Comprehensive Zoning By-law No. 050-2014, Section 3 - General Provisions
Brockville, Ontario
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3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
3-1
3.0 GENERAL PROVISIONS
Accessory Dwelling Units .................................................................... 3-3
Accessory Retail Sales ....................................................................... 3-3
Accessory Uses and Accessory Buildings .......................................... 3-3
Amenity Areas for Maisonnette Dwellings, Apartment Dwellings, Mixed
Commercial/ Residential Buildings AND Retirement Homes ............. 3-7
Angular Planes .................................................................................... 3-7
Apartment Units in Commercial and Mixed Use Zones ...................... 3-8
Auto Repair Establishment, Auto Body Shop or Automobile Sales
Establishment ...................................................................................... 3-8
Automobile Service Stations and Automobile Gas Bars ..................... 3-8
Bicycle Parking Requirements ............................................................ 3-9
Cataraqui Region Conservation Authority Screening Area (Appendix 1)
........................................................................................................... 3-11
Construction Uses and Sales Offices ............................................... 3-11
Continuous Street Frontage (Schedule "B") ..................................... 3-11
Drive-Throughs .................................................................................. 3-12
Dwelling Units Below Grade .............................................................. 3-12
Existing Lots Having Less Area, Depth and/or Frontage .................. 3-13
Fences ............................................................................................... 3-13
Frontage on an Improved Public Street ............................................ 3-14
Garbage and Refuse Storage and Enclosures ................................. 3-14
Group Homes and Institutional Residences ..................................... 3-15
Home Industries ................................................................................ 3-16
Home Occupations ............................................................................ 3-17
Intermittent Street Frontage (Schedule "B") ...................................... 3-18
Legal Non-Conforming Uses and Legal Non-Complying Buildings and
Structures .......................................................................................... 3-19
Loading Space and Area Requirements ........................................... 3-20
Main Building Location in Relation to Environmental Protection Zone
......................................................................... ............................3-22
Micro-Brewery and/or Micro-Winery ................................................. 3-23
Minimum Building Height (Schedule "B") .......................................... 3-23
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
3-2
Minimum Ground Floor Height (Schedule "B") ................................. 3-23
Mixed Commercial/Residential Building ............................................ 3-23
Mobile Homes ................................................................................... 3-24
Municipal Services Required ............................................................. 3-24
Outdoor Patio .................................................................................... 3-24
Outside Storage ................................................................................ 3-24
Parking Area Requirements .............................................................. 3-25
Planting Strips ................................................................................... 3-39
Private Marine Facilities and Marinas ............................................... 3-41
Private Outdoor Swimming Pools ..................................................... 3-42
Prohibited Uses ................................................................................. 3-42
Public Uses........................................................................................ 3-44
Reduction in Regulations Due to Expropriation ................................ 3-44
Seasonal Uses .................................................................................. 3-45
Second Suites and Garden Suites .................................................... 3-45
Setbacks from Railways .................................................................... 3-46
Setback Requirements Adjacent to Highway 401............................. 3-46
Setback Requirements Adjacent to the Waterfront .......................... 3-47
Special Setbacks On California Avenue ........................................... 3-47
Through Lots and Corner Lots .......................................................... 3-47
Trailers, Recreational Vehicles and Boat Parking and Storage ....... 3-47
TransCanada AND Trans-Northern Pipelines (Appendix 2) ............. 3-49
Visibility Triangles .............................................................................. 3-50
Waterlots ........................................................................................... 3-51
Unenclosed Porches, Steps and Decks ............................................ 3-51
Yard Requirements With Respect to Certain Streets ....................... 3-53
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
3-3
ACCESSORY DWELLING UNITS
Where permitted by this By-law, a dwelling unit permitted as an accessory use
shall be in accordance with the following provisions:
a)
Only one (1) accessory dwelling unit shall be permitted per lot.
b)
The accessory dwelling unit may be located as a separate building
where permitted in an Institutional Zone.
c)
An accessory dwelling unit shall have a separate kitchen and bathroom
from the principal non-residential use.
d)
An accessory dwelling unit shall have a separate entry from the
principal non-residential use.
e)
For all new buildings, amenity areas shall be provided for the accessory
dwelling unit in accordance with Subsection 3.4.
f)
Parking requirements shall be provided for the accessory dwelling unit
in accordance with Subsection 3.34, Table 3.34(a).
ACCESSORY RETAIL SALES
a)
The accessory retailing and display of goods manufactured, processed,
fabricated or repaired on site and the accessory retailing of goods
directly related to the main product manufactured, processed or
fabricated on site shall be permitted as an accessory use.
b)
A minimum retail and display area of 50.0 square metres, subject to an
increase to a maximum retail and display area of 5.0 percent of the
gross floor area of the main use to a maximum area of 300.0 square
metres shall be permitted for any one main use.
ACCESSORY USES AND ACCESSORY BUILDINGS
The following provisions shall apply to all accessory uses, buildings and
structures. These provisions shall not apply to any attached private garages
and parking areas.
a)
General
i)
Where this By-law provides that a lot may be used for a
permitted use or a building or structure may be erected or used
for a permitted use, that use shall include any accessory
building or structure or accessory use, but shall not include:
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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1.
any occupation for gain or profit conducted within or
accessory to a dwelling unit except where specifically
permitted by this By-law;
2.
any building used for human habitation, except where
specifically permitted by this By-law;
3.
an outdoor furnace or outdoor wood-burning sauna;
4.
any storage container, portable storage unit,
repurposed motor vehicle in whole or in part, "sea can"
container, intermodal container or other suchlike
container in any zone other than an Employment Zone.
ii)
The accessory use, building or structure shall be located on the
same lot and in the same zone as the principal use, building or
structure.
b)
Location
i)
Except as otherwise provided herein, no person shall erect or
locate an accessory building, structure or use in a required front
yard or exterior side yard. Without limiting the generality of the
foregoing, no person shall erect or locate a small-scale
renewable energy structure in any front yard or exterior side
yard.
ii)
Notwithstanding subclause 3.3 b) i), where a lot that is
residentially zoned has frontage on the St. Lawrence River, one
(1) detached private garage or carport shall be permitted in the
front yard, provided it is located no closer than the front yard
setback of the applicable zone and the structure is located no
closer than 1.2 metres from any side lot line.
iii)
Except as otherwise provided herein, no person shall erect or
locate a detached private garage or other accessory building:
1.
in any yard other than an interior side or rear yard;
2.
without maintaining a minimum setback of 1.2 metres
from any side or rear lot line;
3.
closer to a street line than the minimum setback
required for a main building on the same lot, or in the
case of a detached private garage, not less than 5.5
metres to a street line; or
4.
so as to interrupt or encroach into a required planting
strip.
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
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iv)
No person shall erect or locate an accessory building less than
1.2 metres from any main building.
v)
Accessory buildings which existed prior to the effective date of
this By-law having a setback to an interior side or rear property
line or setback to any main building of 1.0 metre or greater shall
be deemed to be legally complying to this By-law with respect
to location.
c)
Height
i)
Except as otherwise provided herein, no person shall erect an
accessory building which exceeds 5.5 metres in height in any
Non-Residential Zone.
ii)
Except as otherwise provided herein, no person shall erect an
accessory building which exceeds 4.0 metres in height in any
Residential Zone.
iii)
Notwithstanding subclause 3.3 c) i), in any Non-Residential
Zone:
1.
Any small-scale renewable energy structures that are
attached to the main building or an accessory building
shall have a maximum height of 2.0 metres or the
maximum height of the building, whichever is greater.
2.
A solar small-scale renewable energy structure which is
not attached to any main building shall have a
maximum height of 2.0 metres.
3.
A maximum of one (1) wind turbine shall be permitted
up to a maximum height of 30.0 metres. Further, the
wind turbine shall be located a minimum distance equal
to one-half the height of the wind turbine from all lot
lines and shall only be permitted in the rear yard.
iv)
Notwithstanding subclause 3.3 c) ii), in any Residential Zone,
any small-scale renewable energy structures that are attached
to the main building or an accessory building shall be a
maximum height of 2.0 metres, but in no case shall the
structure exceed the applicable maximum height of the building
or structure. Any small-scale renewable energy structures not
attached to any building shall be subject to a maximum height
of 2.0 metres.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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e)
Lot Coverage
The total lot coverage of all accessory buildings and structures on a lot
shall not exceed 15.0 percent of the area of any lot in any zone.
f)
Special Provisions for Certain Accessory Uses, Buildings and
Structures
This By-law contains additional specific provisions for certain accessory
uses, buildings and structures, which shall be read in conjunction with
Subsection 3.3:
i)
ACCESSORY DWELLING UNITS - Subsection 3.1;
ii)
ACCESSORY RETAIL SALES - Subsection 3.2;
iii)
BICYCLE PARKING REQUIREMENTS - Subsection 3.9;
iv)
DRIVE-THROUGHS - Subsection 3.13;
v)
FENCES - Subsection 3.16;
vi)
GARBAGE AND REFUSE STORAGE ENCLOSURES -
Subsection 3.18;
vii)
HOME INDUSTRIES - Subsection 3.20;
viii)
HOME OCCUPATIONS - Subsection 3.21;
ix)
LOADING SPACE AND AREA REQUIREMENTS - Subsection
3.24;
x)
OUTDOOR PATIO - Subsection 3.32;
xi)
OUTDOOR STORAGE - Subsection 3.33;
xii)
PARKING AREA REQUIREMENTS - Subsection 3.34;
xiii)
PRIVATE MARINE FACILITIES AND MARINAS - Subsection
3.36;
xiv)
PRIVATE OUTDOOR SWIMMING POOLS - Subsection 3.37;
xv)
SEASONAL USES - Subsection 3.41;
xvi)
SECOND SUITES AND GARDEN SUITES - Subsection 3.42;
xvii)
TRAILERS, RECREATIONAL VEHICLES AND BOAT
PARKING AND STORAGE - Subsection 3.48; and
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
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xviii)
YARD, SETBACK AND HEIGHT ENCROACHMENTS
PERMITTED (applicable to certain accessory buildings and
structures) - Subsection 3.53.
AMENITY AREAS FOR MAISONNETTE DWELLINGS,
APARTMENT DWELLINGS, MIXED COMMERCIAL/
RESIDENTIAL BUILDINGS AND RETIREMENT HOMES
Amenity areas shall be provided for each maisonette dwelling unit, apartment
dwelling unit, apartment dwelling unit within a mixed commercial residential
building and retirement home suite or unit in accordance with the following
requirements:
a)
10.0 square metres of amenity area shall be provided for each bachelor
and one (1) bedroom dwelling unit;
b)
20.0 square metres of amenity area shall be provided for each two (2)
bedroom dwelling unit;
c)
35.0 square metres of amenity area shall be provided for each three (3)
bedroom dwelling unit;
d)
50.0 square metres of amenity area shall be provided for each four (4)
bedroom dwelling unit or dwelling unit with more than four (4)
bedrooms; and
e)
In addition to the amenity area requirements above, a children's play
area shall be provided where a maisonette or apartment dwelling
development contains ten (10) or more dwelling units. A children's play
area shall be provided at a rate of 2.5 square metres per dwelling or
apartment unit. The minimum size of any children's play area shall be
46.0 square metres, while the maximum size of such children's play
area shall be 140.0 square metres.
ANGULAR PLANES
Where the maximum height of a building is subject to the angular plane, as
indicated in the Zone provisions, the following provisions shall apply:
a)
The maximum height of a building shall be further restricted to the
height of a plane, extending from the street line on the opposite side of
the road and upwards at a forty-five degree (45) angle. The upper
storeys of the building shall be stepped back in accordance with the
angular plane.
b)
The angular plane shall be applied in addition to the maximum building
height as indicated in the zone provisions.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
3-8
APARTMENT UNITS IN COMMERCIAL AND MIXED USE ZONES
Where permitted by this By-law, an apartment unit permitted in commercial and
mixed use zones shall be in accordance with the following provisions:
a)
Apartment unit(s) shall be located in the second or higher storey of
commercial buildings.
b)
For all new buildings, amenity areas shall be provided for the
apartment units in accordance with Subsection 3.4.
c)
An apartment unit shall be prohibited on the same lot as an automobile
gas bar, automobile service station or automobile repair garage.
d)
Apartment units shall not exceed 100.0 percent of the gross floor area
of the non-residential use in a Commercial Zone.
e)
Parking requirements shall be provided for the apartment unit(s) shall
be in accordance with Subsection 3.34.
AUTO REPAIR ESTABLISHMENT, AUTO BODY SHOP OR
AUTOMOBILE SALES ESTABLISHMENT
a)
Where permitted by this By-law, an auto repair establishment, auto
body shop or automobile sales establishment shall store or enclose all
wrecked or damaged vehicles within a building or in a compound
located in the rear yard which is surrounded by a solid fence or fence
and sufficient landscaping to screen the damaged vehicles from public
view.
b)
All auto body repair activities shall be carried out within an enclosed
building.
AUTOMOBILE SERVICE STATIONS AND AUTOMOBILE GAS
BARS
Where permitted by this By-law, an automobile service station or automobile
gas bar shall be in accordance with the following provisions:
a)
The minimum lot frontage shall be 36.0 metres.
b)
The minimum lot frontage on a corner lot shall be 36.0 metres and the
minimum lot frontage on the exterior side shall be 36.0 metres.
c)
The minimum front yard shall be 9.0 metres.
d)
The minimum exterior side yard shall be 9.0 metres.
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
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e)
Notwithstanding clauses 3.8 c) and 3.8 d), the face of any protection
canopy may project 6.0 metres into any required front or exterior side
yard.
f)
No portion of any pump island shall be located on a corner lot within
the triangular space formed by the street lines and a line drawn from a
point on one street line to a point drawn on the other street line, each
such point being 15.0 metres from the point of intersection. Where the
two street lines do not intersect at a point, the point of intersection of
the street lines shall be deemed to be the intersection of the projections
of the street lines or the intersection of the tangents to the street lines.
g)
In no case shall a pump island be located closer than 6.0 metres to any
front or side lot line.
h)
All other lot and building requirements of the applicable Zone shall be
complied with.
BICYCLE PARKING REQUIREMENTS
If a lot is located within the area delineated as the Downtown and Central
Waterfront Area, as shown on Schedule "B", or is zoned any Residential, Mixed
Use, Commercial, Employment or Institutional Zone, bicycle parking shall be
provided for the uses specified in Table 3.9 and in accordance with the
provisions of Subsection 3.9.
a)
Bicycle parking and non-motorized vehicle sharing parking spaces shall
be permitted as an accessory use in all zones.
b)
The minimum number of bicycle parking spaces shall be in accordance
with Table 3.9:
Table 3.9: Minimum Required Bicycle Parking
Type of Use
Minimum Required Bicycle Parking
Institutional Residence
0.25 spaces per room or suite.
Retirement Home,
Apartment Dwelling,
Maisonnette Dwelling
0.25 spaces per dwelling unit.
School
1.0 space per 100.0 square metres of gross floor
area.
Retail, Office or Restaurant
Use with less than 3,000.0
square metres of gross
floor area
1.0 space per 250.0 square metres of gross floor
area.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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Table 3.9: Minimum Required Bicycle Parking
Type of Use
Minimum Required Bicycle Parking
Retail, Office or Restaurant
Use with over 3,000.0
square metres of gross
floor area
1.0 spaces per 250.0 square metres of gross floor
area for the first 3,000.0 square metres of gross
floor area, and 1.0 space per 500.0 square metres
of gross floor area thereafter.
Hotel or Motel
1.0 space per 1,000.0 square metres of gross floor
area.
Any other Non-Residential
Use
1.0 space per 1,000.0 square metres of gross floor
area.
c)
Where the minimum number of bicycle parking spaces calculated in
accordance with Table 3.9 results in a fraction, the minimum number of
bicycle parking spaces shall be rounded up to the next whole number.
d)
Bicycle parking shall be located on the same lot as the use or building
for which it is provided.
e)
Bicycle parking may be located within any yard, but not within a
visibility triangle.
f)
A maximum of 50.0 percent of bicycle parking spaces may be located
within a required landscaped area.
g)
Bicycle parking spaces shall be 0.6 metres by 1.8 metres.
h)
Bicycle parking spaces shall be accessed by an aisle with a minimum
width of 1.5 metres.
i)
Any bicycle parking areas and associated aisles shall be located and
designed such that they are directly accessible by cyclists from a
driveway or parking aisle designed in accordance with the provisions of
Subsection 3.34.
j)
Bicycle racks shall be provided for bicycle parking on a surface
comprised of crushed stone, brick, asphalt or concrete.
k)
The provisions of Subsection 3.9 shall only apply to the erection of a
new building, redevelopment of a lot or a change in use.
l)
Nothing in this By-law shall prevent the designation of bicycle parking
spaces for a vehicle sharing service. Up to five (5) non-motorized
vehicle sharing parking spaces shall count towards the fulfillment of the
minimum bicycle parking requirements of Subsection 3.9.
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
3-11
CATARAQUI REGION CONSERVATION AUTHORITY
SCREENING AREA (APPENDIX 1)
The Cataraqui Region Conservation Authority Screening Area, as delineated
on Appendix 1, illustrates areas that may be regulated under Ontario
Regulation 148/06. The actual regulated area may differ from the Screening
Area shown on Appendix 1, which is shown for informational purposes and the
regulated area, as determined by the Cataraqui Region Conservation Authority
Screening area, shall prevail over the Screening area. The following provision
shall apply:
a)
Development and redevelopment, including the placement or removal
of fill, shall not be permitted in any regulated area without the prior
written approval from the Cataraqui Region Conservation Authority.
CONSTRUCTION USES AND SALES OFFICES
The following uses are permitted in all zones within the Corporation:
a)
A tool shed, scaffold or other building or structure incidental to
construction on the lot where it is situated and only for so long as it is
necessary for the work in progress and until or unless the work is
completed or abandoned. "Abandoned," for the purpose of this clause,
shall mean the failure to proceed expeditiously with the construction of
a work.
b)
A temporary sales office used for the sale of residential, employment or
commercial lots or units in a plan of subdivision or a plan of
condominium which has received draft approval or has been zoned to
permit the development shall be permitted for a maximum of five (5)
years. A temporary sales office shall comply with the applicable
setbacks of the zone in which the office is located.
CONTINUOUS STREET FRONTAGE (SCHEDULE "B")
Notwithstanding any other provision of this By-law, where a property is shown
as being subject to the continuous street frontage on Schedule "B", the
following provisions shall apply:
a)
The width of the main building shall be a minimum of 90.0 percent of
the lot frontage and set back at the applicable minimum and maximum
front yard setbacks, as indicated in the applicable Zone provisions.
b)
A driveway accessing a parking area in the rear yard or a driveway
accessing a permitted underground or above-ground parking garage
may be permitted, provided it does not exceed 4.5 metres in width, and
provided the driveway does not exceed 10.0 percent of the lot frontage.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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c)
A maximum of one (1) driveway in accordance with clause 3.12 b) shall
be permitted along each street frontage.
d)
Notwithstanding clauses 3.12 a) and b), where a continuous street
frontage is shown on King Street, east of Buell Street and west of
Market Street East, no permeations in the continuous street frontage
shall be permitted, and the width of the main building shall be 100.0
percent of the lot frontage.
e)
In no case shall a new parking area be permitted in the front yard or
any side yard. Existing parking areas in any side yard shall be
permitted.
DRIVE-THROUGHS
a)
A drive-through use shall be a permitted accessory use to a
commercial use, such as a restaurant or financial service.
b)
A drive-through shall include a minimum of eight (8) designated
stacking spaces for restaurants and two (2) stacking spaces for any
other use.
c)
A stacking space shall be 5.5 metres in length and 3.0 metres in width.
d)
A stacking lane shall not be permitted within 20.0 metres of any
residential zone. The required setback may be reduced to a minimum
of 7.5 metres, provided that a noise wall, certified by a professional
engineer, no taller than 1.8 metres exclusive of decorative elements, is
installed prior to occupancy of the drive-through facility. The noise
levels shall not exceed the maximum levels specified by the Ministry of
Environment's NPC-300 - Environmental Noise Guideline, as
amended, for stationary sources of noise.
e)
Stacking spaces shall not be included in the calculation of required
parking.
f)
Stacking spaces shall not be located within any parking aisle or
driveway.
DWELLING UNITS BELOW GRADE
a)
Where permitted by this By-law, a dwelling unit, in part or in its entirety,
may be located in a basement provided that the finished floor level of
such basement is located above the level of the sanitary or storm
sewer serving the building or structure in which such basement is
located, and provided that all other health and Building Code
regulations are satisfied.
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
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b)
A dwelling unit below grade may be subject to a permit from the
Conservation Authority where the unit is located in the screening area
for the Cataraqui Region Conservation Authority, as shown on
Appendix 1.
EXISTING LOTS HAVING LESS AREA, DEPTH AND/OR
FRONTAGE
Where a lot having a lesser lot area, lot depth and/or lot frontage than that
required herein is held under distinct and separate ownership from abutting lots
as shown by a registered conveyance in the records of the Registry Office in
accordance with the Land Titles Act at the date of the passing of this By-law, or
where such a lot is created as a result of an expropriation, such smaller lot may
be used and a building or structure may be erected, altered or used on such
smaller lot, provided that the owner complies with all other requirements of this
By-law.
FENCES
No person shall construct a fence within the City of Brockville except in
accordance with the following provisions:
a)
Fences - Provision Applicable to All Zones
i)
No razor wire or electrical charged fences shall be permitted.
b)
Fences - Residential Zones
i)
Fences, walls, or hedgerows described herein shall be
measured from grade, and said height shall be inclusive of
lattice or other fence toppers.
ii)
Fences or walls constructed in any side or rear yard in any
Residential Zone shall be limited to a height of 2.0 metres. This
includes fences or walls constructed on or around a deck or
patio. For fences or walls constructed on a deck, height is
measured from the top of deck.
iii)
Fences, walls, or unpierced hedgerows constructed or planted
in any front yard in any Residential Zone shall be limited to a
height of 1.0 metre.
iv)
No barbed wire, spire tips, razor wire, sharp objects or
electrically charged fences shall be permitted.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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c)
Fences - Mixed Use, Commercial and Employment Zones
i)
Security fences in Commercial and Employment Zones shall be
limited to a height of 2.5 metres exclusive of barbed wire where
it is permitted in subclause 3.16 b) iii).
ii)
All fences shall be of sound, sturdy construction and except as
provided above, limited to 2.0 metres in height.
iii)
Barbed wire shall be permitted on security fences in
Commercial and Employment Zones but shall be limited to
three (3) strands, shall not overhang the fence in the direction
of the lot line, and shall not be used less than 2.0 metres from
grade.
d)
Fences - Other Zones Except Open Space and Institutional Zones
i)
All fences, except those described in clauses 3.16 a) and b)
and those located in any Open Space or Institutional Zone,
shall be limited in height to 2.0 metres.
FRONTAGE ON AN IMPROVED PUBLIC STREET
a)
Except as outlined elsewhere in this By-law, no person shall erect any
building or structure or create a lot in any zone unless the lot fronts
upon an improved public street.
b)
Notwithstanding the foregoing, an existing lot, shown in registered land
titles, in accordance with the Land Titles Act, and which is zoned for
residential uses, may be built upon and existing structures altered
provided the said lot or structure is connected to both municipal water
and sanitary sewer services. For the purposes of establishing
minimum setbacks for a lot on a private road or right-of-way, the private
road or right-of-way on which the existing lot fronts shall be considered
to be the front lot line.
c)
Cottages on Oriental Island, Smith's Island and Victoria Island in the St.
Lawrence River shall be exempted from the provisions of Subsection
3.17.
GARBAGE AND REFUSE STORAGE AND ENCLOSURES
a)
An enclosure for the outside storage of domestic waste containers
accessory to single detached dwellings, linked dwellings, semi-
detached dwellings, duplex dwellings, converted dwellings, triplex
dwellings or residential structures containing not less than four (4)
dwelling units shall not be required, unless otherwise specified.
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
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b)
In all other uses and zones other than those specified in clause 3.18 a),
no person shall store garbage or refuse on any lot except within the
main building on the lot or within a wholly enclosed accessory building
or structure on such lot, or in an enclosure in the exterior side yard or
rear yard of such lot.
c)
Where an enclosure is provided in accordance with clause 3.18 b), said
enclosure shall be surrounded by masonry, concrete or wooden walls
on all sides up to the height of the structure to screen the waste
container.
d)
Where an enclosure is provided in accordance with clause 3.18 b), the
enclosure shall be associated with an unobstructed space of at least
9.0 metres by 3.0 metres, to be used for the purposes of picking up
garbage or refuse from the enclosed container. Where a loading space
is required in accordance with the provisions of Subsection 3.24, the
loading area may be jointly used for garbage or refuse pick up.
e)
Any enclosure required in accordance with clause 3.18 b) shall be
located not less than 6.0 metres from any adjacent Residential Zone.
f)
Where an accessory building is provided in accordance with clause
3.18 b), said accessory building shall be located in accordance with
Subsection 3.3.
g)
The provisions contained herein shall not apply to City approved
recycling and composting containers placed at single detached
dwellings, linked dwellings, semi-detached dwellings, duplex dwellings,
converted dwellings, triplex dwellings or street townhouse dwellings
used in association with the residence. Recycling and composting
containers shall be stored only in a rear yard, if the storage of same is
exterior to the residence.
GROUP HOMES AND INSTITUTIONAL RESIDENCES
Where a group home or institutional residence is permitted by this By-law, the
group home or institutional residence shall be in accordance with the following
provisions:
a)
Parking shall be provided in accordance with Subsection 3.34.
b)
The group home or institutional residence shall comprise the sole use
of the dwelling.
c)
Group homes and institutional residences shall be in accordance with
all other provisions of this By-law, including the provisions of the
applicable Zone.
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HOME INDUSTRIES
Where a home industry is permitted as an accessory use by this By-law, a
home industry:
a)
Shall be conducted by at least one (1) resident of the dwelling unit and
shall not employ more than two (2) persons in addition to the resident
of the dwelling unit on a full-time basis;
b)
Shall be conducted on the same lot as the principal dwelling unit;
c)
Shall be permitted within the dwelling unit or any accessory structure in
accordance with the provisions of Subsection 3.3 and subject to a
building permit;
d)
Shall be clearly secondary to the principal use of the lot and shall not
alter the exterior of the dwelling unit except in accordance with the
provisions of Subsection 3.20;
e)
Shall not create noise, vibration, fumes, odour, dust, glare or radiation
which is beyond the normal use of the dwelling or which becomes
offensive or obnoxious or creates a nuisance;
f)
Shall not occupy more than 25.0 percent of the gross floor area of the
principal dwelling on the lot;
g)
Shall:
i)
on lots up to and including 0.4 hectares, be permitted in an
accessory structure with a maximum floor area of 200.0 square
metres.
ii)
on lots greater than 0.4 hectares, be permitted in an accessory
structure with a maximum floor area of 400.0 square metres.
h)
Shall only be permitted by obtaining a Certificate of Zoning Compliance
under Section 1.10; and
i)
Shall not include the selling of any goods on the property other than
those goods constituting the finished product of the home industry,
except that the sale of goods or items over the internet, mail or
telephone is permitted, provided that customers do not enter the
property to inspect or take possession of goods.
j)
Prohibited Uses
Without limiting the generality or applicability of the provisions for home
industries under clause 3.20, the following uses shall not be considered
home industries:
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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i.)
Automotive repair or automotive trade use exceeding one (1) service
bay measuring a maximum of 150.0 m2;
ii.)
Painting of vehicles, trailers or boats exceeding one (1) service bay
150.0 m2;
iii.)
Arcade; and,
iv.)
Outside storage associated to the home industry.
HOME OCCUPATIONS
a)
General
A home occupation is permitted in any residential dwelling unit in any
zones except the Rural (RU) Zone, where a home occupation shall not
be permitted.
b)
Provisions
Where a home occupation is permitted by this By-law, a home
occupation shall not:
i)
Occupy more than 25.0 percent of the gross floor area of the
dwelling unit or 28.0 square metres, whichever is lesser. Where
more than one (1) home occupation operates from a dwelling
unit, no more than 25.0 percent of the gross floor area shall be
occupied for such purposes.
ii)
Permit non-resident employees to be engaged in a home
occupation;
iii)
Alter the exterior of the dwelling unit by virtue of the operation
of a home occupation;
v)
Include the open storage of goods, materials or equipment or
display of goods visible from outside the dwelling unit;
vi)
Use an accessory building for the home occupation, except for
the storage of goods, materials or equipment required for the
home occupation, provided that, should a garage area be used
for said storage, the required parking for the dwelling unit shall
be maintained;
vi)
Become offensive or obnoxious or create a nuisance to
adjoining properties by reason of increased vehicular traffic or
parking, or delivery of goods, materials or equipment, or
electrical interference, or emission of odour, dust, smoke,
noise, gas, fumes, light, vibration, radiation, or refuse;
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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vii)
Include the sale of any goods on the site other than those
goods constituting the finished product of the home occupation;
viii)
Include more than two (2) clients, students or customers of the
home occupation to be on the premises at any one time;
ix)
Use advertising media which draws attention to the fact that a
dwelling unit is used for a home occupation;
x)
Operate without first obtaining a Certificate of Zoning
Compliance under Subsection 1.10; and
xi)
Provide or require additional parking spaces for a home
occupation.
c)
Exception
A private home day care may be established as a home occupation,
and shall not be restricted by subclauses 3.21 b) i) and viii).
d)
Prohibited Uses
Without limiting the generality or applicability of the provisions for home
occupations under clause 3.21 a), the following uses shall not be
considered home occupations:
i)
kennel;
ii)
veterinary clinic or office;
iii)
automobile repairs or automotive trade use;
iv)
painting of vehicles, trailers or boats;
v)
medical clinic or office;
vi)
multiple chair hairdresser or barber;
vii)
welding shop;
viii)
service and repair shop for large appliances or commercial and
industrial equipment; and
ix)
arcade.
INTERMITTENT STREET FRONTAGE (SCHEDULE "B")
Notwithstanding any other provision of this By-law, where a property is shown
as being subject to the intermittent street frontage on Schedule "B", the
following provisions shall apply:
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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a)
The width of the main building shall be a minimum of 70.0 percent of
the lot frontage and set back at the applicable minimum and maximum
front yard setbacks, as indicated in the applicable Zone provisions.
b)
Notwithstanding clause 3.22 a), where a lot is not subject to the
minimum building height requirement, as indicated on Schedule "B",
the width of the main building shall be a minimum of 50.0 percent of the
lot frontage.
c)
Where a parking area is proposed in a side yard, a planting strip shall
be provided so as to screen the parking area from view from the street.
The planting strip shall be designed and located in accordance with the
provisions of Subsection 3.35.
d)
In no case shall a new parking area be permitted in the front yard.
LEGAL NON-CONFORMING USES AND LEGAL NON-
COMPLYING BUILDINGS AND STRUCTURES
Nothing in this By-law shall apply:
a)
to prevent the use of any land, building or structure for any purpose
prohibited by the By-law, if such land, building or structure was lawfully
used for such purpose on the day of the passing of this By-law, so long
as it continues to be used for that purpose;
b)
to prevent the erection or use for a purpose prohibited by the By-law of
any building or structure for which a permit has been issued pursuant
to the Building Code Act, prior to the day of the passing of this By-law,
so long as the building or structure when erected, is used and
continues to be used for the purpose for which it was erected and
provided the permit has not been revoked pursuant to the Building
Code Act;
c)
to prevent an extension, addition, repair or replacement being made to
all or part of a use, building or structure which legally existed at the
date of passing of this By-law and which is a permitted use for the zone
in which it is located, but which does not comply with one (1) or more of
the Zone Provisions of this By-law (Sections 5.0 - 7.0), provided that:
i)
such extension, addition, repair or replacement does not further
reduce the front yard, interior side yard, exterior side yard or
rear yard setback that does not comply with this By-law;
ii)
such extension does not further reduce the minimum required
setback from the Environmental Protection (EP) Zone, in
accordance with Subsection 3.25; and
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iii)
all other applicable provisions of this By-law are satisfied.
d)
to prevent the installation of exterior cladding, with or without insulation,
to a maximum depth of 0.25 metres to a building or structure even
though the installation of such cladding would create a non-complying
yard or further decrease a legal non-complying yard. The resulting non-
complying yard shall be deemed to comply with the provisions of this
By-law;
e)
to permit an extension or addition to non-conforming uses, buildings or
structures, except by amendment to this By-law in accordance with
Section 34 of the Planning Act, or in accordance with a decision of the
Committee of Adjustment;
f)
to permit the erection of any new freestanding building where the land,
building or structure is non-conforming with respect to use in the zone.
Further, the Committee of Adjustment shall not grant any such
permission; or
g)
to prevent the repair of legal non-conforming uses, provided their
dimensions (height, size and volume) are not increased.
h)
A non-conforming building destroyed by any means beyond the control
of the owner may be replaced and rebuilt to the same extent in its
former location provided that construction is commenced within one (1)
year from the date of destruction and provided that the building is
completed within a reasonable time thereafter. The Chief Building
Official shall have regard for the clear intent of the Owner to reconstruct
the damaged building in considering the issuance of a Building Permit
in accordance with the aforementioned requirements.
LOADING SPACE AND AREA REQUIREMENTS
a)
Number of Loading Spaces Required
The owner or occupant of any lot, building or structure erected or used
for any purpose involving the receiving, shipping, loading or unloading
of goods or materials, shall provide and maintain at the premises, on
the lot occupied by the building or structure and not forming part of a
street or lane within the zone in which such use is located,
loading/unloading facilities comprising one (1) or more loading spaces
in accordance with the following provisions:
i)
For Residential and Institutional Uses
1.
A loading space shall not be required for multiple unit
residential or institutional buildings, but shall be
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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permitted in accordance with the provisions of
Subsection 3.24.
ii)
For All Commercial Uses
1.
Buildings or structures with a total floor area of 300.0
square metres or less shall not require a loading space,
but a loading space may be provided in accordance
with the provisions of this By-law.
2.
Buildings or structures with a total floor area exceeding
300.0 square metres, but not exceeding 1,000.0 square
metres, require at least one (1) loading space.
3.
Buildings or structures with a total floor area exceeding
1,000.0 square metres, but not 7,500.0 square metres,
require at least two (2) loading spaces.
4.
Buildings or structures with a total floor area exceeding
7,500.0 square metres require at least two (2) loading
spaces plus one (1) additional space for each additional
9,000.0 square metres or fractional part thereof in
excess of 7,500.0 square metres.
iii)
For All Employment Uses
1.
Buildings or structures with a total floor area of 420.0
square metres or less shall not require a loading space.
2.
Buildings or structures with a total floor area of 420.0
square metres to 2,300.0 square metres require at least
one (1) loading space.
3.
Buildings or structures with a total floor area of over
2,300.0 square metres require at least two (2) loading
spaces.
b)
Loading Area Requirements
Loading spaces required or permitted under clause a) shall be in
accordance with the following provisions:
i)
Dimensions and Vertical Clearance of Loading Space
Each loading spaces shall be not less than 9.0 metres in length,
3.0 metres in width and having a vertical clearance of not less
than 4.5 metres.
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ii)
Access
Access to loading or unloading spaces shall be by means of a
driveway not less than 6.0 metres wide contained within the lot
on which the spaces are located and leading to a street or land
located within or adjoining the zone in which the use is located.
iii)
Loading Space Surface
All loading spaces, and driveways connecting the loading
space(s) with a street, shall be paved with an asphaltic or
concrete surface and be so constructed to prevent drainage
onto the travelled portion of any street or adjacent lands.
iv)
Location
The loading space or spaces required shall only be located in
an interior side yard or a rear yard.
v)
Additions to Existing Building
1.
Buildings in Existence: The loading space requirements
referred to herein shall not apply to any building in
existence at the date of passing of this By-law so long
as the floor area as it existed at such date is not
hereafter increased.
2.
Later Additions: If an addition or additions are made to
the building after the date of passing of this By-law,
then additional loading spaces shall be provided for the
increase of the floor area for the addition as required by
clause 3.24 a).
MAIN BUILDING LOCATION IN RELATION TO
ENVIRONMENTAL PROTECTION ZONE
a)
No person shall construct any main building closer than 6.0 metres to
any Environmental Protection (EP) Zone boundary, as delineated on
Schedule "A".
b)
Where a legally existing main building is located between 5.0 metres
and 6.0 metres of any Environmental Protection (EP) Zone boundary,
such structure shall be considered a legally non-complying structure
and be subject to the provisions of Subsection 3.23.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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MICRO-BREWERY AND/OR MICRO-WINERY
Where permitted by this By-law, a Micro-Brewery and/or Micro-Winery shall be
subject to the following provisions:
a) Required to include retail and/or restaurant and/or sampling
area component;
b) Permitted to have an outdoor patio area (subject to outdoor
patio regulations);
c) Be restricted to a maximum building footprint of 929.0 square
metres, including storage;
d) Required to have a minimum of 50% of the building frontage to
be retail and/or restaurant and/or sampling area component
and must extend a minimum of 10.0 metres from the building
face into the building;
e) Contain a minimum of one (1) loading space on-site;
f)
Parking shall be in accordance with Subsection 3.34;
g) Not be permitted to have outdoor storage; and,
h) Not cause nuisance due to noise, odour, dust, fumes, vibration
or glare.
MINIMUM BUILDING HEIGHT (SCHEDULE "B")
Notwithstanding any other provision of this By-law, where a property is shown
as being subject to the minimum building height of two (2) storeys on Schedule
"B", the minimum height of any main building shall be two (2) storeys or 7.0
metres.
MINIMUM GROUND FLOOR HEIGHT (SCHEDULE "B")
Notwithstanding any other provision of this By-law, where a property is shown
as being subject to the minimum ground floor height on Schedule "B", the
minimum height of the first storey shall be 4.5 metres.
MIXED COMMERCIAL/RESIDENTIAL BUILDING
Where permitted by this By-law, a mixed commercial/residential building shall
be in accordance with the following provisions:
a)
Parking shall be provided for all uses in accordance with Subsection
3.34 and bicycle parking shall be provided in accordance with
Subsection 3.9.
b)
Dwelling units shall not be located on the ground floor of buildings
shown as being subject to the continuous building frontage provisions,
as shown on Schedule "B" to this By-law.
c)
For all new buildings, amenity areas shall be provided for the units in
accordance with Subsection 3.4.
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d)
Dwelling units shall be prohibited on the same lot as an automobile gas
bar, automobile service station or automobile repair garage.
e)
Conversions of commercial space to residential dwelling unit(s) shall be
permitted in the MD and MW Zones, provided all other provisions of
this By-law are complied with.
MOBILE HOMES
No person shall locate or use a mobile home in any zone.
MUNICIPAL SERVICES REQUIRED
a)
Except for an existing single detached dwelling, no person shall erect
or enlarge any main building or structure for any purpose unless said
main building or structure is connected solely to municipal water and
sanitary sewers for the provision of water and the disposal of sanitary
sewage, respectively. Further, no lot shall be created unless municipal
water and sanitary sewers are available.
b)
Notwithstanding clause 3.31 a), an existing lot of record zoned Rural
(RU) may be developed in accordance with the permitted uses and lot
and building requirements for the RU Zone.
c)
The Sewer Use By-law may apply to a change in an industrial use.
d)
A cottage use on Oriental Island, Smith's Island and Victoria Island in
the St. Lawrence River shall be exempted from the provisions of
Subsection 3.31.
OUTDOOR PATIO
Where permitted by this by-law as an accessory use to a permitted restaurant
or other food premises, an outdoor patio may be located in any yard but not
within 3.0 metres of any property line, nor in a visibility triangle. Such
provisions shall not apply to outdoor patios located in the MD and MW Zones.
OUTSIDE STORAGE
a)
Outside storage shall be prohibited unless explicitly permitted by this
By-law in accordance with the Zone Provisions of this By-law (Sections
5.0 - 7.0).
b)
Where permitted by this By-law, an outside storage use shall be in
accordance with the following provisions:
i)
Outside storage shall only be permitted in the rear or interior
side yards.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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ii)
Outside storage shall comply with the yard requirements for
main buildings where the lot abuts a non-commercial or non-
employment zone.
iii)
Outside storage, where permitted in Commercial Zones, shall
not cover more than 35.0 percent of the lot area nor exceed
twice the ground floor area of the main building on the lot.
iv)
Outside storage shall be concealed from view from any public
street by a planting strip, fence or wall. The planting strip, where
provided, shall be in accordance with the provisions of
Subsection 3.35. A wall or fence, where provided, shall be
opaque and have a minimum height of 1.8 metres and in
accordance with the provisions of Subsection 3.16.
v)
Outside storage of vehicles awaiting repair in association with an
automobile repair garage or automobile service station shall be
located entirely within an enclosed building, or in the rear yard
and enclosed by a solid fence to screen the storage. All
automobile repair activities shall be conducted only within an
enclosed building.
c)
The outside storage provisions shall not apply to the storage and
parking of motor vehicles which are displayed for sale.
d)
The outside storage provisions shall not apply to a marina where it is
permitted by this By-law, except that outside storage shall be prohibited
in any front yard.
PARKING AREA REQUIREMENTS
Public and private parking spaces which are accessory to the main use of a lot,
building or structure are a permitted use in all zones. Parking spaces and
areas required under this By-law shall be provided in accordance with the
following provisions:
a)
Minimum Number of Parking Spaces
i)
Required Number of Parking Spaces by Use
No person shall erect, enlarge or change the use of a lot,
building or structure without providing and maintaining a
minimum number of parking spaces in accordance with Tables
3.34(a), 3.34(b), 3.34(c), and 3.34(d).
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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Table 3.34(a): Parking Requirements for Residential Uses
Type of Use
Minimum Required Parking
Accessory Dwelling Unit
1.0 space per unit, in addition to the parking requirements
of the principal use.
Apartment Dwelling or
Maisonette Dwelling
1.4 spaces per unit; or
1.25 spaces per unit located south of the CNR Mainline,
as shown on Schedule "A"; or
1.1 spaces per unit located in the Downtown and Central
Waterfront Area, as delineated on Schedule "B"
Apartment Units as part of a
Mixed Commercial/
Residential Building, where
permitted in Commercial and
Mixed Use Zones
1.1 spaces per unit; or
1.0 space per unit located south of the CNR Mainline, as
shown on Schedule "A" and in the Downtown and Central
Waterfront Area as delineated on Schedule "B".
Bed & Breakfast
A minimum of 1.0 space for the dwelling unit, plus 1.0
space per guest room.
Boarding, Rooming or
Lodging House
A minimum of 1.0 space for the dwelling unit, plus 0.5
spaces per bedroom.
Converted Dwelling
1.25 spaces per dwelling unit for the first two (2) units, 1.0
space for the third unit or any additional unit, as may be
permitted through a special exception.
Duplex Dwelling
1.5 spaces per dwelling unit.
Garden Suite
1.0 space per garden suite, in addition to the parking
requirements for the principal dwelling unit.
Group Home
2.0 spaces per group home.
Home Occupation, including
Private-Home Day Care
No additional spaces shall be required.
Institutional Residence
0.5 spaces per bed.
Linked Dwelling
2.0 spaces per dwelling unit.
Rental or Condominium
Townhouse Dwelling
1.5 spaces per dwelling unit.
Retirement Home
0.5 spaces per unit.
Second Suite
1.0 space per second suite, in addition to the parking
requirements for the principal dwelling unit.
Semi-detached dwelling
2.0 spaces per dwelling unit.
Single Detached Dwelling
2.0 spaces per dwelling unit.
Street Townhouse Dwelling
2.0 spaces per dwelling unit.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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Type of Use
Minimum Required Parking
Triplex Dwelling
1.5 spaces per dwelling unit. Where each triplex dwelling
is on its own lot, 2.0 spaces per dwelling unit shall be
provided.
Table 3.34(b): Parking Requirements for Commercial and Mixed Uses
Type of Use
Minimum Required Parking
Adult Entertainment
Establishment
1.0 space per 15.0 square metres of gross leasable area.
Assembly Hall
1.0 space per 10.0 square metres of gross floor area.
Automobile Repair Garage
4.0 spaces per service bay.
Automobile Service Station
4.0 spaces per service bay.
Automotive Trade Use
4.0 spaces per service bay.
Automobile Sales and Used
Automobile Sales
Establishment, Service
Establishment, Automobile
Rental Agency, and
Automobile Leasing Agency
1.0 space per 20.0 square metres gross floor area.
Bank or Trust Company
6.0 spaces per 100.0 square metres gross leasable area.
Car Wash
Self-service - 3.0 spaces per wash rack.
Drive-through/conveyor - 5.0 spaces per wash rack.
Clinic or Medical Office
1.0 space per 15.0 square metres of gross leasable area.
Commercial Recreation
Establishment
1.0 space per 20.0 square metres of gross floor area
Commercial Use in Mixed
Commercial Residential
Development
4.0 spaces per 100.0 square metres gross leasable area.
Convenience Store
5.0 spaces per 100.0 square metres gross leasable area.
Hardware, Home Appliance,
Home Decorating, Home
Furnishing or Home
Improvement Store
2.0 spaces per 100.0 square metres gross leasable area.
Hotel or Motel
1.0 space per guestroom plus the required spaces for any
adjoining public or commercial uses, such as a restaurant.
Industrial Equipment Sales,
Service and Rental or
3.0 spaces per 100.0 square metres gross leasable area.
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Type of Use
Minimum Required Parking
Industrial and/or Automotive
Supply
Marina
0.5 spaces per slip, in addition to any parking
requirements for accessory uses as may be permitted,
such as a restaurant.
Micro-Brewery and Micro-
Winery
1.0 space per 15.0 square metres gross leasable area for
any restaurant, retail and/or sampling area and 1.0 space
per 90.0 square metres gross leasable area for all other
floor space
Offices (Business, Public,
Professional)
3.5 spaces per 100.0 square metres gross leasable area
on the first storey and 2.0 spaces per 100.0 square
metres gross leasable area above or below the first
storey.
Personal Service
Establishment
5.0 spaces per 100.0 square metres gross leasable area.
Refreshment vehicles
5.0 spaces
Restaurants, including take-
out restaurants
1.0 space per 15.0 square metres gross leasable area,
except that any take-out restaurant shall be 1.0 space per
8.0 square metres gross leasable area. In all cases a
minimum of 5.0 spaces shall be provided.
Outdoor Patio
No additional parking shall be required, except that where
the area of the outdoor patio exceeds 50.0 percent of the
gross leasable area of the restaurant, parking shall be
provided at a rate of 1.0 space per 15.0 square metres of
outdoor patio seating area.
Retail Uses (General)
5.0 spaces per 100.0 square metres gross leasable area.
Self-Service Storage Facility
1.0 space per 100.0 square metres gross leasable area.
Shopping Centre or
Department Store
5.0 spaces per 100.0 square metres gross leasable area.
Supermarket or Grocery
Store
6.0 spaces per 100.0 square metres gross leasable area.
Theatre
1.0 space per 5 fixed seats.
Veterinarian's Office
3.5 spaces per 100.0 square metres gross leasable area.
Wholesale Establishment
1.5 spaces per 100.0 square metres gross leasable area.
All Other Commercial Uses
Not Listed Herein
5.0 spaces per 100.0 square metres gross leasable area.
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Table 3.34(c): Parking Requirements for Employment Uses
Type of Use
Minimum Required Parking
Automobile Body Shop
1.0 space per 30.0 square metres gross leasable area.
Industrial Mall
1.0 space per 80.0 square metres gross leasable area.
Industrial Use, Light Industrial
Use
1.0 space per 100.0 square metres of gross leasable area
for the first 900.0 square metres plus 1.0 space per 185.0
square metres thereafter.
Transportation Terminal
1.0 space per 185.0 square metres gross leasable area.
Warehouse
1.0 space per 185.0 square metres gross leasable area.
All Other Industrial Uses Not
Listed Herein
1.0 space per 90.0 square metres gross leasable area.
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Table 3.34(d): Parking Requirements for Institutional, Rural and Open
Space Uses
Type of Use
Minimum Required Parking
College or Private School or
Training Facility
4.0 spaces per classroom.
Place of Worship
The greater of:
(a) 1.0 space for 5 fixed seats. Where the seating is
provided by open benches, every 0.5 metres of bench
space shall be considered as one (1) seat for the purpose
of this By-law; or
(b) 1.0 space for 25.0 square metres of gross floor area.
Day Nursery
2.0 spaces for 20.0 square metres of gross floor area.
Driving Range
1.0 spaces per stall.
Elementary School
2.0 spaces per classroom.
Golf Course
3.0 spaces per hole plus 1.0 space per 25.0 square
metres for indoor public areas. Parking for any additional
accessory uses, such as a restaurant, shall be calculated
in accordance with the applicable provisions for each use.
High School
4.0 spaces per classroom.
Hospice or Hospital
0.5 spaces per bed, including any bed used for overnight
stays, temporary stays and any beds used for any specific
medical examination or practice.
Miniature Golf Course
1.0 space for 25.0 square metres of course area.
Museum, Art Gallery
1.0 space per 50.0 square metres of display area.
Nursing Home
0.25 spaces per bed.
ii)
Method of Calculation
1.
Rounding
For the purposes of calculating required parking, should
a fraction result from a calculation, then the required
parking shall be the next highest whole number. For
example, if the calculated minimum parking requirement
is 3.25 spaces, then the required minimum parking is
4.0 spaces.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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2.
Calculation of Parking for Multiple Uses on a Lot
Except as otherwise provided in this By-law, when a
building, lot or structure accommodates more than one
(1) type of use as set out in subclause 3.34 a) i), the
parking space requirement for the whole building shall
be the sum of the requirements for the separate parts of
the building occupied by the separate types of use. This
provision shall apply to any principal use(s) and
accessory use(s).
3.
Calculation of Parking Requirements for Construction of
Additions or Changes in Use
When a building or structure has insufficient parking at
the time of passing of this By-law to comply with the
requirements herein, this By-law shall not be interpreted
to require that the deficiency be made up prior to the
construction of any addition. However, no addition may
be built and no change of use may occur, the effect of
which would be an increase in that deficiency.
iii)
Designation of Parking for Persons with Disabilities
1. a) Where a new residential building or an addition to an
existing residential building must be barrier free in
accordance with the Building Code Act and its
regulations, one (1) parking space, with a width of not
less than 3.5 metres, shall be provided at the rate of
one (1) space for every fifty (50) parking spaces
required to be provided by this By-law.
b)
Where a new building or an addition to an existing
building must be barrier free in accordance with the
Building Code Act and its regulations, the following
chart will apply to barrier-free parking spaces. Each
required space must have a minimum width of not less
than 3.5 metres.
Total number of parking
spaces in parking
facility for public use
Total number of
accessible parking
spaces required
1-12
1
12-100
4%
101-200
3% + 1
201-1000
2% + 2
1001 +
1% + 11
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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2.
Notwithstanding paragraph 3.34 a) iii) 1., not less than
one (1) parking space designated for persons with
disabilities shall be provided.
3.
Parking spaces designated for persons with disabilities
shall be included in the calculation of the required
parking.
4.
All barrier free parking spaces shall be identified by an
above ground sign and shall have the international
symbol for accessibility painted within the parking
space. The parking space shall be painted blue or be
unpainted.
iv)
Special Exemptions for Minimum Required Parking in the
Downtown and Central Waterfront Area
1.
Any change of use of existing commercial gross
leasable area within the Downtown and Central
Waterfront Area, as delineated on Schedule "B", to
another permitted commercial use shall be exempted
from the requirement, if any, to provide additional
parking spaces under subclause 3.34 a) i), provided
that all existing on-site parking spaces are maintained.
2.
Where there is a conversion of part or all of a residential
unit to a commercial use permitted in the Downtown
and Central Waterfront Area, as delineated on
Schedule "B", and the new commercial use will occupy
part or all of the ground floor area of the building, there
shall be an exemption for a maximum of three (3)
parking spaces required to accommodate the
conversion in accordance with subclause 3.34 a) i). The
exemption shall be granted one time only per lot.
3.
Where a lot is located in the Downtown and Central
Waterfront Area, as delineated on Schedule "B", the
parking required for any commercial uses in
accordance with subclause 3.34 a) i) shall be reduced
by 50.0 percent.
b)
Parking Space, Area and Driveway Requirements
i)
Parking Space and Aisle Dimensions
Parking spaces may be varied in width depending on the angle
measured perpendicular to the axis of the access aisle of the
space provided. Where an aisle serves two (2) different types
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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of angled parking, which are located across from each other,
the largest required access aisle shall be provided. The
dimensions of parking spaces and parking space access aisles
shall be in accordance with the following:
1.
Ninety degree (90) parking spaces shall be 2.75
metres by 5.5 metres with a minimum 6.0 metres
access aisle;
2.
Sixty degree (60) parking spaces shall be 2.6 metres
by 5.5 metres with a minimum 5.5 metres access aisle;
3.
Forty-five degree (45) parking spaces shall be 2.6
metres by 5.5 metres with a minimum 4.5 metres
access aisle;
4.
Thirty degree (30) parking spaces shall be 2.6 metres
by 5.5 metres with a minimum 4.5 metres access aisle;
and
5.
Parallel parking spaces shall be 6.0 metres by 2.75
metres with a minimum 4.5 metres access aisle.
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ii)
Pavement Marking
1.
Where the number of off-street parking spaces required
by this By-law equals five (5) or more, all such parking
spaces shall be delineated with white or yellow paint.
2.
Should a parking area be re-designed or re-configured
in accordance with the provisions of this By-law, any
markings which no longer apply shall be completely
removed.
3.
Parking spaces designated for persons with disabilities
shall be painted and designated in accordance with the
provisions of subclause 3.34 a) iii).
4.
Nothing in this By-law shall prevent the special
delineation of parking spaces specifically for expectant
mothers or families with young children. However,
parking spaces for expectant mothers or families shall
not be painted blue.
iii)
Parking Area Surface
In the case of a dwelling containing not more than three (3)
dwelling units, such parking area and driveway shall, before
being used, be constructed of one or more of the following
materials: crushed stone, asphalt, brick, concrete or a
permeated hard surface with gaps intended to permit infiltration
of storm water, for a combined depth of not less than 0.15
metres. In all other cases, each parking area, driveway and
driveway access connecting a parking area with a street shall,
prior to occupancy, be paved with an asphaltic, brick or
concrete surface; and, in all zones established by this By-law,
except an Employment Zone or Rural Zone, shall be bounded
with curbs.
iv)
Access to Parking Areas
1.
Driveways, Access Lanes and Parking Aisles
a.
Ingress and egress to parking areas shall be
provided by parking aisles comprised of not less
than one (1) access lane for ingress and one (1)
access lane for egress.
b.
Each lane shall be a minimum width of 3.0
metres, and if combined, the lanes shall be a
minimum width of 6.0 metres.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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c.
The width of the lanes shall not exceed 9.0
metres.
2.
Driveway Separation Distance on the Same Lot
Except for the development of triplex, semi-detached,
link or townhouse dwellings, no person shall locate
more than one (1) driveway on a single lot without a
separation distance of a minimum of 15.0 metres
measured between the nearest curb faces of each
private approach (driveway) along the street line.
3.
Separation between Driveways and Intersections
The minimum distance between a driveway and an
intersection of street lines measured along the street
line intersected by such driveway shall be 10.0 metres.
4.
Driveway Angle in Relation to Street Line
The minimum angle of intersection between a driveway
and a street line shall be sixty degrees (60).
5.
Access Through Residential Zones
No lot or parcel which is residentially zoned shall be
used for vehicular access purposes to any land which is
non-residentially zoned.
6.
Ingress/Egress in Flood Prone Areas
Ingress/egress for new buildings shall be designed such
that vehicular and pedestrian movement is not
prevented during times of flooding.
7.
Access through Visibility Triangle
A driveway shall not be located within any required
visibility triangle.
v)
Parking Area Location
1.
Unless otherwise permitted by this By-law, all required
parking shall be provided on the same lot and in the
same zone as the main building or use for which the
parking has been provided.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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2.
Location of Parking Areas in Residential Zones
a.
Parking areas shall be permitted in any yard
except in the exterior side yard. Parking areas
shall only be permitted in the front yard in
accordance with Subparagraph 3.34 b) v) 2. b.
below. Parking shall be limited to a driveway or
parking area designed and located in
accordance with the provisions of Section 3.34.
b.
Notwithstanding anything to the contrary in this
subsection, any residential driveway may be
used for parking purposes, provided that it shall
lead to another legal parking space, garage, or
carport. An additional parking area which does
not lead to a legal parking space, garage or
carport, may be provided in a front yard parallel
to the existing legal parking space or driveway
to accommodate the parking of vehicles,
provided that the total width of all driveway(s) or
parking areas does not exceed the lesser of 9.0
metres or 50.0 percent of the width of the lot.
c.
Parking areas for apartment dwellings and
retirement homes shall be permitted in interior
side yards and rear yards
d.
Planting strip(s) shall be provided in accordance
with Subsection 3.35.
3.
Location of Parking Areas in Open Space, Commercial,
Mixed Use, Institutional and Rural Zones
a.
Parking areas shall be permitted in any yard.
b.
No part of any parking area, other than a
driveway or parking aisle, shall be located
closer than 5.0 metres to any street line, or the
required building setback from the street line,
whichever is lesser.
c.
Planting strip(s) shall be provided in accordance
with Subsection 3.35.
4.
Location of Parking Areas in Employment Zones
a.
Parking areas shall be permitted in interior side
and rear yards only. Driveways may be
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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provided in the front or exterior side yards in
accordance with the requirements of subclause
3.34 b) iv).
b.
Planting strip(s) shall be provided in accordance
with Subsection 3.35.
c.
Parking areas located in the front yard in
Employment Zones, which existed prior to the
effective date of this By-law, shall be deemed to
be legally complying to this By-law with respect
to location.
vi)
Setbacks for Underground Parking Structures
1.
The yard requirements of this By-law shall not apply to
any component of an underground parking structure
that is below grade. For clarity, above-ground structures
associated with an underground parking structure, such
as a stairwell or ventilation shaft, shall be in accordance
with the provisions for accessory buildings and
structures.
2.
Underground parking structures shall be located entirely
on the subject property.
vii)
Maintenance of Parking Areas
A person shall maintain parking spaces and parking areas
required by this By-law for the duration of the use served and in
accordance with the provisions of Subsection 3.34.
viii)
Parking Attendant/Security Shelter
Notwithstanding any other provisions of this By-law, a shelter
for use solely by parking attendants or security personnel may
be erected in any part of a parking area, except within a
visibility triangle, provided such shelter is not more than 4.0
metres in height and has a floor area of not more than 12.0
square metres.
c)
General Prohibitions and Requirements
i)
Commercial Vehicle and Non-Recreational Vehicle Trailer
Parking in Private Garages
Notwithstanding any other provision of this By-law, the owner or
occupant of any lot, building or structure in any Residential
Zone may use any private garage of which he is the owner or
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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occupant, erected upon any such lot for the housing or storage
of a maximum of one (1) commercial motor vehicle or non-
recreational vehicle not exceeding 3,000.0 kilograms in gross
vehicle weight, provided the vehicle is owned or operated by
the owner or occupant and is licenced and registered in the
Province of Ontario.
ii)
Parking of One (1) Commercial Vehicle or Non-Recreational
Trailer per Residential Lot
No person shall, in any Residential Zone, use any lot for the
parking or temporary storage of more than one (1) commercial
motor vehicle or non-recreational trailer. The commercial
vehicle or non-recreational trailer shall not exceed 3,000.0
kilograms in gross vehicle weight and shall be licenced and
registered in the Province of Ontario.
iii)
Parking for Vehicles in Storage
1.
The provision of parking for vehicles not in use and the
storage of vehicles for gain, display or sale or awaiting
maintenance shall not be included as satisfying any part
of the provisions of this By-law.
2.
Each vehicle storage area and driveway connecting a
storage area with a street shall be paved with an
asphalt, brick or concrete surface except in the RU, E1,
or E2 Zones where the storage area may be
constructed of gravel with provisions for drainage
facilities and dust control.
3.
Vehicle storage areas, including storage for vehicles
associated with a car rental establishment or vehicle
sales, shall be located, designed and maintained in
accordance with the provisions of Subsection 3.34.
iv)
Private Automobile Repairs on Residential Lots
No person shall engage in private automobile repairs on a
residential lot other than the periodic on-site maintenance of a
validly licensed non-commercial passenger vehicle registered
to the current occupant of the dwelling unit.
v)
Validly Licensed Vehicles Only
Any area where off-street parking is permitted or required under
this By-law or otherwise provided, such parking area shall be
used only for the parking of operative vehicles bearing a
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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currently valid motor vehicle license plate, and for vehicles used
in operations incidental to permitted uses in respect of which
such parking spaces and areas are required. Subclauses 3.34
c) i) and ii) shall apply to commercial vehicle parking in
Residential Zones.
d)
Motorized Vehicle Sharing Parking Spaces
i)
Permitted Zones
Motorized vehicle sharing parking spaces shall be permitted in
any Mixed Use, Commercial, Employment, Institutional or
Multiple Residential Zone.
ii)
Relationship to Minimum Number of Parking Spaces
In any Mixed Use, Commercial, Employment, Institutional or
Multiple Residential Zone, up to three (3) of the minimum
number of required parking spaces in accordance with
Subsection 3.34 may be used as motorized vehicle sharing
parking spaces. Any additional parking spaces to be designated
as motorized vehicle sharing parking spaces shall be provided
in addition to the required minimum number of parking spaces.
PLANTING STRIPS
a)
Planting Strips Required Abutting Residential Zones
i)
A planting strip shall be required in the following circumstances:
1.
Where a lot is used for a non-residential purpose and
the interior side or rear lot line abuts a Residential
Zone;
2.
Where such lot is in a Non-Residential Zone and the
front, side or rear lot line abuts a portion of a street, and
where the opposite side of the street abuts a
Residential Zone; or
3.
Where a lot is used for an apartment dwelling that is
equal to or greater than 4 storeys, a planting strip shall
be required on any lot line that abuts an R1, R2 or R3
zoned lot. This provision shall not apply to any
apartment dwellings that legally existed on the date of
adoption of this By-law.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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ii)
Where a planting strip is required in accordance with subclause
3.35 a) i), the planting strip shall have a minimum width of 3.0
metres unless otherwise provided herein.
iii)
A required planting strip shall be used for no other purpose than
planting a continuous unpierced hedgerow of evergreens or
shrubs not less than 1.5 metres high at maturity, immediately
adjacent to the lot line or portion thereof along which such
planting strip is required herein; the remainder of the strip shall
be used for no other purpose than trees, hedges, shrubs, flower
beds, grass or a combination thereof.
iv)
Notwithstanding any other provision of Subsection 3.35, a
planting strip shall not be required on any lot zoned Mixed Use
Downtown (MD) or Mixed Use Waterfront (MW).
v)
In all cases where ingress and egress driveways, access lanes
or walkways extend through a planting strip, it shall be
permissible to interrupt the strip within 3.0 metres of the edge of
such driveway or access lane or within 1.5 metres of the edge
of such walkway.
vi)
A planting strip referred to in Subsection 3.35 may form part of
any landscaped open space required by this By-law.
vii)
No accessory use, accessory structure or accessory building
shall be permitted to locate within a required planting strip.
b)
Planting Strips Required for Parking and Loading Areas
i)
Where a parking and/or loading area for a non-residential use
abuts a residential use, a 3.0 metre planting strip as described
herein, or a 1.5 metre planting strip and a solid fence 1.5
metres in height, or a solid fence 2.0 metres in height, shall be
provided on the lot on which the non-residential use is located.
ii)
Where a parking area for a residential building or buildings
containing more than four (4) dwellings units abuts a single
detached dwelling, semi-detached dwelling, linked dwelling,
duplex dwelling, or street townhouse dwelling, then a planting
strip, as described herein, shall be provided.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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PRIVATE MARINE FACILITIES AND MARINAS
a)
General
i)
A private marine facility abutting a navigable body of water shall
be permitted in any zone in accordance with the provisions of
Subsection 3.3 and the provisions of Subsection 3.36.
ii)
Private marine facilities may be constructed along the
shoreline, subject to any required permit or approval from the
Conservation Authority, the Province of Ontario or the
Government of Canada.
iii)
A private marine facility shall only be permitted as an accessory
building or structure, and shall not be permitted as the principal
use of a lot.
iv)
A private marine facility shall not be used for human habitation.
b)
Boathouses Constructed Up to Water's Edge
Notwithstanding any other provisions of this By-law, where a boathouse
is permitted, a boathouse may be sited up to a lot line that corresponds
to the shoreline, subject to a permit from the Conservation Authority
and any other required approvals.
c)
Boathouse Maximum Height
Notwithstanding any other provisions of this By-law, the maximum
permitted height of a boathouse shall be 4.0 metres measured from the
shoreline.
d)
Marinas and Marine Service Stations
a)
Notwithstanding any other provisions of this By-law, where a
marina or marine service station is permitted, the accessory
structures used for water access and structures used for
mooring/fueling/activities may be sited up to a lot line that
corresponds to the shoreline and on the water, subject to a
permit from the Conservation Authority and any other required
approvals.
b)
The main building of the marine service station or marina,
including any permitted restaurant, shall be in accordance with
the setbacks established in the applicable Zone Provisions.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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PRIVATE OUTDOOR SWIMMING POOLS
Notwithstanding any other provisions of this By-law, a private outdoor
swimming pool may only be erected and used in any interior side yard or rear
yard in accordance with the following provisions:
a)
Distance from Lot Line
No person shall locate any part of a private outdoor swimming pool,
closer than 1.5 metres to any rear or interior side lot line, nor closer
than 4.5 metres to any exterior side lot line.
b)
Treatment Equipment
Except where such equipment is located within a main or accessory
building, no water circulating or treatment equipment shall be located
closer than 3.0 metres to any rear or interior side lot line, nor closer
than 4.5 metres to any exterior side lot line.
c)
Lot Coverage
A private outdoor swimming pool shall not be considered part of the lot
coverage.
d)
Accessory Building to Private Outdoor Swimming Pool
Any structure used in conjunction with a private outdoor swimming pool
shall only be permitted in an interior side or rear yard and shall be
located in accordance with the provisions of Subsection 3.3 of this By-
law.
e)
Decks Associated with a Swimming Pool
The provisions above shall not apply to a deck erected or used in
association with a private outdoor swimming pool. Decks shall be in
accordance with all other applicable provisions of this By-law.
PROHIBITED USES
a)
Except where provision is made in the Special Exception Zones of this
By-law, no land shall be used and no building or structure shall be
erected, located or used in any zone for any of the following purposes:
i)
any use which is in contravention of this By-law and which is
not a legally non-conforming use or a legally non-complying
building or structure;
ii)
any use which is in contravention of the Environmental
Protection Act;
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
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iii)
any use which is classified as a health hazard by the Health
Protection and Promotion Act, or any regulation thereto;
iv)
any use which is offensive or dangerous by reason of the
emission of obnoxious odour, smoke, dust, gas, fumes, liquid,
noise, vibration or refuse matter;
v)
the manufacturing, processing, use or storage of explosives;
vi)
the manufacturing of pesticides, herbicides or fungicides;
vii)
the manufacturing of fertilizer from dead animals or from human
or animal waste;
vii)
a propane storage or transfer facility, or the bulk storage,
refinement or use in manufacturing of petroleum or any other
combustible, highly flammable or volatile material, except
where such materials are used or stored accessory to a
principal use, such as a gas bar, or the incidental storage of
fuels for cooking;
viii)
No person shall erect a satellite signal broadcast or receiving
dish that exceeds 0.6 metres in diameter, except in accordance
with the following provisions:
1.
Satellite signal broadcast or receiving dishes shall be
permitted only in rear yards provided that no part of
such dishes are located closer than 1.0 metre to any
rear lot line or interior side lot line nor closer than 4.5
metres from any exterior side lot line. Satellite signal
broadcast or receiving dishes shall be ground mounted
unless otherwise stated herein.
2.
Notwithstanding the foregoing, satellite signal broadcast
or receiving dishes may be erected on the roof of a
building in any Commercial Zone, Employment Zone,
General Institutional Zone or the St. Lawrence College
Educational Zone subject to applicable Building Code
requirements.
3.
The maximum height of any ground mounted satellite
signal broadcast or receiving dish which may be
erected on a lot abutting any Residential Zone shall be
5.5 metres measured from the ground to the highest
part of the dish.
4.
No satellite dish exceeding 0.6 metres in diameter shall
be permitted in a Residential Zone.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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PUBLIC USES
a)
Notwithstanding any other provisions of this By-law, the Corporation of
the City of Brockville, the United Counties of Leeds and Grenville,
Ontario Hydro, any local Board, any Commission, any
communications/telecommunications company, any transportation
system owned or operated by or for the City of Brockville, or any local
Board of the Corporation as defined by the Municipal Act, and any
Department or Ministry of the Federal or Provincial Government, may,
for the purpose of public service, use any land, or erect any building or
structure in any zone notwithstanding that such building or structure or
proposed use does not conform to the provisions of this By-law for
such zone, provided that when such use, building or structure is
located in any Residential Zone, it shall comply with the regulations for
the most restrictive use with regard to height and lot coverage
regulations prescribed for such zone. This provision shall not be
construed to apply to the administrative offices or other such buildings
operated by a utility provider.
b)
There shall be no outside storage of goods, material, or equipment
unless it is permitted in the zone in which the essential service or utility
has been located. Where permitted, outside storage shall be in
accordance with the provisions for the zone.
c)
The provisions of this By-law shall not be construed to limit or interfere
with the construction, installation, occupation and maintenance of
streets, roadways, water and gas pipelines, mains and conduits,
sewers and sewer mains, electrical transmission lines,
communications/telecommunications lines, pipelines or accessory
structures used to provide regular access and maintenance to any such
lines.
REDUCTION IN REGULATIONS DUE TO EXPROPRIATION
a)
Reduced Lot Area and/or Lot Frontage and/or Lot Depth of a
Vacant Lot
If the lot area and/or frontage and/or depth is reduced on a vacant lot
as a result of the action of the Corporation or of the Provincial or
Federal Government or a Crown Agency, such as an expropriation,
then a permitted use may be located on the vacant lot provided all
other regulations of the By-law are complied with.
b)
Reduced Regulations of a Lot with an Existing Permitted Use
Where, as a result of the action of the Corporation or of the Provincial
or Federal Government or Crown Agency, a lot with an existing
3.0 | GENERAL PROVISIONS
City of Brockville Comprehensive Zoning By-law No. 050-2014
3-45
permitted building, structure, or use becomes non-complying with one
or more regulations of this By-law, then the existing building, structure
or use may be repaired, renovated, altered or enlarged, provided that
the repair, renovation, alteration, or enlargement does not cause further
contravention to the regulations of this By-law. Furthermore, the non-
complying circumstance shall be considered to comply with this By-law.
SEASONAL USES
Where permitted by this By-law, a seasonal use shall be subject to the
following provisions:
a)
A seasonal use shall be prohibited on a vacant lot;
b)
A seasonal use shall not be located closer than 1.0 metre to any side
or rear lot line;
c)
A seasonal use shall not be located closer to a street line than 3.0
metres;
d)
A seasonal use shall not be located within a visibility triangle; and
e)
A seasonal use shall not exceed a cumulative period of one hundred
and twenty (120) days per calendar year.
f)
Seasonal use(s) shall not occupy more than 25% of the required
parking for the entire property.
SECOND SUITES AND GARDEN SUITES
Notwithstanding any other provisions of this By-law, where a second suite or
garden suite is permitted by this By-law, it shall be in accordance with the
following provisions:
a)
Only one (1) second suite or garden suite shall be permitted per lot.
b)
A second suite shall be permitted only in association with a single
detached dwelling or semi-detached dwelling and shall only be located
within the principal dwelling.
c)
A garden suite, defined as being located in a separate accessory
building, shall only be permitted by way of a temporary use by-law.
d)
A second suite shall occupy a maximum of 45.030.0 percent of the total
dwelling unit area of the principal dwelling unit..
e)
A second suite or garden suite shall not be permitted in a detached
private garage.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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f)
Notwithstanding the permitted uses in the Zone provisions, a second
suite or garden suite shall not be permitted on a lot with more than one
(1) dwelling unit, including a converted dwelling.
g)
Parking shall be in accordance with Subsection 3.34.
h)
Notwithstanding any other provision of this By-law, the maximum height
of any garden suite shall be 4.0 metres.
SETBACKS FROM RAILWAYS
a)
Notwithstanding any other provision of this By-law, no residential,
commercial, institutional or open space use, building or structure shall
be erected closer than 30.0 metres from any principal mainline railway
right-of-way or secondary main line railway right-of-way. In addition, an
earthen berm designed with a slope of 2.5 to 1 and minimum height of
2.5 metres shall be erected in conjunction with the use on the subject
property. The minimum height of the earthen berm shall be 2.0 metres
where the use abuts a secondary mainline railway right-of-way. Where
no berm is provided, the minimum setback shall be 120.0 metres.
b)
Notwithstanding any other provision of this By-law, no residential,
commercial, institutional or open space use, building or structure shall
be erected closer than 15.0 metres from any principal branch line
railway right-of-way. In addition, an earthen berm designed with a slope
of 2.5 to 1 and minimum height of 2.0 metres shall be erected in
conjunction with the use on the subject property.
c)
A chain link security fence with a minimum height of 1.83 metres shall
be designed and maintained by the property owner at the mutual
property line with any right-of-way of a principal mainline, secondary
main line or principal branch line railway.
SETBACK REQUIREMENTS ADJACENT TO HIGHWAY 401
a)
Notwithstanding any other provision of this By-law, no person shall
erect any building or structure within 14.0 metres of the boundary of the
Highway 401 corridor.
b)
No person shall erect any building or structure without a permit from
the Ontario Ministry of Transportation where such building or structure
is:
i)
located within 45.0 metres of the Highway 401 corridor;
ii)
located within 180.0 metres from the intersection of any road
with Highway 401; and/or
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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iii)
located within 395.0 metres of a Highway 401 interchange.
SETBACK REQUIREMENTS ADJACENT TO THE WATERFRONT
a)
Notwithstanding any setback requirements in this By-law, no person
shall erect any main building on a lot abutting the St. Lawrence River
waterfront without providing a minimum setback from the shoreline in
the rear yard, interior side yard and exterior side yard, as the case may
be, of 6.0 metres.
b)
Where a legally existing main building is located between 5.0 metres
and 6.0 metres of any shoreline, such structure shall be considered a
legally non-complying structure and be subject to the provisions of
Subsection 3.23.
SPECIAL SETBACKS ON CALIFORNIA AVENUE
Notwithstanding any other provision of this By-law, on any lot abutting
California Avenue, the minimum front yard and exterior side yard setbacks
shall be 12.0 metres and 9.0 metres respectively.
THROUGH LOTS AND CORNER LOTS
a)
Through Lots
Where a lot which is not a corner lot has frontage on more than one
street, the front yard requirements contained herein shall apply on each
street in accordance with the provisions of the zone or zones in which
such lot is located.
b)
Corner Lot
Where a lot which is a corner lot has frontage on more than two (2)
streets, the front yard requirements contained herein shall apply on
each street in accordance with the provisions of the zone or zones in
which such lot is located.
TRAILERS, RECREATIONAL VEHICLES AND BOAT PARKING
AND STORAGE
a)
Vacant Lot
No person shall in any zone use any vacant lot for the parking or
storage of any trailer, mobile home or boat or other recreational
vehicle, unless specifically permitted by this By-law.
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b)
Private Storage - Outside
No person shall, on a developed lot:
i)
store or park more than one (1) boat or trailer or other
recreational type vehicle without maintaining at least one (1)
legal parking space on the subject site;
ii)
store or park any boat or trailer or other recreational type
vehicle that exceeds 10.0 metres in length;
iii)
store or park a boat or trailer or other recreational type vehicle
at any time except:
1.
during any season of the year, within the rear or interior
side yard, on a properly surfaced parking area, or
2.
from May 15 to October 15 of any year, in a legal
parking area, provided the vehicle is a minimum of 5.0
metres from the curb face abutting the street or edge of
the paved surface of the street where no street curb
exists.
iv)
use a boat, trailer or recreational type vehicle for human
habitation unless specifically permitted by this By-law.
c)
Marinas, etc.
Notwithstanding the provisions of clause 3.47 b), where the principal
use of the land, building, structure or lot is that of retail or brokerage,
repair or reconditioning, seasonal storage for compensation, private or
public recreational uses, or uses commonly referred to as marinas,
yacht clubs or rowing clubs, multiple storage of boats shall be
permitted, subject to the following provisions:
i)
no boat or trailer or other recreational type vehicle shall obstruct
any public street, sidewalk, public walkway or water access.
ii)
No part of any boat or trailer storage or parking area, other than
a driveway or access lane, shall be located closer than 3.0
metres to any lot line, or the required building setback from the
street line, whichever is greater.
iii)
Planting strip(s) shall be provided for boat or trailer storage or
parking areas in accordance with Subsection 3.35.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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d)
Trailer Sales, etc.
Notwithstanding any other provisions of this By-law, where the principal
use of the land, building, structure or lot is that of retail or wholesale,
repair or reconditioning, seasonal storage for sales purposes as in
businesses referred to as recreational vehicles sales and service,
parking or storage of said vehicles shall be permitted in accordance
with the following:
i)
No trailer shall obstruct any public street, sidewalk or public
walkway.
ii)
No part of trailer storage or parking area, other than a driveway
or access lane, shall be located closer than 3.0 metres to any
lot line, or the required building setback from the street line,
whichever is lesser.
iii)
Planting strip(s) shall be provided for boat or trailer storage or
parking areas in accordance with Subsection 3.35.
e)
Trailers, Recreational Vehicles and Boat Storage as a Principal
Use
Notwithstanding clause 3.48 a), storage of trailers, boats, and other
recreational type vehicles may be permitted as a principal use of a lot
in specified zones subject to all other applicable provisions of this By-
law.
TRANSCANADA AND TRANS-NORTHERN PIPELINES
(APPENDIX 2)
Where the locations of the TransCanada and Trans-Northern Pipelines are
approximated on Appendix 2, the following provisions shall apply:
a)
No development or redevelopment shall take place on a lot abutting the
TransCanada or Trans-Northern Pipeline without written consent from
TransCanada or Trans-Northern, as the case may be, where written
consent is required in accordance with applicable Provincial and
Federal legislation.
b)
The delineations of the TransCanada and Trans-Northern Pipelines on
Appendix 2 are intended to be approximate. The precise alignment of
the pipelines and applicability of clause 3.49 a) may need to be
determined through consultation with TransCanada and Trans-
Northern or through a survey of the pipeline.
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VISIBILITY TRIANGLES
a)
Notwithstanding any other provision of this By-law, within any visibility
triangle as defined and required by this By-law, no person shall:
i)
erect any building, structure, opaque fence or use land within a
visibility triangle for the purpose of planting or growing of trees,
or the planting or growing of hedges or shrubs to a height
exceeding 1.0 metre measured from the grade at the centreline
of the street;
ii)
use land in any visibility triangle on a lot for the parking or
storage of a vehicle; and
iii)
for clarity, and without limiting the generality of the foregoing,
no person shall use a visibility triangle for any driveway,
access, stacking lane, parking area or outdoor storage use.
b)
Notwithstanding any other provision of this By-law, a visibility triangle
shall be required on a corner lot at any at-grade intersection of two (2)
or more streets or of a street and a rail line right-of-way that is
measured according to that set out in Table 3.50 below.
Table 3.50: Size of Visibility Triangles
Classification of
Street (1)
Classification of
Intersecting Street
Size of Visibility
Triangle
i)
Local Road
Local Road
6.0 m
Collector Road
6.0 m
Arterial Road
10.0 m
ii) Collector Road
Local Road
6.0 m
Collector Road
10.0 m
Arterial Road
10.0 m
iii) Arterial Road
Local Road
10.0 m
Collector Road
10.0 m
Arterial Road
10.0 m
iv) Railway
Any type of street
15.0 m
Note to Table 3.50:
(1)
The street classifications shall be as indicated in the City of
Brockville's Official Plan.
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c)
Notwithstanding clause 3.50 b) and Table 3.50, on any corner lot
located at the intersection of Water Street and Market Street East, St.
Andrew, Apple, Home, Kincaid and John Streets, a visibility triangle,
measured 3.0 metres along the appropriate lot line, shall be provided.
WATERLOTS
Except where otherwise shown on Schedule "A" to this By-law, all unfilled
waterlots are hereby deemed to be zoned as the Open Space (OS) Zone;
however, filled waterlots shall be deemed to have the same zoning as the
balance of the parcel. Waterlots shall not be included in the calculation of lot
area unless the waterlot has been filled in accordance with all applicable
Provincial, Federal and Municipal laws and regulations.
UNENCLOSED PORCHES, STEPS AND DECKS
a)
Structures
Notwithstanding the yard provisions of this By-law, clothes lines, flag
poles, garden trellises, fences, retaining walls, pergolas or lawful signs,
shall be permitted in any required yard, except where specifically
excluded in a corner lot visibility triangle or a planting strip in
accordance with the provisions of this By-law.
b)
Bay Windows
Notwithstanding the yard provisions of this By-law, no person shall
permit a bay window, excluding eaves and cornices, with a maximum
width of 3.0 metres and a maximum height not exceeding the required
height specified in this By-law, to project into a required front, rear or
exterior side yard further than a maximum distance of 1.0 metre.
c)
Awnings and Balconies
Notwithstanding any other provisions of this By-law, awnings which do
not exceed 4.0 metres in height and which are structurally attached to
the main wall of a building, and unenclosed balconies shall be
permitted to encroach up to a maximum of 1.5 metres within a required
front yard and/or exterior side yard.
d)
Building in Built-up Area (Residential Zones)
Notwithstanding any other provision of this By-law, in any Residential
Zone, a main building between existing main buildings or adjacent to
existing main buildings which are adjacent to the lot and which are
separated by no more than 20.0 metres, may be built with a front yard
setback equal to, or greater than, the average front yard setback of the
adjacent buildings.
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e)
Height Exceptions
Notwithstanding any height provisions contained in this By-law, nothing
in the By-law shall apply to prevent the erection or use of:
i)
a stair tower, elevator shaft, chimney stack or other heating,
cooling or ventilating equipment on the roof of the building,
provided:
1.
the maximum height at the top of such elevators or
elements is no higher than 6.0 metres above the roof of
the building;
2.
no structure shall enclose space so as to constitute a
part or all of a penthouse or other habitable space; and
3.
such elements are screened by an enclosure or
architectural feature not exceeding 6.0 metres above
the roof, and where applicable, shall not encroach into a
required angular plane.
ii)
a spire or feature ornamental to a place of worship, a belfry, a
flag pole, a clock tower, a chimney, a radio or television tower,
or an antenna or satellite dish; and
iii)
elements such as free standing chimney stacks, scrubbers, and
other similar equipment for the purpose of pollution abatement
in the case of an industrial building.
f)
Ornamental Structures
Notwithstanding the yard provision of this By-law, no person shall
permit a sill, belt course, chimney, cornice, eave, awning, gutter,
parapet, pilaster or other ornamental structure with or without a
foundation to project into any required yard further than a maximum
distance of 0.5 metres.
g)
Covered or Uncovered Porches, Steps and Decks
i)
Porches and stairs may project into any required front, rear or
exterior side yard, a distance of not more than 1.5 metres
provided said structure is not higher than 1.5 metres from
grade.
ii)
In an interior side yard, the setback requirements for the main
building shall apply with the exception of steps not higher than
0.5 metres above grade.
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iii)
Stairs that lead to areas below grade are permitted within any
side yard or rear yard but not within a required yard; however,
they may project a maximum of 1.5 metres into a required rear
yard.
iv)
Uncovered decks may project into any required front or exterior
side yard a distance of not more than 1.5 metres provided said
structure is not higher than 4.0 metres from grade.
v)
Uncovered decks may project a maximum of 3.75 metres into
the required rear yard, provided said structure is not higher than
1.5 metres from grade.
h)
Accessibility Ramps and Lifts
Notwithstanding the yard provisions of this By-law, lifts, hoists, ramps,
and railings used for barrier-free access shall be permitted in any
required yard, but not in a visibility triangle.
i)
Driveways, Parking and Walkways
Driveways, parking areas and walkways shall be permitted to traverse
required yards in accordance with the provisions of Subsection 3.34.
j)
Heat Pumps and Air Conditioners
i)
Heat pumps and air conditioners shall be permitted to encroach
into any interior side or rear yard, but not closer than 1.2 metres
to any lot line.
ii)
Heat pumps and air conditioners shall not be permitted in any
front yard.
iii)
Heat pumps and air conditioners shall be permitted in an
exterior side yard, but not closer than 3.0 metres to a street
line.
iv)
Heat pumps and air conditioners located 1.0 metre from any lot
line that legally existed on the date of passing of this By-law
shall be permitted in accordance with the provisions for legal
non-complying structures in Subsection 3.23.
YARD REQUIREMENTS WITH RESPECT TO CERTAIN
STREETS
Where any of the following streets have a right-of-way width of less
than 20.0 metres, then notwithstanding the yard requirements
established in this By-law for any zone, no building or structure shall be
erected closer than a distance equal to the sum of 10.0 metres, and the
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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required setback (front yard) in that zone from the original centre line of
the improved public street right-of-way:
i)
Centennial Road;
ii)
Centre Street;
iii)
King Street;
iv)
North Augusta Road;
v)
Oxford Avenue (between King Street and Reynolds Drive);
vi)
Ormond Street;
vii)
Parkedale Avenue;
viii)
William Street; and
ix)
Stewart Boulevard.
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