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1.0 | INTERPRETATION, ADMINISTRATION AND ENFORCEMENT
City of Brockville Comprehensive Zoning By-law No. 050-2014
1-1
1.0 INTERPRETATION,
ADMINISTRATION AND
ENFORCEMENT
CONTENTS
Title ....................................................................................................... 1-1
Components .......................................................................................... 1-1
Compliance with this By-law ................................................................. 1-2
Definitions ............................................................................................. 1-2
Interpretation ......................................................................................... 1-2
Interpretation of Schedules "A" and "B" ................................................ 1-3
Scope .................................................................................................... 1-4
Severability ........................................................................................... 1-5
Administration ....................................................................................... 1-5
Certificate of Occupancy ....................................................................... 1-5
Violations and Penalties ....................................................................... 1-5
Applications for Amendment to Zoning By-law ..................................... 1-6
Transition Provisions ............................................................................ 1-6
TITLE
This By-law may be cited as the Zoning By-law for the City of Brockville.
COMPONENTS
a)
This By-law is comprised of this text and Schedules "A" and "B"
inclusive.
b)
Appendices 1 and 2, attached to this By-law, do not form an operative
component of the By-law, but are provided for convenience only.
c)
The illustrations contained within this text do not form a component of
this By-law. The illustrations are provided for convenience only.
City of Brockville
City of Brockville Comprehensive Zoning By-law No. 050-2014
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COMPLIANCE WITH THIS BY-LAW
a)
No person shall use any land, building, or structure within the City of
Brockville and no person shall erect, enlarge, place or alter, in whole or
in part, any building or structure within the City of Brockville except in
conformity with the provisions of this By-law.
b)
Except by decision of the Committee of Adjustment, or as otherwise
provided in this By-law, no person shall change the purpose for which
any lot, building or structure is used, or erect any new building or sever
any lands from any existing lot if the effect of such action is to cause
the original, adjoining, remaining or new building or structure or lot to
be in contravention of the By-law, or increase any existing non-
conformity.
c)
The requirements of this By-law shall be met before a building permit is
issued for the erection, alteration or addition to any building or structure
or a change of use, in accordance with the Ontario Building Code.
d)
The requirements of this By-law are in addition to any other regulations,
permits, legislation or approvals. This shall include, but shall not be
limited to, site plan approval by the City of Brockville, approval of a plan
of subdivision or plan of condominium, approval of a permit from the
Ministry of Transportation, or a permit from the Cataraqui Region
Conservation Authority.
e)
No person shall be deemed to have contravened any provision of this
By-law by reason of the fact that any part or parts of any lot has or
have been conveyed to or acquired by any Public Authority.
DEFINITIONS
For the purpose of this By-law, the definitions and interpretations given within
the By-law shall govern.
INTERPRETATION
a)
For the purpose of this By-law, words used in the present tense include
the future tense; words in singular include the plural and words in the
plural include the singular.
b)
The words "must" or "shall" are mandatory.
c)
All linear measurements shall be measured on the horizontal plane,
unless the measurement refers to height or this By-law states
otherwise.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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d)
The short form "m" when used in combination with a number shall
mean "metres" and the short form "m2" shall mean square metres.
e)
The provisions of this By-law shall be held to be the minimum
requirements, except where the word "maximum" is used, in which
case the maximum requirement shall apply.
INTERPRETATION OF SCHEDULES "A" AND "B"
a)
Schedules "A" and "B" attached shall be read with and form part of this
By-law, and shall be interpreted in conjunction with the text.
b)
For the purposes of this By-law, lands within the City of Brockville have
been divided into zones, the boundaries of which are shown on
Schedule "A".
c)
The zone classifications are established in Section 4.0 of this By-law.
d)
The following applies with respect to the interpretation of the location of
the zone boundaries on Schedule "A":
i)
A boundary indicated as following a highway, street, lane,
railway right-of-way or watercourse shall be the centre of such
highway, street, lane, railway right-of-way or watercourse;
ii)
A boundary indicated as following the shoreline of the St.
Lawrence River shall be deemed to follow the shoreline, as it is
defined in Section 2.0 of this By-law;
iii)
A boundary indicated as following lot lines or the municipal
boundary of the Corporation of the City of Brockville shall follow
such lot lines or municipal boundary;
iv)
A boundary which appears to follow a lot line or street line, but
is not precisely overlain onto the lot line or street line, shall be
interpreted to follow the lot line or street line, provided that the
zone boundary is located within +/- 5.0 metres of the lot line or
street line, as interpreted from the map;
v)
Where two or more zones are clearly shown on a lot and
subclause 1.6 d) iv) does not apply, the zone boundary shall be
deemed to be a lot line for the purposes of calculating setbacks
and lot coverage, and each portion of the lot is required to
satisfy the provisions of this By-law within each applicable
zone; and
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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vi)
Where none of the above provisions apply, the zone
boundaries shall be scaled from the map and interpreted by the
Chief Planning Officer.
e)
The following applies with respect to the interpretation of Schedule "B"
- Special Lot and Building Requirements for the Downtown and Central
Waterfront Area:
i)
Schedule "B" shall apply to all lands shown within the boundary
indicated as the "Downtown and Central Waterfront Area."
ii)
Where the "minimum 2 storey building height at street edge" is
shown to apply to a lot, the provisions of Subsection 3.26 shall
apply to the entirety of the lot.
iii)
Where a maximum building height is shown to apply to the lot,
the maximum building height on the property shall be as shown,
subject to the angular plane provisions of Subsection 3.5.
iv)
Where a continuous street frontage and minimum ground floor
height are shown to apply to a lot line or a portion of a lot line,
the provisions of Subsection 3.12 and Subsection 3.27 shall
apply to that lot line or that portion of the lot line. Where the
continuous street frontage and minimum ground floor height are
shown to apply to a portion of a lot line on a lot, the applicability
shall be scaled from the map.
v)
"Where an intermittent street frontage and minimum ground
floor height are shown to apply to a lot line or a portion of a lot
line the provisions of Subsection 3.22 and Subsection 3.27
shall apply to that portion of the lot line. Where the intermittent
street frontage and minimum ground floor height are shown to
apply to a portion of a lot line on a lot, the applicability shall be
scaled from the map."
vi)
Where an intermittent street frontage only is shown to apply to
a lot line or a portion of a lot line, the provisions of Subsection
3.22 shall apply to that lot line or that portion of the lot line.
Where the intermittent street frontage is shown to apply to a
portion of a lot line on a lot, the applicability shall be scaled
from the map.
SCOPE
This By-law applies to all land within the boundaries of the Corporation of the
City of Brockville.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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SEVERABILITY
If any section, clause or provision of this By-law, including anything contained
on any of the schedules attached to and forming part of this By-law is for any
reason declared by a court of competent jurisdiction or the Ontario Municipal
Board to be invalid or not in effect, the same shall not affect the validity or
effect of the By-law as a whole or part thereof, other than the section, clause or
provision, including anything contained on the Schedules so declared to be
invalid. It is hereby declared that all the remaining sections, clauses or
provisions including anything contained on the Schedules of this By-law shall
remain in full force and effect until repealed or amended, notwithstanding that
one or more provisions shall have been declared to be invalid or not in effect.
ADMINISTRATION
This By-law shall be administered and enforced by the person or persons
appointed by By-law from time to time by the Corporation.
CERTIFICATE OF OCCUPANCY
No person shall change the use of any lot covered by this By-law, or of any
building or structure on any such lot or of any part of such lot, building or
structure without having applied for and received a Certificate of Occupancy
under the Planning Act, issued by the Corporation or its appointed agent.
Issuance of such Certificate of Occupancy by the Corporation will imply that the
proposed use is in compliance with this By-law. Applications for Certificate of
Occupancy shall be made on the prescribed forms and shall be known as
Certificate of Zoning Compliance.
VIOLATIONS AND PENALTIES
a)
Every person who uses any lot, or erects or uses any building,
structure or any part of any lot, building or structure in a manner
contrary to any requirement of this By-law, or who causes or permits
such use or erection, or who violates any provisions of this By-law or
causes or permits a violation of the By-law, shall be guilty of an offence
and upon conviction is liable,
i)
on a first conviction to a fine of not more than $25,000.00 nor
less than $1,000.00; and
ii)
on a subsequent conviction to a fine of not more than
$10,000.00 for each day or part thereof upon which the
contravention has continued after the day on which he/she was
first convicted.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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b)
When a corporation is convicted of a contravention of this By-law, the
maximum penalty that may be imposed is:
i)
on a first conviction to a fine or not more than $50,000.00 nor
less than $2,000.00; and
ii)
on a subsequent conviction to a fine of not more than
$25,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the
corporation was first convicted, and not as provided in clause
a).
iii)
In accordance with Section 431 of the Municipal Act, S.O. 2001,
c.25, the Provincial Offences Court (Criminal Division), or any
court of competent jurisdiction, may issue an order prohibiting
the continuation or repetition of the offence by the person
convicted and such order shall be in addition to any fine
imposed on the person convicted.
APPLICATIONS FOR AMENDMENT TO ZONING BY-LAW
Applications for amendments to this By-law shall be made on forms prescribed
from time to time and shall be accompanied by the appropriate fee.
TRANSITION PROVISIONS
a)
Except as specifically provided in Subsection 1.13, the provisions of
this By-law shall apply.
b)
Applications in Process
Nothing in this By-law shall prevent the erection or use of a building or
structure for which an application for a building permit, minor variance,
consent, site plan or plan of subdivision was made prior to the date of
the enactment of this By-law, provided that the application complies, or
is amended to comply, with the provisions of Zoning By-law 194-94 and
all amendments thereto.
c)
Approved Building Permits
Nothing in this By-law shall prevent the erection or use of a building or
structure for which an application for a Building Permit was approved a
building permit issued, provided the building or structure is erected in
accordance with the building permit granted.
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City of Brockville Comprehensive Zoning By-law No. 050-2014
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d)
Approved Minor Variances
All minor variances which have received final approval pursuant to the
Planning Act shall be modified to the extent necessary to give effect to
the minor variance as if they were minor variances to this By-law.
e)
Approved Consents
Where:
i)
A consent to sever which has received final approval pursuant
to the Planning Act and the consent results in the creation of a
new lot;
ii)
The land has been conveyed prior to the enactment of this By-
law, or, if the land has not been conveyed prior to the
enactment of this By-law, a certificate of compliance has been
issued under Section 53(42) of the Planning Act and the
consent has not lapsed; and
iii)
The new lot does not comply with the provisions of this By-law
with respect to minimum lot frontage or minimum lot area,
Nothing in this By-law shall prevent the construction of a building or
structure on the lot, provided that the lot complied with the minimum lot
frontage and minimum lot area and such building was permitted under
Zoning By-law 194-94.
f)
Site Plan, Subdivision and Condominium Agreements
Where a Site Plan, Subdivision and Condominium Agreement has
been entered into prior to the effective date of this By-law, and the
timeframes specified in the Agreement have not yet lapsed, the
provisions of this By-law, as they apply to such land, building or
structure, shall be deemed to be modified to the extent necessary to
give effect to such Site Plan, Subdivision or Condominium Agreement.
g)
Clauses 1.13 a) through f) inclusive are hereby repealed three (3)
years after the date of enactment of this By-law.
City of Brockville
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