 2013-062 The permitted uses are only the existing uses until the Holding (H) Symbol is removed by By-law, at which the permitted uses shall be all those uses in the Special Purpose Commercial (C2) Zone including Financial Institution and excluding Beer Store, Department Store, Home Improvement Centre, Liquor Store, Supermarket subject to the following provisions: i) The minimum unit size for a Financial Institution, Financial Services Establishment, Printing and Publishing Establishment, Retail Store, Specialty Food Store, and Tourist Commercial Store is 185 square metres of gross floor area, however six (6) units of less than 185 square metres of gross floor area will be permitted within the C2-5 Zone for these uses; ii) A maximum of one (1) Financial Institution is permitted on lands zoned C2-4 or C2-5; iii) The minimum setback from the easterly property lines abutting Provincial Highway 11 shall be delineated by a line running perpendicular to the north property line commencing at a point which is 40 metres west of the northeast corner of the C2-5 Zone; iv) The minimum setback from any lot line abutting Provincial Highway 11 shall be 70 metres; v) The minimum setback from all other lots lines shall be 3 metes; vi) There shall be no minimum loading space requirements; vii) All lands located within the C2-5 Zone shall be considered one lot for the purposes of the Zoning By-law; and viii) The Holding (H) Symbol shall only be removed following site plan approval being granted for the development of the lands. SECTION 7: SPECIAL PROVISIONS 112 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions C3-1 - - Permitted uses are limited to Accessory Dwelling Unit, Convenience Store, Detached Dwelling, Office, Retail Store and Personal Service Shop with a minimum front yard of 7.5m, minimum interior side yards of 1.2m and 3m, minimum rear yard of 7.5m and maximum lot coverage of 30%. C3-2 C3-35 95-56 Permitted uses are all those uses in the C3 Zone excluding Convenience Store, Hotel, Laundry Establishment, Motel, Outside Display and Sales, Place of Entertainment, Printing and Publishing Establishment, and Personal Service Shop C3-3 C3-45 2003-101 Permitted uses are all those uses in the C3 Zone with a maximum of 6 residential units may be permitted on the 2nd floor of the building, a minimum of 9 onsite parking spaces, property is deemed to comply with the parking requirements if property is used for commercial purposes and does not contain more than 3 residential dwelling units, any residential parking requirement in excess of 3 parking spaces is deemed to displace an equivalent number of commercial parking spaces for which cash in lieu of parking will be required to be paid and the available on site parking spaces will be allotted to meet the residential parking requirements in priority to the commercial parking requirements C3-4 C3-46 2004-02 Permitted uses are all those uses in the C3 Zone excluding Laundry Establishment, and Motor Vehicle Dealership and including Passenger Transportation Depot C3-5 C3-9 2007-094 Permitted uses are all those uses in the C3 Zone including Indoor Storage Facilities in all areas of the existing building except the front half of the ground floor C3-6 C3-50 2005-125 Permitted uses are all those uses in the C3 Zone with a minimum interior side yard of 0 feet where the property abuts a Residential zone and a minimum of 3 parking spaces C3-7 C-19 2006-14 Permitted uses are limited to Detached Dwelling, Office, Retail Store, and Personal Service Shop with minimum lot frontage of 30m, minimum lot area of 1,114m2, a minimum rear yard of 9m, maximum gross floor area of the Retail Store is 181m2 and planting strip along the rear yard shall be 2.4m wide C3-8 C3-11 2016-014 Permitted uses are all those uses in the C3 Zone with all lands in the C3-8 and R1-26 Zones to be considered one lot for planning purposes. C4-H C4-1 - The permitted uses are limited to the existing uses until the Holding (H) Symbol is removed by By-law, at which the permitted uses shall be all those uses in the C4 Zone The Holding (H) Symbol shall only be removed once a site plan agreement is entered into with the Town of Bracebridge and a servicing agreement is entered into with the District of Muskoka. C4-1 - - Permitted uses are limited to those uses existing at the date of the passing of this By-law SECTION 7: SPECIAL PROVISIONS 113 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions C4-2 C-8 89-120 Permitted uses are limited to Office, Retail Store and Personal Service Shop with a minimum interior side yard of 5.6m and a minimum setback from MR #118 of 1.3m C4-3 C-16 2000-76 Permitted uses are all those uses in the C4 Zone with a Supermarket to have a maximum gross leasable floor area of 12,259m2, all other permitted uses are each to have a maximum gross leasable floor area of 2,000m2 with the Motor Vehicle Gasoline Bar to have a minimum front yard of 7.6 metres to the wall of the kiosk and 6.5 metres for the canopy and a minimum setback from the centerline of Wellington Street of 19 metres. In the C4- 3 Zone notwithstanding Section 4.18 of this By- Law, Outside Display and Sale may be covered and may be located in any yard. C4-4 C-18 2005-72 Permitted uses are limited to Office and Veterinary Clinic and all structures shall have a maximum height of 9m, a continuous unpierced hedgerow of cedar trees, not exceeding 1.8m in height shall be along the rear of Parts 3, 6, 9, 14, 17 and 18 of Plan 35R- 11853, all required parking shall be provided on site - no cash in lieu of parking shall be acceptable, no unenclosed, outside storage of garbage shall be permitted, no motorized mechanical apparatus shall be permitted to be located on the roof of any structure C4-5 C4 2011-042 Changed to C4 Zone. Previous Provisions: Permitted uses are all those uses in the District Shopping (C4) Zone including Recreational Facilities C5-1H R1 2008-125 Permitted uses are limited to the existing uses until a site plan agreement is entered into with the Town and a traffic impact analysis is complete at which time the permitted uses are all those uses in the C5 Zone including a Restaurant with a maximum floor area of 92.9 sq. m. C5-2 R1 2008-011 Permitted uses are all those uses in the C5 Zone including a Restaurant with maximum gross floor area of 92.9 sq m C5-3 C5-9 2016-39 Permitted uses are Convenience Store, Motor Vehicle Dealership with a maximum lot coverage of 25% including the parking of vehicles for sale, Motor Vehicle Detailing Shop, Motor Vehicle Gas Bar, Motor Vehicle Parts Establishment, Motor Vehicle Rental Agency, Motor Vehicle Repair Garage, Motor Vehicle Automatic Wash, Motor Vehicle Self Serve Wash, Repair Shop, Personal Service Shop and Restaurant to a maximum of gross floor area of 100m2 C5-4 C5-3 2010-014 Permitted uses are all those uses in the Convenience Commercial (C5) Zone including a maximum of three (3) Apartment Dwelling Unit with a minimum exterior side yard of 5.3 metres SECTION 7: SPECIAL PROVISIONS 114 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions C5-5 R1-31 2011-084 Permitted uses are Convenience Store; Dwelling Unit, Accessory; Farm Produce Retail Outlet; Financial Services Establishment; Garden Centre and Nursery; Market Garden; Motor Vehicle Service Station; Office; Open Air Farmers Market; Outside Display and Sale, Accessory Retail Store; Personal Service Shop Specialty Food Store; and Tourist Commercial Store; With the provision that the uses are permitted only if the use does not include or require direct consumption of water, except for auxiliary facilities such as washrooms, staff kitchen and lunchroom C5-6 RU 2012-048 Permitted uses are all those uses in the C5 Zone with the following provisions: i) Where a lot line abuts a front lot line and an exterior side lot line, a 22 metre setback shall be maintained; ii) The 22 metre front lot line and exterior side lot line setbacks shall remain in a fully natural state, with no clearing, re-grading, soil disturbance, or placement of materials or facilities, until such time as a site plan agreement is registered on title; iii) Where a lot line abuts an interior side lot line and a rear lot line, a minimum setback of 30 metres will be required; iv) A vegetative buffer shall be maintained adjacent to Highway #118 East until such time as a site plan agreement is registered on title; v) Uses are only permitted if the use does not include or require direct consumption of water, except for auxiliary facilities such as washrooms, staff kitchen and lunchrooms; and vi) The maximum lot coverage is 20% C5-7 R1-37 2015-022 Permitted uses are limited to the existing uses until the Holding Symbol is removed by bylaw, at which time the permitted uses are all those uses in the Convenience Commercial (C5) Zone including a Motor Vehicle Wash, Automatic and Accessory Restaurant with Accessory Restaurant use is only permitted within a Convenience Store building associated with a Motor Vehicle Gasoline Bar and the Holding (H) Symbol may only be removed once confirmation is received from the District of Muskoka that adequate capacity is available to ensure the appropriate allocation of services for the proposal, a Servicing Agreement has been entered into with the District of Muskoka and a Site Plan Agreement has been entered into with the Town of Bracebridge. SECTION 7: SPECIAL PROVISIONS 115 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions C5-8 R1-1 2016- Permitted uses are Artisan Studio, Convenience Store, Farm Produce Retail Outlet, Financial Services Establishment, Garden Centre, Office, Personal Service Shop, Retail Store, Specialty Food Store, Tourist Commercial Store, Accessory Apartment Dwelling Unit and Accessory Outside Display and Sale with a 3 metre Landscaped Area which includes a visual barrier required adjacent to the rear lot line and notwithstanding section 4.25, the land can be used and buildings or structures can be erected in the absence of municipal sanitary sewer services subject to the use being confirmed as a low water user by the District of Muskoka C6-1 - - Permitted uses are limited to Convenience Store, Hotel, Motel, Motor Vehicle Gas Bar, Restaurant, Restaurant Drive-Thru, Retail Store, and Tourist Establishment until 220 residential building permits have been issued by the Town in the South Bracebridge Adult Lifestyle Residential designation at which time the permitted uses are all those uses in the C6 Zone with all those permitted uses except Convenience Store, Hotel, Motel, Motor Vehicle Gas Bar, Restaurant, Restaurant Drive- Thru, Retail Store, and Tourist Establishment limited to be developed within an area of 3.5 ha. 7.1.4. Tourist Commercial Zone Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions CT1-1 CT-1 2006-120 Permitted uses are limited Hotel, Motel, Passenger Transportation Depot, Recreational Facilities, Restaurant, and Accessory Retail Store with a maximum gross floor area of 25% of main building CT1-2 CT-3 Permitted uses are limited to a Tourist Establishment CT1-3 CT-8 2005-81 Permitted uses are all those uses in the CT1 Zone including a Home Industry with a minimum lot frontage of 30m on Kirst Road and 75m on flooded land, the minimum lot area shall be 0.8ha, the total gross floor area of the accessory building used for a home industry shall not exceed 140m2 and such accessory building or buildings which is used for a home industry shall not be located within the front yard of the residential lot or within 4.5m of the side or rear lot line, all other provisions for a Home Industry shall apply CT1-4 CT-10 2006-120 Permitted Uses are limited to Hotel, Motel, Recreational Facilities, Restaurant, Accessory Dwelling Unit and Retail Store with the Retail Store to a have a maximum gross floor area of 25% of main building SECTION 7: SPECIAL PROVISIONS 116 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions CT2-1 CT-7 2000-89 Permitted uses are all those uses in the CT2 Zone with no campsite to be located within 45m of any lot line, except to the rear of the abutting properties on Santa's Village Road where the minimum setback for a campsite may be reduced to 30m provided landscaped buffer is provided; no swimming pool may be located within 60m of any lot line except that where the lot line abuts Part 3 on Plan 35R-7500, the minimum setback may be reduced to 15m CT2-2 CT Permitted uses are all those uses in the CT2 Zone plus a Children's Camp. SECTION 7: SPECIAL PROVISIONS 117 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions CT2-3H CT-9H 2006-120 Permitted uses are limited to those lands, buildings and structures existing at the date of passing of this By-law, until the Holding Symbol is removed by By-law, at which time the provisions of this section shall apply. The Holding Symbol may only be removed when a site plan agreement has been entered into for the expansion of the Tourist Camp and all required studies in support of the expansion have been approved by the Town including a Site Evaluation Report. Notwithstanding the provisions of Section 3.5 to the contrary, for those lands zoned Tourist Commercial Two Special - 3 (CT2-3) in Part of Lot 20, Con 7, Draper, no person shall use any land, or erect, alter or use any building or structure except for a Tourist Camp in accordance with the following: a) Permitted Uses - Maximum of 93 seasonal sites for tents and trailers - Maximum of 7 cabins for seasonal use - Maximum of 2 dwellings for use by the owner/operator of the Tourist Camp - Recreational facilities accessory to the use of the Tourist Camp - Tuck shop and laundry facilities, in a building not larger than 200 square metres - Maximum of two comfort stations - Season group camping is not permitted b) Regulations - Minimum Lot Area - 20 hectares - Minimum Lot Frontage (Muskoka River) - 400 metres - Minimum Front Yard (Muskoka River) - 30 metres - Minimum Westerly Side Yard - 60 metres - Minimum Easterly Side Yard - 60 metres from Ashley Lane provided the minimum distance from any other property line shall be 23 metres - Minimum Rear Yard - 60 metres - Maximum Lot Coverage - 5% - Minimum Landscape Area - 50% - Maximum number of docks - 10 with a maximum of 20 boat slips - Maximum dock projection (into the water) - 7 metres Cont'd on next page SECTION 7: SPECIAL PROVISIONS 118 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions CT2-3H CT-9H 2006-120 Cont'd from previous page c) Other Zone Provisions - For the purposes of this section, a landscaped area shall include a naturalized buffer area within the required yard and characterized with significant coniferous and deciduous vegetation, which functions as a visual buffer from the side and rear lot lines and a minimum of 60% of the width along the front lone line. - The naturalized buffer area references above shall be maintained or restored in its natural state except for any approved driveway entrance and for the removal of dead or decaying trees posing a safety hazard. - In all other respects the provisions of the Tourist Commercial Two (CT2) zone shall apply CT3-1 CT-11 2010-041 2012-010 Permitted uses are all those uses in a CT3 Zone with the following provisions: iii) The parking on Parts 1 and 2 of Plan 35R-20489 must be setback a minimum of 30 metres from the high water mark of Allport Lake, with the 30 metres to stay in its natural state; iv) The existing vegetation be maintained along Beaumont Drive; v) All those lands located within the CT3-1 Zone are considered one lot for planning purposes; and vi) The lot coverage be taken as the individual lot coverage of each lot. CT3-2 CT-2 81-77 Permitted uses are all those uses in the CT Zone with a 3 m buffer area along east boundary abutting residential, and southern portion of the lands remain in existing natural state. 7.1.5. Industrial Zone Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions M1-1 CT-5 86-9 Permitted uses are all those uses in the M1 Zone including Motel with the Motel to comply with the CT zoning provisions M1-2 M1-7 87-81 Permitted uses are all those uses in the M1 Zone including Convenience Store, Drug Store, Office, Retail Store, and Restaurant M1-3 M1-19 2005-61 Permitted uses are all those uses in the M1 Zone including Drive-Thru Restaurant and Restaurant with a minimum exterior side yard of 6.4m SECTION 7: SPECIAL PROVISIONS 119 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions M1-4 M1 2007-01 Permitted uses are all those uses in the M1 zone including Outside Storage with the Outside Storage to be accessory to the use on Pt 1 of 35R-4080 or a use on the same lot, the Outside Storage to have a minimum setback of 7.5 m from the lot line abutting Armstrong Street, the Outside Storage to have a minimum setback of 3 m from the west lot line and the Outside Storage to meet all other applicable zone provisions M1-5 M1-14 2016-072 Permitted uses are all those uses in the Business Park Industrial (M1) Zone and the following: i) Hotel; ii) Motel; iii) Financial Services Establishment; iv) Office within the existing building not to exceed 3842 square metres (41,356 square feet) total; v) School within the existing building not to exceed 2745 square metres (29,548 square feet) total; vi) Accessory Apartment Dwelling Unit occupied by the owner, caretaker or watchman and vii) Farm Produce Retail Outlet that is permitted with a minimum front yard of 3 metres and minimum setback from the centreline of Ecclestone Drive of 15 metres. M1-6 M2 2009-034 Permitted uses are all those uses in the Business Park Industrial (M1) Zone and the General Industrial (M2) Zone excluding Assembly Hall, Day Nursery, Place of Entertainment, Recreational Facilities, Restaurant, and Restaurant Drive-Thru with the following provisions: i) The minimum lot frontage for Lot 6, as shown on Schedule 'A' to By-law 2009-034 is 23.5 metres. ii) The minimum lot frontage for Lots 13 and 14, as shown on Schedule 'A' to By-law 2009-034 is 19 metres. iii) The minimum front yard for Lots 3, 5, 15, 17 and 18, as shown on Schedule 'A' to By-law 2009-034 is 7.5 metres. iv) The minimum front yard for Lots 8, and 16, as shown on Schedule 'A' to By-law 2009-034 is 10 metres. v) The minimum exterior side yard for Lot 3, as shown on Schedule 'A' to By-law 2009-034 is 10 metres. vi) Where a lot line abuts an EP1 Zone, a 10 metre vegetative buffer shall be maintained in a fully natural state, with no clearing, re-grading, soil disturbance, or placement of materials or facilities, including those associate with storm water management. vii) Where a lot line abuts an EP1 Zone, a minimum setback of 20 metres will be required. SECTION 7: SPECIAL PROVISIONS 120 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions M1-7 M1-5 M1-6 2011-041 Permitted uses are all those uses in the Business Park Industrial (M1) Zone and the General Industrial (M2) Zone excluding Assembly Hall, Day Nursery, Place of Entertainment, Recreational Facilities, Restaurant, and Restaurant Drive-Thru with the following provisions: 1. Where a lot line abuts an EP1 Zone, a 10 metre vegetative buffer shall be maintained in a fully natural state, with no clearing, re-grading, soil disturbance, or placement of materials or facilities, including those associate with storm water management. 2. Where a lot line abuts an EP1 Zone, a minimum setback of 20 metres will be required. 3. Where a lot line abuts a railway, a building setback of 15 metres shall be required from that lot line M1-8 M1-5 M1-6 2011-041 Permitted uses are all those uses in the Business Park Industrial (M1) Zone and the General Industrial (M2) Zone excluding Assembly Hall, Day Nursery, Place of Entertainment, Recreational Facilities, Restaurant, and Restaurant Drive-Thru with the following provisions: 1. The minimum front yard is 7.5 metres. 2. The minimum exterior side yard is 10 metres. 3. Where a lot line abuts an EP1 Zone, a 10 metre vegetative buffer shall be maintained in a fully natural state, with no clearing, re- grading, soil disturbance, or placement of materials or facilities, including those associate with storm water management. 4. Where a lot line abuts an EP1 Zone, a minimum setback of 20 metres will be required. M1-9 M1-5 M1-6 2011-041 Permitted uses are all those uses in the Business Park Industrial (M1) Zone and the General Industrial (M2) Zone excluding Assembly Hall, Day Nursery, Place of Entertainment, Recreational Facilities, Restaurant, and Restaurant Drive-Thru with the following provisions: 1. The minimum lot frontage is 14 metres 2. Where a lot line abuts an EP1 Zone, a 10 metre vegetative buffer shall be maintained in a fully natural state, with no clearing, re-grading, soil disturbance, or placement of materials or facilities, including those associate with storm water management. 3. Where a lot line abuts an EP1 Zone, a minimum setback of 20 metres will be required. M1-10 M1-5 M1-6 2011-041 Permitted uses are all those uses in the Business Park Industrial (M1) Zone and the General Industrial (M2) Zone excluding Assembly Hall, Day Nursery, Place of Entertainment, Recreational Facilities, Restaurant, and Restaurant Drive-Thru with the following provisions: 1. The minimum lot frontage is 25 metres 2. Where a lot line abuts an EP1 Zone, a 10 metre vegetative buffer shall be maintained in a fully natural state, with no clearing, re-grading, soil disturbance, or placement of materials or facilities, including those associate with storm water management. 3. Where a lot line abuts an EP1 Zone, a minimum setback of 20 metres will be required. SECTION 7: SPECIAL PROVISIONS 121 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions M1-11 M2 2013-088 Permitted uses are all those uses in the Business Park Industrial (M1) Zone including Hotel, Motel, Financial Services Establishment and Arena M1-12 M2 2013-088 Permitted uses are all those uses in the Business Park Industrial (M1) Zone and the following: i) Hotel; ii) Motel; iii) Financial Services Establishment; iv) Office within the existing building not to exceed 3842 square metres (41,356 square feet) total; v) School within the existing building not to exceed 2745 square metres (29,548 square feet) total; and vi) Accessory Apartment Dwelling Unit occupied by the owner, caretaker or watchman M2-1 - - Permitted uses are all those uses in the M2 Zone including Motor Vehicle Gasoline Bar M2-2 M2-2 77-65 Permitted uses are limited to Accessory Outside Display, Bus Storage, Contractor's Yard, Equipment Sales and Rental, Farm Implement Dealer, Laundry Establishment Printing and Publishing Establishment, Warehousing and Workshop M2-3 M2-9 2016-039 Permitted uses are all those uses in the M2 Zone including a Brewery M2-4 M2 2008-126 Permitted uses are all those uses in the M2 Zone including Outdoor Storage permitted as a main use M2-5 M2 2011-059 Permitted uses are all those uses in the General Industrial (M2) Zone including a Place of Worship with the following provisions i) The minimum exterior side yard for a building used as a Place of Worship is 7.5 metres ii) The minimum setback from the Canadian National Railway normal right-of-way or projection of the normal right-of-way for a building used as a Place of Worship is 30 metres M2-6 M2 2012-017 Permitted uses are limited to the Display and Sale of Model Homes and associated Offices with the following provisions i) The uses are permitted on private water and private sewer services ii) No outdoor storage is permitted iii) All vegetation within the required rear yard must be maintained iv) Minimum lot frontage 22 metres on private services v) Minimum lot area 0.44 ha on private services vi) Minimum front yard 15 metres vii) Minimum rear yard 14 metres SECTION 7: SPECIAL PROVISIONS 122 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions M2-7H M2-8H 2016-017 Permitted uses are Artisan Studio, Assembly Hall, Audio Visual Studio, Brewery, Distillery, Light Manufacturing, Open Air Farmer's Market, Place of Entertainment, Restaurant, Retail Store, Service and Repair Shop, and Specialty Food Store. Retail Store uses not associated with another permitted use shall be restricted to a maximum of 10% of the total floor area of the building and Retail Store uses operating in conjunction with another permitted use restricted to a maximum of 40% of the total floor area of the building. Assembly Hall and Restaurant uses restricted to a combined total floor area of 40% of the total floor area of the building. Existing building deemed to satisfy the minimum yard requirements and setback from Centreline of Road. Minimum parking space requirement shall be that required by Section 5 of the Comprehensive Zoning By-law for each use within the building or 100 spaces, whichever is less. Assembly Hall, Brewery, Distillery and Place of Entertainment shall not be permitted until the Holding Symbol is removed by By-law at which time the permitted uses shall be all those listed above. No more than 60% of the total floor area of the building may be used until the Holding Symbol is removed by By-law. The Holding Symbol may be removed once the developer has prepared a Traffic Impact Study to the satisfaction of the District of Muskoka and the Town of Bracebridge, and an agreement has been entered into with the District of Muskoka to address the quality of effluent generated, servicing capacity allocation and other servicing and traffic matters. M3P-1 M3-1 2006-120 Permitted uses are all those uses as permitted in a M3 Zone including Contractor's Yard and Workshop M3Q-1 RU 2006-120 Permitted uses are limited to the uses existing at the date of passing of the by-law. M4-1 M3 RU 2009-092 Permitted uses are all those uses permitted in the Waste Disposal (M4) Zone and Gravel Pit and Quarry uses with the following provisions: i) The existing building is to have a minimum front yard of 12.7 metres; ii) The existing building is to have a minimum north interior side yard of 13.1 metres; iii) The existing building shall not have a minimum setback from the centreline of Rosewarne Drive SECTION 7: SPECIAL PROVISIONS 123 7.1.6. Institutional Zone Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions I-1 I-7 87-94 Permitted uses are all those uses in the I Zone including a Medical Clinic being accessory a Hospital I-2 I-10 89-42 Permitted uses are limited to Office for a children's counseling service, Public Office and Public Park I-3 I-13 92-59 Permitted uses are limited to an Assembly Hall, conducted in the existing building and connected to a municipal water supply and a private sewage system with adequate capacity for the proposed use to the satisfaction for the Ministry of Environment and an Assembly Hall, Day Nursery, Public Office, Place of Worship, and Public Park when the site is connected to both a municipal water supply and sanitary sewage service I-4 I-14 2016-013 Permitted uses are limited to a Children's Camp and associated accessory structures and facilities with the following provisions: i) The minimum setback from a lot line abutting a lot with any Rural (RU) or Rural Residential (RR) zoning is 60 metres; ii) All vegetation must be retained within 45 metres of a lot line abutting a lot with any Rural (RU) or Rural Residential (RR) zoning; iii) Notwithstanding other provisions to the contrary, accessory buildings to the existing detached dwelling are permitted with a minimum side yard of 4.5 metres and shall be located not closer to the lot line abutting Fraserburg Road than the existing detached dwelling; iv) The maximum lot coverage is 10%; v) The maximum height of a Zip Line Tower is 24.5 metres; vi) The minimum setback from any lot line abutting Fraserburg Road is 122 metres for a Zip Line Tower; vii) Permitted shoreline structures include docks, boathouses, boat ports, boardwalks, water cable towers and lines, storage buildings, pavilions, gazebos and viewing stand ; viii) The cumulative width of docks, boathouses and boat ports shall not exceed 25% of the lot frontage; ix) A gazebo shall be permitted on the dock; and x) A water cable tower shall not exceed a height of 10 metres. I-5 R3-19 2002-01 Permitted uses are limited to Retirement Home with a maximum of 73 quest rooms I-6 I-14 2004-39 Permitted uses are all those uses in the I Zone including Recreational Facilities with minimum of 330 parking spaces I-7 - No applicable previous Zoning By-law. Regulated by By-law 2006- 090 Permitted uses are all those uses existing at the date of passing of this By-law until By-Law 2006-090 is in effect at which time the permitted use are all those uses permitted in the I-17 Zone in By-law 2006-090 provided that the development standards of By-law 2006-090 and this By-law are complied with. SECTION 7: SPECIAL PROVISIONS 124 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions I-8 - No applicable previous Zoning By-law. Regulated by By-law 2006- 090 Permitted uses are all those uses existing at the date of passing of this By-law until By-Law 2006-090 is in effect at which time the permitted use are all those uses permitted in the I-18 Zone in By-law 2006-090 provided that the development standards of By-law 2006-090 and this By-law are complied with. I-8H - No applicable previous Zoning By-law. Regulated by By-law 2006- 090 Permitted uses are all those uses existing at the date of passing of this By-law until By-Law 2006-090 is in effect at which time the permitted use are all those uses permitted in the I-18H Zone in By-law 2006-090 provided that the development standards of By-law 2006-090 and this By-law are complied with. I-9H - - Permitted uses are limited to those uses existing at the date of passing of this By-law until the Holding Symbol is removed by By-law at which time the permitted uses are all those uses in the I Zone including a Medical Clinic and Recreational Facilities. The Holding Symbol may be removed once a Conceptual Plan for the entire I-9H Zone has been accepted by the Town. I-10 C3-40 - Permitted uses are all those uses in the I Zone including Funeral Home with the Funeral Home to have a maximum floor area of 650 m2 and the Funeral Home to have a minimum parking standard of one space per 25 m2 of gross floor area. I-11H I-13 2015-017 Permitted uses are limited to the existing uses until the Holding Symbol is removed by by-law, at which time the permitted uses are all those uses in the Institutional (I) Zone with the following provisions: i) Section 4.25 of the Comprehensive Zoning By-law 2006-120 does not apply to a Place of Worship; ii) A Place of Worship require the greater of a minimum of 1 parking space per 4 person seating capacity in the sanctuary or 1 parking space per 23 square metres gross floor area for the entire building; and iii) The Holding (H) Symbol may only be removed once, a Servicing Agreement has been entered into with the District of Muskoka I-12 R1 2010-064 Permitted uses are limited to Family Services Office, (i), and Public Office with the following provisions: i) A minimum of 1 parking space is required per 37 square metres of gross floor area; and ii) A minimum buffer of 1.5 metres is required from any Residential Zone in the side and rear yards. Family Services Office shall mean an office for family services relating to the support, care, protection, adoption and social well being of children and youth. I-13 R3-9H 2006-120 Permitted uses are all those uses in the I Zone with no public access from any of Gow Street, Joseph Street or Birch Street, a minimum east interior side yard of 3.0 metres. I-14 R1 - Permitted uses are all those uses in the I Zone with the total site to require a minimum of 300 parking spaces. SECTION 7: SPECIAL PROVISIONS 125 7.1.7. Rural Zone Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions RR-1 RR-4 76-55 Permitted uses are all those uses in the RR Zone with the minimum lot frontage of 120m RR-2 A-5 81-15 Permitted uses are all those uses in the RR Zone with no public road frontage. RR-3 RR-13 81-23 Permitted uses are all those uses in the RR Zone with minimum lot area of 1.1 ha and minimum lot frontage of 22 m. RR-4 RR-12 81-31 Permitted uses are all those uses in the RR Zone with the minimum lot area of 24.0 ha and the minimum lot frontage of 63 m. RR-5 RR-29 2007-121 Permitted uses are all those uses in the RR Zone with minimum lot area of 23.5 ha RR-6 RR-30 2006-120 Permitted uses are all those uses in the RR Zone with an existing structure permitted prior to a detached dwelling with a minimum lot frontage of 33.5 m on an unopened road allowance, minimum lot area of 1,997 sq m, minimum exterior side yard of 3.9 m for the existing accessory building, and minimum rear yard of 7.25 m for the existing accessory building RR-7 RR-45 90-64 Permitted uses are all those uses in the RR Zone provided no dwelling units are constructed within 30m of the Canadian National Railway right of way RR-8 R3-11 91-72 Permitted uses are all those uses in the RR Zone including an Apartment Dwelling with a maximum of 3 Dwelling Units with minimum lot area of 2.4ha and minimum lot frontage of 167m RR-9 RR-53 91-116 Permitted uses are all those uses in the RR Zone with the provision that no building permit shall be issued until a potable water source has been tested and deemed acceptable with respect to both quality and quantity of supply by the authorities having or required to assume jurisdiction. RR-10 A-14 92-36 Permitted uses are all those uses in the RR Zone including Veterinary Clinic and parking shall be permitted in the side and rear yards, a minimum of 3m m from side and rear lot lines, which 3m shall be reserved for no other purpose than a planting strip RR-11 RR-57 92-121 Permitted uses are all those uses in the RR Zone with minimum area of 1.2ha and a minimum frontage of 106m, except that lots fronting on a curvature of the road shall have a minimum frontage of 60m and further, frontage for said lots may be measured at a distance 7.5m back from the front lot line RR-12 A-17 95-22 Permitted uses are all those uses in the RR Zone with a minimum front yard of 18m RR-13 RR-69 96-102 Permitted uses are all those uses in the RR Zone with a provision that one garage may be permitted in front of the detached dwelling, provide the garage is setback a minimum of 4.5m from the front lot line. SECTION 7: SPECIAL PROVISIONS 126 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions RR-14 A-19 97-83 Permitted uses are all those uses in the RR Zone including an accessory apartment dwelling unit with each Dwelling Unit having a separate outdoor privacy area of 23m2 with a minimum of 4 parking spaces required RR-15H RR-38H 2016-049 Permitted uses are limited to the existing uses until the Holding Symbol is removed by by-law, at which time the permitted uses are all those uses in the Rural Residential (RR) Zone except Bed & Breakfast Establishment, Group Home 'A', Hobby Farm, with the following provisions: i) Frontage is not required on a year round municipally maintained road for one (1) Detached Dwelling with accessory structures; ii) The minimum lot size shall be 1.6 ha; and iii) the Holding (H) Symbol may only be removed once a Site Plan Agreement have been entered into with the Town of Bracebridge which includes a condition requiring a Road Allowance Use Agreement be entered into with the Town RR-16 RR-28 2007-110 Permitted uses are all those uses in the RR Zone with only EP1 uses permitted on lands described as 30 metres wide from both sides of the stream RR-17 RR-26 2006-154 Permitted uses are all those uses in the RR Zone with minimum lot area of 0.68 ha RR-18 RR-88 2005-24 Permitted uses are all those uses in the RR Zone including a Home Industry which can operate in a maximum of 74.3m2 of an accessory structure, accessory building may be constructed at a maximum height of 5.4m and contain the Home Industry within the 2nd storey and one accessory building may have a minimum exterior side yard of 6.4m, all other provisions for a Home Industry shall apply RR-19 RR-89 2005-63 Permitted uses are all those uses in the RR Zone with only EP1 uses to be permitted on the lands described as 20 metres wide from both sides of the stream located on the property RR-20 RR-92 2005-81 Permitted uses are all those uses in the RR Zone with a minimum lot frontage of 137m on Hwy 118 E and 53m on Kirst Road RR-21 RR-32 2009-010 Permitted uses are all those uses in the RR Zone including a Sawmill with minimum lot area of 1.45 ha, Sawmill may have one accessory structure which may be permitted in the front yard provided there is a minimum setback of 30 metres from front yard and the Sawmill use is a minimum of 150 meters from a navigable waterway. RR-22 RR-33 2011-096 Permitted uses are all those uses in the RR Zone with minimum lot area of 0.4 ha and minimum lot frontage of 58 metres RR-23 RR-37 2016-013 Permitted uses are all those uses in the RR Zone with a minimum lot area of 2.0 hectares and a minimum lot frontage of 134 metres. SECTION 7: SPECIAL PROVISIONS 127 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions RR-24 RU-96 2006-33 Permitted uses are all those uses in the RR Zone with minimum lot area of 2.0ha and minimum lot frontage of 99m RR-25 RR 2006-145 Permitted uses are all those uses in the RR Zone with minimum lot area of 0.68 ha and a minimum front yard of 4.75 m for the existing dwelling RU-1 RU-13 78-8 Permitted uses are all those uses in the RU Zone with the minimum lot frontage of 168m RU-2 RU-24 81-71 Permitted uses are all those uses in the RU Zone excluding Detached Dwelling. RU-3 A-10 85-62 Permitted uses are all those uses in the RU Zone with a minimum lot frontage of 260m and a minimum front yard for the accessory buildings of 15m RU-4 RU-35 88-21 Permitted uses are all those uses in the RU Zone including Group Home 'A' with a maximum of 9 residents. RU-5 RU-37 88-53 Permitted uses are limited to a communication tower. RU-6 RU-47 90-103 Permitted uses are all those uses in the RU Zone with all structures prohibited with the exception of a dock, being located below the elevation of 291.08m RU-7 RU-64 92-32 Permitted uses are limited to Detached Dwelling, Cemetery, Greenhouse, Home Industry, Home Occupation, Accessory Convenience Store which will operate within the dwelling house and shall be limited to 37.1m2 of floor area RU-8 RU-61 92-37 Permitted uses are all those uses in the RU Zone with the provision that no building or structure, with the exception of a dock or boathouse, be permitted within 45m of the centerline of the stream, and provided that there be a minimum 60m setback from the easterly lot line of Lot 19 and the lot frontage shall be considered to be on District Road No. 14 RU-9 RU-63 92-67 Permitted uses are all those uses in the RU Zone including Motor Vehicle Repair Shop within the existing 111m2 garage and any outside storage must be confined to the area directly to the rear of the garage and not exceed an area of 185m2 or maximum of 10 motor vehicles whichever is greater and enclosed by a solid planting strip or fence, only operable currently licensed vehicles are permitted in any other area, a 3m treed area must be maintained from the northeast corner down the easterly side lot boundary from the northeast corner for a distance of 90m and westerly across the frontage for a distance of 21m RU-10 RU-69 93-54 Permitted uses are all those uses in the RU Zone with the provision that only EP1 uses shall be permitted on the lands described as 30 metres wide from both sides of the stream which runs through the property RU-11 RU-69 93-60 Permitted uses are all those uses in the RU Zone with the provision that only EP1 uses shall be permitted on the lands described as 30 metres wide from both sides of the stream which runs through the property SECTION 7: SPECIAL PROVISIONS 128 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions RU-12 RU-54 2011-090 Permitted uses are all those uses in the Rural (RU) Zone including a Workshop, subject to the following: i) A maximum of one building is permitted for the Workshop; and ii) The building to be used for the Workshop is a maximum of 300 square metres RU-13 RU-72 94-85 Permitted uses are all those uses in the RU Zone provided there shall be no vegetation removed or disturbance permitted from the valley of the creek and its tributaries to the top of their banks RU-14 RU-74 94-96 Permitted uses are all those uses in the RU Zone including a woodworking shop may operate as a Home Industry in a building with a maximum gross floor area 335m2 RU-15 RU-51 2009-081 Permitted uses are all those uses in the RU Zone including a Seasonal Dwelling. RU-16 RU-77 96-53 Permitted uses are all those uses in the RU Zone with Home Industry to be used as an antique business, which may operate in two accessory buildings with a combined maximum floor area of 372m2 RU-17 RU-78 96-54 Permitted uses are all those uses in the RU Zone with the valley of the creek and its tributaries to be kept in its natural state to the top of bank. RU-18 RU-87 98-90 Permitted uses are limited to one accessory structure to a waterfront lot directly across Fox Point Road from the subject lands provided both properties are under the same ownership. RU-19 RU-88 98-108 Permitted uses are all those uses in the RU Zone with minimum buffer of 20 m to be maintained in the natural state around the stream running through the property RU-20 RU-89 98-108 Permitted uses are all those uses in the RU Zone with minimum buffer of 20 m to be maintained in the natural state around the stream running through the property RU-21 A-20 99-120 Permitted uses are all those uses in the RU Zone with minimum setback of 150m from the high water mark of the Muskoka River. RU-22 A-22 2002-02 Permitted uses are all those uses in the RU Zone with minimum lot area of 8 ha and no public road frontage RU-23 A-23 2002-54 Permitted uses are limited to Detached Dwelling and a Home Industry for wood working purposes only, in a building with a maximum floor area of 167m2 and minimum lot frontage of 150m RU-24 RU-100 2003-36 Only the existing uses shall be permitted until the Holding Symbol is removed by By-law at which time permitted uses shall be all those uses set out in the by- law for the Rural (RU) Zone with the minimum lot frontage shall be 25m and the Holding Symbol may only be removed when an Environmental Assessment process has been completed to determine the location of the west arterial by-pass route and a site plan agreement has been entered into for a building location SECTION 7: SPECIAL PROVISIONS 129 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions RU-25 RU-52 2010-065 Permitted uses are all those uses in the RU Zone with total gross floor area used for a Home Industry in accessory buildings does not exceed 158 square metres, maximum of 25% of the gross floor area of the dwelling may be used for the Home Industry, Accessory Outside Storage is permitted in the rear yard, no portion of the Home Industry other than Outside Storage is permitted outside, accessory Outside Storage does not exceed a lot coverage of 5%, vegetative buffer is required adjacent to the Outside Storage, and vegetative buffer is required along the front lot line except for within 7.5 metres of the driveway RU-26 RU-106 2004-79 Permitted uses are all those uses in the RU Zone including a Convenience Store which a maximum gross floor area of 27.9m2 RU-27 RU-101 2004-117 Permitted uses are all those uses in the RU Zone with all those lands located within this zone be considered as one lot for all purposes under the Planning Act RU-28 A-24 2005-01 Permitted uses are all those uses in the RU Zone including Animal Shelter and Veterinary Clinic with outdoor runs only to be used between 9:00am and 6:00pm on any day. RU-29 RU-113 2005-37 Permitted uses are all those uses in the RU Zone with minimum lot frontage of 146m RU-30 RU-116 2005-63 Permitted uses are all those uses in the RU Zone on a lot with only EP1 uses to be permitted on the lands described as 20 metres wide from both sides of the stream located on the property RU-31 - - Permitted uses are limited to the existing uses until a site plan agreement is entered into with the Town at which time the permitted uses are all those uses in the RU Zone. RU-32 RU 2007-014 Permitted uses are all those uses in the RU Zone with a Seasonal Dwelling to have a minimum total floor area of 80 sq m RU-33 RU 2007-025 Permitted uses are all those uses in the RU Zone with minimum lot area of 3.9 ha RU-34 RU 2007-025 Permitted uses are all those uses in the RU Zone with minimum lot area of 1.25 ha and minimum lot frontage of 109 m RU-35 RU 2007-025 Permitted uses are all those uses in the RU Zone with minimum lot area of 1.75 ha RU-36 RU 2007-052 Permitted uses are all those uses in the RU Zone including a Paintball Operation, as defined in By-law 2007-052 with the Paintball Operation to be operated wholly within Part 6 of Plan 35R-18489 except the parking area RU-37 RU 2007-109 Permitted uses are all those uses in the RU Zone with minimum lot area of 3.0 ha SECTION 7: SPECIAL PROVISIONS 130 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions RU-38 RU-53 2011-082 Permitted uses are all those uses in the RU Zone with a minimum lot frontage of 29 metres and any development of the property to occur within 300 metres of the north lot line abutting Stephenson Road #1. The portion of the lands not within 300 metres of Stephenson Road #1 shall remain in their natural state. RU-39 RU-55 2014-086 Permitted uses are all those uses in the RU Zone with a minimum lot area is 24 hectares and Section 4.10 shall not apply to lands within the RU-55 Zone. RU-40 RU-56 2016-39 Permitted uses are all those uses in the RU Zone with a minimum lot area of 3.5 ha RU-41 RU 2007-116 Permitted uses are all those uses in the RU Zone with minimum lot area of 1.53 ha and minimum lot frontage of 112 m RU-42 RU 2007-116 Permitted uses are all those uses in the RU Zone with minimum lot frontage of 106 m RU-43 RU 2008-012 Permitted uses are all those uses in the RU Zone with minimum lot frontage of 73.15m RU-44 RU 2008-017 Permitted uses are all those uses in the RU Zone with Hunt Camp permitted with minimum lot area of 35 ha RU-45 - 2008-081 Permitted uses are all those uses in the RU Zone with a minimum lot frontage of 106m and an accessory structure permitted in the front yard at a minimum setback of 15m from the front lot line RU-46 - 2008-081 Permitted uses are all those uses in the RU Zone with a minimum lot frontage of 99m RU-47 RU 2008-103 Permitted uses are all those uses in the RU Zone with a minimum lot area of 3.0 ha RU-48 RU-57 2016-040 Permitted uses are all those uses in the Rural (RU) Zone including a Hunt Camp with the following provisions: i) A Hunt Camp is permitted on a lot which is a minimum of 31 ha in area; ii) The maximum total floor area for a Hunt Camp is 140 square metres, of which a minimum of 18.5 square metres is to be used for storage; and iii) For the purposes of a Rural Special - 57 (RU-57) Zone the following definition shall apply: Hunt Camp means a base camp for recreational activities that may include hunting or forest management, which provides temporary accommodation in a location where municipal services are not available, and may also include buildings used RU-49 RU-25 2009-077 Permitted uses are all those uses in the RU Zone with minimum lot frontage of 88 metres, All habitable structures shall be constructed above the 273 metre contour line and all those lands in the RU-49 Zone shall be considered one lot for planning purposes. SECTION 7: SPECIAL PROVISIONS 131 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions RU-50 RU 2009-079 Permitted uses are all those uses in the RU Zone including a Golf Driving Range and a Motor Vehicle Detailing Shop with minimum lot area shall be 14 hectares, minimum lot frontage is 337 metres, Golf Driving Range must be located in the rear yard and a minimum of one parking space must be provided for each individual tee deck, Motor Vehicle Detailing Shop must be located in the rear yard and may only employ residents of the Group Home located on the subject lands and is accessory to the Group Home located on the subject lands, a maximum of 3 parking spaces shall be provided for the Motor Vehicle Detailing Shop. RU-51 RU 2006-120 Permitted uses are all those uses in the RU zone with the front lot line being the street line abutting Cedar Lane and the rear lot line being the high water mark of the Muskoka River." RC-1 - - Permitted uses are all those uses permitted in the RC Zone including Motor Vehicle Gasoline Bar RC-2 RR 2007-066 Permitted uses are all those uses in the RC Zone including Mobile Food Service, which is only to be operated annually from May 1 to October 1 RUM-1 RUI-1 2006-120 Permitted uses are limited to Motor Vehicle Body Shop and Motor Vehicle Salvage Yard. RUM-2 RUI-2 2006-120 Permitted uses are limited to Saw Mill and Contractor's Yard. RUM-3 RUI-3 2006-120 Permitted uses are limited to Accessory Detached Dwelling, Accessory Outside Display and Sale, Contractor's Yard, Cottage Industry, and Equipment Sales and Rental RUM-4 RUI-4 2006-120 Permitted uses are limited to Accessory Dwelling Unit and Light Manufacturing with a maximum of one structure be constructed at a maximum gross floor area 743.2m2, minimum 30m vegetated buffer shall be required along the rear, west and east property lines that abut the RU zone, a minimum 30m vegetated buffer, with the exception of an entrance shall be required along the frontage of District Road 117 RUM-5 RUI-7 2008-030 Permitted uses are all those uses in the RUM Zone excluding Bulk Fuel Sales and Sawmill and including Boat Storage and Repair as defined in By-law 2008-030 with a minimum interior side yard of 23 metres with all vegetation to be retained within the required setback, all vegetation to be retained within the minimum front yard with the exception of a maximum 10 metre wide area for the entrance, 15 metre vegetation buffer between the Repair Shop and the outdoor boat storage area with the exception of a maximum 10 metre wide area for the purpose of vehicle access RUM-6 RUI-8 2008-082 Permitted uses are all those uses in the RUM Zone including Motor Vehicle Body Shop, Outside Storage, Repair Shop, Truck or Transport Depot, Warehouse and Workshop with minimum lot area of 0.96 ha SECTION 7: SPECIAL PROVISIONS 132 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions RUM-7 RUI-9 2008-082 Permitted uses are all those uses in the RUM Zone with a minimum lot frontage of 20 metres RUM-8 RUI-10 2009-032 Permitted uses are all those uses permitted in the RUM Zone including a Private Waste Transfer Facility with minimum setback from all property of 15 metres and maximum lot coverage is the lot coverage of all existing structures on the subject lands. RUM-9 RUI-11 2012-016 Permitted uses are limit to a Contractor's Yard, Craftsman Shop, Detached Dwelling, Equipment Sales and Rental, Farm Implement Dealer, Garden Centre and Nursery, Manufacturing, Motor Vehicle Body Shop, Accessory Motor Vehicle Sales, Accessory Open Storage, Accessory Retail Store limited to 15% of gross floor area of the building, Sawmill, Repair Shop and Warehouse with minimum front yard of 21 metres, minimum rear yard of 15 metres unless abutting a Residential Zone setback is 24 metres, a minimum interior side yard of 7.5 metres unless abutting a Residential Zone then setback is 22.5 metres, a minimum exterior side yard of 21 metres unless abutting a Residential Zone then setback is 30 metres, Accessory Open Space may have a maximum lot coverage of the lesser of 30% of the lot area or twice the building floor area and must be setbacks of the zone, Accessory Motor Vehicle Sales is limited to a maximum of ten (10) Motor Vehicles and minimum visual barrier of 3 metres is required where the zone abuts a Residential Zone RUM-10 RUI-12 2016-039 Permitted uses are all those uses permitted in the RUM Zone including a Workshop RUM-11 RU - Permitted uses are all those uses in the RUM Zone including a Home Improvement Centre 7.1.8. Open Space Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions OS1-1 OS-10 91-108 Permitted uses shall be limited to Private Park and shall include road and driveway construction, docking, mooring and recreational facilities including the construction of a storage building of up to 47m2 provided that the facilities is located above the 311.55 metre contour. OS1-2 OS-11 91-108 92-106 Permitted uses shall be limited to Private Park and shall include a road and driveway construction, docking, mooring and recreational facilities OS1-3 OS-15 94-13 Permitted uses are limited to Detached Dwelling, conservation, nordic ski trails, pathways, both for pedestrians and non-motorized bicycles, pro-shop limited to gross floor area on two levels of 250m2, designed to provide for no more than 30 seats for coffee shop use, the detached dwelling may only be occupied by the owner of the lot SECTION 7: SPECIAL PROVISIONS 133 Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions OS1-4 M1-5 M1-6 2011-041 Permitted uses are all those uses in the Open Space One (OS1) Zone including Storm Water Management Facilities OS2-1 OS-2 82-81 Permitted uses are limited to a parking area for the lands to the north and no visual barrier is required. OS3-1 - - Permitted uses are all those uses in the OS3 Zone including Private Park, and Recreational Facilities 7.1.9. Environmental Protection Zone Exceptions Special Zone Previous Zone Previous Zoning By-Law Permitted Use and Provisions EP1-1 O-3 96-85 Permitted uses are all those uses in the EP1 zone including a training base for the operation of a sailing school and other related aquatic activities with ancillary uses including maintenance, repair and storage of boats and equipment used for the school. Boats may not be moored to the dock when the sailing school is not in operation APPENDIX A: MINIMUM SEPARATION DISTANCE TABLE 135 APPENDIX B: HEIGHT OF PRINCIPLE BUILDING 136 APPENDIX C: HEIGHT OF ACCESSORY BUILDING 137 APPENDIX D: HEIGHT OF BOATHOUSE AND BOAT PORT 138 APPENDIX E: SHORELINE STRUCTURE COVERAGE AND PROJECTION 139 APPENDIX E: SHORELINE STRUCTURE COVERAGE AND PROJECTION 140 CONVERSION TABLE FOR LENGTH 141 LENGTH Metric Imperial 0.3 m 0.98 ft 0.5 m 1.64 ft 0.6 m 1.96 ft 1 m 3.28 ft 1.2 m 3.93 ft 1.8 m 5.90 ft 2.6 m 8.53 ft 3.0 m 9.84 ft 3.5 m 11.48 ft 3.6 m 11.81 ft 4 m 13.12 ft 4.5 m 14.76 ft 5 m 16.40 ft 5.2 m 17.06 ft 5.5 m 18.04 ft 5.8 m 19.03 ft 6 m 19.69 ft 6.7 m 21.98 ft 7.5 m 24.61 ft 9 m 29.53 ft 10 m 32.81 ft 10.5 m 34.45 ft 12 m 39.37 ft 12.5 m 41.01 ft 13 m 42.65 ft 13.5 m 44.29 ft 15 m 49.21 ft 17.5 m 57.41 ft 18 m 59.06 ft 20 m 65.62 ft 20.5 m 67.26 ft 22 m 72.18 ft LENGTH Metric Imperial 23 m 75.46 ft 24 m 78.74 ft 25 m 82.03 ft 26 m 85.30 ft 28 m 91.86 ft 30 m 98.43 ft 30.5 m 100.07 ft 31.5 m 103.35 ft 33.5 m 109.91 ft 35 m 114.83 ft 36 m 118.11 ft 38 m 124.67 ft 39.5 m 129.59 ft 40.5 m 132.87 ft 43.5 m 142.72 ft 45 m 147.64 ft 48.8m 160.10 ft 53 m 173.88 ft 60 m 196.85 ft 70 m 229.66 ft 71 m 232.94 ft 74 m 242.78 ft 79 m 259.19 ft 90 m 295.28 ft 100 m 328.08 ft 120 m 393.70 ft 135 m 443.91 ft 150 m 492.13 ft 250 m 820.21 ft 400 m 1,312.34 ft 500 m 1,640.42 ft This table is for reference only and any requirement must meet the metric provisions in the By-Law, which this table does not form a part of the By-law. CONVERSION TABLE FOR AREA 142 AREA Metric Imperial 3 m2 32.3 ft2 9.3 m2 100.1 ft2 10 m2 107.6 ft2 13 m2 139.9 ft2 15 m2 161.5 ft2 18.5 m2 199.1 ft2 23 m2 247.6 ft2 25 m2 269.1 ft2 26.5 m2 285.3 ft2 30 m2 322.9 ft2 31 m2 333.7 ft2 37 m2 398.3 ft2 45 m2 484.4 ft2 46.5 m2 500.5 ft2 48 m2 516.7 ft2 60 m2 645.9 ft2 65 m2 699.7 ft2 70 m2 753.5 ft2 80 m2 861.1 ft2 83.5 m2 898.8 ft2 92.9 m2 1,000.0 ft2 93 m2 1,001.1 ft2 100 m2 1,076.4 ft2 185 m2 1,991.4 ft2 230 m2 2,475.8 ft2 325 m2 3,498.4 ft2 350 m2 3,767.5 ft2 400 m2 4,305.7 ft2 AREA Metric Imperial 460 m2 4,951.6 ft2 500 m2 5,382.1 ft2 555 m2 5,974.2 ft2 600 m2 6,458.6 ft2 650 m2 6,996.8 ft2 695 m2 7,481.2 ft2 850 m2 9,149.6 ft2 925 m2 9,956.9 ft2 1,000 m2 10,764.3 ft2 1,205 m2 12,970.9 ft2 1,390 m2 14,962.3 ft2 2,000 m2 21,528.5 ft2 2,040 m2 21,959.1 ft2 2,322 m2 24,994.6 ft2 2,785 m2 29,978.5 ft2 2,800 m2 30,1339.9ft2 5,000 m2 53,821.3 ft2 8,259 m2 88,902.0 ft2 8,360 m2 89,989.2 ft2 10,000 m2 107,642.6 ft2 11,600 m2 124,865.4 ft2 12,700 m2 136,706.1 ft2 0.4 ha 0.99 ac 0.8 ha 1.98 ac 1.2 ha 2.97 ac 4 ha 9.88 ac 40 ha 98.83 ac This table is for reference only and any requirement must meet the metric provisions in the By-Law, which this table does not form a part of the By-law.