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THE CORPORATION OF
THE VILLAGE OF BURK'S FALLS
COMPREHENSIVE ZONING BY-LAW XXXXX
A By-law to regulate the use of land, and the character, location and use of buildings and structures in
the Village of Burk's Falls:
WHEREAS the Council of the Corporation of the Village of Burk's Falls deems it expedient to implement
the Official Plan in effect for the Village of Burk's Falls,
WHEREAS authority is granted under Section 34 of the Planning Act, as amended, to pass this By-law;
and,
NOW THEREFORE he Council of the Corporation of the Village of Burk's Fall's enacts as follows:
READ a First and Second and Third Time and Finally passed this the xxth day of xxxxx, 202x
1st Reading DATE
2nd Reading DATE
3rd Reading DATE
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 2 of 58
CONTENTS
1.0
Administration ............................................................................................ 6
1.1
Title .................................................................................................................................................. 6
1.2
Application ...................................................................................................................................... 6
1.3
Administration ................................................................................................................................ 6
1.4
Licences and Permits ..................................................................................................................... 6
1.5
Injunction ........................................................................................................................................ 6
1.6
Violations and Penalties ................................................................................................................ 6
1.7
Effective Date ................................................................................................................................. 6
1.8
Application of Regulations ........................................................................................................... 6
1.9
Incorporation of Zoning Maps...................................................................................................... 7
1.10
Establishment of Zones ................................................................................................................. 7
1.11
Exception Zones ............................................................................................................................. 7
1.12
Interpretation of Zone and Exception Zone Boundaries .......................................................... 8
1.13
Interpretation of Words/Phrases.................................................................................................. 9
1.14
Use of Holding Zone (H) Provisions .......................................................................................... 10
1.15
Repeal of Existing By-laws ......................................................................................................... 10
1.16
Application of Other By-laws .................................................................................................... 10
1.17
Greater Restrictions of Other Jurisdictions .............................................................................. 10
1.18
Buildings to be Moved ............................................................................................................... 10
1.19
Building Permits .......................................................................................................................... 10
1.20
Application for Certificate of Occupancy and Building Permit ............................................. 11
1.21
Certificates of Occupancy .......................................................................................................... 11
2.0
General Provisions ................................................................................... 12
2.1
Accessory Uses and Buildings ................................................................................................... 12
2.1.1
Accessory Buildings ....................................................................................................... 12
2.1.2
Additional Residential Units.......................................................................................... 12
2.1.3
Home Industries ............................................................................................................. 13
2.1.4
Home Occupations ........................................................................................................ 13
2.2
Cannabis Production and Processing ....................................................................................... 14
2.3
Construction Uses ....................................................................................................................... 15
2.4
Deeming of Non-Complying Buildings or Structures ............................................................. 15
2.5
Deeming of Non-Conforming Uses .......................................................................................... 15
2.6
Non-conforming Uses within any Groundwater Protection Zone ........................................ 16
2.7
Easement...................................................................................................................................... 16
2.8
Fences........................................................................................................................................... 16
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 3 of 58
2.9
Floodway Limits for Magnetawan River ................................................................................... 16
2.10
Frontage on a Public Road ........................................................................................................ 16
2.11
Height Exemption ....................................................................................................................... 17
2.12
Loading Space Requirements ................................................................................................... 17
2.12.1 General Loading Space Requirements........................................................................ 17
2.12.2 Residential Loading Space Requirements .................................................................. 17
2.13
Lots with less Lot Area and/or Lot Frontage than Required .................................................. 17
2.14
Lots with more than One Zone .................................................................................................. 18
2.15
Model Homes .............................................................................................................................. 18
2.16
Outside lighting Facilities .......................................................................................................... 18
2.17
Outdoor Open Storage .............................................................................................................. 18
2.18
Parking Regulations .................................................................................................................... 19
2.18.1 Dimensions of Parking Spaces ..................................................................................... 19
2.18.2 General Parking Space Provisions ............................................................................... 19
2.18.3 Accessible Parking Regulations ................................................................................... 21
2.18.4 Bicycle Parking Regulations .......................................................................................... 22
2.19
Pits and Quarries ......................................................................................................................... 22
2.20
Prohibited Forms of Dwelling Units ......................................................................................... 22
2.21
Shipping or Storage Container Regulations ............................................................................ 22
2.22
Servicing Requirements ............................................................................................................. 22
2.23
Short Term Accommodation ..................................................................................................... 23
2.24
Sight Triangles ............................................................................................................................. 23
2.25
Signs ............................................................................................................................................. 23
2.26
Source Water Protection ............................................................................................................ 24
2.27
Special Setbacks - Provincial Highways and Railway Lines ................................................... 24
2.28
Swimming Pools .......................................................................................................................... 24
2.29
Uses Permitted In all Zones ....................................................................................................... 25
2.30
Uses Prohibited in all Zones ...................................................................................................... 25
2.31
Non-Compliance Resulting from Conveyance or Expropriations ......................................... 25
2.32
Yard Encroachments ................................................................................................................... 26
3.0
Residential Zones ..................................................................................... 27
3.1
Residential One (R1) Zone ......................................................................................................... 27
3.1.1
Permitted Buildings and Uses ...................................................................................... 27
3.1.2
Permitted Accessory Buildings and Uses .................................................................... 27
3.1.3
Zone Regulations ........................................................................................................... 27
3.1.4
Exceptions ...................................................................................................................... 28
3.1.5
General Zone Provisions ............................................................................................... 28
3.2
Residential Two (R2) Zone ......................................................................................................... 28
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 4 of 58
3.2.1
Permitted Buildings and Uses ...................................................................................... 28
3.2.2
Permitted Accessory Buildings and Uses .................................................................... 28
3.2.3
Zone Regulations ........................................................................................................... 28
3.2.4
Exception Zones ............................................................................................................ 29
3.2.5
General Zone Provisions ............................................................................................... 29
3.3
Residential Three (R3) Zone ...................................................................................................... 30
3.3.1
Permitted Buildings and Uses ...................................................................................... 30
3.3.2
Permitted Accessory Buildings and Uses .................................................................... 30
3.3.3
Zone Regulations ........................................................................................................... 30
3.3.4
Exception Zones ............................................................................................................ 31
3.3.5
General Zone Provisions ............................................................................................... 31
3.4
Limited Service Residential (LSR) Zone .................................................................................... 31
3.4.1
Permitted Uses ............................................................................................................... 31
3.4.2
Zone Regulations ........................................................................................................... 31
3.4.3
General Zone Provisions ............................................................................................... 31
4.0
Neighbourhood Supporting Use Zones ............................................... 32
4.1
Institutional Zone (I) .................................................................................................................... 32
4.1.1
Permitted Buildings and Uses ...................................................................................... 32
4.1.2
Zone Regulations ........................................................................................................... 32
4.1.3
Exception Zones ............................................................................................................ 32
4.1.4
General Zone Provisions ............................................................................................... 32
4.2
Neighbourhood Commercial Zone (C1) .................................................................................. 33
4.2.1
Permitted Buildings and Uses ...................................................................................... 33
4.2.2
Zone Regulations ........................................................................................................... 33
4.2.3
Exception Zones ............................................................................................................ 33
4.2.4
General Zone Provisions ............................................................................................... 33
5.0
Commercial Use Zones ............................................................................ 34
5.1
Commercial Core (C2) Zone ...................................................................................................... 34
5.1.1
Permitted Buildings and Uses ...................................................................................... 34
5.1.2
Zone Regulations ........................................................................................................... 35
5.1.3
Regulations for Apartment Dwellings .......................................................................... 35
5.1.4
Exception Zones ............................................................................................................ 36
5.1.5
General Zone Provisions ............................................................................................... 36
5.2
Highway Commercial (C3) Zone ............................................................................................... 36
5.2.1
Permitted Uses and Buildings ...................................................................................... 36
5.2.2
Zone Regulations ........................................................................................................... 37
5.2.3
Exception Zones ............................................................................................................ 37
5.2.4
General Zone Provisions ............................................................................................... 37
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 5 of 58
6.0
Employment Area Zones ......................................................................... 38
6.1
Employment Area (E) ................................................................................................................. 38
6.1.1
Permitted Buildings and Uses ...................................................................................... 38
6.1.2
Uses Permitted as an Accessory Use to a Permitted Use Specified Herein ............. 38
6.1.3
Zoning Regulations ........................................................................................................ 39
6.2
Extractive Industrial (ME) Zone ................................................................................................. 39
6.2.1
Permitted Uses ............................................................................................................... 39
6.2.2
Zone Regulations ........................................................................................................... 39
6.2.3
Buffer Strip Requirements ............................................................................................. 39
6.2.4
General Zone Provisions ............................................................................................... 39
7.0
Recreational Zones................................................................................... 40
7.1
Recreation (RE) Zone .................................................................................................................. 40
7.1.1
Permitted Buildings and Uses ...................................................................................... 40
7.1.2
Permitted Accessory Buildings and Uses .................................................................... 40
7.1.3
Zone Regulations ........................................................................................................... 40
8.0
Natural Heritage System Zones ............................................................. 41
8.1
Natural Environment (NE) Zone ................................................................................................ 41
8.1.1
Permitted Uses ............................................................................................................... 41
8.1.2
Permitted Buildings and Structures ............................................................................. 41
8.1.3
Zone Regulations ........................................................................................................... 41
8.2
Floodway (F) Zone ...................................................................................................................... 41
8.2.1
Permitted Uses ............................................................................................................... 41
8.2.2
Permitted Buildings and Structures ............................................................................. 41
8.2.3
Zone Regulations ........................................................................................................... 41
9.0
Future Development Area (FDA) Zone................................................. 42
9.1
Permitted Buildings and Uses ................................................................................................... 42
9.2
Zone Regulations ........................................................................................................................ 42
10.0 Definitions ................................................................................................. 43
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 6 of 58
1.0 ADMINISTRATION
1.1
Title
This By-law shall be known as "The Village of Burk's Falls Comprehensive Zoning By-law".
1.2
Application
For the purpose of this By-law all the lands within the boundaries of the Municipality are hereby
divided into various Zones to which the provisions and regulations herein shall respectively
apply.
1.3
Administration
This By-law shall be administered by the By-law Enforcement Officer, Chief Building Official and
Clerk/Administrator, or any other person as Council designates.
1.4
Licences and Permits
No municipal permit, certificate, or licence shall be issued where the said permit is required for
a proposed use of land or a proposed erection, alteration, enlargement or use of any building
or structure that is in violation of any of the provisions of this Bylaw.
1.5
Injunction
In case the whole, or any part of, any building or structure is, or is to be, used, erected,
structurally altered, enlarged or extended or the whole or any part of any lot is, or is to be used,
in contravention of this By-law, such contravention may be restrained by action at the instance
of the Municipality or of any ratepayer pursuant to the provisions of all applicable statutes and
regulations in force at the time of the contravention.
1.6
Violations and Penalties
Any person guilty of an offence and convicted of a breach of any of the provisions of this By-law
shall be liable to a fine not to exceed the maximum amount stipulated in Planning Act, as
amended, exclusive of costs, for each offence, and every such penalty shall be recoverable
under the Provincial Offences Act.
1.7
Effective Date
This By-law shall come into effect on the date of adoption by the Council of the Village of Burk's
Falls, and in accordance with Section 34 of the Planning Act, as amended.
1.8
Application of Regulations
No person shall within any Zone or Exception Zone, use any land or erect, build, construct,
reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any building or structure,
except in conformity with this By-law for the Zone or Exception Zone in which such land, building,
structure or use is located.
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 7 of 58
1.9
Incorporation of Zoning Maps
The location and boundaries of the Zones and Exception Zones established by this By-law as
shown on Schedule A, Maps 1 through 42 together with everything shown thereon and all
succeeding amendments thereto, are hereby incorporated in and declared to form part of this
By-law.
1.10 Establishment of Zones
(a) For the purpose of this By-law Schedule A, Maps 1 and 2 shall be referred to as the
Zoning Maps for the Village of Burk's Falls and the Zoning Maps shall be divided into
the following Zones and such Zones are shown on the Zoning Maps by symbols
consisting of letters and numbers or letters or symbols only as the case may be, as listed
below:
ZONE CATEGORY
ZONE SYMBOL
Residential One
R1
Residential Two
R2
Residential Three
R3
Limited Service Residential
LSR
Neighbourhood Commercial
C1
Commercial Core
C2
Highway Commercial
C3
Institutional
I
Employment Area
E
Extractive Industrial
ME
Recreational
RE
Natural Environment
NE
Floodway Zone
F
Future Development
FD
(b) The symbols listed in subsection a) shall be used to refer to land, buildings, and
structures and to the use thereof permitted by this By-law in the said Zones, and
whenever in this By-law the word "Zone" is used, preceded by any of the said symbols,
such Zones shall mean any area within the Municipality delineated on the Zoning Maps
and designated thereon by the said symbol.
1.11 Exception Zones
Certain areas within any of the various Zones or within parts of more than one Zone may be more
specifically regulated and such areas shall be known as "Exception Zones". All Zones may be
subdivided into one or more Exception Zones which shall be designated by reference to the
symbol of the Zone within which each such Exception Zone is located together with an additional
symbol - either letter, number, or both so as to differentiate different Exception Zones within a
Zone from each other and from other areas within the Zone.
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 8 of 58
1.12 Interpretation of Zone and Exception Zone Boundaries
Where any uncertainty exists as to the location of the boundary of any of the said zones or
Exception Zones as shown on the Zoning Maps, the following shall apply:
i)
The boundary of the Zones or Exception Zone are the centre lines of the road allowance,
alleys or the lot lines and the projection thereof, unless otherwise shown;
ii) Where Zone boundaries or Exception Zone boundaries are indicated as approximately
following lot lines shown on a registered plan of subdivision, such lot lines shall be
deemed to be the said boundary;
iii) Where Zone boundaries or Exception Zone boundaries are indicated as approximately
parallel to the street line and the distance from such street line is not indicated, such
Zone boundaries or Exception Zone boundaries shall be construed as being parallel to
such street line and the distance therefore shall be determined by the use of the scale
shown on the Zoning Maps;
iv) Where a street, private road, or electrical transmission line right-of-way, or watercourse
included on the map is included within the Zone or Exception Zone of the adjoining
property on either side, and where such street, private road, right-of way, or watercourse
serves as a boundary between two or more different Zones, Exception Zones or both, a
line midway in such street, private road, right-of-way, or watercourse and extending in
the general direction of the long division thereof is considered the boundary between
Zones, Exception Zones, or both, unless specifically indicated otherwise;
v) Where a dedicated street, or right-of-way shown on the map is closed, the property
formerly in said street, or right-of-way shall be included within the Zone or Exception
Zone of the adjoining property on either side of the said closed street, or right-of-way,
and the Zone boundary or Exception Zone boundary shall be the former centreline of
said closed street, or right-of-way;
vi) a Zone or Exception Zone boundary is indicated as following the edge of a watercourse,
the boundary shall follow the top of bank of such watercourse and, in the event that the
top of bank of such watercourse changes, the boundary shall be taken as having moved
with the top of bank;
vii) Where a Zone or Exception Zone boundary is indicated as following the shoreline of the
Magnetawan River, the boundary shall follow the water's edge and, in the event that the
water's edge changes, the boundary shall be taken as having moved with the said
water's edge;
viii) Where a Exception Zone boundary appears to follow a Zone boundary it shall be taken
as following such Zone boundary;
ix) Wherever it occurs, the corporate limit of the Municipality is the boundary of the Zone
or Exception Zone adjacent to it;
x) Where any setback is related to a Zone or Exception Zone boundary which has moved
under circumstances referred to in subsections vi. and vii., the point of line of reference
of such setback shall be taken as equally moved; and/or,
xi) Where any Zone or Exception Zone boundary is left uncertain after application of the
preceding provisions, then the boundary line shall be determined according to the scale
on the Zoning Maps in the office of the Clerk or other Municipal Officer, as designated
by Council.
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 9 of 58
1.13 Interpretation of Words/Phrases
(a) Minimum Requirements - In interpreting and applying the provisions of this By-law, the
said provisions are held to be the minimum requirements. Except for those specifically
stated as being maximum, any numerical figures in this By-law shall be the minimum
requirements.
(b) Meaning of Use - Unless the context otherwise requires, the expression "use" or "to use"
in this By- law shall include anything done or permitted to be done by the owner or
occupant of any land, building, or structure, directly or indirectly, by or through any
trustee, tenant, servant, or agent, acting for or with the knowledge or consent of such
owner or occupant, for the purpose of making use of the said land, building or structure.
(c) Meaning of Shall - In this By-law, the word "shall" shall always be construed as
mandatory.
(d) Meaning of Building or Structure - A "building" or "structure" as defined herein shall
include any part thereof.
(e) Number and Gender - In this By-law, unless the contrary intention appears otherwise,
words importing the singular number or the masculine gender only shall include more
persons, parties, or things of the same kind than one, and females as well as males, and
the converse.
(f) Special Use Regulations for Exception Zones - To each Exception Zone within any Zone
there shall apply such special use regulations as may be established by this By-law with
respect to such Exception Zone and, in addition to such special use regulations, all
provisions of this By-law including the general regulations applicable to the Zone within
which the Exception Zone is located shall apply to the Exception Zone; provided that,
and unless a contrary intention appears from the special use regulations:
i)
If the special use regulations are different from the corresponding regulations
of this By-law, including the general regulations applicable to the Zone within
which the Exception Zone is located, the special use regulations shall supersede
and prevail over such corresponding regulations of this Bylaw;
ii) If the special use regulations establish one or more specifically permitted uses
for the Exception Zone, such permitted use or uses shall be the only purpose or
purposes for which the Exception Zones may be used; and,
iii) If the special use regulations specifically permit one or more uses in addition to
those otherwise permitted in the Zone within which the Exception Zone is
located, any and all of the other special use regulations applicable to the
Exception Zones shall apply only to the additional permitted use or uses and not
to uses otherwise permitted in the Zone.
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 10 of 58
1.14 Use of Holding Zone (H) Provisions
(a) Where the zoning applying to any lot includes the symbol (H) suffixed to any Zone
symbol, the provisions of the Planning Act shall apply to such lands until such time as
the By-law is amended to remove the holding symbol (H).
Application of the (H) symbol indicates that development of the lands is premature at
the present time. However, it does indicate the use to which lands, buildings or
structures may be put at such time in the future as the holding symbol is removed by
amendment to this By-law. The Official Plan outlines the criteria to be satisfied in order
to remove the holding symbol (H).
(b) The passing of such an amendment only requires that notice be given of Council's
intention to pass the by-law and the earliest date on which Council will meet to consider
the matter. Upon adoption there is no further notice of passing required nor any appeal
period as with regular zoning by-law amendments. Only the applicant has the right to
refer the matter to the Local Planning Appeal Tribunal if Council refuses to pass the by-
law.
1.15 Repeal of Existing By-laws
From the coming into force of this by-law, By-law No. 1-2012, as amended by By-law 5-2000,
passed under Section 34 of the Planning Act, as amended, or a predecessor thereof, shall be
deemed to have been repealed except to the extent that any of the said by-laws prohibit the use
of any land, building or structure for a purpose that is also prohibited by this By-law.
1.16 Application of Other By-laws
Nothing in this By-law shall serve to relieve any person from the obligation to comply with the
requirements of the Ontario Building Code or any other By-law of the Municipality in force from
time to time or the obligation to obtain any licence, permit, authority or approval required under
any by-law of the Municipality.
1.17 Greater Restrictions of Other Jurisdictions
Nothing in this By-law shall reduce the severity of restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restriction.
1.18 Buildings to be Moved
No building, residential or otherwise, shall be moved within the limits of the Municipality or shall
be moved into the Municipality from outside, without a permit from the Chief Building Official.
1.19 Building Permits
In addition to fulfilling the requirements of any by-law enacted pursuant to Section 34 of the
Planning Act, as amended, no person shall commence to use any lands or erect, occupy, alter,
enlarge or use any buildings or structures until he has applied for and received from the Chief
Building Official, a building permit as herein provided.
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April 2022
Village of Burk's Falls
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1.20 Application for Certificate of Occupancy and Building Permit
A Certificate of Occupancy shall be applied for simultaneously with every application for a
building permit. Unless deemed unnecessary by the Chief Building Official, such application
shall be accompanied by a plan in duplicate, drawn to scale, in metric, and based on a survey
by an Ontario Land Surveyor showing and containing:
i)
The true shape and dimensions of the lot to be built upon or otherwise developed;
ii) The proposed location, grade, height and dimensions of any buildings, structures, use
or work proposed for the lot;
iii) The proposed locations and dimensions of any yards, setbacks, landscaping, off-street
parking spaces or off-street loading facilities required by this By-law;
iv) The location on the lot of every building thereon;
v) A detailed drawing of each building and structure indicating the type of material to be
used;
vi) A statement, signed by the owner or his agent duly authorized thereunto in writing,
disclosing the exact use proposed for each building aforesaid and giving all information
necessary to determine whether or not such building and the proposed use thereof
conforms with the requirements of this By-law; and,
vii) The lack of a survey or a mistake does not relieve any person from liability for not
complying with the requirements of this By-law, i.e., responsibility is not upon the
Municipality, whose rights are preserved even in the case of a mistake of its own Official.
1.21 Certificates of Occupancy
No building or structure which has been erected or altered is to be used or changed in use, in
whole or in part, until a Certificate of Occupancy has been issued by the Chief Building Official
stating that the proposed use and occupancy of such land, building, or structure, complies with
the provisions of this By-law.
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 12 of 58
2.0 GENERAL PROVISIONS
The provisions of this Section shall apply to all Zones contained in the By-law except as otherwise
indicated. These provisions shall be in addition, where applicable, to the specific provisions
included in this By-law for each Zone category.
2.1
Accessory Uses and Buildings
2.1.1 Accessory Buildings
(a) Where this By-law permits a lot to be used, or a building or structure to be erected or
used for a purpose, that purpose shall include any accessory building, structure or use.
No accessory building or structure shall be used as a dwelling unit or part thereof, with
the exception of an additional residential unit (detached), as defined and regulated in
this By-law.
(b) No accessory building or accessory use shall be constructed or established on any lot or
site until the main building has commenced construction. The Village may consider the
passage of a "Temporary Use" By-law to provide for the construction of an accessory
building or use, where, in the opinion of the Council, such a Temporary Use meets the
requirements of Section 7.4 of the Village of Burk's Falls Official Plan.
(c) No accessory building or structure shall be located within a front yard. Accessory
buildings are permitted within side or rear yards in accordance with corresponding
regulations from each Zone category. Within the Natural Environment (NE) and
Floodway (F) Zones, Accessory Buildings shall be set back a minimum of 6 metres from
any Lot Line that abuts a Public Street.
(d) Accessory Buildings that are greater than 10 square metres of gross floor area shall
comply with the minimum interior side, exterior side and rear yard setbacks of the zone
in which it is located, unless otherwise permitted in this By-law.
(e) The maximum lot coverage of any accessory building or accessory buildings on any lot
shall be no greater than 15% of the lot area.
(f) The maximum height of any Accessory Building shall be 5.0 metres.
2.1.2 Additional Residential Units
(a) A maximum of two (2) Additional Residential Units (one (1) attached and one (1)
detached) may be permitted in association with a single detached dwelling, semi-
detached dwelling, or townhome dwelling in accordance with the regulations
specified by the Zone category in which the Additional Residential Unit is permitted.
(b) Additional Residential Unit (Attached)
i)
A maximum of one Additional Residential Unit (attached) shall be permitted
within the same building as a single detached dwelling or semi-detached
dwelling, with or without an Additional Residential Unit (detached);
ii) The Additional Residential Unit (attached) shall be built in accordance with all
relevant regulations within both the Building Code and Fire Code;
iii) The primary dwelling and the Additional Residential Unit (attached) shall be
connected to full municipal sanitary sewer and water services;
Comprehensive Zoning By-law XXXX
April 2022
Village of Burk's Falls
Page 13 of 58
iv) The gross floor area of the Additional Residential Unit (attached) shall be
limited to a minimum of 450 sq ft to a maximum of 50 percent of the gross
floor area of the primary dwelling unit, measured prior to the development of
the Additional Residential Unit (attached); and,
(c) Additional Residential Unit (Detached)
i)
The Additional Residential Unit (detached) shall only be permitted on the same
lot as a single detached dwelling, or semi-detached dwelling, with or without
one Additional Residential Unit (attached);
ii) The Additional Residential Unit (detached) shall not be severed from the lot
containing the single detached dwelling, or semi-detached dwelling;
iii) The Additional Residential Unit (detached) shall be built in accordance with all
relevant regulations of both the Building Code and Fire Code;
iv) The primary dwelling and the Additional Residential Unit (detached) shall be
connected to full municipal sanitary sewer and water services;
v) The gross floor area of the Additional Residential Unit (detached) shall be limited
to a minimum floor area of 37 sq. metres and a maximum of 75 square metres;
vi) The additional Residential Unit (detached) shall be placed upon a permanent
footing/foundation; and,
vii) Tenants of an Additional Residential Unit (detached) must not be required to
access the unit through the primary dwelling unit.
As such, an Additional Residential Unit (detached) must have direct pedestrian access
from a public street or laneway. A direct pedestrian access may be by an unobstructed
walkway that is built in accordance with the requirements of the Accessibility for
Ontarians with Disabilities Act.
2.1.3 Home Industries
Home industries are subject to the following regulations:
i)
It is an accessory use permitted only within Residential Type One (R1) Zone;
ii) Shall be confined to an accessory structure that complies with all applicable provisions
of Section 3.1 and the R1 Zone; and,
iii) Shall not exceed 75 square metres in gross floor area.
2.1.4 Home Occupations
Within any Residential Dwelling Unit, a Home Occupation:
i)
Is clearly an accessory use, secondary to the primary residential use and shall be
contained entirely within the dwelling unit;
ii) Is small in scale, occupying a maximum of 25 percent of the Gross Floor Area of the
dwelling unit, up to a maximum of 50 square metres of Gross Floor Area, whichever is
less;
iii) Shall accommodate the activities of members of the household residing on the
premises, and shall offer for sale only services and merchandise offered or produced on
the premises;
iv) Shall not be within an attached garage, or any accessory building; v) Does not alter the
exterior character of the primary residential building as a residence, except for one
lawful sign and does not have any outdoor/open storage of materials, equipment or
goods associated with the home occupation; and,
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v) Shall not create a public nuisance with respect to noise, traffic or parking. All parking
spaces shall be provided on the same lot as the home occupation, and shall be provided
in accordance with the requirements of Section 2.52.
vi) There shall be no external display of advertising other than a nonilluminated sign not
exceeding 0.36 square metres (3.88 ft.²) in area and the highest point of the sign or
supporting post shall not be higher than 1.2 m. (3.94 ft.) above the surrounding average
grade level to indicate to persons outside that any part of the dwelling or lot is being
used for a purpose other than residential.
vii) There shall be no outside storage or outside display of materials, supplies, equipment,
tools, products or goods which are used for, or
viii) There shall be no equipment or process used which creates noise, vibration, glare,
fumes, odours, or electrical interference in excess of that normally experienced in a
residential neighbourhood.
2.2
Cannabis Production and Processing
Cannabis Production and processing, as defined herein, shall only be permitted within the
Employment (E) Zone. Notwithstanding any other provision of this By-law, any Cannabis
Production and Processing shall be subject to the following provisions:
i)
No lands, building or structure or portion thereof used for Cannabis Production and
Processing purposes that is equipped with air treatment may be located closer than 70
metres to any Residential Zone (R1, R2, and R3), Institutional (I) Zone, or Recreational
(RE) Zone.
ii) No lands, building or structure or portion thereof used for Cannabis Production and
Processing purposes that is equipped with air treatment control may be located closer
than 150 metres to any dwelling on a separate lot or other sensitive land use.
iii) No lands, building or structure or portion thereof used for Cannabis Production and
Processing purposes that is not equipped with air treatment control may be located
closer than 300 metres to any dwelling on a separate lot or other sensitive land use.
iv) A building or structure used for security purposes for Cannabis Production and
Processing may be located in the required front yard.
v) Outdoor storage is prohibited on the property in which the Cannabis Production and
Processing is located.
vi) Cannabis Production and Processing shall only be permitted within the zones as
explicitly indicated in this Zoning By-law.
vii) All development in relation to the establishment of or expansion to Cannabis Production
and Processing shall be subject to Site Plan Control.
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2.3
Construction Uses
The following temporary structures shall be permitted in all Zones for on-going construction
work, but only for as long as such structure is necessary, and such construction work has not
been finished nor abandoned:
i)
Construction trailers, sea/shipping containers and tool sheds; and,
ii) Scaffolds or other temporary structures incidental to and necessary to support the
construction activity.
2.4
Deeming of Non-Complying Buildings or Structures
All buildings or structures erected in any Zone prior to the date of passing of this By-law that no
longer comply with the provisions of the Zone within which it is located shall be deemed to be
legal non-complying to the provisions of the applicable Zone in which it is located, provided that
said building or structure was constructed legally in accordance with the applicable
requirements in force and effect at the time of construction. Nothing in this By-law shall:
i)
Prevent the repair or restoration of any existing, noncomplying building or structure, or
part thereof, to a safe condition provided that such repair or restoration does not
increase the height, area or density of such building or structure and that the building
or structure continues to be used for the same purpose and in the same manner as it
was used on the date of passing of this By-law; and,
ii) Prevent an extension or an addition to a building or structure which is non-complying to
this By-law provided that such extension or addition does not contravene any provision
of this By-law or cause further increase to the non-compliance.
2.5
Deeming of Non-Conforming Uses
A non-conforming use means that the lot and/or the buildings and structures on the lot are being
used for a use that is not permitted by this By-law. Nothing in this By-law shall:
i)
Make legal any use of any land, building or structure which was illegal under any
previous Zoning By-law applicable within the Village of Burk's Falls and which continues
to be illegal under the provisions of this By-law;
ii) Prevent the use of any land, building or structure for any purpose prohibited by this By-
law if such land, building or structure was legally used for such purpose on the day of
the passing of this By-law, so long as it continues to be used for that purpose;
iii) Prevent the re-establishment of a non-conforming use provided that the non-
conforming use has been discontinued due to restoration, renovation purposes, or as a
result of change in ownership and/or tenancy, and that the period of discontinuity has
been for no longer than a period of 180 days; and,
iv) Prevent the erection or use for a purpose prohibited by the By-law of any building or
structure for which a permit had been issued under The Ontario Building Code Act, as
amended, prior to the date of 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 in accordance with The Ontario Building
Code Act, as amended.
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2.6
Non-conforming Uses within any Groundwater Protection Zone
(a) Notwithstanding the provisions of Section 3.4 of this By-law to the contrary, in
considering applications pertaining to enlargements, or extensions of buildings or
structures, or pertaining to changes in uses legally existing at the time of the approval of
the Official Plan, Council shall have regard to the manner in which uses have been
classified into Category A, B and C uses when determining if a proposed use is more
compatible than the existing use.
(b) When considering enlargements or extensions, the Council shall impose conditions
requiring construction standards and techniques that will minimize the degradation of
ground or surface water quality, as appropriate.
2.7
Easement
Notwithstanding any other provision of this By-law to the contrary, no part of any easement in
favour of the Village or public utility shall be obstructed by any structure, or building, from the
ground to the sky unless written approval has been obtained by the applicable authority.
2.8
Fences
Fence regulations will be included in a separate By-law adopted under the Municipal Act, and
all fences will be subject to the regulations contained therein, and are not subject to this By-law.
2.9
Floodway Limits for Magnetawan River
Waterbody
Conservative Estimate of
Regulatory Flood Elevation
Magnetawan River at High Street
295.0 masl
Magnetawan River above Dam
294.5 masl
Magnetawan River below Dam
286.5 masl
2.10 Frontage on a Public Road
(a) No building or structure may be developed in any Zone unless the lot upon which such
building or structure is to be erected fronts upon an open publicly owned and
maintained public road.
(b) For the purpose of this By-law a public road does not include an unopened road
allowance, or an unassumed road on a Registered Plan which has been deemed not to
be a Registered Plan under the provisions of the Planning Act, as amended.
(c) The above provisions shall not apply to prohibit the erection of any building on a lot on
a Registered Plan of Subdivision or a Registered Plan of Condominium where a
subdivision or condominium agreement has been entered into, but the public roads will
not be assumed until the end of the maintenance period.
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2.11 Height Exemption
Any height limitations stipulated by this By-law shall not apply to church spires, belfries, cupolas
or mechanical penthouses which are not used as a dwelling unit. In addition, chimneys;
ventilators; flagpoles; skylights; water tanks; windsocks; solar collectors; windmills; silos; grain
elevators; movie screens; telecommunications towers; public utilities or similar structures, are
not subject to the height limitations of this By-law, nor do the height limitations apply to any
necessary mechanical structures or electrical supply facilities usually situated above the roof
level.
2.12 Loading Space Requirements
2.12.1 General Loading Space Requirements
(a) Required loading spaces shall be located in rear and side yards. No loading space may be
located within any required front yard.
(b) Loading space(s) shall be provided in accordance with the following general provisions:
i)
Required general loading spaces shall be provided on the same lot occupied by the
building or structure which requires such loading spaces but shall not form part of
any driveway;
ii) Access to loading spaces shall be provided by one or more driveways which have a
minimum unobstructed width of at least 4.6 metres;
iii) All loading spaces and driveways shall be provided and maintained with a stable
surface which is treated in a manner to prevent the raising of dust or loose particles
and shall be drained in a manner to prevent the pooling of surface water or the flow
of surface water to adjacent lots; and,
iv) When a building or structure has insufficient loading spaces, to comply with the
applicable requirements on the date of passing of this By-law, it shall not be
interpreted that the deficiency be rectified. If any addition is made to the building
or structure which increases the total floor area, additional loading spaces shall be
provided, as required, for the total floor area of such addition.
2.12.2 Residential Loading Space Requirements
A minimum of one loading space shall be provided and maintained for every apartment
building, and every mixed-use building that has more than five dwelling units. Each required
loading space shall have minimum dimensions of 10.0 metres long, 4.5 metres wide and a
minimum vertical clearance of 4.0 metres.
2.13 Lots with less Lot Area and/or Lot Frontage than Required
Where a conveyable lot existing on the date of passing of this By-law had less than the minimum
lot area and/or lot frontage than that required by this By-law, or where a lot was or is created as
a result of an expropriation, or conveyance to the municipality or other applicable road authority,
such lot may be used and a building or structure may be altered, erected or used on such lot
provided that the use, building or structure is permitted in the Zone and all other requirements
of this By-law are met.
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2.14 Lots with more than One Zone
Where a lot is included within two or more Zones, each portion of the lot shall be used in
accordance with the provisions of the applicable Zone.
2.15 Model Homes
Notwithstanding the provisions of this By-law, model home, temporary sales office use and
associated parking are permitted in any Zone, provided said uses are located on lands within a
draft approved or registered plan of subdivision and have been approved by way of an
agreement with the Town. The number of model homes to be permitted shall be identified in
the agreement.
2.16 Outside lighting Facilities
Illuminated signs and exterior lighting installed on a lot to illuminate parking areas, driveways,
loading areas, storage areas, buildings or decorative building elements shall be so arranged as
to direct light away from abutting lots and adjacent residential uses.
2.17 Outdoor Open Storage
In addition to the applicable Zone provisions, except for any outdoor open storage permitted in
conjunction with a permitted agricultural use, the following shall apply:
i)
Outdoor open storage is only permitted as an accessory use to a permitted industrial
use located on the same property;
ii) No outdoor open storage shall be permitted in any front or exterior side yard;
iii) All outdoor open storage areas shall be screened from view from any street or
Residential Zone with a landscaped planting strip and a screen fence or decorative wall,
or combination thereof. The required screen fence or decorative wall shall be no less
than 2.0 metres in height;
iv) Outdoor open storage shall not be located closer than 10.0 metres to a street;
v) Outdoor open storage shall not exceed 3.0 metres in height; and, vi) No parking spaces
or loading spaces, as required by this Bylaw, shall be used for purposes of outdoor open
storage.
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2.18 Parking Regulations
2.18.1 Dimensions of Parking Spaces
(a) Each parking space shall have a minimum width of 2.75 metres and minimum length of
5.5 metres, except for a parallel parking space which shall have a minimum width of 2.5
metres and a minimum length of 6.1 metres.
(b) Notwithstanding the minimum length dimensions of this provision, where a parking
space is provided in any R1, R2 or R3 Zone that abuts a municipal sidewalk, said parking
space shall have a minimum length of 6.0 metres.
2.18.2 General Parking Space Provisions
(a) The owner of any building, structure or use shall provide and maintain parking spaces
on the same lot and within the same Zone as the building, structure or use requiring said
parking spaces, unless otherwise permitted by this By-law, in accordance with the
criteria of each Zone and the parking provisions of this By-law. Use of Parking Spaces
(b) Parking spaces required by this By-law shall be used only for the parking of operative
motor vehicles bearing a valid motor vehicle licence plate and for vehicles normally
incidental to the permitted uses for which such parking spaces are required.
(c) Where the calculation of parking requirements results in a fraction of a parking space
being required such fraction shall be considered one parking space for the purpose of
determining the total number of parking spaces required for the use.
(d) When a building, structure or lot contains more than one type of use, the parking space
requirement for all uses on the lot shall be the sum of the requirements for each separate
use unless otherwise specified in this By-law. For a Shopping Centre, parking
requirements may be averaged in recognition of the opportunities to share the parking
facilities among uses.
(e) Where parking is required under this Section, parking for employees and/or occupants
of Additional Residential Units may be provided on the Lot in tandem to a maximum of
two vehicles parked in tandem.
(f) Where any alteration or enlargement of an existing commercial building or structure is
no greater than 10 percent of the gross floor area of the building on the effective date
of this By-law, there shall be no additional parking spaces required.
(g) Off-street parking for motor vehicles shall be provided at the rate set out below:
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Residential Uses
Off-Street Parking Requirement
Apartment Dwellings
1.5 parking spaces per unit
Additional Residential Units
1 parking space per Additional Residential Unit. Parking
for occupants of Additional Residential Units may be
provided on the lot in tandem to a maximum of two
vehicles parked in tandem
Single Detached Dwelling,
Semi-Detached Dwelling,
Triplex Dwelling,
Fourplex Dwelling,
Multiple Dwelling,
Townhouses,
2 parking spaces per dwelling unit
Bed and Breakfast Facilities
2 spaces for the single detached dwelling, plus 1 parking
space per guest room
Lodging House
1 space per 2 beds
Commercial Uses
Off-Street Parking Requirement
Hotel
1 parking space per guest room, plus 1
space/employee/shift, plus the required parking spaces
for any accessory uses
Restaurant, Adult Entertainment
Facility
10 spaces/100m² of GFA
Retail and Service Commercial Uses
4.25 spaces/100m² of GFA
Auto-Oriented Uses
5 parking spaces, or 3 spaces/100
m² of GFA, whichever is greater
Industrial Uses
Off-Street Parking Requirement
All Industrial Uses
2 spaces/100m² of GFA
Associated Retail Sales
4 spaces/100m² of GFA or 1 space/employee/shift
Recreation/Entertainment Uses
Off-Street Parking Requirement
Entertainment Facility,
Recreation Facility
4 spaces/100m² of GFA
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Cultural Facilities and Emergency
Service Facilities
Off-Street Parking Requirement
Cultural Facility, Emergency Service
Facility, and Institutional Uses
3 spaces/100m² of GFA
Public Elementary School
1.5 parking spaces per classroom or teaching area, plus
10 spaces/100m² of GFA in the auditorium/ gymnasium
Public Secondary School,
Commercial School
5 parking spaces per classroom or teaching area, plus 10
spaces/100m² of GFA in the auditorium/ gymnasium
Place of Worship
1 parking space per 3 person design capacity
Day Care Facilities
2.5 spaces/100m2 of GFA
Long Term Care Facility,
Residential Care Home
0.3 spaces per occupied room, plus 1
space/employee/shift
Group Home,
Respite Care Facility,
Emergency Housing Facility,
Community House,
Any other Special Needs Housing
Facility not listed herein
2 spaces, plus 0.5 of a space per bed
2.18.3 Accessible Parking Regulations
(a) Specially designated spaces shall be provided for use by persons with disabilities in
parking areas serving commercial, institutional, industrial and multi-residential
developments.
(b) Two types of parking spaces for the use by persons with disabilities are:
i)
A "Type A" parking space is required to be a minimum width of 3.4 metres and
signage that identifies that the space is "van accessible"; and,
ii) A "Type B" parking space is required to be a minimum width of 2.6 metres.
Between a "Type A" and a "Type B" parking space an access aisle of 1.5 metres
must be marked and provided.
(c) All accessible parking spaces are to be provided, painted, maintained, and signed
"reserved parking for the use of persons with disabilities", in accordance with the
following table:
Total Number of Parking Spaces
in the Parking Area
Required Number of
Accessible Parking Spaces Required
1-25
1 A-type space
26-50
1 A-type space plus 1 B-type space
51-100
2 A-Type spaces and 2 B-type spaces
Greater than 100
As per Ontario Regulation 413/12 of the
Ontarians with Disabilities Act
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2.18.4 Bicycle Parking Regulations
Bicycle parking facilities shall be required at a rate of 0.5 of a space per dwelling unit for all
apartment buildings, and the residential components of any permitted mixed-use building
within any Zone, constructed after the effective date of this By-law. These required bicycle
parking facilities shall be fully enclosed within the building envelope.
2.19 Pits and Quarries
The establishment of pits or quarries is prohibited within the area covered by the By-law, except
where existing pits and/or quarries are permitted in locations identified within the Mineral
Extraction (ME) Zone and in accordance with the provisions of the ME Zone.
2.20 Prohibited Forms of Dwelling Units
No truck, bus, coach, street car body, or railway car, or other motor vehicle whether or not the
same is mounted on wheels or other form of mounting or foundation, nor temporary structures
such as tents, recreational vehicles, shipping containers and school portables, shall be used as
a dwelling unit except for a mobile home or trailer where specifically permitted by this By-law.
2.21 Shipping or Storage Container Regulations
A shipping or storage container shall be permitted as an accessory building within Village in
accordance with the following:
(a) The container shall be restricted to storage only. It shall not be used as a dwelling or for
any gainful occupation.
(b) The container meets all provisions of Section 3.1 of this By-law.
(c) A maximum of one (1) container shall be permitted within Residential Zones.
(d) A maximum of two (2) containers shall be permitted within Commercial, Recreational,
and Employment Zones.
(e) Containers shall not be stacked on top of another.
(f) Containers shall not exceed the length of 12 metres.
(g) Containers shall comply with the Ontario Building Code, where applicable.
(h) Containers shall be buffered from adjacent properties with a visual barrier, either fence
or tree line, to the same height of the container.
(i) Shall be maintained in good condition free from rust, peeling paint and any other form
of visible deterioration.
2.22 Servicing Requirements
(a) No person shall erect any building or structure in any Zone within the Village of Burk's
Falls, as identified in the Village's Official Plan, unless such building or structure is
serviced by piped municipal water and piped municipal sanitary services, to the
satisfaction of the Village.
(b) Buildings and structures within the Limited Service designation, as identified in the
Village's Official Plan, shall be provided with adequate and appropriate individual
privately owned and maintained sewage treatment facilities, and is serviced by a
municipal piped water supply, to the satisfaction of the Village.
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2.23 Short Term Accommodation
Short Term Accommodation, as defined herein, shall be permitted within the Village subject to
the following provisions:
(a) Short term accommodation uses are only permitted within the R1, R2, or C2 only.
(b) A short term accommodation use shall have a maximum of three (3) bedrooms
(c) One (1) enclosed waste/recycling depot consisting of a self-enclosed building, structure
or container, located outside of the short term accommodation, of sufficient size that it
will store the garbage and waste generated by the premises until such garbage and
waste is disposed of.
(d) The number of parking spaces shall be provided in accordance with residential uses,
together with 1 parking space shall be provided for each room rented
(e) Short term accommodation within the entire Village shall be subject to a licensing
system under the Municipal Act.
2.24 Sight Triangles
(a) On any corner lot, in any Zone, a sight triangle shall be required. The required site
triangle shall be a minimum of 4.6m x 4.6m. Greater site triangles may be required by
the Village. Further, within any Zone, any building, structure or use which would obstruct
or impair the vision of an operator of a motor vehicle, including any fence or vegetation
which exceeds 0.6 metres above the grade of the streets that abut the lot, shall be
prohibited.
(b) Any required sight triangle shall be counted toward fulfilling the landscaped planting
strip requirements of this By-law.
(c) Notwithstanding the requirements of this By-law, the sight triangle provisions of the
Province of Ontario shall apply to all roads within their jurisdiction.
2.25 Signs
Sign regulations will be included in a separate By-law adopted under the Municipal Act, and all
signage will be subject to the regulations contained therein.
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2.26 Source Water Protection
On lands located with the Groundwater Protection Area, as shown on Schedule A to this By-law,
the following shall apply:
(a) the storing or handling of the following shall not be permitted:
i)
agricultural source material;
ii) non-agricultural source material;
iii) commercial fertilizer;
iv) pesticides;
v) road salt;
vi) snow;
vii) fuel;
viii) Dense non-aqueous phase liquids (DNAPLs);
ix) Organic solvents;
(b) New on-site sewage systems shall be prohibited; and
(c) Any non-residential use that is proposed that has the potential to use or store any items
listed above shall be prohibited until it is demonstrated to the satisfaction of the Risk
Management Official, or other duly qualified professional, that the use does not
represent a significant drinking water threat.
2.27 Special Setbacks - Provincial Highways and Railway Lines
Notwithstanding any other provision of this By-law, minimum yard requirements for any
buildings or structures or signs adjacent to any Provincial Highway or railway line shall be as
required by the Ministry of Transportation or the applicable railway authority. Where the
requirements of the Ministry of Transportation or railway authority are less restrictive than the
requirements of this By-law, this By-law shall prevail.
2.28 Swimming Pools
Swimming pool regulations will be included in a separate By-law adopted under the Municipal
Act, and all swimming pools will be subject to the regulations contained therein.
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2.29 Uses Permitted In all Zones
(a) Nothing in this By-law shall prevent the use of any lot or the erection or use of any
building or structure in any Zone for the provision of the following uses, provided that
the use, building or structure complies with the general provisions of this By-law and the
provisions of the Zone in which a use, building or structure is located:
i)
Conservation Uses;
ii) Public and Private Utilities; and,
iii) Any sign or notice of the municipality or other government authority.
(b) Nothing in this By-law shall prevent the use of any lot or the erection or use of any
building or structure in any Zone, with the exception of the Floodway (F) Zone, for the
provision of the following uses, provided that the use, building or structure complies
with the general provisions of this By-law and the provisions of the Zone in which a use,
building or structure is located:
i)
Required vehicular, accessible and bicycle parking facilities, where accessory to a
permitted use on the same lot; and,
ii) Transportation infrastructure, including public streets, transit facilities, any properly
authorized traffic sign or signal, or a railway line.
(c) Nothing in this By-law shall prevent the use of any lot or the erection or use of any
building or structure in any Zone, with the exception of the Natural Environment (NE)
Zone and the Floodway (F) Zone, for the provision of the following uses, provided that
the use, building or structure complies with the general provisions of this By-law and the
provisions of the Zone in which a use, building or structure is located:
i)
Emergency Service Facilities, except that Emergency Service Facilities are
specifically prohibited within the Natural Environment (NE) and Floodway (F) Zones.
2.30 Uses Prohibited in all Zones
Notwithstanding any other provision of this By-law, noxious and offensive uses, as defined by
this By-law, shall not be permitted in any Zone.
2.31 Non-Compliance Resulting from Conveyance or Expropriations
Notwithstanding any other provision of this By-law, to the contrary, any non-compliance that is
created as result of a conveyance to and/or an expropriation by a public authority is deemed for
the purposes of this By-law to be compliant with all applicable provisions of this By-law.
Furthermore, any and all existing buildings and structures situated on a lot affected by such a
conveyance and/or expropriation may be enlarged, reconstructed, repaired, renovated or
replaced provided that the enlargement, reconstruction, repair, renovation or replacement of
the existing buildings or structures complies with all other applicable requirements of this By-
law.
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2.32 Yard Encroachments
Except as otherwise provided by this By-law, no part of any required yard shall be obstructed by
any structure or building, or part thereof, from the ground to the sky except as follows:
Structure
Yard into Which
Encroachment is Permitted
Maximum Encroachment
Permitted into Yard
Sills, belt courses, cornices,
chimney breasts, bay window,
pilasters, eaves or gutters, wall
overhangs/cantilevered walls
All Yards
0.6 m
Balconies, canopies, awnings,
steps, unenclosed porches
with or without roofs, or decks
Required front yard, rear
yard, and exterior yard
Front Yard and exterior side
yard - 1.5 m
Rear Yards - 4.0 m
Fire escapes or exterior
staircases
Required exterior side yard
and rear yard
1.5 m
Unenclosed ramps for
wheelchair access, flag or
clothes poles, private utility
infrastructure
All yards
100%
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3.0 RESIDENTIAL ZONES
The Residential Districts support a variety of housing and building types, as well as uses
supporting neighbourhood living. Development within the Residential Districts will contribute
to the creation of accessible, compact, connected and walkable / bikeable neighbourhoods,
with a wide range of community assets, such as parks, schools, mixed use areas within easy
access.
3.1
Residential One (R1) Zone
3.1.1 Permitted Buildings and Uses
No land, building, or structures shall be used or erected in the R1 Zone except for:
-
Single Detached Dwellings
-
Semi-Detached Dwellings
-
Special Needs Housing, in a built form otherwise permitted in this zone
-
Lodging House, in a built form otherwise permitted in this zone
-
Parks and Open Spaces
3.1.2 Permitted Accessory Buildings and Uses
Permitted uses that are accessory to the permitted uses in the R1 Zone and may also include:
-
Home Occupations
-
Additional Residential Units
3.1.3 Zone Regulations
Minimum Lot Area
450 m2
270 m2
for single detached dwellings
for semi-detached dwelling (per unit)
Minimum Lot Frontage
15.0 m
9.0 m
for single detached dwelling
for semi-detached dwelling (per unit)
Minimum Lot Depth
30.0 m
Minimum Landscaped Open Space
30%
Minimum Front Yard
6.0 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side Yard
3.0 m
Minimum Interior Side Yard
1.5 m
Maximum Building Height
10.5 m
Parking Location
No parking is permitted in the front or exterior
side yards within the R1 Zone, unless it is located
on a permitted driveway.
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3.1.4 Exceptions
(RESERVED)
3.1.5 General Zone Provisions
All provisions of Section 3, General Zone Provisions, of this By-law where applicable to the use
of any land, building or structure permitted within the Residential One (R1) Zone shall apply.
3.2
Residential Two (R2) Zone
3.2.1 Permitted Buildings and Uses
No land, building, or structures shall be used or erected in the R2 Zone except for:
-
Single-Detached Dwellings;
-
Semi-Detached Dwellings;
-
Duplex, Triplex and Fourplex Dwellings;
-
Street Townhouse Dwellings;
-
Special Needs Housing;
-
Lodging Houses; and,
-
Parks and Open Spaces.
3.2.2 Permitted Accessory Buildings and Uses
Permitted uses that are accessory to the permitted uses in the R2 Zone and may also include:
-
Home Occupations; and,
-
Additional Residential Units (Single-Detached, Semi-Detached, only)
3.2.3 Zone Regulations
Minimum Lot Area
450 m2
270 m2
for single detached dwellings or lodging house
of lot area per unit for semi-detached dwelling,
duplex, triplex, fourplex or street townhouse
dwellings, and
For Special Needs Housing, the minimum lot area
for the form of dwelling permitted in this Zone, or
133 m2 of lot area per unit
Minimum Lot
Frontage
15.0 m
9.0 m
9.0 m
for single detached or lodging house
of lot frontage per unit for semi-detached, triplex, or
fourplex dwelling
of lot frontage/unit, maximum 6 units per row for
Street Townhouses; and,
For Special Needs Housing, the minimum lot
frontage will correspond to the requirements for the
form of dwelling within which it is to be
accommodated.
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Village of Burk's Falls
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Minimum Lot Depth
30.0 m
Minimum
Landscaped Open
Space
30%
Minimum Front Yard
6.0 m
Minimum Rear Yard
7.5 m
Minimum Exterior
Side Yard
3.0 m
Minimum Interior
Side Yard
1.2 m
Maximum Building
Height
10.5 m
Garage Projection
In no case, shall the front wall of an attached garage extend
beyond the main front wall of the permitted dwelling by more
than 1.0 m.
Parking Location
No parking is permitted in the front or exterior side yards within
the R1 Zone, unless it is located on a permitted driveway.
3.2.4 Exception Zones
(RESERVED)
3.2.5 General Zone Provisions
All provisions of Section 3, General Zone Provisions, of this By-law where applicable to
the use of any land, building or structure permitted within the Residential Two (R2)
Zone shall apply.
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3.3
Residential Three (R3) Zone
3.3.1 Permitted Buildings and Uses
No land, building, or structures shall be used or erected in the R3 Zone except for:
-
Block Townhouse Dwellings;
-
Apartment Dwellings in an Apartment Building;
-
Special Needs Housing; and,
-
Parks and Open Spaces.
3.3.2 Permitted Accessory Buildings and Uses
Permitted uses that are accessory to the permitted uses in the R3 Zone and may also include
Home Occupations
3.3.3 Zone Regulations
Minimum Lot Area
200 m2
per unit
Block Townhouse Dwellings
133 m²
per unit
Apartment Dwellings in an Apartment Building;
For permitted Special Needs Housing, 133m² of lot area
per unit, or 60m² per bed, whichever is greater.
Minimum Lot Frontage
22.5 m
Block Townhouse Dwellings
30.0 m
For a lot wholly containing an Apartment Building
Minimum Landscaped
Planting Strip
1.5 m where abutting a rear lot line or interior side lot line of any
property Zoned R1, R2 or R3.
Minimum Landscaped
Open Space
30%
Block Townhouse Dwellings
20%
Apartment Dwellings in an Apartment Building
Minimum Front Yard
4.5 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side
Yard
3.0 m
Minimum Interior Side
Yard
1.2 m
Block Townhouse Dwellings
3.0 m
Apartment Buildings
Maximum
Building Height
15.0 m
Parking Location
No parking is permitted in the front or exterior side yards
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3.3.4 Exception Zones
(RESERVED)
3.3.5 General Zone Provisions
All provisions of Section 3, General Zone Provisions, of this By-law where applicable to the use
of any land, building or structure permitted within the Residential Three (R3) Zone shall apply.
3.4
Limited Service Residential (LSR) Zone
No person shall with a Limited Service Residential (LSR) Zone use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
3.4.1 Permitted Uses
-
a single detached dwelling in accordance with Section 3.19
-
a seasonal dwelling in accordance with Section 3.19
-
a home occupation
-
a private or public park
3.4.2 Zone Regulations
Minimum Lot Area
1,000 m2
Minimum Lot Frontage
30.0 m
Minimum Lot Depth
46 m
Minimum Landscaped Open Space
20%
Minimum Front Yard
6.0 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side Yard
6.0 m
Minimum Interior Side Yard
3.0 m
Maximum Building Height
10.5 m
3.4.3 General Zone Provisions
All provisions of Section 3, General Zone Provisions, of this By-law where applicable to the use
of any land, building or structure permitted within the Limited Service Residential (LSR) Zone
shall apply
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4.0 NEIGHBOURHOOD SUPPORTING USE ZONES
The Neighbourhood Supporting Uses zones are intended to accommodate a range of uses to
support the daily needs of residents, such as schools, day care, small scale commercial uses and
parks. The type and scale of development permitted in these zones can be easily integrated into
neighbourhoods, within walking distance or most residents, and will contribute to more liveable
and healthy communities.
4.1
Institutional Zone (I)
4.1.1 Permitted Buildings and Uses
-
Institutional Uses;
-
Special Needs Housing;
-
Day Care Facilities; and,
-
Parks and Open Spaces.
4.1.2 Zone Regulations
Minimum Lot Area
550 m2
For permitted Special Needs Housing, 133m² of lot
area per unit, or 60m² per bed, whichever is greater.
Minimum Lot Frontage
30.0 m
Minimum Landscaped Planting
Strip
1.5m where abutting a rear lot line or interior side lot
line of any property Zoned R1, R2 or R3.
Minimum Landscaped Open
Space
20%
Minimum Front Yard
9.0 m
Minimum Rear Yard
9.0 m
Minimum Exterior Side Yard
6.0 m
Minimum Interior Side Yard
6.0 m
Maximum Building Height
15.0 m
4.1.3 Exception Zones
(RESERVED)
4.1.4 General Zone Provisions
All provisions of Section 3, General Zone Provisions, of this By-law where applicable to the use
of any land, building or structure permitted within the Institutional (I) Zone shall apply.
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4.2
Neighbourhood Commercial Zone (C1)
4.2.1 Permitted Buildings and Uses
No land, building, or structures shall be used or erected in the C1 Zone except for:
-
Retail and Service Commercial Uses;
-
Office Uses;
-
Day Care Facilities; and,
-
Parks and Open Spaces.
4.2.2 Zone Regulations
Minimum Lot Area
550 m2
Maximum GFA per Use
500 m2
Minimum Lot Frontage
15.0 m
Minimum Landscaped
Planting Strip
1.5m where abutting a rear lot line or interior side lot line
of any property Zoned R1, R2 or R3.
Minimum Landscaped Open
Space
10%
Minimum Front Yard
6.0 m
Minimum Rear Yard
4.5 m
Minimum Exterior Side Yard
4.5 m
Minimum Interior Side Yard
4.5 m
Maximum Building Height
10.0 m
4.2.3 Exception Zones
(RESERVED)
4.2.4 General Zone Provisions
All provisions of Section 3, General Zone Provisions, of this By-law where applicable to the use
of any land, building or structure permitted within the Neighbourhood Commercial (C1) Zone
shall apply.
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5.0 COMMERCIAL USE ZONES
5.1
Commercial Core (C2) Zone
The Commercial Core represents a key component of the Village's urban structure, and is a focal
point for major retail, commercial and institutional development. This area is intended to
facilitate the development of a broad range of uses, including higher density residential uses,
promote good urban design. These objectives will be achieved through encouraging compact
built form, walkability and a mix of uses, supported by street-edge buildings with parking to the
side and rear.
5.1.1 Permitted Buildings and Uses
-
Accessory Uses
-
Apartment Dwellings in a Mixed-Use Building
-
Commercial Schools
-
Convention/ Conference Facilities
-
Day Care Facilities
-
Financial Institutions
-
Funeral Homes
-
Hotels
-
Medical Offices/Clinics
-
Offices
-
Parks and Open Spaces
-
Pet Grooming
-
Special Needs Housing
-
Recreational, Entertainment and Cultural Facilities
-
Restaurants
-
Retail Uses and Service Commercial Uses
-
Taxi or Bus Depot
-
Veterinary Offices/Clinics
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5.1.2 Zone Regulations
Minimum Lot Area
133 m2 lot
area/unit
Apartment Dwellings in a Mixed-Use Building;
200 m2 lot
area/unit
Live-Work Units;
300 m2
All other Permitted uses
For permitted Special Needs Housing, 133m² of lot area per unit, or
60m² of lot area per bed, whichever is greater.
Maximum GFA per
Use
500 m2
Minimum
Landscaped Planting
Strip
where abutting a rear lot line or interior side lot line of any property
Zoned R1, R2 or R3.
Minimum
Landscaped Open
Space
10%
Minimum Front Yard
0.0 m
Minimum Rear Yard
7.5 m
Minimum Exterior
Side Yard
3.0 m
Minimum Interior
Side Yard
0.0 m
4.5 m
where abutting a rear lot line or interior side
lot line of any property Zoned R1, R2 or R3.
Maximum Lot
Coverage
80%
Minimum First Floor
Height
3.25 m
Maximum Building
Height
11.0 m
Parking and Loading
Vehicle parking and loading facilities shall be located in rear and side
yards. No vehicular parking or loading facilities may be located within
any front yard.
5.1.3 Regulations for Apartment Dwellings
Within the C2 Zone, apartment dwellings will generally be located on the upper floors of
commercial establishments. An apartment dwelling unit or dwelling units may be permitted on
the ground floor of a commercial establishment, provided that such unit are located to the rear
of a commercial use and provided that the required separations between the two uses are in
place. In no case shall the ground floor apartment unit(s) occupy more than 50% of the ground
floor area. For the purposes of this regulation, one (1) or more apartment dwellings may be
permitted.
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5.1.4 Exception Zones
(RESERVED)
5.1.5 General Zone Provisions
All provisions of Section 3, General Zone Provisions, of this By-law where applicable to the use
of any land, building or structure permitted within the Commercial Core (C2) Zone shall apply.
5.2
Highway Commercial (C3) Zone
5.2.1 Permitted Uses and Buildings
Within any Highway Commercial Zone, no person shall use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
-
Accessory Use
-
Agricultural Service Establishment
-
Assembly Hall
-
Auction House
-
Auto-Oriented Uses
-
Commercial School
-
Contractor's Facilities
-
Courier Service
-
Dry Cleaning Establishment
-
Entertainment/Recreation Establishment
-
Farm Implement Outlet
-
Farmer's Market
-
Fermenting-on-Premise Establishment
-
Financial Institution
-
Funeral Home
-
Garden Centre
-
Hotel or Motel
-
Institutional Uses
-
Office
-
Parking Lot
-
Plaza Complex
-
Propane Exchange Facility
-
Recreational Vehicle Sales and Service Establishment
-
Rental Outlet
-
Restaurant
-
Service Shop
-
Specialty Store
-
Veterinary Clinic
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5.2.2 Zone Regulations
Minimum Lot Area
550 m2
Maximum GFA per Use
500 m2
Minimum Lot Frontage
15.0 m
Minimum Landscaped
Planting Strip
1.5 m where abutting a rear lot line or interior side lot line
of any property Zoned R1, R2 or R3.
Minimum Landscaped Open
Space
10%
Minimum Front Yard
6.0 m
Minimum Rear Yard
4.5 m
Minimum Exterior Side Yard
4.5 m
Minimum Interior Side Yard
4.5 m
Maximum Building Height
11.0 m
5.2.3 Exception Zones
(RESERVED)
5.2.4 General Zone Provisions
All provisions of Section 3, General Zone Provisions, of this By-law where applicable to the use
of any land, building or structure permitted within the Highway Commercial (C3) Zone shall
apply.
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6.0 EMPLOYMENT AREA ZONES
The Employment Districts provide employment opportunities in locations with appropriate
access to servicing, warehousing and manufacturing and other complimentary non-residential
uses. The General Employment (M1) Zone permits a range of industrial/employment uses It is
intended that development within the Employment Districts exhibit a high standard of building
design and landscaping.
6.1
Employment Area (E)
6.1.1 Permitted Buildings and Uses
-
Auto-oriented uses
-
Beer, Wine and/or Alcohol Manufacturing Facilities
-
Building supply outlet or lumber yard
-
Cartage or transport depot and yard facilities
-
Contractor Facilities
-
Dry Cleaning Establishment
-
Equipment sales, rental and service establishment
-
Fuel Storage Establishment
-
Garden centre
-
Manufacturing Facilities
-
Motorcycle/Off-Road Vehicle Sales and Service Establishment
-
Municipal Works Yard
-
Propane container refill station
-
Recycling Operations
-
Rental outlet
-
Research and Development Facilities
-
Restaurant
-
Service shop
-
Warehousing and Distribution Centre
-
Commercial parking lot
6.1.2 Uses Permitted as an Accessory Use to a Permitted Use Specified Herein
-
Accessory residential dwelling unit
-
Business office
-
Outside storage
-
Retail establishment, including a factory outlet
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6.1.3 Zoning Regulations
Minimum Lot Area
4,000 m2 (0.4 ha)
Minimum Lot Frontage
30.0 m
Minimum Landscaped
Planting Strip
1.5 m where abutting a rear lot line or interior side lot line of
any property Zoned R1, R2 or R3.
Minimum Landscaped Open
Space
10%
Maximum Lot Coverage
40%
Minimum Front Yard
7.5 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side Yard
4.5 m
Minimum Interior Side Yard
3.0 m
Where the interior side lot line abuts a Residential Zone or
lands used for residential purposes, the minimum interior side
yard width is 7.5m.
Maximum Building Height
11.0 m
6.2
Extractive Industrial (ME) Zone
No person shall within an Extractive Industrial (ME) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
6.2.1 Permitted Uses
-
sand and gravel pits
-
quarries
6.2.2 Zone Regulations
Minimum Lot Area
6.0 ha
Minimum Lot Frontage
190.0 m
Minimum Front Yard
130.0 m
Minimum Rear Yard
120.0 m
Minimum Exterior Side Yard
130.0 m
Minimum Interior Side Yard
120.0 m
6.2.3 Buffer Strip Requirements
Where interior side or rear lot line abuts a Residential, Open Space or Community Facility Zone
a buffer strip shall be provided in accordance with Section 4.6 of this By-law.
6.2.4 General Zone Provisions
All provisions of Section 3, General Zone Provisions, where applicable to the use of any land,
building or structure permitted within the Extractive Industrial (ME) Zone shall apply.
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7.0 RECREATIONAL ZONES
The Recreational District provides major focal points for recreational activities, particularly the
Arena/Fairgrounds Recreation Complex. These Districts are intended to provide opportunities
for both indoor and outdoor recreation, including through parks, open spaces, community
gardens, golf courses and other recreational facilities
7.1
Recreation (RE) Zone
7.1.1 Permitted Buildings and Uses
-
Recreational, Cultural and Entertainment Facilities
-
Community Gardens
-
Parks and Open Spaces
7.1.2 Permitted Accessory Buildings and Uses
-
Farmer's Markets
-
Restaurants
-
Day Care Facilities
7.1.3 Zone Regulations
Minimum Lot Area
550 m2
Minimum Lot Frontage
30.0 m
Minimum Landscaped Planting
Strip
1.5 m where abutting a rear lot line or interior side lot line of
any property Zoned R1, R2 or R3.
Minimum Landscaped Open Space
20%
Minimum Front Yard
9.0 m
Minimum Rear Yard
9.0 m
Minimum Exterior Side Yard
6.0 m
Minimum Interior Side Yard
6.0 m
Maximum Building Height
15.0 m
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8.0 NATURAL HERITAGE SYSTEM ZONES
The Natural Heritage System supports the enhancement and protection of natural features
within the Village of Burk's Falls. The Natural Heritage System supports uses such as
conservation, parks, existing agricultural uses, open spaces and infrastructure. It includes both
the Natural Environment (NE) Zone and the Floodway (F) Zone.
8.1
Natural Environment (NE) Zone
8.1.1 Permitted Uses
-
Conservation Uses
-
Parks and Open Spaces
-
Existing Agricultural Uses
-
Public and Private Utilities
-
Required vehicular, accessible and bicycle parking facilities, where accessory to a permitted
use on the same lot
-
Transportation infrastructure, including public streets, transit facilities, any properly
authorized traffic sign or signal, or a railway line
-
Any sign or notice of the Village or other government authority
8.1.2 Permitted Buildings and Structures
Notwithstanding the identified list of permitted uses, no building or structures shall be erected
or used, except buildings or structures used for forestry uses, wildlife and fish management uses,
storm water management, and passive, outdoor recreational purposes.
8.1.3 Zone Regulations
Within the Natural Environment (NE) Zone, permitted buildings shall be set back a minimum of
6 metres from any Lot Line that abuts a Public Street.
8.2
Floodway (F) Zone
8.2.1 Permitted Uses
-
Conservation Uses
-
Parks and Open Spaces
-
Any sign or notice of the Village or other government authority
8.2.2 Permitted Buildings and Structures
Notwithstanding the identified list of permitted uses, no buildings or structures shall be erected
or used, except buildings or structures used for fisheries management uses, watershed
management, flood and erosion control facilities, storm water management and passive,
outdoor recreational purposes.
8.2.3 Zone Regulations
Within the Floodway (F) Zone, Accessory Buildings shall be set back a minimum of 6 metres from
any Lot Line that abuts a Public Street.
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9.0 FUTURE DEVELOPMENT AREA (FDA) ZONE
The Future Development Area recognizes that not all lands identified in the Burk's Falls Official
Plan as within the Settlement Area are ready to developed. This includes lands in sensitive
ecological areas and floodplains that warrant further study to ensure compliance with applicable
policy and adequate stormwater infrastructure. As a result, uses are restricted to those uses
existing at the time of the approval of this Zoning By-law.
No land, building, or structures shall be used or erected in Future Development Areas Zone
except for a Single Detached Dwelling on an Existing Lot of Record or for any uses or structures
that lawfully existed on the date of the adoption of this By-law, including their repair and
replacement.
9.1
Permitted Buildings and Uses
-
an existing single detached dwelling
-
an existing agricultural or industrial use
-
a home occupation
-
accessory uses
-
existing uses in addition to or other than those listed above
9.2
Zone Regulations
All setbacks, coverages, and other lot dimensions/regulations existing as of the date of the
approval of this By-law.
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10.0 DEFINITIONS
"Accessory Building"
means a building or structure that is incidental, subordinate and exclusively devoted to a main
building or structure and located on the same lot.
"Accessory/Ancillary"
means a use that is incidental, subordinate and exclusively devoted to a main use, building or
structure and located on the same lot.
"Additional Residential Unit (Attached)"
means a self-contained residential unit with kitchen and bathroom facilities within a single
detached or semi-detached dwelling on the same lot that accommodates the primary dwelling
unit.
"Additional Residential Unit (Detached)"
means a self-contained residential unit with kitchen and bathroom facilities within an accessory
building on the same lot that accommodates the primary single detached or semi-detached
dwelling unit.
"Adult Entertainment Facility"
means any premises, or part thereof, where the nudity, or partial nudity of any person is a
feature or characteristic of the use. An adult entertainment facility is not an entertainment
facility, a recreation facility, or a cultural facility.
"Air Treatment Control"
means the functional use of industrial grade multi-stage carbon filtration system, or similar
technology, to reduce and/or treat the emission of pollen, dust and odours expelled from a
facility and sized accordingly in comparison to the facility it serves as designed by a qualified
person.
"Apartment Building"
means a building that has five or more dwelling units and each dwelling unit has a separate
entrance through a common interior area. A building that was originally constructed as a
detached house, semi-detached house or townhouse and has one or more additional
residential units is not an apartment building.
"Artist Studio/Maker Space"
means an establishment used for the workplace and limited retail sales of a permanent resident
of the property who is producing or making and selling custom-made artisanal goods in
limited quantities, using techniques that do not involve mass-production.
"Auto-Oriented Uses"
means a premises or part thereof used for the sale, rental of motor vehicles as well as for the
servicing, maintenance, cleaning and repair of motor vehicles. Auto-oriented uses includes a
building or station where motor vehicle fuel and similar motor vehicle accessories are available
for sale.
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"Bed and Breakfast Establishments"
means an owner-occupied dwelling where not more than three bedrooms are used or
maintained for the short-term accommodation (generally less than 28 days) of the travelling
public, and where meals may, or may not be provided, but does not include hotel, restaurant,
short term accommodation, or lodging house, as defined in this By-law.
"Beer, Wine and/or Alcohol Manufacturing Facilities"
means the use of land, buildings or structures for the purpose of manufacturing for sale and
distribution of alcoholic beverages of various types, which may include accessory sales and
hospitality area.
"Below Grade"
means any part of a building that is below average finished grade adjacent to the walls of the
building.
"Building"
means any structure greater than ten (10) square metres, whether temporary or permanent,
used or intended for sheltering any use or occupancy but shall not include a fence, mobile
home, travel trailer, camping trailer, truck camper, motor home, or tent.
"Building Height"
means the greatest vertical distance measured from the average finished grade adjacent to
the exterior walls of the building to:
i)
In the case of a flat roof, the highest point of the roof surface; and,
ii) In the case of a mansard, pitched, hip, gambrel or gabled roof, a point midway between
the eaves and the ridge, as shown on the illustration provided below.
In calculating the height of a building, any construction used as an antenna, architectural
ornament or for the mechanical operation of the building, is not to be included.
"Cannabis"
means a genus of flowering plants in the family Cannabaceae. Synonyms include but are not
limited to marijuana, and marihuana. This definition does not include the industrial or
agricultural production of hemp (a source of foodstuffs [hemp milk, hemp seed, hemp oil],
fiber and biofuels).
"Cannabis Production and Processing"
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means lands, buildings or structures used for growing, producing, processing, testing,
destroying, packaging and/or shipping of cannabis authorized by an issued license or
registration by the Federal Minister of Health, pursuant to the Cannabis Regulations,
SOR/2018-144, to the Cannabis Act, SC 2018, c 16, the Controlled Drugs and Substances Act,
SC 1996, c 19 and the Food and Drugs Act, RSC 1985, as amended from time to time, or any
successors thereto.
"Cartage or Transport Depot"
means a building, structure or place where trucks or tractor trailers are rented, leased, kept for
hire, or stored or parked for remuneration, or from which trucks or transports, stored or parked
on the property, are dispatched for hire as common carriers, and which may include a bonded
warehouse.
"Cellar"
A portion of a building below the first storey floor which is partly or wholly underground and
which has more than one-half of its height from finished floor to finished ceiling or to the
underside of the floor joints of the first floor, the average finished grade level adjacent to the
exterior walls of the building and having a floor to ceiling height of less than 1.8 m. (6.0 ft.).
"Cemetery"
means a lot that is used for the interring of dead humans. A cemetery may include a structure
for the purpose of the cremation of human remains and may include facilities for the storing of
ashes of humans that have been cremated. A cemetery may also include facilities in the form
of sealed crypts or compartments for the interment of human remains.
"Commercial School"
means a school operated by an individual or company on a for-profit basis, providing
instruction in a specific trade, skill, vocation, service or for general learning.
"Community Gardens"
means a parcel of land cultivated and gardened by members of the community for non-
commercial purposes. For the purposes of this definition, "gardened" means to grow and care
for plants and crops.
"Conservation Uses"
means the use of land for the purpose of planned management of natural resources, including:
i)
Forestry uses;
ii) Wildlife and Fisheries Management Uses; and,
iii) Watershed Management and Flood and Erosion Control Facilities.
"Contractor Facilities"
means the outdoor yard of a building/landscaping construction company or contractor used
as a depot for the storage and maintenance of equipment used by the contractor or company,
and includes facilities for the administration of the business and the outdoor stockpiling or
outdoor storage of supplies used by the business, but does not include the wholesale or retail
sale of construction materials or supplies or home improvement supplies.
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"Convenience Retail Store"
means a retail store serving the daily or occasional needs of the residents in the immediate
area with a variety of goods such as, but not limited to, groceries, meats, beverages, dairy
products, patent medicines, sundries, tobacco, stationery, hardware, magazines and
newspapers. A convenience retail store shall have a maximum gross floor area of 500 square
metres.
"Convention/Conference Facilities"
means a commercial establishment used for the holding of conventions, conferences,
seminars, workshops, meetings, banquets, receptions or similar activities.
"Cultural Facility"
means any building, room or area designed or utilized primarily for the presentation to the
general public of live theatre, dance performances, musical concerts, cinema, lectures, exhibits
of various art forms or exhibits of cultural, academic or scientific material.
"Day Care Facilities"
means a premises operated by a person licensed under the Child Care & Early Years Act to
operate a child care centre for the purpose of providing temporary care to children for a
continuous period not to exceed twenty-four (24) hours. Day care facilities may also include a
premises for the purpose of providing temporary care to adults with special needs for a
continuous period not to exceed twenty-four (24) hours.
"Development"
means the creation of a new lot, a change in land use, or the construction of buildings and
structures requiring approval under the Planning Act,
"Drive-Through Facilities"
means the use of land, buildings or structures to provide or dispense products or services
through an attendant, window or automated machine to persons who are expected to remain
within their motorized vehicle.
"Dry Cleaning Establishment",
means a building used for the purpose of receiving articles or goods of fabric to be subjected
to the process of dry cleaning, dry dyeing or cleaning elsewhere and for the pressing and/or
distribution of any such articles or goods which have been subjected to any such process.
"Dwelling Unit"
means living accommodation for a person or persons living together as a single household
unit, in which both food preparation and sanitary facilities are provided for the exclusive use of
the occupants of the unit.
i)
"Single Detached Dwelling" means a building that includes a primary building with only
one dwelling unit;
ii) "Semi-Detached Dwelling" means a building that has two dwelling units, and no
dwelling unit is entirely or partially above another;
iii) "Duplex Dwelling" means a building that has two dwelling units, where one dwelling
unit is entirely or partially above another; A single detached dwelling or semi-detached
dwelling that has one or more additional residential units is not a duplex;
iv) "Triplex dwelling" means a building that has three dwelling units, with at least one
dwelling unit entirely or partially above another. A single detached dwelling or semi-
detached dwelling that has one or more additional residential units is not a triplex;
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v) "Fourplex Dwelling" means a building that has four dwelling units, with at least one
dwelling unit entirely or partially above another. A single detached, semi-detached or
townhouse dwelling that has one or more additional residential units is not a fourplex;
vi) "Townhouse Dwelling (Street)" means a building that has three or more dwelling units,
and no dwelling unit is entirely or partially above another. The dwelling units share a
sidewall with a neighbouring unit and typically have a front yard and a rear yard. The
front yard, and main entrance abut a public street, and vehicular access is provided
directly to the unit from a public street;
vii) "Townhouse Dwelling (Block)" means a building that has three or more dwelling units,
and no dwelling unit is entirely or partially above another. They share a sidewall with a
neighbouring unit and typically have a front yard and a rear yard. The front yard, and
main entrance abut a private road or laneway; and,
viii) "Apartment Dwellings" means a self-contained residential dwelling unit in an apartment
building, or incorporated into a mixed-use building.
"Emergency Service Facilities"
means the use of land, buildings or structures to provide for the health and safety of the
community, including fire stations, police stations and ambulance stations.
"Employment Uses"
means the use of land, building or structure, or part thereof for non-noxious/non-offensive
manufacturing, warehousing, distribution and/or recycling operations. Industrial uses may also
include the bulk storage of goods and related accessory uses. Permitted Industrial Uses
include:
i)
"Manufacturing Facilities" means the use of land, buildings or structures for the purpose
of manufacturing, assembly, making, preparing, inspecting, finishing, treating, altering,
repairing, warehousing or storing or adapting for sale of any goods, substance, article,
thing or service, but shall not include any handling or recycling of hazardous waste
material;
ii) "Warehousing and Distribution Centres" means a building or part thereof, which is used
primarily for the storage, adapting for sale, packaging or distribution of goods and
merchandise to retailers and/or individual consumers;
iii) "Recycling Operations" means the use of land, buildings or structures for the purpose
of the processing, warehousing and/or storing of waste materials that are to be reused
for another purpose. All recycling operations are to be carried out within an enclosed
building. A recycling operation shall not include any handling or recycling of hazardous
waste material;
iv) "Municipal Works Yard" means the use of land, buildings or structures owned and
operated by the municipality used as a depot for the storage and maintenance of
equipment used by the municipality, and includes facilities for the administration of the
operation and the outdoor stockpiling or outdoor storage of supplies; and,
v) "Research and Development Facilities" means a building, or group of buildings used
primarily for the operation of research industries, investigation, testing or
experimentation, and including data processing, but not including facilities for the
manufacture or sale of products, except as incidental to the primary research or data
processing use.
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"Entertainment Facility"
means the use of an establishment for the provision of entertainment or amusement without
the necessity of active participation by the user and shall include for example, such uses as
movie theatres, bingo/gaming halls and other places of assembly.
"Equipment Sales, Rental and Service Establishment"
means a building or part of a building, structure or yard in which articles, machinery and
equipment, including heavy machinery and equipment, are serviced or repaired and may be
offered or kept for rent, lease or hire under agreement for compensation.
"Existing Building"
means any existing building on a lot that legally existing as of date of approval of this Zoning
By-law.
"Existing Use"
means any existing use on a lot that legally existing as of date of approval of this Zoning By-
law.
"Exterior Side Wall"
means the primary exterior wall (facade) of a building, that is not a permitted projection or an
attached garage or carport, which is located abutting the exterior side lot line.
"Farmer's Market"
means a building or property where open spaces, stalls or sale areas that are not separated by
permanent walls (but may have removable partitions), are leased, rented or otherwise
provided to more than three individual vendors for the sale of local produce and food products
as well as the goods of local artists and artisans to the general public.
"Fermenting on Premise Establishment"
means a retail facility at which customers add enzymes, yeast or other ingredients necessary to
start the fermentation process to make the wine or beer; bottle the wine or beer and cork, cap
or otherwise seal the bottles; and remove the wine or beer from the facility immediately after
the wine or beer has been bottled and corked, capped or otherwise sealed.
"Fuel Storage Tank"
means tanks for the bulk storage of petroleum, gasoline, diesel or other fuels, oil, gas, propane
or flammable liquid or fluid are kept an but does not include a container for flammable liquid
or fluid legally and properly kept in a retail store or a tank for storage merely incidental to some
other use of the premises where such tank is located.
Bulk fuel and propane storage tanks shall be installed in accordance with the provisions of the
Gasoline Handling Act or the Ontario Propane Storage Handling and Utilization Code as may
be applicable.
"Fuel Storage Establishment",
means an establishment where petroleum gasoline, fuel oil, gas, propane, or other fuels are
stored in tanks for wholesale distribution or bulk sales but does not include facilities for the
sale of fuels for private motor vehicles.
"Financial Institution"
means an institution where money is deposited, kept, lent and exchanged and shall include
Trust Companies, Credit Unions, banks and other similar financial institutions.
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"First Floor"
means the floor of a building above a cellar or basement, or, where no basement or cellar
exists, the first floor shall be that floor at, or immediately above grade.
"First Floor Height"
means the vertical height from the finished first floor elevation of the interior of the building to
the ceiling of the first floor.
"Floodplain"
means the area, usually low lands adjoining a watercourse or body of water, which has been,
or may be subject to flooding hazards
"Floodway"
means the area the portion of the floodplain which is subject to deeper, faster flows, and which
acts as the flood channel under regulatory storm conditions. In addition, for river stream and
small inland lake systems, floodway also means the portion of the floodplain where
development and site alteration would cause a danger to public health and safety, or property
damage.
"Forestry Uses"
means the general raising and harvesting of wood and, without limiting the generality of the
foregoing, includes the raising and cutting of fuel wood, pulp wood, lumber, holiday trees and
other forest products.
"Funeral Home"
means a premises used for providing funeral supplies and services to the public and includes
facilities intended for the preparation of the human body for internment.
"Garage (Attached)"
means a private garage, accessory to a dwelling unit on the same lot and attached to the
dwelling unit by a common wall and/or a common roof structure.
"Garage (Detached)"
means a private garage accessory to a dwelling on the same lot, but not attached to the
dwelling unit by any common wall and/or any common roof structure.
"Garage Projection"
means the exterior wall of the garage, that is closer to the adjacent front or exterior side lot line
than the main front wall of the building.
"Garage Width"
means the horizontal width of a garage measured between the interior faces of the walls that
are perpendicular to the garage door/ garage entry.
"Garden Centre"
means a building or part of a building and/or adjacent land used for the purpose of growing
and selling of plants, shrubs, trees and similar vegetation, buying or selling lawn and garden
equipment, furnishings, and supplies, and may include a greenhouse.
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"Gross Floor Area"
means the floor area of any building. Gross Floor Area is measured from the exterior face of
the outside walls of the building. The measurement of Gross Floor Area specifically excludes
parking and loading facilities, and floor space developed below grade.
"Home Industry"
means occupations, trades, businesses, professions, or crafts that are secondary to the
agricultural use or agriculture-related use or rural residential use on the property. Home
industry uses shall generally be confined to an outbuilding within the existing farm building
cluster and include, but are not limited to small engine repair, woodworking and metal
working. Home industry uses shall generally not exceed 90 square metres.
"Home Occupation"
means a business conducted within a dwelling unit by a permanent resident of the dwelling
unit. A home occupation may include service commercial uses and/or office uses but shall not
include short term accommodation.
"Hotel"
means a building or group of buildings used for the purpose of catering to the needs of the
travelling public by providing short-term (generally less than one month) commercial
accommodation, with or without meals, or with small dinettes, and includes a motel, but shall
not include short term accommodation, as defined in this By-law.
"Institutional Uses"
means the use of land, buildings or other structures for some public or social purpose but not
for a commercial use or for commercial business purposes. Institutional uses include
governmental, religious, charitable, philanthropic, or other similar non-commercial uses.
Institutional uses include:
i)
"Elementary and Secondary Schools" under the jurisdiction of a Board and/or as
defined in The Education Act;
ii) "Places of Worship";
iii) "Colleges and Universities" as defined in The Education Act; and,
iv) "Hospitals", as defined by The Public Hospitals Act, and may include health clinics and
medical laboratories.
"Landscaped Open Space"
means open space comprised of lawn, flowers, ornamental shrubs, trees or other natural
vegetation. This area may include space occupied by paths, courtyards and patios, but shall
not include loading or parking areas, traffic aisles, driveways, ramps, or open outside storage
areas.
"Landscaped Planting Strip"
means open space comprised of fencing, lawn, flowers, ornamental shrubs, trees or other
natural vegetation that abuts a defined lot line. This area may include space occupied by paths,
courtyards and patios, but shall not include loading or parking areas, traffic aisles, driveways,
ramps, or outdoor storage areas.
"Laundromat"
means a building or structure or part thereof where self-service or coin-operated laundry
machines, using only water, detergents and additives, are made available to the public for the
purpose of laundry cleaning. This definition does not include dry-cleaning, dyeing or pressing.
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"Lodging House"
means a residential building, or part thereof, used for communal residential occupancy where
a proprietor offers lodging rooms in return for remuneration or the provision of a service, or
for both. All lodging houses shall be licenced by the municipality, and are categorized as
follows:
i)
"Rooming House" means a dwelling where guest rooms are offered, with or without
meals, for long-term accommodation (generally more than one month). The dwelling is
not owner-occupied; and,
ii) "Boarding House" means an owner-occupied dwelling where guest rooms are offered,
with or without meals, for long-term accommodation (generally more than one month).
A lodging house shall not include short term accommodation, as defined in this By-law.
"Lot"
means a parcel of land, with frontage on a public street, separate in title from any abutting
land.
i)
"Lot Area" means the total horizontal area within the lot lines of a lot;
ii) "Lot Coverage" means the percentage of the lot area covered by the first floor of all
buildings and structures on the lot including the primary building or structure and all
accessory buildings or structures, but shall not include a surface (unstructured) parking
area, and decks with a height less than 1.8 metres above grade;
iii) "Lot Depth" means:
-
The shortest horizontal distance between the rear lot line and the front
lot line of a lot, where such lot lines are parallel;
-
The horizontal distance between the mid-point of the rear lot line and
the mid-point of the front lot line of a lot, where such lot lines are not
parallel; or,
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-
The horizontal distance between the mid-point of the front lot line and
the point of intersection of the side lot lines of a lot where there is no
rear lot line; and,
iv) "Lot Frontage" means the horizontal distance between the side lot lines, measured at
right angles 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 by a line 2.5 metres
back from and parallel to the chord of the lot frontage. For the purpose of this By-law,
the chord of the lot frontage is a straight line joining the two points where the side lot
lines intersect the front lot line.
"Lot Line"
means the boundary line of a lot, also commonly referred to as the property line. Lot lines
include:
i)
"Exterior Side Lot Line" means, in the case of a corner lot, the longer lot line that abuts
the street;
ii) "Front Lot Line" means the lot line that divides a lot from the street. In the case of a
corner lot, the shorter street line shall be deemed to be the front lot line, and the longer
street line shall be deemed the exterior side lot line. In the case of a through lot, both of
the lot lines abutting a street shall be deemed front lot lines;
iii) "Interior Side Lot Line" means a lot line that connects the front lot line to the rear lot line
and that does not abut a street; and,
iv) "Rear Lot Line" means, in the case of:
-
A square or rectangular lot, the lot line opposite the front lot line;
-
A triangular lot, the point of the apex of the triangle furthest from the
front lot line; and,
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-
An irregular shaped lot, the lot line or lot lines furthest from and
opposite to the front lot line including any angled contiguous lot line
adjoining it.
"Main Exterior Side Wall"
means the primary exterior wall (facade) of the building, that is not a permitted projection or
an attached garage or carport, and all structural members essential to the support of a fully
enclosed space or roof that faces the exterior side lot line.
"Main Exterior Front Wall"
means the primary exterior wall (facade) of the building, that is not a permitted projection or
an attached garage or carport, and all structural members essential to the support of a fully
enclosed space or roof that faces the front lot line.
"Marina and Marina-Related"
means a public or privately owned commercial establishment accommodating docking
facilities where boats or boat accessories are berthed, stored, serviced, repaired, built or kept
for sale or rent and where facilities for the sale of marine fuels and lubricants, accessory retail
sales and water-taxi and barging services are provided. Boat launch and waste water pumping
facilities may also be provided.
"Medical Office/Clinic"
means a building or part of a building used for the practice of medical, therapeutic or dental
professions, including the offices of physicians, dentists, and other health practitioners. A
medical office/clinic use may include medical and dental laboratories, outpatient care facilities,
blood banks, and miscellaneous types of medical services.
"Mixed-Use Building"
means a purpose-built structure that includes more than one use within a shared building
envelope. Within a mixed-use building, individual uses are provided with individual means of
access/egress, and non-residential elements of the mixed-use building cannot be used as a
dwelling unit, or any part of a dwelling unit.
"Non-Complying"
means a lot, building, or structure that does not fulfill the requirements of the Zone provisions
or general provisions for the Zone within which the lot, building, or structure is located.
"Non-Conforming"
means a use on a lot, or within a building or structure, that is not permitted by the Zone within
which the lot, building, or structure is located.
"Noxious and Offensive Uses"
means a use which, from its nature or operation creates a nuisance, or is liable to become a
nuisance, offensive or dangerous by the creation of noise or vibration, or by reason of the
emission of gas, fumes, dust or objectionable odour, as defined by MOECP Guidelines, or by
reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste,
or other material.
"Off-Road Vehicle"
means all-terrain vehicles (ATVs), off-highway motorcycles or dirt bikes, utility terrain vehicles
(UTVs or side-by-side vehicles), and snowmobiles.
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"Motorcycle and Off-Road Vehicle Sales and Service Establishment"
means a building or structure where a licensed dealer displays new and used motorcycles
and/or off-road vehicles, for sale or rent in conjunction with which there may be a vehicle repair
garage and gasoline bar.
"Office/Office Uses"
means a building or part thereof, designed, intended or used for the practice of a profession,
the carrying on of a commercial business, the conduct of civic/administrative, social service or
institutional use, or the administration of an industry.
"Open Outside Storage"
means the storage of goods which are open to the air.
"Outside Sales/Rental Area"
means an unenclosed outdoor display area that is accessory to a retail commercial use, and is
used for the display of merchandise associated with the retail commercial use. In addition, an
outdoor sales/rental area includes a lot, or portion thereof, used to display, sell, rent, or lease
motor vehicles.
"Parking Facilities"
means a lot, or part of a lot used for the parking of vehicles and available to residents,
employees, clients, customers and/or the general public, with, or without a fee being charged.
Parking facilities may be at-grade and open to the air, or in purpose-built structures that are at-
grade, below grade and/or above grade. Parking facilities shall not include any area where
vehicles are stored for sale or repair.
"Parks and Open Space"
means a publicly or privately owned open space areas specifically defined or set aside for
active and/or passive recreational uses. Parks and open space includes all landscaping,
facilities and apparatus, playing fields, trails and buildings and structures that are consistent
with general outdoor recreational purposes.
"Pet Grooming",
means the grooming of a domestic animal, including bathing, cutting of hair, trimming of nails,
and other services generally associated with the act of grooming but shall exclude veterinary
services, breeding, boarding, and overnight accommodation.
"Place of Worship"
means a building used by a religious congregation or organization and dedicated exclusively
to worship and related religious, social and charitable activities and may include a hall, an
auditorium, a convent, an office for religious leaders, a children's activity room, and an
attached dwelling unit for a religious leader as accessory uses.
"Plaza Complex",
means a group of commercial or industrial establishments which is planned, developed,
managed and operated as a unit with shared on-site parking and containing three or more
separated spaces for lease and/or occupancy.
"Propane Container Refill Station"
means any premises to which the public is invited at which propane is sold and is put into the
fuel tanks of motor vehicles or into portable containers with a capacity exceeding 0.5 kg.
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"Propane Exchange Service"
means any premises at which the public can exchange an empty propane tank for a new,
already refilled tank.
"Public Road"
means any road, street or thoroughfare on a right-of-way owned and maintained by the Village
or Province to which the public has a right of use and access.
"Public and Private Utilities"
means any use or facility that provides the public with electricity, gas, heat, steam,
communication, rail transportation, water, sewage collection/treatment, storm water
management or other similar infrastructure services.
"Recreational Facility"
means an establishment whose purpose is to refresh mind and body through physical activities
such as a health club, spa, fitness studio, gymnasium, arena and any other similar sporting
facilities. Seniors Centres, Youth Centres and Community Centres are recreational facilities.
"Recreational Vehicle"
means a structure designed to provide temporary living accommodation for travel, vacation,
or recreational use, and to be driven, towed, parked or transported. Living accommodations
may include sleeping, kitchen, bathroom, and systems for fresh and waste water, 110/12V
electricity, propane, heating, air conditioning, and entertainment. It has an overall length not
exceeding 13.2 meters (42' 11") and an overall width not exceeding 2.6 meters (8 ft 6 in), where
the width is the sum of the distance from the vehicle centreline to the outermost projections
on each side (including door handles, water connections, etc.) when the vehicle is folded or
stowed away for transit. Such structures include folding camping trailers, travel trailers, fifth
wheel trailers, slide-in truck campers and motorhomes. It does not include a mobile home.
"Recreational Vehicle Sales and Service Establishment"
means a building or structure where a licensed dealer displays new recreational vehicles, for
sale or rent in conjunction with which there may be a recreational vehicle repair garage and
gasoline bar.
"Rental Outlet",
means a building or part thereof used for the rental of tools, appliances, office machines,
recreation equipment, light construction equipment, party supplies or similar items, and
includes facilities of the maintenance and repair of rental equipment, but does not include an
equipment sales, rental and service establishment or the rental of motor or recreational
vehicles.
"Restaurant"
means a business establishment, the primary function of which is to prepare and serve food
and/or drink for consumption by the public. Food may be served on the premises and/or via
take-out and drive-through facilities.
"Retail Uses"
means a building or part thereof in which goods, merchandise, substances, articles or things
are stored, offered or kept for sale to the public.
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"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 effect(s) from
contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part
of the natural or built environment. Examples may include, but are not limited to: residences,
daycare centres, and educational and health facilities.
"Service Commercial Uses"
means a commercial use that provides services for sale to the public and excludes medically
related functions and services.
"Setback"
means the shortest distance from a building/structure to a lot line.
"Shopping Centre"
means a group of retail, service commercial uses and/or restaurants that are planned,
developed and managed as a unit, by a single owner or group of owners and tenants and
where required parking is provided and shared on-site. Shopping centres may include
residential and office uses that are located above the first floor.
"Short Term Accommodation"
means a dwelling unit or any part thereof that operates or offers a place of temporary
residence, lodging or occupancy, by way of concession, permit, lease, license, rental
agreement or similar commercial arrangement for any period less than a month, throughout
all or any part of a calendar year. Short term accommodation uses shall not mean or include a
hotel, bed and breakfast establishment, lodging house, hospital, or similar residential or
commercial use.
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"Special Needs Housing"
means any housing, including dedicated facilities, in whole or in part, that is used by people
who have specific needs beyond economic needs, including but not limited to, needs such as
mobility requirements or support functions required for daily living. Special needs housing
includes communal housing and housing for seniors. Examples of special needs housing may
include, but are not limited to:
i)
"Long-Term Care Facility" means premises used to provide living accommodation and
regular nursing care for persons of any age and which has personal and medical care
facilities, common lounges and dining areas;
ii) "Residential Care Home" means supervised living accommodation that may include
associated support services, and:
-
Is licensed or funded under Province of Ontario or Government of
Canada legislation;
-
Is for persons requiring semi-independent or supervised group living
arrangements; and,
-
Is for more than ten persons, exclusive of staff;
iii) "Group Home" means supervised living accommodation that may include associated
support services, and:
-
Is licensed or funded under Province of Ontario or Government of
Canada legislation; - Is for persons requiring semi-independent or
supervised group living arrangements; and,
-
Is for ten persons or less, exclusive of staff;
iv) "Respite Care Facility" means premises used for the provision of short-term, non-
emergency services for the supervised care of people of any age, in order to provide
relief to their caregivers. A respite care facility may include the provision of services,
such as:
-
Preventive medicine;
-
Counselling;
-
Social, recreational or educational programs; and/ or,
-
Day or overnight care;
v) "Emergency Housing Facility" means premises used for the provision of short-term,
emergency services for the supervised care of people of any age. An Emergency
Housing Facility may include the provision of services, such as:
-
Preventive medicine;
-
Counselling; and/or,
-
Day or overnight care; and,
vi) "Community House" means a premises providing semi-independent living
accommodation for residents primarily in bed-sitting rooms, if there is:
-
A maximum of two persons for each bed-sitting room;
-
Accommodation for one staff person per five bedsitting rooms; and,
-
A common lounge and dining area.
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"Use"
means the purpose for which a lot, building, structure, or any combination thereof, is designed,
arranged, intended, occupied, utilized, or maintained, and "used" shall have a corresponding
meaning.
"Veterinary Office/Clinic"
means a facility where animal care or treatment is provided by one or more veterinarians and
may include the temporary indoor housing of animals so cared for or treated.
"Waste Disposal Site"
means a "Waste Disposal Site" as defined by The Environmental Protection Act.
"Watershed Management and Flood and Erosion Control Facilities"
means works built specifically for the management of water and associated erosion control
within a defined watershed or subwatershed.
"Wildlife and Fisheries Management Uses"
means the management of wildlife and fish habitats and populations for the purpose of
sustaining and improving the quality and quantity of wildlife and fish.
"Yard"
means the horizontal distance between a lot line and an exterior building wall.
i)
"Exterior Side Yard" mean a yard extending from the front yard to the rear yard and
from the exterior side lot line to the nearest part of the building, or structure of the lot;
ii) "Front Yard" means a yard extending across the full width of a lot between the front lot
line and the nearest part of the building, or structure on the lot;
iii) "Interior Side Yard" means a yard extending from the front yard to the rear yard and
from the interior side lot line to the nearest part of the building, or structure on the lot;
and,
iv) "Rear Yard" means a yard extending across the full width of a lot between the rear lot
line and the nearest part of the building, or structure on the lot.