Zoning By-law No. 2015-17 (consolidated to July 2021)

Bruce Mines, Ontario

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287 Three Bay Road PERTH ON K7H 3C7 Tel. (613) 464-8805 [email protected] Zoning By-law Town of Bruce Mines Zoning By-law # 2015-17 Consolidated with Amendments to July 19, 2021 Town of Bruce Mines Zoning By-law File P-2940 Page ii Table of Contents Explanatory Note ........................................................................................................................................ vii Minor Variances...................................................................................................................................... vii Zoning By-law Amendments ................................................................................................................. viii Section 1 ADMINISTRATION ............................................................................................................... 1 1.1 Title ............................................................................................................................................... 1 1.2 Application and Building Permits ................................................................................................. 1 1.3 Defined Area ................................................................................................................................. 2 1.4 Enforcement .................................................................................................................................. 2 1.5 Penalty........................................................................................................................................... 2 1.6 Validity ......................................................................................................................................... 2 1.7 Other By-laws, Licenses, Permits and Regulations ...................................................................... 2 1.8 Conflict ......................................................................................................................................... 2 1.9 Effective Date ............................................................................................................................... 2 1.10 Metric and Imperial Terms ........................................................................................................... 2 1.11 Level of Accuracy ......................................................................................................................... 2 1.12 Defined Terms .............................................................................................................................. 3 1.13 Diagrams and Figures ................................................................................................................... 3 1.14 Repeal of Existing By-laws........................................................................................................... 3 1.15 Reference to Legislation ............................................................................................................... 3 1.16 Technical Revisions to the Zoning By-law ................................................................................... 3 Section 2 CONFORMITY REQUIREMENTS ....................................................................................... 4 2.1 Compliance ................................................................................................................................... 4 2.2 Compliance of Severances ............................................................................................................ 4 2.3 Application to Building ................................................................................................................. 4 2.4 Minor Variances ............................................................................................................................ 4 Section 3 DEFINITIONS ......................................................................................................................... 5 3.1 General .......................................................................................................................................... 5 3.2 Definitions ..................................................................................................................................... 5 Section 4 GENERAL PROVISIONS .................................................................................................... 81 4.1 Accessory Buildings, Structures and Uses .................................................................................. 81 4.1.1 General ................................................................................................................................ 81 Town of Bruce Mines Zoning By-law File P-2940 Page iii 4.1.2 Accessory Residential Uses ................................................................................................ 82 4.1.3 Bed and Breakfast Establishments ...................................................................................... 83 4.1.4 Boat Houses ........................................................................................................................ 84 4.1.5 Docks .................................................................................................................................. 85 4.1.6 Fences in a Residential Zone .............................................................................................. 85 4.1.7 Fences in a Non-Residential Zone ...................................................................................... 86 4.1.8 Fences in a Rural Zone ........................................................................................................ 86 4.1.9 Garden Suites ...................................................................................................................... 86 4.1.10 Pumphouse .......................................................................................................................... 87 4.1.11 Swimming Pools ................................................................................................................. 87 4.1.12 Temporary Car Shelter ........................................................................................................ 88 4.2 Automotive Service Station, Gas Bar, Car Wash ....................................................................... 88 4.3 Buildings to be Moved ................................................................................................................ 89 4.4 Change of Use ............................................................................................................................. 89 4.5 Cumulative Standards ................................................................................................................. 89 ................................................................................................................................................................ 89 4.6 Established Building Line in Built-up Area ................................................................................ 90 4.7 Exception Zone ........................................................................................................................... 90 4.8 Flood Plain .................................................................................................................................. 90 4.8.1 Permitted Uses Within the Flood Plain ............................................................................... 91 4.8.2 Prohibited Uses ................................................................................................................... 91 4.8.3 Flood Plain Zoning Standards ............................................................................................. 91 4.9 Frontage on a Street .................................................................................................................... 92 4.9.1 Exceptions ........................................................................................................................... 92 4.9.2 Exception for Existing Agreements .................................................................................... 92 4.10 Group Homes .............................................................................................................................. 93 4.11 Home Based Businesses.............................................................................................................. 93 4.11.1 Scope of Permitted Home Based Businesses ...................................................................... 93 4.11.2 Zone Regulations for Home Based Businesses ................................................................... 94 4.12 Home Industries .......................................................................................................................... 95 4.12.1 Scope of Permitted Home Industries................................................................................... 95 4.12.2 Zone Regulations for Home Industries ............................................................................... 95 Town of Bruce Mines Zoning By-law File P-2940 Page iv 4.13 Illumination ................................................................................................................................. 96 4.14 Kennel ......................................................................................................................................... 97 4.15 Land Suitability For Use ............................................................................................................. 97 4.16 Licenses, Permits and Other By-laws ......................................................................................... 97 4.17 Loading/Delivery Space Regulations .......................................................................................... 97 4.18 Minimum Distance Separation and Special Setbacks ................................................................. 98 4.18.1 Waste Management Facility ................................................................................................ 98 4.18.2 Pits and Quarries ................................................................................................................. 98 4.18.3 Industrial Uses .................................................................................................................... 98 4.18.4 Minimum Distance Separation Formulae I and II ............................................................... 99 4.18.5 Water Bodies ..................................................................................................................... 100 4.18.6 Wetland ............................................................................................................................. 100 4.19 Non-Conforming Uses .............................................................................................................. 100 4.19.1 Continuance of Existing Uses ........................................................................................... 100 4.19.2 Prior Building Permits ...................................................................................................... 100 4.19.3 Road Widening ................................................................................................................. 100 4.19.4 Reconstruction of Existing Use ......................................................................................... 101 4.19.5 Addition to Existing Building or Structure ....................................................................... 101 4.19.6 Existing Undersized Lots .................................................................................................. 101 4.20 Occupancy Restrictions............................................................................................................. 101 4.21 Open Storage and Outdoor Display .......................................................................................... 102 4.22 Parking, Motor Vehicles, Bicycles and Drive-Through Facilities ............................................ 102 4.22.1 General .............................................................................................................................. 102 4.22.2 Barrier Free Parking .......................................................................................................... 104 4.22.3 Drive-through Facilities .................................................................................................... 104 4.22.4 Bicycle Storage ................................................................................................................. 104 4.22.5 Schedule for Parking Regulations ..................................................................................... 104 4.23 Parts of Buildings or Structures Permitted Above Height Level .............................................. 108 4.24 Permitted Projections ................................................................................................................ 109 4.25 Sight Triangle ............................................................................................................................ 110 4.26 Signs .......................................................................................................................................... 111 4.27 Storage Containers .................................................................................................................... 111 Town of Bruce Mines Zoning By-law File P-2940 Page v 4.28 Streets, Parks, Playgrounds and Community Gardens .............................................................. 111 4.29 Temporary Buildings or Structures During Construction ......................................................... 111 4.30 Use by Public Authority or Public Utility ................................................................................. 112 4.31 Water and Sewage Disposal Systems ....................................................................................... 112 Section 5 ZONES .................................................................................................................................. 113 5.1 Zone Classification ................................................................................................................... 113 5.2 Zones ......................................................................................................................................... 113 5.3 Use of Zone Symbols ................................................................................................................ 114 5.4 Holding Zone "h" Designation ................................................................................................. 114 5.5 Interpretation of Zone Boundaries ............................................................................................ 114 Section 6 RESIDENTIAL LOW DENSITY (R1) ZONE ..................................................................... 116 6.1 Permitted Uses .......................................................................................................................... 116 6.2 Zone Regulations ...................................................................................................................... 117 6.3 Additional Zone Regulations .................................................................................................... 117 6.4 Zone Exceptions ........................................................................................................................ 118 Section 7 MULTIPLE RESIDENTIAL (MR) ZONE .......................................................................... 119 7.1 Permitted Uses .......................................................................................................................... 119 7.2 Zone Regulations ...................................................................................................................... 120 7.3 Additional Regulations ............................................................................................................. 122 Section 8 GENERAL COMMERCIAL (GC) ZONE ........................................................................... 123 8.1 Permitted Uses .......................................................................................................................... 123 8.2 Zone Regulations ...................................................................................................................... 124 8.3 Additional Regulations ............................................................................................................. 125 Section 9 LOCAL COMMERCIAL (LC) ZONE ..................................................................................... 126 9.1 Permitted Uses .......................................................................................................................... 126 9.2 Zone Regulations ...................................................................................................................... 126 9.3 Additional Regulations ............................................................................................................. 127 Section 10 LIGHT INDUSTRIAL (GM) ZONE ................................................................................ 128 10.1 Permitted Uses .......................................................................................................................... 128 10.2 Zone Regulations ...................................................................................................................... 128 10.3 Zone Regulations ...................................................................................................................... 129 Section 11 MINERAL EXTRACTION (MX) ZONE ........................................................................ 130 Town of Bruce Mines Zoning By-law File P-2940 Page vi 11.1 Permitted Uses .......................................................................................................................... 130 11.2 Zone Regulations ...................................................................................................................... 130 11.3 Additional Regulations ............................................................................................................. 130 Section 12 WASTE DISPOSAL (MWD) ZONE ............................................................................... 132 12.1 Permitted Uses .......................................................................................................................... 132 12.2 Zone Regulations ...................................................................................................................... 132 12.3 Additional Regulations ............................................................................................................. 132 Section 13 RURAL (R) ZONE ........................................................................................................... 133 13.1 Permitted Uses .......................................................................................................................... 133 13.2 Zone Regulations ...................................................................................................................... 133 13.3 Additional Regulations ............................................................................................................. 134 Section 14 OPEN SPACE (OS), OPEN SPACE WETLAND AND SHORELINE ENVIROMENTAL PROTECTION ZONES ............................................................................................................................ 135 14.1 Permitted Uses .......................................................................................................................... 135 14.2 Zone Regulations ...................................................................................................................... 135 14.3 Additional Regulations ............................................................................................................. 135 Section 15 HERITAGE (H) ZONE .................................................................................................... 137 15.1 Permitted Uses .......................................................................................................................... 137 15.2 Zone Requirements ................................................................................................................... 137 Section 16 MINE HAZARD (MH) ZONE ......................................................................................... 138 16.1 Permitted Uses .......................................................................................................................... 138 16.2 Zone Regulations ...................................................................................................................... 138 Section 17 NATURAL HERITAGE FEATURES AND AREA (NHF) ZONE ....................................... 139 17.1 Permitted Uses .......................................................................................................................... 139 17.2 Zone Regulations ...................................................................................................................... 139 Zoning By-law Amendments .................................................................................................................... 140 By-law 2021-19 .................................................................................................................................... 141 Schedule .................................................................................................................................................... 145 Town of Bruce Mines Zoning By-law File P-2940 Page vii Explanatory Note The purpose of this By-law is to implement the Official Plan of the Town of Bruce Mines and to regulate the use of land and the character, location and use of buildings and structures in the Town of Bruce Mines. This By-law applies to all land within the Town of Bruce Mines. The By-law is passed by the authority of Section 34 of the Planning Act. The By-law conforms to the Official Plan for the Town of Bruce Mines. After the date of passing of this By-law, any new development, redevelopment or alteration to an existing use or building must comply with the regulations of this By-law before a building permit can be issued. Applicants are encouraged to pre-consult with the Town on how the zoning regulations apply. Changes to the zone regulations contained in this By-law may be made with prior approval from the Town as provided for under the Planning Act. Significant changes may require an amendment to the Zoning By-law. Minor variances to the By-law may be granted by the Town's Committee of Adjustment. Minor Variances Criteria for evaluating Minor Variances (section 45(1)) of the Planning Act): (1) The general intent and purpose of the Official Plan are maintained; (2) The general intent and purpose of the Zoning By-law are maintained; (3) The variance is minor; and (4) The proposed use of land, building or structure is desirable for appropriate development. An application for a minor variance must meet all of the above four tests to be approved. Where a proposed variance is not minor or cannot satisfy the criteria for a minor variance, an amendment to this Zoning By-law may be required. Applications are available from the Town office or on the website www.brucemines.ca How long does a minor variance application take to be approved? Upon the receipt of a complete application a minor variance application usually takes 1-2 months to complete. The level of complexity and issues related to the proposal will affect the time line. Town of Bruce Mines Zoning By-law File P-2940 Page viii Zoning By-law Amendments The Zoning By-law may be amended where the proposed amendment complies with the Town's Official Plan. In accordance with the requirements of Section 34 of the Planning Act, the usual procedure for amendments involves the following steps: (1) The person or public body wishing to amend the Zoning By-law must consult with the municipality before making an application. The application may then be made to the Clerk of the Corporation of the Town of Bruce Mines to amend the By-law under (subsection 34(10.0.1) of the Planning Act). Applications are available from the Town office (9126 Highway 17 East, BRUCE MINES) or on the website www.brucemines.ca (2) Designated staff will determine whether the application is a 'complete' application. Additional information, reports or studies may be required to support the proposed amendment before the application is considered complete. Applicants are required to submit a public consultation strategy as part of the application. Council has 30 days from the date of application to determine whether the application is complete (s. 34(10.1- 10.3)). A complete application also requires that the Township's application fee is paid. (3) Once the application is considered complete, staff circulates to the applicant and prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If Council deems an application incomplete or does not make a decision within 30 days from the date of application, the person or public body may appeal to the Local Planning Appeal Tribunal (LPAT) to determine whether the application is complete (s. 34(10.5). (4) If an application is considered complete, staff advertises that a Public Meeting will be held in order to consider an amendment to the Zoning By-law. Advertisement is given 20 days in advance of the public meeting (s. 34(12-13, 14.1)). The advertisement may be placed in the local newspaper, or may be mailed, faxed or emailed to all property owners within 120 m of the property affected by the application. Where the notice is mailed, the applicant must also post a notice in a location on the property to be zoned that is visible from the adjacent street. (5) Council holds a Public Meeting and evaluates the appropriateness of the proposed amendment. Council considers the proposal's conformity with the Official Plan, adequacy of services, conformity with the provisions of the requested zone, suitability of the proposed use in the proposed location, public input, etc. The application must also be consistent with the Provincial Policy Statement and must also comply with the Growth Plan for Northern Ontario. If the application is considered satisfactory, the amending By- law is passed by Council. (6) Within 15 days of the passing of the by-law, the Clerk will give written notice of the decision of Council through a notice by mail, fax or email to the applicant, to the Ministry of Municipal Affairs and Housing and to anyone who made a written request to receive notice of the decision (s. 34(10.9, 18)). (7) If Council refuses the application and does not amend the zoning by-law, the Clerk must give written notice with reasons to the applicant. The notice must be given within 15 Town of Bruce Mines Zoning By-law File P-2940 Page ix days of Council's decision. (8) Any person who gave their opinion at a public meeting or who submitted their concerns in writing to the Clerk before the by-law was passed may appeal the decision of Council to the Local Planning Appeal Tribunal. The appeal must be filed with the clerk within the 20-day appeal period set out in the notice of the passing of the Zoning By-law amendment (s. 34(19)) and must include a cheque for $300 payable to the Minister of Finance. If a person does not make an oral or written submission prior to council passing the by-law, they may not appeal Council's decision. (9) If Council refuses to approve the application or Council does not make a decision within 90 days from the date the application the person or public body may appeal to the Local Planning Appeal Tribunal (s. 34(11)). An appeal of a refusal must be made within 20 days of the date of the decision or within 20 days of the lapsing of the 90-day period (s. 34(11, 11.0.2)). (10) Where an appeal is made, Council may opt for mediation or dispute resolution to resolve the objection by giving notice to the appellant(s) (s. 34 (20.2). Participation by the appellant(s) is voluntary but where agreed to, the period for mediation is 75 days. (11) An amendment to the Zoning By-law takes effect on the day the by-law was passed by Council provided no appeal is filed. (12) If a decision or lack of a decision is appealed to the Local Planning Appeal Tribunal, the Tribunal can make any decision the Council of the Town of Bruce Mines had in regard to the specific application (s. 34(26)). In other words, the LPAT can approve, or refuse the application or approve the application in part. How long does a zoning By-law amendment take to be approved? Upon the receipt of a complete application (including any required supporting studies), a zoning By-law amendment usually takes 2-3 months to complete. The level of complexity and issues related to the proposal will affect the time line. Town of Bruce Mines Zoning By-law File P-2940 Page x How to Use this By-law Step 1 - Locate Your Property and Determine the Zone Use the zoning schedules (maps) at the end of this document to locate the property you are interested in. Identify the zone symbol that applies to that property. Zone examples include R1, RU, M1, C1. Step 2 - Determine What Uses are Permitted in the Zone Use the Permitted Uses section of your Zone to determine what use(s) is/are permitted in the Zone you have identified. Run your finger down the list to find the use you are interested in. If you find the use you are interested in, it is permitted in the Zone. Otherwise, it is not permitted in that Zone. Step 3 - Determine What Zone Regulations Apply Once the use is determined to be permitted, move down to the Zone Regulations section. In this section the regulations will indicate what the minimum regulations will be, i.e., minimum lot area, lot frontage, building setbacks etc. These standards will help you determine where you can locate a building or structure on your lot. Step 4 - Determine if any General Provisions Apply Development of the property may be affected by Section 4 (General Provisions). General Provisions can apply to any zone anywhere in the municipality. This section contains provisions that apply to such matters as Accessory Uses, Height Exceptions, Home Based Businesses, etc. Use this section to determine how a particular land use might be affected. Step 5 - Clarify the Meaning of a Use Throughout the By-law some words are shown in black italicized script. These words are defined in Section 3 (Definitions). If you are unsure as to what a particular word means or what the scope of a permitted use includes, then refer to the alphabetical list of definitions to assist you. This section also contains illustrations which are intended to help with understanding the definition. Town of Bruce Mines Zoning By-law File P-2940 Page 1 Section 1 ADMINISTRATION 1.1 Title This By-law shall be known as the Zoning By-law or By-law No. ______ of the Corporation of the Town of Bruce Mines and shall consist of the text and one or more schedules attached hereto. 1.2 Application and Building Permits In addition to the requirements of the Town of Bruce Mines Building By-law, every planning application or application for a building permit shall be accompanied information required to determine compliance with this By-law. The regulations of this By-law must be met before a building permit is issued by the Municipality for the erection of any building or structure. For example, a site plan drawn to scale should be prepared which illustrates - The true dimensions of the lot to be built upon; - The proposed location, height and dimensions of any proposed building or structure; - The setbacks of all existing and proposed buildings or structures from the nearest lot lines, the location and dimensions of parking spaces (conventional and barrier-free), parking aisles, parking areas and loading spaces; - The location of sewage disposal systems and/or wells on the property an on abutting properties; - Where the proposed building is to be used for residential purposes, the location of all livestock facilities within 0.5 km [0.31 mi] of the proposed dwelling. Explanatory Note Section 1 identifies the administrative controls and requirements of the By-law. It names the By-law, states its relationship with other By-laws, defines the area to which it applies, how it is to be enforced, etc. In essence, it identifies the legal parameters within which the By-law functions. Town of Bruce Mines Zoning By-law File P-2940 Page 2 1.3 Defined Area The provisions of this By-law shall apply to all lands within the municipal boundaries of the Corporation of the Town of Bruce Mines. 1.4 Enforcement This By-law shall be enforced by the Clerk or such other persons as may from time to time be designated by Council, and no permit for the use of land or for the erection or use of any building or structure or approval of application for any municipal license within the jurisdiction of the Council shall be issued or given where the proposed building, structure or use would be a violation of any provision of this By-law. 1.5 Penalty Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O., 1990, c. P.13, as amended. 1.6 Validity A decision of a Court stating that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this By-law. 1.7 Other By-laws, Licenses, Permits and Regulations Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law in the Town of Bruce Mines, or from applying for and obtaining any permit, license, permission, authority or approval required by this or any other By-law or regulation of the Corporation or by any requirement of the Province of Ontario or the Government of Canada. 1.8 Conflict In the event of a conflict between this By-law and amendments thereto, and any general or special By-law, the most restrictive By-law shall prevail. 1.9 Effective Date This By-law shall take effect from the date of its passage by Council, subject to the provisions of the Planning Act. 1.10 Metric and Imperial Terms The imperial measurements contained in this By-law are included for convenience and do not form part of the By-law. The metric measurements contained in this By-law are the only measurements to be used in determining compliance with the By-law. 1.11 Level of Accuracy All calculations of the regulations of this By-law shall be to one decimal place, and in no case shall there be a rounding to such decimal place. Town of Bruce Mines Zoning By-law File P-2940 Page 3 In the event of any conflict between the zone regulations of this By-law, the more restrictive regulation(s) shall apply. 1.12 Defined Terms All defined terms are shown in bold italicised script throughout this By-law. 1.13 Diagrams and Figures This By-law contains a number of diagrams and figures which are intended to assist with the interpretation of the By-law; however, they do not form part of this by-law. 1.14 Repeal of Existing By-laws Upon this By-law coming into effect, any zoning By-laws or amendments thereto passed under Section 34 of the Planning Act or a predecessor thereto are hereby repealed. The adoption of this By-law shall not prevent any current, pending or future prosecution or action to abate any existing violation of previous By-laws. 1.15 Reference to Legislation Where this Zoning By-law makes reference to legislation, then the references shall be deemed to mean the statute currently in force and any amendments thereto and all applicable regulations thereunder. 1.16 Technical Revisions to the Zoning By-law Revisions may be made to this by-law without the need for a zoning by-law amendment in the following cases: 1. Correction of grammar or typographical errors or revisions to format in a manner that does not change the intent of the By-law. 2. Adding or revising technical information on the zoning maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updated and correcting infrastructure information, keys, legends or title blocks. 3. Changes to appendices, headings indices, marginal notes, table of contents, illustrations, historical or reference information, page numbering, footers or headers, which do not form part of this By-law and are editorially inserted for convenience or reference only. Town of Bruce Mines Zoning By-law File P-2720 Page 4 Section 2 CONFORMITY REQUIREMENTS 2.1 Compliance No land, building or structure shall be used and no building or structure shall be erected or enlarged, altered or placed for any purpose within the area defined by this By-law, except as specifically, or by necessary implication, authorized by this By-law and in conformity with all the applicable provisions of this By-law. 2.2 Compliance of Severances Subject to the granting of such minor variances as may be approved, no lands shall be severed from any existing lot if the effect of an approval for severance is to cause the original, adjoining, remaining or new building, structure, lot or use of land to be in contravention of any provision of this By-law. 2.3 Application to Building Where a use does not take place within a building, but a regulation in this By-law imposes a requirement premised on the use being in a building, the requirement applies, with necessary modifications, as though the actual area occupied by the use was in a building. 2.4 Minor Variances All minor variances applied for prior to the enactment of this By-law and finally approved pursuant to Section 45 of the Planning Act, R.S.O., 1990, c. P.13, as amended, shall continue to apply and remain in force as if they are variance to this By-law. Explanatory Note This short section establishes the authority of the By-law. It requires that all land uses, buildings and structures must comply with this Zoning By-law. Town of Bruce Mines Zoning By-law File P-2940 Page 5 Section 3 DEFINITIONS 3.1 General Definitions of words and phrases used in this By-law that are not included in the list of definitions in Section 3 shall have the meanings that are commonly assigned to as defined in a dictionary. 3.2 Definitions Abattoir Means a building specifically designed to accommodate the penning and slaughtering of live animals and the preliminary processing of animal carcasses and may include the packing, treating, refrigeration and a retail sales outlet. Accessory When used to describe a use, building or structure, shall mean a use, building or structure naturally or normally incidental, subordinate and exclusively devoted to a principal use, building or structure and located on the same lot therewith [see Figure 3.1]. Accessory Dwelling - see dwelling, Accessory Accessory Apartment - see Dwelling - Accessory Apartment Accessory Dwelling Unit - see Dwelling, Accessory Dwelling Unit Explanatory Note For the purpose of this By-law, the definitions and interpretations given in this Section shall govern. In this By-law, the word "shall" is mandatory and not directory; words in the singular include the plural, words in the plural include the singular; the word "used" includes "arranged", "designed" or "intended to be used". The word "occupied" shall include "designed to be occupied" and "arranged to be occupied". Examples of accessory buildings or structures are a detached garage, a storage shed, a swimming pool or a satellite dish. Examples of accessory uses are a home based business, an apartment above a store, or a Retail Sales Outlet within a manufacturing plant. Town of Bruce Mines Zoning By-law File P-2940 Page 6 Adult Entertainment Parlour Means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations, and for the purposes of this definition, the following terms shall be interpreted as follows: 1. "To provide" when used in relation to services includes to furnish, perform, solicit, or give such services and "providing" and "provision" have corresponding meanings; 2. "Services" includes activities, facilities, performances, exhibitions, viewings and encounters, but does not include "goods" including books, clothing, magazines, pictures, slides and audio and/or video recordings; 3. "Services designed to appeal to erotic or sexual appetites or inclinations" includes: Figure 3.1: Main Building and Accessory Building Town of Bruce Mines Zoning By-law File P-2940 Page 7 a) Services of which a principal feature or characteristic is the nudity or partial nudity of any person; or b) Services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any other word or picture, symbol or representation having like meaning or implication is used in any advertisement. Adult Video Rental Outlet Shall mean an establishment where pre-recorded video tape, video discs, game cartridges, video cameras or video players/recorders are offered for rent or rented as a principle or accessory business activity and includes the sale of electronic home entertainment products, computer disks, software, CD-ROMs or other computerized systems designed or advertised as designed to appeal to erotic or sexual appetites or inclinations. Adventure Game Means an outdoor sport or recreation commercial establishment operated commercially in which participants engage in games mimicking combat-type roles and which may include the use of paint ball or similar equipment. Adverse Effects As defined in the Environmental Protection Act, means one or more of: 1. Impairment of the quality of the natural environment for any use that can be made of it; 2. Injury or damage to property or plant or animal life; 3. Harm or material discomfort to any person; 4. An adverse effect on the health of any person; 5. Impairment of the safety of any person; 6. Rendering any property or plant or animal life unfit for human use; 7. Loss of enjoyment of normal use of property; and 8. Interference with normal conduct of business. Aggregate Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include Town of Bruce Mines Zoning By-law File P-2940 Page 8 metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act or the Aggregate Resources Act. Agricultural Use Means the use of land, building(s) or structure(s) for: 1. The growing of crops, including but not limited to nursery and horticultural crops and all related activities such as soil preparation, manure or fertilizer spreading, planting, spraying, grain drying, irrigating, harvesting and also including the storage and sale of the crops produced on the lands. 2. Animal husbandry including the raising, boarding, and keeping of all forms of livestock, including poultry and fish, aquaculture, apiaries and all related activities such as breeding, training, feeding and grazing. 3. Agro-forestry, maple syrup production. 4. The production of animal products including but not limited to milk, eggs, wool, fur, or honey, and all related activities such as the collection, storage and sale of the products produced on the lands. 5. The use and storage of all forms of on-farm buildings and structures, equipment or machinery needed to accomplish the foregoing activities. 6. Agricultural use shall not be construed to include commercial activities related to agriculture such as abattoirs, tanneries and retail sales outlets, (except a farm produce outlet) or manufacturing and processing activities involving farm crops or animal products such as cheese factories, grain mills or retail seed sales. Agricultural Related Use Means the use of land, buildings or structures which are farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. Aisle Means the traveled way by which motor vehicles enter and depart parking spaces or loading/delivery spaces or a parking area. Town of Bruce Mines Zoning By-law File P-2940 Page 9 Alter When used in reference to a building, structure or part thereof, means: 1. To change any one or more of the internal or external dimensions of such building or structure; or 2. To change the type of construction of the exterior walls or roof of such building or structures; or 3. To change the use of such building or structure or the number or types of uses or dwelling units contained therein. When used in reference to a lot means: 1. To change the boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of the lot, or otherwise; or 2. To change any dimension or area, relating to such lot (e.g., width, depth or area of a lot or required yard, landscaped open space or parking area); or 3. To change the use of such lot or the number of uses located thereon. When used in reference to a shoreline means to change, straighten, divert or interfere in any way with the channel of any water body or the lands surrounding the high-water mark of a water body. Altered and alteration shall have corresponding meanings. Alternative energy system Means a system that uses sources of energy or energy conversion processes to produce power, heat and/or cooling that significantly reduces the amount of harmful emissions to the environment (air, earth and water) when compared to conventional energy systems. Ambulance Facility Means a building or part thereof where professional paramedics and personnel are stationed and their motor vehicles and equipment are kept or stored. Animal Day Care Establishment Means a commercial premise used for a day care service for domestic pets, but shall not include an animal shelter or kennel. Town of Bruce Mines Zoning By-law File P-2940 Page 10 Animal Shelter Means a building, structure where animals, birds or other livestock are examined or treated and which may be kept on a short-term basis, and may include the premises of a veterinarian or veterinary surgeon, but does not include a commercial kennel. Antique Store Means a building or part of a building or structure where antiques, arts and crafts are offered or kept for sale at retail, and may include a craft shop. Apartment Building - see Dwelling - Apartment Arcade or Video Arcade Means a place of amusement used for the maintenance and operation of four or more amusement devises for use by the general public. Archaeological Resources Means artifacts, archaeological sites, and marine archaeological sites as defined under the Ontario Heritage Act. Artisan Shop or Studio - see Studio Asphalt Plant Means an industrial facility used for the production of asphalt for immediate use in the paving of roads and driveways and the damp-proofing of buildings or structures. Assembly Hall - see Place of Assembly Attached Means a building or structure otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shared in common with an adjacent building or buildings. Attic Means that portion of a building immediately below the roof and wholly or partly within the roof framing. Auction Hall Means a building, a structure or parts thereof, or any lands or premises used for the storage of goods or materials which are to be sold on the premises by public auction and for the sale of the said goods and materials by public auction. An auction barn shall be included within this definition. Town of Bruce Mines Zoning By-law File P-2940 Page 11 Auditorium - see Place of Assembly Auto Body Shop Means a building or structure where painting, refinishing, restoration, alterations, or repairs are made to motor vehicles and where the services are performed for gain or profit, but does not include a wrecking or salvage yard or auto repair garage. Auto Repair Garage Means a building or structure for the storage, repair and servicing of motor vehicles or recreational vehicles performed for gain or profit. Automotive Sales Establishment Means land or buildings used for the display, storage and sales or leasing, or renting of new and/or used motor vehicles and recreational vehicles and related products, and may include accessory uses such as an Auto Repair Garage and/or Auto Body Shop, as defined, administrative offices and a customer lounge. Automotive Service Station Means a building and/or lot used for the sale of fuels or energy products, for motor vehicles or recreational vehicles and may include an auto repair garage, the renting, servicing, repairing, lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and related products, but shall not include any other automotive use defined in this By-law [see also Gas Bar]. Automobile Wrecking Yard - see Wrecking or Salvage Yard Town of Bruce Mines Zoning By-law File P-2940 Page 12 Bakery Means a factory for producing, mixing, compounding or baking bread, biscuits, ice cream cones, cakes, pies, buns, or any other bakery product of which flour or meal is the principal ingredient, but does not include a restaurant or other premises where any such product is made for consumption on the premises or a bake shop. Bake Shop Means a shop where products of a bakery are sold or offered for sale by retail, including incidental baking of products for retail sale on the premises only. Balcony Means an open platform projecting from the face of a building's wall, cantilevered or supported by columns or brackets and surrounded by a balustrade or railing. Bank Means a chartered bank, finance company office, co-op, trust company, loan company or similar establishment. Barrier Free Means that which can be approached, entered and use by persons with physical or sensory disabilities. Basement Means that portion of a building below the first floor which is partly underground. [See Figure 3.4] Batch Plant, Asphalt or Concrete Means an industrial facility used for the production of asphalt or concrete products, used in building or construction and includes but is not limited to facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process of finished products manufactured on the premises and the storage and maintenance of equipment. Bed and Breakfast Establishment Means a private single detached dwelling in which a maximum of three (3) guest rooms are provided for hire or pay as temporary accommodation on a daily basis with a breakfast service for the travelling or vacationing public as an accessory use and where the proprietor lives on the premises. Town of Bruce Mines Zoning By-law File P-2940 Page 13 Bicycle Parking Space Means a designated area for the exclusive parking of bicycles equipped with a rack or stand designed for the locking of a bicycle wheel or frame. Bingo Hall Means a building or part thereof used for bingo or a bingo event. Boarding House Means a dwelling other than a single-detached dwelling which contains three (3) or more rooming units wherein, for remuneration, lodgings, with or without meals, are provided to the public. Boat House Means a one-storey accessory building used for the storage of boats and boating equipment. Boat Launch Means a use of land adjacent to a water body that is used to launch and remove boats, marine vessels and watercraft. Boat Slip Means a single mooring space for a boat, marine vessel or watercraft forming part of a dock, boat house or other mooring facility. Brewery or Winery Means a building used primarily for the manufacturing, processing and distribution of beer, cider and wine and may include an accessory Retail Sales Outlet. Building Means any structure consisting of walls, roof and floors used or intended for sheltering any use or occupancy. The word "building" shall include the whole of such structure or part thereof. Town of Bruce Mines Zoning By-law File P-2940 Page 14 Building, Accessory - see Accessory Building Envelope Means the buildable area on a lot, defined by all of the required yards and setbacks and the maximum height provisions, within which a building can be erected [see Figure 3.2]. Building Height - see Height Building Inspector or Building Official - see Chief Building Official Building, Main Means a building in which is conducted the principle uses of the lot on which the building is located [see Figure 3.1]. Building Line Means a line within a lot drawn parallel or concentric to a lot line establishing the minimum distance between that lot line and any portion of a building or structure which may be erected. Building, Mixed Use Means a building containing more than one land use (e.g., retail commercial and residential, office and residential, industrial and retail) that are designed and constructed as a single building. Figure 3.2: Building Envelope Town of Bruce Mines Zoning By-law File P-2940 Page 15 Building Separation Means the least horizontal distance permitted between the nearest portions of the walls of any buildings on a lot. Building Supply Store or Depot Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing, electrical, heating, hardware, air conditioning, home improvement and similar goods are stored, displayed, or kept for retail or wholesale sale and may include a bulk storage yard. This definition shall not include a wrecking yard. Building, Temporary Means a building or structure intended for removal or demolition within a prescribed time period not exceeding two years or as set out in a building permit. Built Heritage Resources Means buildings, structures, monuments, installations or any manufactured remnant that contributes to a property's cultural heritage value or interest as identified by a community, including an Aboriginal community. Built heritage resources are generally located on property that has been designated under Parts IV or V of the Ontario Heritage Act, or included on local, provincial or federal registers. Bulk Fuel Depot Means lands, buildings and structures for the storage, distribution of fuels and oils but not including retail sales or key lock operations. Bulk Storage Yard Means land or a lot used for the storage in the open or partially sheltered, of goods and materials and without limiting the foregoing shall include lumber, building supplies, construction equipment, but shall not include a wrecking yard. Town of Bruce Mines Zoning By-law File P-2940 Page 16 Cannabis Means a cannabis plant, including the phytocannabinoids produced by or found in such a plant regardless of whether that part has been processed or not and any substance or mixture of substances that contains or has on it and part of such a plant and any substance that is identical to a phytocannabinoid produced by or found in such a plant regardless of how the substance was obtained. Cannabis Retail Store or Dispensary Means any use of land, building, structure or part thereof used for the retail sale of cannabis or any product or substance produced in whole or part from cannabis, and shall be deemed to include a licensed Ontario Cannabis Retailer under the Ontario Cannabis Retail Corporation Act, 2017. Campground Means an area of land, managed as a unit, providing short term accommodation or overnight camping for tents, tent trailers, recreational vehicles or truck campers. A campground may include accessory uses, buildings and structures such as an accessory dwelling, laundromat, convenience store, pavilion, recreation hall, beach, the sale of propane fuels or firewood or other goods or supplies and equipment rentals that are accessory to the operation of the campground. Camp Site Means a parcel of land within a campground that is maintained as a site for the location of a tent, tent trailer, recreational vehicle or truck camper, but not a mobile home. Canopy Means a roof-like structure projecting from the exterior face of a building or is a stand- alone structure over a pump island or gas bar. Car Port Means a structure open on at least two sides and intended to be used for the sheltering of one or more motor vehicles. A car port attached to the main building is not an accessory structure. [See Figure 3.3] Figure 3.3: Car Port Town of Bruce Mines Zoning By-law File P-2940 Page 17 Car Rental Agency Means the use of land, or building or structure where motor vehicles are kept for lease and where such motor vehicles may be dropped off or picked up. Car Wash Means a commercial building or portion thereof used for the washing or cleaning of motor vehicles. A car wash may be an accessory use. Catering Establishment Means a commercial establishment or a home based business in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises. Cellar Means the portion of the building below the first floor, which is partly or wholly underground and which has more than one-half of its height from floor to ceiling or to the underside of the floor joists below the finished grade [see also Basement and Figure 3.4] Cemetery Means a cemetery within the meaning and as regulated by the Funeral, Burial and Cremation Services Act, 2002 and includes a mausoleum, columbarium or other building or structure intended for the interment of human remains. Figure 3.4: Cellar and Basement Town of Bruce Mines Zoning By-law File P-2940 Page 18 Cemetery, Pet Means a use of land for the interment of animal remains. Chief Building Official Means an officer or employee of the Corporation charged with the duty of enforcing the provisions of the Building Code Act. Church - see Place of Worship Clinic Means a building or part thereof used solely for the purpose of consultations, diagnosis and treatment of patients, by two (2) or more qualified health practitioners and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, professionals (e.g. physicians, dentists, optometrists, chiropodists, chiropractors or drugless practitioners), and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, pharmacies or dispensaries directly associated with the clinic. Club, Private Means a building or part of a building used as a meeting place by an association of persons who are bona fide members, which owns hires or leases the building or part thereof, the use of such premises being restricted to members and their guests for social, cultural, recreational, business or athletic purposes. Commercial Greenhouse, Nursery or Garden Centre Means a building and/or outdoor area primarily used for the growing of flowers, sod, vegetables, shrubs or bushes, trees, landscaping or orchard stock and similar vegetation for wholesale or retail sale on or off the premises and may include the incidental sale of gardening supplies, gardening tools, pesticides, planting materials, fertilizers, lawn furnishings and equipment. Commercial Parking Lot Means a lot forming the principal use of the land which is used for the temporary parking of two or more motor vehicles for profit or gain. Commercial Vehicle Means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, police patrols, motor buses and tractors used for hauling purposes on the highway. Town of Bruce Mines Zoning By-law File P-2940 Page 19 Communications Facility Means an installation which transmits, receives and/or relays communications such as a microwave relay tower, significant antenna, telephone, cellular telephone tower, radio or television broadcast tower or similar facility. Community Centre - see Place of Assembly Community Garden Means a site operated by community members and/or a community organization where municipally owned lands are used for the growing of produce, flowers and native plants for non-profit use through individual or shared plots located on municipally owned lands. Community Recycling Facility Means a building or structure used for the collection, storage, redistribution and sale of reusable goods and materials to the general public and may also include a public education and/or an office facility. A recycling facility shall not include "on site" processing or manufacturing. Conservation Use Means the use of lands which are intended to remain open in character with the priority use given to preservation, protection or conservation of their ecological uniqueness, wildlife production and their natural features and may include non-commercial recreational uses. Construction Yard or Contractor's Yard Means the yard of a building contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and may include facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of building supplies or home improvement supplies. Continuum-of-Care Facility Means a building or a group of buildings which may include a senior citizens apartment building, a nursing home, a long-term care facility, home for the aged, a retirement home and facilities associated with, and designed specifically to serve the senior or disabled population such as clinics, recreation centers, cafeterias and personal service establishments, and may also include independent senior's accommodation in separate structures/living units that share in services such as meals. This definition does not include a group home, boarding house or chronic care facility. Town of Bruce Mines Zoning By-law File P-2940 Page 20 Convenience Store or Confectionary Store Means a retail store used primarily for the sale of grocery and other daily household necessities required to fulfil the day-to-day needs of the surrounding community and may include a video rental outlet. Convention Facility - see Place of Assembly Corporation Means the Corporation of the Town of Bruce Mines except where reference is made in this By-law to a private corporation, in which case the definition shall mean a body corporate with share capital to which the Business Corporations Act applies. Cottage Industry - see Home Based Business Council Means the Council of the Corporation of the Town of Bruce Mines. Coverage - see Lot Coverage Crisis Care Facility Means a residential facility that is licensed and funded by the Province of Ontario, Government of Canada or an appointed agency, for the short term, temporary care of persons requiring immediate emergency shelter and aid who are living under supervision in a single housekeeping unit and who by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their wellbeing. Cultural Heritage Landscape Means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Aboriginal community. The area may involve features such as structures, spaces, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Custom Computer Assembly and Service Outlet Means a sales, service & repair shop where computer hardware, components and parts may be assembled, repaired and serviced with accessory sales related to computer components and related programs but shall not include a retail store. Town of Bruce Mines Zoning By-law File P-2940 Page 21 Custom Workshop Means a building or structure or part of a building or structure used by a trade or craft for the individual custom production of articles. The sale of such products shall be permitted as an accessory use. Town of Bruce Mines Zoning By-law File P-2940 Page 22 Day Lighting Triangle - see Sight Triangle Day Care, Private Home Means the use of a dwelling unit for the temporary care of five or fewer children who are under ten years of age, in exchange for reward or compensation and where such care is provided in a private residence, other than the home of a parent or guardian of any such child, for a continuous period not exceeding twenty-four hours. Day Nursery Means an establishment for pre-school-aged children governed by the Child Care and Early Years Act. Deck Means a structure above the ground cantilevered from a dwelling or building or supported by the ground with no roof or walls except for visual partitions and which is used as an outdoor living area. Detached When used in reference to a building or structure, means a building or structure which is not structurally dependent on, nor adjoins on any side, any other building. Development Means the creation of a new lot, a change of land use, or the construction of buildings and structures requiring approval under the Planning Act and shall be taken to include redevelopment, but does not include activities that create or maintain infrastructure authorized under an environmental assessment process, works subject to the Drainage Act, or underground or surface mining of minerals or advanced exploration on mining lands. Dish Antenna - see Satellite Dish/Receiver Dock Means an accessory structure used for the mooring of boats, marine vessels or watercraft which is designed to float freely on the surface of the water and which may be secured or anchored to the shoreline. Dormitory Means a building designed or used to provide temporary lodging accommodation of miners, mining staff, contracted staff, mill employees or students and may include such facilities as an administrative office, cafeteria, recreational hall and living units, and where each living unit may contain washroom and kitchen facilities. Town of Bruce Mines Zoning By-law File P-2940 Page 23 Drive-Through Facility Means a premise used to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining in motor vehicles that are in a designated queuing space, and may be in combination with other land uses. Kiosks within a parking structure necessary for the operation of the parking facility or kiosks associated with a surface parking area are not considered drive through facilities. Driveway Means an unobstructed passageway used to provide access to a lot from a street or lane. Driving Range Means a public or private area operated for the purpose of developing golfing techniques, including miniature golf courses, but excluding a golf course. Dry Cleaning or Laundry Outlet means a premise used for the purpose of receiving articles or goods of fabric to be subjected to the process of laundering or dry cleaning at another location and may include facilities for the pressing or ironing of such articles. Dry Cleaning or Laundry Plant means premises in which the business of laundry or dry cleaning is housed and where the cleaning, drying, ironing and finishing of such goods are conducted. Dwelling Means a building or part of a building occupied or capable of being occupied as the home or residence, or sleeping place, by one or more persons, where food preparation and sanitary facilities are provided, but shall not include a hotel or motel. Dwelling - Accessory Means a fully-detached dwelling which is accessory to a permitted non-residential use. Dwelling - Additional Residential Unit Means an additional dwelling unit within a permitted single-detached dwelling, semi- detached dwelling, or row or townhouse dwelling that does not otherwise contain an ancillary residential unit, and includes a dwelling unit in a detached building or structure ancillary to a single-detached dwelling, semi-detached dwelling or row or townhouse dwelling. [See Figures 3.6]. Town of Bruce Mines Zoning By-law File P-2940 Page 24 Dwelling - Apartment Means a building containing three (3) or more dwelling units but shall not include a row or townhouse dwelling [see Figure 3.5]. Dwelling - Accessory Apartment Means a self-contained dwelling unit which is accessory to a permitted non-residential building other than an auto service station or a repair garage. Dwelling - Converted Means an existing single detached dwelling which has or may be altered or converted to contain two (2) or more dwelling units but not more than four (4). Dwelling - Duplex Means a building that is divided horizontally into two (2) dwelling units, each of which has an independent entrance [see Figure 3.5]. Dwelling - Group or Group Housing or Group Housing Project Means a combination of dwelling types (e.g., semi-detached, triplex, row housing, apartments) where there are two or more such dwellings located on the same lot, which lot is retained under one ownership or registered and in compliance with the Condominium Act. Dwelling - Mobile Home Means any dwelling that is designed to be made mobile, and constructed or manufactured in accordance with standards set out in the Building Code and designed to provide a permanent residence for one or more persons, but does not include a recreational vehicle. Dwelling, Modular Means any dwelling that is designed and built in more than one unit and is designed to be made mobile on a temporary basis, and constructed or manufactured off-site to provide a permanent residence for one or more persons, and includes a mobile home, but does not include a recreational vehicle. (Note: a prefabricated or manufactured home shall have the same meaning. Such dwelling types are distinguished from mobile homes which are built on a chassis and transported on their own wheels.) Dwelling - Multiple Unit Means a separate building designed exclusively to contain three (3) or more dwelling units. Town of Bruce Mines Zoning By-law File P-2940 Page 25 Dwelling - Row or Townhouse Means a building that is divided vertically into three (3) or more dwelling units, each of which has an independent entrance at grade. [See Figure 3.5] Dwelling - Seasonal Means a dwelling constructed as a secondary place of residence and is not the principal place of residence of the owner or occupier thereof (e.g., cottage). Dwelling - Semi-detached Means a building on a single foundation divided vertically into two (2) separate dwelling units by a common wall [see Figure 3.5]. Dwelling - Single-detached Means a detached building containing one (1) dwelling unit [see Figure 3.5]. Figure 3.6: Additional Residential Unit Additional Unit Additional unit incorporated through an addition above an attached garage Side yard addition to accommodate additional unit Additional Unit Accessory Structure Orange shading identifies location of example of an additional residential unit Town of Bruce Mines Zoning By-law File P-2940 Page 26 Dwelling - Tiny House or Small House Means a dwelling having a gross floor area of not less than 27.8 m2 [300 ft.2] and not more than 41.8 m2 [450 ft.2] (see photo). Dwelling - Triplex Means a building on a single foundation divided into three (3) separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule [see Figure 3.5]. Dwelling - Two-Unit Means a dwelling containing two (2) dwelling units and for the purpose of this By-law a two-unit dwelling may include a semi-detached dwelling, a duplex dwelling, but shall not include a converted dwelling. Dwelling - Seasonal Means a dwelling constructed as a secondary place of residence and not the principal place of residence of the owner or occupier thereof. Dwelling Unit Means one or more habitable rooms or suites of two or more rooms, designed or intended for use by and occupied by one or more individuals as a household in which separate culinary and sanitary facilities are provided for the exclusive use of such household, and with a private entrance from outside the building or from a common hallway or stairway inside the building. Dwelling Unit Area Means the gross floor area of a dwelling unit measured within the interior faces of the exterior walls of the dwelling unit. The unfinished ground floor area in the basement shall not be included in the calculations of the dwelling unit area. Town of Bruce Mines Zoning By-law File P-2940 Page 27 Figure 3.5: Dwelling Types Town of Bruce Mines Zoning By-law File P-2940 Page 28 Easement Means the legal right acquired by contract to pass over, along, upon or under the lands of another. Eave Means a roof overhang, free of enclosing walls, without supporting columns. Entrance Means in reference to a lot, the area of intersection between a driveway and a street line. Equestrian Establishment Means the use of land, buildings and structures for operation of a horse-riding academy or horse-riding stables. Equipment Rental Establishment Means a building or part of a building wherein the primary use is the rental of machinery, equipment, furniture and fixtures and other goods. Equipment Sales, Service and Repair Establishment Means a building or part of a building and land where machinery or equipment for use in construction undertakings, commercial vehicles, and other similar goods are kept for sale at retail or wholesale and which may be serviced washed or repaired and may include an auto body shop. (Examples include farm equipment, back hoes, floats or trailers.) Equipment and Vehicle Storage Yard Means an uncovered area of land which is used for the storage of machinery and equipment for construction undertakings, commercial vehicles, and other similar goods requiring large areas for outside storage. Limited repair of such machinery, equipment, vehicles and goods may be permitted in a building provided such repair is clearly incidental and secondary to the storage use. Erect Means to build, construct, reconstruct, renovate, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. Town of Bruce Mines Zoning By-law File P-2940 Page 29 Established Building Line Means the average setback from the street line of existing buildings measured not more than 100 m [328 ft.] on one side of one block where more than one-half of the frontage of the same side of a block has been built upon [see Figure 3.7]. Established Grade Means: 1. When used with reference to a building, the average elevation of the finished level of the ground adjoining a wall of the building, measured along the length of the wall, exclusive of any artificial embankments, planters, berms or steps; 2. When used with reference to a structure, the average elevation of the finished surface of the ground immediately surrounding such structure; 3. When used with reference to a street, road or highway, the elevation of the street, road or highway established by a public authority [see Figure 3.8]. Figure 3.7: Established Building Line Town of Bruce Mines Zoning By-law File P-2940 Page 30 Existing Means existing as of the date of the passing of this By-law. Exterior Side Lot Line - see Lot Line, Exterior Side Exterior Side Yard - see Yard, Exterior Side Figure 3.8: Established Grade Town of Bruce Mines Zoning By-law File P-2940 Page 31 Factory Outlet Means a premise accessory to a permitted industrial use where products or goods that are manufactured or produced on site by that industry are kept for wholesale or retail sale on the same lot as the principle industrial use. Fairground Means land, buildings and structures used for entertainment, agricultural and related exhibits, competitive events, food concessions, a carnival or midway which are conducted on a seasonal or temporary basis and may include grandstands, barns and other accessory buildings and structures normally associated with such a use. Farm Means land used for the tillage of soil and the growing of vegetables, fruits, grains, and other staple crops. This definition shall also apply to land used for animal husbandry, dairying or wood lots [see also Agricultural Use]. Farm, Hobby Means land on which a farm may be operated primarily for recreational purposes or for home consumption by the occupants of the dwelling on the same lot, and which is clearly secondary and accessory to the permitted use. A hobby farm may also include a farm produce outlet. Farm Produce Outlet Means an accessory use to a farm which consists of the retail sale of agricultural products produced on the farm where such outlet is located. Farmer's Market Means land, buildings and structures used for the sale of farm products, crafts and other merchandise of a local farming or rural community and designed for individual retailers. Fence Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other similar materials or combinations of such materials which is erected for the purpose of screening, safeguarding, retaining or enclosing property or delineating property lines. For the purpose of this By-law, a fence is not a structure. First Storey Means the storey with its floor closest to but above grade. Town of Bruce Mines Zoning By-law File P-2940 Page 32 Fitness Centre Means a commercial building or part of a building in which facilities are provided for recreational or health related activities including but not limited to weight training and exercise classes and may include associated facilities and services such as a lounge, washrooms, showers, and saunas, a day spa, an administrative office, a cafeteria and an accessory Retail Sales Outlet for fitness-related attire, equipment and dietary supplements. Flea Market Means: 1. A building or part of a building where second-hand goods, articles and antiques are offered or kept for sale at retail to the general public but shall not include any other retail establishment otherwise defined in this By-law; 2. An occasional or periodic market or sales event held in an open area, which may include a street, or within a building or structure where independent sellers offer goods, new and used, for sale to the public, but not including private garage sales; 3. A building or open area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either home grown, homemade, handcrafted, old, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade; 4. A building or open area where food preserves or fresh produce or prepared foods are sold, but does not include a restaurant. Flood Elevation Means a line established by a one in one-hundred-year storm as established by flood plain mapping or by an appropriate public authority. Flooding Hazards Means the inundation of areas adjacent to a shoreline or river or stream system and not ordinarily covered by water along river and stream systems, the flooding hazard is the greater of the flood resulting from the rainfall experienced during a major storm such as the Timmins Storm (1961), transposed over a specific watershed and combined with the local conditions, where evidence suggests that the storm event could have potentially occurred over watersheds in the general area; or the one hundred year flood; or a flood which is the greater of the above which was actually experienced in a particular Town of Bruce Mines Zoning By-law File P-2940 Page 33 watershed or portion thereof as a result of ice jams and which has been approved as a standard for that specific area by the Ministry of Natural Resources and Forestry. Flood Plain For river stream and small inland lake systems, means the area, usually low lands adjoining a watercourse, which has been or may be subject to flooding hazards. Floor Area, Gross Means the total area of all floors contained within a building measured between the exterior faces of the exterior walls of the building and where there are no walls the total area of a floor within the outer perimeter of the floor [see Figure 3.9]. Floor Area, Ground Means the floor area of the lowest storey of a building approximately at or above the established grade excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls at the floor level of such storey, but excludes car parking areas within the building; and for the purposes of this paragraph the walls of an inner court are and shall be deemed to be exterior walls. Figure 3.9: Gross Floor Area Town of Bruce Mines Zoning By-law File P-2940 Page 34 Floor Area, Net Means usable or habitable space above or below grade, measured from the exterior face of the exterior walls of the building or structure but shall not include: 1. Any private garage, porch, veranda, unfinished basement, cellar or attic; or 2. Any part of a building or structure below grade which is used for building services, storage or laundry facilities; or 3. Any part of the building or structure used for the storage or parking of motor vehicles; or 4. Any part of a commercial shopping area used as a hall way, corridor passageway, utility room, public washroom, balcony or mezzanine not otherwise used for the display or sale are for merchandise. Forestry Use Means the general raising, management and harvesting of wood and shall include the raising and cutting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry products and silva culture practices. Front Lot Line - see Lot Line, Front Front Yard - see Yard, Front Frontage - see Lot Frontage Funeral Home Means a building or part thereof used for the purpose of furnishing funeral services to the public, but shall not include a crematorium. Town of Bruce Mines Zoning By-law File P-2940 Page 35 Garage - Private Means a fully enclosed accessory building which is designed or used for parking or storage in which there are no facilities for repairing or servicing of a motor vehicle for remuneration or commercial use. Garden Suite Means a one-unit detached residential building containing sanitary and kitchen facilities that is accessory to an existing permanent residential building and that is designed to be portable, but shall not include a mobile home, or a recreational vehicle. Gas Bar Means one or more pump islands, each consisting of one or more gasoline pumps, and a building, structure or booth which may be used by a sales attendant for the sale of gasoline products and convenience items including but not limited to beverages, prepared foods, newspapers, lottery tickets sundries and may include other accessory features such as a comfort station and ATM. [see also Automotive Service Station] Gazebo Means a freestanding, roofed accessory structure which is not enclosed, except for transparent screening (e.g., glass, netting) and which is utilized for the purposes of relaxation in conjunction with a principle use but shall not include any other use or activity otherwise defined or classified herein [see Figure 3.10]. Figure 3.10: Gazebo Town of Bruce Mines Zoning By-law File P-2940 Page 36 Geothermal Power Facility Means a heating facility such as a heat pump whose energy source is naturally created from the earth's crust. Golf Course Means a public or private area operated for the principle use of playing the sport of golf but may also include a driving range and such accessory buildings and structures as are necessary for the operation and maintenance of the golf course including club house facilities, a restaurant, banquet, conference and other uses of a social, recreational and entertainment nature normally associated with golf course development. Green Energy Industries Means a building or structure in which products are manufactured for the generation of electricity from non-polluting or renewable source (i.e., wind, sun, geothermal, biomass). Products manufactured by a renewable energy industry may include but are not limited to solar panels, wind turbines, geothermal equipment, and parts or components thereof. Green Roof Means a roof of a building where part of or the entire surface of the roof is intentionally covered with vegetative material. Greenhouse Means a building used for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse. Granny Flat - see Garden Suite Group Home Means a single housekeeping unit in a residential dwelling, which is registered with the Corporation, in which three (3) to ten (10) persons (excluding supervisory or operating staff) live together under responsible supervision consistent with the requirements of its residents for a group living arrangement and which is licensed and/or approved under Provincial Statutes and in compliance with municipal By-laws [see also Crisis Care Facility]. Town of Bruce Mines Zoning By-law File P-2940 Page 37 Guest Cabin Means an accessory building, located on the same lot as the main building, which is used for sleeping accommodation but does not contain any cooking facilities and may contain sanitary facilities. Guest Room Means a bedroom or suite of rooms, which contains no facilities for cooking and which is used or maintained for gain or hire by providing accommodation. Guest House Means a private single detached dwelling in which the dwelling or part thereof is rented for gain or hire as living quarters. Town of Bruce Mines Zoning By-law File P-2940 Page 38 Habitable Room Means any floor space within a building or structure designed and intended to be used for living, sleeping, cooking or eating purposes as defined under the Building Code Act, S.O. 1992, Chapter 23, as amended. Hazardous Lands Means property or lands that could be unsafe for development due to naturally occurring process including lands in a flood plain or subject to a flooding hazard or erosion hazard, and shall include unstable soils, and unstable bedrock Hazardous Substances Means substances which individually, or in combination with other substances are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide variety of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. Height Means the vertical distance between the established grade and: 1. In the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the highest [see Figure 3.11], or 2. In the case of all other types of roofs, the mean height level between the base of the roof and highest point of the roof [see Figure 3.12]. Where the height is designated in terms of storeys, it shall mean the designated number of storeys above and including the first storey. Town of Bruce Mines Zoning By-law File P-2940 Page 39 Figure 3.11: Building Height with Flat Roof Figure 3.12: Building Height - All Other Roofs Town of Bruce Mines Zoning By-law File P-2940 Page 40 Heliport Means a landing area or pad used for the landing and take-off of helicopters and may include incidental emergency service facilities, fueling facilities and passenger and cargo areas. Herein Means in this By-law, and shall not be limited to any particular section of this By-law. High Water Mark Means the mark made by the action of water under natural conditions on the shore or bank of a body of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. Features shall also include a natural line or mark impressed upon the bank or shore or rock or other distinctive physical characteristics. Highway Means a street under the jurisdiction of the Provincial government. Hobby Farm - see Farm, Hobby Home for the Aged - see Continuum-of-Care Facility Home Based Business Means a privately operated legal occupation, enterprise or business which is carried out as an accessory use to a dwelling unit for pursuits conducted by the occupant thereof and any employees and is compatible with a domestic household. Home Industry Means any privately operated legal occupation, enterprise or business which is carried out as an accessory use to the main agricultural or rural residential use of a property and only by the occupant thereof and any employees and is compatible with a domestic household. Hospital Means a regulated institution under any of the Public Hospitals Act, R.S.O. 1990, c. P.40, the Private Hospitals Act, R.S.O. 1990, c.P.24, the Mental Health Foundation Act, R.S.O. 1990, c.D.26 and the Community Psychiatric Hospitals Act, R.S.O. 1990, c.P.21, as respectively amended, established to deliver health care services. Town of Bruce Mines Zoning By-law File P-2940 Page 41 Hotel Means a building designed or used for the accommodation of the travelling or vacationing public, with or without accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an intermittent basis, premises licensed under the Liquor License Act and includes any establishment containing guest rooms which is defined as a "Hotel" in the Hotel Registration of Guests Act, R.S.O. 1990, c.H.17 and shall also include a motel and hostel, but shall not include any residential use or boarding house use. Town of Bruce Mines Zoning By-law File P-2940 Page 42 Industrial Use Means the use of land, building or structures for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storage or adapting for sale of any goods, substances, article or thing, or any part thereof and the storage of building and construction equipment and materials as distinguished from the buying and selling of commodities and the supplying of personal services. This definition does not include a mine, pit or quarry or obnoxious industry. Accessory uses may include transportation, wholesaling, storage, shipping and receiving incidental to the industrial use. 1. Class I Industry - Light Industrial Means a place of business for a small scale, self-contained plant or building which produces, manufactures, assembles or stores a product which is contained in a package and has a low probability of fugitive emissions e.g., noise, odour, dust and vibration. Such industries operate in the daytime only with infrequent movement of products and /or heavy trucks and no outside storage. 'Light Industrial Uses' or 'Class I Industry' is a classification and other uses defined in this By-law may be classified as such. 2. Class II Industry - Medium Industrial Means a place of business for medium scale process and manufacturing with outdoor storage of wastes or materials (e.g., it has an open process) and where there are periodic or occasional outputs of fugitive emissions e.g., noise, odour, dust and/or vibration. Shift operations occur and there is frequent movement of products and /or heavy trucks during daytime hours. 'Medium Industrial Uses' or 'Class II Industry' is a classification and other uses defined in this By-law may be classified as such. 3. Class III - Heavy Industrial Uses Means a place of business for uses characterized as having emissions such as noise, smoke, odour, fumes or vibrations or extensive outside storage as part of their normal operations. Such uses include sawmills, pulp and paper mills, refineries, smelting operations and similar uses which are intended to be secluded from residential or other sensitive land uses in order to limit any potential adverse effects on the environment or the surrounding areas and public health. 'Heavy Industrial Uses' or 'Class III Industry' is a classification and other uses defined in this By-law may be classified as such. Institutional Use Means any land, building, structure or part thereof used to provide non-profit or non- commercial purposes for governmental, educational, charitable, fraternal or other public services. Town of Bruce Mines Zoning By-law File P-2940 Page 43 Junk Yard - see Wrecking Yard Town of Bruce Mines Zoning By-law File P-2940 Page 44 Kennel Means a commercially operated building or structure where dogs, cats or other small domestic animals are kept, trained, bred or boarded, but this does not include an animal shelter. [See also Animal Shelter] Town of Bruce Mines Zoning By-law File P-2940 Page 45 Landfill Site - see Waste Management Facility Lane Means a public thoroughfare other than a street or pedestrian way, improved or not, which has an easement width of 10 m or less and which provides a secondary means of for vehicular traffic to abutting lots and which is not intended for general traffic circulation. Laundromat Means a self-serve clothes washing establishment containing one or more clothes washers and drying, ironing, finishing or other incidental equipment, and may include a laundry receiving depot. Licensed Cannabis Production Facility Means the use of land, buildings or structures for the cultivation, processing, testing, destructions, packaging and shipping of marijuana used for medical purposes as approved and regulated by Health Canada. Livestock Means animals associated with an agricultural use such as but not limited to cattle, horses, goats, poultry, sheep, swine or the young thereof, raised for personal use or for commercial purposes. Livestock Facility Means one or more barns or permanent structures with livestock-occupied portions, intended for the keeping or housing of livestock and includes all manure or material storages. (Minimum Distance Separation Formulae Implementation Guidelines) Livestock Sales Outlet Means a building or structure where livestock are bought and sold. Loading/Delivery Space Means an unobstructed area of land which is used for the temporary parking of one or more commercial vehicles while merchandise or materials are being loaded or unloaded from such commercial vehicle. Logging Operation Means an area of land and/or building of a logging contractor where equipment and materials are stored and may include repairs to logging equipment. Town of Bruce Mines Zoning By-law File P-2940 Page 46 Loft-Above-a-Garage Means the portion of a private garage located above the motor vehicle storage area which is used for sleeping accommodation and may include sanitary facilities but not cooking facilities. Lot Means a parcel of land which is capable of being legally conveyed in accordance with the Planning Act. Lot Area Means the total horizontal area measured within the limits of the lot lines of the lot excluding the horizontal area of any flood plain or wetland area located on such lot. [See Figure 3.1] Lot, Corner Means a lot situated at an intersection of two or more streets, or at the intersection of two parts of the same street which have an interior angle or intersection of not more than one hundred and thirty-five (135°) degrees. Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the corner of the Figure 3.13: Lot Definitions Town of Bruce Mines Zoning By-law File P-2940 Page 47 lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents, and any portion of a corner lot distant not more than 30 m [98.4 ft.] from the corner measured along the street line shall be deemed to be an interior lot [see Figure 3.13]. Lot Coverage Means that percentage of land or lot area covered by buildings and structures above ground level and which excludes that portion of such land or lot area which is occupied by a building or portion thereof which is completely below ground level, and shall exclude a fence, patio, landings, steps, ramps, retaining wall, root cellar, a sewage disposal system and an in-ground swimming pool or hot-tub [see Figure 3.14]. Figure 3.14: Lot Coverage Town of Bruce Mines Zoning By-law File P-2940 Page 48 Lot Depth Means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, "lot depth" shall mean the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. If there is no rear lot line, "lot depth" shall mean the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines [see Figure 3.15]. Lot Frontage Means the horizontal distance between the side lot lines. Where such side lot lines are not parallel, it shall be the width of a lot measured between the intersections of the side lot lines with a line equal to the front yard setback back from and parallel or concentric to the front lot line. Arc distances shall apply on curved lines [see Figure 3.15]. Lot, Interior Means a lot other than a corner or a through lot which has frontage on a street. Lot Line Means a boundary line of a lot or the vertical projection thereof. In the case of a lot line that has a bend or a series of bends, if the sum of the interior angles or angles of such bends is 130 degrees or greater, then they shall be deemed to be the same lot line. Lot Line - Exterior Side Means a lot line located between the front lot lines and rear lot lines and dividing the lot from a street [see Figure 3.13]. Lot Line, Front Means: 1. In the case of an interior lot, the line dividing the lot from the street, street allowance or private road; 2. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line; 3. In the case of a corner lot with two street lines of equal length, the lot line that abuts the wider street, or abuts a highway shall be deemed to be in the front lot Figure 3.15: Lot Depth and Lot Frontage Town of Bruce Mines Zoning By-law File P-2940 Page 49 line, and in the case of both streets being under the same jurisdiction and of the same width, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line; 4. In the case of a lot with water access only, the front lot line shall be on the waterfront side. In the case of a through waterfront lot with water access only, the longest shoreline shall be deemed to be the front lot line; 5. in the case of a private road, the lot line adjacent to the entrance to the lot shall be deemed to be the front lot line; 6. In all other cases not described above, the front lot line shall be deemed to be where the principal access or entrance to the lot is approved. Lot Line, Rear Means the lot line furthest from, and opposite to, the front lot line [see Figure 3.15]. In the case of a lot with no rear lot line, the point where the two side lot lines intersect shall be the rear lot line. Lot Line, Side Interior Means a lot line other than a front lot line, rear lot line or exterior side lot line. On a lot with more than four sides, any lot line not otherwise defined as a front lot line, rear lot line or side lot line shall be considered as an interior side lot line [see Figure 3.13]. Lot, Through Means a lot having a frontage on two parallel or approximately parallel streets and where such lot qualifies as being both a corner lot and a through lot, such lot shall be considered as a corner lot [see Figure 3.13]. Lot, Width Means the average horizontal dimension between the two longest opposite sides measured on a line 6 m [19.7 ft.] back from the front lot line and parallel to it. Lot Width, Corner Lot Means the horizontal distance between the longest front lot line and the opposite side lot line, measured along a line 6 m [19.7 ft.] back from and parallel to the shorter front lot line, except in the case: 1. Where the front lot lines are curved, in which case, the lot width shall be calculated on the basis that the street lot lines are deemed to be the tangents produced to Town of Bruce Mines Zoning By-law File P-2940 Page 50 their points of intersection, from the points of intersection of the side lot lines and curved street lot line; or 2. Where a corner lot indicates that a sight triangle has been removed or has a rounded corner, in which case, the lot width shall be calculated on the basis that the front lot lines shall be deemed to comprise the street lines produced to their point of intersection. Town of Bruce Mines Zoning By-law File P-2940 Page 51 Marina Means a use, building and/or structure with or without docking facilities where boats are moored, berthed, constructed, stored, serviced, repaired or kept for sale or rent, and where accessory uses shall include the sale of boat accessories, marine fuels and supplies and pump-out facilities. Marine Facility Means a non-commercial building or structure which is used to moor, berth, or store a boat. This definition may include a boat launching ramp, a boat lift, marine railway, a float hangar, dock or boat house, but does not include any building used for human habitation or a marina. A marine facility shall also include a water intake facility and any flood or erosion control structure. No part of a marine facility may be used as a dwelling unit. Massage Parlour Means premises used for the practice of massage therapy by a Registered Massage Therapist. Medical Clinic - see Clinic Medical Marihuana Facility Means a premise approved and regulated under the Canada Food and Drugs Act and associated Food and Drug Regulations. Microbrewery Means a commercial operation where beer is produced at a small scale. A microbrewery may be permitted to sell the product that is produced on-site provided that there is no consumption of the purchased product on-site other than sampling. A bar, pub or brewpub shall not be considered a microbrewery. A microbrewery may also sell retail items directly related to the operation on-site. Micro-cultivation Operation Means the small scale growing of cannabis plants and harvesting material from those plants, as well as associated activities. Mine Means a mine as defined in the Mining Act. Mining shall have a similar meaning. Town of Bruce Mines Zoning By-law File P-2940 Page 52 Mine Hazard Means any feature on a mine as defined under the Mining Act or any related disturbance of the ground that has not been rehabilitated. Mineral Aggregate Operation Means: 1. Lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act, or successors thereto, or a pits and quarries control By-law enacted under the Municipal Act; and 2. Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. Mineral Mining Operation Means a mining operation and associated facilities, or, a past producing mine with remaining mineral development potential that has not been permanently rehabilitated to another use. Minimum Distance Separation Formulae I and II Means formulae developed by the Province to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. Mobile Home - see Dwelling - Mobile Home Mobile Home Park Means land which has been provided and designed for the location thereon of two (2) or more occupied mobile homes. Mobile Home Lot or Site Means an area, similar to a lot, located in a mobile home park, intended to be or occupied by a mobile home or a permitted accessory use. Mobile Home Yard Means a line similar to a front yard, rear yard, interior side yard or exterior side yard as applied to a mobile home lot or site. Town of Bruce Mines Zoning By-law File P-2940 Page 53 Model Home Means a dwelling unit that is used on a temporary basis to sell and/or display dwelling units that are for sale, but is not used for human habitation. Motel Means an establishment designed or used throughout all or part of a year that caters to the accommodation of the travelling or vacationing public, containing one or more guest rooms, including all such establishments as defined from time to time by the Hotel Registration of Guests Act, R.S.O. 1990, c.H.17, as amended, but not including any other establishment otherwise defined in this By-law. A motel may include accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an intermittent basis, and premises licensed under the Liquor License Act. Motocross Circuit Means an off-road racing facility conducted on an outdoor enclosed dirt circuit over primarily natural, outdoor terrain and may include spectator facilities such as grandstands or concourses and fast-food concessions. Motor Home - see Recreational Vehicle Motor Vehicle Means an automobile, commercial vehicle, truck, recreational vehicle, transport tractor, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a snowmobile or a street car. Municipality Means the Town of Bruce Mines. Museum Means a building or buildings used, or to be used, for the preservation of a collection of paintings and/or other works of art, and/or objects of natural history, and/or of mechanical scientific and/or philosophical inventions, instruments, models and/or designs, and dedicated or to be dedicated to the recreation of the public, together with any libraries, reading rooms, laboratories and/or other offices and/or premises used or to be used in connection therewith. Town of Bruce Mines Zoning By-law File P-2940 Page 54 Natural Heritage Features and Areas Means features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River), habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Nature Trail Means an area used for walking, hiking or other similar un-motorized recreational travel. Non-Complying Means any existing building, structure or lot which does not comply with one or more of the zone regulations and standards of this By-law. Non-Conforming Means any existing use, building, structure or lot which is does not conform to the permitted use provisions of any Zone in this By-law. Non-Residential Use Means a use, building or structure, that does not contain a dwelling unit. Nursing or Convalescent Home - see Continuum-of-Care Facility Nursery - see Commercial Greenhouse, Nursery or Garden Centre Town of Bruce Mines Zoning By-law File P-2940 Page 55 Office Means a building, structure or part thereof used for conducting the affairs of businesses, professions, services, industries, governments, or like activities. Open Space Means the open, unobstructed space on a lot from the ground to the sky including landscaped areas, pedestrian walkways, patios, swimming pools or similar areas but not including any driveway, ramp, parking spaces or aisles, loading spaces or manoeuvring areas and similar areas. Open Storage Means the storage of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof. This definition shall not include a storage use located in a building, a salvage yard, a parking area, a loading space or a parking space or an area used for outdoor display. Order Station Means an ordering box, service window, display board or any other device, including communication equipment, used by the public and operator to facilitate sales and/or services in a drive-through service facility. Outdoor Display Means an area set aside outside of a building or structure, other than a parking area, loading space or parking space which is used in conjunction with a business located within the building or structure on the same property, for the display of goods, merchandise, equipment and seasonal produce and products and may include garden supplies and Christmas trees, new merchandise or the supply of services. Owner Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator or a guardian. Town of Bruce Mines Zoning By-law File P-2940 Page 56 Park Means an area of land, whether enclosed or not, which is used for recreational or leisure uses and may include therein a beach, playground, play field, athletic field, field house, community centre, bleachers, swimming pool, wading pool, splash pad, greenhouse, botanical gardens, zoological gardens, bandstand, skating rink, tennis courts, bowling green, boat livery, bathing station, curling rink, refreshment concession, campground, fair ground, and conservation area, and associated accessory uses. Parking Area Means an open area of land, accessory to a permitted use, not located on a public street, private road or lane which is used for the parking of motor vehicles, but shall not include any area where motor vehicles for sale or repair are kept or stored. Parking Lot, Commercial - see Commercial Parking Lot Parking Space Means an area used for the temporary parking of one motor vehicle or one horse and buggy. Parking Space, Barrier Free Means a parking space for the temporary parking of a motor vehicle used by a handicapped or disabled person [see photo]. Patio Means a surfaced, open space of land at grade adjacent to a residential dwelling which is used as an extension to the interior of the home for private entertainment or leisure activities and is uncovered. In a commercial setting, means an outdoor eating area accessory to a restaurant where, on a seasonal basis, food and/or refreshments prepared on the premises are consumed. Permitted Means permitted by this By-law. Permitted Use Means a use which is permitted in the zone where such use is located. Town of Bruce Mines Zoning By-law File P-2940 Page 57 Person Means an individual, an association, a chartered organization, a firm, a partnership, a corporation, an agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Personal Service Establishment Means a building wherein a personal service is performed including but not limited to a barber shop, beauty salon, aesthetician, the premises of an optician shoe repair, photographic store, laundromat or a dry-cleaning distribution station but excludes a manufacturing or fabrication of goods for sale. Pet Grooming Establishment Means premises wherein cleaning, clipping and grooming services are provided for domestic pets, but shall not include an animal shelter or kennel. Pit Means land or land under water from which aggregate as defined herein is being or has been excavated in order to supply material for construction, manufacturing or industrial purposes, but shall not include rehabilitated land or an excavation incidental to the erection of a building or a structure for which a building permit has been granted by the Corporation, or an excavation incidental to the construction of any public works. Place of Amusement Means commercial premises wherein amusement facilities are provided such as a video arcade, arcade, billiard or pool room but does not include an adult entertainment parlour or bingo hall. Place of Assembly Means a building specifically set aside for and primarily engaged in the operation of arts and craft shows, trade fairs, fashion shows, public meetings, banquets, conference meetings, civic, political, social or religious activities a private club or a fraternal organization and similar activities. Place of Worship Means a building or an open area primarily dedicated to religious worship but may be used for other supportive uses such as a centre for the arts, a community hall, an accessory residential use, a library and similar uses. Town of Bruce Mines Zoning By-law File P-2940 Page 58 Playground Means a park or part thereof which is equipped with active recreational facilities oriented to children [see also Park]. Porch or Veranda Means a covered entrance to a building usually with a separate roof and unenclosed and used as an outdoor living space that is accessed by stairs from grade and which provides access to the first storey of a dwelling unit. Portable Asphalt Plant Means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process and which is not of permanent construction, but which is to be dismantled at the completion of the construction process. Portable Concrete Plant Means a building or a structure with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process and which is not of permanent construction, but which is to be dismantled at the completion of the construction process. Premises Means the area of a building and lot occupied by a business or enterprise. In a multiple tenancy building occupied by more than one business, each business area shall be considered separate premises. Principle Use Means the primary purpose for which a lot, building, or structure is used, or is intended to be used. Printing and Processing Service Shop Means a building or part of a building used by one or more persons who are employed in the management, direction or conducting of an activity, specifically undertaken to aid an industrial or commercial office use including photocopying, mail processing, receiving, distribution, document finishing, laminating, faxing, and packaging. Private Club - see Club, Private Private Garage - see Garage, Private Town of Bruce Mines Zoning By-law File P-2940 Page 59 Private Road Means a private easement over private property which affords access to two or more abutting lots or a road created through the registration of a plan of condominium, but does not include a road established or maintained by a public authority. Professional Office - see Office Public Authority Means the Town of Bruce Mines and any Boards or Commissions thereof, and any Ministry or Department of the Governments of Ontario or Canada, or other similarly recognized public agency. Public Service Use Means a building, structure or lot used for public services by the Town of Bruce Mines and any Boards or Commissions thereof, and any Ministry or commission of the Governments of Ontario and Canada, any telephone, or railway company, any company providing natural gas, Hydro One, any telecommunications company, public utilities or similar recognized agencies. Public Street - see Street Public Utility Means a building, structure, premises or lot used for public utility services by the Town of Bruce Mines, any Boards or Commissions thereof, any Ministry or Commission of the Governments on Ontario or Canada, and shall include utilities that provide electricity, gas, steam, water, telephone, internet or telecommunication services, cable television, transportation, drainage or sewage or refuse collection and disposal services, including a communications facility. . Town of Bruce Mines Zoning By-law File P-2940 Page 60 Quarry Means any open excavation made for the removal of any consolidated rock or mineral including limestone, sandstone or shale, in order to supply material for construction, industrial or manufacturing purposes, but shall not include an excavation incidental to the erection of a building or structure for which a building permit has been granted by the Corporation, or an excavation incidental to the construction of any public works. Queuing Lane Means an area of land that is used exclusively for motor vehicles whose occupants are waiting to be provided with goods, materials or services at a drive-through facility and is comprised of queuing spaces and is separated from other vehicular traffic and pedestrian circulation. Queuing lanes may be separated by any combination of barriers, markings or signage [see Figure 3.16]. Queuing Space Means a portion of a queuing lane which provides standing room for motor vehicles in a queue for a drive-through facility while the occupants are awaiting service [see Figure 3.16]. Queuing Lanes Figure 3.16: Queuing Lanes Queuing Space Town of Bruce Mines Zoning By-law File P-2940 Page 61 Railroad Use Means a building, structure or use normally associated with a railroad operation subject to the Railway Safety Act, R.S.C. 1985, c.32 (4th Suppl.), as amended. Reconstruction Means to re-build, erect, place, reconstruct, relocate, repair or assemble a previously existing building or structure to a habitable condition which may include complete replacement, and may also include: 1. Any preliminary operation such as excavating, filling or draining; or 2. Altering any existing building or structure by an addition, enlargement, extension or other structural change; or 3. Any work which requires a building permit. 'Reconstructed' and 'reconstruction' shall have corresponding meanings. For the purpose of this definition, reconstruction/renovation/restoration may include the complete replacement of a building or structure. Recreational Commercial Establishment Means an establishment, building or structures where any recreational, social or cultural uses are operated commercially for profit on lands in private ownership, or under lease, such as health clubs, open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed badminton or tennis courts, squash courts, bowling alleys, gymnasia, band shell or open theatre, and other similar uses except as otherwise specifically defined in this By-law. [See also Bingo Hall] Recreational Equipment Means a portable structure, vessel or vehicle that is designed and built to be carried by a motor vehicle, or a unit designed and built to be transported or operated under its own power or propelled power, for the purposes of providing recreation enjoyment or travel, and may include boats, boat or vehicle trailers, personal water craft, snowmobiles, all-terrain vehicles (ATVs) or other equipment used for recreational purposes and which are normally stored or parked on a lot. Recreational Vehicle Means any vehicle so constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn or is propelled by the motor vehicle and is capable of being used for living, sleeping, eating or accommodation of persons on a temporary, transient or short-term basis, even if the vehicle is jacked up or its running Town of Bruce Mines Zoning By-law File P-2940 Page 62 gear is removed. Examples include a motor home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus converted into a motor home. For the purposes of this definition, a recreational vehicle shall be considered a structure for the purposes of establishing setbacks only. A recreational vehicle shall not be deemed to include a mobile home. The definition of a recreational vehicle shall not be interpreted to include recreational equipment (see photos). Recreational Vehicle Campground - see Campground Recreational Vehicle Sales and Storage Means a building and/or lot which are used for the display, storage and/or sale of boats, and recreational vehicles or recreational equipment. Recreational Vehicle Repair Garage Means a building used for the repair, servicing, painting, refinishing, restoration or alteration of recreational vehicles and boats for gain or profit, but does not include a salvage yard. Recycling Depot or Transfer Station Means a special waste management facility which only serves as a temporary storage site for clean materials such as glass, paper, cardboard, plastic, white goods, electronics, metal and other similar products which will be transferred to another location for reuse. This definition does not include any other type of waste management system [See also Waste Management Facility]. Town of Bruce Mines Zoning By-law File P-2940 Page 63 Redevelopment - see Development Refreshment Pavilion Means premises that are designed intended or used for the sale of food or refreshments to the general public and from which food or refreshment is made available to the customer within a building. In addition, no provision is made for consumption of the food or refreshment by the customer within the building. Rental Store Means a retail store where goods are kept for the purpose of temporary loan to the public but shall not include a car rental agency. Renewable Energy System Means a system that generates electricity, heat and/or cooling from a renewable energy source. Renovate - see Reconstruction Residential Care Facility - see Continuum-of-Care Facility Residential Density Means the number of dwelling units per hectare of lot area. Residential Use Means the use of land, buildings or structures for human habitation or as a dwelling. Residential Zone Means an R1, or MR zone. Restaurant Means premises, including a drive-through service facility, in which the principal business is the preparation and serving of food and refreshments to the public for consumption at tables within or outside the building and which may include the preparation of food in a ready-to-consume state for consumption off the premises. Retail Sales Outlet Means a single retail store which is accessory to a permitted commercial or industrial use. Town of Bruce Mines Zoning By-law File P-2940 Page 64 Retail Store Means a building wherein goods, wares, merchandise, groceries, substances or articles are offered for sale to the general public, and may include the limited storage of goods, wares, merchandise, substances or articles, and shall not include any other use defined herein. Retirement Home - see Continuum-of-Care Facility Right-of-way - see Easement Road - see Street Room, Non-Habitable Means any room located within a dwelling that is not a habitable room, including but so as not to limit the foregoing, a laundry room, a pantry, a lobby, a stairway, a closet, a porch, a recreation room, a porch, a balcony, a private garage, an unfinished attic, a cellar, a boiler room and any space used for the service and maintenance of such dwelling or for vertical travel between storeys. Rooming Unit Means a room or rooms rented as sleeping and living quarters, without cooking facilities and may include an individual bathroom. Row House - see Dwelling, Row or Townhouse Rural Zone Means an R, OS, OSW, or MH zone. Town of Bruce Mines Zoning By-law File P-2940 Page 65 Salvage Yard Means a lot and/or building or portion thereof where used goods, wares, merchandise, articles, motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or abandoned. This definition may include a wrecking yard, a scrap metal yard, and an automobile wrecking yard on the premises. Satellite Dish/Receiver Means a structure designed, used or intended to be used to send or receive signals to or from a satellite. Sauna Means an accessory building or structure wherein facilities are provided for the purpose of a sauna bath, either wet or dry, and may include a change/relaxation room, storage areas and a washroom but not kitchen or sleeping facilities. Sawmill or Planing Mill Means a building, structure or area where timber is cut or sawed, either to finished lumber or as an intermediary step. Sawmill, Portable Means equipment which is portable (e.g., may be drawn by a motor vehicle) and is used on a temporary basis for the cutting of saw logs School Means a Provincially-approved institution for academic instruction and shall include a public, private or separate school, a vocational school, or a post-secondary school such as a college or university. Seating Capacity Means the number of persons which can be accommodated in a building or structure or part thereof in a seated position on chairs, benches, forms or pews. Self-Storage Facility Means a commercial building or part of a building wherein items are stored in separate, secured storage areas or lockers and may include the exterior storage of boats and water-related equipment, recreational equipment and recreational vehicles. Semi-Detached Dwelling - see Dwelling, Semi-Detached Town of Bruce Mines Zoning By-law File P-2940 Page 66 Sensitive Land Use Means buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built environment. Separation Distance Means the horizontal distance between buildings or structures or physical features measured from the closest point of the exterior wall or identifiable boundary of such building or structure, or of such physical structure. Septage Means untreated sanitary waste from a septic tank, privy or holding tank. Service Outlet or Shop Means a shop for selling, servicing, repairing, installing or renting items and equipment, including but without limiting the generality of the foregoing: radio or television shop, locksmith shop, small appliance shop, household and carpenter tool shop, shoe repair, a copy shop but shall not include a small engine shop or aautomotive repairs and automotive services. Setback Means: 1. With reference to a street, the least horizontal distance between the front lot line and the nearest building line. 2. With reference to a water body, the least horizontal distance between the high- water mark and the nearest building line. 3. With reference to a building, structure or land use and not applicable under paragraph (1) or (2), shall mean the least horizontal distance from the building, structure or land use in question; and 4. With reference to a private road, shall mean the least horizontal distance between the edge of the travelled portion of the road or surveyed boundary of any building or structure, or the limit of the road as shown and measured on a survey. Examples of sensitive land uses may include, but are not limited to: residences, day care centers, and educational and health facilities. Town of Bruce Mines Zoning By-law File P-2940 Page 67 Sewage and Water Services Means: 1. Private Communal Sewage Services Means a sewage works within the meaning of Section 1 of the Ontario Water Resources Act that serves six or more lots or private residences and is not owned by the Municipality. 2. Private Communal Water Services Means a non-municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002 that serves six or more lots or private residences. 3. Individual On-Site Sewage Services Means sewage systems as defined in Ont. Reg. 332/12, under the Building Code Act, 1992 that are owned, operated and managed by the owner of the property upon which the system is located. 4. Individual On-Site Water Services Means individual, autonomous water supply systems that are owned, operated and managed by the owner of the property upon which the system is located. 5. Municipal Sewage Services Means a sewage works within the meaning of Section 1 of the Ontario Water Resources Act that is owned or operated by the Municipality. 6. Municipal Water Services Means a municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002. 7. Partial Services Means municipal sewage services or private communal sewage services and individual on-site water services; or municipal water services or private communal water services and individual on-site sewage services. 8. Sewage Works Means any works for the treatment and disposal of sewage in a waste water stabilization pond and includes hauled sewage. Town of Bruce Mines Zoning By-law File P-2940 Page 68 Shipping Container - see Storage Container Shooting Range or Rifle Club Means the use of land, buildings, structures or premises for commercial or private recreational target practice, skeet shooting, pistol shooting, rim fire and centre fire, a sporting clay range rifle shooting, archery, gun or hunter safety instruction and may include accessory facilities. Shopping Centre Means an integrated commercial development, which is designed, developed and managed as a single owner or tenant, or group of owners and tenants, the function of which shall be to permit a wide range of retail, service and office commercial uses. Shoreline Means a lot line or portion thereof which abuts or parallels the high-water mark of a water body. [See also High-Water Mark.] Shoreline Buffer Zone Means a natural area, adjacent to a shoreline, maintained or re-established in its natural pre-development state, with the exception of minimal pruning of vegetation, the removal of trees for safety reasons, for the purpose of protecting natural habitat and water quality and minimizing the visual impact of buildings or structures on a lot, and may include the installation of a pathway or trail providing water access. Sight Triangle Means a triangular space, free of buildings, structures and obstructions, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance from the point of intersection of the street lines [See Figure 3.17]. Figure 3.17: Sight Triangle Town of Bruce Mines Zoning By-law File P-2940 Page 69 Sign Means any writing, letter work or numeral, any pictorial representation, illustration, drawing, image or decoration, any emblem, logo, symbol or trademark or any device with similar characteristics which: 1. Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and 2. Which is used to advertise, inform, announce, claim, give publicity or attract attention. Sleep Cabin - see Guest Cabin Solar Collector Means a Class 1 or 2 ground mounted or rooftop mounted or wall mounted with a name plate capacity of less than or equal to 10 kW consisting of photovoltaic panels that collect solar power from the sun (see photo). Solar Collector, Commercial Means a Class 3 ground mounted device with a name plate capacity of less than or equal to 10 kW consisting of photovoltaic panels that collect solar power from the sun (see photo). Solarium Means a glassed-in structure or room projecting from an exterior or main wall of a building which may be used for sunning, therapeutic exposure to sunlight, or for a use where the intent is to optimize exposure to sunlight. Storage Container Means the trailer portion of a tractor trailer or transport truck without the running Town of Bruce Mines Zoning By-law File P-2940 Page 70 gear or shall mean a rail or sea container or manufactured portable or mobile storage unit (see photos). Storey Means that portion of a building other than a cellar or basement included between the surface of any floor and the surface of the floor, roof deck, ceiling or roof immediately above it. [See Figure 3.18] Street Means an improved public thoroughfare, lane, road or highway means of access or entrance to abutting properties, and which has been assumed and is maintained year- round by a public authority. Street Line Means the limit of the road or street allowance and is the dividing line between a lot and a street or a private road. Structure 1. Means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground and, without limiting the generality of the foregoing, includes a recreational vehicle, a sign, a fence, a swimming pool, a deck, an individual on-site sewage service (i.e., septic tank). Studio Means a building or part thereof used: 1. As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or artisan or any similar artist or craftsman, where unique articles are made or fabricated and offered for sale; 2. For the instruction of art, music, languages or similar disciplines. Swimming Pool Means an open or covered pool designed to be used for swimming, wading, diving or recreational bathing which is at least 50 cm [19.7 inches] in depth and may include a hot tub, inflatable pool or whirlpool but shall not include a natural dug or dammed pond intended for aesthetic or agricultural purposes. Figure 3.18: Storey Town of Bruce Mines Zoning By-law File P-2940 Page 71 Tavern Means a "tavern" as defined by the Liquor License Act. Taxi Stand or Dispatch Office Means lands and/or premises where chauffeured passenger automobiles are kept for hire. Temporary Building Means a building or structure intended for removal or demolition within a prescribed time as set out in a building permit. Temporary Car Shelter Means a temporary structure erected to provide shelter primarily to a motor vehicle during winter months and is designed to be dismantled or removed [see Figure 3.19]. Top of Bank Means the first significant lakeward break in a ravine slope where the break occurs such that the grade beyond the break is flatter than 3:1 measured perpendicularly from the break. Tourist Establishment Means land buildings or structures used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers, including a motel, lodge or bed and breakfast establishment, and rental cottage or cabin where more than 3 such rental units occupy the same property, including accessory uses such as dining, meeting and beverage rooms and similar uses. Tourist Outfitters Establishment Means land, buildings or structures operated throughout all or part of a year which may or may not furnish overnight accommodation and facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or other similar recreational purposes. Townhouse - see Dwelling - Row of Townhouse Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle Trailer Park - see Campground Figure 3.19: Temporary Car Shelter Town of Bruce Mines Zoning By-law File P-2940 Page 72 Transfer Station (See Recycling Depot) Triplex - see Dwelling, Triplex Transportation Depot or Truck Terminal Means land buildings or structures where commercial vehicles are kept for hire, rental and/or leased, or stored and/or parked for remuneration and/or from which such vehicles are dispatched for hire as common carriers and where such land, structure or building may be used for the storage and/or distribution of goods, wares, and merchandise. Town of Bruce Mines Zoning By-law File P-2940 Page 73 Use or Used Means the purpose for which a lot or a building or a structure is designed, arranged, occupied or maintained. Use, Accessory - see Accessory Use Town of Bruce Mines Zoning By-law File P-2940 Page 74 Vehicle - see Motor Vehicle Veterinary Establishment - see Animal Shelter Video Rental Outlet Means a building or part of a building wherein the primary use is the rental of video tapes and may include the rental of video cassette recorders video cameras, video games, DVDs and similar electronic devices. Town of Bruce Mines Zoning By-law File P-2940 Page 75 Warehouse Means a building or structure or portion thereof used or intended to be used for the bulk storage and distribution of goods, merchandise, or materials but shall not include facilities for a transportation depot. Waste Management Facility Means land or a site which is licensed or approved by the Ministry of the Environment Conservation and Parks and/or its agents where ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse compost, excluding radioactive or toxic chemical wastes is disposed of or dumped. This definition shall include waste transfer stations and recycling depots [see also Recycling Depot]. Water Access Lot Means a lot that is accessed by a navigable water body. Water Body Means any bay, lake, river, natural watercourse or canal for a perennial or intermittent stream of water but shall exclude a drainage or irrigation channel. Wayside Pit Means land from which unconsolidated aggregate is removed by means of open excavation on a temporary basis for use by a road authority solely for the purpose of a particular project or contract of road construction and not located on the road easement. Wayside Quarry Means land from which consolidated aggregate is removed by means of open excavation on a temporary basis for use by a public authority solely for the purpose of a particular project or contract of road construction and not located on the road easement. Welding Shop Means a building or structure or part thereof where metal products are joined, repaired or shaped by welding but no mass productions shall be involved. Wellhead Protection Areas Means those areas around municipal wells, as identified by the Municipality, in which policies and provisions may be implemented in order to protect the integrity of the groundwater resource. The extent of wellhead protection areas is defined by the travel time for flows of groundwater to the municipal well. Town of Bruce Mines Zoning By-law File P-2940 Page 76 Wellness Centre Means a premises devoted to the actively sought goal of good health and includes the teaching and practice, in both individual and group sessions, of a range of holistic, alternative and integrative natural health practices and may include meditation, acupuncture, shiatsu, massage therapies, yoga, and healthy eating programs, and may include accessory uses such as administrative offices, physical fitness rooms, and waiting rooms, directly associated with the premises, but excludes a recreational commercial establishment. Wetlands Means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. Wholesale Establishment Means a building or part of a building where goods, wares, merchandise or articles are stored in bulk for sale in wholesale quantities but does not include premises where any goods, wares, merchandise, substances or articles are offered or kept for sale at retail. Wind Farm Means a collection of wind turbines all in the same geographical location which are used in combination for the generation of mechanical or electrical generation. Wind Turbine Means a wind facility with a name plate capacity less than or equal to 3 kW machine designed and used for converting the kinetic energy in wind into mechanical energy or electrical energy. Wind Turbine, Commercial Means a wind facility with a name plate capacity greater than or equal to 3 kW machine designed and used for converting the kinetic energy in wind into mechanical energy or electrical energy. Workshop - see Custom Workshop Town of Bruce Mines Zoning By-law File P-2940 Page 77 Wrecking Yard - see Salvage Yard Town of Bruce Mines Zoning By-law File P-2940 Page 78 Yard Means an area of open land between a main wall of a building and a lot line that, except for landscaping or accessory buildings and projections specifically permitted elsewhere in this By-law, is unobstructed above grade [see Figures 3.20 & 3.21]. Yard, Front Means a yard extending across the full width of the lot between the front lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a main building closest to the front lot line [see Figures 3.20 & 3.21]. Yard, Rear Means a yard extending across the full width of the lot between the rear lot line and a line drawn parallel or concentric thereto and through the point of the main wall of the main building closest to the rear lot line. Where there is no rear lot line, the rear yard shall be measured from the intersection of the side lot lines to the closest point of the main wall of the main building [see Figures 3.20 & 3.21]. Yard Sale Means the occasional or infrequent sale (e.g., one or two days annually) of household goods, clothing, furniture, tools, recreational equipment or other second-hand articles or sundry items, usually by the households on an individual property, and may include a joint sale by neighbours on the same street or a joint sale at a school, a place of worship or other location. Yard, Side Means a yard extending from the front yard to the rear yard between the side lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a building closest to the side lot line [see Figures 3.20 & 3.21]. Yard, Side Exterior Means a side yard adjacent to a street [see Figures 3.20 & 3.21]. Yard, Side - Interior Means a side yard other than an exterior side yard [see Figures 3.20 & 3.21]. Town of Bruce Mines Zoning By-law File P-2940 Page 79 Figure 3.20: Yard Definitions Figure 3.21: Yard Definitions Town of Bruce Mines Zoning By-law File P-2940 Page 80 Zone Means a designated area of land use demarcated on the Schedules attached hereto. Zone Regulation Means any provision of this By-law which is listed under the heading "Zone Regulations" or referred to as a zoning regulation and governs the erection of any building or structure or the use of land. Zoning Administrator Means the officer, employee or such other person as may from time-to-time be designated by Council charged with the duty of enforcing the provisions of this By-law. Town of Bruce Mines Zoning By-law File P-2940 Page 81 Section 4 GENERAL PROVISIONS 4.1 Accessory Buildings, Structures and Uses 4.1.1 General 1. Accessory uses, buildings and structures shall be permitted in all zones as set out in the list of permitted accessory uses for each specific zone. 2. Accessory uses, buildings and structures shall comply with the zoning regulations for the zone in which they are permitted. Where there is no minimum setback or other zone regulation specified for a permitted accessory building, or structure the minimum yard requirement or other zone regulation of the applicable zone shall apply. 3. All accessory uses, buildings and structures to a permitted principle use or main building shall be located on the same lot and in the same zone as the principle use or main building. 4. Accessory uses, buildings and structures shall not be erected or established prior to the erection or establishment of the main building or use except for a permitted temporary building [see Section 4.28]. 5. No accessory use shall be erected closer to the front lot line or the exterior side lot line than the minimum front yard and external side yard setbacks required for the main building except for: a. A shelter for use by children waiting for a school bus, if such use is located in a Rural (R) Zone. b. Any farm produce outlet if such structure is located in a Rural (R) Zone. Explanatory Note The General Provisions section of the Zoning By-law sets out regulations which apply regardless of the specific zoning (Section 5). While the zones provide site specific controls corresponding to such items as permitted uses and other restrictions, the General Provisions provide regulations more general in nature. Development must comply with all applicable provisions in the General Provisions in addition to the requirements of the specific zone standards set out in Section 5 Town of Bruce Mines Zoning By-law File P-2940 Page 82 c. A freestanding satellite dish/receiver or solar collector (but not including a communications facility); d. A sign erected in compliance with the zone regulations of this By-law or a By-law enacted under the Municipal Act; e. A wind turbine or solar collector provided that all such structures are set back a minimum of 3m [9.84 ft.] from the front lot line or exterior side yard lot line. 6. Common private garages which are detached from the main building may be mutually centred on the side lot line. 7. A green roof and a geothermal power facility are permitted accessory uses in any zone. 8. A storage container is not a permitted accessory use in any zone. 9. Legal non-conforming uses shall be permitted to have accessory uses with the provisions in this section of this By-law and the zone regulations of the applicable zone. 10. The use of any accessory building or structure for human habitation is not permitted except where an accessory dwelling is specifically listed as a permitted use. 4.1.2 Accessory Residential Uses 1. One (1) guest cabin or one (1) loft-above-a-garage shall be permitted per lot as an accessory use to a permitted dwelling in an R Zone. A guest cabin or a loft-above-a-garage shall not exceed 50 m2 [538.2 ft.2] in gross floor area. 2. No guest cabin or loft-above-a garage shall be located less than 3 m [9.84 ft.] to any interior lot line or rear lot line or main building. 3. No guest cabin or loft-above-a garage shall be permitted on a lot occupied by a garden suite. 4. An additional residential unit shall be permitted as an accessory use to a single detached dwelling or a semi-detached dwelling or a row or a townhouse dwelling in compliance with the following zone regulations: a. The additional residential unit can be adequately serviced with municipal sewage services and municipal water services or Town of Bruce Mines Zoning By-law File P-2940 Page 83 individual on-site sewage services and individual on-site water services whichever apply. b. The minimum lot area is not less than 550 m2[5,920.3 ft.2] in an R1 or MR Zone or 1 ha [2.47 ac.] in an R Zone. c. The additional residential unit in an ancillary or accessory building is confined to a one-storey building with a maximum net floor area of 74 m2 [800 ft.2]. d. The minimum interior side yard for an ancillary or accessory building used for an additional residential unit is not less than 3 m [9.84 ft.] in an R1, MR or R Zone. e. The minimum rear yard for an ancillary or accessory building used for an additional residential unit is not less than the zone regulation for a rear yard in an R1, MR or R Zone. f. The minimum separation distance for an ancillary or accessory building used for an additional residential unit from the main wall of the principal dwelling on the same or any abutting lot or any other permitted accessory building on the same or any abutting lot is not less than 3 m [9.84 ft.] or as otherwise required by the Ontario Building Code. g. The access for fire protection purposes to an ancillary or accessory building used for an additional residential unit is not obstructed by another building, structure or fence. h. Each additional residential unit shall have one parking space on the same lot that is provided and maintained for the sole use of the occupant of the additional residential unit(s) and any additional parking spaces shall be permitted as a tandem parking space as set out in O. Reg. 299/19. i. A garden suite shall not be permitted where an ancillary or accessory building is used for an additional residential unit. See also Section 4.1.9 Garden Suites. 4.1.3 Bed and Breakfast Establishments 1. A bed and breakfast establishment shall be permitted as an accessory use to any permitted single detached dwelling. 2. A maximum of three (3) guest rooms shall be permitted for any one bed and breakfast establishment. 3. The use of the dwelling as a bed and breakfast establishment shall not change the residential character of the dwelling. 4. Bed and breakfast establishments shall not be subject to the home based business regulations of Section 4.11 of this By-law. Town of Bruce Mines Zoning By-law File P-2940 Page 84 5. The bed and breakfast establishment shall comply with any applicable requirements of the local Health Unit, the Building Code, and the Fire Code. 6. One (1) sign only not exceeding 1 m2 [10.76 ft2] in surface area shall be permitted to advertise a bed and breakfast establishment. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. 7. A breakfast service shall be available to guests. 8. A bed and breakfast establishment shall comply with the applicable parking regulations of Section 4.22 of this By-law. 4.1.4 Boat Houses 1. One (1) single storey one-bay boat house shall be permitted as an accessory use to a permitted seasonal dwelling or single detached dwelling in an R Zone. 2. A boat house shall not be erected closer than 5 m [16.4 ft.] from the nearest adjacent lot line [see Figure 4.1]. 3. A boat house shall not be used for sleeping accommodation or human habitation. 4. A flat roofed boat house may be used as a roof-top deck or patio. 5. The maximum height of a boat house shall be 6 m [19.7 ft.]. 6. The provisions for boat houses in this section do Figure 4.1: Boat House Town of Bruce Mines Zoning By-law File P-2940 Page 85 not apply to a marina. 4.1.5 Docks 1. Docks shall be limited to floating, cantilevered or post dock construction. 2. Any component of a dock located above the high-water mark and designed to anchor the dock to the land shall be excluded from the calculation of the maximum dock area except where the entire dock is constructed parallel to the shoreline in which case the entire deck area of the dock shall be included in the calculation. 3. Docks for residential purposes shall be built to the following zone regulations: a. Maximum dock area 33 m2 [355 ft.2] b. Minimum dock width 1.8 m [6 ft.] c. Minimum dock width for boat slips connecting to main dock 1.2 m [4 ft.] d. Maximum dock length 20 m [65.6 ft.] e. Minimum side yard 5 m [16.4 ft.] f. Maximum number of docks per lot 1 4. No dock shall be permitted which constitutes a navigation or safety hazard. 5. In water bodies with a width of 150 m [492.1 ft.] or less, no dock shall be constructed which will exceed 20% of the width of the adjacent water body. 6. No dock with a crib area of greater than 15 m2 [161.4 ft.2] shall be constructed without a valid permit issued by the Ministry of Natural Resources and Forestry. 4.1.6 Fences in a Residential Zone Any fence erected hereafter within the Municipality shall conform to the provisions of any Fence By-law as may from time-to-time be enacted under the Municipal Act or any provisions for fences as hereinafter set out in this By-law as follows: 1. The maximum height of a fence in any interior side or rear yard shall be 2 m [6.56 ft.] measured from the established grade. 2. The maximum height of a fence in any front yard or exterior side yard shall be 1 m [3.28 ft.] measured from the established grade. 3. No fence shall be erected so as to obstruct a sight triangle. Town of Bruce Mines Zoning By-law File P-2940 Page 86 4. An unpierced hedgerow or other unpierced planting in a front yard or exterior side yard shall be deemed to be a fence. 5. The use of barbed-wire, spire tips, sharp objects or any devise for projecting an electric current in any fence construction is prohibited in a residential zone. 4.1.7 Fences in a Non-Residential Zone Any fence erected hereafter within the Municipality shall conform to the provisions of any Fence By-law as may from time-to-time be enacted under the Municipal Act or any provisions for fences as hereinafter set out in this By-law as follows: 1. The maximum height of a fence in any yard of a non-residential zone shall be limited to 2.5 m [8.20 ft.] measured from the established grade where the fence is a chain-link or other similar transparent construction materials or 2 m [6.56 ft.] for any other materials. 2. No fence shall be erected so as to obstruct a sight triangle. 3. Section 4.1.7 shall not apply to fences required for a public authority or communication facilities. 4.1.8 Fences in a Rural Zone The provisions for fences shall not apply in a rural zone. 4.1.9 Garden Suites Subject to the passing of a site-specific temporary use By-law under Section 39 of the Planning Act, a garden suite shall be permitted as an accessory use to a permitted single detached dwelling provided: 1. The minimum lot area conforms to the zone in which the garden suites are to be located. 2. The maximum gross floor area of the garden suite shall be 74 m2 [800 ft.2]. 3. The maximum height of the garden suite shall be one storey. 4. The garden suite shall be located in a rear or interior side yard and shall meet the zone regulations for building separation and lot coverage in the zone. 5. The minimum setback from a rear lot line or interior side yard lot line shall be 3 m [9.84 ft.]. Town of Bruce Mines Zoning By-law File P-2940 Page 87 6. A mobile home which meets the zone regulations of this By-law shall be permitted as a garden suite. 7. A garden suite shall not be permitted on a lot occupied by an existing guest cabin or loft-above-a-garage. 4.1.10 Pumphouse A pumphouse may be erected and used in the shoreline buffer zone provided its location complies with the minimum interior side yard setback. 4.1.11 Swimming Pools Private swimming pools, both above-ground and in-ground and both open and covered, shall be permitted subject to the By-laws of the Municipality regarding swimming pools and the following regulations: 1. Outdoor Open Pools a. Open Pool areas shall be totally enclosed by a fence constructed with vertically boarded wood, chain link, masonry, plastic, metal construction or a material having an equivalent degree of strength and having no rails or other horizontal or diagonal bracing or attachments on the outside that may facilitate climbing and shall have no opening with a horizontal dimension greater than 75 mm [2.4 inches] and having a minimum height of 1.5 m [4.92 ft.] above the established grade and which shall be installed to include a self-closing and self- latching gate which shall be placed at the top of the gate on the pool side; b. Where a pool is an above-ground pool, any combination of the pool wall, surrounding fence or structure totaling a minimum of 1.5 m [4.92 ft.] in height above the established grade shall be deemed to meet the fencing regulations provided that a self-latching gate or equivalent arrangement is installed to prevent unauthorized entry; c. A wall or walls of a building or buildings may form part of a swimming pool fence provided that all openings affording access from a building directly to an enclosed swimming pool area is/are equipped with a locking device located not less than 1.5 metres [4.92 ft.] from the bottom of the floor; d. Any building or structure, other than a dwelling, required for changing clothing or pumping, filtering or storage or any similar purposes shall comply with the provisions respecting accessory uses and structures. Town of Bruce Mines Zoning By-law File P-2940 Page 88 e. No part of an outdoor swimming pool including an associated apron or platform which is in a front yard or side yard shall be constructed closer to a street line than the regulations for a main building in the zone within which it is located nor closer to the lot line in a rear yard than the minimum distance required for an accessory use or structure, and; f. Notwithstanding the foregoing, outdoor swimming pools which are accessory to hotels and motels may be located in the front yard provided the swimming pool meets all other regulations of this By- law. g. A hot tub shall be exempted from the fence provisions provided that the hot tub is adequately secured by a cover equipped with a self- locking device, which cover shall be kept locked in place over the tub when the hot tub is not in use. 2. Indoor Swimming Pools Indoor pools shall comply to the accessory building regulations contained in Section 4.1.1 or to the zone regulations where the pool is part of the main building. 4.1.12 Temporary Car Shelter 1. Temporary car shelters shall only be located on a parking space or driveway. 2. The minimum setback of a temporary car shelter shall be 3 m [9.84 ft.] from a front yard lot line or exterior front yard lot line and 1.5 m [4.92 ft.] from an interior side yard lot line. 4.2 Automotive Service Station, Gas Bar, Car Wash Despite any other provisions contained in this By-law, for all zones within which an automotive service station, gas bar and/or car wash are permitted, the following zone regulations shall apply: 1. Minimum lot frontage ............................................................................ 50 m [164 ft.] 2. Minimum front yard .............................................................................. 15 m [49.2 ft.] 3. Minimum exterior side yard ................................................................ 15 m [49.2 ft.] 4. Minimum interior side yard ................................................................... 6 m [19.7 ft.] 5. Minimum rear yard ............................................................................... 10 m [32.8 ft.] 6. Minimum setback from a canopy and any lot line ................................ 10 m [32.8 ft.] 7. Minimum setback of any pump island from any lot line ........................ 10 m [32.8 ft.] Town of Bruce Mines Zoning By-law File P-2940 Page 89 8. Minimum entrance width for one way entrance ...................................... 6 m [19.7 ft.] 9. Minimum width for a two-way entrance ................................................... 9 m [29.5 ft.] 10. Maximum entrance width ...................................................................... 12 m [39.4 ft.] 11. Minimum distance between any two entrances and/or exits .............. 22.5 m [73.8 ft.] 12. Minimum distance between an entrance or exit and the intersecting street lines on a corner lot ........................................................................................... 12 m [39.4 ft.] 13. Minimum number of entrances ................................................................................. 2 14. All fuel storage tanks above or below ground for any fossil fuels or propane shall comply with the Technical Standards and Safety Act, 2000 and no building permit shall be issued without the prior approval of any equipment or fuel storage facilities by the Technical Standards & Safety Authority. 4.3 Buildings to be Moved No building or structure shall be moved within the limits of the Municipality or shall be moved from outside the Municipality into the Municipality unless the building or structure is a permitted use and satisfies all the regulations of the zone in which it is to be located. 4.4 Change of Use A use of a lot, building or structure which, under the provisions hereof is not permitted within the zone in which such lot, building or structure is located, shall not be changed except to a use which is permitted within such zone or as otherwise authorized by the Committee of Adjustment under Section 45(2) of the Planning Act. 4.5 Cumulative Standards Notwithstanding anything contained in this By-law, where any land, building or structure is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with. Example of cumulative standards: where a lot is to be developed for a commercial use and an accessory dwelling, the number of parking spaces required would include the combined total of those for the commercial use plus those for the dwelling. Town of Bruce Mines Zoning By-law File P-2940 Page 90 4.6 Established Building Line in Built-up Area Despite any other zone regulation of this By-law, in any residential zone (see Section 5.2 for list of zones), the front yard setback for a dwelling to be constructed between existing buildings or adjacent to existing buildings which are separated by no more than 60 m [196.8 ft.], may be reduced to a setback equal to the average setback of the said existing buildings or 6 m [19.7 ft.], whichever is the greatest [see Figure 4.2]. 4.7 Exception Zone Where a zone symbol is followed by the suffix "-X" this shall mean that a specific exception is being made to one or more of the zone regulations of that zone for a specific area governed by the By-law. All other applicable provisions of the By-law shall continue to apply. A number after the "-X" (e.g., R-X1) indicates the chronological order of the various exception zones. 4.8 Flood Plain No dwelling shall be constructed or extended or expanded below the regulatory flood elevation of any water body (see Section 4.8.3.4) and no person shall use any land or Figure 4.2: Established Building Line in a Residential Zone Town of Bruce Mines Zoning By-law File P-2940 Page 91 erect, alter or use any building or structure in the flood plain of any water body except in accordance with the following provisions: 4.8.1 Permitted Uses Within the Flood Plain 1. Buildings or structures intended for flood or erosion control or slope stabilization; 2. Conservation Use excluding any buildings or structures; 3. Forestry Use excluding any buildings or structures; 4. Parks excluding any buildings or structures; 5. Hydro-electric generating facilities; 6. Marine Facility; 7. Marina; and 8. Infrastructure incidental to a water supply or waste water treatment facility such as a water intake or sewer outfall but not including the main building of a water filtration plant or waste water treatment facility. 4.8.2 Prohibited Uses Buildings and structures shall not be permitted to locate in hazardous lands where the use is: 1. An institutional use associated with hospitals, a day nursery, a continuum-of-care facility, and a school, where there is a threat to the safe evacuation of the sick, the elderly, persons with disabilities or the young during an emergency as a result of flooding, failure of flood proofing measures or protection works or erosion. 2. An essential emergency service such as that provided by fire, police and ambulance stations and electrical substations, which would be impaired during an emergency as a result of flooding, the failure of flood proofing measures and/or protection works, and/or erosion; and 3. Associated with the disposal, manufacture, treatment or storage of hazardous substances. 4.8.3 Flood Plain Zoning Standards 1. No building or structure shall be erected closer than 15 m [49.2 ft.] from the flood elevation or flood line of a water body. Town of Bruce Mines Zoning By-law File P-2940 Page 92 2. Where no flood elevation or flood line has been established, the setback from the top of bank shall be 30 m [98.4 ft.]. 3. Lands subject to flooding shall not be included in the calculation of the minimum lot area. 4. For the purposes of this By-law, the regulatory flood elevation along the shores of the North Channel of Lake Huron is established as 178.2 m CGD (Canadian Geodetic Datum). 4.9 Frontage on a Street No person shall erect any building or structure or use any land in any zone unless the lot upon which such building or structure is to be erected or the land to be used has access to and meets the minimum lot frontage on a street. 4.9.1 Exceptions Despite the above, access to a lot shall be permitted: 1. For a permitted use located on an existing private road or a private road located in a registered condominium. 2. For a resource related use located on Crown Land. 3. For a communications facility. 4. For a public utility. 5. For a wayside pit or quarry. 6. For a water access lot or island. 7. For any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking, mountain biking or similar activities, and 8. Where all other applicable zone regulations are met. 4.9.2 Exception for Existing Agreements 1. Despite Section 4.9.1 where a development or subdivision agreement exists between the Municipality and a land owner and is registered on title, access to an unassumed, unopened or unmaintained public easement shall be deemed to comply to the provisions of this section, provided that the development is in conformity with the zone regulations set out in the corresponding zone or any exception thereto. Town of Bruce Mines Zoning By-law File P-2940 Page 93 2. Despite Section 4.9.1, where a legal easement registered on title and provides for an easement to an existing lot which is developed for a single detached dwelling or seasonal dwelling as of the date of approval of this By-law, such uses shall be deemed to comply with the provisions for access of this By-law. 4.10 Group Homes A group home shall be permitted in all residential zones. 4.11 Home Based Businesses 4.11.1 Scope of Permitted Home Based Businesses The following home based businesses shall be permitted in any zone where a home based business is permitted: 1. Professional and consulting services including but not limited to an architect, engineer, financial advisor, accountant, consultant, legal services, physician, teleworker. 2. Instructional services include but not limited to music lessons, dance, art, academic tutoring. 3. Home craft businesses including but not limited to quilter, potter, jeweler, painter/visual artist, small scale assembler. 4. A Day nursery or private home day care. 5. Distribution sales office, mail order sales or on-line sales and services including but not limited to cosmetics, clothing or small household appliances provided the product or service delivery is primarily from an off-site non- residential location. 6. An office for a contractor and trades plumber, electrician. 7. Repair services including but not limited to small appliances, computers and not including auto repair and similar services. 8. High technology uses including but not limited to internet services, office call center services, desktop publishing, computer hardware and software development. Town of Bruce Mines Zoning By-law File P-2940 Page 94 9. Personal care services including but not limited to a hairdresser, barber, massage therapist, aesthetician. 10. Sale of bait for recreational fishing purposes. 11. Pet grooming establishment, but not including overnight keeping of animals. 12. A Catering establishment. 13. A Studio. 14. Seed sales 15. Gun repairs 16. Home based businesses shall not include a cannabis retail store or dispensary or a licensed cannabis production facility. 4.11.2 Zone Regulations for Home Based Businesses 1. The home based business shall be clearly accessory to the main permitted residential use. 2. A maximum of two (2) home based businesses shall be permitted in a dwelling. 3. The residential external character of the dwelling shall not be changed. 4. The business(es) shall be conducted entirely within the dwelling in an R1 and MR Zone, but shall be permitted to be operated in an accessory building or structure in a Rural (R) Zone provided that the home based business does not occupy more than 140 m2 [1,506 ft.2] of the accessory building or structure. 5. The home based business shall be operated by the owner or occupant of the dwelling on the lot on which the home based business is operated. 6. The home based business shall not create a public nuisance in regard to noise, traffic, parking or health safety. 7. The business(es) shall be legal and must have obtained the necessary permits or licenses from the Corporation and any other applicable government body having jurisdiction. Town of Bruce Mines Zoning By-law File P-2940 Page 95 8. The home based business(es) shall cumulatively not occupy more than 25% of the net floor area of the dwelling. 9. No outdoor storage shall be permitted. 10. Only one (1) sign shall be permitted to advertise the home based business(es). The sign shall not exceed 1 m2 [10.7 ft.2] in surface area. The permitted sign may be a free-standing sign in a front or exterior side yard or may be attached to the wall of a permitted building or structure. The sign may be illuminated where the illumination is directed onto the sign and complies with Section 4.13 of this By-law. Signs may also be subject to any sign By-law enacted by the Municipality under the Municipal Act. 11. Parking for home based business(es) shall comply with Section 4.22 of this By-law. 4.12 Home Industries 4.12.1 Scope of Permitted Home Industries The following home industries shall be permitted in any Rural (R) Zone: 1. Any of the home based businesses listed in Section 4.11.1. 2. Any agri-tourism use to a permitted agricultural use including a home based business (as set out above), uses that produce value-added agricultural products from the farm operation on the property, a farm produce outlet, a welding or repair shop, commercial school bus or commuter transportation service, a Retail Sales Outlet for farm supplies and machinery or other home industry. 3. The sale of firewood. 4. An appliance repair. 5. Home industries shall not include a cannabis retail store or dispensary or a licensed cannabis production facility. 4.12.2 Zone Regulations for Home Industries 1. The home industry shall be clearly accessory to the main permitted residential use. Town of Bruce Mines Zoning By-law File P-2940 Page 96 2. A maximum of two (2) home based businesses or home industries or a combination thereof shall be permitted. 3. The residential external character of the dwelling shall not be changed. 4. The business(es) may be conducted within the dwelling or may be located in an accessory building or a combination of both if located in the Rural (R) zone. 5. The home industry business shall be operated by the owner or occupant of the dwelling on the lot on which the home industry business is operated. 6. The home industry business shall not create a public nuisance in regard to noise, traffic, parking or health safety. 7. The business(es) shall be legal and must have obtained the necessary permits or licenses from the Corporation and any other applicable government body having jurisdiction. 8. No outdoor storage shall be permitted except for the storage of firewood. 9. The home industry(ies) shall cumulatively not occupy more than 25% of the net floor area of the dwelling. Where the business is located in an accessory building the net floor area occupied by the business shall not exceed 140 m2 [1,506 ft.2]. 10. Only one (1) sign shall be permitted to advertise the home industry business(es). The sign shall not exceed 1 m2 [10.7 ft.2] in surface area. The permitted sign may be a free-standing sign in a front or exterior side yard or may be attached to the wall of a permitted building or structure. The sign may be illuminated where the illumination is directed onto the sign and complies with Section 4.13 of this By-law. Signs may also be subject to any sign By-law enacted by the Municipality under the Municipal Act. 11. Parking for home industry business(es) shall comply with Section 4.22 of this By-law. 4.13 Illumination Illumination of buildings, structures and grounds shall be permitted provided: 1. Illumination does not cause direct or indirect glare on a street or private road that may interfere with traffic or pedestrian safety. Town of Bruce Mines Zoning By-law File P-2940 Page 97 2. Illumination does not consist of a colour or be so designed or located that it may be confused with traffic signals. 3. Illumination does not cause direct or indirect glare on land or buildings or structures on any adjacent property that creates a public health or safety issue. 4.14 Kennel A kennel shall only be permitted in the Rural (R) Zone. 4.15 Land Suitability For Use Despite any other provision of this By-law, no habitable building or structure shall be erected, altered or used on hazardous lands. 4.16 Licenses, Permits and Other By-laws Nothing in this By-law shall exempt any person from complying with requirements of the Building By-law or any other By-law in force within the Municipality or from obtaining any permit, license, permission, authority or approval required by this or any other By- law of the Town of Bruce Mines or by any other provincial or federal law in force from time to time. 4.17 Loading/Delivery Space Regulations For every building or structure erected for a commercial, institutional or industrial land use involving the receiving, shipping or unloading of merchandise or other goods, loading/delivery spaces shall be required in accordance with the following zoning regulations: 1. Minimum loading/delivery space height clearance ..................... 4.25 m [13.9 ft.] 2. Minimum loading/delivery space width ...................................... 3.75 m [12.3 ft.] 3. Minimum loading/delivery space length ....................................... 10 m [32.8 ft.] 4. Minimum aisle or driveway width leading to a loading/delivery space: 6m [19.7 ft.] 5. Minimum no. of loading/delivery spaces: 0 for net floor area less than 200 m2 [2,153 ft.2]. 6. Minimum no. of loading/delivery spaces: 1 for net floor area of 200 m2-1,000 m2 [2,153 ft.2- 10,764.2 ft2]. 7. Minimum no. of loading/delivery spaces: 1 for each additional 1,000 m2 [10,764.2 ft2]. 8. All loading/delivery spaces shall be located within the property boundaries (lot lines) of the lot on which they are located. 9. Minimum setback of any required loading/delivery space from any lot line shall be 3 m [9.84 ft.]. Town of Bruce Mines Zoning By-law File P-2940 Page 98 10. The loading/delivery space regulations shall not apply to existing buildings or structures, but shall apply to any increase in the net floor area of an existing building or structure after the date of the passing of this By-law. 4.18 Minimum Distance Separation and Special Setbacks Despite the zoning regulations in this By-law, no person shall use any land, building or structure unless the use, building or structure complies with the following 4.18.1 Waste Management Facility 1. No development or land use shall be permitted within 30 m [98.4 ft.] of the licensed fill area of an active waste management facility. 2. No waste management facility shall be permitted within 30 m [98.4 ft.] from the high-water mark of any water body or wetland. 3. No waste management facility shall be permitted on land covered by water or in any area subject to flooding. 4.18.2 Pits and Quarries 1. No sensitive land use shall be permitted within 70 m [230 ft.] of the zone boundary of a pit measured as the shortest horizontal distance between the lot line of the sensitive land use and the zone boundary of the pit or the nearest face of the excavation, whichever is the closest. 2. No sensitive land use shall be permitted within 300 m [984 ft.] of a quarry measured as the shortest horizontal distance between the lot line of the sensitive land use and the zone boundary of the quarry or the nearest face of the excavation, whichever is the closest. 4.18.3 Industrial Uses 1. Class I Industrial - Light Industrial: The minimum separation distance from a sensitive land use and a Class I Industrial use shall be 20 m [65.6 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class I Industrial Use. 2. Class II Industrial - Medium Industrial: The minimum separation distance from a sensitive land use and a Class II Industrial use shall be 70 m [230 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class II Industrial Use. 3. Class III Industrial - Heavy Industrial: The minimum separation distance from a sensitive land use and a Class III Industrial use shall be 300 m [984.2 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class III Industrial Use. Town of Bruce Mines Zoning By-law File P-2940 Page 99 4. Where an industrial use or sensitive land use is an existing use and an expansion or extension is proposed, the minimum separation distance for a Class I, II or III Industry shall be measured from the nearest main wall of the building or structure occupied by the sensitive land use and the nearest main wall of the building, structure, processing area, assembly or manufacturing area occupied by the industrial use. 4.18.4 Minimum Distance Separation Formulae I and II 1. The Minimum Distance Separation Formulae I and II of the Ministry of Agriculture, Food and Rural Affairs shall apply to new or expanding livestock facilities and the establishment of residential uses or vice versa on properties adjacent or in proximity to livestock operations, but shall not apply between a dwelling and a livestock facility on the same lot. 2. Any new sensitive land use located on a lot greater than 1 ha [2.47 ac] created after the date of passing of this By-law shall comply with the Minimum Distance Separation Formulae I as amended by the Province from time to time, where applicable. The Minimum Distance Separation Formulae I shall not apply to existing lots of record 1 ha [2.47 ac] or less. 3. Despite anything in this By-law to the contrary, where an existing sensitive land use that does not comply with the Minimum Distance Separation Formulae I is destroyed or rendered uninhabitable by fire or other natural cause, the building or structure may be reconstructed where the new building or structure is located no closer to a livestock facility than the original building or structure and the gross floor area and height are not increased. 4. The Minimum Distance Separation Formulae I shall not apply to the erection of a new dwelling that does not comply with the Minimum Distance Separation Formulae I where there are four or more existing non- farm uses closer to the subject livestock facility provided that the new dwelling is not constructed closer to the livestock facility than the four or more existing non-farm uses. 5. The Minimum Distance Separation Formulae I shall not apply to the construction of accessory buildings and structures to a permitted existing dwelling on the property (e.g., deck, garage, gazebo, greenhouse, picnic area, patio, shed). 6. The Minimum Distance Separation Formulae I shall not apply to proposed non-agricultural uses within an approved settlement area. Town of Bruce Mines Zoning By-law File P-2940 Page 100 7. The Minimum Distance Separation Formulae I shall not apply to any cemetery that is closed to further use or receives low levels of visitation. 4.18.5 Water Bodies 1. Subject to Section 4.8, the minimum setback from the high-water mark for dwelling, a non-residential or accessory building or structure or an individual on-site sewage service shall be 30 m [98.4 ft.] except for a marine facility. The setback shall be measured as the shortest horizontal distance from the nearest main wall of the building or the edge of the filter bed/tile bed to the high-water mark. 2. A shoreline buffer zone shall be maintained between the high-water mark and any permitted use, building or structure except a marine facility in an R Zone. 4.18.6 Wetland No dwelling, non-residential or accessory building or structure or an individual on-site sewage service shall be permitted within 30 m [98.4 ft.] of the boundary of a significant wetland or fish habitat. 4.19 Non-Conforming Uses 4.19.1 Continuance of Existing Uses Nothing in this By-law shall apply 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 the By- law so long as it continues to be used for that purpose. The non-conforming use of any land, building or structure shall not be changed or enlarged except to a use which is in conformity with the provisions of the zone in which the land, building or structure is located, or without permission from the Committee of Adjustment pursuant to the Planning Act. 4.19.2 Prior Building Permits Nothing in this By-law shall prevent the erection or use of any building or structure for which a building permit has been issued under the Building Code Act prior to 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 under the Building Code Act. 4.19.3 Road Widening Nothing in this By-law shall prevent the use of any land, building or structure or the erection of any building or structure on a lot which does not comply to the minimum lot frontage and/or lot area and/or front yard setback and in the case of a corner lot, the exterior side yard setback, as a result of a road widening taken Town of Bruce Mines Zoning By-law File P-2940 Page 101 by the Town of Bruce Mines or the Ministry of Transportation of Ontario, provided all other requirements of this By-law are complied with. 4.19.4 Reconstruction of Existing Use Nothing in this By-law shall prevent the reconstruction or strengthening to a safer condition of any non-complying building or structure which is destroyed or rendered uninhabitable by fire or other natural cause, provided the height and gross floor area are not increased, and the new building or structure is erected or on the same building footprint. An existing non-complying building or structure may be renovated only, provided the renovation does not further reduce any zoning regulations or increase the gross floor area. 4.19.5 Addition to Existing Building or Structure Nothing in this By-law shall prevent the extension or addition to a building or structure which is used for a purpose specifically permitted within the zone in which such building or structure is located and which building or structure existed at the date of passing of this By-law but which building or structure does not comply with one or more of the zone regulations of this By-law, provided such extension or addition does not further reduce the regulations of this By-law. 4.19.6 Existing Undersized Lots Despite anything else contained in this By-law, where a vacant lot having a lesser lot frontage and/or lot area than is required by this By-law is held under distinct and separate ownership from adjoining lots, according to the register for land in the Land Titles, or Registry Office, on the date of the passing of this By- law, it may be used for a purpose permitted in the zone in which the said lot is located, provided that no such lot has a lot area of less than 2,000 m2 [21,529 ft.2] in a Rural (R) Zone or cannot be adequately serviced with water and sewage services and provided all other applicable zone regulations in this By- law are complied with. This section shall not apply to the minimum lot area required for an additional residential unit. 4.20 Occupancy Restrictions Human habitation shall not be permitted in any of the following buildings, structures, or parts thereof: 1. Any private garage or other building or structure which is accessory to a residential use except where the accessory building or structure is converted to an additional residential unit in compliance with Section 4.1.2.4 of this By-law. 2. Any truck, bus, coach or streetcar body whether or not the same is mounted on wheels. Town of Bruce Mines Zoning By-law File P-2940 Page 102 4.21 Open Storage and Outdoor Display No person shall use any lot or part thereof for open storage, or outdoor display except as permitted by this By-law and as an area which has been specifically designed and set aside for such purpose, is fully integrated with the principle use of the lot and is in accordance with the following: 1. Open storage shall not be permitted within any required front yard and no closer than 5 m [16.4 ft.] to any interior side lot line or rear lot line. 2. Where open storage areas abut a residential zone (see Section 5.2 for list of zones), the required setback of the open storage area shall be increased 10 m [32.8 ft.] and shall also be visually screened from any residential use. 3. An outdoor display area shall be permitted as an accessory use to any permitted commercial use, industrial use or public service use provided that the outdoor display area does not reduce any required parking area or loading space required by this By-law. All outdoor display areas shall be setback a minimum of 3 m [9.84 ft.] from any front lot line or interior side lot line. Despite the above, seasonal sales of Christmas trees or a temporary (i.e., weekend) or a yard sale shall be permitted to occupy a designated parking area. 4.22 Parking, Motor Vehicles, Bicycles and Drive-Through Facilities 4.22.1 General 1. Except as provided herein, no motor vehicles shall be parked or stored in any zone (see Section 5.2 for list of zones) unless the motor vehicle is located within a garage, carport, driveway, parking area, or located on a street as permitted by Municipal By-law. 2. No parking space in a residential zone (see Section 5.2 for list of zones) shall be used for the outdoor parking or storage of a motor vehicle unless such motor vehicle is used in operations incidental to the residential use of the lot on which it is parked or stored and bears a motor vehicle license plate or sticker which is currently valid. 3. Any recreational vehicle which is self-propelled or does not require to be transported on a trailer shall be permitted in a residential zone (see Section 5.2 for list of zones) provided it is parked in a permitted parking space or is located in an interior side yard or rear yard. 4. Each standard parking space or vehicle space in a stacking lane shall have a minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18 ft.] and Town of Bruce Mines Zoning By-law File P-2940 Page 103 each barrier-free parking space shall have a minimum width of 3 m [9.8 ft.] and a minimum length of 6 m [19.7 ft.]. 5. Unless permitted elsewhere in this By-law, where two or more uses are permitted in any one building or structure on any lot, then the off-street parking regulations for each use shall be calculated as if each use is a separate use, and the total number of off-street parking spaces so calculated shall be provided. 6. The regulations for parking spaces shall not apply to any building or structure in existence at the date of passing of this By-law so long as the gross floor area, as it existed at such date, is not increased and no change in use occurs. If an addition is made to the building or structure which increases the gross floor area or a change in use occurs than parking spaces for the addition or area changed in use shall be provided. 7. Supplementary regulations for parking spaces for dwellings in residential zones (see Section 5.2 for list of zones) shall be as follows; a. The driveway and parking space shall be constructed of crushed stone, asphalt paving, concrete, paver stones or similar materials. b. No more than fifty percent (50%) of the area of any required front yard shall be used or constructed as a driveway or parking space. c. No more than fifty percent (50%) of the lot frontage as defined by this By-law shall be used or constructed as a driveway or parking space. 8. Supplementary regulations for a parking area for more than four motor vehicles shall be as follows: a. The parking area shall be constructed of crushed stone, asphalt paving, concrete, paver stones, or similar materials. b. Ingress and egress directly to and from every parking space shall be by means of a driveway, lane or aisle having a width of at least 6 m [19.7 ft.] for two-way traffic and 4 m [13.1 ft.] for one-way traffic where parking is angled. c. A driveway or lane which does not provide ingress and egress directly to a parking space, shall have a minimum width of 3.5 m [11.4 ft.] where designed for one-way vehicular circulation or 6 m [19.7 ft.] where designed for two-way vehicular circulation. 9. Where the calculation of the minimum number of parking spaces required results in a fraction, the minimum requirement shall be the next higher whole number. Town of Bruce Mines Zoning By-law File P-2940 Page 104 4.22.2 Barrier Free Parking One barrier free parking space shall be required for any use requiring 10 standard parking spaces or more and barrier free parking spaces shall be provided at a ratio of one barrier free parking space for each 25 standard parking spaces and shall be included as part of the total number of standard parking spaces required. 4.22.3 Drive-through Facilities Despite any other zone regulation in this By-law, where a use of land, building or structure incorporates a drive-through facility, the following zone regulations shall apply: 1. A drive-through facility shall be a in the GC and LC Zones. permitted use 2. A drive-through facility is a principle use in combination with another permitted use and shall comply with the zone regulations in the zone in which the drive-through facility is located. 3. The minimum dimensions of a queuing space in a queuing lane shall be 2.7 m x 6 m [8.85 ft. x 19.7 ft.]. 4. No part of any order station shall be located closer than 10 m [32.8 ft.] from the property boundary of any property occupied by or zoned for a residential use. 5. All drive-through facilities shall comply with the zone regulations for parking areas set out in Section 4.22 of this By-law. 6. Queuing lanes for any drive-through facility shall be designed to accommodate eight (8) vehicles. 4.22.4 Bicycle Storage Any building, (except an existing building), with a net floor area of 250 m2 [2,691 ft.2] used for a commercial use shall install a bicycle storage rack designed to securely store a minimum of ten (10) bicycles, and such bicycle storage rack shall be located within 15 m [49.2 ft.] of the main entrance of the building. 4.22.5 Schedule for Parking Regulations In any zone, the owner or occupant of any building or structure erected, enlarged or changed in use after the date of passing of this By-law shall provide off-street parking spaces in accordance with the minimum number of parking spaces set out in Table 4.22 as follows: Town of Bruce Mines Zoning By-law File P-2940 Page 105 Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Residential: - Accessory dwelling - Guest House - Mobile home - Seasonal dwelling - Semi-detached dwelling - Single-detached dwelling 2 spaces per dwelling Residential: - Apartment dwellings - Multiple dwelling - Row or townhouse - Triplex dwelling 1.5 spaces per dwelling unit, 15% of which shall be reserved as visitor parking Residential: - Bachelor dwelling unit - Boarding house - Dormitory - Garden suite - Additional Residential Unit - Senior citizen dwelling - Tiny House - 1 space per dwelling unit, or 1 space per 38 m2 [409 ft.2] whichever is greater - Dormitory or boarding house: 1 space per occupant Animal Shelter 1 space per 30 m2 [322.9 ft.2] of gross floor area Auto body shop, auto repair shop, automotive service station, gas bar 3 spaces per service bay plus 1 space per employee; minimum 6 spaces Town of Bruce Mines Zoning By-law File P-2940 Page 106 Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Assembly hall, auction hall, auditorium, banquet facility, dance hall, entertainment establishment, stadium, theatre and similar places of assembly, place of worship The greater of 1 space for every 4 seats or 1 space for every 12 m2 [129.1 ft.2] of assembly space Bed and Breakfast Establishment 1 space for each guest room available to the travelling public in addition to the required parking for the dwelling Building supply store, lumber yard, equipment and vehicle storage yard 1 space for each 22 m2 [236.8 ft.2] of gross floor area and 1 space for each 35 m2 [376.2 ft.2] of open storage Clinic 3 spaces per medical practitioner Convenience store 1 space per 18 m2 [193.7 ft.2] of gross floor area Continuum-of-Care Facility 1 space for every 6 patient beds plus 1 space for every 4 employees Crisis Care Facility 2 spaces minimum in addition to the required parking for a dwelling or if not located in a dwelling, 1 space per 38 m2 [409 ft.2] of gross floor area Day nursery 1 space per employee and 1 space per 5 children or 1 space for every 15 children registered or fraction thereof Town of Bruce Mines Zoning By-law File P-2940 Page 107 Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Drive-through facility 1 space per 10 m2 [107.64 ft.2] of gross floor area Equipment Rental Establishment, Equipment Sales, Service and Repair Establishment 1 space per 35 m2 [376.7 ft.2] of open storage or gross sales area plus 1 space per employee Commercial Greenhouse, Nursery or Garden Centre 1 space per 30 m2 [322.9 ft.2] of gross floor area General business, antique store, retail store, grocery store, commercial and personal service establishment, office, meeting rooms, office, service outlet, 1 space per 28 m2 [301.3 ft.2] of gross floor area Group Home 2 spaces plus the required parking for the dwelling Home Based Business, Home Industry A minimum of one (1) space and a maximum of three (3) spaces shall be permitted in addition to the required parking for the dwelling Hotel, Motel, tourist establishment 1 space per guest unit, plus 1 space per 12 m2 [129.1 ft.2] of gross floor area dedicated to administrative, banquet and meeting facilities Industrial use, abattoir, agricultural- related use, bakery 1 space per 30 m2 [322.9 ft.2] of gross floor area Town of Bruce Mines Zoning By-law File P-2940 Page 108 Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Place of amusement, recreational commercial establishment 1 space for every 4 persons that can be accommodated Place of worship 1 space for every 5 seats, fixed or otherwise Restaurant, Tavern 1 space per 10 m2 [107.64 ft.2] School - elementary 1.5 space per classroom plus 6 spaces for visitors School - secondary or private 4 space per classroom plus 8 spaces for visitors 4.23 Parts of Buildings or Structures Permitted Above Height Level 1. The height regulations in this By-law shall not apply to any of the following: a. Air conditioning system b. Chimney c. Church spire or belfry or turret d. Communications facility e. Drying tower f. Elevator or stairway enclosure g. Enclosed mechanical and electrical equipment h. Farm buildings and structures including but not limited to a barn, silo or windmill i. Flag pole j. Hydro electric transmission tower or pole k. Ornamental dome or clock tower l. Receiving and transmitting antenna m. Receiving stations n. Satellite dish/receiver o. Skylight p. Solar collector/commercial solar collector q. Ventilating fan or skylight Town of Bruce Mines Zoning By-law File P-2940 Page 109 r. Water tower s. Wind Turbine/commercial wind turbine 2. The minimum setbacks in all directions for a communications facility shall be the equivalent of the height of the tower except where such facility is authorized and/or approved by Industry Canada. 4.24 Permitted Projections Every part of any yard required by this By-law shall be left open and unobstructed by any structure from the ground to the sky except that those structures listed in Table 4.24 shall be permitted to project into the minimum yards required by this By-law for the following specified distances: Table 4.24 - Permitted Projections STRUCTURE MAXIMUM PROJECTION INTO REQUIRED YARD Chimney breasts, cornices, sills, bay windows, pilasters, eaves or gutters, solar collectors where attached to a building, shutters cornices, parapets or other ornamental structures 0.75 m [2.46 ft.] into any required front yard, rear yard or interior side yard Canopies which are at least 2.13 m (7 ft.) in vertical clearance above the established grade, with or without supporting posts 2 m [6.5 ft.] into any required yard Canopies for entrances to apartment buildings and commercial buildings Despite any other provisions in this By-law, a canopy or portico over a major entrance to an apartment building or commercial building may project into the required yard a distance equal to one-half (½) the setback of the building from the street line Window awnings 1.2 m [3.9 ft.] into any required yard Steps, ramps for use by handicapped, and walkways No maximum into any required yard Town of Bruce Mines Zoning By-law File P-2940 Page 110 Table 4.24 - Permitted Projections STRUCTURE MAXIMUM PROJECTION INTO REQUIRED YARD Porch, uncovered platform landing, patio or deck, balconies or steps No maximum into any side yard and 3 m [9.8 ft.] into any required front or rear yard Air conditioner 0.5 m [1.6 ft.] into any yard Fire escapes, exterior stair cases from a building having two storeys or more above grade 1.5 m [4.92 ft.] into an interior side or rear yard only Heat pump 1.5 m [5 ft.] into an interior side yard or rear yard Accessory building As permitted by and as specified in this By- law Fences, hedges, shrubs, trees, freestanding walls, flagpoles, light standards, garden trellises, clothes lines, bicycle racks and similar structures or features No restrictions apply except with respect to a sight triangle 4.25 Sight Triangle 1. Within any area defined as a sight triangle, the following uses shall be prohibited: Town of Bruce Mines Zoning By-law File P-2940 Page 111 a. A building, structure, or use which would obstruct the vision of drivers of motor vehicles. b. A fence, tree, hedge, bush or other vegetation, other than agricultural crops. c. Any portion of a delivery space, loading space, driveway or parking space. d. A berm or other ground surface which exceeds the elevation of the street by more than 0.6 m [1.96 ft.]. 2. For the purposes of this By-law, the following sight triangle distances shall apply (see definition of sight triangle for measurement of distances): a. 15 m [49.2 ft.] in all commercial and industrial zones. b. 5 m [16.4 ft.] in all other zones. c. Despite the above in any zone where any street crosses a railway at the same grade the railway shall be deemed to be a street and a sight distance of forty-five metres (45 m [147.6 ft.]) shall be required measured from the point of intersection of the centre line of the railway easement and the street line abutting the lot [see Figure 4.3]. 4.26 Signs Unless otherwise stated in this By-law, signs shall be permitted only in accordance with the Signs By-law(s) of the Corporation. 4.27 Storage Containers No Storage Containers shall be permitted in any zones or on any properties within the corporate boundaries of the Town of Bruce Mines save and except on the Public Works Yard of the Corporation. 4.28 Streets, Parks, Playgrounds and Community Gardens In any zone established by this By-law, streets, walkways, bike paths, parks, playgrounds and community gardens are permitted. 4.29 Temporary Buildings or Structures During Construction Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure or a scaffold or other equipment essential to the construction in progress for which a building permit has been granted, but only until such time as the work has been finished or abandoned or such equipment is no longer required. In addition, temporary accommodation for a business which is intended to occupy a building or structure which is under construction with the work in progress on such building or structure may be temporarily permitted on the same lot in the form of a mobile, relocatable, portable or transportable building or structure provided: 1. Approval is obtained from the Corporation. Figure 4.3: Sight Triangle Town of Bruce Mines Zoning By-law File P-2940 Page 112 2. Such temporary accommodation is removed from the lot immediately upon completion of construction or abandonment of construction. 4.30 Use by Public Authority or Public Utility The provisions of this By-law shall not apply to limit the use of any land or to the erection or use of any building or structure for a utility installation or municipal infrastructure for the purpose of a public service by the Town of Bruce Mines and/or any public authority, any department of the Government of Ontario or Canada, including any Hydro One facilities and a federally or provincially regulated utility of communication service pursuant to the Planning Act, provided that where such land, building or structure is located in a residential zone (see Section 5.2 for list of zones) or on a lot adjacent to a residential zone: 1. No goods, materials or equipment shall be stored in the open. 2. The lot coverage and setback regulations of the zone in which such land, building or above ground structure is located shall be complied with. 3. Any building erected under the authority of this section shall not be used for the purpose of an office except for a government building. 4. The regulations for parking spaces and loading regulations as contained in this By- law shall be complied with. 5. Communications facilities shall comply with Industry Canada Standards for construction and safety. A communications facility shall only be permitted in a Rural (R) or Industrial (GM) Zone. 6. Secondary uses, such as active and passive recreation, agriculture, community gardens, other utilities, and uses such as parking areas and outdoor storage that are accessory to adjacent land uses, are encouraged on hydro corridor lands, where compatible with surrounding land uses. However, a proponent should be aware of the primacy of electricity transmission and distribution facilities and that secondary uses require technical approval from Hydro One Networks Inc. 4.31 Water and Sewage Disposal Systems No person shall erect or use in whole or in part, any building or structure unless the use, building or structure is properly connected to approved water and sewage systems under the Ontario Water Resources Act or the Building Code Act unless the use is exempted under the Building Code Act or prohibited or regulated by this By-law. Town of Bruce Mines Zoning By-law File P-2940 Page 113 Section 5 ZONES 5.1 Zone Classification For the purposes of this By-law, the Town of Bruce Mines is divided into the following zones as named and described in the following sections, the boundaries of which are shown on the attached Schedules which are attached to and form part of this By-law. 5.2 Zones Zones Name of Zone Zone Symbol Residential Zones Residential Low Density R1 Multiple Residential MR Commercial Zones General Commercial GC Local Commercial LC Industrial Zones Light Industrial GM Mineral Extraction MX Waste Disposal MWD Other Zones Rural R Open Space OS Heritage H Mine Hazard MH Natural Heritage Features NHF Town of Bruce Mines Zoning By-law File P-2940 Page 114 5.3 Use of Zone Symbols The symbols listed in Section 5.2 may be used to refer to any of the uses of land, buildings or structures permitted by this By-law (including the zoning schedules) in the said zones, and the intent of the By-law is that the associated zone regulations apply. 5.4 Holding Zone "h" Designation Any zone classification may be placed in a Holding Zone by adding to the zone symbol the letter "h". No development is permitted on lands where the "h" symbol appears until the applicable conditions have been met and the "h" is lifted by an amendment to this By-law under Section 36 of the Planning Act. 5.5 Interpretation of Zone Boundaries When determining the boundary of any zone as shown on any Schedule forming part of this By-law, the following provisions shall apply: 1. A boundary indicated as following a highway, street, private road or lane shall follow the centre line of such highway, street, private road or lane. 2. A boundary indicated as following a water body or the easement of a railway or an electrical, gas or oil transmission line shall follow the centre line of such water body or easement. 3. A boundary indicated as following the high-water mark shall follow such high-water mark, and in the event of a change in the high-water mark, the boundary shall be construed as moving with the actual high-water mark. 4. A boundary indicated as approximately following lot lines shown on a Registered Plan of Subdivision, or Reference Plan, or Town or Township boundary lines shall follow such lot lines. 5. Where a boundary is indicated as approximately parallel to a street line or other feature, indicated in clause (1), (2), and (3) above, and the distance from such street line or other feature is not indicated, and clause (4) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance there from shall be determined according to the scale shown on the appropriate Schedule. 6. A boundary indicated as following the limits of the Municipality shall follow such limits. 7. In the event a dedicated street, lane or easement shown on any Schedule forming part of this By-law is closed, the property formerly in such street, lane or easement Town of Bruce Mines Zoning By-law File P-2940 Page 115 shall be included within the zone of the adjoining property on either side of such closed street, lane or easement. If a closed street, lane or easement is the boundary between two or more different zones the new zone boundaries shall be the former centre line of the closed street, lane or easement. 8. Where any zone boundary or a dimension is left uncertain after the application of the above provisions, then the boundary or dimension shall be determined from the zoning schedule using the scale bar thereon. Town of Bruce Mines Zoning By-law File P-2940 Page 116 Section 6 RESIDENTIAL LOW DENSITY (R1) ZONE No person shall use any land or erect, alter or use any building or structure in the Residential Low Density (R1) Zone except in accordance with the following zone regulations. 6.1 Permitted Uses 6.1 - R1 Permitted Uses Principle Use Accessory Use Single Detached Dwelling An Existing Mobile Home - Accessory use, building or structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Additional Residential Unit (see 4.1.2.4) - Bed & Breakfast Establishment (see 4.1.3) - Boat Houses (see 4.1.4) - Docks (see 4.1.5) - Fence (see 4.1.6) - Garden Suite (see 4.1.9) - Home Based Business (see 4.11) - Private Home Day Care - Swimming Pool (see 4.1.11) - Temporary Car Shelter (see 4.1.12) Group Home (see 4.10) - Accessory use, building or structure (see 4.1.1) - Fence (see 4.1.6) - Swimming Pool (see 4.1.11) - Temporary Car Shelter (see 4.1.12) Institutional Use - Accessory use, building or structure (see 4.1.1) - Fence (see 4.1.6) - Temporary Car Shelter (see 4.1.12) Park, Playground, Community Garden (see 4.28) - Accessory use, building or structure (see 4.1.1) Public Service Use (see 4.30) - Accessory use, building or structure (see 4.1.1) Renewable Energy System - Accessory use, building or structure (see 4.1.1) s Town of Bruce Mines Zoning By-law File P-2940 Page 117 6.2 Zone Regulations 6.2 - R1 Zone Regulations Single Detached Dwelling, Group Home Institutional Use, Non-Residential Use Accessory Use, Building or Structure Minimum Lot Area 550 m2 [5,920.3 ft.2] 1,500 m2 [16,146.3 ft.2] n/a Minimum Lot Frontage: 18 m [59 ft.] 35 m [358 ft.] n/a Minimum Front Yard 7.5 m [24.6 ft.] 10 m [32.8 ft.] 7.5 m [24.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 10 m [32.8 ft.] 1.5 m [3.4 ft.] Minimum Interior Side Yard 2 m [6.5 ft.] 3 m [9.84 ft.] 1.5 m [3.4 ft.] Minimum Exterior Side Yard 7.5 m [24.6 ft.] 10 m [32.8 ft.] 7.5 m [24.6 ft.] Maximum Height 10 m [32.8 ft.] 10 m [32.8 ft.] 6 m [19.7 ft.] Maximum Lot Coverage 35% 35% 10% included in total Maximum No. Dwellings per lot (excluding a Garden Suite) 1 n/a n/a Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] 6.3 Additional Zone Regulations 1. A garden suite shall be subject to a Temporary Use By-law under Section 39 of the Planning Act and shall only be permitted as an accessory use to a single detached dwelling (see Section 4.1.9). 2. An additional residential unit shall be permitted (see Section 4.1.2.4) as an accessory dwelling unit in a single detached dwelling. Town of Bruce Mines Zoning By-law File P-2940 Page 118 3. A park or playground shall not be subject to minimum lot area or lot frontage zone regulations but shall comply with all other setbacks set out in Section 6.2 4. A mobile home is a permitted use on the following lots on Laird Street: 246, 247, 249, 250, 257, 258, 259, 316, 317, 318, 319 and 320. Any expansion of a mobile home shall comply with the applicable regulations set out in Section 6.2 for a single detached dwelling. 5. All applicable provisions of Section 4 - General Provisions shall apply. 6. All development shall be serviced with municipal sewage services and municipal water services. 6.4 Zone Exceptions 1. Despite the provisions of Section 6.2, on lands legally described as Lot 176, Plan 625 and zoned Residential Low Density Special Exception One (R1-X1) Zone, the following shall apply: That the permitted use of the property shall include a private garage as defined notwithstanding that the main building has not been constructed on the lot. Town of Bruce Mines Zoning By-law File P-2940 Page 119 Section 7 MULTIPLE RESIDENTIAL (MR) ZONE No person shall use any land or erect, alter or use any building or structure in the Multiple Residential (MR) Zone except in accordance with the following zone regulations. 7.1 Permitted Uses 7.1 - MR Permitted Uses Principle Use Accessory Use Apartment Dwelling Converted Dwelling Duplex Dwelling Multiple-Unit Dwelling Row/Townhouse Dwelling Semi-detached Dwelling Triplex Dwelling Two-Unit Dwelling - Accessory use, building or structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Additional Residential Unit (see 4.1.2.4) to a semi- detached dwelling and a Row/Townhouse Dwelling only - Fence (see 4.1.6) - Private Home Day Care - Swimming Pool (see 4.1.11) - Home Based Business (see 4.11) - Temporary Car Shelter (see 4.1.12) Group Home (see 4.10) - Accessory use, building or structure (see 4.1.1) - Fence (see 4.1.6) - Swimming Pools (see 4.1.11) Continuum-of-Care Facility - Accessory use, building or structure (see 4.1.1) - Fence (see 4.1.6) - Swimming Pool (see 4.1.11) Park, Playground, Community Garden (see 4.28) - Accessory use, building or structure (see 4.1.1) Public Service Use (see 4.30) - Accessory use, building or structure (see 4.1.1) Renewable Energy System - Accessory use, building or structure (see 4.1.1) Town of Bruce Mines Zoning By-law File P-2940 Page 120 7.2 Zone Regulations 7.2 - MR Zone Regulations Two-Unit Dwelling, Duplex Dwelling, Semi- detached Dwelling Row or Townhouse Dwelling Apartment Dwelling, Multiple Unit Dwelling, Triplex Dwelling, Multiple Unit Dwelling, continuum-of- Care Facility Accessory Use, Building or Structure Minimum Lot Area 550 m2 [5,920.3 ft.2] - 800 m2 [8,611 ft.2] for first 4 units + 200 m2 [2,153.3 ft.2] for each additional unit - 800 m2 [8,611 ft.2] for first 4 units + 200 m2 [2,153.3 ft.2] for each additional unit - Continuum-of- Care Facility: 800 m2 [8,611 ft.2] + 80 m2 [861.1 ft.2] for each bedroom over 12 units n/a Minimum Lot Frontage 18 m [59 ft.] 6 m [19.7 ft.]/ dwelling unit; minimum 18 m [59 ft.] 30 m [92.8 ft.] n/a Minimum Front Yard 6 m [19.7 ft.] 6 m [19.7 ft.] 6 m [19.7 ft.] 6 m [19.7 ft.] Minimum Rear Yard 6 m [19.7 ft.] 6 m [19.7 ft.] 6 m [19.7 ft.] 1.5 m [3.4 ft.] Town of Bruce Mines Zoning By-law File P-2940 Page 121 7.2 - MR Zone Regulations Two-Unit Dwelling, Duplex Dwelling, Semi- detached Dwelling Row or Townhouse Dwelling Apartment Dwelling, Multiple Unit Dwelling, Triplex Dwelling, Multiple Unit Dwelling, continuum-of- Care Facility Accessory Use, Building or Structure Minimum Interior Side Yard 2 m [6.56 ft.] [see Section 7.3(1)] 2 m [6.56 ft.] [see Section 7.3(1)] 2 m [6.56 ft.] 1.5 m [3.4 ft.] Minimum Exterior Side Yard 6 m [19.7 ft.] 6 m [19.7 ft.] 6 m [19.7 ft.] 6 m [19.7 ft.] Maximum Height 10 m [32.8 ft.] 10 m [32.8 ft.] 10 m [32.8 ft.] 6 m [19.7 ft.] Maximum Lot Coverage 30% 30% 30% 10% included in total Maximum Number of Dwellings per Lot 1 two-unit, duplex or semi- detached dwelling plus an additional residential unit as prescribed in Section 4.1.2.4 1 row or townhouse dwelling (unlimited dwelling units) plus an additional residential unit as prescribed in Section 4.1.2.4 n/a n/a Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] Town of Bruce Mines Zoning By-law File P-2940 Page 122 7.3 Additional Regulations 1. The minimum interior side yard shall not apply to the common wall of a row or townhouse dwelling or a semi-detached dwelling. 2. The zone regulations of Section 6.2 shall apply to any institutional use or non- residential use. 3. A park or playground shall not be subject to minimum lot area or lot frontage zone regulations but shall comply with all other setbacks set out in Section 6.2. 4. All applicable zone regulations of Section 4 - General Provisions shall apply. 5. All development shall be serviced with municipal sewage services and municipal water services. Town of Bruce Mines Zoning By-law File P-2940 Page 123 Section 8 GENERAL COMMERCIAL (GC) ZONE No person shall use any land or erect, alter or use any building or structure in the General Commercial (GC) Zone except in accordance with the following zone regulations. 8.1 Permitted Uses 8.1 - GC Permitted Uses Commercial Uses - Ambulance Facility - Animal Day Care Establishment - Animal Shelter - Antique Store - Arcade - Auction Hall - Auto Body Shop - Automotive Sales Establishment - Auto Repair Garage - Automotive Service Station - Bake Shop - Bakery - Bank and Financial Institution - Bed and Breakfast Establishment - Bingo Hall - Brewery or Winery - Building Supply Store - Car Rental Agency - Car Wash - Catering Establishment - Clinic - Commercial Greenhouse, Nursery or Garden Centre - Commercial Parking Lot - Convenience Store - Custom Computer Assembly and Service Outlet - Custom Workshop - Day Nursery - Drive-Through Facility - Dry Cleaning or Laundry Outlet - Dwelling including all dwellings permitted in the R1 Zone - Entertainment Establishment - Equipment Rental Establishment - Farmer's Market - Fitness Centre - Funeral Home - Gas Bar - Hotel - Institutional Use - Laundromat - Marina - Massage Parlour - Microbrewery - Miniature Golf Course - Mixed Use Building - Motel - Museum - Office - Park, Community Garden - Personal Service Establishment - Pet Grooming Establishment - Place of Assembly - Place of Amusement - Printing and Processing Service Shop - Private Club - Public Service Use (see 4.30) - Recreational Commercial Establishment - Recreational Vehicle Sales and Storage - Renewable Energy System - Rental Store - Restaurant - Retail Sales Outlet - Retail Store - School - Self-Storage Facility - Service Outlet or Shop - Shopping Centre - Studio - Tavern - Taxi Stand - Tourist Establishment - Tourist Outfitters Establishment - Veterinary Establishment - Video Rental Outlet - Wellness Centre Town of Bruce Mines Zoning By-law File P-2940 Page 124 Accessory Uses Permitted Commercial Use - Accessory use, building or structure (see 4.1) - Drive-through Facility (see 4.22.3) - Fence (see 4.1.7) - Parking Area Permitted Residential Use - Accessory use, building or structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Bed & Breakfast Establishment (see 4.1.3) - Fence (see 4.1.6) - Garden Suite (see 4.1.9) - Home Based Business (see 4.11) - Private Home Day Care - Swimming Pool (see 4.1.11) - Temporary Car Shelter (see 4.1.12) Permitted Institutional Use - Accessory use, building or structure (see 4.1.1) - Fence (see 4.1.6) - Temporary Car Shelter (see 4.1.12) Other Uses - Renewable Energy System 8.2 Zone Regulations 8.2 - GC Zone Regulations Commercial Use Accessory Use, Building or Structure Minimum Lot Area 920 m2 [9,903 ft.2] n/a Minimum Lot Frontage: 20 m [65.6 ft.] n/a Minimum Front Yard 3 m [9.8 ft.]; or nil on Taylor Street between Pilgrim and Robinson Streets 3 m [9.8 ft.]; or nil on Taylor Street between Pilgrim and Robinson Streets Minimum Rear Yard 6 m [19.7 ft.] 1.5 m [4.92 ft.] or 5 m [16.4 ft.] if the lot abuts a residential use or zone. Town of Bruce Mines Zoning By-law File P-2940 Page 125 8.2 - GC Zone Regulations Minimum Interior Side Yard Nil or 3 m [9.84 ft.] if the lot abuts a residential use or zone 1 m [3.28 ft.] or 3 m [9.84 ft.] if the lot abuts a residential use or zone. Minimum Exterior Side Yard 6 m [19.7 ft.] 6 m [19.7 ft.] Maximum Height 10.5 m [34.4 ft.] 10.5 m [34.4 ft.] Maximum Lot Coverage 80% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] 8.3 Additional Regulations 1. All applicable zone regulations of Section 4 - General Provisions shall apply. 2. Residential uses and institutional uses shall comply with the zone regulations of Section 6.2 of this By-law. 3. All development shall be serviced with municipal sewage services and municipal water services. 4. The zone regulations of Section 4.8 and Section 4.18.5 shall apply to any lot abutting the North Channel of Lake Huron. Town of Bruce Mines Zoning By-law File P-2940 Page 126 Section 9 LOCAL COMMERCIAL (LC) ZONE No person shall use any land or erect, alter or use any building or structure in the Local Commercial (LC) Zone except in accordance with the following zone regulations 9.1 Permitted Uses 9.1 - LC Permitted Uses Commercial Uses Accessory Use - Convenience Store - Day Nursery - Dry Cleaning or Laundry Outlet - Personal Service Establishment - Public Service Use (see 4.29) - Video Rental Outlet - Accessory use, building or structure (see 4.1) - Accessory Apartment - Fence (see 4.1.7) - Parking Area 9.2 Zone Regulations 9.2 - LC Zone Regulations Commercial Use Accessory Use, Building or Structure Minimum Lot Area 700 m2 [5,920.3 ft.2] n/a Minimum Lot Frontage: 20 m [65.6 ft.] n/a Minimum Front Yard 6 m [19.7 ft.] 6 m [19.7 ft.] Minimum Rear Yard 6 m [19.7 ft.] 6 m [19.7 ft.] Minimum Interior Side Yard 3 m [9.84 ft.] 1.5 m [4.92 ft.] Minimum Exterior Side Yard 6 m [19.7 ft.] 6 m [19.7 ft.] Maximum Height 10 m [32.8 ft.] 6 m [19.7 ft.] Maximum Lot Coverage 40% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] Town of Bruce Mines Zoning By-law File P-2940 Page 127 9.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. All development shall be serviced with municipal sewage services and municipal water services. Town of Bruce Mines Zoning By-law File P-2940 Page 128 Section 10 LIGHT INDUSTRIAL (GM) ZONE No person shall use any land or erect, alter or use any building or structure in the Light Industrial (GM) Zone except in accordance with the following zone regulations. 10.1 Permitted Uses 10.1 - GM Permitted Uses Principle Use Accessory Use Industrial Uses: - Class I Industrial Use - Class II Industrial Use - Bakery - Custom workshop - Equipment and Vehicle Storage Yard, Industrial - Factory Outlet - Geothermal Power facility - Green Energy Industries - Recycling Station or Transfer Depot - Renewable Energy System - Research Laboratory - Warehouse - Welding Shop - Workshop - Accessory use, building or structure (see 4.1) - Fence (see 4.1.7) - Office Commercial and Other Uses: - Auto Body Shop - Auto Repair Garage - Drive-Through Facility - Equipment Rental Establishment - Office - Public Service Use (see Section 4.30) - Retail Sales Outlet - Service Outlet 10.2 Zone Regulations 10.2 - GM Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area 1,500 m2 [16,146.3 ft.2] n/a Minimum Lot Frontage 40 m [131.2 ft.] n/a Minimum Front Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Town of Bruce Mines Zoning By-law File P-2940 Page 129 10.2 - GM Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Rear Yard 10 m [32.8 ft.] or 20 m [65.6 ft.] where the yard abuts a residential use or zone 5 m [16.4 ft.] or 15 m [49.2 ft.] where the yard abuts a residential use or zone Minimum Interior Side Yard 10 m [32.8 ft.] or 20 m [65.6 ft.] where the yard abuts a residential use or zone 5 m [16.4 ft.] or 15 m [49.2 ft.] where the yard abuts a residential use or zone Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] Maximum Lot Coverage 50% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 4 m [13.1 ft.] 10.3 Zone Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. (See Section 4.18.3 -for minimum separation distances for industrial uses.) 2. The zone regulations of Section 4.18.5 shall not apply to any GM zone abutting the North Channel of Lake Huron. A bulk storage yard shall be a permitted use for an industrial use abutting the deep-water harbour on the North Channel of Lake Huron. 3. All development shall be serviced with municipal sewage services and municipal water services. Town of Bruce Mines Zoning By-law File P-2940 Page 130 Section 11 MINERAL EXTRACTION (MX) ZONE No person shall use any land or erect, alter or use any building or structure in the Mineral Extraction (MX) Zone except in accordance with the following zone regulations. 11.1 Permitted Uses 11.1 - MX Permitted Uses Principle Use Accessory Use - Bulk Storage Yard - Mineral Aggregate Operation - Pit - Portable Asphalt Plant - Public Service Use (see Section 4.30) - Quarry - Wayside Pit - Wayside Quarry - Accessory use, building or structure (see 4.1) - Office 11.2 Zone Regulations 18.2 - MX Zone Regulations Mineral Aggregate Operation, Pit, Quarry Accessory Use, Building or Structure Minimum Lot Area 4 ha [9.8 ac.] n/a Minimum Lot Frontage 200 m [656.1 ft.] n/a Minimum Front Yard and Minimum Exterior Side Yard abutting a street to face of excavation 15 m [49.2 ft.] or 30 m [98.4] ft. for a lot line abutting a highway, land used or zoned for a residential use Minimum Rear Yard 15 m [49.2 ft.] or 30 m [98.4] ft. for a lot line abutting land used or zoned for a residential use Minimum Interior Side Yard 11.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.18.2 for minimum separation distances for pits and quarries.) 2. Any mineral aggregate operation, pit or quarry shall comply with any By-law passed under the Municipal Act governing a mineral aggregate operation, pit or quarry. Town of Bruce Mines Zoning By-law File P-2940 Page 131 3. Any mineral aggregate operation, pit or quarry shall comply with the licensing provisions of the Aggregate Resources Act. 4. No portable asphalt plant, wayside pit or wayside quarry shall operate without a valid Environmental Compliance Approval issued by the Ministry of the Environment, Conservation and Parks. Town of Bruce Mines Zoning By-law File P-2940 Page 132 Section 12 WASTE DISPOSAL (MWD) ZONE No person shall use any land or erect, alter or use any building or structure in the Waste Disposal (MWD) Zone except in accordance with the following zone regulations. 12.1 Permitted Uses 12.1 - MWD Permitted Uses Principle Use Accessory Use - Sewage Works including a waste water stabilization pond - Waste Management Facility - Recycling Depot or Transfer Station - Accessory use, building or structure (see 4.1) 12.2 Zone Regulations 12.2 - MWD Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area n/a n/a Minimum Lot Frontage n/a n/a Minimum Lot Depth n/a n/a Minimum Front Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Rear Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Interior Side Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Exterior Side Yard 30 m [98.4 ft.] 30 m [98.4 ft.] 12.3 Additional Regulations 1. No Waste Management Facility shall be operated without and except in conformity with a currently valid Environmental Compliance Approval issued by the Ministry of the Environment, Conservation and Parks. 2. All applicable provisions of Section 4 - General Provisions shall apply. (See Section 4.18.1 for minimum separation distances for waste management facilities.) Town of Bruce Mines Zoning By-law File P-2940 Page 133 Section 13 RURAL (R) ZONE No person shall use any land or erect, alter or use any building or structure in the Rural (R) Zone except in accordance with the following zone regulations. 13.1 Permitted Uses 13.1 - R Permitted Uses Principle Use Accessory Use Residential Uses: - An Existing Residential Use -Accessory use, building or structure (see 4.1.1) -Accessory Residential Use (see 4.1.2) -Additional Residential Unit (see 4.1.2.4) -Bed & Breakfast Establishment (see 4.1.3) -Fence (see 4.1.6) -Garden Suite (see 4.1.9) -Swimming Pool (see 4.1.11) -Home Industry (see 4.12) -Temporary Car Shelter (see 4.1.12) Rural Uses: -Commercial Wind Farm -Commercial Solar Collector -Communications Facility (see 4.9.1 & 4.23.2) -Conservation Use -Forestry Use -Geothermal Power facility -Green Energy Industries -Outdoor Recreation Use -Public Service Use (see Section 4.30) -Renewable Energy System -Accessory use, building or structure (see 4.1.1) -Fence (see 4.1.8) 13.2 Zone Regulations 13.2 - R Zone Regulations All Uses Accessory Use, Building or Structure Minimum Lot Area 1 ha [2.47 ac.] n/a Minimum Lot Frontage 60 m [196.8 ft.] n/a Town of Bruce Mines Zoning By-law File P-2940 Page 134 13.2 - R Zone Regulations Minimum Front Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Rear Yard 10 m [32.8 ft.] 3m [9.84 ft.] Minimum Interior Side Yard 10 m [32.8 ft.] 3m [9.84 ft.] Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height 12.5 m [41 ft.] 6 m [19.7 ft.] Maximum Lot Coverage Total of all structures 5% 2% included in total Maximum Number of Dwellings (excluding a Garden Suite) 1 n/a 13.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. An additional residential unit shall be permitted as an accessory use to an existing single detached dwelling. 3. All development shall be serviced with municipal sewage services and municipal water services. Town of Bruce Mines Zoning By-law File P-2940 Page 135 Section 14 OPEN SPACE (OS), OPEN SPACE WETLAND AND SHORELINE ENVIROMENTAL PROTECTION ZONES No person shall use any land or erect, alter or use any building or structure in the Open Space (OS) Zone except in accordance with the following zone regulations. 14.1 Permitted Uses 14.1 - OS Permitted Uses Principle Use Accessory Use Open Space Uses: - Boat Launch - Cemetery - Conservation Use - Community Centre - Community Garden - Fairground - Park - Place of Worship - Public Service Use (see 4.29) - School - Accessory use, building or structure including an information kiosk, interpretation center, food concession or refreshment pavilion (see 4.1) 14.2 Zone Regulations 14.2 - OS Zone Regulations Open Space Use except a park Accessory Use, Building or Structure except a park Minimum Lot Area n/a n/a Minimum Lot Frontage n/a n/a Minimum Lot Depth n/a n/a Minimum Front Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Rear Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Interior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height 10 m [32.8 ft.] 10 m [32.8 ft.] 14.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Town of Bruce Mines Zoning By-law File P-2940 Page 136 2. All development shall be serviced with municipal sewage services and municipal water services. 3. Despite the list of permitted uses above, only a conservation use is permitted in an Open Space Wetland (OSW) Zone and provided that no buildings or structures shall be constructed or permitted. 4. Despite the list of permitted uses above, only a conservation use is permitted in a Shoreline Environmental Protection (SEP) Zone and provided that no buildings or structures shall be constructed or permitted except as provided in Section 4.8 of this By-law. The zone regulations of Sections 4.8 and 4.18.5 shall apply to the Shoreline Environmental Protection (SEP) Zone. Town of Bruce Mines Zoning By-law File P-2940 Page 137 Section 15 HERITAGE (H) ZONE No person shall use any land or erect, alter or use any building or structure in the Heritage (H) Zone except in accordance with the following zone regulations. 15.1 Permitted Uses 15.1 - H Permitted Uses Principle use Accessory Use - Archaeological Resources - Built Heritage Resources - Cemetery - Cultural Heritage Landscape - Accessory use, building or structure 15.2 Zone Requirements 1. The existing setbacks shall apply to all existing buildings and structures. Setbacks for new development shall be 6 m [19.7 ft.] for the front yard, rear yard and exterior side yard and shall be 3 m [9.84 ft.] for any interior side yard. 2. Any reconstruction shall comply with the requirements of the Ontario Heritage Act and any associated local heritage conditions prescribed under Parts IV or V of the Ontario Heritage Act. Town of Bruce Mines Zoning By-law File P-2940 Page 138 Section 16 MINE HAZARD (MH) ZONE No person shall use any land or erect, alter or use any building or structure in the Mine Hazard (MH) Zone except in accordance with the following zone regulations. 16.1 Permitted Uses Development is prohibited on lands within any MH Zone except for the rehabilitation, remediation or the rendering of sites for public health and safety. 16.2 Zone Regulations Setbacks for the erection of any building or structure shall be a minimum of 30 m [98.4 ft.] from the boundary of a Mine Hazard Zone. Town of Bruce Mines Zoning By-law File P-2940 Page 139 Section 17 NATURAL HERITAGE FEATURES AND AREA (NHF) ZONE No person shall use any land or erect, alter or use any building or structure in the Natural Heritage Features and Area (H) Zone except in accordance with the following zone regulations. 17.1 Permitted Uses 17.1 - NHF Permitted Uses Principle Use Accessory Use Open Space Uses: - Conservation Use - Accessory use, building or structure including an information kiosk, or interpretation center. 17.2 Zone Regulations No development or site alteration shall be permitted on lands zoned NHF except in accordance with an approved environmental impact study and any applicable provincial or federal requirements. Town of Bruce Mines Zoning By-law File P-2940 Page 140 Zoning By-law Amendments 1. By-law 2021-19 - July 19, 2021 Town of Bruce Mines Zoning By-law File P-2940 Page 141 By-law 2021-19 Town of Bruce Mines Zoning By-law File P-2940 Page 142 Town of Bruce Mines Zoning By-law File P-2940 Page 143 Town of Bruce Mines Zoning By-law File P-2940 Page 144 Town of Bruce Mines Zoning By-law File P-2940 Page 145 Schedule