Raglan Zoning By-law No. 2-83

Brudenell, Lyndoch and Raglan, Ontario

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ZONING BY-LAW TOWNSHIP OF RAGLAN AS MODIFIED OFFICE CONSOLIDATION Prepared For: Township of Raglan Prepared By: County of Renfrew Planning Department 9 International Drive Pembroke, Ontario K8A 6W5 December, 1992 Consolidated: Jan 2, 2014 X:\Planning\Data\Former Municipal\RAGLAN\ZB\Raglan ZB 2-83 Consolidated.doc OFFICE CONSOLIDATION This is an office consolidation prepared for your convenience. The original by-law and amendment thereto can be viewed in the office of the Clerk for the Township of Raglan during regular office hours. The original Zoning By-law and amendments should be referred to for accuracy. ZONING BY-LAW Municipality of the Township of Raglan February 1983 THE CORPORATION OF THE TOWNSHIP OF RAGLAN ZONING BY-LAW NO. 2-83 A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE TOWNSHIP OF RAGLAN. WHEREAS authority is granted under Section 39 of The Planning Act, R.S.O. 1980, as amended, subject to the approval of the Ontario Municipal Board, to pass this by-law. NOW THEREFORE the Municipal Corporation of the Township of Raglan enacts as follows: TABLE OF CONTENTS SECTION 1 - TITLE, APPLICATION, SCOPE AND INTERPRETATION ................................1 SECTION 2 - SCHEDULES ...........................................................................................................2 SECTION 3 - DEFINITIONS .........................................................................................................3 SECTION 4 - GENERAL PROVISIONS .....................................................................................13 SECTION 5 - ZONES ...................................................................................................................25 SECTION 6 - REQUIREMENTS FOR RURAL RESIDENTIAL (RR) ZONES ........................27 SECTION 7 - REQUIREMENTS FOR SUBURBAN RESIDENTIAL (SUR) ZONES .............29 SECTION 8 - REQUIREMENTS FOR LIMITED SERVICE RESIDENTIAL (LSR) ZONES ...............................................................................................................................31 SECTION 9 - REQUIREMENTS FOR HIGHWAY COMMERCIAL (HC) ZONES ................ 33 SECTION 10 - REQUIREMENTS FOR TOURIST COMMERCIAL (TC) ZONES ..................37 SECTION 11 - REQUIREMENTS FOR GENERAL INDUSTRIAL (GM) ZONES ..................39 SECTION 12 - REQUIREMENTS FOR MINING INDUSTRIAL (MM) ZONES .................... 43 SECTION 13 - REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL (EM) ZONES ............45 SECTION 14 - REQUIREMENTS FOR DISPOSAL INDUSTRIAL (DM) ZONES..................47 SECTION 15 - REQUIREMENTS FOR RURAL MARGINAL (RM) ZONES ......................... 49 SECTION 16 - REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONES .................. 54 SECTION 17 - REQUIREMENTS FOR STREAM AND WETLAND (SW) ZONES ...............56 SECTION 18 - ADMINISTRATION ........................................................................................... 57 1 SECTION 1 - TITLE, APPLICATION, SCOPE AND INTERPRETATION 1.1 Title of By-law This by-law shall be cited as the "Zoning By-law" of the Township of Raglan. 1.2 Application of By-law The provisions of this by-law shall apply to all lands excluding Crown Lands within the Corporation of the Township of Raglan as shown on Schedule "A" and Schedule "B". 1.3 Scope of By-law (a) Conformity with By-law: No building or structure shall hereafter be erected or altered, nor shall the use of any building, structure or lot hereafter be changed, in whole or in part, except in conformity with the provisions of this by-law. (b) Changes Causing Contravention of By-law: No person shall change the purpose of which any lot, building or structure is used, or erect any new building or structure or alter any existing building or structure, or sever any lands from any existing lot, if the effect of such action is to cause the original, adjoining, remaining or new building, structure or lot to be in contravention of this by-law. 1.4 Interpretation For the purposes of this by-law, words used in the present tense include the future; words in the singular number include the plural and words in the plural include the singular number; the word "shall" is mandatory; the word "used" shall also mean "designed to be used"; and the word "occupied" shall also mean "designed to be occupied". 2 SECTION 2 - SCHEDULES SCHEDULES TO BY-LAW The following schedules are included and form part of this by-law. SCHEDULE "A" and SCHEDULE "B" ZONING MAPS 3 SECTION 3 - DEFINITIONS For the purpose of this by-law the following words and phrases shall have the meanings given below: 3.1 Access Road: means a road located on land not owned by a municipality and not dedicated and accepted as, or otherwise deemed at law to be, a public highway, that serves as a motor vehicle access route to one or more parcels of land. 3.2 Accessory Building: means a detached building or structure, including a private garage, the use of which is incidental or secondary to that of the main building and located on the same lot with the main building. 3.3 Accessory Use: means a use incidental and subordinate to the principle use or building and located on the same lot with such principle use or buildings. 3.4 Assembly Hall: means a building or part of a building in which facilities are provided for such purposes as meetings of civic, education, political, religious or social purposes, and shall include a banquet hall. 3.5 Automobile Service Station or Service Station: shall mean a building where gasoline or oil is kept for sale and where only minor or emergency repairs essential to the actual operation of motor vehicles may also be performed, and where grease, anti-freeze, tires, spark plugs and other automobile accessories may be sold incidentally, and where motor vehicles may also be oiled, greased, or washed, but where no other activities of a public garage are carried on. 3.6 Building: means any structure used or designed to be used for shelter, accommodation or enclosure of persons, animals or chattels. 3.7 Building Line: means a line within a lot drawn parallel to a lot line and establishes the minimum distance between that lot line and any building or structure, which may be erected. 3.8 Building Supply Store: means an establishment engaged in the selling of building supplies including lumber, mill work, siding, roofing, plumbing, electrical, heating, air conditioning and similar items. 3.9 Building Main: means a building in which the principal use is conducted on the lot on which the building is located. In the residential zone the dwelling is the main building. 3.10 Business and Professional Office: means an office in which any business is carried on or any profession is practised. 3.11 Cabin Establishment: means a tourist establishment comprised of two or more cabins arranged singly or in pairs and which does not provide cooking facilities. 4 3.12 Camping Establishment: means a tourist establishment consisting of at least five camping lots and comprising land used or maintained as grounds for the camping or parking of recreational vehicles and tents. 3.13 Church: means a building dedicated to religious worship and may include a church hall, church auditorium, Sunday school, convent or parish hall. 3.14 Club, Commercial: means an athletic, recreational and/or social club operated for gain or profit. 3.15 Club, Private: means an athletic, recreational and/or social club located on private lands and not operated for gain or profit. This definition may include the premises of a fraternal organization. 3.16 Community Centre: means any tract of land or buildings or any part of any buildings used for community activities whether used for commercial purposes or not, and the control of which is vested in the municipality, a local board or agent thereof. 3.17 Contractor's Shop: shall mean an area of land including buildings or a contractor of any building trade where equipment and material are stored or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein. 3.18 Convenience Store: means a retail commercial establishment supplying groceries, sundries and other daily household necessities to the immediate surrounding area. 3.19 Cottage: means a building to accommodate one or more guests; (i) that contains at least two rooms, (ii) that is at least partially furnished, and (iii) in which the guest is permitted to prepare and cook food. 3.20 Cottage Establishment: means a tourist establishment comprising two or more cottages owned or leased by the same person. 3.21 Dwelling - duplex: means a building that is divided horizontally into two dwelling units, each unit having an independent entrance. 3.22 Dwelling - one family: means a separate building containing only one dwelling unit. 3.23 Dwelling - two family: means a separate building containing only two dwelling units. 5 3.24 Dwelling - limited service: means a one family dwelling fronting on an access road and not an improved street. 3.25 Dwelling - seasonal: means a one family dwelling used occasionally for recreation, rest or relaxation, but not occupied continuously nor used as a year round permanent dwelling. 3.26 Dwelling - semi-detached: means a building that is divided vertically into two dwelling units. 3.27 Dwelling Unit: means one or more connecting rooms designed for use by and occupied by not more than one family and in which separate kitchen and sanitary facilities are provided for the exclusive use of such a family, with a private entrance from outside the building or from a common hallway or stairway inside the building. 3.28 Dwelling Unit Area: means the floor area of a dwelling unit measured between the exterior faces of the exterior walls of the dwelling unit. 3.29 Eating Establishment: means a building or part of a building where food is offered for sale or sold to the public for immediate consumption therein and includes a restaurant, cafe, tea or lunch room, dairy bar, and refreshment room or stand; but does not include a boarding or lodging house. 3.30 Erect: shall mean build, construct, reconstruct, or relocate and shall include any preliminary physical operations such as cutting, grading, excavating, filling or drainage or any altering of an existing building by an addition, extension or other structural change. 3.31 Farm: means land used for the tillage of soil, the growing of vegetables, fruits, grains, and other staple crops. This definition may also apply to land used for livestock raising, dairying, or woodlots. a) Specialized Farm: means land on which the predominant economic activity consists of raising chickens, turkeys, or other fowl, the raising of fur bearing animals, the raising of swine or goats, the raising of cattle on feed lots, the raising or boarding of dogs or cats, or the growing of mushrooms. 3.32 Family: means one person or two or more persons who are interrelated by bonds of consanguinity, marriage or legal adoption, or a group of not more than five unrelated persons with or without one or more fulltime servants, occupying a dwelling unit. 3.33 Flood Plain: means the area of land within a watershed which is subject to inundation during a flooding event. The area shall be calculated as being the greater of: i) the area that would be flooded with an expected average frequency of once in a hundred years, or 6 ii) the area that would be flooded as determined by transposing the maximum observed regional storm, where such a storm has been experienced or where similar meteorological conditions exist. Lands subject to flooding shall have a corresponding meaning. 3.34 Floor Area, Gross: means, for a dwelling, the total area of the storeys exclusive of basements, cellars, attic, garages, sunrooms, unenclosed verandahs or porches; and for a building other than a dwelling, the total area of all floors contained within the outside walls of the building. Only that floor area having a clear height to the ceiling of at least two and one-quarter metres (2.25 metres) may be used to calculate floor area. 3.35 Floor Area, Net: shall mean only the habitable or useable floor space in a building exclusive of any foyer, hallways, stairwell, closet, washroom or toilet room and shall be measured from the inside walls. 3.36 Forestry: means the management, development and cultivation of timber resources to ensure the continuous production of wood or wood products, provision of proper environmental conditions for wildlife, protection against floods and erosion, protection and production of water supplies, and preservation of the recreation resource. 3.37 Fuel Storage Tank: means a tank for the bulk storage of petroleum gasoline, fuel oil, gas or inflammable liquid or fluid but does not include a container for inflammable liquid or fluid legally and properly kept in a retail store or a tank for storage merely incidental to some other use of the premises where such tank is located. 3.38 Garage, Commercial: means a building, structure or lot where commercial vehicles are stored or where vehicles are repaired or maintained. 3.39 Garage or Carport (Private): shall mean an enclosed or partially enclosed structure in which no business, occupation or service is conducted for profit, and which structure is used primarily for the storage of one or more vehicles and storage of household equipment incidental to the residential occupancy. 3.40 Gravel Pit: means any open excavation made for the removal of any soil, earth, clay, marl, sand, gravel or unconsolidated rock or mineral in order to supply material for construction, manufacturing or industrial purposes. 3.41 Hazard Land: means land which is not suitable to be used for the erection of any buildings because the said land is on a flood plain, is subject to erosion, has steep slopes, has organic soil or has a high water table. 3.42 Height: means, when used with reference to a building, the vertical distance between the average elevation of the finished surface of the ground at the front of the building and (1) in the case of a flat roof, the highest point of the roof surface or the parapet, 7 whichever is the greater, (2) in the case of a mansard roof, the deck roof line, and (3) in the case of a gable, hip or gambrel roof, the mean height distance between the eaves and ridge. 3.43 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. 3.44 Home Industry: means a use accessory to a single family dwelling which may include a carpentry shop, a craft shop, a plumbing shop, a metal working shop, an electrical shop, a welding shop, a storage building for school buses, boats or snowmobiles, a repair shop for farm equipment, or a similar use. 3.45 Home Occupation: shall mean an occupation, trade, business, profession or craft carried on as an accessory use to the use of a dwelling provided the dwelling is the private residence of the person carrying on the occupation, trade, business, profession or craft. 3.46 Hotel: means any hotel, tavern, inn or public house in one building or in two or more connected or adjacent buildings used mainly for the purpose of catering to the needs of the travelling public by supplying sleeping accommodation of not less than ten bedrooms and includes all premises licenced under The Liquor Licence Act, but does not include rooming houses, boarding houses. 3.47 Hunt Club: means a structure intended to provide basic shelter and accommodation on an occasional basis for a person or a group of persons engaged in hunting or fishing activities. Such structure may be described as being of light frame construction, without a basement, without an interior finish on its walls and ceiling, and without any source of heat. 3.48 Institution: shall mean a building used for non- commercial purposes and operated by an organized body or society for providing a particular service. 3.49 Kennel: means a use where the predominant economic activity consists of the raising or boarding of dogs and cats. 3.50 Logging Hauler: shall mean an area of land and/or building of a logging contractor where equipment and materials are stored and may include repairs to logging equipment belonging to the logging contractor. 8 3.51 Lot: means a parcel or tract of land: (i) which is a whole lot as shown on a Registered Plan of Subdivision, but a Registered Plan of Subdivision for the purpose of this paragraph does not include a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision under a by-law passed pursuant to Section 29 of The Planning Act, (ii) which is a separate parcel of land the owner of which does not retain the fee or equity of redemption in, or a power or right to grant, assign, or exercise a power of appointment with respect to any abutting land, or (iii) the description of which is the same as in a deed which has been given consent pursuant to Section 29 of The Planning Act. 3.52 Lot Area: means the total horizontal area within the lot lines of a lot. In the case of a corner lot having street lines rounding at the corner with a radius of six (6) metres, or less, the lot area of such land shall be calculated as if the lot lines were produced to their point of intersection. 3.53 Lot, Corner: means a lot situated at the intersection of two streets, of which two adjacent sides, that abut the intersecting streets, contain an angle of not more than 135 degrees; where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, provided that, in the latter case, the corner of the lot shall be deemed to be that point on the street lines nearest to the point of intersection of the said tangents. 3.54 Lot Coverage: means that percentage of the lot area covered by buildings, including accessory buildings. 3.55 Lot Frontage: means the horizontal distance between the side lot lines measured along the front lot line. Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be measured along a line seven and one-half (7.5) metres back from and parallel to the street line. 3.56 Lot Interior: shall mean a lot situated between adjacent lots and having access to one street. 3.57 Lot Line Front: means the lot line that divides the lot from the street, provided that in the case of a corner lot the shorter lot line that abuts a street shall be deemed to be the front lot line and the longer lot line that abuts a street shall be termed the flankage of the lot. In the case of a lot not abutting an improved street, the line adjacent to the access road shall be the front lot line. 3.58 Lot Line Rear: means the lot line opposite the front lot line. 9 3.59 Lot Line Side: means a lot line other than a front or rear lot line. 3.60 Marina: means a building, structure or place, containing docking facilities and located on a waterbody, where boats and boat accessories are berthed, stored, serviced, repaired or kept for sale or rent and where facilities for the sale of marine fuels and lubricants may be provided. 3.61 Mine: means any opening or excavation in, or working of the ground for the purpose of opening up or proving any mineral or mineral-bearing substance, and any ore body, mineral deposit, stratum, rock, earth, clay, sand or gravel, or place where mining is or may be carried on, and all ways, works, machinery, plant, buildings and premises below or above ground belonging to or used in connection with the mine, and also any quarry, excavation or opening of the ground made for the purpose of searching for or removal of mineral rock, stratum, earth, clay, sand or gravel and any roasting or smelting furnace, concentrator, mill, work or place used for or in connection with washing, crushing, sifting, reducing, leaching, roasting, smelting, refining, treatment or research on any of such substances. 3.62 Mining: means any mode or method of working whereby the earth or any rock, stratum, stone or mineral-bearing substance may be disturbed, removed, washed, sifted, leached, roasted, smelter, refined, crushed or dealt with for the purpose of obtaining any mineral therefrom, whether it has been previously disturbed or not. 3.63 Mobile Home: means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise defined. 3.64 Mobile Home Park: means land which has been provided and designed for the location thereon of two or more occupied mobile homes. 3.65 Motel: means an establishment that consists of one or more than one building containing more than one rental unit for the purpose of catering to the travelling public, to whom the motor vehicle is the principal means of transportation, by furnishing sleeping accommodation with or without meals, may include permanent staff accommodation and may or may not be licenced under The Liquor Licence Act, but does not include any other establishment otherwise defined or classified in this by-law. 3.66 Municipality: means the Municipality of the Township of Raglan. Corporation shall have a corresponding meaning. 3.67 Non-Conforming: shall mean that which does not conform, comply or agree with the regulations of this by-law as of the date of final passing thereof. 3.68 Obnoxious Use: shall mean an offensive trade within the meaning of The Public Health Act (R.S.O. 1970, c.377) or any use which is offensive or dangerous by reason of the emission of odour, smoke, dust, noise, gas, fumes, vibration or refuse matter. 10 3.69 Open Storage: shall mean storage or display of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof. 3.70 Park: means an area, consisting largely of open space, which may include a recreational area, playground, playfield or similar use, but shall not include a mobile home park or recreational vehicle park. (a) Public Park: means a park owned or controlled by the Corporation, the County of Renfrew, or by any Ministry, Board, Commission or Authority established under any statute of Ontario or Canada. (b) Private Park: means a park other than a public park. 3.71 Parking Space: shall mean an area of not less than eighteen (18) square metres measuring three (3) metres by six (6) metres exclusive of driveways or aisles for the temporary parking or storage of motor vehicles. 3.72 Person: shall include an individual, an association, a chartered organization, a firm, a partnership or a corporation. 3.73 Public Use: means a building, structure or lot used for public services by the Corporation or the County, any local board of either the Corporation or the County of Renfrew, any Conservation Authority established by the Government of Ontario, any Ministry or Commission of the Government of Ontario or Canada, including Ontario Hydro, any telephone, gas or telegraph company or any railway company authorized under The Railway Act. 3.74 Recreational Vehicle: means a structure or vehicle designed, intended and used exclusively for travel, recreation and vacation and which is either capable of being drawn by a passenger vehicle or is self-propelled, and shall include tent trailers, vans, motor homes, and similar transportable accommodation excepting a mobile home. 3.75 Recreational Vehicle Park: means a land used for the parking of more than one recreational vehicle and the said land being divided into individual lots. 3.76 Resort: means a tourist establishment that operates throughout all or part of the year and that has facilities for serving meals and furnishes equipment, furnishes or services to persons in connection with angling, hunting, camping or recreational purposes, and supplies accommodation. 3.77 Restaurant: means a building or part of a building where food is offered for sale or sold to the public for immediate consumption therein. This definition shall not include a boarding or lodging home. 11 3.78 Restaurant, Drive-In: means an establishment where food is offered for sale or sold to the public for consumption, such establishment being designed for consumption of the food within a motor vehicle parked in a permitted parking space on the premises of the establishment. 3.79 Retail Store: means a building or part of a building in which goods, wares, merchandise, substance, articles or things are offered or kept for sale at retail, but does not include any establishment otherwise defined herein or specifically named elsewhere in this by-law. 3.80 Roadside Stand: means a retail store not exceeding nineteen (19) square metres in floor area, in which the goods displayed or offered for sale are produced on the same land from agricultural uses. 3.81 Salvage Yard: means an establishment where goods, wares, merchandise, articles or things are processed for further use and where such goods, wares, merchandise, articles or things are stored wholly or partly in the open. This definition may include a junk yard, a scrap metal yard and an automobile wrecking yard or premises. 3.82 Stone 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. 3.83 Street: means a public highway or public road under the jurisdiction of either the Municipality, or the Province of Ontario. This definition shall not include a lane or private right-of-way. STREET ALLOWANCE shall have a corresponding meaning. (a) Improved Street: means a street which has been constructed in such a manner so as to permit its use by normal vehicular traffic. 3.84 Street Line: means the limit of the road or street allowance and is the dividing line between a lot and a street. 3.85 Structure: means anything constructed or erected, the use of which requires location on or in the ground or attached to something having location on or in the ground. 3.86 Tourist Home: means a private home or dwelling, (i) that is not part of or used in conjunction with any other tourist establishment, and (ii) in which there are at least five rooms for rent to the travelling or vacationing public whether rented regularly, seasonally or occasionally. 3.87 Trailer: means any vehicle so constructed as to be suitable for attachment to a motor vehicle 12 for the purpose of being drawn or propelled by the motor vehicle, and capable of being used for the temporary living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. 3.88 Valuable Mineral in Place: means a vein, lode or deposit of mineral in place appearing at the time of discovery to be of such a nature and containing in the part thereof then exposed such kind and quantity of mineral or minerals in place, other than limestone, marble, clay, marl, peat or building stone, as to make it probable that the vein, lode or deposit is capable of being developed into a producing mine likely to be workable at a profit. 3.89 Water Setback: means the straight line horizontal distance from the high water mark of a watercourse, bay or lake to the nearest part of any excavation, building, structure or open storage use on the lot. 3.90 Wayside Pit: means a temporary gravel pit or stone quarry opened and used by a public road authority solely for the purpose of a particular project or contract of a road construction and not locate on the road right-of-way. 3.91 Yard: means a space, appurtenant to a building, structure or excavation, located on the same lot as the building or structure, and which space is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structure or uses as are specifically permitted elsewhere in this by-law. 3.92 Yard Front: means a yard extending across the full width of a lot on which a building is situate, and from the front lot line to the nearest main wall of the building or buildings for which such front yard is required. 3.93 Yard Rear: means a yard extending across the full width of the building lot, on which a building is situate, and from the rear lot line to the nearest main wall of the building or buildings for which such rear yard is required. 3.94 Yard Side: means a yard extending from the front yard to the rear yard and from the side lot line to the nearest main wall of the building or buildings for which such side yard is required. 3.95 Zone: means a designated area of land use shown on Schedule "A" and Schedule "B". 3.96 Zoning Administrator: means the officer or employee of the Corporation charged with the duty of enforcing the provisions of this by-law. 13 SECTION 4 - GENERAL PROVISIONS The contents of this Section are: Subsection Page 1 General Provisions Applicability .......................................................................... 14 2 Accessory Buildings and Structures ..................................................................... 14 3 Attached Garage Side Yard .................................................................................. 14 4 Automobile Service Stations................................................................................. 15 5 Building Lots and Yards ....................................................................................... 15 6 Buildings to be Moved .......................................................................................... 15 7 Conformity with Existing Setbacks ...................................................................... 15 8 Crown Lands ......................................................................................................... 17 9 Exceptions to Height Limitations ......................................................................... 17 10 Existing Conditions ............................................................................................... 17 11 Gravel Pits, Stone Quarries, and Wayside Pits ..................................................... 18 12 Home Industry ...................................................................................................... 18 13 Home Occupations ................................................................................................ 18 14 Mobile Homes ....................................................................................................... 19 15 Noxious Uses ........................................................................................................ 19 16 Occupancy of Incomplete Buildings ..................................................................... 19 17 Occupation of Vehicles ......................................................................................... 19 18 Parking and Loading Areas ................................................................................... 19 19 Public Uses of Land .............................................................................................. 21 20 Sensitive Lakes ..................................................................................................... 22 21 Setbacks ................................................................................................................ 22 22 Temporary Construction Uses Permitted .............................................................. 23 23 Visibility at Intersections in Residential Zone ...................................................... 23 14 4.1 General Provisions Applicability The requirements contained in the General Provisions shall apply to all zones. 4.2 Accessory Buildings and Structures Accessory uses, buildings and structures shall be permitted in any zone within the Municipality but shall not: (i) be used for human habitation except where a dwelling is a permitted accessory use; (ii) be built closer to the front lot line or side yard line than the minimum distance required by this by-law for the main building on the lot. Where an accessory building is built on a corner lot, it shall be located in the rear yard or in the side yard which is not adjacent to the flanking street; (iii) be built closer to the front lot line or side yard line than as stated in (ii) above and no closer than one (1.0) metre to any rear lot line except: (a) that common semi-detached garages may be centred on the mutual side lot line, and (b) for boat houses and boat decks which may be built to the lot line when such line corresponds to the water's edge; (iv) exceed ten and one-half (10.5) metres in height in any Residential or Commercial Zone; (v) exceed ten (10) percent coverage of the total lot area; (vi) be built within two (2) metres of the main building, unless the accessory building is constructed of incombustible materials; (vii) be considered an accessory building if attached to the main building in any way; (viii) be constructed on lands subject to flooding, with the exception of docks, boat houses, and those buildings and structures otherwise permitted by this by-law; *(By-law 2004-23)* *(ix) Notwithstanding any other provision of this By-law to the contrary, no accessory use, building or structure shall be built on a lot until the principal or main use, building or structure has been built on the lot. Notwithstanding the aforesaid, an accessory use, building or structure may be permitted on a lot in a Residential or Rural Zone before the principal or main use, 15 building or structure has been built on the lot provided a site plan for the future development of the property (showing, for example, the location of a septic system and setbacks) is approved by the Municipality.* 4.3 Attached Garage Side Yard In any Residential Zone where a private garage is attached to a one family detached dwelling, then: 1. On the side where the garage is attached to the dwelling, the minimum side yard shall be one (1) metre. 2. On the other side, the minimum side yard shall be the distance required elsewhere in this by-law. 4.4 Automobile Service Stations Where automobile service stations are permitted in this by-law, the following provisions shall apply in addition to zone provisions. (i) No portion of any pump island on a service station lot shall be located closer than six (6) metres from the street line of any street. (ii) The minimum distance from the intersection of two street lines to the nearest ingress or egress ramp shall be not less than nine (9) metres. (iii) The maximum width of a curb ramp at the street line shall not be not more than nine (9) metres and the minimum width not less than seven and one-half (7.5) metres. The width of the ramp shall be seven and one-half (7.5) metres. (iv) The minimum distance between ramps shall be not less than nine (9) metres. (v) The minimum interior angle of a ramp to a street line shall be forty-five (45) degrees and the maximum interior angle of a ramp to the street line shall be ninety (90) degrees. (vi) The minimum distance between the property line of the lot at the street line and the nearest ramp shall be three (3) metres. (vii) The area included between ramps or between ramps and a street line or property line as required by this by-law shall not be used for any purpose other than landscaping. 4.5 Building Lots and Yards (a) Lots to Front on Streets 16 No person shall erect or use any building or structure on a lot unless such lot fronts on an improved street. This provision shall not apply to: a lot in a Limited Service Residential (LSR) Zone; or, a hunt club. (b) Permitted Encroachments on Minimum Yards Every part of any minimum required yard shall be open and unobstructed from the ground to the sky by any structure other than an accessory building permitted elsewhere in this by-law, provided however, that those structures listed in the following table shall be permitted to project into the minimum required yards indicated for the distances specified. 17 TABLE OF PERMITTED ENCROACHMENTS IN MINIMUM YARDS Structure Yards in which projected is permitted Maximum Projection Permitted into Min. Required Yard Sills, belt courses, cornices, gutters, chimneys or pilasters All .45 metres Fire escapes and exterior staircases Front & Rear Only 1.5 metres over a maximum width of 3 metres Window Bays Front & Rear Only 1 metre including eaves and cornices maximum 3 metres width Balconies Front & Rear Only 2 metres Open, roofed porches not exceeding one storey in height Front & Rear Only 2.5 metres including eaves and cornices; maximum length of 3 metres Uncovered paved patios All 2.5 metres front yard; other yards unlimited 4.6 Buildings to be Moved No building or structure shall be moved within the limits of the Municipality or shall be moved from outside the Municipality into the Municipality unless the building or structure is a permitted use and satisfies all of the requirements of the zone in which it is to be located and then only after a permit has been obtained from the Chief Building Official. 4.7 Conformity with Existing Setbacks Nothing in this by-law shall prevent a building from being erected within a built-up area as defined by the Highway Traffic Act, R.S.O. 1970,c.202, as amended, where there is an 18 established building line. Such building may be erected closer to the street line than required by this by-law provided such building is not erected closer to the street line than the established building line on the date of passing of this by-law. 4.8 Crown Lands Crown Lands are not subject to the provisions of this by-law, including the Schedules. 4.9 Exceptions to Height Limitations The height limitations of this by-law shall not apply to chimneys, church spires, public buildings, water tanks, elevator enclosures, flag poles, television or radio antennae, electrical transmission facilities, ventilators or skylights. 4.10 Existing Conditions (a) Non-Conforming Uses Nothing in this by-law shall 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 passing of the by-law, so long as it continues to be used for that purpose. If a non-conforming use should be damaged or destroyed by causes beyond the control of the owner, nothing in this by-law shall prevent such a use from being restored and strengthened to a safe condition, provided the height and bulk are not increased and the use is not an obnoxious use. In areas that are subject to flooding, the replacement or reconstruction of damaged non-conforming buildings and structures shall include flood-proofing. (b) Existing Buildings with Inadequate Lot or Yard Size Where a building has been erected prior to the date of passing of this by-law on a lot having less than the minimum frontage and/or area, or having less than the minimum setback and/or side yard and/or rear yard required by this by- law, said building may be enlarged, reconstructed, repaired or renovated provided that: (i) the enlargement, reconstruction, repair or renovation does not further reduce a front yard and/or side yard and/or rear yard having less than the minimum required by this by-law; and (ii) all other applicable provisions of this by-law are complied with. (c) Existing Undersized Lots Nothing in this by-law shall prevent a vacant lot held in separate ownership from 19 adjoining parcels on the date of passage of this by-law or created by expropriation subsequent to the date of passage having less than the minimum frontage and/or area required by this by-law, from being used for a purpose permitted in the zone in which the said lot is located provided that all other applicable provisions in this by-law are complied with. (d) Prior Building Permits Nothing in this by-law shall prohibit the erection of a building or structure for which a building permit has been issued prior to the date of passing of the by-law. 4.11 Gravel Pits, Stone Quarries, and Wayside Pits A gravel pit or a stone quarry, with the exception of a wayside pit, shall be prohibited in all zones, except in Extractive Industrial (EM) Zone. A wayside pit shall be permitted in all zones except in a Residential Zone or a Stream and Wetland (SW) Zone. 4.12 Home Industry A home industry shall only be permitted in a Rural Zone provided the following provisions are complied with: (a) Not more than ten percent (10%) or ten (10) square metres of the dwelling unit area, whichever is the lesser, shall be used for the purpose of a home industry; (b) Accessory buildings may be erected, altered or used for the purpose of a home industry provided that not more than fifty (50) square metres of the gross floor area of all accessory buildings shall be used for the purpose of a home industry; (c) Not more than three (3) persons, other than those residing on the premises, shall be engaged on the premises in the home industry. 4.13 Home Occupations A home occupation shall be permitted in any Zone provided such home occupation conforms to the following provisions: (a) No more than two persons, other than a member of the family, shall be employed in the home occupation. (b) There shall be no external display or advertising, other than a non-illuminated sign not more than three-tenths of a square metre (.3) in area, to indicate to persons outside that any part of the dwelling unit or lot is being used for a purpose other than residential. 20 (c) Not more than twenty-five (25) percent of the dwelling unit area shall be used for the purpose of home occupation uses. (d) Such home occupation shall be clearly secondary to the main residential use and shall not change the residential character of the dwelling house or dwelling unit. (e) There shall be no goods, wares or merchandise, other than arts and crafts produced on the premises, offered or exposed for sale or rent on the premises. (f) The home occupation shall not create or become a public nuisance, in particular, in regard to noise, traffic or parking. (g) The home occupation shall not interfere with television or radio reception. 4.14 Mobile Homes Mobile homes on individual lots shall be prohibited within the Municipality, except in a Rural Zone. 4.15 Noxious Uses Within the Municipality no use shall be permitted which, from its nature or the materials used therein, is declared to be a noxious trade, business or manufacture under The Public Health Act and Regulations thereunder and The Environmental Protection Act and Regulations thereunder. 4.16 Occupancy of Incomplete Buildings In any residential zone, no dwelling shall be occupied before the main side walls and roof have been erected, the roofing has been completed and kitchen, heating and sanitary conveniences have been installed and rendered usable. 4.17 Occupation of Vehicles No truck, bus, coach or street car body shall be used for permanent human habitation within the Municipality whether or not the same is mounted on wheels. 4.18 Parking and Loading Areas (a) Parking Requirements (i) In any zone the owner of every building hereafter erected, enlarged or changed in use after the passing of this by-law shall provide and maintain off-street parking space in accordance with the following table: 21 TABLE OF PARKING REQUIREMENTS Type of Use Minimum Parking Space Requirement Residential Uses 1 parking space per dwelling unit Non-Residential Uses Beverage Room 1 parking space per 4 persons design capacity Church, Assembly Hall 1 parking space per 9 square metres of gross floor area Park 5 parking spaces per 4,046 sq.m. Restaurant The greater of: (a) 1 parking space per 13.5 square metres of gross floor area or, (b) 1 parking space per 4 person design capacity of the dining room Restaurant, Drive-In 10 parking spaces per lot Retail Store 1 parking space per 28 square metres of gross floor area School The greater of: (a) 1.5 parking spaces per classroom, or (b) 1 parking space per 3.0 square metres of floor area in the gymnasium, or (c) 1 parking space per 3.0 square metres of floor area in the auditorium Tourist Establishment 1 parking space per guest room, plus 1 parking space per 4 persons design capacity of each beverage room, dining room and meeting room Other Non-Residential Uses Permitted by this By-law One parking space per 37 square metres of gross floor area 22 (ii) Where in this by-law, parking facilities for more than four (4) vehicles are required or permitted, parking areas shall conform to the following requirements: The parking area shall be located within one hundred and fifty (150) metres of the location it is intended to serve and shall be situated in the same zone; and The parking area and approaches shall be surfaced with concrete, asphalt, crushed stone, gravel or a combination thereof with a stable surface treated to prevent the raising of dust or loose particles; and Provision for drainage facilities shall be made in compliance with the requirements of the Municipality; and Every parking space shall be provided with unobstructed access to a street by a driveway, aisle, or lane; and Where two or more uses are permitted in any one building or on any one lot then the off-street parking requirements 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. (b) Loading Space Requirements No person shall, in any Zone, erect or use any permitted building or structure for manufacturing, storage, warehouse, department store, retail store, wholesale store, market, freight or passenger terminal, hotel, hospital, mortuary, or other permitted uses similarly involving the frequent shipping, loading or unloading of persons, animals or goods, unless there is maintained in the same premises with every such structure or use, off-street space for standing, loading and unloading, which shall be at least one, three (3) metre by seven and one-half (7.5) metre area (with a minimum three and six-tenths (3.6) metre height clearance) for every one thousand eight hundred and fifty (1,850) square metres or fraction thereof of building floor area so used. The surface of such loading space and approaches shall be treated in accordance with the relevant provisions of Section 4.18 (a) (ii). 4.19 Public Uses of Land The provisions of this by-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public service by the Municipality or by any local board thereof defined by the Municipal Affairs Act (R.S.O. 1980), any telephone, gas, or telegraph or railway company, any department or agent of the Governments of Ontario or Canada, including Ontario Hydro and the County of Renfrew, provided that: 23 (i) the lot coverage, parking and loading, setback and yard requirements prescribed for the zone in which such land, building or structure is located shall be complied with; and (ii) no goods, material, or equipment shall be stored in the open in a Residential Zone, and (iii) any building erected in a Residential Zone under the authority of this paragraph shall be designed and maintained in general harmony with residential buildings of the type permitted in the zone. 4.20 Sensitive Lakes The following provisions shall apply to Raglan Lake as shown on Schedule "A". (i) A minimum water setback of thirty (30) metres shall be provided. An exception, where a lot existing as of the date of passing of this by-law has less than forty-six (46) metres in depth, then the minimum water setback shall be fifteen (15) metres. (ii) No more than one dwelling unit shall be permitted on a lot. (iii) No buildings or structures, nor the placing or removal of fill of any kind, whether it originates on the site or elsewhere, shall be permitted in the area of the water setback, except where such buildings, structures, or fill are intended for flood or erosion control. 4.21 Setbacks No person shall erect any building or structure in any Zone unless such building or structure conforms to the following setback requirements from road centrelines and waterbodies. (a) Provincial Highway 18 metres plus the minimum front yard depth required for such use in the Zone where it is located, such front yard depth being measured at the front lot line. (b) Other Road 10 metres plus the minimum front yard depth required for such use in the Zone where it is located, such front yard depth being measured at the front lot line (c) Water Setback A minimum setback of fifteen (15) metres shall be provided. Marinas, accessory boat houses and accessory boat docks shall not be required to meet the water setback. 24 4.22 Temporary Construction Uses Permitted Nothing in this by-law shall prevent uses incidental to construction such as a construction camp or other such temporary work camp, a tool shed, scaffold or other building or structure incidental to the construction, a sign not more than four and one-half (4.5) square metres incidental to the construction provided that these uses are permitted only for so long as the same are necessary for work in progress which has neither been finished or abandoned. 4.23 Visibility at Intersections in Residential Zone On a corner lot in any Residential Zone, nothing shall be erected, planted or allowed to grow in such a manner as materially to impede vision between a height of eight-tenths (.8) of a metre and three (3) metres above the centreline grades of the intersecting streets in the area bounded by the points along said lines fifteen (15) metres from the point of intersection. 25 SECTION 5 - ZONES 5.1 Zones and Zone Boundaries (a) Zone Classification For the purpose of this by-law, the following zones are established as shown on Schedule "A" and "B" (Zoning Maps). Zones Zone Symbol Residential Zones: Rural Residential RR Suburban Residential SUR Limited Service Residential LSR Commercial Zones: Highway Commercial HC Tourist Commercial TC Industrial Zones General Industrial GM Mining Industrial MM Extractive Industrial EM Disposal Industrial DM Rural Zones Rural Marginal RM Community Facility CF Stream and Wetland SW (b) Zone Boundaries Zone boundaries where possible are construed to be lot lines, street lines, railway right-of-ways or boundaries of registered plans. In the case where uncertainty exists as to the boundary of any zone, then the location of such boundary shall be determined in accordance with Schedule "A" at the original scale of 1:31,680 and Schedule "B" at the original scale of 1:4,800. 26 *(By-law 10-87)* *(c) Exception Zones Where a zone classification is followed by the numbered suffix "-Exception One", this denotes the further classification as an Exception Zone. The corresponding zone symbol suffix is "E1". Additional Exception Zones within the same zone classification are numbered consecutively (ie: Rural Marginal -Exception One (RM- E1), Rural Marginal - Exception Two (RM-E2), etc; or Suburban - Exception One (SUR-E1), Suburban-Exception Two (SUR-E2) etc.) Exception Zone provisions are listed separately under the applicable zone classification requirements sections in the text of this by-law. All provisions of this by-law which apply to a equally to the respective Exception Zone classification, except as otherwise specified by the Exception Zone provisions. For the purpose of this by-law, Exception Zones are established as shown on Schedules `A' and `B' (zoning map).* 27 SECTION 6 - REQUIREMENTS FOR RURAL RESIDENTIAL (RR) ZONES 6.1 Permitted Uses No person shall use land or erect or use a building or structure in a Rural Residential (RR) Zone except for: a) Residential Uses - a one family dwelling b) Non-Residential Uses - existing logging hauler - a public park - a private park Uses, buildings and structures which are accessory to the foregoing. 6.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Rural Residential (RR) Zone except in accordance with the following provisions: a) Lot Area (minimum) 2,000 square metres b) Lot Frontage (minimum) 35 metres c) Front Yard Depth (minimum) 7.5 metres d) Side Yard Width (minimum) 3.0 metres e) Rear Yard Depth (minimum) 7.5 metres f) Dwelling Unit Area (minimum) 65 square metres g) Lot Coverage (maximum) 33% h) Building Height (maximum) 10.5 metres i) Parking: Parking spaces shall be provided in accordance with Section 4.18 of this by-law. 28 j) Dwelling Units per Lot (maximum) 1 only 29 SECTION 7 - REQUIREMENTS FOR SUBURBAN RESIDENTIAL (SUR) ZONES 7.1 Permitted Uses No person shall use land or erect or use a building or structure in a Suburban Residential (GR) Zone except for: a) Residential Uses - a one family dwelling - a two family dwelling b) Non-Residential Uses - existing farms - a public park - existing logging hauler - a private park Uses, buildings and structures which are accessory to the foregoing. 7.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Suburban Residential (SUR) Zone except in accordance with the following provisions: a) Lot Area (minimum) i) one family dwelling 2,000 square metres ii) two family dwelling 4,000 square metres b) Lot Frontage (minimum) 35 metres c) Front Yard Depth (minimum) 7.5 metres d) Side Yard Width (minimum) 3 metres e) Rear Yard Depth (minimum) 7.5 metres f) Dwelling Unit Area (minimum) 30 i) one family dwelling 65 square metres ii) two family dwelling 110 square metres g) Lot Coverage (maximum) 33% h) Building Height (maximum) 10.5 metres i) Parking: Parking spaces shall be provided in accordance with Section 4.18 of this by-law. j) Dwelling Units per Lot (maximum) 2 only *(By-law 3-91)* *7.3 Exception Zones a) Suburban Residential - Exception One (SUR-E1) Zone: Notwithstanding any provisions of this By-law to the contrary, for the lands located within the Suburban Residential - Exception One (SUR-E1) Zone located in Lot 24, Concession XVII, Township of Raglan, a seasonal dwelling shall be permitted and the following provision shall apply: i) Water Setback (minimum) 55 metres* *(By-law 2008-11)* *b) Suburban Residential - Exception Two (SUR-E2) Zone Notwithstanding any other provisions of the By-law to the contrary, for the lands located in the SUR-E2 zone within part Lot 24, Con 17, geographic Township of Raglan, the following provision shall apply: i) Lot Frontage (minimum) 15 metres* *(By-law 2008-17)* *c) Suburban Residential - Exception Three (SUR-E3) Zone Notwithstanding any other provisions of the By-law to the contrary, for the lands located in the SUR-E3 zone within part Lot 24, Concession 16, and are located at 5 Mantifel Road, geographic Township of Raglan, a 'Craft Shop' shall also be a permitted use. Buildings and structures accessory to a 'Craft Shop' shall also be permitted.* 31 SECTION 8 - REQUIREMENTS FOR LIMITED SERVICE RESIDENTIAL (LSR) ZONES 8.1 Permitted Uses No person shall use land or erect or use a building or structure in a Limited Service Residential (LSR) Zone except for: a) Residential Uses *(By-law 4-85)* - a limited service dwelling *on an existing lot of record as of the date of passing the by-law* - a seasonal dwelling b) Non-Residential Uses - a public park - a private park Uses, buildings and structures accessory to the foregoing. 8.2 Zone Provisions No person shall within any Limited Service Residential (LSR) Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Area (minimum) 2,000 square metres b) Lot Frontage (minimum) 35 metres c) Front Yard Depth (minimum) 7.5 metres d) Side Yard Width (minimum) 3 metres e) Rear Yard Depth (minimum) 7.5 metres f) Dwelling Unit Area (minimum) 65 square metres g) Lot Coverage (maximum) 33% h) Building Height (maximum) 10.5 metres i) Parking: 32 Parking spaces shall be provided in accordance with Section 4.18 of this by-law. j) Water Setback: A water setback shall be provided in accordance with Section 4.18 of this by-law, or in the case of a Sensitive Lake, the provisions of Section 4.20 of this by-law shall apply. k) Dwelling Units per Lot (maximum) 1 only *(By-law 2008-11)* *8.3 Exception Zones a) Limited Service Residential - Exception One (LSR-E1) Zone Notwithstanding any other provisions of the By-law to the contrary, for the lands located in the LSR-E1 zone within part Lot 24, Con 17, geographic Township of Raglan, the following provision shall apply: i) Lot Frontage (minimum) 20 metres* 33 SECTION 9 - REQUIREMENTS FOR HIGHWAY COMMERCIAL (HC) ZONES 9.1 Permitted Uses No person shall use land or erect or use a building or structure in a Highway Commercial (HC) Zone except for: a) Residential Uses - an accessory dwelling unit, EXCEPT in the case of an automobile service station or commercial garage, where the accessory dwelling unit shall be a one family dwelling. b) Non-Residential Uses - existing farms - an automobile service station, commercial garage, or automobile business - building supply stores - restaurant, including drive-in restaurants - motels - tourist homes - school bus storage - hotels - park - post offices - greenhouses and nurseries - business and professional offices - service shops, including those whose products are manufactured on the premises, provided that the space devoted to such manufacturing does not exceed 50% of the total floor area - retail stores, including those whose products are manufactured on the 34 premises, provided that the space devoted to such manufacturing does not exceed 50% of the total floor area Uses, buildings and structures which are accessory to the foregoing. 9.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Highway Commercial (HC) Zone except in accordance with the following provisions: a) Lot Area (minimum) i) motel or hotel 2,750 square metres plus an additional 185 square metres for each guest room in excess of 4 ii) all other permitted uses 2,000 square metres b) Lot Frontage (minimum) i) automobile service station - interior lot 35 metres - corner lot 40 metres ii) motel or hotel 46 metres iii) all other permitted uses 35 metres c) Lot Depth (minimum) i) automobile service station 40 metres d) Front Yard Depth (minimum) i) motel, hotel, automobile service station, commercial garage, automobile business 12 metres ii) all other permitted uses 7.5 metres e) Side Yard Width (minimum) 6 metres provided that where the side lot line abuts a Residential Zone, the minimum side yard width shall be 9 metres 35 f) Rear Yard Depth (minimum) 7.5 metres provided that where the rear lot line abuts a Residential Zone, the minimum rear yard depth shall be 10.5 metres g) Lot Coverage (maximum) i) motel, hotel automobile service station, commercial garage, automobile business 33% ii) all other permitted uses 25% h) Building Height (maximum) 10.5 metres i) Dwelling Unit Area (minimum) i) one family dwelling 65 square metres ii) accessory dwelling unit 1. with one bedroom 50 square metres 2. with more than one bedroom 50 square metres plus 9 square metres for each additional bedroom j) Parking and Loading Areas: Parking and loading spaces shall be provided in accordance with Section 4.18 of this by-law. k) Dwelling Units per Lot (maximum) 1 only *(By-law 5-88)* *9.3 Exception Zone Provisions a) Highway Commercial - Exception One (HC-E1) Zones: Notwithstanding any other provisions of this By-law to the contrary, for the lands located within the Highway Commercial - Exception One (HC-E1) Zone, located within Part of Lots 23 and 24, Concession XVI in the Hamlet of Palmer Rapids, the following provisions shall apply: i) Permitted Residential Uses - an existing one-family dwelling 36 ii) Lot Frontage 15.5 metres iii) Side Yard Width 3.0 metres (for existing garage and shed)* *(By-law 2012-15)* *b) Highway Commercial - Exception Two (HC-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the HC-E2 Zone within Part of Lot 24, Concession 17, in the geographic Township of Raglan, now in the Township of Brudenell, Lyndoch and Raglan, designated as part 2 of Reference Plan 49R-16115, and known municipally 5962 Palmer Road, the site performance standards of the existing building shall apply and the following procedures shall also apply: i) Lot Area (minimum) 400 square metres ii) Lot Frontage (minimum) 17 metres* 37 SECTION 10 - REQUIREMENTS FOR TOURIST COMMERCIAL (TC) ZONES 10.1 Permitted Uses No person shall use land or erect or use a building or structure in a Tourist Commercial (TC) Zone except for: a) Residential Uses - an accessory dwelling unit b) Non-Residential Uses - cabin establishments - camping establishments - convenience store - cottage establishments - hotels - motels - recreational vehicle park - resorts - tourist homes - marina - restaurants Uses, buildings or structures accessory to the foregoing permitted uses. 10.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Tourist Commercial (TC) Zone except in accordance with the following provisions: a) Lot Area (minimum) 2,750 square metres plus an additional 185 square metres for each guest room or rental unit in excess of 4 38 b) Lot Frontage (minimum) 46 metres c) Front Yard Depth (minimum) 12 metres d) Side Yard Width (minimum) 6 metres provided that where the side lot line abuts a Residential Zone, the minimum side yard width shall be 9 metres e) Rear Yard Depth (minimum) 7.5 metres provided that where the rear lot line abuts a zone other than a Commercial or Community Facility zone, the minimum rear yard depth shall be 10.5 metres f) Accessory Dwelling Unit Area (minimum) 65 square metres g) Building Height (maximum) 12 metres h) Lot Coverage (maximum) 35% i) Parking and Loading Spaces: Parking and loading spaces shall be provided in accordance with Section 4.18 of this by-law. j) Dwelling Units per Lot (maximum) 1 only 39 SECTION 11 - REQUIREMENTS FOR GENERAL INDUSTRIAL (GM) ZONES 11.1 Permitted Uses No person shall use land or erect or use a building or structure in a General Industrial (GM) Zone except for: a) Residential Uses - a one family dwelling if occupied by a caretaker, watchman or other similar person employed full time on the lot on which such dwelling is located b) Non-Residential Uses - body shops - commercial garages - contractor's and tradesman's shops and yards - logging hauler - fabricating, manufacturing and processing plants - fuel storage tanks - retail outlets, wholesale outlets, and/or business offices accessory to a permitted use - sawmills - existing automobile wrecking yard - warehouses - welding shops Uses, buildings and structures accessory to the foregoing permitted uses. 11.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a General Industrial (GM) Zone except in accordance with the following provisions: a) Lot Area (minimum) 2,000 square metres 40 b) Yards (minimum): Abutting Industrial Zone Abutting Any Other Zone i) Front Yard Depth 15 metres 22 metres ii) Side Yard Depth 3 metres 22 metres iii) Rear Yard Depth 9 metres 22 metres provided that no side or rear yard is required along any portion of a lot line which abuts a railroad right-of-way c) Lot Frontage (minimum) 35 metres d) Lot Coverage (maximum) 50% e) Dwelling Unit Area (minimum) 65 square metres f) Open Storage: No open storage of goods and materials is permitted except in accordance with the following provisions: i) open storage use shall only be permitted in a rear yard; ii) any open storage use shall be concealed from view from any street by a fence, wall or similar method. g) Parking and Loading Areas: Parking and loading areas shall be provided in accordance with Section 4.18 of this by-law. h) Dwelling Units per Lot (maximum) 1 only 41 11.3 Exception Zone Provisions *(By-law 96-07)* *(a) General Industrial - Exception One (GM-E1) Zone Notwithstanding Section 11.1(b) to the contrary, for those lands described as part of Lot 23, Concession XVIII, Township of Raglan and delineated as General Industrial - Exception One (GM-E1) on Schedule "A" to this By-law, a sawmill and a commercial planing mill shall not be permitted non-residential uses.* *(By-law 2002-01)* *(b) General Industrial - Exception Two (GM-E2) Zone Notwithstanding anything in this By-law to the contrary, on those lands described as Part of Lot 23, Concession 18, geographic Township of Raglan and delineated as General Industrial - Exception Two (GM-E2) on Schedule "A" to this By-law, one accessory building may be built in accordance with the following provisions: Side Yard Depth on East Side (minimum) 3.0 metres *(By-law 2005-16)* *Side Yard Depth on West Side (minimum) 3.0 metres* Rear Yard Depth (minimum) 3.0 metres* (c) *(By-law 2003-05)* *(d) General Industrial - Exception Four (GM-E4) Zone Notwithstanding anything in this By-law to the contrary, on those lands described as Part of Lot 23, Concession 18, geographic Township of Raglan, more particularly described as Part 1 on Reference Plan 49R-11314, and delineated as General Industrial - Exception Four (GM-E4) on Schedule "B" t o this By-law, a business office shall be the only permitted use. The following provision shall also apply: Rear Yard Depth (minimum) 4.5 metres Uses, buildings and structures accessory to the foregoing are also permitted.* 42 *(By-law 2005-16)* *(e) General Industrial - Exception Five (GM-E5) Zone Notwithstanding anything in this By-law to the contrary, on those lands described as Part of Lot 23, Concession 18, geographic Township of Raglan, and delineated as General Industrial - Exception Five (GM-E5) on Schedule "A" to this By-law, the minimum side yard depth on the west side of the property shall be 3 metres. All of the other provisions of the GM Zone continue to apply.* *(By-law 2005-15)* *(f) General Industrial - Exception Six (GM-E6) Zone Notwithstanding anything in this By-law to the contrary, on those lands described as Part of Lot 23, Concession 18, geographic Township of Raglan, and delineated as General Industrial - Exception Six (GM-E6) on Schedule "E" to this By-law, a gas bar is a permitted use in addition to the other uses permitted in the GM Zone with the exception that a sawmill and a commercial planing mill shall not be permitted non-residential uses. The following provisions shall also apply: i) For the purposes of this by-law, a "gas bar" is defined as "one or more fuel pumps for the sale of motor fuels and related products, and includes related uses such as fuel tanks, concrete aprons and a kiosk". ii) The minimum setback for an underground fuel tank from the lot line adjacent to County Road 515 (Palmer Road) is 10 metres. iii) The minimum setback for a car fuel bar from the lot line adjacent to County Road 515 (Palmer Road) is 7.5 metres. iv) The minimum setback for a truck weigh scale from the lot line adjacent to County Road 515 (Palmer Road) is 18 metres. v) The minimum setback for a sign from the lot line adjacent to County Road 515 (Palmer Road) is nil. vi) For the purposes of this zoning by-law amendment, the subject lands shall be considered one lot. vii) The truck entrance area shall be paved with asphalt and/or concrete within one (1) year or meets any surface requirements of the County of Renfrew Public Works & Engineering Department and the Township of Brudenell, Lyndoch & Raglan.* 43 SECTION 12 - REQUIREMENTS FOR MINING INDUSTRIAL (MM) ZONES 12.1 Permitted Uses No person shall use land or erect or use a building or structure in a Mining Industrial (MM) Zone except for: a) Residential Uses - a one family dwelling if occupied by a caretaker, watchman or other similar person employed full time on the lot on which such dwelling is located b) Non-Residential Uses - warehouses - welding shops - fabricating, manufacturing and processing plants - mine - mining - retail outlets, wholesale outlets, and/or business offices accessory to a permitted use - tailings and slag piles - forestry - farms - recreational uses Uses, buildings and structures accessory to the foregoing permitted uses. *(By-law 4-85)* *c) With the exception of forestry, farms and recreational uses, all permitted non- residential uses shall be mining-related.* 12.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Mining Industrial (MM) Zone except in accordance with the following provisions: 44 a) Lot Area (minimum) 4,000 square metres b) Yards (minimum) Abutting Industrial Zone Abutting Any Other Zone i) Front Yard Depth 15 metres 22 metres ii) Side Yard Depth 3 metres 22 metres iii) Rear Yard Depth 9 metres 22 metres provided that no side or rear yard is required along any portion of a lot line which abuts a railroad right-of-way c) Lot Frontage (minimum) 35 metres d) Lot Coverage (maximum) 50% e) Dwelling Unit Area (minimum) 65 square metres f) Screening, Planting No land in a Mining Industrial (MM) Zone shall be used for any other purpose than for planting grass, shrubs, trees, or similar uses or erecting berms within i) thirty (30) metres of any zone other than an industrial zone, and ii) fifteen (15) metres of any street line g) Parking and Loading Areas: Parking and loading areas shall be provided in accordance with Section 4.18 of this by-law. h) Dwelling Units per Lot (maximum) 1 only 45 SECTION 13 - REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL (EM) ZONES 13.1 Permitted Uses No person shall use land or erect or use a building or structure in an Extractive Industrial (EM) Zone except for: a) Residential Uses - prohibited b) Non-Residential Uses - aggregate screening operations - concrete batching plants - crushing plants Uses, buildings and structures accessory to the foregoing permitted uses. 13.2 Other Permitted Uses - gravel pit - stone quarry 13.3 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in an Extractive Industrial (EM) Zone except in accordance with the following provisions: a) Yards (minimum): Abutting Industrial Zone Abutting Any Other Zone i) Front Yard Depth 22 metres 30 metres ii) Side Yard Depth 15 metres 30 metres iii) Rear Yard Depth 15 metres 30 metres 46 b) Location of Gravel Pits: Notwithstanding any other provision of this by-law to the contrary, no gravel pit shall be established or made within ninety (90) metres of any lot line or portion thereof which abuts a Residential Zone. c) Location of Processing Operations and Quarries: Notwithstanding any other provision of this by-law to the contrary, no stone quarry shall be made or established and no concrete batching plant, crushing plant or aggregate screening operation shall be located within ninety (90) metres of any lot line or portion thereof which abuts a Residential Zone. d) Screening Planting: No land in an Extractive Industrial (EM) Zone shall be used for any other purpose than for planting grass, shrubs, trees or similar uses within: i) thirty (30) metres of any zone other than an industrial zone, and ii) twenty-two (22) metres of any street line. e) Setback from Water: No gravel pit, crushing plant, concrete batching plant, stone quarry or aggregate screening operation shall be established or made within fifty (50) metres of the high water mark of any river, lake, or bay. 47 SECTION 14 - REQUIREMENTS FOR DISPOSAL INDUSTRIAL (DM) ZONES 14.1 Permitted Uses No person shall use land or erect or use a building or structure in a Disposal Industrial (DM) Zone except for: a) Residential Uses - prohibited b) Non-Residential Uses - salvage yards - sanitary landfill sites - waste disposal areas Uses, buildings and structures accessory to the foregoing permitted uses. 14.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Disposal Industrial (DM) Zone except in accordance with the following provisions: a) Yards (minimum): Abutting Industrial Zone Abutting Any Other Zone i) Front Yard Depth 22 metres 30 metres ii) Side Yard Depth 15 metres 30 metres iii) Rear Yard Depth 15 metres 30 metres b) Screening, Planting: No land in a Disposal Industrial (DM) Zone shall be used for any other purpose than for planting grass, shrubs, trees or similar uses or erecting berms within: 48 i) thirty (30) metres of any zone other than an industrial zone and ii) twenty-two (22) metres of any street line. c) Abandoned or Rehabilitated No building shall be erected or constructed on any sanitary landfill site or waste disposal area that has been abandoned or rehabilitated. 49 SECTION 15 - REQUIREMENTS FOR RURAL MARGINAL (RM) ZONES 15.1 Permitted Uses No person shall use land or erect or use a building or structure in a Rural Marginal (RM) Zone except for: a) Residential Uses - accessory one family dwelling - a one family dwelling - a two family dwelling b) Non-Residential Uses - farms including forestry and potato farms - a specialized farm - nurseries and greenhouses - cemeteries - logging hauler - private clubs - private park - public park - radio beacons and transmitter towers - roadside stand - existing private airfields - exploratory mineral work, so as to establish a valuable mineral in place, but shall not include a mine or mining as defined by The Mining Act, R.S.O. 1980. Uses, buildings and structures accessory to the foregoing permitted uses. 50 15.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Rural Marginal (RM) Zone except in accordance with the following provisions: a) Lot Area (minimum) i) farms 24 hectares ii) all other permitted uses 2,000 square metres b) Lot Frontage (minimum) i) farms 60 metres ii) all other permitted uses 35 metres c) Front Yard Depth (minimum) i) farms 12 metres ii) all other permitted uses 7.5 metres d) Side Yard Width (minimum) i) farms 9 metres ii) all other permitted uses 3 metres e) Rear Yard Depth (minimum) i) farms 15 metres ii) all other permitted uses 7.5 metres f) Dwelling Unit Area (minimum) 65 square metres g) Lot Coverage (maximum) i) farms 20% ii) all other permitted uses 33% 51 h) Parking: Parking spaces shall be provided in accordance with Section 4.18 of this by-law. i) Accessory Buildings and Structures Associated with Exploratory Mineral Works (maximum) 9.3 square metres j) Dwelling Units per Lot (maximum) 2 only k) Dwelling Unit Location: No dwelling unit shall be erected within 300 metres of any feed lot, manure storage area or livestock building on a specialized farm unless the dwelling unit is on the same lot. l) Specialized Farm Location: No part of any livestock building, feed lot or manure storage area on a specialized farm shall be located closer than 300 metres to any residential use on another lot. *(By-law 12-87)* *15.3 Exception Zone Provisions (a) Rural Marginal - Exception One (RM-E1) Zone: Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Rural Marginal-Exception One (RM-E1) Zone, located in Lot 28 and 29, Concession XV, Lot 28 and 29, Concession XVI and Parts of Lots 25, 26 and 27, Concession XVI, outdoor recreation uses including hiking, camping, rock collecting, cross-country skiing, and snow shoeing uses shall be permitted as part of a wilderness excursions program for underprivileged individuals.* *(By-law 99-17)* *(b) Rural Marginal - Exception Two (RM-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, in addition to the normal uses permitted in the Rural Marginal (RM) Zone, for those lands located within part of Lot 30, Concession XIV, geographic Township of Raglan, and described as Part 1 on reference plan 49R-13938, a commercial carpentry/ woodworking workshop shall be a permitted use. A commercial carpentry/ woodworking workshop shall mean an area of land including buildings and structures where carpentry and woodworking are performed and where material and equipment related to the workshop are stored.* 52 *(By-law 2000-04)* *(c) Rural Marginal - Exception Three (RM-E3) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands within the RM-E3 Zone and described as Part 1 on Reference Plan 49R-14299 and located within Part of Lot 31, Concession XIII, geographic Township of Raglan, the following exception provisions shall apply: i) Lot Area (minimum) 1500 square metres ii) Lot Frontage (minimum) 25 square metres* *(By-law 2000-04)* *(d) Rural Marginal - Exception Four (RM-E4) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands within the RM-E4 Zone and located within Part of Lot 31, Concessions XIII and XIV, geographic Township of Raglan, the minimum lot frontage shall be 20 metres.* *(By-law 2011-17)* *(e) Rural Marginal - Exception Five (RM-E5) Zone Notwithstanding section 4.21(c), or any other provisions of this By-law to the contrary, for the lands located in the RM-E5 Zone, within Part of Lot 26, Concession 15, in the geographic Township of Raglan, now in the Township of Brudenell, Lyndoch and Raglan, and designated as Parts 1, 3, 4 and 6 of Reference Plan 49R- 17074, a minimum water setback of 30 metres shall be provided for all buildings and structures, including private sewage disposal systems, from the high water mark of the Madawaska River.* *(By-law 2013-33)* *(f) Rural Marginal - Exception Six (RM-E6) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RM-E6 Zone, within Part of Lot 26, Concession 15, in the geographic Township of Raglan, and comprised of part of Parts 1, 2, 3 and 9, and all of Parts 4, 5 and 10, of Reference Plan 49R-17917, a 30 metre wide vegetative buffer along the edge of the Madawaska River shall be required to be maintained. Buildings and structures, including private sewage disposal systems, shall not be permitted in the vegetative buffer. 53 15.4 Holding Zones (a) Rural Marginal - Exception Six-holding (RM-E6-h) - Part of Lot 26, Concession 15, in the geographic Township of Raglan Until such time that the holding symbol is removed from any of the land zoned RM- E6-h within Part of Lot 26, Concession 15, in the Township of Brudenell, Lyndoch and Raglan, and comprised of part of Parts 1, 2, 3 and 9, and all of Parts 6, 7 and 8, of Reference Plan 49R-17917 in accordance with the condition set forth herein, no person shall use land or erect or use a building or structure except in accordance with the following: (1) Permitted Uses - existing uses in existing locations - open space - passive recreation that does not require a building (2) Condition for removal of the Holding (h) Symbol The holding symbol shall not be removed until the following condition has been met and approved to Council's satisfaction: a) Approval of a Lot Grading and Drainage Plan by the Township. The recommendations of the Lot Grading and Drainage Plan may be incorporated into a Development Agreement, if required by the municipality.* 54 SECTION 16 - REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONES 16.1 Permitted Uses No person shall use land or erect or use a building or structure in a Community Facility (CF) Zone except for: a) Residential Uses - an accessory dwelling unit - senior citizens housing units b) Non-Residential Uses - assembly hall - community centre - recreation centre - medical clinic - cemeteries - municipal yard - provincial yard - church - institution - schools - recreational uses - park - club, commercial - club, private - forestry 55 - an administrative office of the corporation, the County, the Province, or of the Dominion of Canada including municipal offices, libraries, post offices, police stations, firehalls. Uses, buildings and structures accessory to the foregoing permitted uses. 16.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Community Facility (CF) Zone except in accordance with the following provisions: a) Lot Area (minimum) Nil b) Front Yard Depth (minimum) 10.5 metres c) Side Yard Width (minimum) 5 metres or 1/2 the height of the building whichever is greater d) Rear Yard Depth (minimum) 15 metres e) Lot Coverage (maximum) 20% f) Building Height (maximum) 12 metres g) Parking: Parking spaces shall be provided in accordance with Section 4.18 of this by-law. *(By-law 12-87)* *16.3 Exception Zone Provisions a) Community Facility - Exception One (CF-E1) Zones: Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the Community Facility-Exception One (CF-E1) Zone, located in Part of Lot 26, Concession XVI, staff and client dormitory uses shall be permitted as part of a wilderness excursions program for underprivileged individuals.* 56 SECTION 17 - REQUIREMENTS FOR STREAM AND WETLAND (SW) ZONES 17.1 Permitted Uses No person shall use land or erect or use a building or structure in a Stream and Wetland (SW) Zone except for: a) Residential Uses - a one family dwelling existing at the time of passing of this by-law b) Non-Residential Uses - forestry - existing farms including forestry but not including a specialized farm as described herein, and excluding any additional dwelling associated with a farm use - conservation areas - public park - private park - recreation areas - Accessory uses, buildings and structures provided such accessory buildings and structures shall not exceed nine and three-tenths (9.3) square metres 17.2 Zone Provisions No person shall use any lot or erect, alter or use any building or structure in a Stream and Wetland (SW) Zone except in accordance with the following provisions: a) Front Yard Depth (minimum) 10.5 metres b) Side Yard Width (minimum) 5 metres c) Rear Yard Depth (minimum) 15 metres d) Lot Coverage (maximum) 1% e) Building Height (maximum) 5 metres 57 SECTION 18 - ADMINISTRATION 18.1 Administrator This by-law shall be administered by the Chief Building Official or by a Zoning Administrator appointed by Council, or by such other person as the Council may designate from time to time for such purpose. 18.2 Certificate of Occupancy No change may be made in the type of use of any lot covered by this by-law or of any building or structure in any such lot or of any part of such lot, building or structure, until a Certificate of Occupancy has been issued by the Chief Building Official or Zoning Administrator to the effect that the proposed use complies with this by-law. 18.3 Inspection The Zoning Administrator, Chief Building Official or any officer or employee of the Corporation, acting under the direction of the Council, with the permission of the property owner, or acting under the direction of the Courts, is hereby authorized to enter, at all reasonable hours, upon any property or premises for the purpose of carrying out his duties under this by-law. 18.4 Violations and Penalties Every person who uses a lot, or erects or uses any building or structure or any part of any lot, building or structure in a manner contrary to any requirement of this by-law, or who causes or permits such use or erection, or who violates any provision of this by-law or causes or permits a violation, shall be guilty of an offence and upon conviction therefore, shall forfeit and pay a penalty not exceeding One Thousand Dollars ($1,000.00) exclusive of costs for each such offence, and every such penalty shall be recoverable under The Municipal Act and The Summary Convictions Act. 18.5 Remedies In case any building or structure is to be erected, altered, reconstructed, extended or part thereof is to be used, or any lot is to be used, in contravention of any requirement of this by- law, such contravention may be restrained by action at the instance of any ratepayer or of the Corporation pursuant to the provisions of The Planning Act or The Municipal Act in that behalf. 18.6 Validity If any section, clause or provision of this by-law including anything contained in Schedule "A" or Schedule "B" attached hereto, is for any reason declared by a court of competent 58 jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this by-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. 18.7 Other By-laws Repealed All by-laws in force within the Municipality regulating the use of lands and the character, location, bulk, height and use of buildings and structures, be and the same, are hereby amended insofar as it is necessary to give effect to the provisions of this by-law and the provisions of this by-law shall govern. 18.8 Approval This by-law shall become effective on the date hereof subject to receiving the approval of the Ontario Municipal Board. This by-law given its FIRST and SECOND reading this 2nd day of March, A.D., 1983. This by-law read a THIRD time and finally passed this 2nd day of March, A.D., 1983. Elmer Krieger REEVE (seal) Evaliene Krieger CLERK Approved by the Ontario Municipal Board dated