This is the exact embedded text of the captured official document.
Snapshot bbb32fe38a6c · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
T HE T OWNSHIP OF CARLOW/MAYO
COMPREHE NSIVE ZONINGBY-LAW NO: 33-2004
Prepared by:
AINLE Y GRAHAM & ASSOCIAT ES LIMIT ED
CONSUL T ING ENGINEE RS AND PL ANNER S
45 SOUT H FRONT ST REET
BE LLE VILLE, ONTARIO
K8N 2Y5
DECEMBE R, 2004
FILE NO.: 21535-1
T OWNSHIP OF CARLOW/MAYO
ZONINGBY-LAW NO: 33-2004
T A B L E
O F
C O N T E N T S
Page
SECTION 1 - PURPOSE.....................................................................................................................1
SECTION 2 - TITLE.............................................................................................................................1
SECTION 3 - DEFINITIONS ...............................................................................................................2
SECTION 4 - ADMINISTRATION.....................................................................................................28
4.1
ZONING ADMINISTRATION...................................................................................28
4.2
ISSUANCE OF BUILDING PERMITS ........................................................................28
4.3
APPLICATIONS FOR BUILDING PERMITS..............................................................28
4.4
INSPECTION OF LAND OR BUILDINGS.................................................................29
4.5
VIOLATIONS AND PENALTIES ...............................................................................29
4.6
OCCUPATION OF BUILDINGS..............................................................................29
4.7
CERTIFICATE OF CONVERSION...........................................................................29
4.8
VALIDITY, EFFECTIVE DATE AND EXISTING BY-LAWS ..........................................30
SECTION 5 - GENERAL PROVISIONS............................................................................................31
5.1
APPLICATION ........................................................................................................31
5.2
INTERPRETATION ...................................................................................................31
5.3
ZONES ....................................................................................................................31
5.4
HOLDING ZONES ..................................................................................................32
5.5
PROHIBITIONS........................................................................................................33
5.6
PLANNED WIDTH OF ROAD .................................................................................34
5.7ENVIRONMENTAL PROTECTION (EP) AND ENVIRONMENTAL
PROTECTION WETLAND (EPW) ZONES ........................................34
5.8ENVIRONMENTALLY SENSITIVE LANDS .......................................................................35
5.9
LANDS
ADJACENT
TO
WATERBODIES,
WATERCOURSES, EMBANKMENTS,
FLOODPLAINS AND ENVIRONMENTALLY SENSITIVE LANDS..............................35
5.10
NON-CONFORMING USES...................................................................................37
5.11
NON-COMPLIANCE OF EXISTING USES ..............................................................37
5.12
REPLACEMENT OF BUILDINGS OR STRUCTURES .................................................38
5.13
EXISTING UNDERSIZED LOTS .................................................................................38
5.14
YARD ENCROACHMENTS PERMITTED .................................................................38
5.15
LANDS SEVERED BY PUBLIC UTILITY LINES............................................................39
5.16
TEMPORARY USES.................................................................................................39
5.17
PUBLIC USES AND UTILITIES AND COMMUNITY FACILITIES.................................39
5.18
MULTIPLE USES ON ONE LOT ................................................................................40
5.19DWELLING OR DWELLING UNIT AS AN ACCESSORY USE IN A
NON-RESIDENTIAL SETTING ......................................................................40
5.20
PROHIBITED USES...................................................................................................41
5.21KENNELS......................................................................................................................41
5.22SPECIAL OCCASION USES ........................................................................................42
5.23
TRUCK, BUS AND COACH BODIES ......................................................................42
5.24
SWIMMING POOLS...............................................................................................42
5.25
ACCESSORY BUILDINGS.......................................................................................43
5.26
FRONTAGE ON A STREET......................................................................................43
5.27
RESIDENTIAL EXTERIOR SIDE YARDS.....................................................................44
5.28
SIGHT TRIANGLES..................................................................................................44
5.29
HOME OCCUPATIONS .........................................................................................44
5.30
HOME INDUSTRY...................................................................................................45
5.31
OFF STREET PARKING PROVISION .......................................................................46
5.32
LOADING SPACE REQUIREMENTS.......................................................................51
5.33
GROUP HOMES.....................................................................................................51
5.34
GARDEN SUITES.....................................................................................................52
5.35
AREAS OF INFLUENCE ..........................................................................................52
5.36
AGRICULTURE - MINIMUM DISTANCE SEPARATION...........................................53
5.37
SECONDARY FARM OCCUPATION.....................................................................53
5.38WATERTAKING PERMITS.............................................................................................54
5.39OPEN STORAGE .........................................................................................................54
5.40EXTERNAL DESIGN .....................................................................................................54
5.41HEIGHT EXCEPTIONS..................................................................................................54
5.42INTERIOR SIDE YARD - MARINE FACILITIES AND COMMUNAL DOCKS .................54
5.43TRAVELTRAILERS, MOTORIZEDMOBILEHOMES/RECREATIONAL VEHICLES,CAMPER
TRAILERS, TRUCK CAMPERS .................................................................................55
5.44MODULAR HOMES.....................................................................................................55
5.45FENCES .......................................................................................................................55
5.46 MINIMUM GROSS FLOOR AREA IN A DWELLING UNIT ..........................................55
SECTION 6 - RU - RURAL ZONE .....................................................................................................56
SECTION 7 - RR - RURAL RESIDENTIAL ZONE ...............................................................................60
SECTION 8- MHR - MOBILE HOME RESIDENTIAL ZONE...............................................................65
SECTION 9 - R - RESIDENTIAL ZONE .............................................................................................67
SECTION 10 - C - COMMERCIAL ZONE.......................................................................................71
SECTION 11 - RRC - RECREATIONAL/RESORT COMMERCIAL ZONE ........................................76
SECTION 12 - I - INDUSTRIAL ZONE ..............................................................................................80
SECTION 13 - MX - MINERAL EXTRACTIVE ZONE ........................................................................84
SECTION 14 - WD - WASTE DISPOSAL ZONE ...............................................................................86
SECTION 15 - CF - COMMUNITY FACILITY ZONE ........................................................................89
SECTION 16 - GH - GROUP HOME ZONE ....................................................................................91
SECTION 17 - OS - OPEN SPACE ZONE .......................................................................................93
SECTION 18 - EPW - ENVIRONMENTAL PROTECTION WETLAND ZONE....................................94
SECTION 19 - EP - ENVIRONMENTAL PROTECTION ZONE .........................................................95
APPENDIX 1
-
MINIMUM DISTANCE SEPARATION I
APPENDIX 2
-
MINIMUM DISTANCE SEPARATION II
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
T HE CORPORAT ION OF T HE CARLOW/MAYO
ZONINGBY-LAW
(By-law No. 33-2004)
SECT ION 1 - PURPOSE
This comprehensive Zoning By-law is intended to prohibit the use of land and theerection or
use of buildings or structures for or except for such purposes as set down in this by-law; to
prohibit the erection or use of buildings on land which is subject to flooding, or on land by
reason of its rocky, marshy or unstable character the cost of construction of satisfactory
waterworks, sewage, or drainage facilities is prohibitive; to regulate the height, bulk,
location, size, floor area, spacing, character and use of buildings or structures; to regulate
the minimum frontage and depth of a parcel of land and the portion of the area thereof
that any building or structure may occupy; to require loading and parking facilities for
buildings or structures erected or used for certain purposes; to prohibit the making or
establishment of pits and quarries within defined areas and to regulate the making or
establishment of pits and quarries within defined areas of the municipality.
SECT ION 2 - T IT LE
This By-law shall be cited as "Zoning By-law No. 33-2004" and shall apply to all land included
within the Township of Carlow/Mayo as shown on the attached Schedules.
BY-LAW 9-86 OF T HE T OWNSHIP OF MAYO AND ALL AMENDMENTS HERET O ARE HEREBY
REPE ALED.
BY-LAW 86/4 OF T HE T OWNSHIP OF CARLOW AND ALL AMENDMENTS HERET OARE HEREBY
REPE ALED.
READ A FIRST T IME T HIS 7th DAY OF December, 2004.
READ A SECOND T IME T HIS 7th DAY OF December, 2004.
READ A T HIRD T IME AND FINALLY PASS ED T HIS 7th DAY OF December, 2004
Original Signed by:
Original Signed by:
Reeve
Clerk-T reasurer
I hereby certifythat thefollowingis a truecopy of By-law No. 33-2004 enacted by theCouncil of the
Corporation of theT ownshipof Carlow/Mayo.
7th day of December, 2004
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
Clerk-Administrator, T ownshipof Carlow/Mayo
SECT ION 3 - DEFINITIONS
For the purposes of this By-law, the definitions and interpretations in this Section shall govern
unless the context indicates otherwise. The word "shall" is mandatory and not directory.
Words used in the present tense include the future tense and the reverse. Words used in the
plural number include the singular number and the reverse.
3.1
"ABANDONED" shall mean the failure to proceed expeditiously with the construction
of a work, specifically abeyance of construction for six months.
3.2
"ABATT OIR" shall mean a slaughter-house designedfor thepurposeof killinganimals,
skinning, dressing and cutting up of carcasses, wrapping for sale for human
consumption with cooler and freezer storage and may include indoor confinement
of animals while awaiting slaughter but shall not include the manufacturing of meat
by-products or any process related to rendering plants such as the manufacture of
tallow, grease, glue, fertilizer, or any other inedible product.
3.3
"ACCESSORY BUILDING" shall mean a detached building or structure, the use of
which is customarily incidental and subordinate to a principal use, building or
structure and located on the same lot therewith and includes, but is not limited to,
the following: sauna, boathouse, gazebo, pumphouse, storage shed, deck,
detached private garage and detached carport.
3.4
"ACCESSORY US E" shall mean a use customarily incidentaland subordinateto,and
exclusively devoted to the main use of the lot, building or structure and located on
the same lot as such main use.
3.5
"ADJACENT LANDS (WE T LAND)"shall mean thoselandswithin 120metres(393.7 ft.)of
an individual Environmental Protection Wetland Zone.
3.6
"AGRICULT UR E/AGRICULT UR AL US E"
shall mean the use of land, buildings or
structures for the purposes of the growing of field crops, flower gardening, market
gardening, berry crops, treecrops,nurseries,aviaries, apiaries or farms for thegrazing,
breeding, raising, boarding of livestock or any other similar usescarriedon in thefield
of general agriculture, including the sale of such produce, crops or livestock on the
same lot.
3.7
"AGRICULT UR E, INTENSIVE" shall mean lands which are used for the purposes of
accommodating livestock which either exceed 150 livestock units, or exceed 50
livestock units with a livestock density of greater than 5 livestock units per tillable
hectare.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
3
3.8
"AGRICULT UR AL PR ODUCE SALES OUT LET " shall mean a seasonal use accessory to
a farm which consists of the retail sale of agricultural products such as fruit,
vegetables, flower or farm produce, the majority of whichareproducedon thefarm
where such outlet is located.
3.9
"ALT ER" shall mean any alteration in a bearing wall or partition, column, beam,
girder or other supporting member of a building or structure or any increase in the
area or cubic contents of a building or structure. When used in reference to a lot,
the word "alter" means to decrease the width, depth or area of any required yard,
setback, landscaped open space or parking area or to change the location of any
boundary of such lot with respect to a public highway or laneway, whether such
alteration is made by conveyance or alienation of any portion of said lot or
otherwise.
The words "altered" and "alteration" shall have a corresponding
meaning.
3.10
"AMUS EMENT ARCADE" shall mean a building or place of amusement containing
games of chance and/or skill, includingpinball/videogamesand billiards to be used
by the general public for recreational purposes and operated for a profit.
This
definition does not include an establishment, the primary use of which is not an
amusement arcade and in which not more than 3 such games of chance are
located.
3.11
"ARENA" shall mean a building or structure constructedaround an ice rink,including
spectator seating, two or more seating areas for visiting teams and provisions made
for storage and access of ice cleaning equipment and all otherrequired equipment
used for the purpose of organized activities including sports and other group
functions.
3.12
"ASSEMBLY HALL" shall mean a building, or part of a building, in which facilities are
provided for such purposes as meetings for civic, educational, political, religious or
social purposes and shall include a banquet hall, private club or fraternal
organization.
3.13
"ASSEMBLY OPE RAT ION" shall mean the assembling of finished partsor materials into
a final product but shall not include any large scale manufacturingoperation or any
operation discharging large amounts of liquids.
3.14
"AUCTION OUT LE T " shall mean a building or part of a building where goods,
merchandise, substances, articles or things are sold at a public sale to the person
who bids or offers a higher price than any other is willing to pay.
3.15
"AUT OMOBILE " shall mean any vehicle, including a motorvehicle,propelledor driven
otherwise than by muscular power, but does not include railway cars powered by
steam, electricity or diesel fuel or other vehicles running upon rails or a motorized
snow vehicle, traction engine,farm tractor, self-propelledimplementof husbandry or
road-building machine within the meaning of the Highway Traffic Act.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
4
3.16
"AUT OMOBILE BODY SHOP" shall mean a building where automotive cleaning,
polishing, body repair and repainting is conducted but shall not include any other
automotive use.
3.17
"AUT OMOBILE SALES AGENCY (NewandUsed)"shall mean a building and/or lot used
for the display and sale of new and usedautomobiles andmay includetheservicing,
repair and repainting of automobiles, the leasing or renting of utility or boat trailers
and automobiles and the sale of automotive accessories and related products, but
shall not include any other defined automotive use.
3.18
"AUT OMOBILE SERVICE ST AT ION" shall mean a building or place where gasoline,
propane, natural gas, diesel, oil, grease, anti-freeze, tires, tubes, tire accessories,
spark plugs, batteries and other related items for automobiles, trucks, motorcycles,
and snowmobiles are stored or kept for sale, or where such vehicles may be oiled,
greased, washed or have their ignitions or brakes adjusted, tires inflated, batteries
charged or more generally where repair or equipping of automobiles is executed or
performed. An automobile service station may operate on a self-serve basis.
3.19
"BASE MENT" shall mean that portion of a building or structure which is partly
underground and below the first floor and which has at least one half of its clear
height above the adjoining ground level.
3.20
"BASEMENT, WALKOUT" shall mean that portion of a building which is partly
underground, but which has more than 50% of the floor area not greater than .5
metres below grade, and which has an entrance and exit at grade level.
3.21
"BE D AND BR EAKFAST EST ABLISHMENT" shall mean a single detached dwelling
containing not more than 6 guest rooms used or maintained for the short-term
accommodation of the public, in whichtheowneror headlesseesupplies, for hireor
gain, lodgings with or withoutmeals for 6 or more persons but does not include other
establishments otherwise defined or classified herein.
3.22
"BOARDINGOR ROOMINGHOUSE" shall mean a dwelling in which long-term lodging
with or without meals is supplied for gain to not more than 10 guest rooms but does
not mean or include a motel,hotel,hospital or similarcommercial, community facility
or institutional use, an apartment building or a bed and breakfast establishment.
3.23
"BOAT HOUSE, PRIVAT E" shall mean a detached accessory building or structure
which is designed or used for the sheltering of a boat or other form of water
transportation and storage of household equipment incidental to the residential
occupancy, which does not exceed 4.1 m (13.45 ft.) in height, as defined in this by-
law.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
5
3.24
"BUILDING (when used as a noun)" shall mean any structure whether temporary or
permanent, used or built for the shelter, accommodation or enclosure of persons,
animals, materials, or equipment. Any tent, awning, bin, silo, vessel or vehicle used
for any of the said purposes shall be deemed a building.
3.25
"BUILDINGHEIGHT" shall mean the vertical distance between the establishedgrade
and:
i)
the highest point of a flat roof;
ii)
the deck line of a mansard roof;
iii)
the mean height between the eaves and ridges of a gabled or hip roof;
but exclusive of:
i)
a roof or penthouse structure accommodating an elevator, staircase, tank,
ventilating fan or other similar equipment; a smoke stack; barn; silo;
communications tower; drive-in theatre screen; or other utilitarian structure
which does not provide habitable living space.
3.26
"BUILDING SUPPL Y OUT LET " shall mean an establishment involved in the storage,
display and sales of building supplies including lumber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioning and similar items.
3.27
"BUILDING, PR INCIPAL" shall mean a building or structure in which the primary use is
conducted.
3.28
"BUL K ST ORAGE YARD" shall mean a place where land is used for the storage in the
open of goods and materials, machinery, petroleum products and/or equipment,
but does not include the storage of such items as would require approval under the
Health Promotion and Protection Act, as amended, nor does it include a salvage
yard as defined by this by-law.
3.29
"BUSINES S, ADMINIST RAT IVE OR PR OFESSIONAL OFFICE" shall mean any building or
part of a building in which one or more personsare employedin themanagementor
direction of any agency, business, brokerage, labour or fraternal organization and
shall include offices for doctors, dentists, optometrists, chiropractors, drugless
practitioners, barristers, solicitors, engineers, architects, land surveyors or chartered
accountants and for any purpose incidental thereto the administrative office or
offices of a non-profit organization or a business, administrative or professional office
or offices.
3.30
"BY-LAW ENFORCEMENT OFFICER" shall mean the officer or employee of the
municipality appointed by the Corporation with the duty of administering and
enforcing the provisions of all municipal by-laws, in conjunction with the Chief
Building Official.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
6
3.31
"CABIN, SLEEPING"shall mean an accessory and subordinate detached building or
structure with a maximum of 29.7 sq. m (320 sq. ft.) designed as sleeping
accommodation only to permit the better or more convenient enjoyment of the
principal seasonal residential dwelling and shallnotcontainany plumbingor sanitary
waste disposal systems.
In no case shall the definition of a sleeping cabin be
deemed to include a premises for the temporary accommodation of members of
the public for a fee. In the case of a sleeping cabin to be located on a lot which is
at least two times the minimum lot frontage and lot area required by this By-law, a
maximum of 55.7 sq. m (600 sq. ft.) may be permitted.
3.32
"CABIN, T OURIST " shall mean a detached buildingfor thesleepingaccommodation
of guests in which sanitary facilities may be provided but shall not contain any
facilities for the preparation or cooking of food.
3.33
"CAMP, CHARIT ABLE" shall mean a seasonal camp operated by a charitable
corporation approved under the Charitable Institutions Act.
3.34
"CAMPE R T RAILE R" shall mean any vehicle in which the assembly can be erected,
while stationary, using the trailer body and related components for support and
utilized for temporary living, shelter and sleeping accommodation with or without
cooking facilities, which is collapsible and compact while being drawn by an
automobile.
3.35
"CAMPING EST ABL ISHMENT " shall mean a tourist establishment consisting of at least
five (5) camping lots and comprising land used or maintained as grounds for the
camping or temporary parking of travel trailers, motorized mobile homes,
recreational vehicles, truck campers, camper trailers or tents but does not include
parks or camping grounds maintained by any ministry or department of the
Government of Ontario or Canada or any Crown corporation,commissionor board.
3.36
"CARPORT " shall mean a building or structure of which is used for the parking or
storage of private passenger automobile or commercial vehicles of less than one
tonne capacity and wherein neither servicing nor repairing of automobiles is carried
on for remuneration.
3.37
"CAR WASH" shall mean a building or structure for the operation of automobile
washing.
3.37.1 "CAR WASH, AUT OMAT IC" shall mean a car wash where the labour is not supplied by
the patron.
3.37.2 "CAR WASH, COIN OPERATE D" shall mean a car wash where the patron supplies the
labour.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
7
3.38
"CART AGE OR EXPR ESS T RUCK T ERMINAL" shall mean a building, structure or place
where trucks or tractor trailers are rented, leased, kept for hire, or storedor parkedfor
remuneration, or from which trucks or transports, stored or parked on the property,
are dispatched for hire as common carriers, and which may include a warehouse.
3.39
"CELLAR" shall mean the portion of a building or structure which is partly
underground and below the first floor and which has at least one half of its clear
height below the adjoining ground level.
3.40
"CERT IFICATE OF OCCUPANCY"shall mean a certificate issued by the Chief Building
Official for the occupancy of any land, building or structure,residential,commercial
or industrial purposes to the effect that the proposed use or activity complieswiththis
By-law.
3.41
"CHIE F BUILDING OFFICIAL" shall mean the officer or employee of the municipality
and appointed by the Corporation with the duty of administering the provisions of
the Ontario Building Code, Building By-law and Zoning By-law.
3.42
"CEMET ERY" shall mean a cemetery or columbarium within the meaning of the
Cemetery Act, as amended.
3.43
"CHURCH" shall mean a building which may include a church hall, auditorium,
sunday school, convent, monastery or other related uses, dedicated to public
worship by a recognized religion that is:
i)
charitable according to the laws of Ontario;
ii)
organized for the conduct of religious worship; and
iii)
permanently established both as to the continuity of its existence and as
to its religious beliefs and practices.
3.44
"CLINIC"shall mean a building or partthereof usedby qualifiedmedicalpractitioners,
dentists,osteopaths,or drugless practitioners,numbering more thantwofor publicor
private medical, surgical, physiotherapeutic or other human health purposes, but
does not include a private or public hospital.
3.45
"CLUB" see "PRIVATE CLUB" and "COMMERCIAL CLUB".
3.46
"COMMERCIAL" shall mean the use of land, buildings or structures for the purpose of
buying and selling commodities and supplying services as distinguished from such
uses as the manufacturing or assembling of goods, warehousing,transportterminals,
construction and other similar uses.
3.47
"COMMERCIAL CLUB" shall mean a building or part of a building where a club is
operated for gain or profit and may include facilities for physical fitness and
recreation.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
8
3.48
"COMMERCIAL VEHICLE" shall mean any automobile havingpermanently attached
thereto a truck or delivery body and includes ambulances, hearses, fire apparatus,
police patrols, motor busses including school busses and tractor trailers used for
hauling purposes on the highway.
3.49
"CONSERVAT ION/CONSERVAT ION US ES" shall mean the preservation, protection,
improvement and use of land and/or water for the purpose of planned
management of these natural resources.
3.50
"COMMUNIT Y CENT RE" shall mean any tract of land, building or buildings used for
community activities whether used for commercial purposes or not, the control of
which is operated under the Community Centres Act,as amendedfrom timeto time.
3.51
"CONT RACTOR'S YARD" shall mean a place where land is used for the storage in the
open, of goods and materials, machinery and/or equipment normallyutilized by the
construction industry and may include the repair of machinery, but does notinclude
the storage of such items as would require approvalundertheHealthPromotion and
Protection Act, R.S.O. 1980, Chapter 400, as amended, nor does itincludea salvage
yard as defined by this by-law nor equipment or materials used for blasting.
3.52
"CONVER T ED DWELLING" see "DWELLING, CONVERTED".
3.53
"CORNER LOT" see "LOT, CORNER".
3.54
"CORPORATION" shall mean the Corporation of the Township of Carlow/Mayo.
3.55
"COT T AGE, HOUSEKE EPING" shall mean a temporary dwelling unit in a tourist
establishment designed for human habitation and equipped with a kitchen, and
having a water supply in common with the other buildings in a group, should the
cottage be part of a group of similar cottages.
3.56
"COUNCIL" shall mean the Municipal Council of the Township of Carlow/Mayo.
3.57
"CRAFT SHOP" shall mean a building or structurewhere manufacturing is performed
by tradesmen or craftsmen requiring manual or mechanical skills and may includea
carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a potter's
shop, a jeweller's shop, sculptor's studio or similar uses. A craft shop may also involve
the sale of goods or materials manufactured on the premises.
3.58
"DAYNURSERY" shall mean a facilityoperated for pre-schoolagechildrenwithin the
meaning of The Day Nurseries Act, as amended.
3.59
"DECK"shall mean a horizontal surface supported on piers, free of any roof or other
covering and which may be surrounded by a railing, the heightof whichis governed
by the Ontario Building Code.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
9
3.60
"DEER YARD" shall mean any area where deer concentrate in the winter months.
3.61
"DEVELOPMENT " shall mean the construction, erection, or placing of a building or
structure of any kind or the making of an addition or alteration to a building or
structure that has the effect of increasing the size or usability thereof, and includes
such related activities as site grading and the placing or dumping of fill and/or any
other operations that disrupt the natural environment in, on, over or under land or
water.
3.62
"DOCK" shall mean a structure built at or anchored to the shore at which boats or
other floating vessels are berthed or securedto and whichmay providea foundation
for a boathouse.
3.63
"DOCK, COMMUNAL" shall mean any dock owned and/or used by more than one
interest.
3.64
"DRY CLEANINGSHOP" see "LAUNDRY AND DRY CLEANING SHOP".
3.65
"DRIVE-IN REST AUR ANT" see "RESTAURANT, DRIVE-IN".
3.66
"DRIVEW AY" shall mean an area of land which provides vehicular access from the
travelled portion of a street to a parking aisle.
3.67
"DRY INDUST RY" shall mean an industry which does not require the excessive use of
water or other fluids in an industrial process.
3.68
"DUPLEX" see "DWELLING, DUPLEX".
3.69
"DWE LLING" shall mean a building or structure or part of a building or structure
occupied and capable of being occupied for human habitation, and includes a
building that would be or could be intended to be used for such purpose except for
its state of disrepair and shall include any mobile dwelling unit.
3.70
"DWE LLING, ACCESSORY" shall mean a single detached dwelling whichis accessory
to a permitted non-residential use, located on the same lot therein and is occupied
by either the owner or the person employed on the lot where such dwelling is
located.
3.71
"DWE LLINGUNIT " shall mean a suite of two or more rooms, designed or intended for
use by one or more persons, in which sanitary conveniences are provided, in which
facilities are provided for cooking, or the installation of cooking equipment, in which
a heating system is provided and containing a private entrance from outside the
building or from a common hall or stairway inside.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
10
3.71.1 "DWE LLING UNIT , ACCES SORY" shall mean a dwelling unit which is part of and
accessory to a permitted non-residential building other than an automobile service
station or commercial garage. Such dwelling unit shallbe occupiedby theownerof
the non-residential building or by a person employed on the lot where such dwelling
unit is located.
3.72
"DWE LLING, CONVER T ED" shall mean a dwelling erected prior to passing of this By-
law altered to contain not more than 2 dwelling units.
3.73
"DWE LL ING, DUPLEX" shall mean a building that is divided horizontally into two
dwelling units, each of which has an independent entrance eitherdirectlyor through
a common vestibule.
3.74
"DWE LL ING, MULT IPLE" shall mean a separate building containing three or more
dwelling units which are horizontally and/or vertically attached with masonry walls
and which have separate private entrances from the exterior of the building or from
a common hallway.
3.75
"DWE LL ING, SENIOR CIT IZE N MULT IPLE" shall mean any multiple dwelling for senior
citizens sponsored and administered by any public agency or any service club,
church or non-profit organization, either of which obtains its financing from Federal,
Provincial or Municipal governments, or by public subscription or donation, or by any
combination thereof, and such multiple dwellings shall include auxiliary uses such as
club and lounge facilities, usually associated with senior citizens' development.
3.76
"DWE LL ING, SEASONAL" shall mean a detached buildingconstructedand usedas a
secondary place of residence for seasonal vacations and recreational purposes
and not as the principal residence of the owner or occupant thereof.
3.77
"DWE LL ING, SEMI-DET ACHE D" shall mean a separate building containing two single
dwelling units separated vertically by a common wall, each unit having separate
entrance and exit facilities.
3.78
"DWE LLING, SINGLE DET ACHE D" shall mean a separate building designed and
intended to be occupied as a single housekeeping unit.
3.79
"DWE LLINGUNIT, BACHELOR" shall mean a dwelling unitconsisting of one bathroom
and not more than two habitable rooms providingtherein living,dining,sleeping and
kitchen accommodation in appropriate individual or combination room or rooms.
3.80
"EAT INGEST ABLISHMENT" shall mean a building or part of a building where food is
prepared and/or cooked for sale to the public, and includes a restaurant,a drive-in
restaurant,a take-out restaurant,a snack bar, a dairy bar, coffee shop, diningroom,
café, ice cream parlour, tea or lunch room or refreshment stand but does not
include a boarding or rooming house or a chip wagon or chip truck.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
11
3.81
"ELDERLY PE RSONS' CENTRE" shall mean any facility intended primarily for the use
of elderly persons for purposes which include social, cultural, athletic or recreational
activities,and shall include any centre established under the Elderly Persons Centres
Act, as amended.
3.82
"ENVIRONMENTAL IMPACT ST UDY (EIS )"shall meana studyprepared in accordance
with established procedures, as outlined in Section 3.2.8 of the County of Hastings
Official Plan.
3.83
"EQUIPMENT SALES/RENTAL ANDREPAIR ESTABLISHMENT" shallmean a buildingor
part of a building, structure or yard in which articles, machinery and equipment,
including heavy machinery are offered for rent and may be serviced or repaired,
and may be offered or kept for rent, lease or hire under agreement for
compensation.
3.84
"ERECT" when used in this By-law includes construction, reconstruction, and
relocation of buildings and structures,and withoutlimiting the generality of thework,
also includes:
i)
any preliminary physical operation such as excavating, filling, regrading or
draining;
ii)
altering any existing building or structure by adding, enlarging, extending,
remodelling, renovating, moving, demolishing, or effecting other structural
changes;
iii)
any work for the doing of which a building permit is required under the
Building By-law of the Corporation; and
iv)
erect, erected or erection shall have a corresponding meaning.
3.85
"EST ABLISHED BUILDING LINE"
shall mean the average setback of the existing
buildings. A building line is considered to be established whenat leastthreebuildings
have been erected on any one side of a continuous 300 metres (984.3 ft.) of land
with street frontage.
3.86
"EST ABLISHED GRADE" shall mean the average elevation of the ground level or
sidewalk adjoining the front wall of the building or structure.
3.87
"EXIST ING" unless otherwise described, shall mean existing as of the date of the
passing of this By-law.
3.88
"EXT ERIOR SIDE LOT LINE" see "LOT LINE, EXTERIOR SIDE".
3.89
"EXT ERIOR SIDE YARD" see "YARD, SIDE".
3.90
"FARM IMPL EMENT AND SUPPL Y DEALE R" shall mean an establishment for therepair
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
12
and/or sale of agricultural implements including the sale of fuel, lubricants and
related items for agricultural equipment on the same premises.
3.91
"FARM PR ODUCE OUT LET " shall mean a use accessory to a permitted farm which
consists of the retail sale of agricultural products.
3.92
"FACT ORY OUTLE T " shall mean a buildingor partof a buildingin whichthewholesale
sale of products to the general public is carried on. The outlet may or may not be in
the factory in which the goods were produced nor musttheoutletbe locatedon the
same property in which the factory is located.
3.93
"FLEA MARKET " shall mean a building or part of a building where second hand
goods, articles and antiques are offered or keptfor sale at retailto thegeneral public
but shall not include any other establishment otherwise defined or classified herein.
3.94
"FLOOD PL AIN" shall mean:
i)
the area, usually low lands, adjoining a watercourse which has been, or may
be, covered by flood waters; or
ii)
where the high water mark is not known, any land situated between a
watercourse and a line parallel to and at a distance of 15 metres (49.2 ft.)
measured at right angles from the top of the bank of a watercourse; or
iii)
where the high water mark is not known and the bank of a watercourse is not
discernible, the horizontal area, 20 metres (65.6 ft.) wide, on either side of the
centre of a watercourse.
3.95
"FL OOR AREA, GROSS" shall mean the total floor area of all the storeys of a building
and shall include the floor area of any apartment or areas common to the tenants,
which floor areas are measured between exterior faces of the exterior walls of the
building at each floor level, but excluding car parking areas within the building and
any finished or unfinished basement or cellar. For the purpose of this definition, the
walls of an inner court are and shall be deemed to be exterior walls.
3.96
"FLOOR, GROUND" shall mean the lowest storeyof a building, approximately at or first
above the finished grade level.
3.97
"FLOOR AREA, GROUND" shall mean the floor area of the lowest storey of a building,
approximately at or first above the finished grade level, of which the area is
measured between the exterior faces of the exterior walls at the floor level of such
storey, but excludes car parking areas within the building and any finished or
unfinished basement or cellar. For the purpose of this paragraph, the walls of an
inner court are and shall be deemed to be exterior walls.
3.98
"FOOD MARKE T " shall mean a building or part of a building wherein food and other
household items are kept for sale at retail to the general public and which operates
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
13
on a self-service, cash and carry basis.
3.99
"FOREST RY/FOREST RY
US ES"
shall
mean
the
management, development,
cultivation and harvesting of timberresources to ensurethecontinuous production of
wood or wood products, provision of proper environmental conditions for wildlife,
protection against floods and erosion, protection and production of water supplies,
and preservation of the recreation resource.
3.100 "FOUNDAT ION" shall mean a system or arrangementof structuralmembersincluding
footings, rafts or piles through which the loads from a building are transferred to
supporting soil or rock.
3.101 "FRONT LOT LINE" see "LOT LINE, FRONT".
3.102 "FRONT YARD" see "YARD, FRONT".
3.103 "FUE L ST ORAGE T ANK" shall mean a tank for the bulk storage of petroleum,
gasoline, fuel, oil, gas or flammable liquid or fluid but does not include a container
for flammable liquid or fluid legally and properly kept in a retail store or a tank for
storage merely incidental to some other use of the premises where such tank is
located.
3.104 "FUNER AL HOME" shall mean a building, or a portion of a building, designed for the
purpose of furnishing funeral supplies and services to thepublicand includes facilities
intended for the preparation of the dead human body for interment or cremation.
3.105 "GARAGE, COMMERCIAL" shall mean a building, structure or lot where commercial
motor vehicles are stored or where vehicles are repaired or maintained.
3.106 "GARAGE, PR IVAT E" shall mean a separate buildingor a partof theprincipal building
used for the parking or storage of private passenger motor vehicles or commercial
vehicles of less than one tonne capacity and wherein neither servicing nor repairing
is carried on for remuneration.
3.107 "GARAGE, PUBL IC" see "AUTOMOBILE SERVICE STATION".
3.108 "GARDEN SUIT E" shall mean a manufactured detached dwelling consisting of
separate modular or panelized sections which are designed to permit easy delivery
to and assembly into one integral unit on a specific site, and which are reusableand
designed to permit easy disassembly for transport back to the factory or to another
site at an appropriate time. Under no circumstances shall a garden suitebe defined
to include a single wide or double wide mobile home, a motorized mobile home, a
travel trailer, tent trailer or trailer otherwise designed.
3.109 "GAS BAR" shall mean one or more pump islands, each consisting of one or more
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
14
gasoline pumps and shelter having a floor area of not more than 9.3 square metres
(100 square feet), excluding washrooms, which shall not be used for the sale of any
product other than liquids and small accessories required for the operation of motor
vehicles and shall not be used for repairs, oil changes or greasing, but this definition
shall not include a kiosk on a pump island.
3.110 "GASOLINE PUMP ISLAND" shallmean a structure whichis anaccessory useintended
to provide gasoline for vehicles.
3.111 "GAZEBO" shall mean a freestanding, roofed accessory structure which is not
enclosed, except for screening or glass and which is utilized for the purposes of
relaxation in conjunction with a residential dwelling but shall not include any other
use or activity otherwise defined or classified in this By-law.
3.112 "GIFT SHOP" shall mean a building or part of a buildingwherecrafts,souvenirs,giftsor
similar items are offered or kept for sale at retail to the general public but shall not
include any other establishment otherwise defined or classified in this By-law.
3.113 "GOLF COUR SE" shall mean a public or private area operated for the purpose of
playing golf and includes a par 3 or larger golf course, a miniature golf course and
driving range.
3.114 "GREENHOUS E" shall mean a building for the growing of plants, shrubs, trees and
similar vegetation which are primarily intended to be transplanted outdoors.
3.115 "GROUP HOME" shall mean a dwelling unit in which not less than three and no more
than
six
people
receive
specialized
or
sheltered
residential
care
and
accommodation by virtue of their physical, mental, emotional, social or legal status
and which is approved or licensed in accordance with any Act of the Parliament of
Ontario. Without limiting the generality of the foregoing, group homes include a
home for foster children, a home for elderly persons,a home for mentallyretarded or
physically disabled persons and a home for people who are convalescing after
hospital treatmentand are under medical supervision but does not include a facility
maintained and operated primarily for persons:
i)
who have been placed on probation under the Probation Act, The Criminal
Code (Canada) or the Juvenile Delinquent Act (Canada); or
ii)
who have been released on paroleundertheMinistry of CorrectionalServices
Act; the Parole Act (Canada) or the Provincial Offences Act; or
iii)
who are admitted to the institution for correctional purposes.
3.116 "HEALT H SPA" shall mean a building or buildings and associated land, facilities and
accessory buildings and uses which provide for the physical and emotional
treatment of the human body.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
15
3.117 "HEREAFT ER" shall mean after the date of the passing of this By-law.
3.118 "HEREIN"shall mean in this By-law and shall not be limitedto any particular section of
this By-law.
3.119 "HIGH WAT ER MARK" shall mean 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.
3.120 "HOME INDUS T RY" shall mean an industry which is clearly incidental or secondary to
the residential use of a single detached dwelling and is conducted either entirely
within a single dwelling or in an accessory building to a single dwelling, by an
inhabitant thereof. Such industries shall include: a woodworking shop; a welding
shop; a small engine repair shop, a blacksmith shop or similar use.
3.121 "HOME OCCUPAT ION"shall mean a usewhichis clearlyincidental or secondary to the
residential use of a dwelling and is conducted entirely within such a dwelling by an
inhabitant thereof and shall not use more than 25% of the gross floor area of the
dwelling. Such uses may, among others, include an outlet or office for a real estate
agent; hairdresser;dressmaker;dentist; doctor;chiropractor;physiotherapist;licensed
masseur or masseuse or osteopath or other professional; or a bed and breakfast
establishment.
3.122 "HOSPIT AL, PR IVAT E" shall mean a hospital as defined by the PublicHospitals Act,as
amended from time to time.
3.123 "HOSPIT AL, PUBLIC" shall mean a hospital as defined by the Public Hospitals Act, as
amended from time to time.
3.124 "HOT EL" shall mean a building or structure used for the purpose of catering to the
needs of the travelling public by supplying sleeping accommodations, and may or
may not include food and refreshments and which may include permanent staff
accommodation and may or may not be licenced under the Liquor Licence Act.
3.125 "HUNT CAMP" shall mean a base camp for recreational activities such as hunting
which provides seasonal or temporary accommodation only, in a remote location
where municipal or community services are usually notavailableand shallnotmean
a dwelling unit or a commercial facility and shall not be used for habitation on a
permanent basis.
3.126 "INTENSIVE AGRICULT UR E" see "AGRICULTURE, INTENSIVE".
3.127 "INTERIOR SIDE YARD" see "YARD, SIDE".
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
16
3.128 "KE NNEL" shall mean a building or structure where dogs are kept for the personal
use of the owner and shall contain no more than 8 dogs over the age of 4 months
and in which no breeding, boarding or sales of dogs shall take place and in which
enclosed outside runs shall be permitted.
3.129 "LANE"shall mean a thoroughfare or way, which affords only a secondary means of
access to abutting property.
3.130 "LANDSCAPE D" shall mean an area not built upon and not used for any purpose
other than as a landscaped area and which shall include at least a hedgerow of
hardy shrubs or similar type of vegetation not less than .3 metres (1 ft.) in heightat the
time of planting and which, when fully grown, will reach a height of not less than 2
metres (6.6 ft.), extending the full length of the landscaped area and be maintained
in a healthy growing condition. A landscaped area does not include driveways,
parking spaces or parking aisles.
3.131 "LAUNDR Y AND DRY CLE ANING SHOP" shall mean a building or part of a building
used for the purpose of receiving articles or goods of fabric to be subjected to a
commercial process of laundering, dry cleaning, dry dyeing or cleaning elsewhere
and for the pressing and distribution of any such articles or goods which have been
subjected to any such process and shall include self-service laundry and/or self-
service dry cleaning establishments.
3.132
"LIVES T OCK" shall mean poultry, turkeys, cattle, hogs, horses, mink, rabbits, sheep,
goats, fur bearing animals or any other domesticated animal used for consumption.
3.133 "LIVES T OCK FACILIT Y" shall mean a farm unitwhichincludes theraising or keeping of
livestock as defined herein.
3.134 "LOADINGSPACE"shall meanan unencumberedareaof land whichis provided and
maintained upon the same lot or lots upon which the principal use is located and
which area:
i)
is provided for the temporary parking of one commercial motor vehiclewhile
merchandise or materials are being loaded or unloaded from such vehicle,
and such parking shall not be for the purpose of sale or display;
ii)
is suitable for the temporary parking of one commercial motor vehicle;
iii)
is not upon or partly upon any street, lane or alley; and
iv)
has adequate access to permit ingress and egress of a commercial motor
vehicle from a street by means of driveways, aisles, manoeuvring areas or
similar areas, no part of which shall be used for the temporary parking or
storage of one or more motor vehicles.
3.135 "LODGE" shall mean an establishment catering to the vacationing public by
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
17
providing meals and sleeping accommodation to at least five (5) guests in rooms or
cabins, but shall not include any establishment otherwise defined herein.
3.136 "LOGGING"shall mean the removal or cutting of merchantable timber eitherby strip
or clear or total cutting operations but does not include the selective harvesting of
mature timber nor does it include the clearing of land incidental to putting the land
into a condition necessary for the bonafide exercise of a use specifically permitted
herein and selective harvesting as used herein means the harvesting of mature
timber while causing a minimum of damage to adjacent growth in accordance with
good forestry practice.
3.137 "LOT" shall mean a parcel of land, the boundaries of which are defined in the last
registered instrument by which legal or equitable title to the said parcel was lawfully
and effectively conveyed or which is a whole lot as shown on a Registered Plan of
Subdivision subject to the provisions of the Planning Act.
3.138 "LOT AREA" shall mean the total horizontal area within the lot line of a lot, and in the
case of a corner lot having street lines rounding at the corner with a radius of 6
metres (19.7 ft.) or less, the lot area of such lot is to be calculated as if the lot lines
were projected to their point of intersection.
3.139 "LOT, CORNER" shall mean a lot situated at the intersection of two or more streets or
private roads, having an angle of intersection of not more than 135 degrees. The
front lot line on a corner lot is deemed to be either lot line abutting the street.
3.140 "LOT COVER AGE" shall mean that percentage of the lot area covered by all
buildings or structures but excluding any part of a building or structure which is
constructedentirely below grade. For the purposes of calculating lot coverage,the
lot coverage of each zone shall be deemed to apply only to that portion of such lot
that is located within the said zone.
3.141 "LOT DEPT H" shall mean the horizontal distance between the midpoints of the front
and rear lot lines, and where there is no rear lot line, lot depth means the length of a
line within the lot between the midpoint of the front lot line and the most distance
point of the apex(s) of a triangle formed by the side lot lines.
3.142 "LOT FRONT AGE" shall mean the horizontal distance between the side lot lines
measured along the front lot line, but where the front lot line is not a straight line or
where the side lot lines are not parallel, the lot frontage is to be measured nine (9)
metres (29.5 ft.) back from the front lot line and parallel to the chord of the lot
frontage. For the purpose of this paragraphthe chord of the lot frontage is a straight
line joining the two points where the side lot lines intersect the front lot line.
3.143 "LOT, INTERIOR" shall mean a lot other than a corner lot.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
18
3.144 "LOT LINE" shall mean any boundary of a lot.
3.145 "LOT LINE, EXTERIOR SIDE" shall mean the longer of the lotlinesof a cornerlot which
abuts a street.
3.146 "LOT LINE, FRONT " shall mean the line that divides a lot from a street, a private road
or a navigable waterway. In the case of a lot with frontage on a street, the front lot
line shall be deemed to be the line that divides the lot from the street. In the case of
a lot with frontage on a private road and/or a navigable waterway, either lot line
may be deemed to be the front lot line. In the case of a corner lot either lot line may
be deemed to be the front lot line.
3.147 "LOT LINE, REAR" shall mean the lot line farthestfrom andopposite to thefrontlot line
and where the side lot lines converge at the rear of the lot to form a triangular
shaped parcel of land, the rear lot line shall mean theapex of thetriangle formedby
the side lot lines. Furthermore, where the rear lot line is situated adjacent to a body
of water, such lot line shall be the line formed by the high water mark of a body of
water.
3.148 "LOT LINE, SIDE" shall mean any lot line other than the rear or front lot line.
3.149 "LOT, T HR OUGH" shall mean a lot boundedon twoopposite sidesby streets provided
however that if any lot qualifies as being both a cornerlot and a through lot as herein
defined, such lot shall be deemed a corner lot for the purpose of this By-law.
3.150 "LUMBER YARD" shall mean an area where finished and unfinished lumber is stored
but does not include an establishment or area otherwise defined in this by-law.
3.151 "MANUFACT UR INGOR PR OCESSINGP LANT " shall meana plantin whichtheprocess
of producing a useful product suitable for use by hand and/or mechanical power
and machinery is carried on systematically with division of labour.
3.152 "MARINA, PUBL IC/PRIVAT E" shall mean a building or structure with access to a body
of water, where boats and boat accessories are berthed, stored, serviced, repaired
or kept for sale and where facilities for the sale of marine fuels and lubricants may be
provided.
3.153 MARINE/SNOWMOBILE DEALER" shall mean any building or structure used for the
purpose of supplying and selling marine and snowmobile products and may include
repair facilities for the purpose of repairing only those items either sold by or related
to the products supplied by the dealer.
3.154 "MARINE FACILIT Y" shall mean an accessory building or structure which is used to
take a boat into or out of a waterbody to moor, berth or store a boat and includes a
boat launching ramp, boat lift, pumping station, dock or boathouse and a water
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
19
pumphouse but shall not includeany buildingusedfor humanhabitationor any boat
service, repair or sales facility and shall comply with the minimum side yard
requirements of the respective zone.
3.155 "MARKE T GARDEN" shall mean the use of land for the intensive commercial
cultivation of vegetables, fruits or flowers.
3.156 "MERCHANDISE SERVICE SHOP" shall mean a building or part of a building, whether
connected with a retail shop or not, in which persons are employed in furnishing the
repair or servicing of articles, machines, goods or materials as opposed to the
manufacture of same. Merchandise service shops include such establishments as
small engine repair of such items as lawn mowers, chainsaws and snowmobiles.
3.157 "MINIMUM DIST ANCE SEPARATION"shallmean a separation requirementas provided
for in Appendix 1 and 2.
i)
Minimum Distance Separation I provides minimum distance separation for
new or expanding development from existing livestock facilities.
ii)
Minimum Distance Separation II provides minimum distance separation for
new or expanding livestock facilities from existing or approveddevelopment.
3.158 "MODULAR HOME" shall mean a factory built, detached structural unit designed to
be and capable of being transported after fabrication, to a lot,and whichis suitable
for year round occupancy in similar fashion as a dwelling unit, except for minor and
incidental unpacking and assembly operations, placement on defined supporting
structures and connections to utilities.
3.159 "MOT EL" shall mean an establishment which consists of one or more than one
building containing more than one rental unit for the purpose of catering to the
travelling public, to whom the automobileis theprincipal meansof transportation,by
furnishing sleeping accommodations with or without meals and which may include
permanent staff accommodation and may or may notbe licencedundertheLiquor
Licence Act.
3.160 "MOTORIZED ALL T ERRAIN VEHICLE (A.T .V.)" shall mean a motorized recreational
vehicle used for off road recreational purposes.
3.161 "MOTORIZED MOBILE HOME/RECREAT IONAL VEHICLE "shall mean any motorvehicle
so constructedas to be a self-contained,self-propelledunitcapableof beingutilized
for the living, sleeping or eating accommodation of persons.
3.162 "MOTORIZED SNOW VEHICLE" shall mean a motorized snow vehicle within the
meaning of The Motorized Snow Vehicle Act.
3.163 "MULT IPLE DWE LLING" see "DWELLING, MULTIPLE".
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
20
3.164 "MUNICIPAL/PUBLICUT ILIT IES YARD" shall mean a lot which may include a building
or
structure and also
associated storage structures used for
the storage,
maintenance or repair of equipment, machinery or motor vehicles used in
connection with civil works and shall include a public works yard.
3.165 "MUNICIPALIT Y" shall mean the Corporation of the Township of Carlow/Mayo.
3.166 "NON-COMPL YINGUSE" shall meana permitted landuse,building or structureexisting
at the date of the passing of this By-law which does not fulfil the requirements of the
zone provisions(e.g. yard setbacks) for the zone within which it is located, but which
may continue to be used or exist, provided there is no change in that use (e.g.
enlargement of the structure) .
3.167 "NON-CONFORMINGUSE" shall mean a lawful and specific use, building, structureor
land existing at the date of the passing of this By-law which does not fulfil the
requirements of the use provisions for the zone in which it is located, but which may
continue to be used for such purposes or activities, provided there is no change in
that use.
3.168 "NUISANCE" shall mean any condition existing that is or may become injurious or
dangerous to health or that prevents or hinders or may prevent or hinder in any
manner the suppression of a disease.
3.169 "NURSERY/GARDEN CENT RE/GREENHOUS E" shall mean:
i)
a place where young trees or other plants are grown for transplanting or for
sale, and may also include the sale of related accessory supplies.
ii)
land used for the growing of sod, flowers, bushes, trees or other gardening,
landscaping or orchard stock for wholesale or retail sale.
iii)
a building or structure, and lands associated therewith, for the growing of
flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation together
with gardening tools and implements which are sold at retail from such
building or lot to the general public.
3.170 "NURSERY SCHOOL" shall mean a day nursery within the meaning of the Day
Nurseries Act, as amended from time to time, and shall include a day care centre.
3.171 "NURSINGHOME" shall mean:
i)
a building in which the proprietor supplies for hire or gain, lodging with or
without meals and, in addition, provides nursing, medical or similar care and
treatment,if required, and includes a rest home, or convalescent home, and
any other establishment required to operate under the appropriate statute.
ii)
any premises in which persons are cared for, lodged, either by a charitable
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
21
institution within the meaning of the appropriate statute or for hire, where, in
addition to sleeping accommodation and meals, personal care, nursing
services or medical care and treatmentare provided or made available,but
shall not include a Maternity boarding house.
For the purpose of this
definition, 'personal care' means personal servicessuchas theprovision of aid
to residents in walking or climbing or descending stairs, in getting in or out of
bed, in feeding, dressing, bathing or in othermatters of personalhygiene, and
includes the preparation of special diets, the provision of tray service for
meals, the supervision of medication and other similar types of personal
assistance and 'resident' means a person who is cared for or lodged for hirein
such premises.
3.172 "OPE N SPACE/OPE N SPACE US ES" shall mean the open, unobstructed space on a
lot, including the open, unobstructed space accessible to all occupants of any
residential or commercial building or structure, which is suitable and used for the
growth of grass, flowers, bushes and other vegetation and may include any surface
pedestrian walk, patio, pool, or similar area, but does not include any driveway,
ramp or parkingspaces,parkingaisles,loadingspaces,vehicular manoeuvring areas
or similar areas.
3.173 "ORNAMENTAL
ST RUCTUR E"
shall
mean
any
ornamental
fountain,
statue,
monument,cenotaph or other memorial or decorative structure not being partof or
accessory to any other structure.
3.174 "OUT DOOR FUR NACE" shall mean a building or structure that is used to provideheat
or heated water to the main building on a lot but is separate from the main building
on the lot.
3.175 "OUT SIDE ST ORAGE" shall mean an accessory storage area outside of the principal
or main building on the lot.
3.176 "PARK, PR IVAT E" shall mean a park other than a public park.
3.177 "PARK, PUBLIC" shall mean a recreational area owned or controlled by the
Corporation or by any Board, Commission or other Authority established under any
statute of the Province of Ontario or Government of Canada.
3.178 "PARKING AISLE" shall mean an area of land which abuts and provides direct
vehicular access to one or more parking spaces.
3.179 "PARKING ANGLE" shall mean the angle, equal to or less than a right angle, formed
by the intersection of the side of the parking space and line parallel to the aisle.
3.180 "PARKING AREA" shall mean an area of land which is provided and maintained
upon the same lot or lots upon which the principal use is located or upon a privately
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
22
owned lot situated within 60 metres (196.9 ft.) of the said lot and which areas
comprise all parking spaces of at least the minimum number required according to
the provisions of this By-law, and all driveways, aisles, vehicular manoeuvring areas,
entrances, exits and similar areas used for the purpose of gaining access to or egress
from the said parking spaces.
3.181 "PARKING LOT" shall mean any parking area other thana parkingareaaccessory to
a permitted use.
3.182 "PARKING SPACE" shall mean an area of land having a width of not less than 2.7
metres (8.9 ft.) and a length of not less than 6 metres (19.69 ft.), exclusive of aisles or
any other land used for access or vehicular manoeuvring, for the temporaryparking
of one motor vehicle. A parking space may be located in the open or within a
private garage, carport, building or other covered area and shall have adequate
access to permit ingress and egress of a motor vehicle from a street by means of
driveways, aisles or similar areas.
3.183 "PE RSON(S)" shall mean any human being, association, firm, partnership, private
club, incorporated company, corporation, agent,or trustee and theheirs,executors,
or other legal representativesof a person to whom thecontextcan apply according
to law.
3.184 "PE RSONAL SERVICE SHOP" shall mean a building or part of a building in which
persons are employed in furnishing services and otherwise administering to the
individual and personal needs of persons.
Personal service shops, include such
establishments as barber shops, hairdressing salons, shoe repair and shoeshine shops
and depots for collecting drycleaning and laundry.
3.185 "PIT " shall mean land or land under water from which unconsolidated aggregate is
being or has been excavated, and that has not been rehabilitated, but does not
mean land or land under water excavated for a building or other work on the
excavation site or in relation to which an order hasbeen madeundertheAggregate
Resources Act.
3.186 "PL ANTING SCREEN" shall mean a continuous hedgerow of evergreen trees or
shrubs, not less than 1.6 metres in height, immediately adjacent to the lot line or
portion thereof along which such planting screen is required herein.
3.187 "PORT ABLE CANTEEN" shall mean a vehicular and mobile facility where light meals
and drink are prepared and served to the public and which does not necessarily
provide for consumption thereof on the premises and shall include a chip truck or
chip wagon.
3.188 "PR INTING/PUBLISHINGE ST ABLISHMENT" shall mean a building or partof a building
in which the business of producing books, newspapers or periodicalsby mechanical
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
23
means and reproducing techniques such as photo copying is carried on and may
include the sale of newspapers, books, magazines, periodicals or the like to the
general public.
3.189 "PR IVAT E CLUB" shall mean a building or part of a building used as a meeting place
for members sharing a common interest and includes a fraternal lodge or
organization and a labour union hall. Such private clubs shall not be operated for
profit.
3.190 "PR IVAT E GARAGE" see "GARAGE, PRIVATE".
3.191 "PR IVAT E PARK" see "PARK, PRIVATE".
3.192 "PRIVAT E ROAD" shall mean a street other than a "Street" as defined in this By-law.
3.193 "PROVINCIALLY SIGNIFICANT WE T LANDS" shall mean Wetlands in the Great Lakes -
St. Lawrence Region as defined in "An Evaluation System for Wetlands of Ontario
South of the Precambrian Shield" Second Edition 1984 as amended from time to
time.
3.194 "PUBL IC US E" shall mean the use by the Corporation of the Municipality and any
Boards or Commissions thereof: the Bell Telephone Company of Canada, any
company supplying natural gas to themunicipality,theelectric authority,theCounty
of Hastings and any Department of the Government of Ontario and Canada, or
other similarly recognized agencies.
3.195 "PUBLIC GARAGE" see "GARAGE, PUBLIC".
3.196 "PUBLIC PARK" see "PARK, PUBLIC".
3.197 "QUARR Y" shall mean land or land under water from which consolidated aggregate
is being or has been excavated and that has not been rehabilitated, but does not
mean land or land under water excavated for a building or other work on the
excavation site or in relation to which an order hasbeen madeundertheAggregate
Resources Act.
3.198 "RACEWAY" shall mean a track, viewing areas and accessory buildings for the
running of automobiles, recreational vehicles, snowmobiles, motorcycles and similar
motorized vehicles.
3.199 "REAR LOT LINE" see "LOT LINE, REAR".
3.200 "REAR YARD" see "YARD, REAR".
3.201 "RE CREAT IONAL US E" shall mean the use of land for parks, playgrounds, tennis
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
24
courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf
courses, picnic areas, swimming pools, riding clubs, day camps, community centres,
snow skiing and all similar uses, together with necessary and accessorybuildings and
structures,but does not include an arcade or a track for the racing of animals,motor
vehicles, snowmobiles or motorcycles.
3.202 "RECRE AT IONAL US E, ACT IVE OUT DOOR" shall mean uses such as golf courses,lawn
bowling greens, tennis courts, outdoor skating rinks and swimming pools, together
with necessary and accessory buildings and structures.
3.203 "RE CREAT IONAL US E, PASS IVE OUT DOOR" shall mean such uses as hiking and ski
trails, nature observation locations and open space as opposed to (for example)
tennis courts, golf courses and baseball diamonds.
3.204 "RECRE AT IONAL EST ABLISHMENT, COMMERCIAL" shall mean a building used or
intended to be used for a theatre, bowling alley, curling rink, swimming pool, billiard
parlour, health club, athletic club or similar uses.
3.205 "RELIGIOUS INST IT UT ION" shall mean buildings used as dwellings by religious orders
for their own members, such as a convent or monastery.
3.206 "RE SEARCHFACILIT Y" shall mean a building or part of a building or an area of open
space in which investigationor inquiry for the purpose of producing new information
or products is carried on, and shall be conducted in accordance with the provisions
of Sections 5.20 and 5.21 of this By-law.
3.207 "RE SIDENTIAL" shall mean the use of land, buildings, or structures for human
habitation.
3.208 "RE ST AUR ANT" shall mean a building or part of a building where food is prepared
and/or cooked and offered for sale or sold to the public and where dining tables
and table service are provided.
3.209 "RE ST AUR ANT, DRIVE -IN" shall mean premises consisting of a building or structure,
together with a parking lot, where food is prepared and/or cooked and offered for
sale or sold to the public for consumption either in a motor vehicle parked on the
parking lot or for consumption on the premises and where dining tables may be
provided but table service is not provided.
3.210 "RE ST AUR ANT, T AKE -OUT " shall mean a building or part of a building where food is
prepared and/or cooked and offered for sale or sold to the public and where
neither dining tables nor table service are provided.
3.211
"RE T AIL ST ORE" shall mean a building or part of a building where goods,
merchandise, substances, articles or things are offered for retail sale directly to the
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
25
general public and includes storage on the store premises of such goods,
merchandise, substances, articles or things sufficient only to service such store.
3.212 "RET AIL ST ORE , CONVENIENCE" shall mean a retail store serving the daily or
occasional needs of the residents in the immediate areawitha variety of goodssuch
as groceries,meats,beverages, dairyproducts, patentmedicines,sundries, tobacco,
stationery, hardware, magazines and newspapers.
3.213 "SALVAGE YARD" shall mean a fenced lot and/or land for the storage and/or
handling of scrap material, which without limiting the generality of the foregoing,
may include vehicles, tires, metal, used bicycles, waste paper and/or other scrap
material and salvage.
3.214 "SANITARY SEWE R" shall mean a system of underground conduits, operated either
by the Corporation or by the Ministry of the Environment, which carries sewage to a
place of treatmentwhich meets with the approval of the Ministry of theEnvironment.
3.215 "SAUNA" shall mean an enclosed structurewhich does notexceed10 squaremetres
(107.6 sq. ft.) in area with an approved heating device to produce steam.
3.216 "SAW AND/OR PLANINGMILL " shall mean a building,structureor areawheretimberis
cut, sawed or planed, either to finished lumber or as an intermediary step and may
include facilities for the kiln drying and storage of lumber and may or may not
include the distribution of such products on a wholesale or retail basis.
3.217 "SCHOOL" shall mean a public, separate, or high school under the jurisdiction of the
Board of Education or the Roman Catholic Separate School Board,a private school,
a continuation school, a technical school, a vocational school, a college, a
university or other educational institution, but not a commercial school.
3.218 "SEASONAL RESIDENCE" see "DWELLING, SEASONAL".
3.219 "SEASONAL FARM WORKER" shall mean one or more persons employed as a farm
worker during the months of April to November on a year-to-year basis.
3.220 "SECONDARY FARM OCCUPAT ION" shall mean an operation conducted by
individuals residing on a farm property that is clearly secondary andincidental to the
principal use of farming on the subject property and is intended to provide active
farmers with a secondary or supplementary means of income. The types of uses
permitted as secondary farm occupations shall be limited to those involved in the
manufacture or fabrication of goods (i.e. farm gates, hay bale elevators, animal
feeders), uses considered to be trade occupations (i.e. electrician, plumber,
carpenter, welder, mechanic), and those occupations which are primarily and
directly related to agriculture and farming.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
26
3.221 "SELECT IVE CUTT ING" shall mean the harvesting of mature timber without causing
undue damage to adjacent standing growth.
3.222 "SELF ST ORAGE BUILDING" shall mean a building (or part thereof) containing
individual doorways each accessing a fully enclosed room that is usedfor storage of
inactive and stable dry goods only.
3.223 "SEMI-DET ACHED DWE LLING" see "DWELLING, SEMI-DETACHED".
3.224 "SENIOR CIT IZEN HOUSING" shall mean housing owned and operated by the
government to provide residential accommodation for senior citizens.
3.225 "SET BACK" shall mean the least horizontal dimension between the centreline of a
street allowance, measured at right angles to such centreline, and the nearest part
of any building, structure or excavation on the lot, or the nearest open storage use
on the lot.
3.226 "SHOPPING CENTRE" shall mean a group of commercial uses which has been
designed and developed as a unit by a single owner or group of owners, as
distinguished from a business area consisting of unrelated individual commercial
uses.
3.227 "SHORELINE" shall mean any lot line or portion thereof that abuts a waterbody.
3.228 "SIDE LOT LINE" see "LOT LINE, SIDE".
3.229 "SIDE YARD" see "YARD, SIDE".
3.230 "SINGLE DET ACHE D DWE LLING" see "DWELLING, SINGLE DETACHED".
3.231 "SIGHT T RIANGLE" shall mean an area free of buildings or structures, which area is
determined by measuring from the point of intersectionof street lines on a corner lot
or where a corner is rounded from the point at which the extended street lines meet,
the distance required by this By-law along each such street line and joining such
points with a straight line thereby creating a triangular-shaped parcel of land. This
triangular-shaped parcel of land located between the intersecting street lines and
the straightline joining the points located the required distance along the streetlines
is the sight triangle.
3.232 "SOLAR COLLE CTOR" shall mean any structure subordinate to a principal structure
designed specifically for the collection of solar energy for experimental or
ornamental purposes or for the purposes of converting such energy for heating,
lighting, water production or any other domestic or commercial use that may be
obtained from such source. For the purposes of this by-law, a solar collector shall be
considered an accessory structure.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
27
3.233 "ST ORMWATER MANAGEMENT " shall mean long and short term management of
stormwater runoff quality and quantity which may require the construction and
installation of permanent stormwater facilities.
3.234 "ST ORMWATER MANAGEMENT
FACILIT IES" shall mean a designated area or
structural device that would control the quantity or quality or velocity of stormwater
runoff leaving a property to achieve specificobjectivessuch as reducefloodingand
erosion, remove pollutants and provide other amenities.
3.235 "ST REET " shall mean a public highway as defined under the Highway Traffic Act, as
amended, from which access may be taken to an abutting
lot and which is
dedicated, assumed and maintained by a municipality, a county,or theProvince of
Ontario. A street does not include an unopened road allowance, a lane or an
unassumed road on a Registered Plan which has been deemed not to be a
Registered Plan under the Planning Act.
3.236 "ST REET LINE" shall mean the limit of the street allowance and is the dividing line
between a lot and a street.
3.237 "ST RUCTUR E" shall mean anything constructed or erected, theuse of whichrequires
location on the ground, or which is attached to something having location on the
ground.
3.238 "T AKE-OUT REST AUR ANT" see "RESTAURANT, TAKE-OUT".
3.239 "T AVER N" shall mean "a tavern" as defined by the Liquor Licence Act, as amended
from time to time.
3.240 "TEA ROOM" shall mean a public room accommodating no more than 20 persons,
where tea and light refreshments, but not complete meals,areservedfor immediate
consumption within the building. A tea room does not include premises licensed
under the Liquor Licence Board of Ontario or any other form of eating establishment
as defined herein.
3.241 "TENT" shall mean every kind of temporary shelter for sleeping that is not
permanently affixed to the site and that is capable of being easily moved.
3.242 "THROUGH LOT" see "LOT, THROUGH".
3.243 "T OP OF BANK" (Slope) shall mean a point or line which is the beginning of a
significant change in the land surface, then from which the land surface slopes
downward. When two (2) or more slopes are located together, the slope that is
highest and farthest away from the top of the slope shall be the slope considered for
the top of bank.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
28
3.244 "TOUR IST EST ABLISHMENT" shall mean any premises operated to provide sleeping
accommodation for the travelling public or sleeping accommodation for theuseof
the public engaging in recreational activitiesand includes the services and facilities
in connection with which sleeping accommodation is provided, and without limiting
the generality of the term, also includes a tourist cabin and a housekeeping cottage
as well as docks, eating establishments and convenience stores but does not
include:
i)
a camp operated by a charitable corporation approved under the
Charitable Institutions Act;
ii)
a summer camp within the meanings of the regulations under The Health
Promotion and Protection Act; or
iii)
a club owned by its members and operated without profit or gain.
3.245 "TRACT OR T RAILE R T RUCK" shall mean a self-propelled motor vehicle designedfor
the haulage of goods in an attached trailer but not for the carriage of any load
when operating independently.
3.246 "TRAVEL T RAILE R" shall mean any vehicle so constructed that it is suitable for being
attached to a motor vehicle for the purpose of being drawn or propelled by the
motor vehicle, notwithstanding that such vehicle is jacked-up or that its runninggear
is removed, but not including any vehicle unless it is used or intended for the
temporary living, sleeping or eatingaccommodation of personstherein,and shallbe
deemed to include a tent, truck camper or camper trailer, and may not be placed
on a foundation.
3.247 "TRAVEL T RAILE R PARK"
shall
mean
a
parcel
of
land maintained for the
temporary parking of tents or travel trailers on individual sites, and shall be subject to
the provisions of this By-law.
3.248 "TRAVEL T RAILE R SITE" shall mean an area of land within a travel trailer park that is
or is intended to be occupied by one tent or one trailer or similar vehicle within the
meaning of a trailer as defined above with adequate accessto a driveway or public
street.
3.249 "TRUCK CAMPE R" shall mean any unit so constructedthat it may be attachedupon
a motor vehicle, as a separate unit, and capable of being utilized for the temporary
living, sleeping or eating accommodation of persons.
3.250 "US E" shall mean the purpose for which any land, building or structure is arranged,
designed, or intended to be used, occupied or maintained.
3.251 "US E, ACCESSORY" shall mean a use customarily incidental and subordinate to the
principal use or building located on the same lot.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
29
3.252 "VET ERINARY CLINIC"shall mean a building or partof a building in whichfacilities are
provided for the prevention,cureand alleviation of diseaseand injuryto animalsand
in conjunction with which there may be facilities provided for the sheltering of
animals during the treatment period.
3.253 "WARE HOUSE " shall mean a building or part of a building used for the storage and
distribution of goods, wares, merchandise, substances, articles or things and may
include facilities for a wholesale or retail commercial outlet but shall not include a
truck terminal.
3.254 "WAST E DISPOSAL SITE" shall mean any land or land covered by water (such as in
the case of a sewage lagoon) upon, into, in or through which a building or structure
in which waste, exclusive of liquid industrial waste,is deposited or processed andany
machinery or equipment or operation required for thetreatmentor disposalof waste
and shall include a sewage treatment plant or sewage lagoon.
3.255 "WAST E MANAGEMENT SYST EM"shall mean all facilities, equipment and operations
for the complete management of waste including the collection, handling,
transportation, storage, processing and disposal thereof and may include one or
more waste disposal sites.
3.256 "WATER FRONTAGE" shall mean all property abutting a waterbody measuredalong
the high water mark.
3.257 "WATERBODY" shall mean any bay, lake, wetland, canal or natural watercourse but
excludes a drainage or irrigation channel.
3.258 "WATERBODY, NARROW" shall mean an areawheretheminimum averagedistance
from shoreline to shoreline is 150 metres (492.1 ft.) for a lake and 50 metres (164.0 ft.)
for a river.
3.259 "WATERCOUR SE" shall mean any surface stream or river and includes a natural
channel for an intermittent stream and a municipal drain as defined by "The
Drainage Act", as amended.
3.260 "WAYSIDE PIT " shall mean:
i)
a temporary sand or gravel pit opened and used by a governmental
authority or authorized contractor for the purpose of a particular public
project such as road construction, or
ii)
a minor sand and gravel pit on a farm unit required only for the use of that
farm unit.
3.261 "WAYSIDE QUARRY" shall mean a temporary quarry opened and used by a
governmental authority or authorized contractor for the purpose of a particular
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
30
public project such as road construction.
3.262 "WE T LANDS" shall mean 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 abundantwaterhas causedtheformationof hydricsoils
and has favoured the dominance of either hydrophytic or water tolerantplants. The
four major types of Wetlands are swamps, marshes, bogs and fens.
3.263 "WOODLOT" shall mean a wooded area in which the majority of trees are at least
10.2 centimetres (4.0 inches) in diameter and in which there is a minimum of a fifty
(50) percent closed canopy of tree foliage.
3.264 "WORKS HOP" shall mean a building or structure where manufacturing is performed
by tradespeople requiring manual or mechanical skills and may include a
carpenter's shop, a woodworker's shop, a locksmith's shop, a gunsmith's shop, a
tinsmith's shop, an upholsterer's shop, a welder's shop or similar uses.
3.265 "YARD" shall mean the space appurtenantto a building or structure on the same lot
which is open, uncovered, and unoccupied except for such accessory buildings,
structures,or uses which are specifically permitted by thisBy-law. In determiningyard
measurements, the minimum horizontal distance from therespective lot linesshallbe
used.
3.266 "YARD, FRONT " shall mean the yard extending across the full width of the lot
between the front lot line of the lot and the nearest part of any buildings or structures
on the lot. The "minimum" front yard shall mean the distance between the front lot
line and the nearest wall of any principal or accessory building on the lot, according
to the context in which the term is used.
3.267 "YARD, REAR" shall mean the yard extending across the full width of the lot between
the rear lot line of the lot and the nearest part of any principalbuilding or structure on
the lot. Where a rear yard is required for an accessory building in this By-law then this
definition shall apply except that the words "accessory building" shall be substituted
for "principal building". The "minimum" rear yard shall mean the minimum distance
between the rear lot line and the nearest wall of any principal building or accessory
building on the lot, according to the context in which the term is used.
3.268 "YARD, SIDE" shall mean the yard extending from the front yard to the rear yard
between the side lot line and the nearest part of any building or structure on the lot.
3.269 "YARD, INTERIOR SIDE" shall mean the side yard extending from the frontyard to the
rear yard between the side lot line and the nearest part of any building or structure
on any lot and excluding any exterior side yard. The "minimum"interior sideyardshall
mean the minimum distance between an interior side lot line and the nearest wall of
any principal or accessory building on the lot, according to the context in which the
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
31
term is used.
3.270 "YARD, EXT ERIOR SIDE" shall mean the side yard of a corner lot in which the side
yard extends from the front yard to the rear yard between the sidestreetline and the
nearest part of any building or structure on thecornerlot. The "minimum"exterior side
yard shall mean the distance between the exterior side lot line and the nearest wall
of any principal or accessory building on the lot, according to the context in which
the term is used.
3.271 "ZONE" shall mean a designated area of land use shown on the Schedules of this By-
law.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
32
SECT ION 4 - ADMINIST RATION
4.1
ZONING ADMINIST RATION
This By-law shall be administered by a person appointed by the Council of the
municipality as the Chief Building Official.
4.2
ISSUANCE OF BUILDING PE RMITS
Where land is proposed to be used or a building or structure is proposed to be
erected or used in violation of this By-law, no permit or licence required under
any by-law of the Corporation for the use of the land or for the erection or the
use of the building or structure shall be issued.
4.3
APP LICAT IONS FOR BUILDING PE RMIT S
In addition to the requirements of the Ontario Building Code, the Corporation's
Building By-law or any other by-law of the Corporation, every application for a
building permit shall be accompanied by plans (which depending upon the
nature and location of the work to be undertaken may be required, by the
Corporation, to be based upon an actual survey prepared by an Ontario Land
Surveyor) drawn to an appropriate scale and showing the following:
i)
the true shape and dimensions of the lot to be used or upon which it is
proposed to erect any building or structure;
ii)
the proposed location, height and dimensions of the building, structure or
work in respect of which the permit is being applied for;
iii)
the location of every building or structure already erected or partly erected
on such lot;
iv)
the proposed locations and dimensions of yards, landscaped open spaces,
parking areas, and loading spaces required by this By-law;
v)
proposed grading or change in elevation or contour of the land and the
proposed method for the disposal of storm and surface water from the land
and from any building or structures thereon;
vi)
a statement signed by the owner or his agent duly authorized thereinto in
writing, filed with the Chief Building Official, which statement shall set forth in
detail the intended use of each building and structure or part thereof and
giving all information necessary to determine whether or not every such
building or structure conforms with the regulations of this By-law.
4.3.1
In addition to the above requirements, every application which involves the
installation, enlargement or reconstructionof a well or a sewagedisposal systemshall
be accompanied by:
i)
in the case of a well, a well driller's report demonstrating a water pumping
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
33
capacity satisfactory to the Chief Building Official;
ii)
in the case of a well, a bacteriological analysis demonstrating a potable water
supply; and
iii)
in the case of a well and/or sewage disposal system, approval in writingfrom
the appropriate responsible authority for the proposed well or method of
sewage disposal.
4.3.2
In addition to the above, where lands lie within established fill or flood lines, any
building permit application in respect of such land shall be accompanied by the
written approval and technical recommendations of the Conservation Authority
having jurisdiction.
4.4
INSP ECTION OF LAND OR BUILDINGS
Where the Chief Building Official has reasonto believethatany personhasusedland
or used a building or structure contrary to this By-law, he/she, or an employee of the
municipality authorized by him/her, may at any reasonable hour, enter and inspect
the land, building or structure.
4.5
VIOLAT IONS AND PE NALT IES
Any person who contravenes any provisions of the By-law is guilty of an offence,and
on summary, the offender shall be liable to be fined under the provisions of the
Provincial Offences Act.
The conviction of an offender upon the breach of any of the provisions of this By-law
shall not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any such provision and any court of competent
jurisdiction may convict any offender repeatedly for repeated breaches of the By-
law.
4.6
OCCUPAT ION OF BUILDINGS
Occupation of all new buildings and converted dwellings shall require a Certificate
of Occupancy from the municipal Building Department in accordance with the
Ontario Building Code and any other municipal by-laws.
4.7
CER T IFICAT E OF CONVER SION
Where a Certificate is for the conversion of a seasonal dwelling to a permanent
dwelling, the following additional regulations apply:
i)
a rezoning to a zone category deemed appropriate by the municipality shall
be required;
ii)
the applicant shall prepare a site plan showing the location and size of all
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
34
existing and proposed buildings and structuresandthelocationof theexisting
or proposed sanitary sewage disposal system, as well;
iii)
the applicant shall comply with the regulations of the approving agencywith
respect to sewage disposal for year-round occupancy.
iv)
the applicant has been issued a building permit in accordance with the
Ontario Building Code in effect at the time of the zone change;
v)
the applicant has satisfied themunicipalitythattheelectrical systemhasbeen
inspected and approved by the appropriate authority;
vi)
the applicant shall submit a letter of compliance from a heating contractor
that the heating system is adequate for permanent year-round occupancy;
vii)
that the applicant has entered into an agreement with the municipality
indicating that the municipality will not be held responsible for road
maintenance and waste collection.
4.8
VALIDIT Y, EFFECTIVE DAT E AND EXIST INGBY-LAWS
4.8.1
Validity
If any section, clause or provision of theBy-law,including anything contained on the
attached schedules hereto, is for any reason declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the By-law as a
whole or any part thereof other than the section, clause, or provision so declared to
be invalid and it is hereby declared to be the intention that all the remaining
sections, clauses or provisions of this By-law shall remain in full force and take effect
until repealed, notwithstanding that one or more provisions thereof shall havebeen
declared to be invalid.
4.8.2
Effective Date
This By-law shall come into force and take effect upon being passed by the Council
of the municipality.
4.8.3
Existing By-laws
All by-laws in force within the Corporation regulating the use of lands and the
character, location, bulk, height and use of buildings and structures are amended
insofar only as it is necessary to give effect to the provisions of this By-law and the
provisions of this By-law shall govern unless otherwise specified.
4.8.4
Repeal of ExistingZoning By-law
By-law No. 9-86 as amended of the Corporation of the Township of Mayo is hereby
repealed.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
35
By-law No. 86/4 as amended of the Corporation of the Township of Carlow is hereby
repealed.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
36
SECT ION 5 - GENE RAL PROVISIONS
5.1
APPL ICAT ION
This By-law shall apply to all lands within the municipality, and shall take effecton the
day it is enacted.
5.2
INTE RPR ET AT ION
Nothing in this By-law shall be construed to exempt any person from complying with
the requirement of any by-law of the Municipality or the Corporation of the County
of Hastings or from any law of the Province of Ontario or Canada, or any regulations
under the provisions of the Conservation Authorities Act of a Conservation Authority
having jurisdiction or from any other law in force from time to time.
5.2.1
In this By-law, the word "shall" is mandatory.
5.3
ZONES
5.3.1
For the purpose of this By-law, the municipality has been divided into zones, the
boundaries of which are shown on the attached schedules.
5.3.2
The attached schedules are detailed maps for portions of the municipality.
5.3.3
The zones are referred to by the following namesor symbolsand areidentifiedon the
attached schedules by the following symbols:
ZONE
SYMBOL
PAGE NO.
RURAL ZONE
RU
58
RURAL RESIDENTIAL ZONE
RR
62
MOBILE HOME RESIDENTIAL ZONE
MHR
65
RESIDENTIAL ZONE
R
67
COMMERCIAL ZONE
C
71
RECREATIONAL/RESORT COMMERCIAL ZONE
RRC
76
INDUSTRIAL ZONE
I
80
MINERAL EXTRACTIVE ZONE
MX
83
WASTE DISPOSAL ZONE
WD
85
COMMUNITY FACILITY ZONE
CF
88
GROUP HOME ZONE
GH
90
OPEN SPACE ZONE
OS
91
ENVIRONMENTAL PROTECTION WETLAND ZONE
EPW
92
ENVIRONMENTAL PROTECTION ZONE
EP
93
5.3.4
Where the boundary of any zone is uncertain,and theboundary is shownfollowinga
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
37
street,
lane,
railway
right-of-way,
electric
transmission
line,
right-of-way
or
watercourse, then the centre line of the street, lane, railway right-of-way, electric
transmission line, right-of-way or watercourse is the zone boundary.
5.3.5
Where the boundary line of a zone does not correspond to a property line, to the
centre line of a street,highway line, right-of-way or watercourse,the location of said
boundary line shall be scaled from the scale shown on the attached schedules.
5.3.6
Where the boundary of any zone is uncertain and notwithstanding the provisions of
this subsection, the dimensions contained in any amending by-law shall apply.
5.3.7
Where the regulations of a zone include a requirement that the minimum yard of a
lot or parcel of land shall be a specific number of metres, such minimum yard shall
be determined by measuring at right angles from either the street line of the public
street or the lot line abutting such yard in the direction of such lot or parcel of land a
distance equal to the said specific number of metres in the relevant regulation of
such zone.
5.3.8
Subject to the provisions of Section 5.13, the minimum lot area shall be as contained
in the appropriate section of this By-law for the zone in which the lot is located or
such larger area as may be required by the appropriate authority pursuant to the
provisions of the Health Promotion and Protection Act.
5.3.9
Zones cited using a generic term (and lower case letter) refer to the following:
4)
a rural zone: includes Rural;
5)
a residential zone: includes Rural Residential, Residential, Mobile Home
Residential;
6)
a commercial zone includes: Commercial, Recreational/Resort Commercial;
7)
an industrial zone includes: Industrial.
5.4
HOLDING ZONES
Where any zone symbol as shown on the attached schedules is followed by the
symbol "h", this signifies that no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure until such time as the holding symbol has been
removed by the municipality in accordance with the provisions of the Planning Act.
Upon removal of the holding symbol the permitted use of the subject property and
the erection of any buildings or structures thereon shall be undertaken in
accordance with the provisions of the underlying zoning category.
5.4.1
ZoneRegulations
Uses existing prior to the passing of this By-law and accessory uses thereto may be
enlarged, reconstructed, renovated or replaced in accordance with the relevant
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
38
zone regulations where such use is normally permitted.
5.4.2
General Provisions
All special provisions of this Section 5 "General Provisions" shall apply, where
applicable to any land, lot, building, structure or use within zones subject to the
aforementioned "Holding" criteria.
5.5
PR OHIBIT IONS
5.5.1
No person shall use any land or erect any building or structure within a zone except
for a permitted use established or erected in accordance with the regulations
provided by this By-law for the zone in which it is located.
5.5.2
No person, except a public authorityengaged in theimplementationof publicworks
or services shall reduce in area or frontage any lot already built upon, either by
conveyance or alteration, so that the lot coverage of the building exceeds the
maximum permitted by this By-law, or so that the area or frontage of the lot will be
less than the minimum permitted by this By-law for the zone in which the lot is
located.
5.5.3
Except in a commercial or industrial zone, not more than one permitted use shall be
allowed on a lot unless specifically permitted in this By-law. This section shall not
prohibit the establishment of a home occupation or home industry in conjunction
with a dwelling where such use is permitted.
5.5.4
The purpose for which any land or building is used shall not be changed, no new
building or addition to any existing building shall be erected and no land shall be
severed from a lot, if such change, erection or severance creates a situation that
contravenes any of the provisions of this By-law applicable to each individual
remaining building, accessory building or lot.
5.5.5
Except as otherwise provided in this By-law, no building or structureshall be erected,
altered, extended or enlarged except upon a lot nor shall any land be used for any
permitted use unless it comprises a lot as defined herein; but this provision shall not
prevent the use of any parcel or tract of land for agricultural purposes excluding the
erection or enlargement of any building or structure except a fence.
5.5.6
No person shall erect or use any building as a dwelling upon any lot on which
another building, used or intended to be used as a dwelling, already exists, or which
is in the course of construction, or for which a building permit has been issued.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
39
5.5.7
Notwithstanding anything contained in thisBy-law,no personshall use or occupyany
building for residential purposes:
i)
unless such building has been substantially completed and finished in all
respects in accordance with the plans and specifications filed upon
application for the building permit,
ii)
unless such building is serviced with electricity, a pressure well water supply
system, and an appropriate sanitary sewage disposal system, and
iii)
notwithstanding anything containedin thisBy-law,no cellar/basementor part
of a cellar/basement of any building shall be used as a whole dwelling unit,
and the whole or any part of a cellar/basement shall not be used for
calculating the required minimum gross floor area or minimum ground floor
area of any dwelling or dwelling unit.
5.5.8
i)
Notwithstanding anything contained in the By-law, no person shall use any
building, structureor land for any purposethatwouldhavea negative impact
on groundwater resources in the municipality. As part of the building permit,
severance or rezoning process, the applicant may be required to obtain
Ministry of Environment approval for any use.
ii)
No building permit shall be issued for any building or structurewhichrequires a
septic tank unless the building permit application is accompanied by
approval in writing from the appropriate responsible authority for the
proposed method of sewage disposal.
5.6
PL ANNED WIDT H OF ROAD
5.6.1
Notwithstanding any other provision contained in this By-law, no building or structure
shall be hereafter erected in any zone closer than the sum of the front yard or
exterior side yard requirement for such zone and the following where applicable:
i)
15.5 metres (50.9 ft.) from the centre line of Provincial Highways and former
County of Hastings roads; and
ii)
10 metres (32.8 ft.) from the centre of the right-of-way of all other publicroads
in the municipality.
5.6.2
Notwithstanding the provisions of this by-law to the contrary, where a building,
structure or accessory use thereto is to be erectedin a built-up areawherethereis an
established building line, such dwelling or accessory use is notto be erectedcloserto
the street line or to the centre line of the road or street, as the case may be, than the
established building line on the date of passing of this By-law.
5.7
ENVIRONMENTAL PROTECTION (EP ) AND ENVIRONMENTAL PR OTECTIONWE T LAND
(EP W) ZONES
5.7.1. Lands Zoned Environmental Protection
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
40
i)
Waterbodies and permanent watercourses have been zoned Environmental
Protection (EP).
ii)
Lands that may pose a threat to life and property because of inherent
physiographic characteristics such as floodplains, erosion hazards, poor
drainage, organic soil, steep slopes or other similar physical limitations have
been zoned Environmental Protection (EP).
iii)
Notwithstanding any other provisions of this By-law to the contrary, all lands
within the Environmental Protection Zone may continue to be used for those
uses existing as of the date of passage of this by-law.
iv)
Prior to issuing a building permit for any building or structure within the
Environmental Protection Zone, the municipality should be satisfied that no
physical hazard exists which would cause harm to life or property.
The
municipality may require technical reports to be submitted in support of any
development (i.e. drainage reports, slope stability reports, environmental
reports) and may require the written approval of the Conservation Authority.
v)
Lands zoned as Environmental Protection may be used in calculating
minimum lot area and minimum lot frontage requirements.
5.7.2
Lands Zoned Environmental Protection Wetland(EP W)
i)
Provincially Significant Wetlands within the municipality have been zoned
Environmental Protection Wetland (EPW) .
ii)
Notwithstanding any other provisions of this By-law to the contrary, all lands
within the Environmental Protection Wetland Zone may continue to be used
for those uses existing as of the date of passage of this by-law.
iii)
New buildings, structures or uses, or additions, alternations or replacement of
existing buildings or structures, notwithstanding Section 5.12 hereof to the
contrary, shall only be permitted where an Environmental Impact Statement
(EIS), prepared in accordance with Section 3.2.8 of the Official Plan, assesses
to the satisfaction of the municipality, the Ministry of Natural Resources, the
Conservation Authority and the Health Unit that the proposed development
will have no impact on the Wetland.
iv)
Lands zoned as EnvironmentalProtection Wetland may be usedin calculating
minimum lot area and minimum lot frontage requirements.
5.8
ENVIRONMENTALLY SENSIT IVE LANDS
Environmentally Sensitive Lands are those lands identified as natural heritage areas
and systems having significant biological, geological, zoological or other unique
natural features such as wildlife habitat, areas of natural and scientific interest,
habitat of threatened or endangered species, woodlands and valley lands.
Environmentally Sensitive Lands are shownby an overlayon theattached schedules.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
41
Development of these lands shall be in accordance with the underlying land use
designation.
Development within a deer concentration area (deer yard)shall be permitted within
100 metres (328 ft.) of a public road. Development within these areas beyond 100
metres of a public road may be permitted where the landowner has entered intoan
agreement with theMunicipality in consultationwiththeMinistry of Natural Resources.
5.9
LANDS
ADJACENT
T O
WATERBODIES ,
WATERCOURS ES,
EMBANKMENTS,
FLOODPL AINS AND ENVIRONMENTALLY SENSIT IVE LANDS
Notwithstanding anything in this By-law, no permit shall be issued for any building to
be constructed within those areas outlined in subsections 5.9.1, 5.9.2 and 5.9.3herein
without the prior written approval of the Conservation Authority, the Ministry of
Natural Resources and/or the Canadian Parks Service having jurisdiction.
5.9.1
No building or structure,including a municipal drain(except wherea municipal drain
forms part of a road allowance) shall be located within the flood plain of a
watercourse, notwithstanding that such watercourse is not shown on any schedule
forming part of this By-law.
5.9.2
Notwithstanding anything in this By-law, no building, structure, or septic tank
installation including the weeping tile field ('no development') shall be located:
i)
within 30 metres (98.4 ft.) of the highwatermark of a waterbody or permanent
watercourse, notwithstanding that such body of water or watercourse is not
shown on any schedule forming part of this By-law; or
ii)
within 15 metres (49.2 ft.) of the top of bank; or
iii)
within 30 metres (98.4 ft.) of an Environmental Protection Wetland Zone.
5.9.3
The provisions of subsections 5.9.1 and 5.9.2 shall not apply to buildings, structures
and services requiring direct access to the water as an operationalnecessity such as
a boathouse, marina, marine facility, or other similar structure.
5.9.4
Development that is proposed on lands adjacent to Environmentally SensitiveLands
shall be permitted provided that a satisfactorily completed Environmental Impact
Statement, prepared in accordance with Section 3.2.8 of the Official Plan is
submitted and approved by the municipality in consultation with the Ministry of
Natural Resources, the Conservation Authority and the Health Unit. The following
measures of adjacency shall be used:
Fish Habitat
30 metres (98.4 ft.)
Significant Woodlands
50 metres (164.0 ft.)
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
42
Significant Valleylands
50 metres (164.0 ft.)
Significant Wildlife Habitat including habitat of
endangered/threatened species
50 metres (164.0 ft.)
Areas of Natural and Scientific Interest
50 metres (164.0 ft.)
5.9.5
Development that is proposed on lands adjacentto Provincially SignificantWetlands
(and beyond the minimum 30 metre (98.4 ft.) 'no development' area outlined in
Section 5.9.2 iii) but within 120 metres (393.7 ft.) of the wetland) shall be permitted,
provided that a satisfactorily completedEnvironmentalImpactStatement,prepared
in accordance with Section 3.2.8 of the Official Plan, is submitted and approved by
the Municipality in consultation with the Ministry of Natural Resources, the
Conservation Authority and the Health Unit.
5.9.6
Development proposals within300metresof thefollowingcold waterlakes shouldbe
accompanied by a cold water Lake Capacity Study prepared in accordance with
Section 3.2.9 of the Official Plan and should be reviewed by the appropriate
authority prior to approval. The following are cold water lakes within Carlow/Mayo
Township:
Limestone Lake
Little Mayo Lake
Mephisto Lake
5.9.7
In accordance with the Provincial Policy Statement,new buildings, structuresor uses
or additions, alterations or replacement of existing buildings or structuresassociated
with established agricultural activities shall be permitted without the need for an
Environmental Impact Study on lands adjacent to a Provincially SignificantWetland.
5.10
NON-CONFORMING US ES
5.10.1 Continuation of ExistingUses
The provisions of this By-law shall not apply to prevent the use of any lot, building or
structure for any purpose prohibited by this By-law if such lot, building, or structure
was lawfully used for such purpose on the day of passing of this By-law, so long as it
continues to be used for that purpose.
5.10.2 BuildingP ermit Issued
The provisions of this By-law shall not apply to prevent the erection or use for a
purpose prohibited by this By-law of any building or structure, the plans for which
have prior to the passing of this By-law been approved and a permit issued by the
municipality's Chief Building Official so long as thebuilding or structure whenerected
is used and continues to be used for the purpose for which it was erected and
provided that the erection of such a building or structure is commenced within one
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
43
year after the day of the passing of this By-law and the building or structure is
completed within a reasonable time after the erection thereof is commenced.
5.10.3 Restoration to a Safe Condition
The provisions of this By-law shall not apply to prevent the strengthening to a safe
condition of any non-conforming building or structure or part thereof provided such
strengtheninggenerally does not increasetheheight, sizeor volume,of suchbuilding
or structure.
5.10.4 Rebuilding or Repair or Strengthen to Safe Condition Permitted on Lands Zoned as
Environmental Protection andE nvironmental Protection Wetland
Nothing in this By-law shall prevent the rebuilding or repair of any legal non-
conforming building or structure that is damaged or destroyed, or the strengthening
to a safe condition of any building or structure which does not conform to the
provisions of this By-law, subsequent to the passage of this by-law, provided that the
dimensions of the original building or structure are not increased and the use of the
building or structure not altered.
5.11
NON-COMPLIANCE OF EXIST INGUS ES
5.11.1 Buildingon ExistingLots
Where a building has been lawfully erected prior to the date of thepassingof thisBy-
law on a lot having less than the minimum frontage and/or area, or having less than
the minimum front yard, side yard, rear yard or usable open space required by this
By-law, the said building may be enlarged, reconstructed, repaired or renovated
provided said enlargement, reconstruction, repair or renovation does not serve to
further reduce a required yard or required usableopenspaceand provided all other
provisions of this By-law are complied with.
5.12
REPL ACEMENT OF BUILDINGS OR ST RUCTUR ES
A building or structure, including a legal non-conforming and/or legal non-
complying building or structure,may be replaced with a new building or structure in
the case of partial or complete destruction caused by fire, lightning, explosion,
tempest, flood or act of God, or demolition by order of the municipality, the local
Health Unit, or other authority for safety, health or sanitation requirements, providing
such building or structure is serviced by a well and sewagedisposalsystemapproved
by the appropriate responsible authority. The provisions of Section 5.11 shall apply in
the case of the reconstruction of a legal non-complying building or structure.
5.13
EXIST INGUNDE RSIZED LOTS
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
44
Where a lot having a lesser lot area and/or lot frontage than that required herein is
held under distinct and separate ownership from abutting lots, as shown by a
registered conveyance in the records of the Registry or LandTitlesOfficeon thedate
of passing of this By-law, or where such a lot is created as a result of an expropriation,
such smaller lot may be used and a building or structure may be erected, altered or
used on such smaller lot, provided that the parcel has a minimum frontage of fifty
percent (50%) or more of the minimum frontage required by the zone in which the
parcel is situated,provided that an adequate supply of potablewateris available to
service the proposed use, provided such erection, alteration or use does not
contravene any other provisions of this by-law and provided that all relevant
requirements of the appropriate authority are complied with.
5.14
YARD ENCROACHMENTS PERMIT T ED
5.14.1 Except as otherwise provided in this By-law, every part of any required yard shall be
open and unobstructed by any building or structure from the ground to the sky,
except for:
i)
sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters or
other ornamental features, provided however that the same shall not project
more than .6 metres (2 ft.) into any required yard;
ii)
drop awnings, clothes poles, garden trellises, TV or radio antennae including
satellite dish antennae, or similar accessories;
iii)
fences, solar collectors, parking lots, retaining walls, gatehouses in industrial
zones, driveways, patios and other such uses as specifically permitted in this
By-law;
iv)
a)
signs,
provided
however
that the
same
shall
be
erected
in
accordance with the provisions of any Sign By-law of the Municipality,
County or the Ministry of Transportation;
b)
in lieu of a municipal sign by-law:
in a residential zone, there shall be no display other than a sign
of a maximum size of 0.55 square metres (6.0 sq. ft.) to indicate
that any part of a dwelling is being used for a purpose other
than residential. Furthermore, such a sign shall be set back a
minimum of 3 metres (9.8 ft.) from any lot line;
in an industrial, rural or commercial zone, one temporary,
portable roadside sign per lot frontage may be located with
the written approval of the property owner and Council. The
temporary portable sign shall be located on private property
and shall not interfere with parking or traffic circulation on the
site or adjoining roadway;
v)
light standards, fuel pump islands and fuel pumps of automobile service
stations, provided however that the same shall be erected in accordance
with the applicable provisions of this By-law;
vi)
fire escapes, provided however that the same shall project into any required
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
45
side or rear yard a distance of not more than 1.5 metres (4.9 ft.); and
vii)
accessory buildings, provided however that the same shall be erected in
accordance with the applicable provisions of this By-law.
5.14.2 Notwithstanding the yard provisions of this By-law to the contrary, canopies, steps
and unenclosed and uncovered decks and porches may project into any required
front or rear yard a maximum distance of 1.5 metres (4.9 ft.). This however, does not
permit a balcony and/or porch to extend into a required yard if in fact the balcony
and/or porch is an addition to the house intended to circumvent the intent of this
section. For the purpose of this section, a "deck" shall mean a horizontal surface
supported on piers, free of any roof or othercovering, and whichmay be surrounded
by a railing, the height of which is governed by the Ontario Building Code.
5.14.3 Notwithstanding any other provisions of this By-law, a railway spur shall be permitted
inan industrial zone within a required yard. Wheresuchyardabutsa residentialzone,
the railway spur shall conform to the yard and setback requirements of the zone in
which it is located.
5.15
LANDS SEVER ED BY PUBL IC UT ILIT Y LINES
Where lands are acquired for the purpose of a public utility line and such acquisition
deprives a parcel of land of street frontage, the part of such parcel so deprived of
street frontage shall be deemed for the purpose of this By-law to have frontage on
such street providing the land has a permanent right of access to such street.
5.16
T EMPORARY US ES
Nothing in this By-law shall prevent the use of any land, or the erection or use of any
building or structure for a construction camp, work camp, tool shed, scaffold, or
other building or structure including a temporary sales or rental office, which is
incidental to and necessary for constructionworkof thepremises, butonly for so long
as such use, building or structure is necessary for such construction work which has
not been finished or abandoned. "Abandoned" in this Section shall mean the failure
to proceed expeditiously with the construction of a work, specifically abeyance of
construction for six months.
5.17
PU BL IC US ES AND UT ILIT IES AND COMMUNIT Y FACILIT IES
5.17.1 Notwithstanding anything contained in this By-law, the municipality or any local
board thereof, any telephone or telegraph company, any transportation system
owned, operated, or authorized by or for the municipality, any Department of the
Federal or Provincial Government or any Conservation Authority established by the
Government of Ontario, may, for purposes of public service, use any land or erector
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
46
use any building or structure in any zone except Environmental Protection or
Environmental Protection Wetland provided:
i)
that such use, building or structure, shall be in compliance with the height,
coverage, landscaped open space and yard regulations prescribed for such
a zone;
ii)
that there shall be no open storage of goods, materials, or equipment in the
yards of any residential zone; and
iii)
that any building or structure erected or used in any residential zone shall be
of a character and shall be maintained in general harmonywiththebuildings
of the type permitted in the said zone.
5.17.2 Nothing in this By-law shall prevent the use of any land as a public park, a public
street or for the location of a properly authorized traffic sign or signal, or any sign or
notice of any Municipal, Provincial or Federal government department or authority.
5.17.3 Where in a zone in this by-law under the heading of "Permitted Uses" a public use is
specifically permitted within a zone, then such use shall only be permittedwithin that
zone.
5.17.4 Where in this by-law a public use is not specifically referred to in any zone, then such
public use shall be permitted in any zone.
5.17.5 The minimum distances of buildings or structures owned or operated by any utilities
from any lot line shall be 2.5 metres (8.2 ft.) and from the centreline of any road shall
be 10 metres (32.8 ft.).
5.18
MUL T IPL E US ES ON ONE LOT
Notwithstanding anything contained in this By-law,whereany land or building is used
for more than one purpose, all provisions of this By-law relating to each use shall be
complied with, provided that no dwelling shall be located closer than three (3)
metres (9.8 ft.) to any other building on the lot except a building accessory to such
dwelling. A dwelling or dwelling unit as an accessory use will be allowed where
permitted by this By-law in accordance with Section 5.19 below.
5.19
DWE LLING OR DWE LLING UNIT AS AN ACCES SORY US E IN A NON-RESIDENT IAL
SET T ING
No person shall use any lot or erect, alter or use any building or structure for the
purpose of a dwelling or dwelling unit where the zoning is not residential except in
accordance with the following regulations:
i)
A single detached dwelling may be permitted with a private water supply
and sewage disposal system having the approval of the appropriate
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
47
authority.
ii)
A dwelling as a separate structure shall have a minimum grossfloor areaof 89
square metres (958.0 sq. ft.) and where there is more than one floor, a
minimum ground floor area of 44.5 square metres (479.0 sq. ft.). A dwelling
unit as an apartment within a non-residential building shall have a minimum
gross floor area of 55 square metres (592.0 sq. ft.).
iii)
A dwelling unit shall have separate bathroomand kitchen facilities from those
of the non-residential use.
iv)
Each dwelling unit shall have separate parking spaces as required by the
parking requirements hereto.
v)
The dwelling unit shall have a separate building entrance to that provided for
the non-residential use.
vi)
Separate storage facilities containing a minimum of 2.8 sq. metres (30 sq. ft.)
shall be provided for each dwelling unit.
vii)
In a Commercial zone, one dwelling unit shall be permitted in a non-
residential building provided it is located on the second storey of such
building, or at the rear of such building if on the main floor.
viii)
Notwithstanding the provisions of clause 5.19(ii) of this subsection, the gross
floor area of the residential portion of a non-residential building in a
Commercial zone shall not exceed one hundred (100) percent of the non-
residential floor area.
ix)
A single detached dwelling as a separate structure shall be permitted if
occupied by the owner,caretaker,watchman or similarperson,provided that
such person is employed on the lot on which such dwelling house is located.
x)
A dwelling unit shall be permitted in a portion of a non-residential building,
except in the case of an automobile service station or automobile sales
agency, where such dwelling unit shall not be permitted.
5.20
PR OHIBIT ED US ES
5.20.1 Except as otherwise specifically permitted in this By-law, the following uses are
prohibited in any zone;
8)
refining coal oil or petroleum products;
9)
tanning hides or skins;
10)
manufacturing gas;
11)
manufacturing glue;
12)
a track for the racing of
motor vehicles, motorcycles, go-carts or
snowmobiles; and
13)
locating or storing on any land for any purpose whatsoever, any disused
railroad car, truck, bus or coach body, whether or not the same is situatedon
a foundation.
5.20.2 In addition to the uses prohibited in Clause
5.20.1 of this subsection, any use is
prohibited which by its nature or the materials used therein is declared under the
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
48
Health Protection and Promotion Act to be a health hazard.
5.20.3 In addition to the uses prohibited in Clause 5.20.1 of this subsection, all uses of land
and the erection or use of any building or structure for a purposenotpermittedunder
the "Permitted Use" subsection of one or more zones established by this By-law are
and shall be deemed to be prohibited in each such zone, except for those uses of
land and the erection or use of any building or structure for a purpose expressly
permitted under the applicable provisions of this By-law.
5.21
KENNELS
5.21.1 Kennels shall be separated from a residential use by a minimum of 100 metres (328.1
ft.).
5.21.2 No more than 12 dogs over the age of 4 months shall be kept in the kennels.
5.21.3 No kennel shall be erected within45 metres (147.6 ft.) of the lot line of adjacent lands
which are held in separate and distinct ownership.
5.21.4 Enclosed exercise areas or runs shall be provided.
5.21.5 A minimum of 9.3 square metres (100 square feet) shall be providedfor each animal.
5.21.6 Where a kennel existed as of the date of passing of this by-law which does not
comply with the foregoing setback or yard requirements, such kennel shall not be
extended, enlarged, reconstructed or altered if the effect of such extension,
enlargement, reconstructionor alteration thereofis to further reduceor encroachon
the setback, yard or yards that is or are less than required.
5.22
SPE CIAL OCCASION US ES
5.22.1 Nothing in this by-law shall prevent the use of land in any zone where a residential
use is permitted for the purpose of a garage sale or yard sale but such use shall not
be conducted more than four times in one calendar year and for not more than 48
consecutive hours.
5.22.2 Nothing in this by-law shall prevent the use of land in any zone for the purpose of
special occasion events such as a concert, a fundraising event, fair or other similar
use provided such use is not operated more than four times in one calendar year
and for not more than 72 continuous hours. The municipality may issue a special
occasion permit in accordance with the municipal by-laws.
5.23
T RUCK, BUS AND COACH BODIES
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
49
Except as otherwise specifically permittedin thisBy-law,no truck,bus,coachbody or
structure of any kind, other than a dwelling unit erected and used in accordance
with this and all other By-laws of the municipality shall be used for human habitation.
5.24
SWIMMING POOLS
Notwithstanding any other provisions of this By-law a swimming pool is permitted as
an accessory use in any residential, agricultural, commercial, community facility or
open space zone provided that:
i)
no part of such pool shall be located closer to any lot line or street line than
the minimum distance required for an accessory building locatedon suchlot;
ii)
except in the case of an above ground pool, the maximum height of such
pool shall be 2.5 metres (8.2 ft.) above the established grade;
8)
any building or structure required for changing clothing or for pumping or
filtering facilities, or other similar accessory uses shall meet all of theaccessory
building requirements of the zone in which the pool is located;
iv)
except in the case of an above ground pool, every swimming pool shall be
enclosed by a fence of at least 1.52 metres (5.0 ft.) in height that is located at
a distance of not more than 4.5 metres (14.8 ft.) from the pool or by the walls
of a dwelling in conjunction with a fence located as described above. An
above ground swimming pool shall be enclosed by a fence included as part
of the swimming pool's standard equipment and where such fencing is not
provided by a fence erected in accordance with the criteria set out above.
5.25
ACCESSORY BUILDINGS
5.25.1 The total lot coverage of accessory buildings and structures including detached
private garages shall not exceed five (5) percent of the lot area except where a
swimming pool or tennis court is provided, in which case the total lot coverage for
accessory uses shall not exceed twenty (20) percent.
In no case shall the lot
coverage of all buildings on a lot exceed themaximumlot coverageof theprincipal
use set out in the applicable provisions of this By-law.
5.25.2 An accessory building in the RR zone shall have a maximum gross floor area of 74.3
sq. m (800 sq. ft.) but in no case shall the total lot coverage of all buildings exceed
the maximum lot coverage of 20 percent in the RR zone.
5.25.3 Any accessory building which is not part of the main building shall be erected to the
rear of the projected front or exterior side wall of themainbuilding. Whereaccessory
buildings are located behind the main buildings, they shall be located in
accordance with the provisions of the particular zone.
5.25.4 Where an accessory building is attached to the main building, the front yard, side
yard, rear yard and area requirements of this By-law shall be complied with as if the
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
50
accessory building was part of the main building.
5.25.5 No person shall use an accessory building for human habitation except where a
dwelling is permitted as an accessory building.
5.25.6 An accessory building shall not be built closer to any lot line than the minimum
distance required by this By-law except thatcommon semi-detached garages may
be erected on a mutual side lot line.
5.25.7 Except in accordance with Section 5.16, no accessorybuildingshallbe erected prior
to the erection of a principal building or structure.
5.25.8 The minimum distance of an accessory building from a principal buildingshall be 3.0
metres (9.8 ft.).
5.26
FRONTAGE ON A ST REET
No person shall erect any building or structure in any zone unless the lot upon which
such building or structure is to be erected fronts upon a public street.
For the
purposes of this By-law a street does not include an unopened road allowance, a
lane, or an unassumed road on a Registered Plan which has been deemed not to
be a Registered Plan under the Planning Act. The aboveprovisions shall notapply to
prohibit the erection of any building on a lot on a registered plan of subdivision
where a subdivision agreement has been entered intobutin whichthestreets willnot
be assumed until the end of the maintenance period.
5.27
RESIDENTIAL EXT ERIOR SIDE YARDS
Notwithstanding any provisions of this By-law to the contrary, the minimum required
exterior side yard may be reduced to a minimum of three(3)metres(9.8ft.)provided
that for every one (1) metre or part thereof, the exterior side yard is reduced below
the minimum requirement, the minimum front yard shall be correspondingly
increased by the same distance.
5.28
SIGHT T RIANGLES
Unless otherwise specified in this By-law, on a corner lot, within the triangular space
formed by the street lines and a line drawn from a point in one street line to a pointin
the other street line, each point being measured nine (9) metres (29.5 ft.) along the
street lines from the point of intersection of the street lines, no building or structure
which would obstruct the vision of drivers of motor vehicles shall be erected and no
trees, shrubs, hedges, fences or walls shall be planted, erected or maintained of
greater height than one (1) metre (3.3 ft.) above the centreline of theadjacent road
at the lowest point. Where the two street lines do not intersectat a point, the pointof
intersection of the street lines shall be deemed to be the intersectionof the tangents
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
51
to the street lines.
5.29
HOME OCCUPAT IONS
Home occupations are categorized as Type 'A' and Type 'B' home occupations.
Home occupations Type 'A' and Type 'B' are permitted in the zones as indicated in
this By-law in accordance with the following:
i)
there is no display, other than a sign of a maximum size of .55 square metres
(6.0 sq. ft.) to indicate to persons outside that any part of the dwelling is being
used for a purpose other than residential. Furthermore, such a sign shall be
setback a minimum of 3 metres (9.8 ft.) from any lot line;
ii)
such home occupation is clearly secondary to the main residential use and
does not change the residential character of the dwelling nor create or
become a public nuisance; in particular,in regardto noise,obnoxiousodours,
emission of smoke, traffic or parking;
iii)
such home occupation does not interfere with television or radio reception;
iv)
not more than 25 percent of the gross floor area of the dwelling is used for the
purposes of home occupation uses except in the case of a bed and
breakfast establishment in which situation the provisions of subsection 5.29.3
shall apply.
5.29.1 Additional Provisions for T ype 'A' Home Occupations
Type 'A' home occupations shall be conducted entirely within the principal
residence and shall be limited to administrative office type uses only and may
employ a maximum of 5 employees other than those residing in the dwelling.
5.29.2 Additional Provisions for T ype 'B' Home Occupations
Type 'B' home occupations shall be conducted entirely within the principal
residence and shall be limited to personal service and medical occupations such as
hairdressers, day nurseries limited to 5 childrenor less,doctorsand dentistsofficesand
may employ a maximum of 5 persons in addition to personsresiding in theresidence.
5.29.3 Additional Provisions for BedandB reakfast as a Home Occupation
Where a bed and breakfast establishment is established as a home occupation, no
more than 6 guest rooms shall be maintained for the accommodation of the public.
5.30
HOME INDUS T RY
Home industries are categorized as Type 'A' and Type 'B' home industries. Home
industries Type 'A' and Type 'B' are permitted in the zones as indicated in this By-law
in accordance with the following:
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
52
i)
there is no open storage of goods or materials;
ii)
there is no display, other than a sign of a maximum size of .55 square metres
(6.0 sq. ft.) to indicate to persons outside, that any part of the dwelling or
accessory building is being used for a purpose other than residential.
Furthermore, such a sign shall be set back a minimum of 3 metres (9.8 ft.)from
any lot line;
iii)
the home industry is clearly secondary to the main residential use and does
not change the residential character of the dwelling nor createor becomea
public nuisance; in particular in regard to noise, noxious odours, emission of
smoke, traffic or parking;
iv)
where an interior side yard and/or rear yard abuts a residential zone, then
such interior side yard and/or rear yard shall be a minimum of 15 metres (49.2
ft.).
This 15 metre (49.2 ft.) area shall be maintained in an open space
condition and the open storage of goods or materials shall not be permitted
within this 15 metre (49.2 ft.) area;
v)
the home industry does not interfere with television or radio reception;
vi)
there are no goods, wares or merchandise, publicly offered or exposed for
sale on the premises outside of any buildings; and
vii)
on site parking is provided in accordance with Section 5.31.
5.30.1 Additional Provisions for T ype 'A' Home Industries
Type 'A' Home Industries shall include craft shops, woodworking, repair and service
shops and similar type uses and associated retail sales in accordance with the
following:
i)
any accessory structureused for a Type 'A' home industry shallnotexceed39
sq. metres (419.8 sq. ft.);
ii)
not more than five persons not residing in the residence on the lot shall be
permitted.
5.30.2 Additional Provisions for T ype 'B' Home Industries
Type 'B' Home Industries shall includecraftshops,woodworking,lightmanufacturing,
repair and service shops and other similar type uses and associated retail sales in
accordance with the following:
i)
any accessory structureused for a Type 'B' home industry shall notexceed50
sq. metres (538.2 sq. ft.);
ii)
not more than 5 persons not residing in the residence on the lot shall be
permitted;
iii)
one commercial vehicle associated with the home industry is permitted.
5.31
OFF ST REET PARKINGPR OVISION
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
53
For every building or structure to be erected for, altered for, or its use converted to
any of the uses specified in the following table, off-street parking facilities shall be
provided and maintained either on the same lot on which the principal use is
located or, where this is not possible, on a lot within 60 metres (196.9 ft.) of the lot on
which the principal use is located and in accordance with the following table and
other provisions contained in this subsection unless otherwise specifically provided.
5.31.1 MinimumP arkingSpace Requirements
a)
Residential
-
Two (2) spaces for every dwelling unit.
b)
Marina
-
One (1) space for every 2 docking
berths.
c)
Senior Citizen Multiple Dwelling
-
(i)
Up to 30 dwelling units, parking spaces shall equal 50 percent of the
number of dwelling units.
(ii)
Between 30 and 60 units, parking spaces shall equal 40 percent of the
number of dwelling units.
d)
Private or Public Hospital
or Nursing Home
-
One (1) space for every two (2) beds.
e)
Private or Commercial Club,
or Recreational Establishment -
One (1) space for every three (3)
persons to be accommodated in the
design capacity of the building.
f)
Funeral Home
-
One (1) space for every 3 chapel
seating spaces or fraction thereof with a
minimum of 10 spaces.
g)
Church or Place of Worship,
Community Hall, Arena
-
One (1) space for every three (3) persons
to be
accommodated according to
maximum permitted capacity.
h)
Schools
-
One (1) space per classroom, and
one
space
for
each
10
people
of
maximum
design
capacity
of
the
assembly hall or auditorium.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
54
i)
Government or Public
Utility Building -
One (1) space for every twenty-three (23)
square metres (247.6 sq. ft.) of gross floor
area.
j)
Business or Professional
Office -
One (1) space for every twenty-three (23)
square metres (247.6 sq. ft.) of gross floor
area or where such use conflicts with the
office of a doctor or dentist,there shall be
a minimum of three (3) parking spaces
provided on the same lot.
k)
Hotel/Motel/Resort -
One (1) space for every guest room and
one (1) space for every eight (8) square
metres (86.1 sq. ft) of gross floor area
devoted to public use.
l)
Boarding or Rooming House,
Bed and Breakfast or
-
One (1) space for each bedroom.
Tourist Home
m)
Place of Assembly such
as Halls, Fraternal Organizations,
Labour
Union Halls, Dance Halls,
Community Centres,
Theatres
-
One (1) space for every three (3) persons
of maximum design capacity.
n)
Bowling Lanes and Billiard
Establishments
-
One (1) space for every two (2)
persons of
design capacity.
Design
capacity shall mean six
(6) persons per
bowling lane and two (2) persons per
billiard table.
o)
Drive-In Restaurant or
Take-Out Restaurant-
One (1) space for very two (2) square
metres (21.5 sq. ft.) of gross floor area.
p)
Restaurant, Tavern,
Banquet Hall,
Lounge or Meeting Areas,
excluding a Drive-In or
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
55
Take-Out Restaurant-
One (1) space for every four and one half
(4.5) square metres (48.4 sq. ft.) of public
floor area or one (1) space for every four
(4) persons of design capacity, whichever
is the greater with a minimum of 10
spaces.
q)
Retail, Wholesale Sales,
Merchandise Service Shop,
or Studio -
One (1) space for every twenty-eight (28)
square metres (391.4 sq. ft.) of gross floor
area.
r)
Retail Lumber and Building
Supply Outlet -
One (1) space for every 28 square metres
(391.4 sq. ft.) of retail floor space with a
minimum of 6 spaces.
s)
Automotive Sales
Establishment,
(New and Used) -
A minimum of ten (10) spaces plus (1)
space for every employee working on the
premises during the peak business period.
t)
Industrial Establishment -
One (1) space for every
thirty-seven (37) square metres (398.3 sq.
ft.) of gross floor area.
u)
Warehouse or Bulk
Storage Yard -
One (1) space for every employee
working on the premises during the peak
business period.
v)
Post Offices, Museums,
and Libraries -
One space for every forty-six (46)
square metres (495.2 sq. ft.) or fraction
thereof of public floor area.
w)
Home Occupation or
Home Industry -
One (1) space for every eighteen (18)
square metres (193.8 sq. ft.) of floor area
devoted to the use.
x)
Uses Permitted by this
By-law Other than Those
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
56
Listed Above but Excluding
Accessory Uses to Single
Detached Dwellings -
One (1) space for every twenty-
eight (28) square metres (301.4 sq. ft.) of
gross floor area.
5.31.2 ParkingR equirements
i)
Each parking space must be readily accessible at all times and arranged in
such a manner to provide access and manoeuvring space for the parking
and removal of a motor vehicle without the necessity of moving any other
motor vehicle, except that this shall not apply in the case of a single
detached dwelling.
ii)
Ingress and egress to and from the parking aisles prescribed by this section
shall be provided by a sufficient number of adequate, unobstructed
driveways having a minimum width of six (6) metres (19.7 ft.), except that in
the case of a single detached dwelling, the width may be reduced to 3.5
metres (11.5 ft.).
iii)
All off-street parking spaces, driveways and aisles required herein shall be
constructed and maintained with a stable surface.
iv)
Where a ramp to parking aisles provides access from a street, such a ramp
shall not be located closer than seven and one half (7.5)metres (24.6ft.)from
the street line and a level stopping space shall be provided between the
ramp and the street grade so as to provide adequate vision to the street in
both directions.
v)
Where a lot, building or structure accommodates more than one type of use,
the parking requirement for the whole building shall be the sum of the
requirements for the separate parts of the lot, building or structure occupied
by the separate types of uses.
vi)
The parking requirements referred to herein shall not apply to any building in
existence at the date of enactment of this By-law so long as the gross floor
area as it existed at that date is not increased or the use changed. If an
addition is made or the use is changed, then additional parking spaces shall
be provided up to the number required for such addition.
vii)
Where the application of ratios results in a fraction of a parking space, the
required number of spaces shall be increased to the next whole number.
viii)
In the case of a parking structurecompletely or partly below finished grade,it
shall not be necessary to comply with the setback requirements of the
particular zone, except that the minimum distance between such a structure
and the street line shall be 7.5 metres (24.6 ft.).
ix)
Where parking requirements are related to seatingcapacity and seating is by
open benches, each .6 metres (2.0 ft.) of open bench shall be counted as
one seat.
x)
The lights used for illumination of parking spaces, aislesanddriveways shallbe
so arranged as to divert the light away from adjacent lots and streets.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
57
xi)
A structurenot more than four and one half (4.5)metres (14.8ft.)in heightand
not more than four and one half (4.5) square metres (48.4 sq. ft.) in area may
be erected in the parking area for the use of parking attendants.
xii)
No sign shall be erected in any parking area other than a directional sign,
signs necessarily incidental to the efficient operation of a commercialparking
lot, and a sign which gives the name of the owner. The maximum size of any
such sign shall be one (1) square metre (10.8 sq. ft.).
xiii)
No gasoline pump or other service station equipment shall be located or
maintained on any parking space or aisle.
xiv)
In a residential zone or in an urban residential zone, not more than 50 percent
of the aggregate area of the side yards and rear yard shall be occupied by
parking spaces, aisles or driveways.
xv)
Entrances and exits to parking spaces shall not pass through zones other than
the zones requiring the parking spaces.
xvi)
Where off-street parking abuts a residential zone or urban residential zone, a
wooden fence at least 1.5 metres (4.9 ft.) in height shall be erected and
maintained and the land withinthree (3) metres (9.8 ft.) of the residentialzone
or urban residential zone shall be maintained in an open space condition.
xvii)
No parking or loading facility or part thereof shall be located and no land
shall be used for the parking or storage of any vehicle within 1 metre(3.3ft.)of
any lot line or street line, or within 3 metres (9.8 ft.) of the boundary of any
residential zone or urban residential zone.
xviii)
Notwithstanding Section 5.31.1 of this by-law to the contrary, where any
building, structure, use or activity is permitted or is legally in existence at the
date of passing of this By-law and is subsequently changed in useor enlarged
or extended in floor area, number of employees, number of dwelling units,
seating capacity or otherwise which results in the reduction of the minimum
required parking facilities and/or number of parking
spaces and such
number of parking spaces or partthereof cannotbe provided in accordance
with the minimum requirements, then such required parking spaces or part
thereof shall be subject to a cash-in-lieu contribution towards municipal
parking facilities, the cost of which shall be established by the Council of the
municipality from time to time for the determined deficiency.
5.31.3 Handicap Parking
Handicap parking spaces shall be provided for all commercial uses listed in Section
5.31.1 at the rate of 1 space per 500 sq. metres (5,382.0 sq. ft.) with a minimum of 2
spaces. Handicap parking spaces should be a minimum of 3.5 metres (11.5 ft.) wide
and be located in close proximity to the commercial establishment.
5.32
LOADING SPACE REQUIREMENTS
i)
No person shall erect or use any building or structure in any zone for any
commercial or industrial purpose involving the movement of goods unless
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
58
loading spaces are provided and maintained in accordance with the
following provisions:
a)
280 sq. m (3,014 sq. ft.) - 930 sq. m (10,010.8 sq. ft.)
1
space
b)
exceeding 930 sq. m (10,010.8 sq. ft.)
2 loadingspacesplus
a minimum of 1 additional
loading
space
for
each
1400
square
metres
(15,070.0 sq. ft.) or fraction
thereof in excess of 930 sq.
m (10,010.8 sq. ft.) .
ii)
Each loading space shall be at least 9.0 metres (29.5 ft.) long, 3.5 metres (11.5
ft.) wide and have a vertical clearance of at least 4.0 metres (13.1 ft.).
iii)
The required loading spaces shall be provided on the lot occupied by the
building or structure for which the said loading spaces are required and shall
not form a part of any street or lane.
iv)
For any commercial or industrial use, no loadingspaceor partthereof shallbe
located and no land shall be used for loading purposes within 1.5 metres (4.9
ft.) of any lot line, or within 3 metres (9.8 ft.) of any street line or boundary of
any residential zone or urban residential zone, or within 3 metres (9.8 ft.) of the
lot line of a residential use.
v)
Access to loading spaces shall be by means of a driveway at least 6 metres
(19.7 ft.) wide contained within the lot on which the spaces are located and
leading to a street or lane located within or adjoining the zone in which the
use is located.
vi)
The driveways and loading spaces shall be maintained with a stable surface
which is treated so as to prevent the raising of dust or loose particles.
vii)
The loading requirements referred to herein shall not apply to any building in
existence at the date of enactment of this By-law so long as the gross floor
area as it existed at the date is not increased. If an addition is made, then
additional loading spaces shall be provided up to the number required for
such addition.
5.33
GROUP HOMES
Group Homes are permitted subject to rezoning to a Group Home Zone as
established in this by-law and are also subject to the following requirements:
i)
A group home may be established in any zone in which, at the time of
application, there is a permitted residential use as a principal use.
ii)
The establishment of a new or the expansion of an existing group home shall
be by amendment to this by-law from an appropriate residential zone to a
Group Home Zone.
iii)
A group home may be permitted to establish in the following types of
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
59
dwellings:
a)
a single detached dwelling unit;
b)
a converted single detached dwelling unit (all units);
c)
a semi-detached dwelling (both units);
d)
a duplex (both units).
iv)
A group home, including accessorybuildings and structures,shall comply with
the zone requirements of the appropriate residential zone for the dwelling
type being occupied.
v)
Facilities lawfully existing on the date of passage of this by-law which meet
Provincial licencing standards but do not comply with the by-law regulations
for group homes as outlined in the Group Home Zone of this by-law shall be
permitted to continue in operation.
vi)
All group home facilities existing at the time of passage of this by-law shall be
permitted to expand their operation beyond that which existed on the date
of the passing of this by-law only by amendment to this by-law.
5.34
GARDEN SUIT ES
Notwithstanding the provisions of Section 5.5.3 of the By-law to the contrary, garden
suites shall be permitted subject to the following requirements;
5.34.1 a garden suite, as defined in this by-law, may be permittedby CouncilunderSection
39 of the Planning Act, subject to passage of a temporary use by-law to establish the
period of time for which the use is to be permitted and to define the area to which
the by-law applies;
5.34.2 the gross floor area of living space in such dwelling shall consist of a minimum of 49
square metres (527.4 sq. ft.) and a maximum of 65 square metres (699.7 sq. ft.);
5.34.3 the dwelling unit shall be self contained and shall have a private entrance and
separate culinary, sanitary, dining and sleeping area;
5.34.4 the sanitary sewage disposal, water supply and electrical services for the dwelling
unit shall be derived from and connected to the services of the single detached
dwelling upon which lot the garden suite is situated, subject to the approval of the
authorities responsible for the various services;
5.34.5 all of the provisions of the respective zones in which the garden suite is situated shall
be complied with in addition to the following special criteria:
a)
Rear Yard (Minimum)
4.5 metres (14.8 ft.)
b)
Building Height (Maximum)
4.5 metres (14.8 ft.)
c)
Separation Distance from the
4.5 metres (14.8 ft.)
Principal Dwelling (Maximum)
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
60
5.34.6 the owner/occupant of the detached dwelling and occupant of the garden suite
upon which lot the garden suite is situated shall enter into an agreement with the
municipality pursuant to the Municipal Act stating that the owner of the detached
dwelling and the occupant of the garden suiteare related by blood or marriage, the
age of the occupant of the garden suite, that no other individual(s) will occupy the
garden suite and that the garden suite will be removed when it is no longer needed;
5.34.7 access from a public road to a garden suite shall be obtained by the driveway
serving the principal dwelling on the lot;
5.34.8 a garden suite shall be located behind the principal dwelling house on theproperty;
5.34.9 the placement of a garden suite on a lot shall be subject to siteplan control pursuant
to the Planning Act to ensure all servicing, buffering, parking and other issues are
addressed;
5.34.10 a temporary use zoning by-law is passed by Council in accordance with the
provisions of the Planning Act.
The by-law shall be in place for a period not
exceeding ten (10) years.
5.35
AREAS OF INFL UE NCE
i)
No person shall erect any residential structure in any zone within 500 metres
(1,640.4 ft.) of lands zoned MX - Mineral Extractive (Quarry) and 300 metres
(984.25 ft.) of lands zoned MX - Mineral Extractive (Pit)withoutthe approval of
the Ministry of Natural Resources upon successful application for a minor
variance and provided the residential use is a permitted use on the adjacent
lands within the area of influence.
ii)
No person shall erect any residential structure within the area outlined on the
attached schedules as being an Area of Mineral Aggregate Preservation
without the approval of the Ministry of Natural Resources upon successful
application for a minor variance and provided the residential use is a
permitted use on the lands in question.
iii)
No person shall erect a residential structure in any zone within 500 m (1,640.4
ft.) of lands zoned WD- Waste Disposal without the approval of the Ministry of
the Environment upon successful application for a minor variance and
provided the residential use is a permitted use on the adjacent lands within
the area of influence.
5.36
AGRICULT UR E -MINIMUM DIST ANCE SEPARATION
i)
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no development shall be located on a separate lot and permitted
by a specific zone, unless it complies with the Minimum Distance Separation
(MDS I) calculated using Appendix 1 to this By-law.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
61
ii)
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no livestock facility shall be erected or expanded within a RU zone
unless it complies with the Minimum Distance Separation (MDS II) calculated
using Appendix 2 to this By-law.
5.37
SECONDARY FARM OCCUPAT ION
Secondary Farm Operations, as defined herein, are permitted within the RU zoning
categories subject to the following provisions:
9)
The secondary farm occupation is clearly secondary and incidental to the
principal use of farming on the subject property;
10)
Not more than one (1) secondary farm occupation use shall be permitted on
a farm property;
iii)
The secondary farm occupation operation does not result in the loss of
productive farm land;
iv)
The secondary farm occupation shall only be conducted by an individual
residing on the farm property and who is physically involved in conducting
the farm operation on a day-to-day basis; one full-time equivalentemployee
shall be permitted in conjunction with the secondary farm occupation;
v)
The types of uses permitted as secondary farm occupationsshall be limitedto
those involved in the manufacture or fabricationof goods,usesconsidered to
be trade occupations,and otheroccupationswhichare primarily anddirectly
related to agriculture and farming;
vi)
All secondary farm occupationsshallbe conducted insideof buildings and/or
structures;
vii)
A secondary farm operation shall be operated as part of the farm unit and
shall cease if the farm use is discontinued;
viii)
The secondary farm occupation shall not be operated in a manner that will
impede or interfere with the ability of the farmer to conduct the farming
operation on the subject property;
ix)
A secondary farm occupation shall be conducted whollywithin an accessory
building or structure or structures the combined floor area of which shall not
exceed 186 sq. metres (2,002.2 sq. ft.).
Buildings and structures must be
designed in such a manner thattheycan be converted/revertedto a farming
use and must be located in proximity to the principal farm building;
x)
The minimum setback for such building(s)from therearand sideproperty lines
shall be 15.2 metres (50 ft.);
xi)
A separate access driveway serving thesecondary farm occupation use shall
not be permitted;
xii)
Secondary farm occupations shall not be located in any front yard and shall
not be closer to any public road than the principal building on the lot.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
62
5.38
WATERT AKINGPE RMITS
All lands that are the subject of an application to the Ministry of theEnvironmentfor a
Permit to Take Water under the Ontario WaterResources Act RSO 1990, Chapter0.40
and the Environmental Bill of Rights, Statutes of Ontario, 1993, Chapter 28, shall be
subject to an amendment to this by-law and shall be zoned to a special Open
Space Zone.
5.39
OPE N ST ORAGE
Open storage of goods or materials shall be permitted in those zones where
permitted only if the goods are accessory to a use permitted in the zones and in
accordance with other provisions of this by-law.
5.40
EXTERNAL DESIGN
The following building materials shall not be used for more than 5 percent of the
exterior vertical facing of any wall of any residential building within the municipality:
i)
building paper;
ii)
asphalt roll-type siding;
iii)
insulbrick.
5.41
HE IGHT EXCEPT IONS
Notwithstanding the height provisions herein contained, nothing in this by-law shall
apply to prevent the erection, alteration or use of the following accessory buildings
or structures provided the principal use is a use permitted withinthe zone in whichit is
located: a church spire, barn, silo, belfry, flag pole, light standard, clock tower,
chimney, water tank, windmill, radio or television antenna, air conditioner duct,
incidental equipment required for processing and external equipment associated
with internal building equipment.
5.42
INTERIOR SIDE YARD -MARINE FACILIT IES AND COMMUNAL DOCKS
5.42.1 Marine facilities shall not be permitted to locate closer than 1.5 metres (4.9 ft.) to any
interior side lot line.
5.42.2 Communal docks shall not be permitted to locate closer than 60 metres (196.6 ft.) to
any interior side lot line adjacent to a residential zone.
5.43
T RAVEL T RAILERS, MOT ORIZE D MOBILE HOMES/RECREAT IONAL V EHICLE S, CAMPE R
T RAILE RS, T RUCK CAMPE RS
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
63
5.43.1 The use of travel trailers, motorized mobile homes/recreational vehicles, truck
campers and camper trailers shall be prohibited in all zones except for a
Resort/Recreational Commercial Zone, or as excepted by municipal by-law.
5.43.2 A maximum of one motorized mobile/recreational vehicle home, truck camper,
travel trailer or camper trailer shall be permitted to be parked or stored on a lot in a
residential zone.
5.43.3 The use of any of the above mentioned or similar vehicles shall not be used for
human habitation,except in a Resort/Recreational Commercial Zone, or otherzone
excepted by municipal by-law.
5.44
MODULAR HOMES
5.44.1 A modular home shall be permitted in any residential zone, subject to the following:
i)
a building permit is required to erect a modular home;
ii)
modular homes may be permitted, but are not required to be placed on a
permanent foundation.
iii)
servicing for modular homes must be approved by the appropriateauthority.
5.45
FENCES
No fence exceeding a maximum height of 1.8 metres (5.9 ft.) shall be erected in an
urban area. Notwithstanding the above, a fence in excess of 1.8 metres (5.9 ft.) in
height may be erected for a public use or where provincial/federal regulations
require a fence to be erected in excess of 1.8 metres (5.9 ft.).
5.46
MINIMUM GROSS FLOOR AREA IN A DWE LL INGUNIT
i)
single detached dwelling (including dwelling units
in triplex, fourplex, townhouse and low-rise
apartment complex)
74.3 sq. metres (800
sq. ft.)
ii)
semi-detached dwelling
180 sq. metres(1,937.6sq. ft.)
iii)
seasonal dwelling
55.74 sq. metres (600 sq. ft.)
iv)
converted dwelling
42 sq. metres (452.1 sq. ft.)
plus 13 sq. metres (139.9 sq.
ft.)
for
each
additional
bedroom
v)
accessory dwelling unit
74 sq. metres (796.6 sq. ft.)
(Mobile Home Residential Zone)
vi)
accessory dwelling unit
See Section 5.19
(non-residential setting and in Resort
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
64
Recreational Zone)
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
65
SECT ION 6 - RU - RUR AL ZONE
6.1
Within a RU - Rural Zone, no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
6.2
PE RMITT ED US ES
i)
agricultural uses, including a livestock facility,
ii)
conservation uses, including forestry, reforestation and other activities
connected with the conservation of soil or wildlife,
iii)
wood lots,
iv)
wayside pits and quarries,
v)
open space uses,
vi)
a private kennel,
vii)
an apiary,
viii)
a fur farm,
ix)
a riding club or boarding stable,
x)
a greenhouse,
xi)
a golf course,
xii)
passive recreational outdoor uses,
xiii)
a warehouse,
xiv)
a grain drying facility,
xv)
a livestock assembly area or a livestock exchange,
xvi)
a hunt camp,
xvii)
a single detached dwelling,
xviii)
a bed and breakfast establishment,
xix)
a research facility,
xx)
an agricultural produce sales outlet,
xxi)
an accessory building or use to the above uses, including a single detached
dwelling as an accessory use to agriculture,
xxii)
a Type 'A' and Type 'B' home occupation, in accordance with the provisions
of Section 5.29 of this By-law,
xxiii)
a Type 'A' and Type 'B' home industry, in accordance with the provisions of
Section 5.30 of this By-law,
xxiv)
a secondary farm occupation in accordance with the provisions of Section
5.37 of this By-law,
xxv)
logging.
6.3
ZONE REGULAT IONS
a)
For Residential Uses and Uses Other than Hunt Camps, Logging Operations and
Accessory Buildings
i)
Lot Area (Minimum)
6 hectares (15 acres)
ii)
Lot Frontage (Minimum)
60 metres (196.9 ft.)
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
66
iii)
Front Yard (Minimum)
20 metres (65.6 ft.)
iv)
Rear Yard (Minimum)
10 metres (32.8 ft.)
v)
Interior Side yard (Minimum)
8 metres (26.2 ft.)
vi)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
vii)
Gross Floor Area (Minimum)
74.3 sq. m (800 sq. ft.)
viii)
Lot Coverage (Maximum)
30 percent
ix)
Building Height (Maximum)
7.5 metres (24.6 ft.)
x)
Off-street parking shall be provided in accordance with Section 5.31.
b)
For Accessory Buildings
i)
Front Yard (Minimum)
See Section 5.25.2
ii)
Rear Yard (Minimum)
3.0 metres (9.8 ft.)
iii)
Interior Side Yard (Minimum)
3.0 metres (9.8 ft.)
iv)
Exterior Side Yard (Minimum)
20 metres (65.6 ft.)
v)
Height (Maximum)
11 metres (36.1 ft.)
c)
For Hunt Camps
Notwithstanding other provisions of this by-law, huntcampsshall be subjectto
the following special provisions in addition to all otherapplicable provisions of
this by-law:
i)
Lot area (minimum)
20.25 hectares (50 acres)
ii)
Setback from a residential zone (for buildings
or structures) (minimum)
25 m (82 ft.)
iii)
Setback from a public road (for buildings
or structures) (minimum)
25 m (82 ft.)
iv)
A building permit shall be required for any buildingsor structureson the
site.
v)
New hunt camps shall be permitted to establish on public and private
roads.
vi)
The building inspector shall decide if buildings or structures on the site
are fit for human occupancy. Cottage standards as outlined in the
Ontario Building Code may be applied.
d)
For LoggingOperations
Notwithstanding other provisions of this by-law, no logging operation shall be
permitted within:
i)
100 metres (328.1 ft.) of settlement areas or urban areas;
ii)
30 metres (98.4 ft.) of an area zoned Open Space;
iii)
30 metres (98.4 ft.) from the highwatermark of any lake,riveror stream,
except an intermittent stream;
iv)
30 metres (98.4 ft.) from the boundary of a Provincial Highway;
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
67
v)
30 metres (98.4 ft.) from a residence on an adjacent property.
but nothing in this by-law shall prevent the harvest of lumber according to
recognized forestry practice within such distances.
6.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the RU - Rural Zone.
6.5
SPE CIAL RU - RUR AL ZONES
6.5.1
RU-1 (Part Lot 15, Concession 13, T ownship of Mayo)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RU-1
and shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
iii)
buildings or structures shall not be permitted;
4)
the parcel zoned RU-1 shall be used for access only, to the lands to therearof
the RU-1 zone.
All other provisions of this by-law shall apply.
6.5.2
RU-2 (Part Lots 17 and18, Concession 8, T ownshipof Carlow)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RU-2
and shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
v)
a boarding or rooming house.
Zone Provisions
i)
a maximum of three guests may be accommodated on a permanent basis;
ii)
access shall be by Township maintained road.
All other provisions of this by-law shall apply.
6.5.3
RU-3 (Part Lot 18, Concession 16, T ownship of Mayo)
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
68
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RU-3
and shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
setback for residential uses (minimum) (from an MX zone)
90 m (295.3 ft.)
ii)
access shall be by private, unmaintained road.
All other provisions of this by-law shall apply.
6.5.4
RU-4 (Lot 17, Concessions 10 and11, T ownship of Carlow)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RU-4
and shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use(s):
i)
organic farming;
ii)
one residential dwelling on a parcel accessed by private road.
Zone Provisions
i)
Prior to the issuance of a building permits for a residential dwelling, on a lot
that does not have direct frontage and access to a fully maintained public
road and that is subject to a registered agreement between the landowner
and municipality regarding maintenance responsibilities, or service levels, or
other matters deemed by Council as desirable to apply to the means of
access to the lot;
Access may occur by water access from a dedicated private boat launch
directly accessible from a fully maintained public road. Such access must
pertain to a navigable and conveniently traversable waterway; legally
registered private right-of-way that originates from a fully maintained public
road or partially maintained public road.
ii)
Nutrient storage buildings, barns and other animal shelters, including manure
storage facilities, shall be located a minimum of 100 metres from the
highwater mark of a river, stream or lake.
Definition:
"Organic Farming" shall mean reasonable farming practices as described and
established by Farming and Food Production Protection Act, S.O. 1998, c. 1, and
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
69
which utilizes fertilizer of plant or animal origin without employment of chemically
formulated fertilizers, growth stimulants, antibiotics, or pesticides.
All other provisions of this by-law shall apply.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
70
SECT ION 7 - RR - RUR AL RESIDENTIAL ZONE
7.1
Within a RR - Rural Residential Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use otherthanas permitted
in this section and also such use, building or structure shall be in accordance withthe
regulations contained or referred to in this section.
7.2
PE RMITT ED US ES
i)
a single detached dwelling,
ii)
a seasonal dwelling,
iii)
an accessory building or use, including one sleeping cabin, as defined in this
by-law,
iv)
a Type 'A' or Type 'B' Home Occupation in accordancewiththeprovisions of
Section 5.29 of this By-law,
v)
a Type 'A' Home Industry in accordance with the provisions of Section 5.30 of
this By-law,
vi)
a bed and breakfast establishment.
7.3
ZONE REGULAT IONS
a)
For Single Detached Dwellings
i)
Lot Area (Minimum)
4000 sq. metres (43,057.1 sq. ft.)
ii)
Lot Frontage (Minimum)
60 metres (196.9 ft.)
iii)
Water Frontage (Minimum) (if a
Waterfront Lot)
46 m (150.1 ft.)
iv)
Front Yard (Minimum)
20 metres (65.6 ft.)
v)
Rear Yard (Minimum)
10 metres (32.8 ft.)
vi)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vii)
Exterior Side Yard (Minimum)
20 metres (65.6 ft.)
viii)
Gross Floor Area (Minimum)
74.3 metres (800 sq. ft.)
ix)
Lot Coverage (Maximum)
30 percent
x)
Building Height (Maximum)
11 metres (36.1 ft.)
xi)
Off-street parking shall be provided in accordance with Section 5.31.
b)
For Seasonal Dwellings
For the purposes of this section, a fully maintained road is snowplowed and
sanded according to a schedule established by the Township. Gravel roads
are those to which gravel is applied occasionally and surface treated roads
are those on which patching is occasionally done.
i)
Lot Area (Minimum)
4000 sq. metres (43,057.1 sq. ft.)
ii)
Lot Frontage on a Private Road and/or
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
71
a Navigable Waterway (Minimum)
46 metres (150.1 ft.)
iii)
Front Yard (Minimum)
10 metres (32.8 ft.)
iv)
Rear Yard (Minimum)
10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum)
3 metres (9.8 ft.)
vii)
Gross Floor Area (Minimum)
55.74 sq. metres (600 sq. ft.)
viii)
Lot Coverage (Maximum)
20 percent
ix)
Building Height (Maximum)
11 metres (31.6 ft.)
x)
Off-street parking shall be provided in accordance with Section 5.31.
c)
For Accessory Buildings Not Attached T o T hePrincipal Building
i)
Rear Yard (Minimum)
5 metres (16.4 ft.)
ii)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
iii)
Exterior Side Yard (Minimum)
3 metres (9.8 ft.)
iv)
Building Height (Maximum)
11 metres (36.1 ft.)
v)
Gross Floor Area (Maximum)
74.3 sq. metres (800 sq. ft.)
d)
For Lots on a NarrowW ater Body
Where a lot (with or without road frontage) fronts on a narrow water body as
defined in this by-law, the required water frontage shall be 60 metres (196.9
ft.).
7.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the RR - Rural Residential Zone.
7.5
SPE CIAL RR - RUR AL RESIDENTIAL ZONES
7.5.1
RR-1 (various locations throughout municipality)
a)
In the RR-1 zone, access may be by:
i)
water access from a dedicated private boat launch directly
accessible from a fully maintained public road;
ii)
legally registered private road (right-of-way)thatoriginatesfrom a fully
maintained public road; or
iii)
partially or seasonally maintained public road.
b)
In an RR-1 zone, there is no commitment or requirementfor themunicipalityto
assume responsibility for ownership or maintenance of means of access or to
ensure that emergency vehicles are able to accessdevelopment in thiszone.
The intent of the RR-1 zone is to recognize residential development on all
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
72
means of access that are not fully maintained public roads.
Zone Provisions
i)
access shall be by private road, for which there is no commitment or
requirement by the municipality to assume responsibility for ownership or
maintenance. Due to road conditions of privately maintained roads, there is
no commitment or requirementby themunicipalityto ensurethatemergency
vehicles are able to access privately owned roads.
The intent of the RR-1
Zone is to recognize residential development on private roads or all and/or
portions of Township roads which are not maintained.
All other provisions of this by-law shall apply.
7.5.2
RR-1-h (Part Lot 11, Concession 4, T ownshipof Carlow)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-1-h
and shown on the attached schedules, the following special provisions shall apply:
Removal of Holding ('h') Symbol
The Holding ('h') symbol may be removed by Council when it is satisfied that a
sufficient on-site source of potable water is available.
All other provisions of this by-law shall apply.
7.5.3
RR-1-1 (Lot 11, Concession 6, T ownshipof Mayo)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-1-1
and shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use in addition to uses permitted in the RR
Zone:
i)
Permitted Principal Structure - seasonal dwelling house
2)
Permitted Accessory Buildings, Structures and Uses:
-
pump house;
-
dock;
-
one (1) of the following:
a)
attached garage; or
b)
detached garage;
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
73
-
one (1) of the following:
a)
carport; or
b)
other open shelter;
-
one (1) Class I sanitary service.
Zoning Provisions
i)
Lot Area (Minimum)
1,170 sq. metres (12,594.2 sq. ft.)
ii)
Lot Frontage (Minimum)
existing frontage on a municipal
road, NOT maintained
iii)
Maximum Number of Structures
1
iv)
Sanitary Services
Class 1 system only, as per the
Ontario Building Code
v)
Setback from Highwater Mark (Minimum)30 metres (98.4 ft.)
vi)
Gross Floor Area for Principal Structure
(Minimum)
65 sq. metres (699.7 sq ft.)
vii)
Gross Floor Area for Principal Structure
(Maximum)
80 sq. metres (861.1 sq. ft.)
viii)
Lot Coverage of Accessory Buildings, Structures
and Uses (Maximum)
5% (a total of 58.5 sq. metres
(629.7 sq. ft.) of the 1,170 sq. metres
(12,594.2 sq. ft.))
All other provisions of this by-law shall apply.
7.5.4
RR-2 (Lot 22, Concession 14, T ownship of Mayo)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-2
and shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use in addition to uses permitted in the RR
Zone:
i)
automobile repair, sales and service
3)
salvage yard.
All other provisions of this by-law shall apply.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
74
7.5.5
RR-h(PartLot 20, Concession13, T ownshipof Mayo; Lot 16, Concessions 7 and8, T ownship
of Carlow)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-h
and shown on the attached schedules, the following special provisions shall apply:
Removal of Holding ('h') Symbol
The holding ('h') provision shall be removed once Township Council is satisfied that
there is an adequate on-site supply of potable water that meets theOntario Drinking
Water Guidelines.
All other provisions of this by-law shall apply.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
75
SECT ION 8- MHR - MOBILE HOME RESIDE NTIAL ZONE
8.1
Within a MHR - Mobile Home Residential Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also no person shall within any MHR zone use any lot or
install, place, erect, alter or use any building or structure unless such lot is served by a
communal water system and a sanitary sewer systems and except in accordance
with the regulations contained or referred to in this section.
8.2
PE RMITT ED US ES
i)
mobile home,
ii)
an accessory dwelling,
iii)
mobile home park,
iv)
mobile home park management office,
v)
a public use,
vi)
a recreational use accessory to a mobile home park.
8.3
ZONE REGULAT IONS
a)
For MobileHome Sites
i)
Site Area (Minimum)
700 sq. metres(7,535.0sq. ft.)
ii)
Site Frontage (Minimum)
18 metres (59.1 ft.)
iii)
Front Yard (Minimum)
13.5 metres (44.3 ft.)
iv)
Setback from Internal Roads
9 metres (29.5 ft.)
v)
Exterior Side Yard (Minimum)
13.5 metres (44.3 ft.)
vi)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vii)
Rear Yard (Minimum)
3 metres (9.8 ft.)
viii)
Site Coverage (Maximum)
33 percent
ix)
Building Height (Maximum)
5 metres (16.4 ft.)
b)
For MobileHome Parks
i)
Lot Area (Minimum)
3 hectares (7.4 acres)
ii)
Lot Frontage (Minimum)
60 metres (196.9 ft.)
iii)
Interior Side Yard (Minimum)
7.6 metres (24.9 ft.)
iv)
Exterior Side Yard (Minimum)
13.5 metres (44.3 ft.)
v)
Rear Yard (Minimum)
7.6 metres (24.9 ft.)
vi)
Dwelling Unit area for accessory
74 sq. metres (796.6 sq. ft.)
Dwelling house
vii)
Landscaped Area (Minimum)
30 percent
viii)
Accessory Dwellings per lot
1
(Maximum)
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
76
8.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot building, structure or use within the MHR - Mobile Home Residential
Zone.
8.5
SPE CIAL MHR -MOBILE HOME RESIDENTIAL ZONES
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
77
SECT ION 9 - R -RESIDENT IAL ZONE
9.1
Within a R- Residential Zone, no person shall useany land,erect,alter,enlarge,use or
maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
9.2
PE RMITT ED US ES
i)
a single detached dwelling,
4)
a public park,
ii)
an accessory building or use to the above uses,
iii)
a Type 'A' and Type 'B' home occupation, according to the provisions of
Section 5.29 of this By-law,
5)
a Type 'A' home industry, according to theprovisions of Section5.30of thisBy-
law,
iv)
a semi-detached dwelling,
6)
a duplex dwelling,
7)
a converted dwelling,
8)
a boarding or rooming house,
9)
multiple
dwelling
including
triplex,
fourplex,
townhouse and
low-rise
apartment complex,
10)
a senior citizen multiple dwelling.
9.3
ZONE REGULAT IONS
a)
For a Single Detached Dwelling
i)
Lot Area (Minimum)
- public water and sanitary sewers
550 sq. metres(5,920.3sq. ft.)
- public water and private sewage
disposal system
1,110 sq. metres(11,840.7sq.
ft.)
- private water and private sewage
disposal system
4,000 sq. metres(43,057.1sq.
ft.)
ii)
Lot Frontage (Minimum)
- public water and sanitary sewers 18 metres (59.1 ft.)
(except in the case of a corner lot for which the minimum lot frontage
shall be 21 metres (68.9 ft.)
- public water and public sewage
disposal system
24 metres (78.7 ft.)
- private water and private sewage
disposal system
45 metres (147.6 ft.)
iii)
Front or Rear Yard
7.5 metres (24.6 ft.)
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
78
iv)
Interior Side Yard (Minimum)
2 metres (6.7 ft.)
v)
Exterior Side Yard (Minimum)
4.5 metres (14.8 ft.)
vi)
Gross Floor Area (Minimum)
74.3 sq. metres (800 sq. ft.)
vii)
Lot Coverage (Maximum) (all buildings) 25 percent
viii)
Building Height (Maximum)
7.5 metres (24.6 ft.)
ix)
Landscaped Open Space (Minimum)
30 percent
x)
Number of Dwelling Houses per Lot (Maximum) 1
xi)
Number of Dwelling Units per Lot (Maximum)
1
xii)
Off-street parking shall be provided in accordance with Section 5.31.
b)
For a Semi-Detached Dwelling, A Duplex Dwelling, A Boardingor RoomingHouseanda Converted
Dwelling
i)
Lot Area (Minimum)
- public water and sanitary sewers 800 sq. metres (8,611.4 sq. ft.)
- public water and private
sewage disposal
1,600 sq. metres (17,222.8 sq. ft.)
- private water and sewage disposal
6,000 sq. metres (64,585.6 sq. ft.)
ii)
Lot Frontage (Minimum)
- public water and sanitary sewers
21 m (68.9 ft.)
- public water and private sewage disposal
45 m (147.6 ft.)
- private water and sewage disposal
60 m (196.8 ft.)
iii)
Front Yard (Minimum)
10 metres (32.8 ft.)
iv)
Rear Yard (Minimum)
10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
vii)
Gross Floor Area (Minimum)
180 sq. metres(1,937.6 sq. ft.)
viii)
Lot Coverage (Maximum)
30 percent
ix)
Building Height (Maximum)
11 metres (36.1 ft.)
x)
Off-street parking shall be provided in accordance with Section 5.31.
c)
For a Converted Dwelling anda Boardingor RoomingHouse
i)
The minimum gross floor area of a one bedroom dwelling unit shall be
42 sq. metres (452.1 sq. ft.) plus an additional 13 sq. metres(139.9 sq. ft.)
for each additional bedroom.
ii)
The minimum lot area per dwelling unit shall be 1400 sq. metres
(15,070.0 sq. ft.) (for a converted dwelling).
iii)
No addition or enlargement shall be made to the externalwallsor roof
of the dwelling.
iv)
No external stairway other than an openfireescapeshall be provided.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
79
v)
Such dwelling shall be certified by the Chief Building Official to be
structurally suitable for such conversion.
vi)
The 3 metre (9.8 ft.) strip immediately adjacent to any lot line shall be
landscaped.
vii)
Off-street parking shall be provided in accordance with Section 5.31.
viii)
The sewage disposal system shall be inspected and approved by the
appropriate authority.
d)
For theP rincipal Buildingin a Multiple Residential Development
i)
Lot Area (whichever is greater)
a)
Minimum
8000 sq. metres (86,114.1 sq. ft.)
b)
Minimum Per Dwelling Unit
800 sq. metres (8,611.4 sq. ft.)
ii)
Lot Frontage (Minimum)
60 metres (196.9 ft.)
iii)
Front Yard (Minimum)
10 metres (32.8 ft.)
iv)
Rear Yard (Minimum)
10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum):
a)
to a wall of a building containing
windows to habitable rooms
8 metres (26.2 ft.)
b)
to a wall of a building containing
no windows to habitable rooms
3 metres (9.8 ft.)
vi)
Interior Side Yard (Minimum)
(between dwelling units)
nil
vii)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
viii)
Building Height (Maximum)
11 metres (36.1 ft.)
ix)
Lot Coverage (Maximum)
30 percent
x)
Dwelling Unit Gross Floor Area
(in multiple dwelling) (Minimum)
74.3 sq. metres (800 sq. ft.)
xi)
Minimum Guest Room Area
23 sq. metres (247.6
sq. ft.) for
(in senior citizen multiple dwelling)
each room
xii)
Minimum Number of Dwelling
3 dwelling units
Units in One Principal Building
xiii)
Off-street parking shall be provided in accordance with Section 5.31.
e)
For Accessory Buildings Not Attached T o T hePrincipal Building
i)
Rear Yard (Minimum)
2.5 metres (8.2 ft.)
ii)
Interior Side Yard (Minimum)
2.5 metres (8.2 ft.)
iii)
Exterior Side Yard (Minimum)
7.5 metres (24.6 ft.)
iv)
Building Height (Maximum)
4.5 metres (14.8 ft.)
9.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot building, structure or use within the R - Residential Zone.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
80
Where a dwelling which existed at the time of the passing of this by-law is locatedon
a lot in the R Zone, such dwelling and lot shall be deemed to comply with all the
requirements of the R Zone.
Where a dwelling which existed at the time of the passing of this by-law is locatedon
a lot in the R Zone, such dwelling may be extended, enlarged or improved provided
the yards existing at the time of the passing of this by-law are not reduced in depth
and, where any such yards are greater in depth than the minimum required by this
by-law, such yards may be reduced to the minimum yards required by this by-law
and provided also that such dwelling continues to be used in the same manner and
for the same purpose it was used on the date of passing of this by-law.
9.5
SPE CIAL R -RESIDENT IAL ZONES
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
81
SECT ION 10 -C -COMMERCIAL ZONE
10.1
Within C - Commercial Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structurefor any use otherthanas permitted in thissection
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
10.2
PE RMITT ED US ES
13)
a bottle return depot,
14)
a retail store, including a gift shop, craft shop and antique shop and
convenience retail store,
15)
a service shop including a personal service shop,
16)
a lawn, garden and farm equipment and supplies sales and repair outlet,
17)
a laundry and/or dry cleaning shop including coin operated establishments,
18)
an eating establishment including a banquet hall, tea room, take-out
restaurant and drive-in restaurant,
19)
a food market including a butcher shop,
20)
a tavern,
21)
a Liquor Control Board or Brewer's Retail Outlet,
22)
a hotel/motel,
23)
a bank and/or trust company,
24)
aprinting or publishing establishment,
25)
a business, administrative and/or professional office,
26)
a theatre, cinema or other place of entertainment,
27)
a taxi depot,
28)
a commercial recreational establishment such as a bowling or billiard
establishment or other similar use,
29)
a funeral home,
30)
a medical or dental clinic,
31)
a bake shop,
32)
a private or commercial club,
33)
a bottle return depot,
34)
a nursery school,
35)
a veterinary clinic,
36)
a public or private parking area, including parking facilities associated with
the principal use(s) permitted under this section,
37)
an automobile service station and sales agency,
38)
a farm implement dealer,
39)
an auction outlet,
40)
a fertilizer mixing and sales establishment,
41)
a greenhouse, nursery or garden centre,
42)
a veterinary clinic,
43)
a service shop, including a personal and merchandise service shop,
44)
a fleamarket,
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
82
45)
a diesel, propane and/or natural gas outlet,
46)
an automobile, mobile home or travel trailer sales and service station,
47)
an automatic or coin operated car wash with the sale of petroleum products
incidental thereto,
48)
an establishment for the sale, service, storage or repair of small internal
combustion enginessuchas snowmobiles,outboard motors,motorcycles and
lawnmowers,
49)
a retail and/or wholesale outlet for the storage, display and sale of lumber,
building supplies and other similar new goods or materials,
50)
an agricultural produce sales outlet,
51)
a retail store including a gift shop, craft store, antique shop and convenience
store,
52)
dwelling units in the form of apartments as an accessory use in buildings in
which commercial uses are permitted, except automobile service stations or
other uses involving the sale of gasoline or other similarpetroleum products, in
accordance with the provisions of Sections 5.19 and 5.20,
53)
an accessory building or use to the above uses.
10.3
ZONE REGULAT IONS
a)
For All Uses Except An AutomobileService Station, Hotel andMotel
i)
Lot Area (Minimum)
30.4 ha (1 acre)
ii)
Lot Frontage (Minimum)
45 metres (147.6 ft.)
iii)
Front Yard (Minimum)
6 metres (19.7 ft.)
iv)
Rear Yard (Minimum)
6 metres (19.7 ft.)
v)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
vii)
Lot Coverage (Maximum)
40 percent
viii)
Building Height (Maximum)
11 metres (36.1 ft.)
ix)
Off-street parking and off-street loading facilities shall be provided in
accordance with Sections 5.31 and 5.32.
x)
Access to an accessory dwelling unit shall be separate from access to
a commercial use.
b)
For An AutomobileService Station
i)
Lot Area (Minimum)
0.4 ha (1 acre)
ii)
Lot Frontage (Minimum)
45 metres (147.6 ft.)
iii)
Lot Depth (Minimum)
45 metres (147.6 ft.)
iv)
Front Yard (Minimum)
15 metres (49.2 ft.)
v)
Rear Yard (Minimum)
7.5 metres (24.6 ft.)
(except where the rear yard abuts a residential zone, the rear yard
shall be a minimum of 15 metres (49.2 ft.) of which the 4.5 metres (14.8
ft.) adjacent to the lot line shall be retained in an open space
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
83
condition).
vi)
Side Yard (Minimum)
7.5 metres (24.6 ft.)
(except where one or both side yards abut a residential zone, the side
yard shall be a minimum of 15 metres (49.2 ft.) of which the 4.5 metres
(14.8 ft.) adjacent to the lot line shall be retained in an open space
condition).
vii)
A sight triangle of 15 metres (49.2 ft.) minimum shall be provided on a
corner lot.
viii)
Light stands and signs may be located in any required minimum yard
at a minimum distance of 2.5 metres (8.2 ft.) from any street line.
ix)
Fuel pump islands and fuel pumps may be located in any required
minimum yard at a minimum distance of 6 metres (19.7 ft.) from any
street line. A sight triangle is not to be construed to be part of the
required minimum yard for the purposes of thisparagraph. Wherea lot
is a corner lot, no portion of any pump island or gasolinepump shallbe
located closer than 3 m to a straight line between a point in the front
lot line and a point in the exterior side lot line, each point being distant
15 m from the intersection of such lot lines.
x)
The distance between means of access or ramps shall be 12 metres
(39.4 ft.) and on a corner lot, no ramp may be locatedwithin 15 metres
(49.2 ft.) of the intersection of the street lines.
xi)
Each ramp shall have a width of 7.5 metres (24.6 ft.) and the interior
angle formed between the lot line and the centre line of the ramp
shall be between seventy (70) and ninety (90) degrees.
xii)
No ramp shall be located within 4.5 metres (14.8 ft.) of a side lot line.
xiii)
Off-street parking and off-street loading facilities shall be provided in
accordance with Sections 5.31 and 5.32.
c)
For Motels andHotels
i)
Gross Guest Room Area (Minimum)
23 sq. metres (247.6
sq. ft.)
ii)
Lot Area (Minimum):
a)
public water and sanitary sewers
930 sq. metres (10,010.8sq.
ft.)
b)
public water and private sewage disposal system
-
2,780 sq. metres (29,924.7 sq. ft.) or where a dwelling unit
is located in a portion of a non-residential building, an
additional 370 sq. metres (3,982.8 sq. ft.) of lot area shall
be provided.
c)
private water and private sewage disposal system
-
3,700 square metres (39,827.8sq. ft.) or where a dwelling
unit is located in a portion of a non-residential building,
an additional 370 sq. metres (3,982.8 sq. ft.) of lot area
shall be provided.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
84
iii)
Lot Frontage (Minimum)
a)
public water and sanitary sewers
38 metres (124.7 ft.)
b)
public water and private waste
disposal system
45
metres
(147.6 ft.)
c)
private water and private sewage
disposal system
53
metres
(173.9 ft.)
iv)
Front Yard Depth (Minimum)
12
metres
(39.4 ft.)
v)
Exterior Side Yard Width (Minimum)
12
metres
(39.4 ft.)
vi)
Interior Side Yard Width (Minimum):
a)
6 metres (19.7 ft.) or where the interior side lot line abuts a
Residential zone, the minimum interior side yard widthshall be 9
metres (29.5 ft.).
vii)
Rear Yard Depth (Minimum):
a)
7.5 metres (24.6 ft.) or where the rear lot line abuts a Residential
zone, the minimum rear yard depth shall be 9 metres (29.7 ft.)
viii)
Lot Coverage (All Buildings) (Maximum)
25 percent
ix)
Setback from Street Centreline (Minimum):
a)
Provincial Highway
32 metres (104.98 ft.)
b)
Urban Street
13 metres (42.7 ft.)
x)
Landscaped Open Space (Minimum)
20 percent
xi)
Height of Buildings (Maximum)
11 metres (36.1 ft.)
xii)
Distance Between Buildings:
Where two or more buildings are erected on the same lot, the
minimum distance between buildings shall not be less than the
minimum distance which would be required if eachbuilding wereon a
separate lot and subject to the minimum yard requirements of the
Residential (R) Zone.
d)
For Accessory Buildings Not Attached T o T hePrincipal Building
i)
Rear Yard (Minimum)
1.5 metres(4.9
ft.)
ii)
Interior Side Yard (Minimum)
1.5 metres(4.9
ft.)
iii)
Exterior Side Yard (Minimum)
3
metres (9.8
ft.)
iv)
Building Height (Maximum)
4.5 metres (14.8 ft.)
v)
Minimum distance from any other building on the lot shall be 3 metres
(9.8 ft.) provided that in no case shall any overhang, eaves or gutter
project into this required minimum area which shall be clear of any
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
85
obstruction from the ground to the sky.
e)
For Lands AbuttingA Residential Zone
Notwithstanding the above provisions, where an interior side yardand/orrear
yard abuts a residential zone then such interior side yard shall be a minimum
of 5 metres (16.4 ft.) and such rear yard shall be a minimum of 9 metres (29.5
ft.). The 1 metre (3.3 ft.) strip immediately adjacent to the rear and\or interior
side lot line shall be landscaped.
10.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the C - Commercial Zone.
10.5
SPE CIAL C -COMMERCIAL ZONE
10.5.1 C-1 (Lot 6, Concession 14, T ownship of Carlow)
Notwithstanding any provisions of this by-law to thecontrary,on landszonedC-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
5)
a convenience retail store;
6)
a dwelling unit for the owner of the convenience retail store;
7)
a building or structure accessory to the above uses.
All other provisions of this by-law shall apply.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
86
SECT ION 11 -RRC -RECRE AT IONAL/RESORT COMMERCIAL ZONE
11.1
Within a RRC - Recreational/Resort Commercial Zone, no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other than
as permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
11.2
PE RMITT ED US ES
8)
a marina, including a boat sales and service establishment and the sale of
parts and petroleum products incidental thereto,
9)
a tent and/or travel trailer park,
10)
a tourist establishment including hotels, lodges, housekeeping cottages and
tourist cabins,
11)
a gift shop,
12)
an eating establishment, including a tea room and take-out restaurant,
13)
a bed and breakfast establishment,
14)
a convenience retail store,
15)
a miniature golf course, driving range or other similar recreationally oriented
use,
16)
a public or private park,
17)
one dwelling or dwelling unit as an accessory use for the owneror operator of
a principal use, in accordance with the provisions of Section 5.19,
18)
an accessory building or use to the above uses;
11.3
ZONE REGULAT IONS
a)
For All Principal Buildings or Uses
i)
Lot Area (Minimum)
4000 sq. metres (43,057.1 sq. ft.)
ii)
Lot Frontage (Minimum)
45 metres (147.6 ft.)
iii)
Front Yard (Minimum)
8 metres (26.2 ft.)
iv)
Rear Yard (Minimum)
8 metres (26.2 ft.)
v)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
vii)
Lot Coverage (maximum)
40 percent
viii)
Building Height (Maximum)
11 metres (36.1 ft.)
ix)
Off-street parking and off-street loading facilities shall be provided in
accordance with Sections 5.31 and 5.32.
x)
Access to an accessory dwelling unit shall be separate from access to
a commercial use.
xi)
All means of ingress and egress shall havea minimumwidth of 6 metres
(19.7 ft.) and in the case of a corner lot, no means of ingress or egress
shall be located within 15 metres (49.2 ft.) of the intersection of the
street lines, or, where a corner is rounded, the points at which the
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
87
extended streetlines meet.
b)
For Accessory Buildings Not Attached T o T hePrincipal Building
i)
Rear Yard (Minimum)
1.5 metres (4.9 ft.)
ii)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft.)
iii)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
iv)
Building Height (Maximum)
4.5 metres (14.8 ft.)
c)
For Lands Abuttinga Residential Zone or Residential Use
i)
Notwithstanding the above provisions, where a rear yard and/or an
interior side yard abuts a residential zone or any existing residentialuse,
then such interior side yard shall be a minimum of 5 metres (16.4 ft.)
and such rear yard shall be a minimum of 10 metres (32.8 ft.). The 3
metre (9.8 ft.) strip immediately adjacent to therearand/orinterior side
lot lines shall be landscaped.
ii)
Water oriented commercial uses such as marinas or docks shall be
located a minimum of 60 metres (196.9 ft.) from the nearest residential
zone or use.
d)
Additional ZoneRegulations for A Marina
Notwithstanding the above provisions, a marina use shall be subject to the
following special provisions in addition to all other applicableprovisionsof this
By-law:
i)
Where a rear yard and/or interior side yard abuts a navigable body of
water,then such rear yard and/orinterior sideyardmay be reducedto
zero metres.
ii)
No entrance channel, turning basin, dock or boat mooring area shall
be located closer than 60 metres (196.9 ft.) to a residential zone, a
residential use or a street line.
iii)
Facilities for the refuelling of marine craft shall be provided at a
separate pier or dock area from boat mooring facilities.
iv)
Catwalks shall have a minimum width of .6 metres (2 ft.) and boat
mooring docks shall have a minimum width of 1.2 metres (3.9 ft.).
v)
A minimum of one parking space shall be provided for everytwoboat
slips.
e)
Additional ZoneRegulations For A T ent and/or T ravel T railer Park
Notwithstanding the aboveprovisions,a tentand/ortraveltrailer parkuse shall
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
88
be subject to the following special provisions in addition to all other
applicable provisions of this By-law:
i)
Lot Area ( Minimum)
4.0 hectares (9.9 acres)
ii)
The minimum distance of buildings or structuresor a tentor traveltrailer
site from any lot line shall be 15 metres (49.2 ft.).
iii)
The minimum distance of buildings or structuresor a tentor traveltrailer
site from the centre of road allowance shall be 25 metres (82.0 ft.).
iv)
Travel Trailer Park Density
30 trailers per
(Maximum)
gross
hectare
to
a
maximum of 50 sites
v)
Travel Trailer Site Area
200
sq.
metres
(2,142.8 sq. ft.)
(Minimum)
vi)
Travel Trailer Site Frontage
6 metres (19.7 ft.)
(Minimum)
vii)
Building Height (Maximum)
4.5 metres (14.8 ft.)
viii)
Maximum Number of Travel
1 travel trailer
Trailers on a Travel Trailer
Site
ix)
Travel Trailer Park
2 m/site (6.68 ft./site)
Usable Waterfront (Minimum)
x)
Lot Coverage (Maximum)
25 percent
xi)
No campsite, building or structure except a marine facility for
launching and/or servicing of boats or a water pump house is
permitted within 30 metres (98.4 ft.) of the highwater mark of any water
body.
xii)
The creation of a new tent and trailer park or the expansion of an
existing park shall require an amendment to this by-law.
f)
Additional ZoneR egulations For Hotels, Lodges, HousekeepingCottages andT ourist
Cabins
Notwithstanding the above provisions, motels,hotels,housekeepingcottages
and tourist cabins shall be subject to the following special provisions in
addition to all other applicable provisions of this By-law.
i)
Lot Area ( Minimum)
2.0 hectares (4.9 acres)
ii)
Maximum Density
1
unit/4000
sq.
metres
(43,057.1
sq.
ft.)
to
a
maximum of 50 units
iii)
No campsite, building or structure except a marine facility for
launching and/or servicing of boats or a water pump house is
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
89
permitted within 30 metres (98.4 ft.) of the highwater mark of any water
body.
11.4
GENER AL PR OVISIONS
All other special provisions of Section 5 "General Provisions" shall apply, where
applicable,
to
any
land
lot,
building,
structure or
use
within the
RRC
-
Recreational/Resort Commercial Zone.
11.5
SPE CIAL RRC -RECRE AT IONAL/RESORT COMMERCIAL ZONES
11.5.1 RRC-1 (Lots 23/24, Concession 9, T ownship of Carlow)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RRC-
1 and shown on the attached schedules, the following special provisions shall
apply:
Permitted Uses
The following shall be the only permitted uses:
v)
bed and breakfast establishment as part of the principal residential
structure;
19)
tourist cabins;
20)
open space recreational trails;
21)
artist's studio and display as part of principal residence.
Zone Provisions
i)
number of guest rooms in principal residential structure (maximum)
4
ii)
number of tourist cabins (maximum)
2
iii)
gross floor area of tourist cabins
37.2 sq. m (400 sq. ft.)
iv)
dimensions of sign to identify the bed and breakfast
(maximum)
0.9 m x 1.5 m (3 ft. x 5 ft.)
v)
design of sign will meet satisfaction of Council or its designate;
vi)
tourist cabins are to be located to the rear of the front yard;
vii)
separation distance between tourist cabins (minimum)
9.14 m (30 ft.)
All other provisions of this by-law shall apply.
11.5.2 RRC-2 (Lot 25, Concession 3, T ownshipof Carlow)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RRC-
2 and shown on the attached schedules, the following special provisions shall
apply:
Permitted Uses
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
90
The following shall be the only permitted use:
22)
a tourist establishment restricted to tents, camper trailers and truck
campers.
Zone Provisions
1)
lot area
4 ha (9.88
acres)
2)
lot frontage
100 m (328.0 ft.)
3)
front yard depth
12 m (39.3 ft.)
4)
interior side yard
12 m (39.3 ft.)
5)
rear yard depth
12 m (39.3 ft.)
6)
landscaped open space (minimum)
30%
7)
height of buildings (maximum)
10.5 m (34.4
ft.)
All other provisions of this by-law shall apply.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
91
SECT ION 12 -I - INDUS T RIAL ZONE
12.1
Within a I - Industrial Zone, no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in this section
and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
12.2
PE RMITT ED US ES
8)
a manufacturing, processing, or warehousing undertaking including storage
and self-storage warehousing,
9)
a workshop for the repair, processing, or treatmentof small goods andwares,
and any other service industries,
10)
an automobile body shop,
11)
a yard for the open or concealed storage of goods or materials,
12)
a machine or welding shop,
13)
a lumber yard,
14)
a research facility,
15)
a merchandising service shop,
16)
a transport terminal or yard,
17)
any business, administrative or professional offices accessory to a permitted
industrial use, including a union hall,
18)
a builder's supply outlet,
19)
a cartage or express truck terminal,
20)
a cheese factory,
21)
a yard for the open or concealed storage of goods or materials,
22)
a fuel storage tank depot, including bulk fuel sales,
23)
an agricultural equipment supply and repair outlet,
24)
a woodworking shop/showroom,
25)
a contractor's yard, including maintenance yard/public works yard,
26)
a canning factory,
27)
a bulk storage yard,
28)
an automobile service station, including an automobile body shop,
29)
a lumber mill, sawmill and a planing mill, dry kiln, chipper, repair depot,
30)
a feed and seed mill,
31)
a merchandise service shop,
32)
a machine or welding shop,
33)
an assembly operation,
34)
a retail and/or wholesale building supply outlet,
35)
a factory outlet,
36)
an accessory dwelling or dwelling unit for a caretaker or security guard, in
accordance with the provisions of Section 5.19,
i)
an accessory building or use to the above uses including a bank, a cafeteria
and a retail outlet for the purpose of selling goods manufactured, stored
and/or assembled on the premises, provided such outlet is part of the
principal building, and occupies not more than five (5) percent of the gross
floor area of the principal building;
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
92
37)
an accessory building or use to the above uses including a retail outletfor the
purpose of selling goods manufactured, stored and/or assembled on the
premises, provided such outlet is part of the principal building, and occupies
not more than five (5) percent of the gross floor area of the principal building.
12.3
ZONE REGULAT IONS
a)
For All Principal Buildings or Uses
i)
Lot Area (Minimum)
4000 sq. metres (43,057.1 sq. ft.)
ii)
Lot Frontage (Minimum)
45 metres (147.6 ft.)
iii)
Front Yard (Minimum)
8 metres (26.2 ft.)
iv)
Rear Yard (Minimum)
8 metres (26.2 ft.)
v)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
vii)
Lot Coverage (Maximum)
40 percent
viii)
Building Height (Maximum)
15 metres (49.2 ft.)
ix)
Off-street parking shall be provided in accordance with Section 5.31.
x)
Off-street loading facilities shall be provided in accordance with
Section 5.32.
xi)
A sight triangle of 15 metres (49.2 ft.) minimum shall be provided on a
corner lot.
b)
For Accessory Buildings Not Attached T o T hePrincipal Building
i)
Rear Yard (Minimum)
1.5 metres (4.9 ft.)
ii)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft.)
iii)
Exterior Side Yard (Minimum)
8 metres (26.2 ft.)
iv)
Building Height (Maximum)
4.5 metres (14.8 ft.)
c)
For Lands AbuttingA Residential Zoneor Residential Use
Notwithstanding the provisions of this section, where an interior side yard
and/or rear yard abuts a residential zone then such interior side yard and/or
rear yard shall be a minimum of 22 metres (72.2 ft.). This 22 metre (72.2 ft.)
area shall be maintained in an open space condition and the open storage
of goods or materials shall not be permitted within this 22 metre (72.2 ft.) area.
d)
For Lands AbuttingaP ublicorPrivateR oadAllowanceor OppositeaResidential Zone
Where any lot line in an I Zone abuts a public road allowance or a private
road allowance or where the lot on the opposite side of a street or a publicor
private road allowance is in a residential zone,a bufferplanting stripadjoining
such abutting lot line shall be provided on the I Zone lot.
Contents
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
93
The buffer/planting strip shall consist of an earth berm and/or a continuous
unpierced hedgerow of tree, evergreens or shrubs, not less than 2.0 metres
(6.6 ft.) high and 3 metres (9.8 ft.) wide immediately adjoining the lot line or
portion thereof along which such planting strip is required. The earth berm
shall not be greater than a 3:1 slope.
Maintenance
A buffer/planting strip shall be planted, nurtured and maintained by the
owner or owners of the lot on which the strip is located.
Landscaped Open Space
A buffer/planting strip referred to in this subsection may form a part of any
landscaped open space required by this By-law.
Interruption for Driveways or Pedestrian Walks
In all cases where ingress and egress driveways or walks extend through a
buffer/planting strip or it shall be permissible to interrupt the strip within 3
metres (9.8 ft.) of the edge of such driveway or within 1.5 metres (4.9 ft.) of the
edge of such walk.
12.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the I - Industrial Zone.
12.5
SPE CIAL I - INDUST RIAL ZONES
12.5.1 I-1 (Lot 22, Concession 7, T ownship of Carlow)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned I-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
light industrial processing occurring within a manufacturing/processingplant;
ii)
manufacturing and storing of ammunitions and related materials (including
magazines) as approved in accordance with The Explosives Act of Canada;
iii)
wholesale and retail of ammunitions and related products;
iv)
accessory structures incidental and ancillary to permitted uses.
Definition
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
94
"Light Industrial" shall mean industrial activities that have the following properties or
characteristics:
i)
the probability of discharge of noise, odour, dust or vibration is low and would
be contained on the lot;
ii)
limited outside storage to the rear of the processing/manufacturing plant;
iii)
operations occur during day time hours; and
iv)
infrequent movement of heavy trucks or machinery.
All other provisions of this by-law shall apply.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
95
SECT ION 13 -MX -MINERAL EXT RACTIVE ZONE
13.1
Within a MX - Mineral Extractive Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use otherthanas permitted
in this section and also such use, building or structure shall be in accordance withthe
regulations contained or referred to in this section.
13.2
PE RMITT ED US ES
1)
a pit or quarry, including drilling and blasting,
2)
open space, conservation, forestry and agricultural uses,
3)
the processing of mineral aggregates, including aggregate crushing,
screening and washing,
4)
asphalt plants, ready-mix concrete plants and aggregate transfer stations,
5)
a single detached dwelling accessory to an extractive use,
6)
accessory buildings or uses to the above uses,
7)
a wayside pit or quarry.
13.3
ZONE REGULAT IONS
a)
For Excavation Area andS torage Uses
i)
Setback from rear and interior
15 metres (49.2 ft.)
side lot lines (Minimum)
ii)
Setback from front and exterior
30 metres (98.4 ft.)
side lot lines (Minimum)
iii)
Setback from residential,
30 metres (98.4 ft.)
commercial, community facility
or industrial zone or use (Minimum)
iv)
Setback from any road
30 metres (98.4 ft.)
right-of-way (Minimum)
v)
Setback from natural water course
30 metres (98.4 ft.)
b)
For Open andEnclosedPit or Quarry ProcessingOperations
i)
Setback from rear and interior
30 metres (98.4 ft.)
side lot lines (Minimum)
ii)
Setback from front and exterior
30 metres (98.4 ft.)
side lot lines (Minimum)
iii)
Setback from residential,
90 metres (295.3 ft.)
commercial, community facility or
industrial zone or use (Minimum)
iv)
Setback from any road
right-of-way (Minimum)
30 metres (98.4 ft.)
v)
Setback from natural water course
30 metres (98.4 ft.)
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
96
c)
For Accessory Buildings toPit or Quarry Operations
i)
All yards (Minimum)
30 metres (98.4 ft.)
ii)
Setback from residential,
commercial, community facility or
industrial zone or use (Minimum)
90 metres (295.3 ft.)
iii)
Setback from any road
right-of-way (Minimum)
30 metres (98.4 ft.)
d)
For Conservation, Forestry andAgricultural Uses
i)
The zone regulations contained in the Rural Zone of this By-law shall
apply.
e)
For Open Space Uses
i)
The zone regulations contained in the Open Space Zone of this By-law
shall apply.
f)
Landscaping
i)
A strip of land not less than 15 metres (49.2 ft.) in widthshall be reserved
for landscaping purposes between any MX zone and any adjacent
commercial, community facilityor industrial zone or use and alongany
adjacent streetline or lot line. Where an MX zone abuts a Residential
Zone, or a roadway is the only separation between two such areas,
then no aggregate extraction use shall be made of any kind within 30
metres (98.4 ft.) of the abutting lot line and no parking use shall be
made of any land within 7.5 metres (24.6 ft.) of the abutting lot line.
The intervening land shall be kept in an open space condition with
grass, trees and shrubs and retained as part of the normaloperation of
the extraction activity.
13.4
GENERAL PROVISIONS
All special provisions of Section 5 "GeneralProvisions"shallapply whereapplicableto
any land, lot, building, structure, or use within the MX - Mineral Extractive Zone.
13.5
SPECIAL MX -MINER AL EXT RACT IVE ZONES
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
97
SECT ION 14 -WD - WAST E DISPOSAL ZONE
14.1
Within a WD - Waste Disposal Zone, no person shalluse any land,erect,alter,enlarge,
use or maintain any building or structure of any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
14.2
PE RMITT ED US ES
8)
a sanitary landfill site,
9)
a sewage treatment plant,
10)
a sewage lagoon,
11)
a waste transfer station,
12)
a waste processing facility including the recycling and reprocessing of waste
materials into new products,
13)
a salvage yard,
14)
agricultural, open space, conservation and forestry uses,excluding dwellings,
15)
accessory buildings or uses to the above uses.
14.3
ZONE REGULAT IONS
a)
For Agricultural, Conservation andF orestry Uses
i)
The zone regulations of the Rural Zone of this By-law shall apply.
b)
For Open Space Uses
i)
The zone regulations of the Open Spacezone of thisBy-law shallapply.
c)
For a Salvage Yard
i)
Lot Area (Minimum)
2 ha (4.9 acres)
ii)
Lot Frontage (Minimum)
60 metres (196.6 ft.)
iii)
Yard Requirements:
a)
All yards (Minimum)
15 metres (49.2 ft.)
iv)
A strip of land not less than 15 metres (49.2 ft.) in widthshall be reserved
for landscaping purposes between any salvage yard site and any
adjacent community facility, commercial or industrial zoneor use,and
along any adjacent street line or adjoining lot line. Where a salvage
yard site abuts a residential zone or use or a roadway is the only
separation between two such areas, then no salvage yard use of any
kind shall be made within 30 metres (98.4 ft.) of the adjacent lot line.
The land reserved for landscaping purposes shall be kept in an open
space condition with grass, trees and shrubsand maintainedas partof
the normal operation of the salvage yard activity.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
98
v)
No land shall be used for the storage or mechanized processing of
goods, wares, merchandise, articles or things within 300 metres (984.3
ft.) of any residential or commercial zone or use, nor closer than 100
metres (328.1 ft.) to a lot line or a street line.
Without limiting the
generality of this subsection, mechanized processing includes the use
of machinery or equipment to crush, compact, separate, refine,
incinerate or similarly treat goods, wares, merchandise, articles or
things.
vi)
The salvage yard site shall be sufficiently screened by a fence, a berm
or a combination of the two so that waste materials being stored or
processed on the site are not visible from adjacent roads.
The
screening shall extend a minimum of 3 metres (9.8 ft.) above grade or
to a height equal to that of the goods, wares, merchandise, articles or
things being stored or processed within the salvage yard site,
whichever is the greater. All fences shall be constructedof an opaque
material and shall be painted or otherwise preserved and keptpainted
from time to time, so as to maintain the fences in good condition.
vii)
An accessory weighing scale and recording office shall be permitted
no closer than 30 metres (98.4 ft.) to a street line.
viii)
A salvage yard site shall not be located on land covered by water or
subject to flooding and shall be so located that no direct drainage
leads to a watercourse.
ix)
No open burning shall be permitted.
x)
No storage of tires shall be permitted.
xi)
Prior to the storage or processing of any goods, wares, merchandise,
articles or things all fluids shall be drained and disposed of in a manner
approved by the Ministry of the Environment if they are not stored for
the purposes of resale.
d)
For All Other Waste Disposal Uses
i)
No person, including the municipality, shall establish, alter, enlarge or
extend a sanitary landfill site, a sewage treatment plant, a sewage
lagoon, a transfer station, or a waste processing facility unless a
Provincial Certificate of Approvalhas beenissuedby theMinistry of the
Environment.
ii)
All waste disposal sites shall be established and operated in
accordancewiththerequirementsof theEnvironmentalProtection Act
and the Environmental Assessment Act.
iii)
A strip of land not less than 15 metres (49.2 ft.) in widthshall be reserved
for landscaping purposes between any sanitary landfill site, sewage
treatment plant, sewage lagoon, transfer station or waste processing
facility and any adjacent commercial, community facility or industrial
zone or use and along any adjacent street line or adjoining lot line.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
99
Where such uses abut a residential zone or an existing residential useor
a roadway is the only separation between two such areas, then no
waste disposal use shall be made of any kind within 30 metres (98.4 ft.)
of the abutting lot line. The land reserved for landscaping purposes
shall be kept in an open space condition with grass, trees, and shrubs
and maintained as part of the normal operation of the waste disposal
activity.
14.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the WD - Waste Disposal Zone.
14.5
SPECIAL WD -WAST E DISPOSAL ZONES
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
100
SECT ION 15 -CF -COMMUNIT Y FACILIT Y ZONE
15.1
Within an CF - Community Facility Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use otherthanas permitted
in this section and also such use, building or structure shall be in accordance withthe
regulations contained or referred to in this section.
15.2
PE RMITT ED US ES
1)
any undertaking established or maintained by a governmental board,
authority, agency or commission,
2)
a place of worship, with accessory uses including a cemetery and a dwelling
unit,
3)
a cemetery,
4)
any undertaking of a utility company, such as a natural gas company or
telephone company,
5)
a school,
6)
a commercial or private club or fraternal arena lodge,
7)
a public or private hospital,
8)
a community centre,
9)
a nursing home or extended care facility,
10)
a nursery school,
11)
a library,
12)
an elderly person's centre,
13)
a public park,
14)
any other institutional or community facility use,
15)
charitable camp,
16)
museum or art gallery,
17)
an accessory building or use to the above uses.
15.3
ZONE REGULAT IONS
a)
For All Principal Buildings
i)
Lot Area (Minimum)
4000 sq. metres (43,057.1 sq. ft.)
ii)
Lot Frontage (Minimum)
45 metres (147.6 ft.)
iii)
Front Yard (Minimum)
10 metres (32.8 ft.)
iv)
Rear Yard (Minimum)
10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum)
7.5 metres (24.6 ft.)
vi)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
vii)
Lot Coverage (Maximum)
40 percent
viii)
Building Height (Maximum)
15 metres (49.2 ft.)
ix)
Off-street parking shall be provided in accordance with Section 5.31.
b)
For Accessory Buildings Not Attached T o T hePrincipal Building
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
101
i)
Rear Yard (Minimum)
1.5 metres (4.9 ft.)
ii)
Interior Side Yard (Minimum)
1.5 metres (4.9 ft.)
iii)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
iv)
Building Height (Maximum)
4.5 metres (14.8 ft.)
c)
For Lands AbuttingA Residential Zoneor Residential Use
Notwithstanding the above provisions, where a rear yard and/or interior side
yard abuts a residential zone or existing residential use then such interior side
yard shall be a minimum of 10 metres (32.8 ft.) and such rear yard shall be a
minimum of 15 metres (49.2 ft.).
The 1 metre (3.3 ft.) strip immediately
adjacent to the rear yard and/or interior side yard shall be landscaped.
15.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the CF - Community Facility Zone.
15.5
SPE CIAL CF -COMMUNIT Y FACILIT Y ZONES
15.5.1 CF-1 (Lot 18, Concession 10, T ownshipof Carlow)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned CF-1
and shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
23)
a public boat launch;
24)
related day use parking.
Zone Provisions
i)
the level of road service shall be limited to a partially maintained publicroad,
named by by-law as "Trails End Road".
All other provisions of this by-law shall apply.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
102
SECT ION 16 -GH -GROUP HOME ZONE
16.1
Within a GH - Group Home Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure of any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
16.2
PE RMITT ED US ES
i)
a group home that is licenced by the Ministry of Community and Social
Services.
16.3
ZONE REGULAT IONS
a)
For theP rincipal Building
i)
the principal building shall comply with the requirements of the
appropriate residential zone for the dwelling type being occupied.
Additional Zoning Regulations:
i)
Occupancy:
A group home shall occupy the whole of the residential dwelling.
ii)
Floor Area (Minimum) (including staff and/or receiving family):
-
18 square metres (193.8 sq. ft.) of gross floor area per adult
resident;
-
9 square metres (96.9 sq. ft.) of gross floor area per child
resident.
iii)
Rear Yard Amenity Area (Minimum):
-
14 square metres (150.7 sq. ft.) for each group home resident,
exclusive of staff or receiving family, and not less than a total of
100 square metres (1,076.4 sq. ft.) for each group home.
iv)
Separation Distance (Minimum):
-
500 metres (1,640.4 ft.) from any other group home.
v)
Parking
In addition to the minimum parking requirements of Section 5.31,
one
additional parking space shall be provided for each attendant or
staff
memb
er
who resides outside of the group home.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
103
b)
For Accessory Buildings Not Attached tothe Principal Building
i)
An accessory building shall comply with the accessory building
requirements of the appropriate residential zone for the dwelling type
being occupied.
16.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the GH - Group Home Zone.
16.5
SPE CIAL GH -GROUP HOME ZONES
SECT ION 17 -OS - OPEN SPACE ZONE
17.1
Within an OS- Open Space Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
17.2
PE RMITT ED US ES
11)
open space and conservation uses, includingforestry, reforestationand other
activities connected with the conservation of soil and wildlife,
12)
agricultural uses but not intensive agricultural uses,
13)
a fairground,
14)
a woodlot,
15)
a public or privatepark,conservationarea,playground, roadside park,public
boat launch or swimming or picnicking area, playing field, recreational trail,
swimming pool, wading pool, beach, picnic area, bandstand, skating rink,
tennis court, bowling green, golf course or other similar outdoor recreational
uses, both passive and active,
16)
an accessory dwelling or dwelling unit for a caretaker or security guard, in
accordance with the provisions of Section 5.19 of this By-law,
17)
an accessory building or use to the above uses, including an accessory
commercial building or use to serve an open space use.
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
104
17.3
ZONE REGULAT IONS
a)
For All Uses
i)
The minimum distance of buildings or structure from any lot line shallbe
10 metres (32.8 ft.).
ii)
The minimum distance of buildings or structuresfrom the centre line of
any road shall be 30 metres (98.4 ft.).
iii)
Building Height (Maximum)
6 metres (19.7 ft.)
iv)
Lot coverage (Maximum)
50 percent
17.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable,
to any land, lot, building, structure or use within the OS - Open Space Zone.
17.5
SPE CIAL OS - OPE N SPACE ZONES
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
105
SECTION 18 - EPW - ENVIRONMENTAL PROTECTION WETLAND ZONE
18.1
Within an EPW- Environmental Protection Wetland Zone, no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any use
other than as permitted in this section and also such use, building or structure
shall be in accordance with the regulations contained or referred to in this
section.
18.2
PERMITTED USES
i)
a conservation use excluding any buildings,
ii)
a use that was in existence on or before the date of passage of the
Official Plan,
iii)
a building or structure required by a public authority for flood or erosion
control or for conservation or wildlife management purposes,
iv)
an accessory use to the above uses, excluding any buildings,
v)
hunting, but not hunt camps,
vi)
fishing.
18.3
ZONE REGULATIONS (See also Sections 5.7 and 5.9)
i)
The minimum setback from wetland shall be 30 metres (98.4 ft.).
ii)
Additional zone regulations shall be established by the municipalityat the
time of application in consultation with the Conservation Authority and
the Ministry of Natural Resources.
iii)
All applications for development adjacent to EPWlands (andbeyondthe
minimum 30 metres (98.4 ft.) setback but within 120 metres (393.7 ft.)of the
wetland) shall be dealt with on a site-by-site basis, at the time of
application (see Sections 5.9.2 and 5.9.5).
18.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the EPW -
Environmental Protection Wetland Zone.
18.5
SPECIAL EPW - ENVIRONMENTAL PROTECTION WETLAND ZONES
TOWNSHIP OF CARLOW/MAYO - COMPREHENSIVE ZONING BY-LAW
106
SECT ION 19 -EP -ENVIRONMENTAL PR OTE CTION ZONE
19.1
Within an EP - Environmental Protection Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
19.2
PE RMITT ED US ES
i)
conservation uses, including forestry, reforestation and other activities
connected with the conservation of soil and wildlife,
ii)
agricultural uses,
iii)
a conservation area, excluding any buildings,
iv)
a use that was in existence on or before the date of passage of this by-law,
v)
a building or structure required by a public authority for flood or erosion
control or for conservation or wildlife management purposes,
vi)
passive outdoor recreational uses,
vii)
public and private parks, excluding any buildings,
viii)
an accessory use to the above uses, excluding any buildings, subject to the
approval of Council in consultation with the Conservation Authority and the
Ministry of Natural Resources.
19.3
ZONE REGULAT IONS
i)
The minimum setback of buildings or structures from any lot line shall be 10
metres (32.8 ft.).
ii)
The minimum setback of buildings or structures for the centreline of any road
shall be 20 metres (65.6 ft.).
iii)
The minimum setback from the highwater mark of any lake, river, creek or
stream shall be 30 metres (98.4 ft.).
iv)
The minimum setback of buildings from other Environmental Protection lands
(not in iii) shall be 15 metres (49.2 ft.).
v)
Building Height (Maximum)
6 metres (19.7 ft.)
19.4
GENERAL PROVISIONS
All special provisions of Section 5 General Provisions shallapply,whereapplicable, to
any land, lot, building, structure or use within the EP - Environmental Protection Zone.
19.5
SPE CIAL EP - ENVIRONMENT AL PROTECTION ZONES