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CORPORATION OF THE TOWN OF CARLETON PLACE
DEVELOPMENT PERMIT BY-LAW 15-2015 as amended
Being a by-law to regulate land use and development on lands within the
Town of Carleton Place
March 2015
Amended by:
By-law 57-2015 (December 2015)
By-law 58-2015 (December 2015)
By-law 38-2016 (September 2016)
By-law 08-2017 (January 2017)
By-law 11-2017 (February 2017)
By-law 25-2017 (April 2017)
By-law 69-2018 (June 2018)
Bylaw 101-2020 (November, 2020)
By-law 24-2021 (January 2021)
By-law 32-2021 (February, 2021)
The Corporation
of the Town of Carleton Place
TABLE OF CONTENTS
1.0
EXPLANATORY NOTE AND INTENT
1
1.1
DEVELOPMENT PERMIT SYSTEM
1
1.2
DEVELOPMENT PERMIT SIMILARITIES AND DIFFERENCES
WITH EXISTING LAND USE REGULATIONS
2
1.3
LEGITIMACY AND APPROVAL AUTHORITY
2
2.0
ADMINISTRATION
3
2.1
TITLE
3
2.2
SCOPE
3
2.3
ADMINISTRATION
3
2.4
INTERPRETATION
3
2.5
CONFORMITY AND COMPLIANCE WITH BY- LAW
3
2.6
CHANGE IN USE
4
2.7
OBLIGATION
4
2.8
UNLAWFUL USES
4
2.9
INSPECTION OF LAND, BUILDINGS AND STRUCTURES 4
2.10
ENFORCEMENT AND PENALTIES
5
2.11
REVISIONS TO THE BY-LAW
5
2.12
EFFECTIVE DATE
5
2.13
REPEAL OF FORMER BY-LAWS
5
2.14
DEVELOPMENT PERMIT AREA
6
2.15
DEVELOPMENT PERMIT REQUIREMENTS
6
2.16
DEVELOPMENT PERMIT EXEMPTIONS
6
2.17
DEVELOPMENT PERMIT CLASSES
7
1)
Class 1 Development Permit
7
2)
Class 1A Development Permit
8
3)
Class 2 Development Permit
9
4)
Class 3 Development Permit
10
2.18
AMENDMENTS TO THE DEVELOPMENT PERMIT BY-LAW 11
2.19
REQUESTS FOR PLANNING COMMITTEE REVIEW FOR CLASS
1 & 1A APPLICATIONS
11
2.19.1
Requests For Planning Committee Review For Class 2
Applications
12
2.21
APPROVAL AUTHORITY AND PUBLIC NOTICE
14
2.22
PRE-CONSULTATION
14
2.23
NOTICE PROVISIONS
15
2.24
ISSUANCE OF DEVELOPMENT PERMITS
16
2.25
ISSUANCE OF DECISION
16
2.26
CONDITIONS
17
2.27
AGREEMENTS
19
3.0
GENERAL PROVISIONS
20
3.1
ACCESS
20
3.2
ACCESSORY USES, BUILDINGS AND STRUCTURES
20
3.3
AUTOMOBILE SERVICE STATIONS, GASOLINE BAR, FUEL
PUMP
ISLANDS,
AND
AUTOMOBILE
WASHING
ESTABLISHMENT
21
3.3.1
Gasoline, Fuel Pump Island Location
21
3.3.2
Separation of Propane Tanks
21
3.3.3
Access and Egress
21
3.4
BED AND BREAKFAST
22
3.5
BOUNDARY INTERPRETATION
22
3.6
BUILDINGS TO BE MOVED
23
3.7
CHANGE CAUSING CONTRAVENTION OF BY-LAW 23
3.8
CONFLICTING STANDARD
23
3.9
CORNER LOT SIGHT LINES
23
3.10
DANGEROUS SUBSTANCES
23
3.11
DRIVE THROUGH OPERATIONS
23
3.12
DWELLING UNITS
24
3.12.2
Yard Provisions
24
3.12.3
Established Building Line in Built Up Area
24
3.13
EXISTING LOTS
25
3.14
FENCES
25
3.15
EXTERIOR DESIGN
25
3.16
FRONTAGE ON A PUBLIC ROAD
26
3.16.1
Ministry of Transportation Access Requirements
26
3.17
FRONTAGE ON MORE THAN ONE STREET
26
3.18
GARAGES AND STORAGE SHEDS
26
3.19
GROUP HOMES
26
3.20
HEIGHT EXCEPTIONS
27
3.21
HOME BASED BUSINESS / HOME OCCUPATIONS 27
3.22
ILLUMINATION
28
3.23
LANDSCAPING/GREENSPACE
28
3.24
LAND SUITABILITY FOR USE AND ORGANIC SOILS 28
3.25
LOADING SPACE REGULATIONS
29
3.25.1
Number of Spaces Required
29
3.25.2
NON-CONFORMING USES AND NON-COMPLYING PROVISIONS
AND STANDARDS
30
3.25.4
Extension or Expansion of Existing Uses
30
3.25.5
Prior Building Permits
30
3.25.6
Road Widening
30
3.25.7
Reconstruction or Repair of Existing Building
30
3.25.8
Addition to Existing Building or Structure
31
3.25.9
Existing Undersized Lots
31
3.25.10
Accessory Buildings
31
3.25.11
Change in Use
31
3.25.12
Non-Conforming by Reason of Metric Conversion 32
3.26
NOXIOUS USES
32
3.27
OCCUPANCY RESTRICTIONS
32
3.28
OUTSIDE STORAGE AND DISPLAY
32
3.28.1
Outside Storage
32
3.28.2
Outside Display
33
3.29
PARKING AND STORAGE OF VEHICLES
33
3.29.1
Motorcycle Parking
34
3.29.2
Barrier Free Parking
35
3.29.3
Location and Number of Spaces
37
3.29.4
Cash-in-lieu of Parking
39
3.29.5
Parking in the Downtown District
40
3.29.6
Parking Restrictions in Residential Designations
40
3.31
PARKING OF BICYCLES
40
3.31.1
Bicycle Space Design Standards
55
3.32
PERMITTED PROJECTIONS
55
3.32.1
Decks, Porches, Verandas And Balconies
56
3.32.2
Decks, Unenclosed Porches and Verandas - under 3.0m
high
56
3.32.3
Decks, Unenclosed Porches and Verandas - over 3.0m
high
56
3.32.4
Balconies
57
3.33
PROHIBITED USES
57
3.34
PROVISIONAL APPROVALS
57
3.34.1
Amendments to Provisional Approvals
57
3.35
PROVISIONS FOR THE HANDLING AND TRANSFER OF
PROPANE AND NATURAL GAS
58
3.36
SECONDARY SUITES
58
3.37
SEQUENCE OF DEVELOPMENT
59
3.38
SETBACKS FROM A NATURAL WATERCOURSE
59
3.39
SOURCE WATER PROTECTION
61
3.39.1
IPZ 10, Prohibited Uses
61
3.39.2
IPZ 9, Prohibited Uses
61
3.39.3
General Source Water Protection Provisions
62
3.40
SPECIAL SETBACKS
62
3.41
TEMPORARY USES
62
3.42
USE BY A PUBLIC AUTHORITY UTILITY OR PUBLIC
62
3.43
VARIATIONS
63
3.44
VEGETATION REMOVAL OR SITE ALTERATION
64
3.45
WATER SUPPLY, SEWAGE DISPOSAL AND STORM WATER
65
4.0
MISSISSIPPI DISTRICT
66
4.1
DOWNTOWN DISTRICT
67
4.2
MISSISSIPPI TRANSITIONAL SECTOR
60
4.3
MISSISSIPPI RESIDENTIAL SECTOR
61
4.4
HIGH STREET RESIDENTIAL SECTOR
68
4.5
STRATEGIC PROPERTY
69
5.0
EMPLOYMENT DISTRICT
71
5.1
BUSINESS CAMPUS
73
5.2
INDUSTRIAL CAMPUS
74
5.3
INDUSTRIAL CAMPUS
78
6.0 RESIDENTIAL DISTRICT
79
7.0 COMMUNITY COMMERCIAL
91
8.0 HIGHWAY DISTRICT
95
9.0 INSTITUTIONAL
98
10.0 NATURAL ENVIRONMENT DISTRICT
101
11.0 PARKS AND OPEN SPACE
103
12.0 ENVIRONMENTAL CONSTRAINTS
105
13.0 BUILT FORM INVENTORY
14.0 BUILT FORM DESIGN CRITERIA
15. DEFINITIONS
1.0 EXPLANATORY NOTE AND INTENT
1.1
DEVELOPMENT PERMIT SYSTEM
The Province, in its 2007 revisions to the Planning Act, has provided for a
new development approval framework which combines three (3 existing
permitting systems into one (1. A Development Permit By-law replaces
zoning, site plan and minor variance approvals in areas of the municipality
where a Development Permit By-law has been approved in accordance with
the municipality's Official Plan and the Planning Act. The Development Permit
System may also include regulations regarding Tree Cutting and Site
Alteration. It should be noted that the issuance of a Development Permit does
not replace the requirement for building permits under the Building Code Act
or approvals for the division of land under Section 50.1 of the Planning Act,
R.S.O., 1990 as amended. The Development Permit By-law is governed and
authenticated in accordance with 70.2 of the Planning Act R.S.O, 1990 and
Ontario Regulation 173/16.
The Development Permit By-law clearly articulates and establishes
development requirements, provisions and standards that need to be met
before approval (s can be issued. It provides for a streamlined approach to
development approvals and in addition, allows for flexibility within a clearly
articulated context. The Council of the Town of Carleton Place decided to
move forward with the intent to implement policies of the Official Plan,
streamline development and provide for timely reviews of development
proposals. These objectives include, but are not limited to; the preservation
of the existing small-town character, improvement of commercial areas,
increased opportunities and diversity of employment land uses, provision of
a wide range of recreational activities and facilities, preservation of a healthy
Mississippi River and the conservation of heritage and cultural resources. The
Town is divided into distinct areas on schedules that identify specific land use
designations. Provisions for new development, infill and construction are
outlined within the Development Permit By-law's text. The Development
Permit By-law
designations are consistent
with the designations
in the Official Plan and the By-law's provisions implement Official Plan
policies and directions provided for in each specific designation.
The Planning Act requires each municipality to update their Official Plan every
ten (10) years and thereafter within three (3) years update their Zoning By-
law or their Development Permit By-law. The Town undertook an Official Plan
review in 2012/2013 and adopted its new Official Plan on April 23, 2014. This
Development Permit By-law, adopted on July 29, 2014 and is in full conformity
with the 2014 Official Plan as adopted.
1.2
DEVELOPMENT PERMIT SIMILARITIES AND DIFFERENCES
WITH EXISTING LAND USE REGULATIONS
The Development Permit By-law outlines requirements, standards and
provisions for the control of land use and development in a manner that is
similar to a Zoning By-law. In addition, it resembles a Site Plan Control By-
law as it allows the municipality to require plans showing the location,
massing and conceptual design of any proposed building, structure or
comprehensive development.
It differs from traditional land use regulations by allowing discretionary uses,
conditional approvals, variations to standard requirements, control of exterior
design elements and removal of vegetation in specific areas. This provides
staff and Council with flexibility within the context of the By-law to review
development proposals and provides for a decision-making process which
does not necessarily require any further amendments to this by-law.
1.3
LEGITIMACY AND APPROVAL AUTHORITY
All approvals issued through the Development Permit System must be
deemed to be consistent with the policies of the approved Official Plan.
The permitted and discretionary uses, as well as the development and design
standards of the Development Permit By-law, were developed through
extensive consultation with the citizens of the Town of Carleton Place. It is
both staff and Council's responsibility to uphold the principles of this By-law.
The Development Permit By-law provides that Council may delegate its
approval authority to staff or to a Committee. The Development Permit By-
law identifies Classes of Development and the associated approval authority.
Notification requirements specific to each Development Class have been
outlined within the By-law. Criteria have been developed for ease of
evaluation. The Development Permit By-law provides for up-front appeal
procedures. The approval of the By-law itself may be subject to an appeal to
the Local Planning Approvals Tribunal (LPAT). Once the By-law is in full force
and effect (i.e. no appeals or appeals resolved a development permit cannot
be appealed by third parties. Only the applicant may appeal a decision or
non-decision of a development permit application.
As with any By-law adopted under Section 34 of the Planning Act this By-law
may be amended by Council from time to time or by individuals making an
application for an amendment to the By-law.
2.0 ADMINISTRATION
2.1
TITLE
This By-law shall be referred to as the "Town of Carleton Place Development
Permit By-Law" or By-Law No. 15-2015.
2.2
SCOPE
The provisions of this by-law apply to all the lands falling within the municipal
boundaries of the Corporation of the Town of Carleton Place as identified on
the attached schedules which form an integral part of this by-law.
2.3
ADMINISTRATION
This by-law shall be administered by the Director of Development Services or
such other person as may from time to time be designated by Council. No
permit for the use of land or for the erection or use of any building or structure
or the approval of an application for any municipal license within the
jurisdiction of the Council shall be issued or given where the proposed
building, structure or use would be a violation of any provision of the by-law.
2.4
INTERPRETATION
The provisions of this by-law are minimum requirements except where a
maximum requirement is specifically identified.
The Interpretation Act, R.S.O., 1990 applies to this by-law.
Definitions are given in this by-law to aid in the understanding and
implementation of the true spirit, intent and meaning of the by-law. They are
not to be used to avoid an obligation imposed by the by-law or any
requirement enacted in a substantive provision of the by-law.
This by-law makes reference to the Town of Carleton Place Official Plan and
should be viewed and interpreted in combination with the Official Plan.
Conversion of metric numbers into imperial is provided for general reference
only. Where a discrepancy occurs between the metric number and the
approximate imperial conversion, the metric value will constitute the
requirement.
2.5
CONFORMITY AND COMPLIANCE WITH BY- LAW
Save as otherwise provided in this by-law, no land, or building, or structure
shall be used for any purpose except as hereafter stated in this by-law and in
conformity with all of the applicable provisions of this by-law.
Notwithstanding anything in this by-law, no person shall reduce any lot in
dimensions, either by conveyance or other alienation of title of any portion
thereof, if the effect of such action is to cause the original, adjoining,
remaining or new building, structure, lot or use of land to be in contravention
of any provision of this by-law. However, no person shall be deemed to have
contravened any provision of this by-law by reason of the fact that any part or
parts of any lot has or have been conveyed to or acquired by any Public
Authority.
Any use or structure which had been deemed to be a non-conforming use or
structure in a predecessor by-law shall be deemed to be non-conforming if
also in violation of any of the provisions of this by-law.
2.6
CHANGE IN USE
If the use of a property is altered or changed to a different use, which is
permitted within the Development Permit Area, the property or use is subject
to all relevant provisions of the Development Permit Area.
2.7
OBLIGATION
Nothing in this by-law shall relieve any person from the obligation to comply
with the requirements of the Ontario Building Code Act, and any other by-
laws of the Town of Carleton Place, the County of Lanark and Provincial and
Federal legislation.
2.8
UNLAWFUL USES
Any use established in violation of a predecessor of this by-law is deemed to
have been established unlawfully. If any use which was in violation of any
predecessor of this by-law is now in conformity with this By-Law, the
Development Permit By-law of the Town of Carleton Place, it shall now be
deemed to be a lawful use.
2.9
INSPECTION OF LAND, BUILDINGS AND STRUCTURES
Subject to Section 49 of the Planning Act R.S.O., 1990, the Director of
Development Services or other such person as may from time to time be
designated by Council or any person acting under his or her instructions, and
upon producing proper identification, is hereby authorized to enter, at all
reasonable times, upon any property or premises for the purpose of carrying
out his /her duties under this by-law.
Notwithstanding any provision of Section 2.09 hereof to the contrary, no
officer or employee of the Corporation of the Town of Carleton Place shall
enter any room or place actually being used as a dwelling unit without
obtaining the consent of the occupier, first having informed the occupier that
the right of entry may be refused, except under the authority of a search
warrant issued under Section 158 of the Provincial Offences Act.
2.10
ENFORCEMENT AND PENALTIES
Every person, or if the person is a corporation, every director or officer of the
corporation, who contravenes any of the provisions of this by-law is guilty of
an offence and on conviction thereof shall be subject to penalties
in accordance with Section 67 and 67.1 of the Planning Act R.S.O., 1990.
When a person who has been convicted of an offence under this by-law, any
court of competent jurisdiction thereafter, may, in addition to any other penalty
imposed on the person convicted, issue an order prohibiting the continuation
or repetition of the offence or the doing of any act or thing by the person
convicted directed towards the continuation or repetition of the offence.
The requirements of this by-law are severable, if any requirements of this by-
law are held invalid, the application of such requirements to other
circumstances and the remainder of this by-law shall not be affected.
2.11
REVISIONS TO THE BY-LAW
Revisions may be made to this by-law without the need for a Development
Permit Amendment in the following cases:
1)
Correction of numbering, cross-referencing, grammar, punctuation or
typographical errors or revisions to format in a manner that does not
change the intent of a provision.
2)
Adding or revising technical information on maps or schedules that
does not affect the designation of lands including, but not limited to,
matters such as updating and correcting infrastructure information,
keys, legends or title blocks; and
3)
Changes to appendices, footnotes, headings, indices, marginal
notes, tables of contents, illustrations, historical or reference
information, page numbering, footers and headers, which does not
form a part of this by-law and are editorially inserted for convenience
of reference only.
The adoption of this by-law shall not prevent any pending or future
prosecution of, or action to abate any existing violation of the said by-law if
the violation is of any of the provisions of this by-law.
2.12
EFFECTIVE DATE
This by-law shall come into force in accordance with Section 9 of the
Development Permit regulation as amended. (Ontario Regulation 608/06.
2.13
REPEAL OF FORMER BY-LAWS
On the day that this by-law comes into full force and effect, By-law 15-2015,
as amended, of the Town of Carleton Place passed under Section 34 of the
Planning Ac, R.S.O., 1990 shall hereby be repealed.
2.14
DEVELOPMENT PERMIT AREA
The entire corporate area of the Town of Carleton Place is designated as the
Development Permit Area.
2.15
DEVELOPMENT PERMIT REQUIREMENTS
1)
Except as outlined in Section 2.16 of this by-law, all development
within the Town of Carleton Place and as identified on Schedule "A"
to this by-law shall require a development permit, subject to the
provisions of this by-law.
2)
Development Permit applications must be preceded by a pre-
consultation with Planning staff.For purposes of this by-law, development
means:
1)
The construction, erection or placing of one or more
buildings or structures on land; or
2)
The making of an addition or alteration to a building or
structure that has the effect of substantially increasing its
size or usability; or
3)
The laying out and establishment of:
-
a commercial parking lot; or,
-
site for the location of three or more mobile homes
as defined in subsection 46(1) of the Planning Act
R.S.O., 1990 as amended; or,
-
site for the construction, erection or location of three
or more land lease community homes as defined in
subsection 46 (1) of the Act;
4)
The removal of vegetation within 30 metres (98.4 feet) of the
Mississippi River or existing watercourse.
5)
The removal of trees having a caliper of 150 mm or more.
2.16
DEVELOPMENT PERMIT EXEMPTIONS
A Development Permit shall not be required for single dwelling units and semi-
detached units provided that such development or proposed development is
deemed to be in conformity with the requirements, standards, and provisions
within the designated Residential Development Permit Area as shown on
Schedule "A", and which is also in full conformity with all of the following
standards:
1)
Development is setback a minimum 30.0 metres (98.4 feet) from any
natural watercourse.
2)
No site alteration or vegetation removal is permitted within 30.0
metres (9804 feet) of the Mississippi River or 15m from existing
watercourse.
The replacement of a portable classroom on a school site of a district school
board is exempt from the requirement for a development permit if the school
site was in existence on January 1, 2007.
Development proposals which meet the above-noted criteria, or which meet
all of the criteria within the relevant designation where development is
proposed may proceed to the Building Department for building permit review,
as long as a plot plan with all relevant information has been provided for
Panning approval.
2.17
DEVELOPMENT PERMIT CLASSES
Four streams of approval have been developed to provide consistency and
transparency and to provide the ability to increase the level of review and
approval controls based on the requested variation to the standards, the scale
of the proposed development, the need for securities and the potential for off-
site impacts.
1) Class 1 Development Permit
A Class 1 Development Permit shall be required for residential development
and under any one or more of the following circumstances:
1)
Where the proposed residential development generally meets the
requirements, standards and provisions of the Development Permit
Area and the Built Form Design Criteria as expressed in Section 14
but requires relief from one of those requirements. In such cases it
must be demonstrated that:
i)
There is no impact to adjacent properties or there is very minimal
impact on adjacent properties with no mitigation required; and
ii)
The development proposal is an appropriate land use and
permitted within the residential designation; and
iii)
The development proposal is in conformity with the Official
Plan and the Provincial Policy Statement as amended; and
iv)
The development's proposed variation from residential area
standards is minor.
2)
Where there is a requirement to formally recognize an existing legal
non-conforming use or non-complying setback.
3)
Where the type, location and scale of the proposed development is
such
that
there
is
no
municipal
requirement
for
a
security/performance deposit to guarantee off-site works.
4)
The proposed development does not result in any significant
increased residential density or the need to amend a previously
approved site plan or subdivision plan.
5)
Where the type, location and scale requires the removal of trees
having a caliper of 150mm or more, in order to obtain relief from one
or more of the standards of the by-law, provided these trees are
beyond 30m of the river and unless a Class 2 or 3 application is
applied for.
2) Class 1A Development Permit
A Class 1A Development Permit shall be required for development under any
one or more of the following circumstances:
1) For residential development when the proposed development of a
townhouse structure on an infill lot that requires no variances from the by-
law's development standards.
2) For amendments to existing Development Agreement and Site Plan
Control agreements.
3) For all non-residential development and under any one or more of the
following circumstances:
a. Where the proposed non-residential development generally
meets the requirements, standards and provisions of the
Development Permit Area and the Built Form Design Criteria
as expressed in Section 14, but requires relief from one or
more of those requirements. In such cases it must be
demonstrated that:
i. There is no impact to adjacent properties or there is
very minimal impact on adjacent properties with no
mitigation required; and
ii. The development proposal is an appropriate land use
and permitted within the residential designation; and
iii. The development proposal is in conformity with the
Official Plan and the Provincial Policy Statement as
amended; and
iv. The development's proposed variation from residential
area standards is minor.
4) Where the applicant is required to formally recognize an existing legal
non-conforming use or non-complying setback.
5) Where the type, location and scale of the proposed development is such
that there is minimal or no municipal requirement for a
security/performance deposit to guarantee off-site works.
6) Where development is such that it should be registered on the title of the
property.
3)
Class 2 Development Permit
Where the development generally meets the requirements, standards,
and provisions of the Development Permit Area a Class 2 Development
Permit may be required under any one or more of the following
circumstances:
1) There is no impact to adjacent properties or where the proposed
development would result in minor impact(s) on adjacent properties and
where such impacts can be mitigated through on-site works;
2) The development proposal is an appropriate land use and permitted
within the designation;
3) The development proposal is in conformity with the Official Plan and the
Provincial Policy Statement as amended;
4) The development's proposed variation from area standards is minor;
5) Where there is a municipal requirement for a security or performance
deposit to guarantee off-site works;
6) Where residential is proposed that meets the requirements of the Built
Form Design criteria as expressed in Section 14 but would result in a
density increase and/or the need to amend an existing site plan;
7) The proposed development is a discretionary use and/or temporary use;
8) The proposed development of a triplex or quadraplex as defined in
Section 6.3.12 of the by-law;
9) The proposed development of a Bed and Breakfast as defined in
Section 3.4 of the by-law;
10) The proposed development of a townhouse structure on an infill lot that
requires a variance from the development standards;
11) Removal of vegetation within 30m of the Mississippi River;
12) Residential redevelopment in the Downtown District, including vertical
and horizontal expansions of existing permitted residential types as
defined in Section 4.1.6;
13) Development which results in a change to a residential use and/or
redevelopment of an existing residential or commercial use in the
Mississippi Transitional District, including vertical and horizontal
expansions of existing permitted uses as defined in Sections 4.2.4 and
4.2.5;
14) Extension or expansion of existing prohibited uses as per Section
3.26.2;
15) Where the required number of parking spaces are reduced, as per
Sections 3.30.3 and 3.30.4;
16) Where the use of the land, building or structure is prohibited under this
By-law, such land or structure can be extended through a Class 2
agreement provided that the non-conforming use of the building or
structure existed on the day of the passing of this By-law and continues
to be used for such purposes as per Section 3.27.2.;
17) Converted dwellings as per Section 4.4.7.1;
18) Accessory Suites, as per Section 3.36, that meet development
standards.
4)
Class 3 Development Permit
A Class 3 Development Permit shall be required under any one or more of the
following circumstances:
1)
Where the development generally does not meet the requirements,
standards and provisions of the Development Permit Area and
requires relief from one or more of those requirements provided that;
i)
Impact(s) on adjacent properties can be mitigated through
on-site and/or off-site works; and
ii)
The development proposal is an appropriate land use within
the designation; and
iii)
The development proposal is in conformity with the Official
Plan and the Provincial Policy Statement as amended;
and/or
2)
Where the municipality is contributing to the extension of services in
a cost-sharing agreement.
3)
Where the proposed development generally meets the requirements,
standards and provisions of the Development Permit Area and the
Built Form Design Criteria as expressed in Section 14, but requires
relief from one or more of those requirements.
i)
The request to increase net density on a specific subject
property or within a plan of subdivision;
ii)
The relief of parking or loading requirements;
iii)
The request to provide for alternate cladding or colour within
the Mississippi District;
4)
Where technical studies and reports are required to ensure full and
complete review of the development.
5)
Where there is a consideration of alternative servicing (septic
system) as defined in Section 3.45 of the by-law.
6)
Where any off-site works such as, but not limited to, the extension of
municipal services, road improvements, stormwater management
pond are required.
7)
For all uses not specifically identified within each designation, as
per Section 3.33 of this By-law.
8)
Retirement Homes proposed within the residential district as defined
in Section 6.3.14.
9)
Accessory Suites, as per Section 3.36, that do not meet
development standards.
2.18 AMENDMENTS TO THE DEVELOPMENT PERMIT BY-LAW
Where the development cannot meet the tests of the four Classes of
Development Permit an amendment to the by-law shall be required. Notice of
the proposed amendment shall be published in the newspaper and shall
outline the timing for the public meeting and shall require an open house no
later than seven (7 days prior to the public meeting. Amendments to the
Development Permit By-law are passed under Section 34 of the Planning Act
and may be subject to appeal.
2.19 REQUESTS FOR PLANNING COMMITTEE REVIEW FOR CLASS 1
& 1A APPLICATIONS
A Class 1 and Class 1A Development Permit application may be referred to
the Committee of the Whole by the Director of Development Services or
designate, or the applicant where the Director or the applicant is of the opinion
that the application would benefit from a Committee of the Whole review.
If the Director forwards the application to the Committee of the Whole, the
applicant shall be advised of the referral decision and the date of the
Committee of the Whole review within ten (10) days of the decision to refer to
Committee.
Notification of the Committee of the Whole review will be provided as per
Section 2.21.
2.19.1 REQUESTS FOR PLANNING COMMITTEE REVIEW FOR CLASS
2 APPLICATIONS
A Class 2 Development Permit Application may be referred to Committee of
the Whole by means of written request to the Director of Development
Services. Requests may be forwarded by email or facsimile and must include
the name and address of the person or organization requesting the referral to
Committee of the Whole as well as the reason(s)) for the request.
Staff or the applicant may also request a referral to Committee of the Whole
where staff or applicant is of the opinion that there would be a benefit to the
community that the application be reviewed by elected officials. Where an
application has been referred to the Committee of the Whole, the notice
provisions of Section 2.21 shall apply.
2.20 DEVELOPMENT PERMIT REVIEW PROCESS
CLASS 1 and 1A
Staff processes the application.
CLASS 2, CLASS 3
Staff prepares letter advising applicant that the
application is complete or what is required for
circulation if not complete. When application is
deemed complete circulation of the application will
occur.
CLASS 3
Property is posted with a sign that outlines the details
of the development proposal and the committee
meeting date. Property owners within 120 metres of
the subject property are circulated the notice via mail.
Details are also posted on the municipal website and
circulated to council, staff and agencies. The
commenting period is a minimum of fifteen (15) days.
Staff collects the comments received from the circulation process and provides them to the
applicant to address as well as to council.
CLASS 2
If there are concerns the
application is heard at the
next available Committee
of the Whole meeting. All
concerned
parties
are
notified of the meeting
date.
CLASS 2
Property is posted with a sign that
outlines the details of the
development proposal. Details are
also posted on the municipal
website and circulated to council,
staff and agencies. The
commenting period is a minimum
of fifteen (15) days.
PRE-CONSULTATION MEETING WITH THE DEVELOPMENT SERVICES DEPARTMENT
Staff determines the development permit class and outlines to the
applicant which plans, studies and reports will be required.
CLASS 2
If no significant issues
are raised, then an
agreement is
executed by staff.
CLASS 3
Presentation of the application
at the Committee of the Whole
meeting is undertaken.
Decisions made.
Agreement is executed or
application is refused.
Applicant may appeal
decision to the LPAT
2.21
APPROVAL AUTHORITY AND PUBLIC NOTICE
2.22
PRE-CONSULTATION
Applicants shall consult with municipal staff prior to submitting a Development
Permit Application. Pre-consultation will provide important information
including the identification of required plans, studies and reports in support of
an application. Applications will not be accepted without having a pre-
consultation meeting with the Development Services Department.
Supporting Studies and Reports
Technical reports, plans and studies, prepared by professionals, may be
required to assist in the review process of a Development Permit Application.
Applications may be required to submit, but not limited to, the following studies
or reports;
-
Servicing Options Report;
-
Building Materials Samples;
-
Building Shadow Impact Assessment Study;
-
Coloured Perspective Drawings;
-
Concept Plan;
Class of
Development
Permit
Approval
Responsibility
Notification Requirements
Class 1 &1A
Staff
None
Class 1 & 1A
Committee
Written ntocie provided to
applicant
Class 2
Staff / Committee
under request
Notice posted on subject
property and on website,
circulated to staff, agencies
and council. Concerned
parties updated with council
meeting date if required.
Class 3
Committee
Notice posted on subject
property and on website,
circulated to staff, agencies
and council detailing project
and committee meeting date.
Notice circulated via mail to
property owners within 120m of
the subject property.
-
Construction Traffic Management Plan;
-
Cost Estimate for External Works;
-
Functional Servicing Report;
-
Hydrogeological Study;
-
Drainage and/or Stormwater Management Report;
-
Environmental Impact Assessment for a natural heritage
feature or area;
-
Archaeological Assessment;
-
Heritage Impact Assessment Report;
-
Low Impact Development Studies;
-
Record of Site Condition;
-
Grading and Drainage Plans;
-
Parking and Loading Study;
-
Shadow Study; Natural Heritage Evaluation;
-
Pavement Marking and Loading Study;
-
Photographs of Existing Context;
-
Reference Plan;
-
Sight-Line Study;
-
An influence area study for development in proximity to a
waste management facility or industrial use;
-
Transportation / Traffic Study;
-
Phase I Environmental Study and if necessary further
investigation as required;
-
Source Water Protection Study;
-
Noise and/or Vibration Study;
-
A minimum separation distance calculation for an industrial
use or a waste management facility;
-
MDS I or II calculation;
-
Confirmation on sufficient reserve sewage system capacity
and reserve water system capacity;
-
Vegetation Inventory and /or Tree Preservation Plan;
-
Urban Design Brief;
-
Utilities Plan/Composite Utilities Plan;
-
Tree Preservation Plan;
-
Housing Study;
-
Site Plan and Landscape Plan
-
Others (as required by the Town).
The pre-consultation process may identify any study or report required as part
of an application. The Town may also provide written notice of further studies
and/or reports necessary for review throughout the planning process. Such
studies and/or reports shall be prepared by professionals qualified in the
specific discipline in question.
2.23 NOTICE
PROVISIONS
The issuance of a Public Notice for Development Permit Applications shall be
required for Class 2 and Class 3 applications. Class 1 & 1A applications are
exempt from this process.
Notice of a Class 2 and 3 Development Permit Application shall be issued
within 10 days of the receipt of an application that is deemed complete, as
described in Section 2.21.
Notice shall be provided by on-site signage and shall include an explanation
of the application, a contact name and phone number to obtain additional
information and the deadline for the submission of comments. The
commenting period shall be no less than 15 days.
Where a Class 1 or Class 1A application is elevated for Committee of the
Whole review the notice provisions outlined in Section 2.21 shall apply.
2.24
ISSUANCE OF DEVELOPMENT PERMITS
Class 1 and Class 1A permits shall be issued by the Director of Development
Services or designate.
Class 2 permits shall be issued by the Director of Development Services or
designate subject to policies outlined in Section 2.25 and 2.26 of this By-law.
Class 3 permits shall be issued by the Director of Development Services or
designate upon approval by Committee.
2.25
ISSUANCE OF DECISION
When reviewing an application for Development Permit the Town has the
following options outlined under the Planning Act in Section 70.2 and O-Reg
608/06:
1) Refuse the application; or
2) Approve the application and issue a development permit with no
conditions attached; or
3) Approve the application and require that conditions be met before
issuing a development permit; or
4) Approve the application and issue a development permit with
conditions attached; or
5) Approve the application, require that conditions be met before issuing
a development permit and, when the conditions have been met, issue
a development permit with conditions attached. O. Reg. 608/06, s.
10(8).
A Development Permit shall be valid for a period of one year from the date of
the decision provided that the Development Permit has been signed and/ or
a Development Agreement has been executed and a Building Permit is issued
prior to the deadline. One extension of no more than six months may be
granted subject to Committee approval.
The proposed development shall, in all cases, be required to occur as
illustrated on the approved and stamped drawings including all grading and
drainage, servicing, lighting, landscaping and elevation designs. A
development agreement, registered on title, may be required prior to final
approval for any development application. Amendments to approved
agreements require an application process as per Section 2.17.
2.26
CONDITIONS
Conditional approvals may be issued subject to the following:
1) The condition(s) shall be clear, precise and quantifiable;
2) The condition(s) shall include a clear statement of whether it must
be complied with before construction, renovation or change of use of
a building;
3) That the timing for review of condition fulfillment be outlined.
Technical reports may be required to assist in the review process and any
recommendations therein may be imposed as conditions of Development
Permit Approval. Such reports may include but are not limited to:
Stormwater Management Report, Noise Impact Analysis, Environmental
Impact Statement, Tree Preservation Plan, Lighting Analysis, Traffic Impact
Analysis and Archeological Assessment. In the event that any
recommendations with a submitted technical report exceed the minimum
requirements of any section of the by-law the stricter requirement shall be
imposed prior to approval.
Conditions which address the following issues or concerns may be imposed.
As a condition to the approval of the plans and drawings the Town of Carleton
Place may require the owner of the lands to:
1) Provide to the satisfaction of, and at no expense to, the Town of
Carleton Place or the upper tier municipality or province as
applicable any or all of the following;
i)
Widening of highways which abut the land.
ii)
Subject to the Public Transportation and Highway Improvement
Act, facilities to provide access to and from the land such as
access ramps and curbs and traffic direction signs.
iii)
Off-street vehicular loading and parking facilities, either covered
or uncovered, access driveways, including driveways for
emergency vehicles, and the surfacing of such areas and
driveways.
iv)
Walkways and walkway ramps, including the surfacing thereof,
and all other means of pedestrian access.
v)
Facilities are designed to have regard for accessibility.
vi)
Vaults, central storage and collection areas and other facilities
and enclosures for the storage of garbage and other waste
material.
vii)
Easements or property conveyed to the municipality for the
construction, maintenance or improvement of watercourses,
ditches, land drainage works, sanitary sewage facilities and
other public utilities or pathways of the municipality or local
board thereof on the land.
viii) Grading or alteration with consideration of LID and Green
infrastructure in elevation or contour of the land and provision
for the disposal of storm, surface and waste water from the
land and from any buildings or structures thereon.
2) Maintain to the satisfaction of the Town and at the sole risk and
expense of the owner any or all of the facilities or works mentioned
in paragraphs ii) to viii) of clause 1), including the removal of snow
from access ramps and driveways, parking and loading areas and
walkways;
3) Enter into one or more agreements with the municipality dealing with
and ensuring the provision of any or all of the facilities, works or
matters mentioned in clause 1) or 4) and the maintenance thereof as
mentioned in clause 2) or with the provision and approval of the
submitted plans and drawings; or
4) Enter into one or more agreements with the Town ensuring that
development proceeds in accordance with the approved plans and
drawings.
i)
Convey part of the land to the municipality to the satisfaction of
and at no expense to the municipality for a public transit right
of way.
ii)
Cash-in-lieu of parking.
iii)
Cash-in lieu of parkland.
5) Timing of the project which may include an identified period for
commencement of construction and a lapsing of approval if project
does not start within the identified period.
Applicants may at any time appeal a condition(s) to the Local Planning
Appeals Tribunal (LPAT. In addition the applicant may at anytime request
that the Local Planning Appeals Tribunal determine whether a specified
condition has been fulfilled.
2.27
AGREEMENTS
The Owner or Applicant may be required to enter into a Development Permit
Agreement with the Town, to be registered against the lands affected, which
shall include but not be limited to:
1) The responsibility of each party to execute and complete all works
envisioned in the Development Permit Approval,
2) Detailed drawings and specifications of the work to be completed,
including plans showing the physical relationship to the adjacent
properties and public right-of-ways,
3) The timing of construction, including commencement and completion,
4) Any financial guarantees and / or fees required by the Town to ensure
the completion of the works described in the Development Permit.
2.28
HOLDING PROVISIONS
Any parcel or area of land in any designation on the Schedule of this By-law
may be further classified with a holding provision through the addition of the
suffix "h". The holding classification added to a given designation shall restrict
development of the land until such time the holding provision is removed.
Where a holding provision applies, no lands shall be used and no buildings or
structures shall be erected or used for any purpose other than uses existing
on the date of passing of this By-law. Any change from the holding status shall
require an amendment to this By-law and the Town may require that the
applicant enter into an agreement for the development of the land prior to the
amendment being adopted
3.0 GENERAL PROVISIONS
The General Provisions section of the By-law provides the regulations which
apply regardless of the standards provided in the designation which applies
to any particular building, structure or use. Whereas the designation provides
site specific controls which apply to such items as permitted uses and
locational restrictions, general provisions provide regulations more general in
nature, which apply to a variety of uses regardless of the designation.
3.1
ACCESS
Subject to other provisions of this By-law, development shall only be permitted
on a lot that abuts a publicly maintained roadway, or a privately maintained
access road where there exists a legal and binding agreement in place with
respect to ownership and maintenance of said access road, or a private road
required as part of a condominium plan which defines responsibility for the
long-term maintenance of the private road
3.2
ACCESSORY USES, BUILDINGS AND STRUCTURES
Where a lot is devoted to a permitted use, customary accessory uses,
buildings and structures are authorized provided that:
1) No accessory use, building or structure shall be erected on any lot until
the principal use has been established or the principal building or
structure has been erected.
2) All accessory uses, buildings and structures to a permitted principal
use shall be located on the same lot and in the same designation as
the principal use.
3) The use of any accessory building for human habitation is not permitted
except where specifically listed as a permitted use.
4) No accessory buildings and structures shall be erected in the required
front yard or the required exterior side yard, except as may be
permitted elsewhere in this By-law.
5) Except where permitted elsewhere in this By-law no accessory building
or structure shall be erected closer than 1.0 metre (3.2 feet) to any
interior side lot line, rear lot line, or structure, shall not be in the No
Encroachment Zone and shall be subject to the requirements of the
Ontario Building Code.
6) Any building or structure which is attached to the main building shall
not be considered an accessory building or structure.
7) Accessory uses, excluding outdoor swimming pools, shall not cover
more than 45% of any rear yard or more than 10% of the total lot area
in any residential designation or more than 8% of the total lot area in
any non- residential zone.
8) The maximum height of accessory buildings shall be 4.5 metres (14.7
feet). Notwithstanding the foregoing, the maximum height of accessory
structures in the Highway Commercial and Employment designations
is limited to 11.0 metres (36 feet).
9) Private swimming pools, above-ground and in-ground, outdoor and
indoor, shall conform to the provisions of any Swimming Pool By-law
as may from time to time be enacted by Council in accordance with the
Municipal Act. Indoor pools which are not an integral part of a dwelling
unit or part of a municipal or private recreational facility shall conform
with the accessory building requirements contained in Section 3.2 of
this By-law.
3.3
AUTOMOBILE SERVICE STATIONS, GASOLINE BAR, FUEL
PUMP ISLANDS, AND AUTOMOBILE WASHING
ESTABLISHMENT
Despite any other provisions contained in this By-law, for all designations
within which an automobile service station, gasoline bar, fuel pump island and
or automobile washing establishment is permitted, the following shall apply:
3.3.1
Gasoline, Fuel Pump Island Location
The minimum distance between the gasoline pump island, pumps and
their related overhead canopies and any pump shall be 6.0 metres
(19.7 feet) from any lot and or street line.
Where the lot is a corner lot, no portion of any gasoline pump island
shall be located closer than 3 metres (9.8 feet) to the limits of a sight
triangle.
3.3.2
Separation of Propane Tanks
No person shall erect or use a tank for the storage of propane for sale
at an automobile service station or gas bar or on any other property
where vehicle fuel may be dispensed unless a license has been
obtained from the Ministry of Consumer and Commercial Relations
and the location is in compliance with the requirements under the
Technical Standards and Safety Act (TSSA).
3.3.3
Access and Egress
The width of any access or egress, or combined access and egress,
measured at the front lot line or exterior side lot line shall not be
greater than 12 metres (39.4 feet).
The minimum distance of any access or egress from a street
intersection shall be 7 metres (22.9 feet). The minimum distance
between driveways measured along the street line intersected by
such driveways shall be 7.5 metres (24.6 feet), excluding driveways
located in any residential designation.
3.4
BED AND BREAKFAST
A bed and breakfast establishment, as herein defined, shall be a permitted
use within all single detached residential dwellings provided all other
provisions of this By-law can be met. All Bed and Breakfast establishments
shall be subject to the approval of a Class 2 Development Permit. Signage for
Bed and Breakfast establishments shall be in accordance with the dimensions
stated in Section 3.21. Parking and amenity areas required for the Bed and
Breakfast operation shall be buffered from neighbouring residential uses.
3.5
BOUNDARY INTERPRETATION
When interpreting designation boundaries, as illustrated on Schedule A and
forming an integral part of this By-law, the following provisions shall apply:
1)
A boundary indicated as following a highway, street or lane shall be the
centre line of such highway, street or lane;
2)
A boundary indicated as following a watercourse, creek, stream or the
right-of-way of a railway or an electrical, gas or oil transmission line
shall be the centre line of such watercourse, creek, stream or right-of-
way;
3)
A boundary indicated as following the shoreline shall follow such
shoreline, and in the event of a change in the shoreline, the boundary
shall be construed as moving with the actual shoreline;
4)
A boundary indicated as approximately following lot lines shown on a
Registered Plan of Subdivision, Reference Plan, or Township lot lines
shall follow such lot lines;
5)
Where boundary is indicated as approximately parallel to a street line
or other feature as stated in clause 1, 2, or 3 above, and the distance
from such street or other feature is not indicated, and clause 4 above
is not applicable, such boundary shall be construed as being parallel
to such street line or other feature, and the distance there from shall be
determined according to the scale shown on the applicable Schedule.
6)
A boundary indicated as following the limits of the Corporation of the
Town shall follow such limits.
7)
In the event a dedicated street, lane or right-of-way shown on any
Schedule forming part of this By-law is closed, the property formerly in
such street, land or right-of-way shall be included within the designation
of the adjoining property(ies). Technical revisions to the by-law
mapping will be implemented as required in order to ensure that the
boundaries of the designation coincide with the lot and block fabric with
no need to amend this By-law.
3.6
BUILDINGS TO BE MOVED
No building or structure shall be moved within the limits of the Town, or shall
be moved from outside the Town into the Town unless the building or structure
is a permitted use and satisfies all the requirements of the designation in
which it is to be located and then only after any necessary permit has been
obtained from the Chief Building Official, Ministry of Transportation and/or the
Public Works Department, or other applicable approval authorities.
3.7
CHANGE CAUSING CONTRAVENTION OF BY-LAW
No person shall change the purpose for which any lot, building or structure is
used, or erect any new building or structure, or enlarge or reduce an existing
building or structure, or sever any lands from any existing lot, if the effect of
such action(s) is to cause the original, adjoining, remaining or new use,
building or structure or lot to be in contravention of this By-law.
3.8
CONFLICTING STANDARD
Where there are other conflicting requirements in this By-law, the more
restrictive standards shall apply unless specifically stated otherwise.
Where any provision of this By-law conflicts with the provisions of any
regulation, By-law or statue of any other government authority, the more
restrictive standard shall prevail.
3.9
CORNER LOT SIGHT LINES
Notwithstanding any provisions of this By-law to the contrary, within any area
de- fined as a sight triangle, the following uses shall be prohibited:
1)
A building, structure or use which would obstruct the vision of drivers
of motor vehicles;
2)
A fence or tree, hedge, bush or other vegetation the top of which
exceeds 1.0 metre in height above the elevation of the centre lines of
the abutting streets;
3)
A parking area;
4)
A finished grade which exceeds the elevation of the centerlines of
abutting streets by more than 0.5 metres.
3.10
DANGEROUS SUBSTANCES
No use shall be permitted which, from its nature or the materials used therein,
is declared to be a noxious trade, business or manufacture under relevant
Provincial or Federal legislation or regulations.
3.11 DRIVE THROUGH OPERATIONS
A drive through facility may be provided in conjunction with any restaurant,
bank or bank machine, a gasoline pump at a gas bar or service station, a
pharmacy or drug store or with any use that is associated with a shopping
centre. A traffic impact study shall be required before approval to support the
proposed development. The study shall illustrate traffic patterns and controls.
Where multiple drive through facilities are proposed all drive through facilities
must be considered within the traffic impact study.
A drive through facility is required to provide off street motor vehicle queuing
space both leading up to and away from each service bay, window, kiosk,
booth or gasoline pump island.
All queuing spaces must be 2.75 metres (9.0 feet) in width by 6 metres (19.7
feet) in length and where such spaces abut a residential use they must be
screened by solid fencing at least 1.5 metres (4.9 feet) in height.
All drive through facilities must provide screening from any public right of way
to minimize any visual impacts of the use.
Pedestrian walkways should not intersect the drive through aisles, but where
they do, they shall have clear visibility, and they must be emphasized by
enriched paving or striping.
3.12 DWELLING UNITS
3.12.1
Location
A dwelling unit may be entirely located in a basement subject to
meeting the requirements of the Ontario Building Code and the Town
of Carleton Place Public Works Department.
The finished floor of any dwelling unit or part of a dwelling unit located
in a basement cannot be located below the 100-year flood elevation
as defined by the Mississippi Valley Conservation Authority.
3.12.2
Yard Provisions
Where a dwelling unit is located in a non-residential building, such
dwelling unit shall comply with the yard provisions of the By-law which
apply to the non- residential building.
3.12.3
Established Building Line in Built Up Area
Notwithstanding the yard setback provisions of the By-law to the
contrary, where a permitted building is to be erected on a lot in a built-
up area, such permitted building may be erected closer to, or further
from the street line or the centreline of the street as the case may be
if the existing building(s) on the adjacent lot(s) is (are) closer to, or
further from the street line or centreline than the By-law provisions
permit.
Notwithstanding the foregoing, a permitted garage shall not be
located closer to the street line or centreline of the street than the
permitted building.
For a proposed building where buildings on both adjacent lots are
closer than By-law provisions would permit, setback and yard
provisions are calculated as follows: the sum of the two existing
adjacent front yard setbacks divided by two.
For a proposed building where buildings on one adjacent lot is closer
than By-law provisions would permit, setback and yard provisions are
calculated as follows:
The average setback from the street line of existing buildings on one
side of a continuous 100 metres (324 feet) strip of land where three
(3) or more lots having street frontage upon the said side of the street
have been built upon.
3.13
EXISTING LOTS
Where there is a developed existing lot that does not meet the minimum
setback requirements of the designation, construction of additions or
accessory structures shall be permitted provided that the proposal complies
with all other provisions of the By-law. The existing non-compliance must be
recognized through a Class 1 or 1A Development Permit agreement.
Where land acquisition by any public authority results in a change to the
configuration of a lot that would otherwise conform to the By-law but will not
conform when land acquisition is complete, such lot shall be deemed to
comply.
3.14
FENCES
Any fence erected hereafter within the municipality shall conform to the
provisions of the Municipal By-law as may from time to time be enacted under
the Municipal Act or the provisions of the Line Fences Act and shall not
interfere with the no-encroachment zone.
3.15 EXTERIOR
DESIGN
Elements of exterior design are subject to the provisions outlined in Sections
13 and 14 of this By-law. All proposals must include coloured elevation
drawings which demonstrate that the overall design of the new development
is consistent with the exterior design elements illustrated in Sections 13 and
14 of this By-law. All proposed multi-residential developments within the
Mississippi District must demonstrate compatibility with existing built form by
means of an Urban Design Brief undertaken by a qualified professional to
demonstrate compatibility and consistency with adjacent existing built form(s).
3.16 FRONTAGE ON A PUBLIC ROAD
No person shall erect any building or structure in any designation unless the
lot upon which such building or structure is to be erected has sufficient
frontage on a public road or street maintained year round, as per the
requirements of the applicable designation.
Notwithstanding the foregoing, buildings or structures may be erected on
privately maintained access ways by means of a condominium application
and approval.
Development and/or redevelopment on privately maintained access roads
shall be subject to a legal and binding agreement which shall address
ownership and maintenance.
The Town shall not assume any liability for privately maintained roadways and
shall not be responsible for maintenance or snow removal. In some cases,
public services such as school bussing and protection to person/property,
including police, fire and ambulance services may be unavailable or limited
due to physical constraints posed by either the road itself or maintenance
levels.
3.16.1
Ministry of Transportation Access Requirements
In addition to all the requirements of the Corporation, all development
adjacent to any Provincial Highway shall also be subject to the
requirements and permits of the Ministry of Transportation.
3.17
FRONTAGE ON MORE THAN ONE STREET
Where a lot fronts on more than one street and is not a corner lot, the
requirement for front yards contained in this By-law shall apply to each yard
abutting the street in accordance with the provisions of the designation or
designations in which such lot is located.
3.18
GARAGES AND STORAGE SHEDS
Detached garages and storage sheds are subject to the provisions of Section
3.2 of this By-law.
3.19
GROUP HOMES
Group Homes shall be permitted in all designations that allow residential uses
provided that they are licensed by the approval authority.
3.20
HEIGHT EXCEPTIONS
Where height limitations are set forth in this By-law, such limitations shall not
apply to water tanks, flag poles, lightning rods, lighting standards, ventilators,
skylights, mechanical equipment, air conditioning ducts, antennae, satellite
dishes, church steeples, belfries, clock towers, chimneys, electrical supply
facilities, ornamental roof structures that contain no floor area and
communications towers. Notwithstanding the foregoing, limitations prescribed
by the Federal Ministry of Transportation or practices recommended by the
Ministry with respect to height limitations shall prevail.
3.21
HOME BASED BUSINESS / HOME OCCUPATIONS
A Home-based business may be permitted in any designation where
residential uses are permitted subject to the following:
1)
The home-based business shall clearly be secondary and accessory
to the principal residential use;
2)
The nature and scope of a home-based business shall not change
the residential character of the dwelling or property;
3)
The business is conducted by a person(s) residing on the premises;
4)
No more than one person, other than a person(s) residing on the
premises shall be engaged in the business;
5)
The home business shall not occupy more than 25% of the total
floor area of the dwelling and/or accessory structure used for home-
based business purposes;
6)
There shall be no external display or advertising other than a sign,
indicating that a part of the dwelling or dwelling unit is being used for
a purpose other than residential. Such sign may be no more than
0.3 square metres (3.2 square feet) and shall be located either on
the dwelling or as a free-standing sign which is located no closer
than 4 metres (13.1 feet) to the front lot line and is outside of the site
triangle;
7)
The only retail use permitted shall be for those products
substantially made on site or accessory and essential to the
business;
8)
Where instruction is carried on, no more than 5 pupils may be in
attendance at one time;
9)
The activity shall not create or become a nuisance, in particular, in
regard to noise, odour, vibration, dust, fumes, traffic or parking
outside the property limits;
10) No mechanical or electrical equipment is used except that which is
reasonably consistent with the use of the dwelling;
11) One parking space per 20 square metres (215 square feet) of floor
area used for the home occupation and one parking space for an
employee shall be provided in addition to the required parking for
the residential use. Notwithstanding the above each home
occupation shall have a minimum of one parking space dedicated to
the home business.
12) There shall be no outside storage of materials;
3.22 ILLUMINATION
The use of sensitive lighting practices is required in accordance with the
following:
1) Illumination shall not cause direct or indirect glare on a street that may
interfere with traffic or pedestrian safety;
2) Illumination shall not consist of a colour or be so designed or located
that it may be confused with traffic signals;
3) Illumination shall not cause direct or indirect glare on adjacent
properties.
3.23 LANDSCAPING/GREENSPACE
Provisions for landscaped open space with respect to buffering non-
compatible land uses are set forth in the specific land use designations of this
By-law.
In any Residential, Commercial, Institutional or Employment designation any
portion of any front yard which is not used for any other permitted use shall
be exclusively devoted to landscaped open space.
Any land used for landscaped open space shall be included in the calculations
of lot area, yard requirements, etc. as set forth in this By-law.
Where landscaping is required as a buffer, such landscaping shall be
continuous except for lanes, driveways aisles or walkways which provide
access to the lot.
3.24 LAND SUITABILITY FOR USE AND ORGANIC SOILS
Despite any other provisions of this By-law, no habitable building or structure
shall be constructed, erected, altered or used on land which, by reason of its
low lying, marshy, unstable character or which is located or may be located
on organic soil, unless the proponent or applicant for development can
demonstrate conclusively, through recognized scientific and/or engineering
studies, that the physical constraint can be mitigated or overcome, and that
the requirements of the Ontario Building Code with respect to construction
can be met and that any requirements of the Public Works Department can
be met. A permit from the Mississippi Valley Conservation Authority may also
be necessary.
3.25
LOADING SPACE REGULATIONS
The owner or occupant of any lot, building or structure located in an
Employment or Commercial designation, which involves the frequent
receiving, shipping, loading or unloading of animals, goods, wares,
merchandise or raw materials shall provide and maintain on the lot occupied
by the building or structure, loading spaces in accordance with the following
regulations:
3.25.1
Number of Spaces Required
The number of loading spaces provided shall be in accordance with
the floor area of the building or structure as follows:
Each loading space shall be at least 9 metres (29.5 feet) long, 3.5 metres
(11.4 feet) wide and have a vertical clearance of 4.5 metres (14.7 feet).
The required loading spaces shall be provided on the lot occupied by the
building or structure for which the spaces are required and such spaces shall
not form part of any street or required parking area, and shall not be located
within a required front yard or exterior side yard.
Access and egress to and from loading spaces shall be by means of a
driveway at least 3.5 metres (11.4 feet) wide for one way traffic and 6.0 metres
(19.6 feet) wide for two way traffic and located within the lot on which the
loading spaces are located.
The loading space requirements shall not apply to any building or structure in
existence at the date of the passing of this By-law so long as the floor area,
as it existed at such date, is not increased. If an addition is made to the
building or structure which increases the floor area, then additional loading
FLOOR AREA OF THE
BUILDING
NUMBERS OF LOADING
SPACES
250 square metres or
less
0
Exceeding 250 square
metres but not more
than 1,000 square
metres
1
Exceeding 1,000 square
metres but not more than
7,500 square metres
2
Exceeding 7,500 square
metres
2 plus 1 additional space for
each additional 7,500 square
metres of floor area, or fraction
thereof, in excess of 7,500
square metres
spaces shall be provided as required in the chart of Section 3.25.1.
3.25.2 NON-CONFORMING USES AND NON-COMPLYING
PROVISIONS AND STANDARDS
3.25.3
Continuance of Existing Uses
Nothing in this By-law shall apply to prevent the use of any
land, building or structure for any purpose prohibited by the
By-law if such land, building or structure was lawfully used for
such purpose on the day of the passing of the By-law so
long as it continues to be used for that purpose.
3.25.4
Extension or Expansion of Existing Uses
Where the use of any land, building or structure is
prohibited under this By-law, such land, building or
structure shall not be extended except through a Class 2
Development Permit, provided that the non-conforming use
of the building or structure existed on the day of the
passing of this By-law and continues to be used for such
purpose.
3.25.5
Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any
building or structure for which a building permit has been
issued under the Building Code Act prior to the passing of
this By-law, so long as the building or structure when
erected is used and continues to be used for the purpose for
which it was erected and provided the permit has not been
revoked under the Building Code Act.
3.25.6
Road Widening
Nothing in this By-law shall prevent the use of any land,
building or structure or the erection of any building or
structure on a lot which does not comply to the minimum lot
frontage and/or lot area and/or front yard setback and in the
case of a corner lot, the exterior side yard setback, as a
result of a road widening taken by the Town of Carleton
Place, Lanark County or the Ministry of Transportation of
Ontario, provided all other requirements of this By-law are
complied with.
3.25.7
Reconstruction or Repair of Existing Building
A building or structure being used for legal non-conforming
use may be reconstructed, renovated, repaired or
strengthened to a safer condition where such building or
structure was lawfully used for such purpose on the day of
the passing of this By-law and continues to be used for such
purpose, provided that the building or structure is
constructed in conformity with the requirements of this By-
law. Where such building or structure is also an existing
legal non-conforming building or structure, the building or
structure may be reconstructed, renovated, repaired or
strengthened to a safer condition provided that the building or
structure does not further reduce any designation
requirements.
3.25.8
Addition to Existing Building or Structure
Nothing in this By-law shall prevent the renovation,
extension or addition to a building or structure which is
used for a purpose specifically permitted within the
designation in which such building or structure is located
and which building or structure existed at the date of
passing of this By-law but which building or structure does
not comply with one or more of the designation requirements
of this By-law, provided such renovation, extension or
addition does not further reduce the requirements of this
By-law or any requirements of Ministries or agencies.
3.25.9
Existing Undersized Lots
Despite anything else contained in this By-law, where a
vacant lot lawfully created having a lesser frontage and/or
area than is required by this By-law is held under distinct
and separate ownership from adjoining lots, according to the
register for land in the Land Titles or Registry Office, on the
date of the passing of this By-law, it may be used for a
purpose permitted in the designation in which the said lot is
located, provided it can be adequately serviced and that
all other applicable provisions in this By-law are met.
3.25.10
Accessory Buildings
Nothing in this By-law shall prevent the erection of a building
accessory to an existing non-conforming use provided that
such accessory building complies with all relevant
provisions of Section 3.2 of this By-law.
3.25.11
Change in Use
The non-conforming use of any land, building or structure
shall not be changed except to a use which is in conformity
with the provisions of the designation in which the land,
building or structure is located and requires a Class 1
Development Permit for residential or Class 1A for non-
residential, as per Section 2.17. Changes to a discretionary
use requires a Class 2 application.
3.25.12 Non-Conforming by Reason of Metric Conversion
Existing lots, buildings and uses which cannot meet one or
more metric standards in this By-law but which can meet the
approximate value of the imperial equivalent standard shall
not be deemed non-conforming for this reason only.
3.26
NOXIOUS USES
No use shall be permitted which from its nature or the materials used therein,
is declared to be a noxious trade, business or manufacture by the Public
Health Act or any regulations made there under.
3.27 OCCUPANCY RESTRICTIONS
All dwelling units are required to obtain an occupancy permit from the Chief
Building Official as per the Ontario Building Code.
Human habitation shall not be permitted in any of the following buildings,
structures, or parts thereof unless the building, structure or parts thereof meet
all requirements of this By-law, the Fire Code, the Ontario Building Code and
any other applicable regulations, policies, or Acts:
1) Any private garage or other building which is accessory to a residential
use subject to Section 3.36 (Secondary suites);
2) Any truck, bus, coach or street car body whether or not the same is
mounted on wheels;
3) Any basement located below the 100-year flood elevation as defined
by the Mississippi Valley Conservation Authority;
3.28 OUTSIDE STORAGE AND DISPLAY
No person shall use any lot or part thereof for outside storage, sales or display
except as permitted by the By-law and as an area which has been specifically
designed and set aside for such purpose, is fully integrated with the main use
of the lot and is in accordance with the following:
3.28.1
Outside Storage
1) Outside storage is only permitted within the Industrial
Campus designation of the By-law.
2) Outside storage shall not be permitted within any required
front yard and exterior side yard.
3) Any areas used for outside storage are to be fenced with
wood screening and buffered with soft landscape elements.
4) Where outside storage areas abut a designation in which
residential uses are permitted, the required setback of the
outside storage area shall be 10 metres (32.8 feet) and must
also be visually screened from any designation in which
residential uses are permitted.
5) Any areas used for outside storage shall be in addition to
any minimum off- street parking or loading areas required
by this By-law.
3.28.2
Outside Display
Any areas used for outside display shall be in addition to any
minimum off-street parking or loading areas required by this
By-law.
3.29
PARKING AND STORAGE OF VEHICLES
Except as provided herein, no vehicles shall be parked or stored in a
Development Permit Area Designation in which residential uses are permitted
unless the vehicle is located within a garage, carport, driveway, rear yard or
exterior side yard designated parking area or on a street as permitted by
Municipal By-law.
1) Each standard parking space shall have a minimum width of 2.75
metres (9.0 feet) and a minimum length of 6.0 metres (19.7 feet).
Each barrier-free parking space shall have a minimum width of 3.7
metres (12.1 feet) and minimum length of 6.0 metres (19.7 feet).
2) Where reduced parking space dimensions are proposed such
proposal may be required to provide a Parking Study undertaken by
a Traffic Engineer that demonstrates the feasibility of the reduced
standards for the development in question. The Parking Study shall
address vehicular movements and access and potential impacts on
adjacent properties as well as public and/or private roads.
3) Unless permitted elsewhere in this By-law, where two or more uses
are permitted in any one building or on any one lot, then the off-
street parking requirements for each use shall be calculated as if
each use is a separate use, and the total number of off-street
parking spaces so calculated shall be provided.
4) Parking area for more than four vehicles, supplementary
regulations:
a. The parking area shall be constructed of asphalt paving,
concrete, paver stones or similar materials and shall be
maintained and treated so as to reduce dust, scattering of
stones and similar undesirable effects on adjoining properties
and shall incorporate drainage facilities that comply with the
requirements of the Corporation.
b. All ingress, egress, laneways, roadways and aisles must be
constructed of asphalt paving, concrete, paver stones or such
material as approved by the Director of Public Works.
c. Ingress and egress directly to and from every parking space
shall be by means of a driveway, land or aisle having a width
of at least 6.0 metres (19.7 feet) for two-way traffic and 3.5
metres (11.5 feet) for one-way traffic where parking is angled.
d. A minimum 3m (10 feet) landscape buffer strip is required
betweenall parking lots and the property lines in the
Residential District. This can be reduced to 2m (6.5 feet) with
the inclusion of a 6m (19.7 feet) privacy fence.
e. Where an employment use is located adjacent to a residential
use a 3m (10 feet) landscape buffer strip shall be provided
between the parking lot and the property line.
f. In the Employment District, all entrances to parking areas
shall be well defined by signage and curbing. Parking lots
shall provide landscape elements within islands, along
thoroughfares and a minimum of 5m (16.4 feet) of buffered
landscape area shall be provided within the 6m (19.7 feet)
front yard setback to the parking area.
3.29.1
Motorcycle Parking
Motorcycle parking can be located in areas which may be
unsuitable for vehicle parking due to size or shape and not
intended for pedestrian traffic, however the parking must be
clearly delineated by markings and barriers.
The minimum dimensions for each space intended for
motorcycles or similar vehicles must be 1.0 m (3.3 feet) in
width and 2.1m (6.9 feet) in length.
Motorcycle parking may be provided in addition to the
prescribed spaces required by Section 3.30.3.
3.29.2
Barrier Free Parking
Wherever barrier-free access to a building is required under
the Ontario Building Code, one barrier-free parking space
shall be provided as per the following chart and shall be
included in the total number of parking spaces required under
the Schedule for Parking Requirement in Section 3.30.3.
Capacity of
Public Parking
Area
Minimum Number of
Spaces to be
Reserved for
Physically Disabled
Persons
1-5
0
6-99
1
100-199
2
200-299
3
300-399
4
400-499
5
500 plus
6
The barrier free parking spaces shall be:
1)
widths as per Type A and Type B illustrated in the
diagrams following;
2)
a minimum of 25% of Type A spaces to Type B spaces
are required;
3)
a minimum length of 6 metres (19.7 feet);
4)
hard surfaced;
5)
level;
6)
identified by signage;
7)
accessible via ramps, depressed curbs, or other
appropriate means, and
8)
so placed as to permit easy access to or from a motor
vehicle parked therein.
The widths shall be:
Type A accessible parking space that has a minimum width
of 3.4m (11 feet) and a minimum depth of 6m (19.7 feet),
with an access aisle of 1.5m (4.9 feet).
Type B accessible parking space that has a minimum width
of 2.75 metres (9 feet) and a minimum depth of 6m (19.7
feet), with an access aisle of 1.5m (4.9 feet).
Type A and Type B spaces can share the access aisle
between them for two accessible parking spaces.
3.29.3
Location and Number of Spaces
All required parking must be provided outside of the
municipal right of way and may not encroach on the
municipal sidewalk.
TYPE OF USE
MINIMUM
PARKING
REQUIREMENTS
Single-detached Dwelling, Semi-
detached Dwelling, Duplex Dwelling,
Townhomes
2 spaces per dwelling unit,
one of which can be
provided within a private
garage
Accessory Dwelling Unit /
Secondary Suite
1 space per dwelling unit
Apartment Dwellings, Senior's
Residential Dwelling Unit and all
other residential uses not specif
cally described herein
1.25 spaces per dwelling
unit.
Visitor parking shall be
provided at 0.25 spaces per
dwelling unit
Home for the Aged, Nursing Home,
Long-term Care Facility, Assisted
Living Retirement Home
0.25 per dwelling unit or
rooming unit plus 1 per 100
square metres (1,076
square feet) of gross floor
area used for medical,
health or personal services
Auditorium, auction house,
1 space for every 4 seats,
community centre, commercial
sports and/or recreation centre,
theatre and similar places of public
assembly
fixed or otherwise and
where there are no seats, 1
space for every 20 square
metres (215 square feet) of
assembly space
Building supply store, garden
centre, nursery, wholesale outlet,
commercial greenhouse
1 space per each 20 square
metres (215 square feet) of
gross floor area and 1
space for each 35 square
metres (376 square feet) of
open storage
Clinic, Veterinary Establishment
6 spaces per practitioner
Building Contractor's, Printing and
Publishing Establishment, Custom
Workshop
1 parking space per 30
square metres (322 square
feet) of gross floor area or
fraction thereof, with a
minimum of 4 spaces
provided
Funeral Establishment
7 spaces per 100 square
metres (1,076 square feet)
Institution
1 parking space per 100
square metres (1,076
square feet) of
display/assembly area or
fraction thereof, including
basement area used for
display, with a minimum
of 4 parking spaces
provided
Daycare Facility
1 space per employee and
1 space per 5 children
Group Home
1 space per 100 square
metres (1,076 square feet),
minimum 2 spaces provided
Retail store, personal service
business, bank, office.
1 space per 20 square
metres (215 square feet) of
gross floor area, minimum 5
spaces
Home Occupations
One parking space per 20
square metres of floor area
used for the home
occupation and one parking
space for an employee shall
be provided in addition to
the required parking for the
residential use.
Hotel, Motel, Bed and Breakfast
Establishment
1 space per guest unit and
plus 1 parking space per 8
persons designated seating
capacity of any accessory
eating establishment
Manufacturing or warehouse
1 space for per 95 square
metres (1,022 square feet)
of Gross Floor Area plus 1
space per every 3
employees per shift
School
Two spaces per classroom
Private School
4 spaces per classroom
Automotive body shop, auto repair
garage, automotive service station
3 spaces per service bay
and 1 space per employee
Automobile Sales and Service,
Automobile Rental Establishment,
Recreation Vehicle Sales and
Storage, Farm Implement Sales,
Commercial Storage
2 spaces per 100 square
metres (1,076 square feet)
with a minimum of 4 parking
spaces
The provision of parking for
the storage of new and
used vehicles, boats or
trailers for sale or lease, or
service shall not be
included as satisfying the
provisions of this clause
Restaurant, restaurant drive thru,
Brew Pub, night club, bar
1 space per 10 square
metres (107.6 square feet)
of Gross Floor Area
Place of Worship
1 space for every five seats,
fixed or otherwise
All other uses not listed herein
1 space per 25 square
metres (269 square feet)
Despite Section 3.30 of this by-law, if the calculation of the
minimum parking space requirement results in a fraction, the
minimum requirement shall be the next higher whole number.
The minimum parking requirements for Residential and Non-
Residential uses required herein may be reduced or waived
provided the owner enters into a Class 2 Development Permit
and the applicant submits a Parking Study undertaken by a
Traffic Engineer to determine suitability of the request.
3.29.4
Cash-in-lieu of Parking
The minimum parking requirements for Residential and Non-
Residential uses required herein may be reduced or waived
provided the owner enters into a Class 2 Development Permit
agreement. The applicant must submit a Parking Study
undertaken by a Traffic Engineer to determine suitability of
the request.
A condition of the agreement will be the receipt of payment in
accordance with the Fees and Charges Bylaw payable to the
Town of Carleton Place, to satisfy cash-in lieu of parking
requirements, per required space.
3.29.5
Parking in the Downtown District
Notwithstanding the foregoing, parking requirements in the
Downtown District, as shown on Schedule A, shall be reduced
to 0 spaces for non-residential uses and 1 space for each
permitted residential dwelling unit.
3.29.6
Parking Restrictions in Residential Designations
The use of residential properties for the parking and storage
of commercial or recreational vehicles shall be in accordance
with the provisions of other relevant municipal By-law(s) as
may be from time to time enacted under the Municipal Act.
3.31
PARKING OF BICYCLES
Except as may otherwise be provided for, the minimum number of parking
stalls for bicycles, motorcycles or similar vehicles in addition to the required
vehicle parking, must be provided as set out in the following:
USE
NUMBER OF REQUIRED SPACES
Apartment Buildings
0.5 space per dwelling unit plus 6 spaces for
any development with 20 or more dwelling
units, such spaces shall be in accordance
with Section 31.1
Schools
1 space per 20 square metres of classroom
plus 1 space per 800 square metres of
office area; or 8 spaces, whichever is
greater.
Offices
4% of required vehicle parking; or 8 spaces,
whichever is less
Commercial Uses (unless
otherwise noted), including
Restaurants (excluding take-
out only)
5% of required vehicle parking; or 8 spaces,
whichever is greater
Convenience Store
8 spaces
Cinema, Community Centre,
Commercial Sports and
Recreation Centre
10% of required vehicle parking; or 8
spaces, whichever is greater
Industrial Use
4% of required vehicle parking; or 4 spaces,
whichever is less
3.31.1
Bicycle Space Design Standards
All required spaces for bicycles, motorcycles or similar
vehicles must be provided in accordance with the following
design standards:
1) The minimum dimensions for each space intended for
bicycles must be 0.6m (2 feet) in width and 1.8m (5.9
feet) in length with a 1.2m (3.9 feet) clear access aisle
and 1.2m (3.9 feet) vertical clearance;
2) Bicycle spaces shall be secured by a locked door or shall
include a securely anchored rack to which the bicycle
frame and one wheel can be locked.
3) Bicycle parking stalls shall be located close to major
building entrances.
4) The minimum dimensions for each space intended for
motorcycles or similar vehicles must be 1.0m (3.3 feet)
in width and 2.1m (6.9 feet) in length;
5) Motorcycle parking can be located in areas which may
be unsuitable for vehicle parking due to size or shape
and not intended for pedestrian traffic, however the
parking must be clearly delineated by markings and
barriers.
6)
3.32
PERMITTED PROJECTIONS
Every part of any yard required by this By-law shall be open and unobstructed
by any structure from the ground to the sky except the following structures;
STRUCTURE
MAXIMUM PROJECTION INTO
REQUIRED
Chimney breasts, sills,
cornices fireplaces, window
wells
1 metre (3.2 feet) into any required front,
rear or side yard and a maximum width of
3 metres (9.8 feet). Not permitted in no-
encroachment zone.
Bay windows, pilasters
1 metre (3.2 feet) into any required front,
rear or exterior side yard and a maximum
width of 3 metres (9.8 feet). Not permitted
in no-encroachment zone.
Canopies which are at least
2.13 metres (7 feet) in vertical
clearance above the finished
grade.
2 metres (6.4 feet) into any required front,
rear or exterior side yard. Not permitted in
no-encroachment zone.
Canopies for entrances to
Despite any other provisions in this By-law,
apartment buildings and
commercial buildings
a canopy or portico over a major entrance
to an apartment building or commercial
building may project into the required yard
a distance equal to one half (1/2) the
setback of the building from the street line.
Not permitted in no encroachment zone.
Heat pumps and air
conditioners
1 metre (3.2 feet) into any rear yard only
Window awnings
1 metre (3.2 feet) into any required front,
rear or exterior side yard. Not in no-
encroachment zone.
Accessible ramps and
walkways
A Class 1 Development Permit may be
required subject to review. Not in no-
encroachment zone.
Fire Escapes
1 metre (3.2 feet) into any required front,
rear or exterior side yard. Not in no-
encroachment zone.
3.32.1
DECKS, PORCHES, VERANDAS AND BALCONIES
Enclosed porches and verandas are subject to the same
provisions as the main structure they are attached to.
Notwithstanding the provisions in Sections 3.32.2, 3.32.3 and
3.32.4, the following also applies;
1) Stairs used to access decks/porches/verandas shall be
setback at least 2.5 metres (8.2 feet) from any lot line or
meet the minimum yard setback, whichever is lesser.
2) No part of a deck, porch, veranda, balcony and/or stairs
shall encroach into the no encroachment zone.
Decks, unenclosed porches, verandas and balconies are
subject to the following provisions:
3.32.2
Decks, Unenclosed Porches and Verandas - under
3.0m high
Decks, unenclosed porches and verandas that have a floor
height of 3.0 metres (9.8 feet) or less measured from the
average grade level adjacent to the deck are permitted in the
front, interior side yard, exterior side yard and rear yard
provided that they are:
1) No closer than the minimum required setback for the
main building from the front, interior and exterior side lot
line, and
2) No closer than 3.0 metres (9.8 feet) from the rear lot line.
3.32.3 Decks, Unenclosed Porches and Verandas - over 3.0m
high
Decks, unenclosed porches and verandas that have a floor
height of more than 3.0 metres (9.8 feet) measured from the
average grade level adjacent to the deck are only permitted
in the rear yard provided that the deck is not closer than the
required minimum interior and exterior side yard setbacks for
the main structure and is no closer than 5.0 metres (16.4 feet)
from the rear lot line.
3.32.4
Balconies
Balconies located on the second storey or above shall be no
closer than the minimum required setback for the main
building from the front, interior and exterior side lot line.
3.33
PROHIBITED USES
Except as specifically permitted in this By-law, the following uses are
prohibited:
1)
No use shall be permitted within the Town which, from its nature or
the materials used therein, is declared to be a noxious trade, business
or manufacture.
2)
All uses specifically not identified within each designation are not
permitted unless a Class 3 Development Permit is approved.
3)
Facilities for the housing and care of livestock.
4)
Septic Systems and Wells except in accordance with Section 3.45.
5)
Rooming/Boarding Houses.
3.34
PROVISIONAL APPROVALS
Subject to the conditions outlined in Section 2 of this By-law, a Provisional
Development Permit may be approved and issued by the approval authority
in accordance with the provisions of this By-law.
Provisional approval is defined as approval in principle subject to certain
conditions of approval being met to the satisfaction of the Town of Carleton
Place.
The applicant shall have maximum of one (1) year from the date of the
issuance of a provisional approval to fulfill the condition or conditions of
approval before approval lapses. One extension of provisional approval may
be given upon submission of a formal request to the Director of Development
Services of the Town of Carleton Place. The extension of a provisional
approval shall be for a period that can be reasonably considered to be
necessary to allow for a proponent to meet the required conditions but such
extension shall not exceed a period of one (1) additional year from the date
of lapsing of the original provisional approval.
3.34.1
Amendments to Provisional Approvals
Proposed amendments to a Provisional Approval of a
Development Permit will be reviewed in accordance with the
relevant sections of this By-law.
3.35
PROVISIONS FOR THE HANDLING AND TRANSFER OF
PROPANE AND NATURAL GAS
Facilities relating to the handling and transfer of propane and natural gas,
including tanks and associated compressors, pumps and other similar
facilities shall not be located in any minimum required front, side or rear yard.
All facilities must be setback a minimum of 30.0 metres (98.4 feet) from any
residential use.
Notwithstanding the above the 30.0 metre (98.4 feet) setbacks from
residential uses may be reduced in accordance with the findings and
recommendations of a Noise Impact Assessment Study prepared by a
qualified professional which demonstrates that there will be no adverse impact
to residential uses and provided that a minimum 6.0 metre (19.7 feet)
setback is maintained.
3.36 SECONDARY SUITES
Two (2) additional residential units may be permitted in a detached, semi-
detached or townhouse, and one (1) residential unit in a building or structure
ancillary to a detached dwelling, semi-detached dwelling or townhouse within
the Residential District. No dwelling unit other than a single detached, semi-
detached or townhouse dwelling, in the Residential District, shall be permitted
to include an additional residential unit(s).
An accessory building, or part of an accessory building, may be used as an
additional residential unit, in the Residential District, subject to compliance with
the Ontario Building Code, Engineering review and a Development Permit
agreement as per Section 2.17.
An additional residential unit(s) is permitted, within the Residential District,
only in accordance with the following provisions;
1)
The addition of the units shall not change the use of the subject lands;
2)
A maximum of three (3) additional residential units shall be permitted
on a residential lot;
3)
The units shall not be permitted in a dwelling unit used as a private
home daycare, a bed and breakfast establishment, or a group home;
4)
New entrances for the units within an existing dwelling unit shall not
be permitted on the front main wall of the main building facing a public
road;
5)
New entrances for the unit(s) in an accessory building shall be
accessible from the street by a walkway or driveway in accordance
with the Accessibility for Ontarians with Disabilities Act;
6)
Units located within a primary dwelling, an existing accessory building
or a new accessory building shall not exceed forty percent (40%) of
the gross floor area of the primary dwelling, exclusive of unfinished
basement and garage floor areas.
7)
Notwithstanding the minimum number of parking spaces required in
Section 30, an additional residential unit shall require 1 parking space
in addition to the required number of spaces for the main residential
building;
8)
Total lot coverage of all buildings cannot exceed 60%. Accessory
building lot coverage cannot exceed 45% of any rear yard. Accessory
building lot coverage cannot exceed 10% of the total lot area.
9)
Additional units shall not be permitted in the 1:100-year floodplain, as
defined by the Mississippi Valley Conservation Authority.
3.37
SEQUENCE OF DEVELOPMENT
No accessory use, building or structure shall be erected on any lot until the
principal use has been established and the principal building or structure has
been erected.
3.38
SETBACKS FROM A NATURAL WATERCOURSE
A setback of 30.0 metres (98.4 feet) is required from any natural watercourse
for all development except as follows;
1) Where it can be demonstrated through an Environmental Impact Study
(EIS) prepared by a qualified professional that there will be no adverse
impacts to the watercourse due to development or site alteration, the
30.0 metre (98.4 feet) setback may be reduced in accordance with the
recommendations of the EIS that considers the overall intent of the
minimum setback requirement, an assessment of the overall
development capacity, conveyance, and function of the waterbody; the
sensitivity of the waterbody; cumulative impacts; biophysical conditions
such as soil dept, slope angle, and vegetation cover, and natural
hazards.
The following shoreline accessory structures are permitted within the 30.0
metre (98.4 feet) setback:
1)
A maximum of one (1) boathouse per lot;
2)
Boathouse to a maximum length of 8.0 metres (26.2 feet) and a
maximum width of 3m (9.8 feet) and;
3)
Boatport to a maximum length of 8.0 metres (26.2 feet) and a
maximum width of 3m (9.8 feet) and;
4)
Storage shed not exceeding 10.0 square metres (107 square
feet);
5)
No boathouse or boatport shall be used for the provision of sleeping
quarters or include a kitchen or be used for the purpose of human
habitation;
6)
The maximum height of a boathouse or boatport shall not exceed
4.25 metres (13.9 feet).
7)
A maximum of one (1) boathouse per lot;
8)
The maximum gross area of a boathouse shall not exceed 47
square metres (505.9 square feet);
9)
The Mississippi Valley Conservation Authority shall be contacted
to determine if a permit is required;
10)
The Ministry of Natural Resources and Forestry shall be contacted
for a boathouse below the high-water mark of the waterbody, to
determine if a permit is required.
11)
Dock to a maximum length of 8.0 metres (26.2 feet) and a
maximum width of 2 metres (6.6 feet), unless otherwise permitted
by Mississippi Valley Conservation Authority and;
12)
Stairs and landings, provided that the landings do not exceed the
width of the stairs they serve and are not greater in width than 2.5
metres (8.2 feet) and;
13)
Docks shall be limited to floating, cantilevered or post dock
construction unless otherwise permitted by the Mississippi Valley
Conservation Authority;
14)
The surface area of a dock shall not exceed 15 square metres
(161.5 square feet) in area, unless otherwise permitted by the
Mississippi Valley Conservation Authority and any other authority
having jurisdiction;
15)
A dock shall not be constructed closer than 3 metres (9.8 feet) from
the nearest adjacent side lot line where the lot abuts another
property and shall not encroach on adjacent lot lines when the lot
boundaries are extended into the water;
16)
Despite the above, no dock shall be constructed which constitutes
a navigation or safety hazard; and
17)
The Mississippi Valley Conservation Authority shall be contacted
to determine if a permit is required.
No new development shall result in a further reduction in the minimum
waterbody setback requirement, compared to the existing structure.
3.39
SOURCE WATER PROTECTION
The Clean Water Act requires protection of an identified Water Intake from
significant threats. The Town of Carleton Place obtains its municipal water
from the Mississippi River. The Mississippi Rideau Source Protection Plan,
2014 outlines the areas of concern within the Town of Carleton Place that
require monitoring and protection. The water intake is protected by zones
identified on Schedule A to this By-law as Intake Protection Zones being
IPZ 10 and IPZ 9. Properties identified within the three (3) Intake Protection
Zones (IPZ) on Schedule A may be prohibited from certain uses or may
require that a Risk Management Plan is developed to outline how the property
owner will manage a significant threat to the drinking water.
3.39.1
IPZ 10, Prohibited Uses
The following uses are prohibited within the are as identified
IPZ 10 on Schedule A of this By-law:
1)
On-site sewage system;
2)
Stormwater Management Facility;
3)
Sewage Treatment Plant;
4)
Storage of Sewage;
5)
Licensed Fuel Storage Facility;
6)
Handling or Storage of Dense Non-Aqueous Phase
Liquids (DNAPL's) and Organic Solvents;
7)
Commercial Pesticide Storage;
8)
Storage and handling of commercial fertilizer for retail
sale of 2500 kg or more;
9)
Snow dump;
10) Road salt storage facility.
3.39.2
IPZ 9, Prohibited Uses
The following uses are prohibited within the areas identified
as IPZ 9 on Schedule A of this By-law:
1)
Commercial Pesticide Storage;
2)
Sewage Treatment Plant;
3)
Storage of Sewage;
4)
Snow dump;
5)
Road salt storage facility.
3.39.3
General Source Water Protection Provisions
Notwithstanding Section 3.45, the installation of a new
private septic system or leaching bed is not permitted within
a IPZ 10 zone and properties must be connected to the
municipal sewage system. Existing private septic systems
will subject to inspections at five-year intervals in
accordance with Ontario Building Code.
A Risk Management Plan is required for fuel storage in
excess of 2,500 litres in IPZ 10 for prohibited activities / land
uses that were already existing on January 1, 2015 when
the Source Protection Plan came into effect.
A Stormwater Facility constructed in an IPZ 9 zone is
required to be built to Enhanced Level Protection Standards
as described in the Stormwater Management Planning and
Design Manual, MOECC 2003.
3.40
SPECIAL SETBACKS
The minimum separation distance for any lands designated as Class I, II and
III Industrial shall be in accordance with the Ministry of the Environment
Guidelines D-6.
The minimum separation distance for any fire hydrant is 1.5m. This
includes hardened landscape features and driveways.
3.41
TEMPORARY USES
A Class 2 Development Permit will be required for any temporary use(s). Any
temporary use(s) must conform to the Official Plan of the Town of Carleton
Place.
Notwithstanding the above, tarpaulin structures shall conform to any
municipal by-law as may from time to time be enacted under the Municipal
Act.
3.42
USE BY A PUBLIC AUTHORITY UTILITY OR PUBLIC
The provisions of this By-law shall not apply to the use of any land or to the
erection or use of any utility installation for the purpose of public service by
the Town of Carleton Place, the County of Lanark and/or any public authority,
any department of Government of Ontario or Canada, including any Hydro
One Networks Inc. facilities pursuant to the Planning Act, or publicly licensed
authority provided that where such land, building or structure is located in or
abutting a zone in which residential uses of land are permitted;
1)
No goods, materials or equipment shall be stored in the open;
2)
Any building erected under the authority of this section shall not be
used for the purpose of an office;
3)
Any building or structure erected in a Residential designation under
the authority of this paragraph shall be designed and maintained in
general harmony with the residential buildings of the type permitted
in the designation.
3.43 VARIATIONS
Variations to this By-law may be permitted subject to a formal application to
the Town of Carleton Place. Approval of variations to By-law standards are
subject to the following procedures:
1)
Staff may vary the standards, provisions and requirements of this
By-law as per the specific criteria below and Section 2.16 of this
By-law and the Official Plan of the Town of Carleton Place;
2)
Council may vary the standards, provisions and requirements of
the Development Permit By-law up to 100% of the stated standards
subject to the criteria outlined below and provided that the proposal
is consistent with and complies with both the Official Plan of the
Town of Carleton Place and the Provincial Policy Statement of the
Province of Ontario and any other legislation as applicable.
3)
All development proposals will be evaluated on the basis of
Sections 13 and 14 to ensure appropriate built form design and
compatibility.
4)
The following regulatory standards, provisions and design
requirements and/or administrative provisions shall be evaluated
and adhered to before approval and issuance of a development
permit:
5)
Development will be restricted from areas of environmental
hazards and/or physical limitations, such as poor drainage, organic
soils, food susceptibility and erosion or steep slopes unless the
proposal is shown to mitigate the hazard and physical limitations.
6)
All development proposals will require demonstration of conformity
to the Official Plan of the Town of Carleton Place and the Provincial
Policy Statement, 2014. Supporting studies and reports may be
required to demonstrate same prior to the approval and issuance
of any development permit.
7)
All development proposals shall be evaluated with respect to
adverse impacts as defined herein. The applicant will be required
to demonstrate no adverse impact or provide for buffering to
mitigate the adverse impact prior to the approval and issuance of
any development permit.
8)
Development proposals shall be subject to all requirements of this
By-law.
9)
A Development Permit will be issued by staff when satisfied that all
criteria of this By-law have been met or as directed by Council.
Notwithstanding the foregoing, if the criteria of this By-law have not been met
the application may be denied. The applicant may appeal the decision to the
Local Planning Appeal Tribunal or make application to amend this By-law.
3.44
VEGETATION REMOVAL OR SITE ALTERATION
One of the goals of the Official Plan is to upgrade, maintain and rehabilitate
the physical environment and the environmental quality of the water, shoreline
and aquatic habitat through maintenance and improvements. As such, the
Town, by means of this By-law requires that all development be setback 30.0
metres (98.4 feet) from the Mississippi River, and 15m from wetlands and
other related waterways.
Notwithstanding the foregoing if the proposed development can demonstrate
no adverse impact to the watercourse by means of an Environmental Impact
Statement (EIS) and a Hydrological Study undertaken by a professional
qualified to perform the evaluation, the standards outlined above may be
varied as determined by the EIS. The EIS will consider the overall intent of
the minimum setback requirement, an assessment of the overall development
capacity, conveyance, and function of the waterbody; the sensitivity of the
waterbody; cumulative impacts; biophysical conditions such as soil depth,
slope angle, and vegetation cover; and natural hazards
Street trees and the preservation of tree canopies shall be protected to the
greatest extent possible. Accordingly, a Tree Preservation Plan is required in
support of development applications.
Tree planting and tree preservation will occur so that all areas of the Town
are provided with sufficient number of trees to maintain high standards of
amenity and appearance. Where new development will result in the loss of
existing wooded areas, a condition of development approval shall require that
the lost trees be replaced at a 1-3 ratio (1 new tree for every 3 trees
removed). The replacement ratio will only apply to trees having a caliber of
200mm or more. The new trees will be planted within the boundary of the
proposed development.
A Class 1 Development Permit is required where the type, location and scale
of a development requires the removal of trees having a calliper of 200mm or
more, in order to obtain relief from one or more of the standards of the by-law,
provided these trees are beyond 30m of the Mississippi River and unless a
Class 2 or 3 application is applied for.
No trees shall be removed within 30m of the Mississippi River unless it can
be proven to be a safety hazard.
Notwithstanding the foregoing an exception to allow for a portion of the
replacement trees to be planted on public lands can occur. This will require
review from the Urban Forest Committee and a Class 2 Development Permit.
No more than one-third (1/3) of the total replacement trees required can be
planted on lands other than the proposed development lands.
The caliper size and tree replacement species shall be a condition of
development approval. A Tree Preservation Plan may be required to identify
any Hackberry Trees. Hackberry Trees shall be protected to the greatest
extent possible. If removal is required a replacement ratio of 1-1 is a
requirement of this By-law.
3.45 WATER SUPPLY, SEWAGE DISPOSAL AND STORM WATER
SYSTEMS
Future development shall proceed on the basis of municipal water and sewers
and storm drainage except as otherwise indicated herein. Full municipal
services means piped sewage and water services that are connected to a
centralized water and waste water treatment facility. Calculations for the
uncommitted reserve capacity of water and sewer systems will be required,
where necessary, to determine the capacity of services to support new
development.
No person shall hereafter erect or use in whole or in part, any building or
structure for any residential, commercial or industrial purposes on any land
unless the use, building or structure is properly connected to an approved
water supply and sewage disposal system
Notwithstanding the foregoing, the Town may consider permitting alternative
servicing for specific properties subject to the approval and issuance of a
Class 3 Development Permit. This will only be considered in isolated cases
where full municipal services cannot be extended due to technical reasons.
Alternative servicing may include individual on-site systems or communal
services.
Where residential development on private services is proposed, it shall be on
lots which are sufficiently large to satisfy the Lanark, Leeds and Grenville
Health Unit requirements for septic systems.
In isolated cases where full municipal services cannot be extended due to
technical constraints and where development is proposed on private services
the applicant will be required to submit a hydrogeology study demonstrating
the sites suitability for private services as well as a Servicing Options Study
to the Town for review prior to any further consideration of the proposed
development. The study shall demonstrate conclusively that fully serviced
development is technically not feasible and in addition that proceeding on
private services will not result in unplanned extensions to municipal services.
In addition, the applicant will be required to submit any permits and/or
certificates required by any external agency prior to consideration of the
permit application.
4.0 MISSISSIPPI DISTRICT
The Mississippi District is composed of the Town's core area which developed with a
focus on the Mississippi River. It includes the Downtown District, the Transitional
District, the Mississippi Residential District and four properties known as Strategic
Properties. The Mississippi Residential District also includes Community Commercial
and Institutional uses which are subject to the provisions of Sections 7.0 and 9.0
respectively.
The purpose and intent of the provisions and regulations in Section 4.0 of this By-law
is to ensure that development and re-development will be undertaken in a manner
which respects the historical, traditional, and heritage characteristics of this part of
Carleton Place, which is valued by all residents as the heart of the Municipality. Prior
to submitting development and re-development proposals proponents shall ensure
that the Built Form Inventory and Design Criteria as expressed in Sections 13 and 14
have been consulted and properly integrated into submissions.
4.1 DOWNTOWN DISTRICT
The purpose and intent of the Downtown District designation is to provide a flexible
regulatory framework which will help ensure the preservation and enhancement of the
areas architectural and cultural character while providing for increased economic
activity in a mixed-use environment featuring pedestrian oriented commercial uses
and increased residential density.
4.1.1 Permitted Uses
Auction House
Outdoor Cafe
Auditorium
Parking Lot
Bank
Personal Service Business
Brew Pub
Pharmacy
Church
Public Market
Commercial Sports and
Recreation Establishment
Residential uses subject to
4.1.3, 4.1.4, 4.1.5 and 4.1.6.
Dry Cleaning or Laundry
Outlet
Restaurant
Hotel
Retail Store
Nightclub, Bar, Pub
Studio
Office
Theatre, Cinema
4.1.2 Development Standards
STANDARDS NON-
RESIDENTIAL USES
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage
Nil
Lot Frontage (minimum)
Nil
Front Yard (maximum)
0.0 metres and shall match the
median setback of the adjacent
blocks
Exterior Side Yard
(maximum)
0.0 metres and shall match the
median setback of the adjacent
blocks
Interior Side Yard
(minimum)
0.0 meters
Rear Yard Depth (minimum)
Nil
Usable Landscaped Open
Space in the rear yard
(minimum)
Nil
Building Height (maximum)
25.0 metres (82 feet)
Buildings over 3 storeys shall
be stepped back with each
successive storey at 45.0
degrees
No Encroachment Area from
front or exterior side lot line
Nil
Parking Spaces
As per Section 3 of this By-law
DOWNTOWN DISTRICT
4.1.3
Additional
Provisions
Development and redevelopment shall be subject to the existing site analysis
and design criteria of Sections 13 and 14.
4.1.4
Permitted Uses - Residential
The following residential uses are permitted subject to Sections 4.1.5 and
4.1.6
-
One or more Dwelling Unit(s) on the upper floor of existing non-
residential buildings with frontage on Bridge Street.
-
Medium to high density residential uses on lots which are located
in the Downtown District but which do not have frontage on Bridge
Street.
-
Residential dwellings (all types) existing as of the date of passing of
this By-law
-
Existing residential dwellings may be converted to higher density
housing types (for example converting a single dwelling to a duplex
dwelling)
4.1.5 Development Standards
1) Development standards for permitted residential uses shall be in
accordance with Section 6.
2) Where development is proposed which would result in a change to a
residential use permitted in Section 4.1.4 and
/ or where
development is proposed for a use permitted in 4.1.1, such
development shall be subject to a Development Permit agreement.
4.1.6 Additional Provisions - Residential Uses
1) Redevelopment, including vertical or horizontal expansions of existing
permitted residential types shall be subject to a Class 2 Development
Permit.
2) Where lots have frontage on Bridge Street the development or
redevelopment of land for exclusively residential purposes is not
permitted.
3) Where lots have frontage on Bridge Street the development of multi-
residential structure may be permitted provided street level floors are
restricted to non-residential permitted uses.
4) Where lots located in the Downtown District are proposed for
residential development or redevelopment and where such lots do not
have frontage on Bridge Street, street level non-residential uses are
not required.
5) All development and redevelopment shall be subject to the existing site
analysis and design criteria of Sections 14 and 15.
6) Each residential unit shall be required to provide 1.0 parking space.
7) No parking shall be permitted within the front or exterior side yard
setback requirements.
4.1.7 Discretionary Uses
-
School - Commercial
Notwithstanding Section 3.30.5, four (4) parking spaces are required
per classroom for a Private School in the Downtown District as per
Section 3.30.3.
4.1.7.1 Discretionary Use Provisions
All discretionary uses are required to submit a full drawing set. All
discretionary uses shall be subject to the Class 2 Development permit
approval stream.
4.2 MISSISSIPPI TRANSITIONAL SECTOR
The purpose and intent of the Mississippi Transitional Sector is to provide a flexible
regulatory framework which will facilitate the evolution of this area into a secondary
hub of commercial and residential activity which can provide a transition from the large
commercial land uses centered on Highways 7 and 15 to the Traditional Downtown
core.
4.2.1
Permitted Uses
Art Gallery
Parking Lot
Auditorium
Personal Service Business
Pharmacy
Bank
Pharmacy
Brew Pub
Propane Refilling Outlet
Church
Public Market
Clinical, Medical
Repair Service Shop
Commercial Sports and
Recreation Establishment
Retail Store
Dry Cleaning or Laundry
Outlet
Residential uses subject to
Section 4.2.3, 4.2.4 and 4.2.5
Funeral Establishment
Restaurant
Gas Bar
School, Commercial
Hotel
Studio
Institution
Theatre, Cinema
Laundry Service
Veterinarian Establishment
Office
4.2.2
Development Standards - Non-Residential Uses
STANDARDS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage
Nil
Lot Frontage (minimum)
Nil
Front Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard
(maximum)
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Interior Side Yard (minimum)
3.0 metres (9.8 feet), minimum
where lot abuts Residential Use
Rear Yard Depth (minimum)
Nil
Usable Landscaped Open
Space in the rear yard
(minimum)
Nil
Building Height (maximum)
22.0 metres (72 feet)
No Encroachment Area from
front or exterior side lot line
Nil
Parking Spaces
As per Section 3 of this By-law
4.2.3
Permitted Uses - Residential
-
One or more dwelling unit(s) on the upper floor of existing non-
residential buildings.
-
Medium to high density residential uses.
-
Residential dwellings (all types) existing as of the date of passing of
this By-law.
-
Existing residential dwellings may be converted to higher density
housing types (for example converting a single dwelling to a duplex
dwelling)
4.2.4
Discretionary Uses
-
Automobile Service Station
-
Outdoor Café
-
Warehouse Use accessory to any of the permitted uses
4.2.5
Development Standards - Residential
1) Development standards for permitted residential uses as per 4.2.1 and
4.2.3 shall be in accordance with Section 6.
2) Where development is proposed which would result in a change to a
residential use permitted in Sections 4.2.1 and / or where development is
proposed for a use permitted in 4.2.3, such development shall be subject
to the issuance of a Class 2 Development Permit.
4.2.6
Provisions - Residential Uses
1) Redevelopment, including vertical or horizontal expansions of existing
permitted residential types shall be subject to a Class 2 Development
Permit.
2) Redevelopment of an existing commercial building that results in low
density residential uses requires a Class 2 Development Permit.
3) All development and redevelopment shall be subject to the existing site
analysis and design criteria of sections 13 and 14.
4) Each residential unit shall be required to provide 1.0 parking space.
5) No parking shall be permitted within the front or exterior side yard setback
requirements.
4.2.6.1 Provisions
-
Discretionary Use
1) All discretionary uses are required to submit a full drawing set as
determined by the Director of Development Services or designate and
subject to a Class 2 Development permit approval stream.
4.3 MISSISSIPPI RESIDENTIAL SECTOR
The Mississippi District Residential Policy Area is an established older
residential area which is composed of a mix of neighborhoods characterized
by a range of housing types. The area, though dominated by single dwelling
units, includes semi-detached, duplex, row townhouses and small apartment
dwellings located on tree lined streets with several parks, schools, churches,
local commercial uses and municipal amenities. The range of dwellings varies
from modest single dwellings to stately heritage homes.
The purpose and intent of the following regulatory framework is to provide for
appropriate development and redevelopment while recognizing existing
neighborhood character and architectural styles.
4.3.1
Permitted Uses
Single Detached Dwelling
Existing Institutional Uses
Semi Detached Dwelling
Existing Commercial Uses
Parks
4.3.2 Discretionary Uses
Duplex Dwelling
Senior's Residential Dwelling
Townhouse Dwelling
Bed and Breakfast
Establishment
Triplex Dwelling
Retirement Home
Quadplex Dwelling
Office
Apartment Dwelling
Recreational Facility
Daycare Facilities - home-
based
Office, retail or personal
services permitted on
Victoria, Beckwith and Allan
Street
4.3.3
Development Standards
4.3.3.1 Single Detached Dwellings
STANDARDS
PROPOSED
Lot Area (minimum)
500m²
Lot Coverage (maximum)
50%
Lot Frontage (minimum)
18 metres (60 feet)
Front Yard (absolute)
The median setback of adjacent
properties
Exterior Side Yard (absolute)
The median setback of adjacent
properties
Interior Side Yard (minimum)
Combined interior yards of 4.5m minimum
with a minimum of 1.5 metres on one side
(5 feet)
Rear Yard Depth (minimum)
8 metres (26.3 feet)
Usable Landscaped Open Space in
the Rear Yard (minimum)
144 square metres (1550 square feet)
Building Height (maximum)
8.5 metres (28 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square feet)
No Encroachment Area from Front or
Exterior Side Lot Line
2.5 metres (8.2 feet)
Additional Provisions:
1.
The width of the garage and driveway shall not exceed 30% of the overall lot
frontage. The main garage foundation shall be set back a minimum of 6.0
metres (19.6 feet) from the front or exterior side lot line.
2.
Should the dwelling exceed two storeys in height, all subsequent storeys shall
be reduced to 50% of the gross floor area of the floor below and located wholly
within the gable or dormers of the roof.
4.3.3.2 Semi Detached Dwellings
STANDARDS
REQUIREMENTS
Lot Area (minimum)
250m²
Lot Coverage (maximum)
50%
Lot Frontage (minimum)
9 metres (29.5 feet)
Front Yard (absolute)
The median setback of adjacent
properties
Exterior Side Yard (absolute)
The median setback of adjacent
properties
Interior Side Yard (minimum)
3m (9 feet)
No side yard shall be required along
the common wall
Rear Yard Depth (minimum)
8 metres (26.3 feet)
Usable Landscaped Open Space in
the Rear Yard (minimum)
72 square metres (830 square feet)
Building Height (maximum)
8.5 metres (28 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square
feet)
No Encroachment Area from Front
or Exterior Side Lot Line
2.5 metres (8.2 feet)
Additional Provisions:
1.
The width of the garage and driveway shall not exceed 40% of the overall lot
frontage. When considering the width of the garage calculation for semi-
detached dwellings the overall percentage of coverage of any one block can
be utilized. For the purposes of this calculation the overall garage width
calculation can always be considered for the original block and will survive
the severance process. The main garage foundation shall be set back a
minimum of 6.0 metres (19.6 feet) from the front or exterior side lot line.
2.
Should the dwelling exceed two storeys in height, all subsequent storeys
shall be reduced to 50% of the gross floor area of the floor below and
located wholly within the gable or dormers of the roof.
3.
The driveway must not extend further than the exterior wall of the garage.
4.
50% of the total frontage for semi-detached units must have soft/green
landscape elements.
1.3.1.1 Duplex Dwellings
STANDARDS
REQUIREMENTS
Lot Area (minimum)
500m²
Lot Coverage (maximum)
50%
Lot Frontage (minimum)
18 metres (60 feet)
Front Yard (absolute)
The median setback of adjacent
properties
Exterior Side Yard (absolute)
The median setback of adjacent
properties
Interior Side Yard (minimum)
Combined interior yards of 4.5m
minimum with a minimum of 1.5
metres on one side (5 feet)
Rear Yard Depth (minimum)
8.0 metres (26.2 feet)
Usable Landscaped Open Space in
the Rear Yard (minimum)
144 square metres (1550 square feet)
Building Height (maximum)
8.5 metres (28 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square
feet)
No Encroachment Area from Front
or Exterior Side Lot Line
2.5 metres (8.2 feet)
Additional Provisions:
1.
The width of the garage and driveway for duplex dwellings shall not exceed
30% of the overall lot frontage. The main garage foundation shall be set
back a minimum of 6.0 metres (19.6 feet) from the front or exterior side lot
line.
2.
Should the dwelling exceed two storeys in height, all subsequent storeys
shall be reduced to 50% of the gross floor area of the floor below and
located wholly within the gable or dormers of the roof.
1.3.1.2 Townhouse Dwellings
STANDARDS
REQUIREMENTS
Lot Area (minimum)
160m²
Lot Coverage (maximum)
50%
Lot Frontage (minimum)
6 metres (20 feet)
Front Yard (absolute)
The median setback of adjacent
properties
Exterior Side Yard (absolute)
The median setback of adjacent
properties
Interior Side Yard (minimum)
3m (9 feet) No side yard shall
be required along the
common wall
Rear Yard Depth (minimum)
8 metres (26.3 feet)
Usable Landscaped Open Space in
the Rear Yard (minimum)
48.0 square metres (516.7 square
feet)
Building Height (maximum)
8.5 metres (28 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square
feet)
No Encroachment Area from Front
or Exterior Side Lot Line
2.5 metres (8.2 feet)
Additional Provisions:
1.
The width of the garage and driveway shall not exceed 50% of the overall lot
frontage. The main garage foundation shall be set back a minimum of 6.0
metres (19.6 feet) from the front or exterior side lot line.
2.
Should the dwelling exceed two storeys in height, all subsequent storeys
shall be reduced to 50% of the gross floor area of the floor below and
located wholly within the gable or dormers of the roof.
3.
Notwithstanding the definition of "Dwelling - Townhouse" of the By-law, a
"Townhouse" in the Mississippi Residential district shall be defined as
follows:
"Means a building that is divided vertically into three or more dwelling units,
but not more than 4, attached by common walls extending from the base of
the foundation to the roof life, each dwelling unit having a separate
entrance."
4.
All multi-unit residential dwellings shall be subject to a Class 3 Development
Permit.
5.
Each primary dwelling unit shall have a front facing entrance.
1.3.1.3 Tri-plex and Quad-plex Dwellings
STANDARDS
REQUIREMENTS
Lot Area (minimum)
600m²
Lot Coverage (maximum)
50%
Lot Frontage (minimum)
24 metres (79 feet)
Front Yard (absolute)
The median setback of adjacent
properties
Exterior Side Yard (absolute)
The median setback of adjacent
properties
Interior Side Yard (minimum)
Combined interior yards of 4.5m
minimum with a minimum of 1.5
metres on one side (5 feet)
Rear Yard Depth (minimum)
8.0 metres (26.2 feet)
Usable Landscaped Open Space in
the Rear Yard (minimum)
192 square metres (2000 square feet)
Building Height (maximum)
8.5 metres (28 feet)
No Encroachment Area from Front
or Exterior Side Lot Line
2.5 metres (8.2 feet)
Additional Provisions:
1.
No parking shall be allowed in either the front or exterior side yards.
2.
All multi-unit residential dwellings shall be subject to a Class 3 Development
Permit.
3.
Should the dwelling exceed two storeys in height, all subsequent storeys
shall be reduced to 50% of the gross floor area of the floor below and
located wholly within the gable or dormers of the roof.
4.
Pedestrian walks shall be not less than 1.2 metres (4.0 feet) in width and
shall be provided wherever normal pedestrian traffic will occur.
5.
Garbage and refuse pickup and other utility areas shall be provided and
shall be located so as not to detract from the aesthetic character of the
development and shall be enclosed and shielded from view by fencing, walls
or shrubbery of at least 1.5 metres (5.0 feet) in height around the perimeter.
6.
Approaches to multi-unit dwelling structures and entrance areas shall be
landscaped with trees and attractive shrubs. Areas not used for buildings,
drives and parking spaces shall be seeded or landscaped and shall be kept
in an attractive condition.
The dwelling house shall have a single, central door on the front façade of the
dwelling. Additional entrances may be permitted on the rear façade wall.
1.3.1.4 Apartment Dwellings
STANDARDS
REQUIREMENTS
Lot Area (minimum)
600m²
Lot Coverage (maximum)
50%
Lot Frontage (minimum)
24 metres (79 feet)
Front Yard Build Within Area
(absolute)
The median setback of adjacent
properties
Exterior Side Yard Build Within
Area (absolute)
The median setback of adjacent
properties
Interior Side Yard (minimum)
Combined interior yards of 4.5m
minimum with a minimum of 1.5
metres on one side (5 feet)
Rear Yard Depth (minimum)
8.0 metres (26.2 feet)
Usable Landscaped Open Space
in the Rear Yard (minimum)
192 square metres (2000 square feet)
Building Height (maximum)
8.5 metres (28 feet)
No Encroachment Area from Front
or Exterior Side Lot Line
2.5 metres (8.2 feet)
Additional Provisions:
1.
All proposals for Apartment Dwellings and Seniors' Residential
Dwellings shall be subject to a Class 3 Development Permit.
2.
Should the dwelling exceed two storeys in height, all subsequent
storeys shall be reduced to 50% of the gross floor area of the floor
below and located wholly within the gable or dormers of the roof.
3.
All development shall be serviced by a public water supply and a public
sanitary sewage system. Development applications which propose
development on private water and sewage systems shall not be
approved.
4.
Visitor parking spaces shall be delineated through signage.
5.
A maximum of 40% of the lot area may be used for at grade parking.
6.
All residential buildings containing more than four (4.0) dwelling units
shall be required to be located on an arterial or collector roadway.
Notwithstanding the foregoing, a residential building containing more
than four (4.0) dwelling units may be permitted to be located on a local
roadway but shall be required to gain approval from Council of a Class
3 Development Permit.
7.
Off street parking areas shall not open directly on to a public street,
but shall be provided with access drives or other controlled access.
Access drives shall not serve as part of a specified parking area and
shall be kept clear of parked vehicles.
8.
Pedestrian walks shall be not less than 1.2 metres (4.0 feet) in width
and shall be provided wherever normal pedestrian traffic will occur.
9.
Garbage and refuse pickup and other multi-unit utility areas shall be
provided and shall be located so as not to detract from the aesthetic
character of the development and shall be enclosed and shielded from
view by fencing, walls or shrubbery of at least 1.5 metres (5.0 feet) in
height around the perimeter.
10. All telephone and electric service utilities shall be underground in all
multi-unit developments.
11. All developments shall be provided with a liberal and functional
landscaping scheme. Interior roads, parking areas and pedestrian
walks shall be provided with shade trees which are of an appropriate
size and character. Open space adjacent to buildings and malls
between buildings that are to be utilized by residents and border strips
along the sides of pedestrian walks shall be graded and seeded.
12. Approaches to multi-unit dwelling structures and entrance areas shall
be landscaped with trees and attractive shrubs. Areas not used for
buildings, drives and parking spaces shall be seeded or landscaped
and shall be kept in an attractive condition.
13. Interior development roads, parking areas, dwelling entranceways and
pedestrian walks shall be provided with sufficient illumination to
minimize hazards to pedestrians and vehicles utilizing the same and
shall, where necessary, be shielded to avoid distributing glares to
occupants of buildings. Lighting shall be so arranged as to reflect away
from adjoining properties.
1.3.2
Discretionary Use Provisions
1 Bed and Breakfast Establishments may be permitted subject to the following
provisions:
a) All proposals are subject to a Class IA Development Permit approval
stream;
b) A full drawing set shall be required to be submitted for review and
consideration prior to approval;
c) The residential character of the neighbourhood shall be maintained.
d) Adequate parking shall be provided as per Section 3.
e) The proposed development shall meet the regulatory, design and / or
administrative requirements of the designation.
2 Retirement Homes are permitted subject to the development standards
outlined in section 4.3.3.6 and the design requirements of Sections 13 and
14.
3 Home-Based Daycare Facilities shall be subject to a Class II Development
Permit and shall be required to meet the development standards of the
primary use outlined in Section 4.3.3 and the design requirements of
Sections 13 and 14.
4.4 HIGH STREET RESIDENTIAL SECTOR
The High Street Residential Sector is an established older residential area which is
composed primarily of single-family dwelling units some of which date back to the
1900s.
The purpose and intent of the following regulatory framework is to provide for
appropriate
development
and
redevelopment
while
recognizing
existing
neighbourhood character and architectural styles. Prior to submitting development
and re-development proposals, proponents shall ensure that the Built Form Inventory
and Design Criteria as expressed in Sections 13 and 14 has been consulted and
properly integrated into submissions.
4.4.1 Permitted
Uses
Single Detached Dwelling
Duplex Dwelling
Semi Detached Dwelling
4.4.2 Discretionary
Uses
Bed and Breakfast Establishment
Converted Dwellings
4.4.3 Development Standards - Single Detached Dwelling
STANDARDS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Front Yard Build Within Area
18.2 metres (60 feet)
Exterior Side Yard Build Within
Area
Match the median setback of
adjacent properties
Interior Side Yard (minimum)
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
8.0 metres (26.2 feet)
Usable Landscaped Open Space
50.0 square metres (538 square
feet)
Building Height (maximum)
11.0 metres (36 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square
feet)
No Encroachment Area from
front or exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
2 spaces per dwelling unit, one of
which may be provided within the
garage
4.4.4
Development Standards - Semi-Detached Dwelling
STANDARDS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
9 metres (29.5 feet)
Front Yard Build Within Area
Match the median setback of
adjacent properties
Exterior Side Yard Build Within
Area
Match the median setback of
adjacent properties
Interior Side Yard (minimum)
1.2 metres (3.9 feet)
No side yard shall be required along
the common property line or
common wall
Rear Yard Depth (minimum)
8.0 metres (26.2 feet)
Usable Landscaped Open Space
in the rear yard (minimum)
40.0 square metres (430 square
feet)
Building Height (maximum)
11.0 metres (36 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square
feet)
No Encroachment Area from front
or exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
2 spaces per dwelling unit, one of
which may be provided within the
garage
4.4.5 Development Standards, Duplex
STANDARDS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
9 metres (29.5 feet)
Front Yard Build Within Area
Match the median setback of adjacent
properties
Exterior Side Yard Build
Within Area
Match the median setback of adjacent
properties
Interior Side Yard (minimum)
1.2 metres (3.9 feet)
No side yard shall be required along the
common property line or common wall
Rear Yard Depth (minimum)
8.0 metres (26.2 feet)
Usable Landscaped Open
Space in the rear yard
(minimum)
40.0 square metres (430 square feet)
Building Height (maximum)
11.0 metres (36 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square feet)
No Encroachment Area from
front or exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
2 spaces per dwelling unit, one of which
may be provided within the garage
4.4.6 Additional Provisions - Permitted Residential Uses
1)
The width of the garage for both single detached dwellings and semi-
detached dwellings shall not exceed 45% of the overall lot frontage. The
width of the garage for duplex dwellings shall not exceed 60% of the
overall lot frontage.
2)
The main garage foundation shall be set back a minimum of 6.0 metres
(19.6 feet) from the front or exterior side lot line and shall be even or
setback from the front of the dwelling.
3)
The driveway must not extend further than the exterior wall of the garage
and shall be constructed as defined in Section 3.30.
4)
At least fifty percent (50%) of the total lot frontage must have soft/green
landscape elements such as grass, trees and shrubbery.
5)
All new development proposals must demonstrate consistency and
compatibility with the Built Form Inventory and Community Design
Framework in Sections 13 and 14.
4.4.6.1 Additional Provisions - Bed and Breakfast Establishments
Bed and Breakfast establishments may be permitted subject to the following
provisions:
1)
All proposals are subject to Class 2 Development Permit approval.
2)
A full drawing set will be required to be submitted for review and
consideration prior to approval.
3)
Residential character of the neighbourhood will be maintained.
4)
Adequate parking, as per Section 3.30, shall be provided and screened
year-round.
5)
Proposed development must meet the provisions, requirements and
standards of the single-family designation.
4.4.7
Development Standards - Converted Dwelling
STANDARDS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
15 metres (49.2 feet)
Front Yard Build Within Area
Match the median setback of adjacent
properties
Exterior Side Yard Build Within
Area
Match the median setback of adjacent
properties
Interior Side Yard (minimum)
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
9.0 metres (29.5 feet)
Usable Landscaped Open
Space in the rear yard
(minimum)
40.0 square metres (322 square feet)
Building Height (maximum)
11.0 metres (36 feet)
Minimum Dwelling Unit Area
83.1 square metres (900 square feet)
No Encroachment Area from
front or exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
1.5 spaces per dwelling unit, one of
which may be provided within the
garage
4.4.7.1 Additional Provisions - Converted Dwelling
1) All multi-unit dwellings are required to provide 0.25 visitor parking
spaces per dwelling unit.
2) No parking shall be allowed in either the required front or exterior side
yards.
3) All parking areas must be screened year-round.
4) A maximum of 40% of the lot area may be used for at grade parking. Any
proposed converted dwelling shall require a Class 2 Development
5) Permit process and must submit a Design Brief that demonstrates
consistency with surrounding built forms. Impact on adjacent properties
will be evaluated in order to maintain existing neighbourhood character.
4.5 STRATEGIC PROPERTY
There are four identified strategic properties which present opportunities for new
residential and mixed use residential and commercial development which can
complement and support the Downtown District and help provide linkages between
the downtown core and the newer commercial and residential districts. The purpose
and intent of the following regulations, which apply to each individual property, is to
facilitate their renewal and adaptive re-use.
4.5.1 Permitted Uses
Art Gallery
Person Service Business
Brew Pub
Public Square
Commercial Sports and
Recreation Centre
Retail Store
Dry Cleaning or Laundry
Medium to high density
residential uses
Hotel
Restaurant
Office
Studio
4.5.2 Permitted Uses - Additional Provisions DRS Site, 115 Emily
Street
Notwithstanding the above permitted uses, on the property identified as 115
Emily Street, permitted uses shall be restricted to medium to high density
residential uses. Non-residential uses listed in Section 4.5.1 are permitted
where medium to high density residential uses exist. A maximum of 30% of
the developed footprint may be used for the non-residential uses. As of the
date of passing of this By-law, existing buildings that have legal
non-complying setbacks are permitted.
4.5.3 Permitted Uses - Additional Provisions Woolgrowers Site, 142
Franktown Road
Notwithstanding the above permitted uses the current agricultural related
uses will be permitted and redevelopment of the existing buildings shall be
restricted to retail commercial uses. Nothing in this Bylaw is intended to
restrict the expansion of the existing use.
4.5.4 Permitted Uses - Additional Provisions McArthur Island, 150 Mill
Street
In addition to the permitted uses listed in Section 4.5.1 a Retirement Home
and Long-Term Care Facility is also permitted.
A maximum of 30% developed net floor space shall be for non-residential
uses.
[Bylaw 101-2020] Notwithstanding the permitted uses identified in Section
4.5.1 on the vacant portion of the lands known as "McArthur Island" a holding
provision (h) shall apply until such time that the following conditions have been
satisfied:
1) Submission of a Composite Utility Plan
2) Submission of an Environmental Compliance Approval by the Ministry
of Environment;
3) Submission of detailed designs for all pedestrian bridges and pathway
crossings of the Mississippi River;
4) Provision of Colour Building Elevations;
5) Provision of Updated Landscape Plans;
6) Provision of a Record of Site Condition;
7) Provision of an updated Traffic Study considering the need to widen
the Mill Street Bridge;
8) The execution of an Amending Agreement for the property known as
150 Mill Road including but not limited to:
9) Financial Conditions;
a. Insurance Certificates;
b. Performance Bonds;
c. Updated Schedules
4.5.5
Permitted Uses - Additional Provisions Findlay Foundry, 28
High Street
A maximum of 30% developed net floor space shall be for non-residential
uses.
4.5.6 Permitted Uses - Additional Provisions Braydon Mill,150
Rosamond Street
A maximum of 30% developed net floor space shall be for non-residential
uses.
4.5.6
Development Standards
DEVELOPMENT STANDARDS
NON-RESIDENTIAL USES
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage
Nil
Lot Frontage (minimum)
Nil
Front Yard (maximum)
Nil
Exterior Side Yard (maximum)
0.0 meters
Interior Side Yard (minimum)
0.0 meters
3.0 metres (9.8 feet) where lot
abuts Residential Use
Rear Yard Depth (minimum)
Nil
Usable Landscaped Open Space
(minimum)
20%
Building Height (maximum)
23.7 metres (78 feet)
Buildings over 3 storeys shall be
stepped back with each
successive storey at 45.0
degrees
Parking Spaces
As per Section 3 of this By-law
4.5.7
Additional Provisions
1) Medium to high density residential uses shall only be permitted in a mixed-
use setting.
2) All development and redevelopment shall be subject to the existing site
analysis and design criteria of Sections 13 and 14.
3) Each residential unit shall be required to provide 1.5 parking spaces. Non-
residential parking shall be in accordance with the provisions in Section
3.30.
5.0 EMPLOYMENT DISTRICT
The following designations apply to the Employment lands within the Town of
Carleton Place and have been divided into three separate employment areas, each
with its own specific character: Health Campus, Business Campus and Industrial
Campus.
The purpose and intent of the Employment District is to facilitate appropriate
development and re-development which will result in an expanded employment
base for the Town of Carleton Place through three land use areas having separate
and distinct long-term objectives.
5.1 HEALTH CAMPUS
The Health Campus is located adjacent a block of land reserved for a future new
regional hospital. The purpose and intent of the designation is to provide for uses
which will serve and complement health related land uses and activities.
5.1.1
Permitted Uses
Accessory, Retail
Laboratory
Auditorium
Longterm Care Facility
Catering Establishment
Medical Clinic
Commercial Sports and
Recreation Centre
Medical Equipment and
Supply Outlet
Community Health Service
Office
Custom Workshop, Health
Related
Parking Facilities
Funeral Establishment
Restaurant
Hotel
School, Commercial
Hospital
Uniform Supply
Hospice
Veterinary Establishment
5.1.2
Discretionary Uses
Daycare Facilities
Laundry Service
Dry Cleaning or Laundry
Outlet
Personal Service Business
5.1.3
Development Standards
STANDARDS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
70%
Lot Frontage (minimum)
Nil
Front Yard (minimum)
6.0 metres (19.6 feet)
Exterior Side Yard (minimum)
6.0 metres (19.6 feet)
Interior Side Yard (minimum)
3.5 metres (11.4 feet)
Rear Yard Depth (minimum)
8 metres (26.2 feet)
Landscaped Open Space
(minimum)
10%
Building Height (maximum)
24 metres (78 feet)
Parking Spaces
As per Section 3 of this By-law
5.1.4
Additional Provisions
A minimum 1.5m landscape open area is to be provided around all parking
areas. All development shall be subject to the design criteria in Section 13
and 14
5.2 BUSINESS CAMPUS
There are two areas designated as Business Campus. The purpose and intent of the
designation is to provide for traditional business park development which will
accommodate non-industrial employment uses.
5.2.1 Permitted Uses
Accessory Retail
Communication Facility
Auction House
Custom Workshop
Auditorium
Factory Outlet
Automotive Repair Garage
Funeral Establishment
Automotive Body Shop
Hotel
Catering Establishment
Industrial Use - Class I Light
Commercial Sports and
Recreational
Establishment
Office
Community Health Service
Sample Showroom School,
Commercial Veterinary
Establishment
5.2.2
Discretionary Uses
Daycare Facilities
Parking Lot
Distribution Centre
Restaurant
Gas Bar
Wholesale Establishment
5.2.3
Development Standards
STANDARDS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
70%
Lot Frontage (minimum)
Nil
Front Yard (minimum)
6.0 metres (19.6 feet)
Exterior Side Yard (minimum)
6.0 metres (19.6 feet)
Interior Side Yard (minimum)
3.5 metres (11.4 feet)
Rear Yard Depth (minimum)
8 metres (26.2 feet)
Landscaped Open Space
(minimum)
10%
Building Height (maximum)
24 metres (78 feet)
Parking Spaces
As per Section 3 of this By-law
5.2.4
Additional Provisions
All development is subject to the design provisions of Section 13 and 14.
5.3 INDUSTRIAL CAMPUS
There are two areas designated as Industrial Campus. One is located on the northeast
side of the limit of the Town and is known as the North Industrial Park and the other
is located on the southwest corner of Highway 7 & 15. The purpose and intent of the
designation is to provide for traditional industrial employment uses which should
generally be set back from more sensitive land uses.
The minimum separation distance for any lands designated as Class 1, 2 and 3
Industrial shall be in accordance with the Ministry of the Environment Guidelines D-6.
5.3.1
Permitted Uses
Auditorium
Gas Bar
Automotive Body Shop
Industrial Class I, II, III
Automotive Repair Garage
Laboratory
Automotive Service Station
Manufacturing
Automotive Washing Establishment Municipal Garage
Building Contractor's Shop
Printing and Publishing
Establishment
Bulk and/or Commercial Storage
Propane and/or Natural Gas Transfer
Handling Facility
Commercial Greenhouse
Propane Refilling Outlet
Communications Facility
Recreational Vehicle Sales and
Storage
Commercial Sports and Recreation
Establishment
Service and Repair Establishment
Custom Workshop
Sawmill or Planning Mill
Distribution Centre
Transportation Depot
Dry Cleaning or Laundry Plant
Warehouse
Fuel Depot
Workshop
5.3.2
Discretionary Uses
Accessory Residential
Parking Lot
Accessory Retail
School Commercial
Automotive Sales
Restaurant
Gate House
Parking Lot
INDUSTRIAL CAMPUS
5.3.3
Development Standards
STANDARDS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
70%
Lot Frontage (minimum)
Nil
Front Yard (minimum)
6.0 metres (19.6 feet)
Exterior Side Yard (minimum)
6.0 metres (19.6 feet)
Interior Side Yard (minimum)
3.5 metres (11.4 feet)
Rear Yard Depth (minimum)
8 metres (26.2 feet)
Landscaped Open Space
(minimum)
10%
Building Height (maximum)
24 metres (78 feet)
Parking Spaces
As per Section 3 of this By-law
5.3.4
Additional Provisions - Discretionary Uses
1. All proposals are subject to a Class 2 Development Permit approval.
2. A full drawing set will be required to be submitted for review and
consideration prior to approval.
3. Accessory Residential uses for the specific use of a site caretaker
may be permitted subject to the following provisions:
i.
The health and safety of
the
resident
would
not
be
compromised by means of development approval,
ii.
A Gatehouse is required as a security measure on site,
4. Where a Gatehouse is required for access control and security, the
development standards of Section 5.3.3 shall not apply.
5. Where a restaurant is approved as a discretionary use the following
development standards shall apply:
i.
Maximum Lot Coverage: 40%
ii.
Minimum Landscaped Open Space: 25%
iii.
Maximum Building Height: 11 m
iv.
All other development standards in Section 5.3.3 shall apply.
6. All development is subject to the design provisions of design criteria
of Section 13 and 14 of this by-law.
6.0 RESIDENTIAL DISTRICT
The Residential District designation applies to existing residential areas within the
Town's boundaries. It applies to a number of different types of housing, from low
density single dwellings to row dwellings to apartment buildings. All of the different
housing types are permitted within the Primary Residential designation subject to the
following standards and subject to the standards illustrated in the Existing Site
Analysis and the Design Criteria described and illustrated in Sections 13 and 14.
The purpose and intent of the Residential District is to promote compatible residential
development within neighbourhoods. Infill development must consider existing built
forms and fit into the surrounding landscape with minimal impact.
RESIDENTIAL DISTRICT
6.1
PERMITTED USES
The following uses shall be permitted subject to all of the applicable provisions
of this By-law including consistency with existing area development and the
ability to meet design criteria as provided in Sections 13 and 14.
Apartments Dwelling
Quadraplex Dwelling
Single Detached Dwelling
Triplex Dwelling
Semi-Detached Dwelling
Townhouse Dwelling
Duplex Dwelling
Senior's Residential Dwelling
Daycare Facilities
6.2
DISCRETIONARY USES
Bed and Breakfast Establishment
Retirement Home
6.3
DEVELOPMENT STANDARDS
6.3.1
Development Standards - Single Detached Dwelling
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
10.6 metres (35 feet)
Front Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard Build Within
Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Interior Side Yard (minimum)
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.5 metres (24.5 feet)
Usable Landscaped Open Space
in the rear yard (minimum)
50.0 square metres (538 square
feet)
Building Height (maximum)
11.0 metres (36 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square
feet)
No Encroachment Area from front
or exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
2 spaces per dwelling unit, one of
which may be provided within the
garage
RESIDENTIAL DISTRICT
Illustration of Site Provisions
RESIDENTIAL DISTRICT
6.3.2
Additional Provisions - Single Detached Dwelling
1.
The interior width of the garage for single detached dwellings shall
not exceed 50% of the overall lot frontage.
2.
The main garage foundation shall be set back a minimum of 6.0
metres (19.6 feet) from the front or exterior side lot line.
3.
The driveway must not extend further than the exterior wall of the
garage and shall be constructed as per Section 3.30.
4.
At least fifty percent (50%) of the total lot frontage must have
soft/green landscape elements such as grass, trees and shrubbery.
6.3.3
Development Standards - Semi-Detached
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
7.5 metres (29.5 feet), per unit
Front Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard Build Within
Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.5 metres (24.6 feet)
Usable Landscaped Open Space
in the rear yard (minimum)
40.0 square metres (430 square
feet)
Building Height (maximum)
11.0 metres (36 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000
square feet)
No Encroachment Area from
front or exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
2 spaces per dwelling unit, one
of which may be provided within
the garage
RESIDENTIAL DISTRICT
Illustration of Site Provisions
6.3.4 Additional Provisions - Semi-Detached Dwelling
1.
The interior width of the garage for semi-detached dwellings shall not
exceed 50% of the overall lot frontage.
2.
The main garage foundation shall be set
back a minimum of 6.0
metres (19.6 feet) from the front or exterior side lot line.
3.
The driveway must not extend further than the exterior wall of the
garage and shall be constructed as per Section 3.30.
4.
At least fifty percent (50%) of the total lot frontage must have
soft/green landscape elements such as grass, trees and shrubbery.
RESIDENTIAL DISTRICT
6.3.5
Development Standards - Duplex Dwelling
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
15 metres (49.2 feet), per unit
Front Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard Build Within
Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Interior Side Yard (minimum)
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.5 metres (24.6 feet)
Usable Landscaped Open
Space in the rear yard
(minimum)
30.0 square metres (322 square feet) per
dwelling unit
Building Height (maximum)
11.0 metres (36 feet)
Minimum Dwelling Unit Area
92.9 square metres (1,000 square feet)
No Encroachment Area from
front or exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
2 spaces per dwelling unit, one of which
may be provided within the garage
6.3.6
Additional Provisions - Duplex Dwelling
1. The interior width of the garage shall not exceed 45% of the overall lot
frontage.
2. The main garage foundation shall be set back a minimum of 6.0
metres (19.6 feet) from the front or exterior side lot line.
3. The driveway must not extend further than the exterior wall of the
garage and shall be constructed as per Section 3.30.
4. At least fifty percent (50%) of the total lot frontage must have
soft/green landscape elements such as grass, trees and shrubbery.
RESIDENTIAL DISTRICT
6.3.7 Development Standards - Townhome Dwellings
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
5.5 metres (18.04 feet), per unit
Front Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard Build Within
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Interior Side Yard (minimum)
No side yard shall be required along
the common property line or
common wall
1.5 metres (4.9 feet)
Rear Yard Depth (minimum)
6.5 metres (21.3 feet)
Usable Landscaped Open Space in
the rear yard (minimum)
30.0 square metres (538 square
feet)
Building Height (maximum)
11.0 metres (36 feet)
Minimum Dwelling Unit Area
83.1 square metres (900 square
feet)
No Encroachment Area from front or
exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
2 spaces per dwelling unit, one of
which may be provided within the
garage
6.3.8 Additional Provisions - Townhome Dwellings
1. The interior width of the garage shall not exceed 70% of the overall
lot frontage.
2. The main garage foundation shall be set back a minimum of 6.0
metres (19.6 feet) from the front or exterior side lot line and shall
be even with or set back from the front of the dwelling.
3. The driveway must not extend further than the exterior wall of the
garage and shall be constructed as per Section 3.30.
4. At least twenty-five (25%) of the total front yard of all townhouse
units must have soft/green landscape elements such as trees and
shrubbery.
RESIDENTIAL DISTRICT
Illustration of Site Provisions
RESIDENTIAL DISTRICT
6.3.9 Development Standards - Apartment Dwellings
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage
(maximum)
60%
Lot Frontage (minimum)
35 metres (114 feet)
Front Yard Build Within
Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard Build
Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Interior Side Yard
(minimum)
3.0 metres (6.5 feet)
Rear Yard Depth
(minimum)
7.5 metres (24.6 feet)
Usable Landscaped
Open Space in the rear
yard (minimum)
20% of the lot area
Building Height
(maximum)
14.0 metres (45.9 feet) or four storeys
No Encroachment Area
from front or exterior
side lot line
2.5 metres (8.2 feet)
Parking Spaces
1.25 spaces per dwelling unit,
6.3.10 Additional Provisions - Apartment Dwellings
All development shall be serviced by a public water supply and a public
sanitary sewage system. Development applications which propose
development on private water and sewage systems will not be approved.
All development requires coloured elevation drawings and an Urban Design
brief as per provisions outlined in Section 3.15
1.
In addition to the parking requirements of Section 3, an additional
0.25 parking space per dwelling unit shall be required, such spaces
to be delineated through signage.
2.
A maximum of 40% of the lot area may be used for at grade parking.
3.
All residential buildings containing more than seven (7.0) dwelling
units shall be required to be located on an arterial or collector
roadway.
4.
Off street parking areas shall not open directly on to a public street
but shall be provided with access drives or other controlled access.
Access drives shall not serve as part of a specified parking area
and shall be kept clear of parked vehicles.
5.
All surfaces, other than green space, must be asphalt or other hard
surfaced materials as per Section 3.30
6.
Pedestrian walks shall be not less than 1.2 metres (4.0 feet) in width
and shall be provided wherever normal pedestrian traffic will occur.
7.
Garbage and refuse pickup and other multi-unit utility areas shall be
provided and shall be located so as not to detract from the aesthetic
character of the development and shall be enclosed and shielded
from view by fencing, walls or shrubbery of at least 1.5 metres (5.0
feet) in height around the perimeter.
8.
All telephone and electric service utilities shall be underground in all
multi- family developments.
9.
All developments shall be provided with a liberal and functional
landscaping scheme. Interior roads, parking areas and pedestrian
walks shall be provided with shade trees which are of an appropriate
size and character. Open space adjacent to buildings and malls
between buildings that are to be utilized by residents and border
strips along the sides of pedestrian walks shall be graded and
seeded.
10. Approaches to multi-family dwelling structures and entrance areas
shall be provided with trees and attractively shrubbed. Areas not
used for buildings, drives and parking space shall be seeded or
landscaped and shall be kept in an attractive condition.
11. Interior development roads, parking areas, dwelling entranceways
and pedestrian walks shall be provided with sufficient illumination to
minimize hazards to pedestrians and vehicles utilizing the same and
shall, where necessary, be shielded to avoid distributing glares to
occupants of buildings. Lighting shall be so arranged as to reflect
away from adjoining properties.
RESIDENTIAL DISTRICT
6.3.11 Development Standards - Triplex and Quadplex
6.3.12 Additional Provisions - Triplex and Quadraplex
1. Notwithstanding Section 3.30.3, a minimum of 1 visitor parking
space shall be required in addition to the spaces required for the
individual dwelling units.
2. No parking shall be allowed in either the required front or exterior
side yards. Parking areas shall be asphalt or hard surfaced as per
Section 3.30.
3. All development proposals shall be subject to a Class 2
Development Permit.
4. Pedestrian walks shall not be less than 1.2m (4.0 feet) in width and
shall be provided wherever normal pedestrian traffic will occur.
Walkways shall be constructed with hard surfacing materials.
5. Garbage and refuse pickup and other utility areas shall be provided
and shall be located so as not to detract from the aesthetic character
of the development and shall be enclosed and shielded from view by
fencing, walls or shrubbery of at least 1.5 metres (5.0 feet) in height
around the perimeter.
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
15 metres (49.2 feet)
Front Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Interior Side Yard (minimum)
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
9.0 metres (29.5 feet)
Usable Landscaped Open Space in
the rear yard (minimum)
30.0 square metres (322 square feet)
per dwelling unit
Building Height (maximum)
14.0 metres (45.9 feet) or four storeys
No Encroachment Area from front or
exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
1.25 spaces per dwelling unit
6. Approaches to dwelling structures and entrance areas shall be
provided with trees and attractively shrubbed. Areas not used for
buildings, drives and parking space shall be seeded or landscaped
and shall be kept in an attractive condition.
6.4
Additional Provisions- Discretionary Uses
Bed and Breakfast Establishments may be permitted subject to the following
provisions:
1. All proposals are subject to a Class 2 Development Permit approval
stream,
2. A full drawing set will be required to be submitted for review and
consideration prior to approval,
3. Residential character of the neighbourhood will be maintained,
4. Adequate parking will be provided and screened year-round,
5. Proposed development must meet the provisions, requirements and
standards of the single-family designation.
6.5
Additional Provisions - Greenfield Development
1. All permitted uses, development standards and provisions stated in
Sections 6.1, 6.2 and 6.3 shall apply as appropriate in new greenfield
development.
2. Consistency with the Design Criteria in Section 14 with respect to new
resi- dential communities shall be adhered to, and specifically, the
criteria respecting the need to provide a balanced mix of housing
types and green
3. infrastructure. New development shall include a mix of dwelling types
in accordance with the provisions of Section 3.5 of the Official Plan.
6.6
Additional Provisions- Infill Developments
All proposed developments within existing neighbourhoods must demonstrate
consistency with Sections 13 and 14 of this By-law by means of an Urban De-
sign Brief and meet all other standards and provisions of the By-law. Proposed
multi-residential developments shall consider surrounding built form and
minimize impacts to the neighbourhood.
Any land assembly that results in a proposed increased density to the
neighbourhood will require a Class 3 Development Permit.
7.0 COMMUNITY COMMERCIAL
The Community Commercial designation applies to small neighborhood scale
commercial development intended to serve local needs.
COMMUNITY COMMERCIAL
7.1
PERMITTED USES
Animal Care
Office
Art Gallery
Personal Service Business
Artisan's Studio
Propane Refilling Outlet
Bank
Restaurant
Convenience Store
Retail Store
Dry Cleaning or Laundry Outlet
Studio
Gas Bar
Veterinary Establishment
Laundry Service
7.2
DISCRETIONARY USES
Automobile Service Station
7.3
DEVELOPMENT STANDARDS
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
15 metres (49.2 feet)
Front Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard Build Within
Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Interior Side Yard (minimum)
3.0 metres (6.5 feet) where lot abuts
residential use
1.0 metre (3.2 feet) where lot abuts
any other designation
Rear Yard Depth (minimum)
9 metres (29.5 feet)
Usable Landscaped Open Space
in the rear yard (minimum)
20% of the lot area
Building Height (maximum)
11 metres (36 feet)
No Encroachment Area from front
or exterior side lot line
2.5 metres (8.2 feet)
Parking Spaces
As per Section 3.0
COMMUNITY COMMERCIAL
7.4
ADDITIONAL PROVISIONS
1. Uses are limited to a maximum of 2,000 square meters (21,528
square feet).
2. No outside storage is permitted.
3. All discretionary uses are required to submit a full drawing set as
determined by the Director of Development Services and subject to
a Class 2 Development permit approval stream.
4. Parking areas are to be screened and a minimum of 1.5 metres (4.9
feet) of open landscaped space shall be provided between the street
and the parking area.
8.0 HIGHWAY DISTRICT
The Highway District designation is intended to guide the on-going development
of regional scale commercial retail facilities located along Highway 7, McNeely
Avenue, and Captain A. Roy Brown.
HIGHWAY DISTRICT
8.1
PERMITTED USES
Animal Care
Gas Bar
Automotive Body Shop
Laundromat
Automotive Rental Establishment
Hotel / Motel
Automotive Repair Garage
Night Club / Bar / Pub
Automotive Sales and Service
Office
Automotive Service Station
Personal Service Business
Automotive Washing
Establishment
Propane and/or Natural Gas Transfer
Facility
Bank
Propane Refilling Outlet
Building Supply Store
School, Private
Commercial Sports and
Recreational Establishment
Restaurant
Commercial Storage
Retail Store
Dry Cleaning or Laundry Outlet
Service or Repair Establishment
Equipment Rental Establishment
Theatre, Cinema
8.2
DISCRETIONARY USES
Building Contractor's Shop
Recreational Vehicle Sales
and Storage
Farm Implement Sales and Service
8.3
DEVELOPMENT STANDARDS
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
60%
Lot Frontage (minimum)
15.0 metres (49.2 feet)
Front Yard
6.0 metres (19.6 feet)
Exterior Side Yard
6.0 metres (19.6 feet)
Interior Side Yard (minimum)
3.0 metres (6.5 feet) where lot abuts
residential use
1.2 metre (3.9 feet) where lot abuts
any other designation
Rear Yard Depth (minimum)
6.0 metres (29.5 feet)
Building Height (maximum)
11.0 metres (36 feet)
Landscape Strip
3.0 metres (9.8 feet)
Parking Spaces
As per Section 3.0
HIGHWAY DISTRICT
8.4
ADDITIONAL PROVISIONS
1. All discretionary uses are required to submit a full drawing set as
determined by the Director of Development Services and subject to
a Class 2 Development Permit approval stream.
2. Landscaping shall be provided along all front, side and rear yards. Five
metres (16.4 feet) of landscaped open space shall be provided along
all arterial and collector roadways. In addition, 1.5 metres (4.9 feet) of
landscaped open space shall be provided between abutting and
similar land uses.
9.0 INSTITUTIONAL
The Institutional designation applies primarily to public uses intended to
serve the needs of the Town's residents and visitors.
INSTITUTIONAL
9.1
PERMITTED USES
Community Health and Services
Museum
Daycare Facilities
Municipal Office
Emergency Service
Nursing Home
Fire Hall
Place of Worship
Home for the Aged
Police Station
Hospital
Residential Care Facility
Library
Retirement Home
Long Term Care Facility
School
9.2
DEVELOPMENT STANDARDS
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
35%
Lot Frontage (minimum)
15.0 metres (49.2 feet)
Front Yard Build Within Area
4.5 metres, minimum (14.7 feet)
7.5 metres, maximum (24.6 feet)
Exterior Side Yard Build Within
Area
4.5 metres (minimum)
7.5 metres (maximum)
Interior Side Yard (minimum)
3.0 metres (6.5 feet) where lot abuts
residential use
1.2 metre (3.9 feet) where lot abuts
any other designation
Rear Yard Depth (minimum)
9.0 metres (29.5 feet)
Building Height (maximum)
22.0 metres (72 feet)
No Encroachment Area from front
or exterior side lot line
4.5 metres
Parking Spaces
As per Section 3.0
9.3
ADDITIONAL PROVISIONS
All development shall be subject to the design criteria objectives outlined in
Sections 13 and 14.
10.0 NATURAL ENVIRONMENT DISTRICT
The Natural Environment District includes elements of natural heritage which
need to be protected and conserved for the sake of sustainability and for the
enjoyment of local residents and visitors.
NATURAL ENVIRONMENT DISTRICT
10.1
PERMITTED USES
Building and/or structures intended
for flood or erosion control or slope
stabilization
Forestry conducted in accordance
with good forestry and arboricultural
practices
Conservation Uses
Passive Recreation Uses
Recreational Trails
10.2
DISCRETIONARY USES
Docking Facilities
Structures intended to facilitate
passive recreational uses such as
boardwalks
10.3
DEVELOPMENT STANDARDS
Not Applicable
10.4
ADDITIONAL PROVISIONS
1. All discretionary uses are required to submit a full drawing set as
determined by the Director of Development Services and are subject
to a Class 3 Development Permit approval stream including an
Environmental Impact Statement.
11.0 PARKS AND OPEN SPACE
The Parks and Open Space designation provides the regulatory framework for
active and passive components of the Town's recreation facilities.
11.1
PERMITTED USES
Cemetery
Marine Facility
Conservation
Public Park
Forestry
Recreational Facility
Marina
Recreational Pathways
11.2
DISCRETIONARY USES
Golf Course
Outdoor Recreational Facility
11.3
DEVELOPMENT STANDARDS
SITE PROVISIONS
REQUIREMENTS
Lot Area (minimum)
Nil
Lot Coverage (maximum)
20%
Lot Frontage (minimum)
Nil
Front Yard Depth (minimum)
6.0 metres (19.6 feet)
Exterior Side Yard (minimum)
6.0 metres (19.6 feet)
Interior Side Yard (minimum)
6.0 metres (19.6 feet)
Rear Yard Depth (minimum)
8.0 metres (26.2 feet)
Landscaped Open Space
(minimum)
10%
Parking Spaces
As per Section 3.0
11.4
ADDITIONAL PROVISIONS
All discretionary uses are required to submit a full drawing set as determined
by the Director of Development Services and subject to a Class 2
Development Permit approval stream.
12.0 ENVIRONMENTAL CONSTRAINTS
The Environmental Constraints designation applies to those areas of the
Town where development could be hazardous to life and property or
alternatively could result in negative environmental impacts.
12.1
PERMITTED USES
Existing Uses
Uses permitted in the underlying
designation on lands identified as
Flood Fringe as shown in the Official
Plan Schedule A
All Buildings and Structures in
Existence on the Day of the
passing of this By-law
Buildings or Structures intended for
Flood or Erosion Control or Slope
Stabilization
Conservation Use
Forestry Use
12.2
DISCRETIONARY USES
Recreational Pathways
12.3
DEVELOPMENT STANDARDS
Not Applicable
12.4
ADDITIONAL PROVISIONS
1. All discretionary uses are required to submit a full set of drawings as
determined by the Director of Development Services and subject to
a Class 2 Development permit approval stream.
2. Any new building or structure or any expansion of, or addition to, any
buildings or structures permitted in the flood plain after the day of the
passing of this By-law must incorporate appropriate engineered
construction techniques which reduce or eliminate the risks of flood
damage or damage from unstable slopes. The specific approval of the
Mississippi Valley Conservation Authority must be obtained prior to the
issuance of a building permit.
3. Modification of the flood plain through filling, excavation or by other
means is prohibited unless otherwise permitted by Mississippi Valley
Conservation Authority and the Ministry of Natural Resources.
4. All land under water is within the Environmental Constraint - EC
designation and uses of such land shall be limited to only those
specifically approved by the Ministry of Natural Resources and
Mississippi Valley Conservation Authority.
5. An existing habitable building located in the Environmental Constraint
designation may be reconstructed or enlarged subject to the following
conditions;
a.
The reconstructed building or addition must be constructed in
accordance with Mississippi Valley Conservation Authority's
Regulation Policies and relevant floodproofing requirements.
b.
The addition must meet all setback provisions of this By-law,
including the 30 metre (98.4 feet) from the watercourse or
waterbody;
c.
Prior to approval of the Development Permit the applicant will be
required to submit documented approval from all other applicable
agencies.
d.
Any new building or structure or any expansion of; or addition to,
any buildings or structure;, or any site alteration, within and
adjacent to a steep slope (i.e. greater than 3 metres (9..8 feet) in
height and a 5:1 (horizontal:vertical) ratio) may be subject to
Ontario Regulation 153/06. The Mississippi Valley Conservation
Authority shall be consulted to determine if a permit is required and
to ensure that development proceeds in a safe manner.
13.0 BUILT FORM INVENTORY
This section of the bylaw has not been consolidated into an AODA compliant
document. Copies of this section of the policy can be provided upon request by
contacting the Town of Carleton Place.
14.0 BUILT FORM DESIGN CRITERIA
This section of the bylaw has not been consolidated into an AODA compliant
document. Copies of this section of the policy can be provided upon request by
contacting the Town of Carleton Place.
15.0 DEFINITIONS
For the purposes of this By-law, the definitions and interpretations given in
this section shall govern. In this By-law, the word "shall" is mandatory and
not directory; words in the singular include the plural, words in the plural
include the singular; the word "used" includes "arranged", "designed" or
"intended to be used". The word "occupied" shall include "designed to be
occupied" and "arranged to be occupied".
Abutting Means two or more parcels of land sharing a common boundary
of at least one point.
Accessory See Uses, Accessory
Adult Entertainment Establishment Any premises or part thereof in
which is provided, in pursuance of a trade, calling, business or occupation,
goods or services appealing to or designed to appeal to erotic or sexual
appetites or inclinations.
Adverse Impacts Means one or more of the following:
1.
Impairment of the quality of the natural environment for any
use that can be made of it;
2.
Injury or damage to property or plant and animal life;
3.
Harm or material discomfort to any person;
4.
An adverse effect on the health of any person;
5.
Impairment of the safety of any person;
6.
Rendering any property or plant or animal life unfit for use by
humans;
7.
Loss of enjoyment of normal use of property; and
8.
Interference with normal conduct of business.
Aisle Means a portion of a parking lot which abuts one or more off-street
parking spaces to which it provides access and which is not used for the
parking vehicles.
Alter Means:
1.
To change any one or more of the external dimensions of such
building or structure; or
2.
To change the type of construction of the exterior walls or roof
of such building or structures; or
3.
To change the use of such building or structure or the number
or types of uses or dwelling units contained therein.
When used in reference to a lot means:
1.
To change the boundary of such lot with respect to a street
or lane; or
2.
To change the grade and drainage pattern of such lot; or
3.
To change the use of such lot or the number of uses located
thereon.
When used in reference to a shoreline:
1.
Means to change, straighten, divert or interfere in any way
with the channel of any watercourse.
Animal Care Means a building or part of a building used to provide
grooming services for dogs and cats.
Area See Lot, Area
Art Gallery Means the use of land, buildings or structures for the
commercial exhibition or retail sale of paintings, sculptures or other works
of art or hand-made crafts.
Artisan's Studio Means the use of land, buildings or structures for the
creation, finishing, refinishing or similar production of paintings, sculptures
or other works of arts or hand-made crafts by the proprietor, together with
the sale of such commodities, but does not include any use otherwise
defined in this By-law.
Attached Means a building otherwise complete in itself, which depends
for structural support, or complete enclosure, upon a division wall or walls
shared in common with an adjacent building or buildings.
Attic Means that portion of a building immediately below the roof and
wholly or partly within the roof framing and which is not a one-half storey.
Auction House Means premises used for the storage and/or display of
goods or materials which are to be sold on the premises by auction.
Auditorium Means a building, structure or part thereof where facilities are
provided for athletic, civic, educational, political, religious, or social events.
This definition may include an assemby hall, arena, community centre,
gymnasium, stadium, theatre or similar use.
Automotive Body Shop Means a building with a service bay, where
painting, refinishing, restoration or repairs to the coachwork of motor
vehicles are performed, but shall not include an automobile wrecking yard
or salvage yard.
Automotive Rental Establishment Means a parking space or parking lot
and/or a building or part thereof where motor vehicles are rented or kept
or used for rental purposes.
Automotive Repair Garage Means a building used for the storage repair
and servicing of motor vehicles, having at least one (1) service bay where
repairs essential to the actual operation of a motor vehicle are performed.
Automotive Sales and Service Establishment Means a building and/or
lot used principally for the display and sale of new and/ or used motor
vehicles and may include the servicing, repair, cleaning of motor vehicles,
the sale of automotive accessories and related products and the leasing
or renting of motor vehicles, but shall not include any other defined
automotive uses.
Automobile Service Station Means a building where gasoline, propane,
diesel fuel or oil is kept for sale and where only minor or emergency repairs
essential to the actual operation of motor vehicles may also be performed,
and where grease, anti-freeze, tires, spark plugs and other automobile
accessories may be sold incidentally, and where motor vehicles may also
be oiled, greased, or washed, but where no other activities of an
automotive repair garage are carried on.
Automotive Washing Establishment Means a building or portion thereof
used for washing or cleaning of motor vehicles for gain.
Bachelor Suite Means a self-contained unit in an apartment building,
consisting of a bed/sitting room combination, a kitchen, a bathroom and
spaces normally accessory thereto.
Bakery Means a factory for providing, producing, mixing, compounding or
baking bread, biscuits, ice cream cones, cakes, pies, buns, or any other
bakery product of which flour or meal is the principal ingredient, but does
not include a restaurant or other premises where any such product is made
for consumption on the premises or a bake shop.
Bank Means a chartered bank, finance company office, co-op, trust
company, loan company or similar establishment.
Basement Means that portion of a building between two floor levels which
is partly underground but which has at least one-half of its height from
finished floor to finished ceiling above adjacent finished grade.
Bed and Breakfast Establishment Means a single detached dwelling in
which not more than 4 guest rooms each having a minimum floor area of
11 square metres, which are used to accommodate the traveling or
vacationing public for gain or profit, and may include the provision of meals
to the guest room occupants only.
Bingo Hall Means a building or premise or part thereof used for bingo or
a bingo event and is duly registered under the Gaming Control Act and is
in compliance with municipal By-laws and approvals.
Boarding or Rooming House Means a dwelling or portion thereof
containing rooms in which the proprietor supplies for gain, lodging with or
without meals, but does not include a bed and breakfast establishment, a
hotel, a hospital, children's home, home for the aged, or other
establishment otherwise classified or defined in this By-law.
Boat House Means an accessory building used for the purpose of berthing
or sheltering and storing boats and related equipment that is enclosed by
more than one wall and is built, founded or anchored near or at the ordinary
water's edge of a navigable waterway either over water or on the land.
Boat Port Means an accessory building used for the purpose of berthing,
or sheltering and storing boats that is roofed, but not enclosed by more
than one wall and is built, founded or anchored near or at the ordinary
water's edge of a navigable waterway.
Brew Pub Means a building or premise used for the purpose of brewing
beer and may include a restaurant and retail use as accessory to the
primary use.
Buffer Means a portion of a lot where vegetation is substantially
maintained in its natural state or vegetation is planted, or a fence or barrier
is erected for the purpose of obscuring or screening buildings, structures,
parking or activity on a lot.
Buffer, Shoreline Means a natural area, adjacent to a shoreline,
maintained in its natural predevelopment state for the purpose of
protecting natural habitat and minimizing the visual impact of buildings and
structures on a lot.
Build Within Area Means an area established between the minimum and
maximum horizontal distance separation from a front lot line and/or an
exterior side lot line where the main front wall, and or the exterior side wall
of a building, shall be constructed.
Building Means any structure used or intended for sheltering any use or
occupancy. The word "building" shall include the whole of such structure
or part hereof and shall include any building types as regulated by the
Ontario Building Code Act.
Building Accessory Means subordinate detached building or structure
designed or intended for the better or more convenient enjoyment of the
main building, to which it is accessory and which is located on the same
lot therewith. An accessory building shall be uninhabitable unless
otherwise specifically permitted.
Building Area Means the maximum projected horizontal area of a building
at established grade measured to the centre of party walls and to the
outside of other walls including air wells, and all other spaces within the
building, but excluding open air porches, verandas, steps, cornices,
chimney breasts, fire escapes, exterior stairways, breezeways, accessory
buildings, ramps and pen loading platforms, balconies and garages.
Building By-law Means any By-law of the Corporation passed pursuant
to the Building Code Act.
Building Contractor's Shop Means a place of business for persons
employed in building trades such as painting, plumbing, electrical work,
masonry, metal working and carpentry, or truck, bulldozer, loader and
backhoe operating. Such place of business may be used for the storage
of equipment, materials and vehicles which are used on construction sites
and may include such related uses as office space or maintenance
facilities, but shall not include a retail business sales counter nor a
wholesale business.
Building Envelope The three dimensional space within which a structure
is permitted to be built on a lot as defined by the other standards of this
By-law including height, yards and building coverage.
Building Height Means the vertical distance measured between the
average finished grade at the base of the building;
The highest point of the roof surface or parapet wall in the case of a flat
roof, whichever is the highest, or al all other types of roofs; the mean height
level between the base of the roof and the highest point of any other type
of roof.
Building Inspector Means an officer or employee of the Corporation
charged with the duty of enforcing the provisions of the Building Code Act.
Building Line Means a line within a lot drawn parallel to a lot line
establishing the minimum distance between that lot line and any portion of
a building or structure which may be erected.
Building, Main Means a building in which is conducted the principle uses
of the lot on which it is situated.
Building Separation Means the least horizontal distance permitted
between the nearest portions of the walls of any buildings on a lot.
Building Supply Store Means a building where building supplies such as
lumber, millwork, siding, roofing, plumbing, electrical, heating, air
conditioning, home improvement and similar goods are stored, displayed,
or kept for retail sale. This definition shall not include a salvage yard.
Building, Temporary Means a building or structure intended for removal
or demolition within a prescribed time not exceeding six months or as set
out in a building permit.
Bulk Storage Means the use of land, structures and/or buildings for the
purpose of storing and selling coal, fuel oil, chemicals and similar items,
but does not include any manufacturing, assembling or processing uses.
Business Office Means a building or part of a building where one or more
persons are employed in administering, directing, managing or conducting
the affairs of a private enterprise. This definition shall not include any
manufacturing operation or any premises used for the repairing
equipment, goods, materials or vehicles.
Campground Means an area of land, managed as a unit, providing short
term accommodation for tents, recreational vehicles or campers for a set
fee but shall not include mobile homes, park model trailers or a mobile
home park.
Canopy Means a roof free of enclosing walls over an entrance to a
building, structure or gasoline pump island.
Car Port Means a structure open on at least two sides and intended to be
used for the sheltering of one or more motor vehicles.
Where a roofed enclosure used for the storage or parking of motor vehicles
has more than 60 per cent of the total perimeter enclosed by walls, doors
or windows, the enclosure shall be considered a garage.
Catering Establishment Means an establishment in which meals and
beverages are prepared to be served for consumption off the premises.
Cellar Means that portion of a building between two floor levels which is
partly or wholly underground but which has more than one-half of its height
from finished floor to finished ceiling below the finished grade.
Cemetery Means a cemetery within the meaning and as regulated by the
Cemeteries Act.
Chief Building Official Means an officer or employee of the Corporation
of the Town of Carleton Place charged with the duty of enforcing the
provisions of the Building Code Act.
Clinic, Medical Means a building used solely for the purpose of
consultations, diagnosis and treatment of patients, by one (1) or more
legally
qualified
physicians,
dentists,
optometrists,
chiropodists,
chiropractors or drugless practitioners, together with their qualified
assistants and without limiting the generality of the foregoing, the building
may include administrative offices, waiting rooms, laboratories,
pharmacies or dispensaries directly associated with the clinic, but shall not
include accommodation for in-patient care or operating rooms for major
surgery.
Commercial Greenhouse Means a building used for the growing of
flowers, vegetables, shrubs, trees, and other vegetation for wholesale or
retail sale. This definition shall not include any premises for the growing of
mushrooms.
Commercial Sports and Recreational Establishment Means an
establishment, premises, or building where any recreational, social or
cultural uses are operated commercially for profit such as arenas, health
clubs, golf courses, open or enclosed skating or curling rinks, open or
enclosed pools, open or enclosed badminton or tennis courts, squash
courts, bowling alleys, gymnasium, band shell or open theatre, and other
similar uses but does not include a casino or bingo hall.
Commercial Storage Means a building or structure in which more than
one storage unit is rented and used for the temporary storage of household
items, vehicles and/or commercial goods and materials, but does not
include any business operation or use associated with the storage. Each
unit is physically separated from other units within the building and has its
own entrance.
Commercial Vehicle Means a motor vehicle used for commercial trade or
government services and without limiting the foregoing includes delivery
vehicles, emergency vehicles, motor buses, farm tractors, tractors and
tractor trailers and single or multiple axle trucks.
Committee Members of Council assigned to permanent position to deal
with planning, land use and development matters.
Communications Facility Means a building used for the transmission of
communication signals.
Community Centre Any tract of land or building or buildings or any part
of any buildings used for community activities whether used for commercial
purposes or not, the control of which is vested in the Municipality, a local
board or agent thereof.
Community Health and Service Means the use of building for the
provision of social services, health promotion or counselling services.
Conservation Means the use of land for the protection of the natural
environment through maintenance or comprehensive management for
individual or public use or benefit.
Convenience Store Mean a building or part of a building used primarily
for the sale of grocery and confectionery items and incidentally for the sale
of such other merchandise as is required to fulfill the day-to-day needs of
a surrounding community.
Corporation Means the Corporation of the Town of Carleton Place.
Council Means the Council of the Town of Carleton Place.
County Means the Corporation of the County of Lanark.
Coverage Means the percentage of lot area covered by all buildings.
Custom Workshop Means the use of a building or part of a building for
the production or finishing of custom or hand-made commodities in small
quantities. Without limiting the generality of the foregoing, a custom
workshop includes upholstering, refinishing of antiques or furniture,
drapes, Venetian blinds, handmade leather goods, orthopedic and
prosthetic appliances, weaving, awnings and where other non- offensive,
non-dangerous custom production is carried out but does not include any
use otherwise defined in this By-law.
Custom Workshop, Health Related Means the use of a building or part
of a building for the production or finishing of custom or hand-made goods
that only includes the production of orthopedic, prosthetic appliances and
other health related or supportive goods.
Daycare Facilities Means a place wherein the temporary care of children
is provided , which is operated as an accessory use within a residential
dwelling unit and is not required to be licensed by the Province but shall
comply with the applicable provisions of the Day Nursery Act or;
Means a place wherein the temporary care of children is provided in
facilities and by staff licensed by the Province of Ontario and operated in
accordance with the provisions of the Day Nursery Act.
Deck Means a structure abutting a dwelling or building with no roof or walls
except for visual partitions and railings which is constructed on piers or a
foundation above- grade for use as an outdoor living area.
Dense Non-Aqueous Phase Liquids (DNAPLs) Means chemical
compounds that are denser than water and do not dissolve readily in water.
These include: Dioxane - 1 and 4,n Po9lycyclic Aromatic Hydrocarbons
(PAHs), Tetrachloroethylene (PCE or PERC), Trichloroethylene (TCE) and
Vinyl Chloride.
Density Means the maximum number of dwelling units allowed by this By-
law based on lot area. A fraction of one-half or more in value shall be
counted as one dwelling unit.
Detached When used in reference to a building, means a building which
is not dependent on any other building for structural support or enclosure.
Development The construction, erection or placing of one or more
buildings or structures on land or,
The making of an addition or alteration to a building or structure that has
the effect of substantially increasing its size or usability or,
The laying out and establishment of;
1.
a commercial parking lot
2.
site for the location of three or more mobile homes as defined
in subsection 46(1) of the Act,
3.
site for the construction, erection or location of three or more
land lease community homes as defined in subsection 46 (1)
of the Act, or
The removal of vegetation.
Discretionary Uses See Use, Discretionary
Distribution Centre Means a building for the temporary storage of goods,
except storage of dangerous goods, for the purpose of sorting,
transportation and distribution of goods off-site."
Docking Facilities Means an accessory structure used for the mooring of
marine vessels.
Drainage Means the movement of water, whether by way of the natural
characteristics of the ground surface or by an artificial method.
Driveway Means a vehicular access connected to only one public street
or thoroughfare and which provides ingress to and/or egress.
Dry Cleaning or Laundry Outlet Means a building or part thereof used
for receiving articles to be cleaned off premises.
Dry Cleaning or Laundry Plant Means a building or part of a building
where dry cleaning, dry dyeing, cleaning or pressing of articles or goods
of fabric may be performed.
Dwelling Means a detached building occupied or capable of being
occupied as the home or residence by one or more persons, where food
preparation and sanitary facilities are provided and shall include a modular
home but shall not include a trailer or motor home.
Dwelling - Apartment Means the whole of a building that contains five (5)
or more dwelling units, which units are served by individual entrances from
street level or by a common corridor and occupants of which units have
the right to use in common one or more of the following: corridors, stairs
or yards. It does not include a triplex, quadplex, a group of townhomes or
a pair of group of semi-detached, duplex or triplex dwellings, nor any other
dwelling otherwise defined herein.
Dwelling - Converted Converted Dwelling means a residential use
building that has been altered, but not demolished and replaced, to
increase the number of principal dwelling units to four or more.
Dwelling - Duplex Means a building divided horizontally into two (2)
dwelling units, each of which has an independent entrance wither directly
from the outside or through a common vestibule.
Dwelling - Mobile Home Means any dwelling that is designed and
constructed in compliance with CSA Z 240 to be made mobile, and
constructed or manufactured to provide a permanent residence for one or
more persons, but does not include a travel trailer or tent trailer or trailer
otherwise designed.
Dwelling - Park Model Trailer Means a manufactured building designed
and constructed in conformance with CAN/CSA -Z241 Series M "Park
Model Trailer, as set out in the Building Code, and is used or intended to
be used as a dwelling or seasonal dwelling.
Dwelling - Quadplex Means a dwelling that is divided vertically by
common party walls into four separate dwelling units, each of which has
two common party walls.
Dwelling - Semi-detached Means a building on a single foundation
divided vertically into two (2) separate dwelling units by a common wall.
Dwelling - Senior's Residential Means a multi-residential building that
provides dwelling units primarily for the use of the elderly.
Dwelling - Townhouse Means a building that is divided vertically into
three or more dwelling units, but not more than eight, attached by common
walls extending from the base of the foundation to the roof line, each
dwelling unit having a separate entrance.
Dwelling - Triplex Means a building that is divided horizontally into three
separate dwelling units each of which has an independent entrance
whether directly or through a common vestibule.
Dwelling Unit Means a building occupied or capable of being occupied as
the home or residence of one or more persons, where food preparation
and sanitary facilities are provided, but shall not include a boarding house,
hotel, motel, rental cottage or cabin or similar commercial use of a private
or semi-private institution.
Dwelling Unit - Accessory Means a dwelling unit which is part of, and
accessory to, a permitted non-residential building other than an automobile
service station or commercial garage.
Easement Means the legal right acquired by contract to pass over, along,
upon or under the lands of another.
Emergency Services Means the use of a building or parts of a building
for the provision of civil services such as ambulance, fire or police.
Equipment Rental Establishment Means a building or part of a building
wherein the primary use is the rental of machinery, equipment, furniture,
fixtures and other goods, of a size and type which would be used for home
improvement, household purposes, agricultural, business, and industrial
or similar on-household oriented rental functions.
Erect Means to build, construct, reconstruct, alter or relocate and without
limiting the generality of the foregoing shall be taken to include any
preliminary physical operation such as excavating, grading, piling,
cribbing, filling or draining, structurally altering any existing building or
structure by an addition, deletion, enlargement or extension. Any work for
the doing of which a building permit is required under the Ontario Building
Code Act.
Established Building Line Means the average setback from the street
line of existing buildings on one side of a continuous 100 metres (324 feet)
strip of land where three (3) or more of the lots having street frontage upon
the said side of the street have been built upon and can also be referred
to as median setback.
Established Grade Means the average elevation of the finished level of
the ground adjoining all of the walls of the building exclusive of any artificial
embankments or berms.
Existing Means existing as of the date of the passing of this By-law
Existing Vegetation Means the plant materials growing upon any lands
prior to the erection, alteration or enlargement of any buildings or
structures thereon.
Factory Outlet Means a building or part of a building where products or
goods are manufactured or produced on site for wholesale or retail sale or
are manufactured off-site for wholesale or retail sale.
Farm Implement Sales and Service Means a building and/or lot where
new and/or used farm implements are kept for display, sale and/or rental.
Accessory uses may include those normally required for performing
maintenance on and repair of farm implements, including service centres,
service bays, storage of farm implement parts etc.
Farm Supplies Dealership Means a building wherein farm supplies which
may include feed, seed, agriculture chemicals, hardware, farm working
apparel etc. may be sold or rented.
Fence Means any barrier or structure constructed of chain link metal,
wood, stone, metal, brick or other similar materials or combinations of such
materials which is erected for the purpose of screening, safeguarding,
retaining or enclosing property or delineating property lines.
Finished Grade The average elevation of the finished surface of the
ground a ground level measured on any side of a building or structure.
Fire Hall Means a building or structure used for the purposes of supporting
the provision of municipal fire protection services and which can include
sleeping and dining facilities for firefighting personnel, vehicle storage,
maintenance and repair facilities and office space.
Flea Market Means a street market composed of a series of individual
retailer's booths or tables where sundry items, new or secondhand articles,
fresh produce or preserves are offered for sale.
Flood Proofing Means a combination of structural changes and/or
adjustments incorporated into the basic design and/or construction or
alteration of individual buildings, structures or properties subject to flooding
so as to reduce or eliminate flood damages.
Floodline or Flood Elevation Means a line established by a one in one
hundred year storm as established by flood plain mapping or by the
Mississippi Valley Conservation Authority.
Flood Fringe Means an area established by the Mississippi Valley
Conservation Authority that is part of the flood plain but may be developed
subject to specific conditions.
Floor Area - Gross Means the total area of each floor measured between
the exterior faces of the exterior walls of the building and where there are
no walls the total are of a floor within the outer perimeter of the floor.
Floor Area - Net The total floor area, as hereinafter defined, exclusive of
any portion of the building or structure below finished grade measured
between the exterior faces of the exterior walls which is used for heating,
the storage of goods or personal effects, laundry facilities, recreational
areas, the storage or parking of motor vehicles, exclusive of any private
garage, carport, basement, walkout basement, cellar, porch, verandah or
sunroom unless such sunroom is habitable during all seasons of the year.
Footprint Means the floor area of a building or structure, measured at
grade on a horizontal plane, to the outside edge of walls, or posts n the
case of an unenclosed structure, and includes the furthest extent of a deck
or a dock.
Forestry Means the activity of creating, managing, using, conserving and
repairing forests and associated resources.
Fuel Depot Means land, building or structures used for the bulk storage,
distribution and sale of gasoline, propane, heating oil or motor oil.
Full Drawing Set Means the set of plans that is required by this By-law to
review and be submitted with any development proposal.
Funeral Establishment Means a building or part of a building wherein
undertaking services are offered and may include subsidiary activities
such as the sale of caskets and funeral accessories provided such
activities are clearly secondary and incidental to the main undertaking
service.
Garage, Attached Means a private garage accessory to a dwelling unit on
the same lot and attached thereto by a common wall and/or common roof
structure.
Garage, Commercial Means a building where all functions of an
automotive service station may take place and where major repairs of
motor vehicles are performed. Such repairs may include all mechanical
repairs as well as body work but shall not include dismantling of motor
vehicles for scrap or the storage of motor vehicles awaiting scrapping.
Garage, Detached Means a private garage accessory to a dwelling on the
same lot, but not attached to the dwelling by a common wall and/or
common roof structure.
Garage, Municipal Means a building which is used for the storage or
servicing or minor repairs of equipment essential to the actual operation of
motor vehicles owned and maintained by the Town of Carleton Place, the
County of Lanark and any department of the Government of Ontario or
Canada.
Garage, Parking Means an enclosed structure used for the temporary
parking of more than 4 vehicles available for public use either for free, for
compensation or as an accommodation to customers.
Garage, Width Means the width of a private garage measured between
the interior faces of the walls of the private garage.
Garden Centre Means an outdoor area primarily used for the retail of
gardening equipment, products and planting materials.
Gas Bar Means one or more fuel pumps for the sale of motor fuels and
related products for motor vehicles together with the necessary pump
islands and kiosk and which may include the sale of associated sundry
items and may include a propane refilling station.
Gate House Means a building that provides accommodation for security
staff and services.
Gazebo Means an accessory freestanding roofed structure with open or
screened walls enclosing a single area used for the purpose of relaxation.
Golf Course Means a public or private area operated for the purpose of
playing golf and includes a par 3 golf course, but does not include driving
ranges, miniature courses and similar uses.
Golf Course, Miniature Means an area of land, building or structure or
premises or part thereof operated for profit or gain as a commercial place
of amusement in which facilities are provided to simulate the game of golf
or any aspect of the fame on a small scale, but does not include a golf
driving range.
Golf Driving Range Means an open-air recreation facility where golf is
practiced from individual tees and which may include accessory structures
for the management and operation of the range, and a miniature golf
course, but not a golf course.
Grade Means when used with reference to a building, the average
elevation of the finished surface of the ground where it meets the exterior
at the base of a building and when used with reference to a structure shall
mean the average elevation of the finished surface of the ground
immediately surrounding such structure, exclusive in both cases of any
artificial embankment, and when used with reference to a street, road or
highway means the highest elevation of the street, road or highway by the
Corporation or other designated authority.
Greenhouse Means a building and/or structure used for the growing of
flowers, vegetables, shrubs, trees and similar vegetation including any part
of a building, structure or area used for the sale of garden supplies and
landscaping materials which may include seeds, bulbs, tools etc. This
definition shall not include any premises for the growing of mushrooms.
Group Home Means a single housekeeping unit in a residential dwelling,
which is registered with the Municipality, in which three (3) to ten (10)
persons (excluding supervisory or operating staff) live together under
responsible supervision consistent with the requirements of its residents
for a group living arrangement and which is licensed and/or approved
under Provincial Statutes and in compliance with municipal By- laws.
Guest Room Means a room or suite of rooms, which contains no facilities
for cooking and which is used or maintained for gain or hire by providing
accommodation.
Habitable Room Means a room in a dwelling used or intended to be used
primarily for human occupancy.
Hereafter Means after the date of the passing of this By-law.
Herein Means in this By-law, and shall not be limited to any particular
section of this By- law.
Heritage Site Means buildings, structures or sites designated under the
Ontario Heritage Act.
High Water Mark Means the mark made by the action of water under
natural conditions on the shore or bank of a body of water, which action
has been so common and usual and so long continued that it has created
a difference between the character of the vegetation or soil on one side of
the mark and the character of the vegetation or soil on the other side of the
mark.
Home for the Aged See Nursing Home or Long Term Care Facility.
Home Occupations Means an occupation or enterprise which is carried
out as use accessory to the main residential use of a property and is owned
and operated only by a person or persons residing on the property,
provided that:
1.
The use does not create nor become a public nuisance in
particular with regard to noise, traffic, parking or health
safety;
2.
The use is clearly accessory, secondary, incidental and
subordinate to the permitted residential use and compatible
with surrounding residential and/or non-residential uses;
3.
This definition includes such activities as a craft or
instructional studio, an office; professional, administrative
and consulting services, computer technology uses,
instructional services, distribution sales offices arts and
crafts, a personal service business, a day nursery, a bed and
breakfast establishment. Home based businesses do not
include a clinic, any retail or wholesale store or vending
outlet, restaurant establishment, tourist establishment,
convalescent home, mortuary, funeral establishment, or any
use of a workshop, storage yard, contractor's yard or plant;
4.
There is no outdoor storage or display to indicate to persons
outside that any part of the property is being used for other
than residential uses except for an unlit sign subject to other
By-laws of the Corporation;
5.
Such home occupation is not an obnoxious trade, business
or manufacture.
Hospice Means a facility dedicated to end of life care provided by health
care professionals.
Hospital Means a hospital as defined by the Private Hospitals Act or a
hospital as defined by the Public Hospitals Act.
Hotel Means a building designed or used for the accommodation of the
traveling or vacationing public, containing therein five (5) or more guest
rooms served by a common building entrance. Accessory uses may
include accommodation for permanent staff and one or more beverage
rooms, dining rooms, meeting rooms, or similar uses.
Housekeeping Unit Means a room or a suite of rooms within a tourist
establishment that is designed to provide accommodation and is equipped
with a kitchen. A housekeeping unit is not a dwelling unit.
Human Habitation Means the use of a building or structure for living,
sleeping, eating or for food preparation purposes.
Industrial Mall Means a building divided into a number of self-contained
units which are occupied by uses which are permitted uses in an Industrial
designation.
Industrial Uses Class I, Light Means a place of business for a small
scale, self-contained plant or building which produces, manufactures,
assembles or stores a product which is contained in a package and has a
low probability of fugitive emissions e.g. noise, odour, dust and vibration.
Such industries operate in the daytime only with infrequent movement of
products and/or heavy trucks and no outside storage. Examples include:
electronics manufacturing and repair, high technology industries, furniture
repair and refinishing, beverage bottling, package and crafting services,
small scale assemble, auto parts supply.
Industrial Uses Class II, Medium Means a place of business for medium
scale process and manufacturing with outdoor storage of wastes or
materials (e.g. it has an open process) and where there are periodic or
occasional outputs of fugitive emissions e.g. noise, odour, dust and
vibration. Shift operations occur and there is frequent movement of
products and /or heavy trucks during daytime hours. Examples include dry
cleaning services, printing establishments, paint spray booths, welding
shops, courier and transport services, heavy vehicle repairs, bulk fuel
storage, raw product storage (aggregates, logs/lumber), warehousing,
contractor's yard.
Industrial Uses Class III, Heavy Means a place of business for uses
characterized as having emissions such as noise, smoke, odour, fumes,
vibrations or extensive outside storage as part of their normal operations.
Such uses include sawmills, pulp and paper mills, refineries, smelting
operations and similar uses which are intended to be secluded from
residential or other sensitive land uses in order to limit potential adverse
effects on the environment or the surrounding areas and public health.
Infrastructure Means physical structures that form the foundation for
development including sewage and water works, waste management
systems, electric power, communications, transit and transportation
corridors and facilities, and oil and gas pipelines and associated facilities.
Institution Means land, building, structure or part thereof used by any
government agency, organization, group or association, for the promotion
of religious, charitable, educational, medical, benevolent objectives or
public service.
Kennel Means a building or a structure or part of a building or structure
used for the breeding, raising and/or boarding of dogs or cats for personal
use or for profit or gain.
Laboratory Means a building or part thereof used for medical or dental
testing (blood testing, x-rays, MRI's etc.) and specimen depot and
analysis.
Landing Means an area at the top of a flight of stairs or between flights of
stairs, which does not exceed the width of the associated stairs by more
than 1 ½ times, or a maximum width of 2.5 metres (8.2 feet), whichever is
less.
Landscape Strip An open unobstructed space free of buildings or
structures which is used for the growing and maintenance of grass,
flowers, shrubs or other landscaping.
Landscaped Open Space Means a combination of trees, shrubs, flowers,
grass or other horticultural elements, together with decorative stonework,
paving screening or other architectural elements, all of which is designed
to enhance the visual amenity of a property and/or to provide a screen to
mitigate any objectionable adjacent land use; but does not include decks,
parking areas, traffic aisles or driveways or ramps for vehicles.
Lane Means a subsidiary thoroughfare providing access from within a lot,
principally from parking or loading spaces or from a lot to a public street;
or
A subsidiary public thoroughfare for the sole use of pedestrians and
connecting public streets, open spaces and/or buildings.
Laundry Service Means a building or structure where coin-operated
laundry machines are made available to the public for the purpose of
laundry cleansing.
Library Means a public building or structure where books and other audio-
visual resources may be read, consulted or borrowed.
Licensed Fuel Facility Means a bulk plant, cardlock/keylock or retail
outlet including a marina as defined in Ontario Regulation 217/01 (Liquid
Fuels).
Loading Space Means a space or bay locate on a lot or within a building
which is used or intended to be used for the temporary parking of any
commercial vehicle while loading or unloading goods, merchandise, or
materials in connection with the use of the lot or any building thereon, and
which has unobstructed access not necessarily in a straight line to a street.
Local Commercial Uses Means uses which provide retail and service
commercial uses that serve the daily and weekly requirements and needs
of the surrounding residential neighbourhoods.
Long Term Care Facility See Nursing Home
Lot Means a parcel of land;
1.
The whole of which can be legally conveyed without approval
pursuant to the Planning Act, and
2.
No part of which can be transferred without such an approval;
and
3.
Which is not described in a registered condominium
description; or
4.
Two or more parcels of land which are:
a.
Deemed to be one lot by this By-law; or
b.
Required to be transferred together by an agreement made
pursuant to the Planning Act; or
5.
A parcel of land described as a whole registered description
by the Condominium Act, except for a vacant land
condominium, in which a unit is considered to be a lot.
Lot Area Means the total horizontal area measured within the limits of the
lot lines of the lot.
Lot, Corner Means a lot situated at an intersection of
two or more streets, or at the intersection of two parts
of the same street which have an interior angle or
intersection of not more than one hundred and thirty-
five degrees.
Where such street lines are curved, the angle of intersection of the street
lines shall be deemed to be the angle formed by the intersection of the
tangents to the street lines, drawn through the extremities of the side lot
lines. In the latter case, the corner of the lot shall be deemed to be that
point on the street line nearest to the point of intersection of the said
tangents.
Lot, Coverage Means the percentage of the lot area covered by the
ground floor area of all buildings located on the lot excluding canopies,
balconies, overhanging eaves and private open air swimming pools.
Lot, Depth Means the horizontal distance
between the front and rear lot lines.
If the front and rear lot lines are not
parallel, "lot depth" means the length of a
straight line joining the middle of the front
lot line with the middle of the rear lot line.
If there is no rear lot line, "lot depth" means the length of a straight line
joining the middle of the front lot line with the apex of the triangle formed
by the side lot lines.
Lot, Frontage Means the horizontal distance
between the side lot lines measured along the
front lot line between the side lot lines. Where
such side lot lines are not parallel, it shall be
the width of a lot measured between the
intersections of the side lot lines with a line 4.5
metres back from and parallel or concentric to
the front lot line.
Lot, Interior Means a lot other than a corner or a through lot which has
frontage on a public street.
Lot, Irregular Means a lot abutting more than one street, but not otherwise
defined herein.
Lot, Line Means a boundary line of a lot.
Lot Line, Exterior Side Means a lot line located between the front and
rear lot lines and dividing the lot from a street.
Lot Line, Front Means:
1.
In the case of an interior lot, the line dividing the lot from the
street.
2.
In the case of a corner lot, the shorter lot line abutting a street
shall be deemed to be the front lot line.
3.
In the case of a corner lot with
two street lines of equal
lengths, the lot line that abuts
the wider street, or abuts a
Provincial highway shall be
deemed to be the front line,
and in the case of both streets
being
under
the
same
jurisdiction and of the same
width, the lot line where the
principal access to the lot is
provided shall be deemed to
be the front lot line.
4.
In the case of a lot with frontage on a public street or private
road and on a water body, the front lot line shall be measured
both on the street line and on the water side.
Lot Line, Rear Means the lot line furthest from, and opposite to, the front
lot line, except in the case of a lot with frontage on a waterbody where
there is no rear lot line.
Lot Line, Side Means a lot line other than a front, rear or side exterior lot
line.
Lot, Through Means a lot having a frontage on two parallel or
approximately parallel streets.
Lot, Waterfront Means a lot with one lot line abutting the shoreline of a
waterbody.
Lot, Width Means the average horizontal dimension between the two
longest opposite sides.
Main Front Wall Means the exterior wall of the building, excluding the front
wall of an attached garage, and all structural members essential to the
support of a fully enclosed space or roof, that faces the front lot line.
Main Wall Means any exterior wall of a building and all structural members
essential to the support of a fully enclosed space or roof exclusive of
permitted projections.
Manufacturing Means the use of land, buildings or structures for the
purpose of producing, assembling, making, preparing, inspecting,
finishing, treating, altering, accessory warehousing or storing of any
goods, substance, article or service.
Marina Means a lot, building, structure on a waterfront with or without
docking facilities where boats and boat accessories are berthed,
constructed, stored, serviced, repaired or kept for sale or rent and where
the facilities for the sale of marine fuels, marine equipment, lubricants, bait
as well as the sale of foods, provisions or supplies as an accessory use
may be provided.
Marine Facility Means a non-commercial building or structure which is
used to moor, berth, or store a boat. This definition may include a boat
launching ramp, a boat lift, marine railway, dock or boathouse, but does
not include any building used for human habitation or a marina. A marine
facility shall also include a water intake facility and any flood or erosion
control structure.
Median Building Line See Established Building Line
Medical Equipment and Supply Outlet Means a building or structure that
provides specialized medical equipment, materials or supplies.
Medical Practitioner Means a doctor, dentist, chiropractor, chiropodist,
optometrist, oculist but shall not include a veterinarian.
Minimum Distance Separation Shall mean the "Minimum Distance
Separation I and II" of the Ontario Ministry of the Environment and the
Ontario Ministry of Agriculture and Food (March 1995 and any subsequent
amendments thereto).
Minor Means a variance from any provision of this By-law in respect to the
land, building or structure or the use thereof, which is desirable for the
appropriate development of the land, building or structure and which
maintains the general intent and purpose of the By-law and of the policies
implemented by the By-law.
Mobile Home Parcel Means the space for the placement of one mobile
home and for the exclusive use of its occupants.
Mobile Home Park Means land which has been provided and designed
for the location thereon of two (2) or more occupied mobile homes.
Modular Home Means a single detached dwelling consisting of one or
more modules which has been prefabricated or manufactured in
compliance with CSA A 277 in a factory remote from the site where it is
intended to be used and transported to the site for installation on a
permanent foundation, but does not include a Mobile Home or Park Model
Trailer as otherwise defined.
Motel Means a building or buildings designed or used for the
accommodation of the traveling or vacationing public, containing therein
three (3) or more guest rooms, each guest room having a separate
entrance directly from outside and may include an accessory eating
establishment.
Municipal Garage See Garage Municipal
Municipal Office Means an office occupied and or owned by the
municipality and used for municipal purposes.
Municipality See Corporation.
Museum Means the use of land, buildings or structures for the purposes
of assembling, preparing and displaying a collection or articles and
artifacts illustrating science, art, ancient life or other subjects and includes
accessory uses such as facilities for repair, renewing and storage and may
include retail outlets for souvenirs and refreshments.
Natural Heritage Features Means features and areas, such as significant
wetlands, significant woodlands, fish habitat, significant wildlife habitat and
significant areas of natural and scientific interest, which are important for
their environmental and social values as a legacy of the natural landscapes
of an area.
Negative Impacts Means:
1. In regard to fish habitat, the harmful alteration, disruption or
destruction of fish habitat, except where it has been authorized
under the Fisheries Act, using the guiding principle of no net loss
of productive capacity.
2. In regard to other natural heritage features and areas, the loss of
the natural features or ecological functions for which an area is
identified.
Nightclub Means a place where food or drink may be served and has an
open floor area used for dancing to music, and viewing musical
performances or other forms of entertainment.
No Encroachment Area Means an area on a lot where no development
shall be permitted, with the exception of surface landscaping, fences and
permitted projections.
Non-Conforming or Non-Complying Means any existing use, building,
structure or lot which does not conform with the requirements and
standards of this By-law.
Nursery See Commercial Greenhouse
Nursing Home, Home for the Aged, or a Long Term Care Facility
Means a building or premises used in accordance with the provisions of
the Nursing Homes Act, or the Homes for the Aged and Rest Homes Act,
the Long-Term Care Act or a home for the aged as provided for under the
Charitable Institutions Act respectively and amendments thereto.
Obnoxious Uses Means any use which is a nuisance to the occupant or
owner of any neighbouring lands or buildings by reason of the emission
form the neighbouring land or building or any part thereof, or the creation
thereon, of odours, gasses, dirt, radiation, smoke, noise, vibration, fumes,
cinders soot, waste or water carried waste, or depositing or leaving
unsightly objects or chattels thereon.
Office Means a building, structure or part thereof used for the purpose of
providing accommodation for the performance and transaction of business
including administrative, clerical and professional activities.
Office, Public Administration Means the use of a building for the
business and administration of a public authority.
Official Plan Means the Official Plan of the Town of Carleton Place or
parts thereof and amendments thereto and any Official Plan which may be
adopted by the Corporation or the County of Lanark.
One Hundred Year Flood Means that flood, based on an analysis of
precipitation, snow melt, or a combination thereof, having a return period
of 100 years on average, or having a 1% chance of occurring or being
exceeded in any given year.
Open Space Means the open, unobstructed space on a lot including
landscaped areas, pedestrian walkways, patios, pools or similar areas but
not including any deck, driveway, ramp, parking spaces or aisles, loading
spaces or maneuvering areas and similar areas.
Open Storage Means storage or display of goods, merchandise or
equipment outside of a building or structure on a lot or portion thereof. This
definition shall not include the open storage of goods or equipment
incidental to a residential occupancy of a lot, a parking area or parking
space or the outdoor display of a limited number of samples of goods,
merchandise or equipment for the purpose of sales and advertisement.
Open Storage Area Means an area within or outside of a building used or
intended for use for the open storage of goods, merchandise or equipment
which may or may not be intended for immediate sale.
Organic Solvents Means carbon-based substances that are capable of
dissolving or dispersing other substances. These include: carbon
tetrachloride, chloroform, methylene chloride (dichloromethane) and
pentachlorophenol.
Outdoor Café Means an outdoor area adjoining a restaurant, a bar or a
tavern, consisting of outdoor tables, carts and related decorations and
fixtures, and where meals or beverages are served to the public for
consumption on the premises. An outdoor café may be located within the
public road right-of-way where an encroachment agreement exists
between the operator and the Municipality.
Outdoor Display Area Means a portion of a lot used for exhibiting in an
orderly manner, completely assembled or finished merchandise,
equipment, goods or products sold by a retail or wholesale business on
the same lot.
Outdoor Recreational Facility Shall mean an establishment which
provides recreational activities primarily located outside of a building such
as golf driving range, miniature golf, lawn bowling, tennis court, model
airplane flying or similar activities. A Go cart Track is not included within
this definition.
Owner Means the person or organization who owns the land in or on which
a land use is located and who may be responsible for the establishment or
operation of that land use.
Park Means an area of land, whether enclosed or not, maintained by the
Corporation or other public authority for the enjoyment, health and well-
being of people and open to the public with or without charge and, for the
purposes of this definition, includes tourist campground facilities.
Parking Area Means a lot or portion thereof required in accordance with
the provisions of this By-law for the temporary storage or parking of motor
vehicles accessory or incidental to uses in all designations and shall not
include the storage or parking four (4) or more motor vehicles for hire and
gain, display or for sale.
Parking Facilities Means an area where vehicles are parked and may be
covered or uncovered.
Parking Lot A parking area forming the principal use of a lot.
Parking Space Means an area used for the temporary parking of one
motor vehicle and includes spaces for the handicapped.
Permitted Means permitted by this By-law.
Permitted Uses Means a use which is listed under the heading "Permitted
Uses" in the designation where such use is located. It should be noted that
unless the use has been specifically identified as permitted or discretionary
it is not permitted.
Person Shall include an individual, an association, a charted organization,
a firm a partnership, a corporation, an agent or trustee and the heirs,
executors or other legal representatives of a person to whom the context
can apply according to law.
Personal Service Business Means a place where:
1. A service is performed for the personal grooming and personal
effects or clothing of the consumer, including a hair styling salon,
spa, tanning salon, pet grooming services, shoe repair shop;
tailor shop or dressmaker shop; or licensed massage therapy
service; or
2. A consultation or information service is provided by a
professional, including a travel agency or an interior decorator.
Pharmacy A retail outlet which dispenses drugs by prescription.
Place of Worship Means a building or an open area dedicated to religious
worship.
Playground Means a park or part thereof which is equipped with active
recreational facilities oriented to children.
Police Station Means a building or structure used for the purposes of
supporting the provision of public police protection services and which can
include sleeping and dining facilities for police personnel, vehicle storage,
maintenance and repair facilities and office space.
Printing and Publishing Establishment Means a building or part thereof
used primarily for printing, regardless of the method, and publishing of
newspapers, periodicals, books, maps and similar publications and also
includes the sale and servicing of printing and duplicating equipment.
Private Club Means a building or part of a building used as a meeting
place by an association of persons who are bona fide members, which
owns, hires or leases the building or part thereof, the use of such premises
being restricted to members and their guests for social, cultural,
recreational, business or athletic purposes.
Private Road Means a private right-of-way over private property which
affords access to at least two (2) abutting lots and which is not maintained
by a Public Authority.
Propane/Compressed Natural Gas Transfer and Handling Facility
Means a transfer facility that is licensed under the provisions of the Energy
Act, Regulation 514-96.
Consumer outlet propane/compressed natural gas facility means a non-
retail facility licensed under the Energy Act, R.S.O., where vehicles,
appliance and other equipment of the business or establishment to which
the said facility belongs are refueled with petroleum fuels (propane and
natural gas).
Gas cylinder handling facility means a facility licensed under the Energy
Act, R.S.O., where bottled gases are handled and stored in cylinders and
where there is no element of transfer.
Bulk propane storage depot means a propane transfer facility that has an
aggregate capacity in excess of 47571 litres (2000 US gallons).
Propane Refilling Outlet Means a facility for the refilling or exchange of
portable propane tanks designed for home use and may include facilities
for the refueling of propane fueled vehicles.
Public Access Point Means public land designated by the appropriate
authority and developed and maintained by the authority as a public
access to a navigable water body.
Public Authority Means any School Board, Public Utility Commission,
Transportation Commission, Public Library Board, Board of Parks and
Management, Board of Health, Board of Commissioners of Police, or other
board or commission or committee of a local authority established or
exercising any power or authority under any general or special statute of
Ontario with respect to any of the affairs or purposes of a municipality or a
portion thereof and includes any committee or local authority established
by By-law of the municipality.
Public Market Means the use of a building, structure or lot for the purpose
of selling any or all of produce, fish, seafood, fruits, meats, dairy product,
plants and crafts, but does not include a flea market.
Public Service Area Means the area served by City-owned and operated
water and wastewater services.
Public Square Means an open landscaped public space commonly found
in the heart of a neighborhood or community capable of being used for
community gatherings including festivals, concerts and special events and
may include accessory retail uses on a temporary basis.
Public Street Means a public or common highway affording the principal
means of access to abutting properties which has been dedicated to and/or
assumed by a public authority.
Public Use Means a building, structure or lot used for public services by
the Town of Carleton Place or the County of Lanark and any Boards or
Commissions thereof, and any Ministry or Commission of the
Governments of Ontario or Canada, any telephone, telegraph or railway
company, any company supplying natural gas, Ontario Hydro, and
Conservation Authority, Public Utilities Company or similarly recognized
agencies.
Public Utility Means a water works or water supply system, sewage
works, electrical power or energy generating transmission or distribution
system, street lighting system, natural or artificial gas works or supply
system, a transportation system or a telephone system, scientific research
system, and includes any lands, buildings or equipment required for the
administration or operation of any such system and which is operated by
a public authority or a publicly governed company.
Putrescible Means able to decompose quickly enough to cause odours
and attract flies, such as putrescible waste.
Recreation Facility Means the use of a building or open space area for
recreation purposes.
Recreational Trailer Means a structure designed to provide temporary
living accommodation for travel, vacation or recreational use and to be
driven, towed or transported and without limiting the generality of the
foregoing includes folding camping trailers, travel trailers and motor
homes.
Recreational Vehicle Shall mean any vehicle so constructed that is
suitable for being attached to a motor vehicle for the purpose of being
drawn or is self-propelled, and is capable of being used on a short term
basis for living, sleeping or eating accommodation of persons. The term
recreational vehicle includes the following: motor homes, travel trailers,
tent trailers, camper, motor homes but does not include a mobile home,
recreational equipment such as boats, snowmobiles, personal water craft,
all terrain vehicles or other equipment used for recreational purposes.
Recreational Vehicle Sales and Storage Means a building and/or lot
which is used for the display, storage and/or sale of boats, trailers,
campers and other recreational vehicles or recreational equipment.
Recycling Depot or Transfer Station Means a special waste
management facility which serves as a temporary storage site for clean
materials such as glass, paper, cardboard, plastic, metal and other similar
products which will be transferred to another location for reuse. This
definition does not include any other type of waste management system.
Redevelopment Means a removal or rehabilitation of buildings or
structures and the construction, reconstruction or erection of other
buildings or structures in their place.
Religious Institution See Place of Worship
Repair Shop See Service and Repair Establishment
Residential Care Facility Means a facility that provides custodial care to
persons who because of physical, mental or emotional disorders cannot
live independently.
Restaurant Means:
1.
Fast-food restaurant which means a restaurant that
sells food and beverages over a counter to its
customers for consumption in the restaurant, for
consumption in a motor vehicle on the premises, or for
consumption off the premises;
2.
Full-service restaurant which means a restaurant that
sells and serves food and beverages to patrons seated
at tables, for consumption on the premises; and
3.
Take-out restaurant which means a restaurant that
does not have seating capacity for diners and instead:
a)
sells food and beverages over the counter for
pick-up by the consumer for consumption off the
premises, or
b)
delivers food and beverages directly to the
consumer for consumption off the premises,
whether located in a building, a motor vehicle or
a trailer.
Retail Outlet, Accessory Means a building or part of a building accessory
to a permitted use, in which goods, wares, merchandise, substances,
articles or things are offered or kept for retail sale to the public.
Retail Store Means a building wherein goods, wares, merchandise,
substances or articles are offered for sale to the general public, and may
include the limited storage and display of goods, wares, merchandise,
substances or articles. A retail store may include the sale of food stuffs;
such as baking, dairy, fruit or vegetables and meat.
Retirement Home Means a residence providing accommodations
primarily for retired individuals or couples where each private bedroom or
living unit has a separate private bathroom and separate entrance from a
common hall but where common facilities for the preparation and
consumption of food are provided, and common lounges, recreation rooms
and medical care facilities may also be provided.
Re-vegetation Means the planting or planting and regeneration of native
vegetation in order to restore a shoreline buffer.
Road See public street.
Road Allowance Means a public highway and includes the surface of
which is not improved for use by vehicular traffic and is not maintained by
a Public Authority.
Salvage Yard Means a lot and/or building or portion thereof where used
goods, wares, merchandise, articles, motor vehicles, machinery or parts
thereof are processed or sold for further use, dismantled or abandoned.
This definition may include a junkyard, a scrap metal yard, a recycling
depot and an automobile wrecking yard on the premises.
Sample and Showroom Means a building or part of a building used for
the display of samples, patterns or other goods for viewing by the
consumer and where purchase orders are taken.
Sanitary Sewage Works Means a system of underground conduits,
operated by the Corporation or by the Ministry of Environment and which
carries sewage to a sewage treatment facility.
Satellite Dish/Receiver Means a structure designed, used or intended to
be used to send or receive signals to or from a satellite.
Sawmill or Planing Mill Means a building, structure or area where timber
is cut or sawed, either to finished lumber or as an intermediary step.
Sauna Means an accessory building or structure not exceeding 10 square
metres (107 square feet) wherein facilities are provided for the purpose of
a steam bath and may include a change room and shower and may be
constructed as part of a boat house.
School Shall mean a public educational establishment operated by a
School Board.
School, Private Means an educational establishment, other than a
School, wherein teaching or instruction is offered for gain in such fields as
academics, dancing, music, art, sports, business or trade, and any other
such specialized school conducted for gain, and also includes such fields
as a studio for photography and arts and crafts.
Seat Means a place on or in which one sits. Where provided by benches,
forms or pews, each 0.6 linear metre (2.0 feet) of seating space shall be
the equivalent of one (1) seat.
Seating Capacity Means the number of persons which can be
accommodated in a building or structure or part thereof in a seated position
on chairs, benches, forms or pews.
Secondary Suite Means a separate self-contained dwelling unit located
within a single dwelling, a duplex, a semi-detached dwelling or a
townhouse or ancillary building.
Senior's Residential Dwelling Means a dwelling or collection of dwellings
used primarily by the aged.
Sensitive Land Use Means buildings, amenity areas or outdoor spaces
where routine or normal activities occurring as reasonable expected times
would experience on or more adverse effects from contaminant discharges
generated by a nearby facility and includes a dwelling, day care centre and
an educational or health facility.
Service or Repair Establishment Means the use of a building for the
servicing or repairing of articles, goods or materials, and includes sales
accessory to the principal use. A service or repair shop does not include
the manufacture of articles, goods or materials or include a use otherwise
defined by this By-law.
Setback Shall mean:
1.
With reference to a road or street, the least horizontal distance
between the front lot line and the nearest building line.
2.
With reference to an interior lot or a through lot, the space
between the front lot line and the nearest portion of the main
wall of a building.
3.
With reference to a corner lot, the space between the nearest
portion of the main wall of a building and the street line, and
the space between the side lot line abutting the flanking street,
and the nearest portion of the main wall of a building.
Sewage and Water Systems
Full Municipal Sewage and Water Services Means piped sewage and
water services that are connected to a centralized water and waste water
treatment facility.
Communal Services Means sewage works and sewage systems and
water works that provide for the distribution, collection or treatment of
sewage or water but which; are not connected to full municipal sewage
and water services; are for the common use of more than five residential
units/lots; are owned, operated, and managed by a municipality or, another
public body, or a condominium corporation or single owner which has
entered into an agreement with the municipality or public body, pursuant
to Section 51 of the Planning Act, providing for municipal/public body
assumption of the communal services in the event of default by the owner.
Individual On-Site Systems Means individual autonomous water supply
and sewage disposal systems that are owned, operated and managed by
the owner of the property upon which the system is located and which do
not serve more than five residential units/lots.
Partial Services Means connection to one communal service or full
municipal service where the other connection will be to an individual on-
site system.
Shoreline Means those lands extending from the average annual water
level which have potential and direct significant impact on near shore
waters and the shore ecosystem through run-off, and where land use
activity is primarily water oriented.
Shoreline Structure Means a boat house (wet or dry), a boat port, a float
plane hangar, a sauna or steam bath, a dock or wharf, a gazebo, a utility
or storage shed or a viewing deck.
Side Wall Means the exterior wall of a building; and all structural members
essential to the support of a fully enclosed space or roof.
Sight Triangle Means a triangular space, free of buildings, structures and
obstructions, formed by the street lines abutting a corner lot and a third line
drawn from a point on a street line to another point on a street line, each
such point being the required sight distance from the point of intersection
of the street lines as specified in this By-law.
Sign Shall mean any writing., letter work or numeral, any pictorial
representation, illustration, drawing, image or decoration, any emblem,
logo, symbol or trademark or any device with similar characteristics which:
1. Is a structure, or part of a structure, or which is attached
thereto or mounted thereon; and
2. Which is used to advertise, inform, announce, claim, give
publicity or attract attention.
Site Alteration Means a change to the existing topography by more than
0.3 metres (1 foot) and over an area exceeding 9.29 square metres (100
square feet).
Solid Waste Disposal Site See Waste Disposal
Steep slope Means a slope of more than 30%.
Storage, Establishment Means the use of land, buildings or structures for
the primary purpose of storing of chattels such as boats or heavy
equipment. A storage establishment may include accessory structures for
the management and operation of the establishment, but does not include
the overnight accommodation of humans or any use otherwise defined in
this By-law.
Storage, Outdoor Means the use of an area of land outside of a building
or structure intended for the storage of equipment, chattels, goods or
materials integral to a principal use on a regular basis for a time period
greater than 72 hours.
Storage Shed Means an accessory building used for the storage of
household items and equipment incidental to a residential occupancy.
Storey Means that portion of a building other than a cellar or basement
included between the surface of any floor and the surface of the floor, roof
deck, ceiling or roof immediately above it.
First Storey means the storey with its floor closest to finished grade and
having its ceiling at least 1.5 metres (4.92 feet) above finished grade.
One-half Storey means that portion of a building situated wholly or partly
within the roof and in which there is a vertical dimension of at least 2.0
metres (6.56 feet) (measured from finished floor to finished ceiling) over a
floor area equal to at least 50% of the floor area of the storey next below.
Attic means that portion of a building situated wholly or partly within the
roof but which is not a one-half storey.
Basement means any storey below the first storey which is at least 50%
above finished grade (measured from finished floor to finished ceiling).
Cellar means any storey below the first storey which is more than 50%
below finished grade (measured from finished floor to finished ceiling).
Straight Line Projection Means the straight-line extension or projection
of a lot line.
Street or Road Means a public or common highway affording principal
means of access to abutting properties. This definition shall not include a
private land or private right- of -way.
Street Allowance Shall have a corresponding meaning to that of Public
Street or Private Road.
Street Line Means the limit of the road or street allowance and is the
dividing line between a lot and a Public Street or Private Road.
Structure Means anything constructed or erected, either permanent or
temporary, the use of which requires location on the ground or attachment
to something having location on the ground. For the purposes of this By-
law, a fence not exceeding 2 metres (6.56 feet) in height, garbage cans,
signage and benches shall be deemed not to be a structure.
Studio Means a building or part thereof used, as the workplace of a
photographer, artist, or artisan or for the instruction of art, music,
languages or similar disciplines.
Swimming Pool Means an outdoor or indoor pool used for swimming,
wading, diving or recreational bathing which is at least 60 centimetres
(23.5 inches) in depth, but does not include a hot tub, spa or whirlpool.
Tarpaulin Structure Means a supporting metal pole frame structure with
a fabric cover made of canvas nylon or similar material. Such structure
must be ancillary to a main permitted use and can be dismantled and
moved.
Temporary Use Means a use established for a fixed period of time by By-
law under Section 38 of the Planning Act, R.S.O., 1990, as amended, with
the intent to discontinue such use upon the expiration of the time period.
Theatre, Cinema Theatre means a building or part of a building which is
used for the presentation of live, dramatic or musical performances or
entertainment.
Cinema means a building or part of a building devoted to the showing of
motion pictures.
Top of Slope Means the point of line which is the beginning of a significant
change in the elevation of the land surface, and from which the land
surface slopes downward toward an existing (or abandoned) watercourse
(or lake).
Transport Trailer Means any vehicle so constructed that it is suitable for
being attached to a motor vehicle or tractor and capable of being used for
transporting goods, materials or livestock, despite that such vehicle is
jacked up or its running gear is removed.
Transportation Depot Means land, or a structure or a building where
commercial vehicles are kept for hire, rental and/or lease, or stored and/or
parked for remuneration and/or from which such vehicles are dispatched
for hire as common carriers and where such land, structure or building may
be used for the storage and/or distribution of goods, wares, and
merchandise.
Unclassified Wetland Means lands that are seasonally or permanently
covered by shallow water, as well as lands where the water table is close
to or at the surface. In either case the presence of abundant water has
caused the formation of hydric soils and has favoured the dominance of
either hydrophytic or water tolerant plants. The edge of a unclassified
wetland shall be defined as being where greater than 50% of the plant
community consists of hydrophytic or water tolerant species. For the
purpose of this By-law, such areas have not been classified as being of
Provincial significance under the Provincial Policy Statement. Lands being
used for agricultural purposes, that are periodically "soaked" or "wet", are
not considered to be unclassified wetlands in this definition.
Uniform Supply and Sales Means the use of a building or structure that
supplies uniforms to professionals.
Use Means the purpose for which land, buildings or structures may be
arranged, designed, designated, intended, maintained or occupied; and
The occupation, business, activity, or operation carried on, or intended to
be carried on the land or in a building or structure for which it is arranged,
designed, designated, intended, maintained or occupied.
Use, Accessory Means a use customarily incidental and subordinate to
the main use or main building and located on the same lot with such
principal use or principal building.
Use, Discretionary Means a use which may be permitted, subject to a
municipal review to confirm that the use is both desirable and appropriate
in the proposed location on the basis of the physical and functional design
of the structure(s) and use(s) and subject to the provisions of the
applicable Area Designation.
Use, Principal Means the predominant purpose for which any land,
building or structure, or part thereof is used, designed, arranged, occupied
or maintained.
Utility Means a public utility as defined in the Highway Traffic Act.
Vegetation Means healthy, woody vegetation which measures at least 4
feet in height.
Vegetation Removal Means the removal of healthy, woody vegetation of
at least 4 feet in height, but does not include trimming, pruning and removal
of such woody vegetation if it presents a hazard to life or property.
Vehicle Means a motor vehicle, traction engine, farm tractor, road-building
machine, bicycle and any vehicle drawn, propelled or driven by any kind
of power, including muscular power, but does not include a snowmobile,
ATV or a street car.
Veterinary Establishment Means a building or part of a building used by
a veterinary surgeon where animals, birds or other livestock are treated
and where domestic animals and/or birds may be kept for treatment.
Warehouse Means a building or structure or portion thereof used or
intended to be used for the bulk storage of goods, merchandise, or
material.
Waste Disposal Site Means a site which is licensed or approved by the
Ministry of the Environment and/or its agents where garage, refuse,
domestic or industrial waste, excluding radioactive or toxic chemical
wastes is disposed of or dumped. This definition shall include waste
transfer stations and recycling depots. (See also Recycling Depot).
Waste Disposal Site Influence Area Means the area where the possible
effects of a Waste Disposal Site, including landfill-generated gases,
ground and surface water contamination by leachate, odour, litter,
contaminant discharges from associated vehicular traffic, visual impact,
dust, noise, other air emissions, fires, surface runoff, and vectors and
vermin, are most likely to occur.
Water Frontage Means a lot which has one or more lot lines abutting a
navigable watercourse, bay or lake.
Water Works System Means the supply and distribution system of
underground or underground piping and related storage or reservoir,
including pumping and purification appurtenances and water filtration plant
which is owned and operated by the Corporation or by its designate.
Watercourse Means the natural channel for a perennial or intermittent
body of water, including a river or stream with well defined banks and a
bed.
Wholesale Establishment Means a building, structure or part thereof
used or intended to be used for the bulk storage and sale of quantities of
goods, commodities, wares, merchandise, or materials for resale or
business use.
Wildlife Habitat Means areas where plants, animals and other organisms
live, and find adequate amounts of food, water shelter and space needed
to sustain their populations. Specific wildlife habitats of concern may
include areas where species concentrate at a vulnerable point in their
annual life cycle; and areas which are important to migratory or non-
migratory species.
Woodlands Means treed areas that provide environmental and economic
benefits such as erosion prevention, water retention, provision of habitat,
recreation and the sustainable harvest of woodland products. Woodlands
also include treed areas, woodlots or forested areas and vary in their level
of significance.
Workshop Means a building, structure or part thereof where
manufacturing is performed by a tradesman, requiring manual or
mechanical skills and may include a carpenter's shop, a locksmith's shop,
a gunsmith's shop, a tinsmith's shop, a commercial welder's shop or
similar uses.
Yard Means the area between a main wall of a building and a lot line that,
except for landscaping or accessory buildings and projections specifically
permitted elsewhere in this By-law, is unobstructed above grade.
Yard, Front Means a yard extending across the full width of the lot
between the front lot line and a line drawn parallel or concentric thereto
and through the point of the main wall of a main building closest to the front
lot line.
Yard, Rear Means a yard extending across the full width of the lot between
the rear lot line and a line drawn parallel or concentric thereto and through
the point of the main wall of the main building closest to the rear lot line.
Where there is no rear lot line, the Yard, Rear shall be measured from the
intersection of the side lot lines to the closest point of the main wall of the
main building. In the case of a lot on a waterbody, the rear yard shall be
considered to be on the opposite side of the principle access to the
building.
Yard, Required Means the minimum and maximum yard required by the
standards, provisions and requirements of this By-law.
Yard, Shoreline Means a yard extending across the full width of the lot
situated between the shoreline and a line parallel thereto and passing
through the nearest point of the outside edge of walls or posts of a building
or structure, including any attached or directly adjacent deck, or the
nearest open storage on the lot.
Yard, Interior Side Means a yard extending from the front yard to the rear
yard between the side lot line and a line drawn parallel or concentric
thereto and through the point of the main wall of a building closest to the
side lot line.
Yard, Exterior Side Means a side yard adjacent to a public street. In the
case of an irregular lot, if a proposed building or structure conforms to the
yard requirements but would be located closer to the property limit than
the minimum distance required, the minimum distance required shall be
applied between the property limit and the closest part of the building or
structure.
Yard, Side Interior Means a side yard other than an exterior side yard.
DEVELOPMENT PERMIT BY-LAW
SCHEDULE A -