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VILLAGE OF PORT STANLEY
BY-LAW #1507
OFFICE CONSOLIDATION to September 2025
NOTICE OF APPLICATION to the Ontario
Municipal Board by the Corporation of the
Village of Port Stanley for approval of a
by-law to regulate land use passed
pursuant to Section 30 of The Planning Act.
TAKE NOTICE that the Council of The Corporation of the Village of Port Stanley
intends to apply to The Ontario Municipal Board pursuant to the provisions of
Section 30 of The Planning Act for approval of By-law 1507 passed on the 25th
day of March 1968.
A copy of the by-law is furnished herewith. A note giving an explanation of the
purpose and effect of the by-law and stating the lands affected therby, is also
furnished herewith.
Any person interested may, within fourteen (14) days after the date of this
notice, sent by registered mail or deliver to the clerk of the Village of Port
Stanley notice of his objection to approval of the said by-law together with the
statement of the grounds of such objection.
The Ontario Municipal Board may approve of the said by-law but before doing
so it may appoint a time and place when any objection to the by-law will be
considered. Notice of any hearing that may be held will be given only to
persons who have filed an objection.
The last date for filing objections will be July 31st, 1968.
DATED at the Village of Port Stanley this 17th day of July, 1968.
Ernest L. McCall .
Port Stan1ey, Ontario
Clerk
Village of Port Stanley.
TO ALL OWNERS OF PROPERTY IN THE VILLAGE OF PORT STANLEY
Brief introduction to By-law No. 1507
A comprehensive Zoning By-law (By-law No. 1507) covering all land within the Village of Port Stanley
has been enacted. It is intended to forward this by-law for final approval to the Ontario Municipal Board.
This By-law affects all properties in the Village.
Any comprehensive zoning by-law--whether it is a document designed to meet the demands of a large
urban area or prepared in a more simpler form to cover a small community--is a sophisticated document
requiring careful study to understand its function. It is hoped that this introductory note will assist in the
study of this By-law and lead to a better understanding of its purpose and function. The Village will
welcome questions and suggestions by any ratepayer to the end that this By-law may be best fitted for
the protection of all property owners of the Village.
The purpose of this By-law is to ensure orderly development; to separate from each other incompatible
land uses such as residential, commercial or industrial land uses; to protect land owners against the
deterioration of the value of their properties which occurs if indiscriminate mixing of incompatible land
uses takes place and, generally, to encourage the location of land uses in those areas of the Village
which are best suited for the development of such uses, example, in residential, commercial or industrial
areas. This comprehensive Zoning By-law, therefore, is a protective By-law to ensure logical and
sensible development of the Village.
This By-law can be changed, if circumstances should require such an action, amendment to permit
changes in the use of certain lands. Property owners that are likely to be affected by proposed changes
will be notified in accordance with Provincial regulations to allow for discussions and to obtain their views
regarding such proposed by-law changes. It is possible, if sufficient valid reasons for refusing a proposed
by-law change are known or submitted, that a proposed by-law change may not be allowed. This By-law
and the administrative procedures connected with its operation, permit every interested Village
ratepayer to actively participate in the planning of the community.
This By-law regulates the use of land and the erection and use of buildings and other structures. Every
property owner should clearly understand that this By-law does not restrict the sale of land. The
regulations of this By-law apply to the land regardless of ownership and does not prevent the change in
ownership of any land or real estate. This By-law primarily-- although not exclusively-- an Existing Land
Use By-Law. This means that individual property are "zoned" (with only few exceptions) for that
purpose for -which the properties were used at the time this By-law was enacted.
This By-Law is a municipal regulatory type of By-Law based on municipal planning policies but it does
not contain policies. Municipal policies that led to the formulation of the regulations contained in this By-
Law are laid down in a Village policy document that is called the Villages "Official Plan". Although this
latter document has not yet been formally adopted, any person desiring to know what the municipal
planning policies are or will be as far as the future use of any property in the Village is concerned, is
urged to consult the said Village "Official Plan" and to attend at the Village Offices for this purpose at any
time during the regular business hours.
Any owner of land interested obtaining information regarding a property must first study the maps attached
and then consider the text of this By-Law so far as it related to such property. To ascertain the particular
area in which a property is situated, the Index Map of this By-Law should be consulted first. If an individual
property is used for one of the purposes permitted the agricultural zone ( OS2 Zone), it will not be shown
individually on a zoning map. If a property is used for a purpose not permitted in the agricultural zone it will
be shown (With few exceptions) on the respective Zoning "Map Part" referred to in the Index Map. Said "Map
Parts" are numbered for purposes of reference. The reference numbers appearing on the Index Map appear
also in the upper right hand corner of the small maps attached. (e.g. Map Part 1, Map Part 2, etc.) Sections
3, 4 and 5 of this By-Law specifically deal with the zoning maps, describe the meaning of the symbols
printed on the maps and their relationship to the properties outlined on the maps .
A symbol attached to an area or property shown on one of the small maps identifies the Zone (or "Use Zone"
to which the property belongs. For example, a property labelled "R1" on the map is identified as being a
"Residential Zone 1" property; a property labelled "B 3" on the map is identified as being a "Building Zone
3" property, etc. These symbols also appear in the Headings of Sections 8 to 12 inclusive of the By-Law and
the regulations contained in these sections apply to the respective zone as identified in the Headings. For
example, if the land of a property owner is located in an OS2 Zone, Section 8. 3 (OPEN SPACE ZONE 2 (OS2)
REGULATIONS) contains the regulations which apply to the particular property, or, if a property is labelled on
a map as "B2", Section 10.3 (BUSINESS 2 (B2) REGULATIONS) contains the regulations which apply to this
particular property, etc. The meaning of symbols is described in Section 4 of this By-Law .
It is sometimes possible that different meanings can be ascribed to certain words or terms. To avoid that this
possibility creates difficulties in regard to important words or terms used in this By-Law, a "Definition"
section has been included. To ensure that an interested property owner properly understands the meaning of
the Regulations, it is considered necessary to read very carefully Section 2 (DEFINITIONS) of this By-Law.
There is also the possibility of certain regulations appearing in a number of different to avoid unnecessary
repetition of certain regulations, this By-Law sets out such regulations only once in Section 7 under the
Heading "General use REGULATIONS". To fully understand this By-Law a careful study of Section 7 is
important.
This By-Law sets out for the different zones certain standards such as lot areas, lot frontages, yard
requirements, etc. Because most of these standards are low minimums, property owners set their own
higher standards for the development of their lands. However, where in a municipality a zoning by-law is
being introduced for the first time, a great number of properties may have been developed in the past in
such a manner that they cannot conform to the generalized standard of the By-law. It is impossible, of
course, to write zoning regulations that would recognize all the different standards of development existing
at the time this By-Law was enacted. This By-Law contains provisions, however, that are intended to avoid
some of these problems. It is recommended that in particular Sections 8.1, 9.1, and 10.1 of this By-Law be
carefully examined in regard to existing lot frontages and lot areas. Also, under certain conditions, minor
variances can be granted from the provisions of this By-Law.
Although most items in this By-Law are self-explanatory, and despite these introductory notes,
misinterpretation of certain items of this By-Law and misunderstandings are likely to occur. If in the mind of
any ratepayer there is doubt as to the meaning of certain items or as to how the regulations would affect a
particular property, the land owner should not hesitate to contact the Village Officials or call the Village
Offices for assistance. It may not always be possible to obtain an answer to a certain question immediately.
If this is the case then the ratepayer in question should submit his question or problem in brief writing to the
Village Offices together with name, address and telephone number. Every effort will be made to forward the
request answer or solution to a problem within the shortest possible period of' time.
INDEX TO
VILLAGE OF PORT STANLEY
ZONING BY-LAW NO. 1507
ENACTMENT
TITLE OF BY-LAW
CONFORMITY REQUIREMENT
Section 1.
General Provisions.
Section 2.
Definitions.
Section 3.
Establishment of Zoning Map.
Section 4.
Zone Symbols.
Section 5.
Establishment of Open Space Zone 2.
Section 6.
Interpretation of Zone Boundaries.
Section 7.
General Use Regulations.
Section 8.
Open Space ( OS ) Zone Regulations.
Section 9.
Residential ( R ) Zone Regulations.
Section 10. Business ( B ) Zone Regulations.
Section 11. Institutional (IN) Zone Regulations.
Section 12. Industrial ( C ) Zone Regulations.
GENERAL PROVISIONS
SECTION 1
1.1
VIOLATIONS AND PENALTIES
Every person
(a)
Who contravenes any of the provisions of this By-law, or
(b)
Who is the owner of any land used or of any building or structure erected, altered, enlarged
or used in contravention of this By-law, or
(c)
Who causes or permits any land used or of any building or structure erected, altered,
enlarged or used in contravention of this By-law, or
(d)
Who is the occupant or owner of any land used or of any building or structure erected,
altered, enlarged or used in contravention of this By-law is guilty of an offence and on
conviction liable,
(i)
on a first conviction to a fine of not more than $20,000.00, and
(ii)
on a subsequent conviction to a fine of not more than $10,000.00 for each day or
part thereof during which the contravention has continued after the day upon which
there was a first conviction;
provided that if a corporation is convicted under this Subsection 1.1, the maximum penalty
that may be imposed is,
(iii)
on the first conviction, a fine of not more than $50,000.00 and
(iv)
on a subsequent conviction to a fine of not more than $25,000.00 for each day or part
thereof during which the contravention has continued after the day upon which
corporation was first convicted.
1.1a
ORDER OF PROHIBITION
When a conviction is entered under subsection 1.1, in addition to any other penalty provided by law,
the Court in which the conviction has been entered, Court of competent jurisdiction thereafter, ,may
make an order prohibiting the or repetition of the offence by the person convicted.1
1.2. BY-LAWS REPEALED
The following Restricted Area (Zoning) By-laws are hereby repealed:
Nos. 1472
1477
1546
)
ByLaw 1576
1472- 2
1151
1568
)
1472-1
1154
1473
860
1.3. EFFECTIVE DATE
No part of this By-law shall cone into force without the approval of the Ontario Municipal Board
but upon such approval this By-law shall take effect on the day of the passing there.
READ A FIRST TIME THIS 11th DAY OF MARCH, 1968.
READ A SECOND AND THIRD TIME AND FINALLY PASSED THIS 25th DAY OF MARCH, 1968.
"E. L. McCall"
"Lorne Keillor"
CLERK
REEVE
1 Added new subsection by Clause 1 to By-law 1041, March 25th, 2008.
DEFINITIONS
SECTION 2
2.1. ACCESSORY BUILDING
means a building attached or detached which is customarily incidental and subordinate to the main
use of the lot and which is not used or intended for use as human habitation.
2.2. ACCESSORY USE
means a use customarily incidental, subordinate and exclusively devoted to the main permitted use
and carried on with such main use on the same lot.
2.2.1 ADULT ENTERTAINMENT PARLOUR means any premises or part thereof in which is provided, in
pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to
erotic or sexual appetites or inclinations;
(i)
'to provide' when used in relation to services includes to furnish, perform, solicit, or give such
services and 'providing' and 'provision' have corresponding meanings;
(ii)
'services' includes activities, facilities, performances, exhibitions, viewing and encounters but
does not include the exhibition of film approved under the Theatres Act;
(iii)
'services designed to appeal to erotic or sexual appetites or inclinations' includes,
(a)
services of which a principle feature or characteristic is nudity or partial nudity of any
person;
(b)
services in respect of which the words 'nude', 'naked', 'topless', 'bottomless', 'sexy',
'erotic', 'nu' or 'exotic' or any other word orany picture, symbol or representation
having like meaning or implication is used in any advertisement.2
2.3. AGRICULTURAL USE
means the cultivation of land, the production of field crops and the selling of such crops produced on
the premises and the breeding and care of livestock and the selling of such livestock or the product of
such livestock raised on the premises.
2.4. AUTOMOBILE REPAIR SHOP
means a building or other structure where major repairs to and body work upon, or painting of motor
vehicles is carried on, but does not include a gasoline filling station, automobile service station,
wrecking yard or any type of out-door storage.
2.5. AUTOMOBILE SERVICE STATION
means a lot, building or other structure, where such goods are sold and such minor services are
provided which are essential to the running operation of motor vehicles and may include the selling of
refreshments to the travelling public by way of vending machines, and may include a coffee shop, but
does not include a retail store, automobile repair shop as defined in subsection 2.4 of this by-law, or
the business of selling cars or other vehicles, and does not include a mechanical or coin operated car
washing establishment except that cars may be washed by the operator or an employee of the station
with or without the aid of semi-automatic equipment.
2.6.
BOARDING HOUSE
means any house or building in which the proprietor resides and occupies at least 10 percent of the
floor space used for the purposes of the boarding house as his residence, and supplies for hire or gain
to other persons, lodging with or without meals in rooms furnished by the proprietor with necessary
furnishings and includes a rooming house, but does not include a hotel or apartment house.
2.7. BUFFER STRIP
means an area of a lot designated as such on a Zoning Map or Zoning Map Schedule and to be used
only for the purposes of screening land, buildings or other structures by the planting and maintenance
of trees and shrubs.
2.8. BUILDING
means any structure used or intended for sheltering any use or occupancy.
2.9. BUILDING AREA
means an area designated on a Zoning Map or Zoning Map Schedule as "BUILDING AREA" which
defines the area of a Lot within which permitted buildings or other structures may be erected, used
and maintained.
2.9.1 BUSINESS OFFICE
means an office in which one or more persons are employed or engaged in the management,
administration, carrying on or conducting of any business and includes the business of any
professional person, real estate agent or broker, insurance agent or broker or of a bank, finance
2 Added new subsection by Clause 1 to By-law 310, April 17th, 2001.
company, credit union, trust company, charity, or a fraternal, religious or political organization, but
does not include any business defined or included within any other definition in this Section 2.3
2.10. CLINIC
means any building containing more than two rooms used or intended for use for any of the purposes
of medical or dental practice, and without limiting the generality of the foregoing includes the offices
or consulting rooms of members of the medical or dental professions listed in this by-law under the
definition "Home Occupations" and includes any building in which two or more Home Occupations are
being carried on by members of the said medical or dental professions.
2.10.1 COMMERCIAL FISHING USE:
means the use of land, buildings, or other structures for activities involved primarily with the
commercial fish harvest Such activities include the processing, storage, transportation, wholesaling
and retailing of fishery products and the manufacturing, repair and storage of fishery equipment.4
2.10.2 CLUSTER HOUSING:
shall means a form of housing that is arranged in identifiable groups, or to form a visually cohesive
group where the land is under one ownership. The type of dwelling unit permitted shall include:
- A building containing more than one dwelling unit horizontally or vertically attached or stacked
-
A group of multiple buildings containing more than one dwelling unit horizontally or vertically
attached or stacked.5
2.11. CORNER LOT
means a lot bounded on two or more adjoining sides by street boundary lines which include an angle
of not more than one hundred and twenty-five degrees and in the case of curved street boundary
lines such angle is formed by their tangents drawn from the points where the boundary lines of the
lot meet the street boundary lines.
2.12. COVERAGE
means that portion or percentage of the area of any lot upon which buildings or structures are
erected or are permitted to be erected, but does not include areas used for septic tanks, tile fields or
drainage pipes.
2. 1 3. DWELLING
means any building or part of any building used or intended for use exclusively for residential
occupancy including an apartment building, but does not include a summer cottage, a hotel, motel,
boarding house, rooming house or similar commercial uses or private or semi-private or public
institutional uses.
2.14. DWELLING, DUPLEX
means a multiple dwelling comprising two dwelling units one above the other.
2.15. DWELLING, ONE-FAMILY
means a dwelling consisting of one dwelling unit only.
2.16. DWELLING SEMI-DETACHED
means a dwelling comprising two dwelling units side by side and joined by a common or party wall.
2.17. DWELLING, MULTIPLE
means any dwelling containing more than two dwelling units.
2.18. DWELLING UNIT
means one room or a group of rooms in one building used by one family for residential occupancy
having food preparation and sanitary facilities and a private entrance from outside the building or
from a common hallway or stairway inside the building.
2.19. EXTERNAL DESIGN
means the design arrangement or pattern of materials forming the exterior of a building or structure.
2.19.1 EXTERIOR LOT LINE
means the lot line of a corner lot abutting a street other than the front lot line.
2.19.2 EXTERIOR SIDE YARD
means a yard extending from the front yard to the rear yard between the main building wall and the
exterior lot line.
3 Added new subsection by Clause 6 to By-law 2330, September 2nd, 1987.
4 Added new subsection by Clause 6 to By-law 2054, August 9th, 1982.
5 Added new subsection by Clause 6 to By-law 2324, September 14th, 1987.
2.19.3 EXTERIOR REAR YARD
means that portion of a rear yard within a corner lot lying between the exterior lot line and the
projection to the rear lot line of the limit of the required exterior side yard opposite the exterior lot
line.
2.19.4EXTERIOR SIDE YARD DEPTH
means the horizontal distance between the exterior lot line of the lot and the main building wall or,
where the main building wall is not parallel to the exterior lot line, the horizontal distance between
the exterior lot line and the point in the face of the main building wall which is closest to the exterior
lot line.6
2.20. FAMILY
means one person or a group of persons, including domestic servants, residing as a single, non-profit
housekeeping unit in a dwelling unit and roomers or boarders not exceeding three in numbers.
2.21. FARM USE
Means the use of a parcel of land for the purposes of agriculture,
(a)
having an area of not less than 25 acres.
OR
(b)
having an area of not less than three acres if the agricultural use of the land provides the sole
livelihood of the land owner and whose sole business is agriculture,
and includes the erection and use of buildings and other structures necessary for the agricultural use
including farm residences, except that in zones where buildings and other structures are prohibited
such use refers only to the land.
2.22. FLOOR AREA
means the sum total of the gross horizontal areas of the several floors of the building or buildings and
other structures on a lot or parcel of land, measured from the exterior faces of the exterior walls or
from the centre line of the common wall separating two buildings or other structures, and the "floor
area'' of a building or other structure includes
1.
basement or cellar floor area where basement or cellar ceiling height is 6 feet or more, unless
otherwise specified,
2.
elevator shafts, and stairwells at each floor,
3.
floor area used for mechanical equipment,
4.
penthouses,
5.
attic space having headroom of 7 feet or more for at least half the attic floor area,
6.
interior balconies and mezzanines,
7.
enclosed porches,
8.
floor area devoted to accessory uses and home occupations,
but area used for a private garage, parking or loading whether in the main building or structure or in
an accessory building or structure, is not included in the ''floor area".
2.23. FLOOR AREA RATIO
means the "floor area" (in square feet) of all buildings and other structures on a lot divided by the
area of the lot (in square feet).
2.23.1 FRONT LOT LINE
means:
(i)
in the case of an interior lot, the lot line dividing the lot from the street;
(ii)
in the case of a corner lot the shorter lot line abutting the street unless each abutting lot line is
of equal length in which case the front lot line shall be the lot line where the principle access to
the main building is provided, and
(iii)
in the case of a through lot the front lot line shall be the lot line where the principle access to
the main building is provided.7
2.23.2 FRONT YARD
means the yard extending across the full width of a lot between the front lot line and the main
building wall.
6 Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
7 Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
2.23.3 FRONT YARD DEPTH
means the horizontal distance between the front lot line of the lot and the main building wall or,
where the main building wall is not parallel to the front lot line, the horizontal distance between the
front lot line and the point in the face of the main building wall which is closest to the front lot line.
2.24. GASOLINE FILLING STATION
means a place where petroleum products only are sold and are delivered directly to the fuel tanks of
motor vehicles.
2.25. GARAGE, SEMI-DETACHED
means two garages attached by a common wall centred on the lot line.
2.25.1 GRADE
means the lowest elevation of the surface of a lot measured at a wall of the main building on the lot.8
2.26 HEIGHT
means when used with reference to a building or structure shall mean the vertical distance in metres
between the horizontal plane through grade level and a horizontal plane through;
(i)
the highest point of the roof assembly in the case of a building with a flat roof or a
deck roof;
(ii)
the average level of a one-slope roof, between the ridge and the eaves, provided that
such roof having a slope of less than twenty degrees with the horizontal shall be
considered a flat roof;
(iii)
the deck roof line, in the case of a mansard roof;
(iv)
the average level between eaves and ridges in the case of a roof type not mentioned in
subsections (i), (ii) and (iii) immediately preceding. The height regulations shall not
apply to any ornamental dome, chimney, tower, storage silo, barn, cupola, steeple,
church spire or water storage tank.9
2.27. HOME OCCUPATION
means a use other than residential conducted in a dwelling unit and which use,
1.
is clearly secondary to the main use of the dwelling unit as a private residence,
2.
does not change the character of the dwelling unit as a private residence,
3·
does not show exterior evidence of being conducted therein except a sign showing the name of
the occupant with letters indicating university degrees and professional affiliation of the said
occupant
which sign does not exceed six inches by eighteen inches in area,
4.
does not create or become a public nuisance and in particular not in regard to noise, traffic or
parking,
5.
does not occupy more than 25% of the total floor area of the dwelling unit including basement
or cellar area used for home occupation or as living quarters, or 300 square feet whichever is
the lesser,
and, for greater clarity, such use includes the offices or consulting room for a profession such as a
physician, dentist, chiropractor, lawyer, engineer, accountant, teacher, musical instructor, when a
single pupil is instructed at a time, the office for a trade such as a painter or electrician and the work
room for a dressmaker, milliner or hairdresser, but does not include or permit a clinic, any shop, tea
room, tourist home, convalescent home, mortuary, funeral parlour, dancing school, rooming house,
boarding house, hair-dressing if more than one person is engaged in the trade, millinery work if more
than one person is engaged in the trade, real estate or insurance office if more than one person is
engaged in the business, or any other use or other commercial use or institutional use or a workshop,
storage yard, parking area or plant for any of the trades.
2.28. INDUSTRIAL-COMMERCIAL USE
means any established involved primarily in repairing, servicing, processing or manufacturing
activities excluding those trades or businesses referred to in section 94 of the PUBLIC HEALTH ACT,
R.S.O. 1960 c. 321 as offensive trades, and the following as accessory uses only: transportation,
wholesaling, storage, or shipping.
2.29. INSTITUTIONAL USE
means the use of land, buildings or other structures for governmental, religious, educational,
charitable, philanthropic or hospital purposes and involving activities and operations which are carried
on for some public or social purpose and not as a business.
2.29.1 INTERIOR LOT
8 Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
9 Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
means a lot other than a corner lot.
2.29.2 INTERIOR LOT LINE
means a side lot line of an interior lot.
2.29.3 INTERIOR SIDE YARD
means a yard extending from the front yard to the rear yard between the main building wall and the
side lot line not abutting a street.10
2.29 INSTITUTIONAL USE:
means the use of land, buildings or other structures for governmental, religious, educational,
charitable, philanthropic, or hospital purposes and involving activities and operations which are
carried on for some public or social purpose, examples of such uses are: schools, religious
institutions, meeting halls, senior citizens residences, hospitals or clinics, medical centres,
convalescent homes, cemetaries, governmental administrative buildings, fairgrounds.11
2.30. LOADING SPACE
means a paved area 12 feet by 30 feet, with 14 feet clearance above the paved surface, made
available for the loading and unloading of one motorized transport vehicle, with a way of access at
least 12 feet in width from a public roadway with sufficient turning radius and area under all
conditions of use.
2 .31. LOT
means a parcel of land, or more than one but adjoining parcels of land under one ownership and
appropriated for the exclusive use of a group of buildings comprising one undertaking or enterprise,
which said parcel or parcels abut upon a public street.
2.32. LOT DEPTH
means the shortest horizontal distance between the front lot line and the rear lot line of a lot
2.32 LOT DEPTH
means the horizontal distance between the front and rear lot lines. If these lines are not parallel, it
shall be the length of a line joining the mid-points of the front and rear lot lines. When there is no
rear lot line, lot depth means the length of a straight line joining the middle of the front lot line with
the apex of the triangle formed by the side lot lines.
2.32.1 LOT FRONTAGE
means the horizontal distance between the side lot lines of a lot measured at right angles, but where
such side lot lines are not parallel, the lot frontage shall be measured perpendicularly to the line
joining the midpoint of the front and midpoint of the rear lot lines at a point within the lot which is 7.5
metres from the front lot line, and where such side lot lines meet, the lot frontage shall be measured
perpendicularly to the line joining the apex of the triangle formed by the side lot lines and the front
lot line at a point within the lot and 7.5 metres from the front lot line.12
2.3
LOT LINE
means any boundary line of a lot and includes a front or street lot line, side lot line and rear lot line.
2.34. LOT WIDTH
means the shortest horizontal distance between the side lot lines.
2.34.1 MEDICAL CENTRE:
means a building wherein members of the medical profession and dental profession either singularly
or in union provide diagnostic services and treatment to the general public without overnight
accommodation and shall include such uses as reception areas, offices, consultation and x-ray rooms,
provided that all such uses have access only from the interior of the building.13
2.34.2 MARINE FACILITY
means an establishment located on the shore of a body of water which is used to moor, berth or store
all types of marine pleasure craft and may include electricity, water and sewer services for these
craft. This definition may also include those commercial functions relating to the boating public which
are accessory and subordinate to the use of the site as a marine facility but does not include the
service, repair or fueling of such craft.14
2.35. MOBILE HOME
includes a trailer and means any movable vehicle or living unit or portable structure having no
foundation other than wheels, jacks or skirtings and so designed or constructed as to permit
occupancy for dwelling or sleeping purposes or commercial purposes.
10 Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
11 Added new subsection by Clause 6 to By-law 2037, March 8th, 1982.
12 Updated and Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
13 Added new subsection by Clause 6 to By-law 2037, March 8th, 1982.
14 Added new subsection by Clause 2 to By-law 3010, August 12th, 1996.
2.36. MOTEL
means a building or a group of buildings comprising either separate units or a row of units which
contain living or sleeping accommodation for transient occupancy and which have individual entrances
and includes tourist cabins.
2.37. PARKING AREA
means
1.
an area shown on a Zoning Map or Zoning Map Schedules as "PARKING AREA" which defines
the area of a lot as an open space clear of buildings or other structures, which is available and
maintained for the parking of motor vehicles, and includes pedestrian aisles, lanes for the
movement of vehicles, and other space necessarily incident to the parking of vehicles and
together with a way of access to and from a public road or highway under all conditions of use,
2.
an area shown on a Zoning Map or Zoning Map Schedule within a "BUILDING AREA" as
"PARKING AREA" which defines the area of a lot as a space within a building, which is available
and maintained for the parking of motor vehicles, and including pedestrians aisles, lanes for
the movement of vehicles, and other space necessarily incident to the parking of vehicles,
together with a way of access to and from a public highway or road under all conditions of
use.
2.38. PARKING SPACE
means an area 10 feet by 20 feet made available for use for the parking of one motor vehicle with a
way of access at least 10 feet in width from a public road or highway, together with an adequate way
of ingress and egress to such parking space under all conditions of use.
2.38.1 PERSONAL SERVICE SHOP
means a building or part of a building where personal services such as barber shop, beauty salon, a
hair dressing or styling establishment, a shoe repair shop, a tailor or dressmaking shop, a dry
cleaning pickup station, a laundrymat and other similar services are provided directly to the public.15
2.39. PIT
includes a quarry, oil well or gas well and means any opening or excavation in or working of the
ground for the purposes of removal of mineral, soil, rock, quartz, limestone, earth, clay, sand, gravel,
cement, natural oil, natural gas, and any similar natural resources, but this does not include a well
intended to be used for private water supply.
2.40. PLANTING AREA
means an area shown on a Zoning Map or Zoning Map Schedule as "PLANTING AREA" which defines
an area of a lot upon which no building or other structure may be erected or used and upon which no
vehicle may be parked, but which may include pedestrian walkways and other space necessarily
incident to the movement of pedestrian traffic on the lot.
2.40.1PRIVATE CLUB:
means a building or part of a building not operated for gain or profit in which facilities are provided
for such purposes as meetings for civic, fraternal, educational, political or social purposes and shall
include banquet facilities.16
2.40.2 PUBLIC AUTHORITY:
means:
(i)
the Corporation;
(ii)
any department or ministry of the governments of Ontario or Canada;
(iii)
Ontario Power Generation;
(iv)
any telephone, railway, cable, gas or cable television company;
(v)
any school board as defined in The Education Act, public utility commission, transportation
commission, public library board, board of park management, water board, board of health,
public hospital corporation, police commission, conservation authority or commission or
committee of local authority established by exercising any power or authority under any
general or special statute of Ontario with respect to the affairs or purposes of the Corporation
or a portion thereof, and includes any committee or local authority established by by-law of
the Council of the Corporation;
(vi)
the Corporation of the Township of Southwold.
2.40.3 PUBLIC SERVICE USE:
means the use of land, buildings or structures, by a public authority for the purposes of such
public authority.17
15 Added new subsection by Clause 6 to By-law 2330, September 2nd, 1987.
16 Added new subsections by Clause 5 to By-law 1894, August 13th, 1979.
17 Added new subsections by Clause 1 to By-law 1459, April 23rd, 2012.
2.41. PUMP ISLAND AREA
means an area shown on a Zoning Map or Zoning Map Schedule as "PUMP ISLAND AREA" which
defines an area of a lot upon which the erection of gasoline pump islands for commercial distribution
of gasoline or other fuels is permitted.
2.41.1 REAR LOT LINE
means a lot line furthest from and opposite to the front lot line.
2.41.2 REAR YARD
means a yard extending across the full width of a lot between the rear lot line and the main building
wall.
2.41.3 REAR YARD DEPTH
means the horizontal distance between the rear lot line of the lot and the main building wall or, where
the main building wall is not parallel to the rear lot line, the horizontal distance between the rear lot
line and the point in the face of the main building wall which is closest to the rear lot line.18
2.42. REGISTERED PLAN
the symbols "R.P." followed by a number or numbers, e.g. R.P. 123, means REGISTERED PLAN
number..... , or number......
2.43. RESIDENTIAL USE
means the use of a building or a part or parts of a building as a private dwelling only.
2.43.1 RESTAURANT
means a building or part of a building where food and drinks are prepared and served primarily for
immediate consumption within such building by persons seated at tables and counters or either of
them and includes the dining room of a hotel or motel, a dining lounge and tavern licenced under the
Liquor Licence Act of Ontario and a place, not within a building, where food and drinks are served
primarily for immediate consumption within such place.19
2.44. RESTRICTED BUSINESS USE
means the transaction of business, the buying and selling of goods and services in retail stores and
shops, in offices, in hotels, restaurants, banks, or other but similar commercial establishments, but
does not include dry-cleaning or laundry plants, except pickup stores or business supplying self-
service laundry facilities, automobile repair shops, automobile sales except in a completely enclosed
building, printing shops, plumbing shops, carpentry shops, woodworking shops, metal working shops,
the selling of builders' supplies and paints and glass except in retail stores, tire repair shops,
warehousing or storage of any kind except that incidental to a retail commercial business,
transportation terminals, poultry hatcheries, raising of animals and animal processing, the buying
and selling of solid, liquid or gaseous fuels, or other dangerous or combustible, inflammable or
explosive substances, the making or processing of any product which is not solely made or processed
for retail sale only on the premises.
2.44.1 RETAIL STORE
means a building or part of a building where goods, wares or merchandise are offered for sale or sold
at retail otherwise than by auction, and includes any part of any such building where goods, wares
and merchandise are stored prior to being offered for sale at retail or after being sold at retail;
·provided however that the storage herein referred to shall be limited to the storage of goods wares
and merchandise to be sold, or having been sold, on the premises.20
2.45. RURAL-RESIDENTIAL USE
means the use of land, buildings and other structures for residential purposes in rural or open space
areas where public water supply and public sewage disposal facilities are not available, farms
excepted, and including a lot of not less than 15,000 square feet, and
1.
which lot exists on the day of the passing of this by-law or,
2.
which lot has been created by Consent to Register under the provisions of Section 32(b) of the
Planning Act, R.S.O. 1960, Chapter 296, and has been specifically designated for rural-
residential use under the provisions of Subsection (13) of Section 26 of The Planning Act,
R.S.O 4 1960, or
3.
which lot is a within a Registered Plan of subdivision.
2.45.1 SETBACK
means the distance between the centre line of a street and the main building wall that is closest to
the street.
18 Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
19 Added new subsection by Clause 6 to By-law 2330, September 2nd, 1987.
20 Added new subsection by Clause 6 to By-law 2330, September 2nd, 1987.
2.45.2 SIDE LOT LINE
means a lot line other than a front or rear lot line.
2.45.3 SIDE YARD DEPTH
means the horizontal distance between the side lot line of the lot and the main building wall or, where
the main building wall is not parallel to the side lot line, the horizontal distance between the side lot
line and the closest point in the main building wall.21
2.46. STOREY
means that portion of a building which is situated between the surface of any floor and the surface of
the floor next above it and, if there is no floor above it, that portion between the surface of any floor
and the ceiling above it, and which is more than 50% above the average finished grade and which
has a height of more than 7 feet and includes an attic having more than 7 feet headroom for at least
50% of the attic floor area.
2.47 STREET
means a common and public street or road, and includes a highway and a bridge forming part of a
street or on, over or across which a street passes.
2.47.1 STREET LINE
means the boundary between a street and a lot.22
2.48 STRUCTURE
means any material object or work erected as a unit or constructed or put together of connected or
dependant parts or elements, whether located under, on or above the surface of the ground.
2.49. SUMMER COTTAGE
means a building or structure intended for the living, sleeping or eating accommodation of persons for
not more than nine (9) months in any calendar year but this does not include a dwelling or mobile
home, and such building used for summer occupancy only during the months of March, April, May,
June, July, August, September, October, and November.
2.50. WAREHOUSE-COMMERCIAL USE
means any establishment involved in wholesaling, storage, and shipment of goods and materials.
2.51. YARD
means a portion of a lot or a parcel of land uncovered and open from the ground to the sky, except
when used as a parking space or for temporary storage, its minimum depth or width respectively is
measured at right angles from the lot line and includes, according to its location on a lot, a front
yard, a side yard and rear yard and such yard extends along the entire length of the respective lot
line.
2.51 YARD
means a space, appurtenant to a building or structure, located on the same lot as the building or
structure, and which space is open, uncovered and unoccupied from the ground to the sky, except
for such accessory buildings, structures or uses as are specifically permitted elsewhere in this By-
law.23
2.52. ZONE
means an area delineated on the Zoning Map or Zoning Map Schedules and established and
designated by this by-law for a specific use.
2.53. ZONING MAP AND ZONING MAP SCHEDULES
means map sheets incorporated in this by-law and showing graphically the location, size and
boundaries of Zones established by this by-law together with other explanatory text and matter.
21 Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
22 Added new subsections by Clause 4 to By-law 215, June 26th, 2000.
23 Added new subsection by Clause 4 to By-law 215, June 26th, 2000.
ESTABLISHMENT OF ZONING MAP
SECTION 3
3.1.1. The provisions of this by-law shall apply to the area of the municipality as defined on the Zoning Map
being Section 3 of this by-law.
3.1.2. The land use zones to which the provisions and regulations of this by-law shall respectively apply and
their location and boundaries are outlined on the Zoning Map which is incorporated in this by-law
herewith and which together with the Zoning Map Schedules and with all explanatory matter on the
Zoning Map and Zoning Map Schedules shall form part of this by-law.
ZONE SYMBOLS
SECTION 4
4.1.
In order to carry out the purposes and provisions of this by-law the following zones are hereby
established and are designated upon the Zoning Map and Zoning Map Schedules by the Zone Symbols
consisting of the letters and numbers set out in sub-section 4.3 of this by-law.
4.2
All lands shown upon the Zoning Map and Zoning Map Schedules shall be deemed to be included
within the Zone respectively indicated by the corresponding letter or number or letter and number
appearing on such Zoning Map and Zoning Map Schedules.
4.3
The following Zone Symbols shall apply:
4.3.2
OS2 for Open Space Zone 2
4.3.3
OS3 for Open Space Zone 3
4.3.5
R1 for Residential Zone 1
4.3.6
R2 for Residential Zone 2
4.3.7
B1for Business Zone 1
4.3.8
B2 for Business Zone 2
4.3.9
B3 for Business Zone 3
4.3.10
B4 for Business Zone 4
4.3.11
BS for Business Zone 5
4.3 .12
B6 for Business Zone 6
4.3.14
IN for Institutional Zone
4.3.15
C1 for Industrial Zone 124
4.3.16
DBS for Dynamic Beach Standard Zone25
4.4
SPECIAL ZONING STANDARDS
A symbol followed by a number (e.g. B4-6) refers to particular or special zoning standards within
the respective zone indicated by the zone symbol.
24 Replaced subsection 4.3 by Clause 2 to By-law 2324, September 14th, 1987.
25 Added new subsection by Clause 2 to By-law 2999, May 27th, 1996.
ESTABLISHMENT OF OPEN SPACE ZONE 2
SECTION 5
5.1.
This by-law shall apply to all lands within the municipality and all such lands shall be deemed
to be included in the Open Space Zone 2 (OS2) unless shown upon the Zoning Map and Zoning Map
Schedules as being included in a zone other than Open Space Zone 2 (OS2).
5.2.
All lands other than Open Space Zone 2 (OS2) shall be deemed to be included within the zone
indicated by the corresponding Zone Symbol on the Zoning Map and Zoning Map Schedules.
INTERPRETATION OF ZONE BOUNDARIES
SECTION 6
6.1.1. In determining the boundaries of Zones as shown on the Zoning Map and Schedules thereto, the
following rules shall apply:
6.1.2. Zone boundaries shown as approximately following lot or street boundary lines shall be construed to
follow the lot or street boundary line.
6.1.3. Zone boundaries shown as approximately following the centre line of streets, lanes or any other right-
of-way shall be construed to follow the centre line of the street, lane, or other right-of-way.
6.1.4. Where a street, lane, other right-of-way or water course serves as a boundary between two or more
different zones, the centre line of the street, lane, other right-of-way or water course, extending in
the general direction of the long dimensions therof, shall be considered the boundary between the
zones.
6.1.5. Where a zone boundary follows an irregular unsurveyed line, it shall be interpreted as following a
contour line, and the elevation shown on the Zoning Map shall be the elevation of the contour line
referred to the geodetic datum. Where different elevations are shown from place to place along such
an irregular unsurveyed line these elevations shall be interpreted as the elevation referred to the
geodetic datum, at the intersection of such line and the nearest township lot line, and intermediate
points shall be found by interpolating or proportioning along the said irregular line between the
nearest defined elevations in either direction. Where two contours in the same area have the same
elevation, the contour intended to be defined shall be determined according to the scale shown on the
Zoning Map.
6.1.6. Distances not specifically indicated in words or figures on the Zoning Map shall be determined
according to the scale shown thereon.
6.1.7. Where any land, building or other structure is used for public purposes or for the purposes of a public
utility so that by operation of law the provisions and regulations of this by-law do not apply either
wholly or in part to such land and at any time thereafter the land shall revert to such ownership or to
such use as to be capable in law of being governed by the provisions and regulations of a restricted
area (Zoning) by-law then the land, shall forthwith conclusively be deemed to be included in the zone
of the property contiguous to it and when the land shall lie between two different zones, the boundary
between such two different zones shall thereafter be deemed to be along the middle line of the land
provided the land is not zoned by this by-law otherwise.
GENERAL USE REGULATIONS
SECTION 7
7.1. BUILDING AREA
Wherever a zoning map or zoning map schedule shows the words "BUILDING AREA" this shall be the
only area on a lot for building, subject, however, to all other applicable regulations contained in this
by-law.
7.2. COMMERCIAL VEHICLES IN RESIDENTIAL ZONES
It shall be prohibited to use any lot or part of any lot in any residential zone for the purpose of
parking or storing any commercial vehicle except one such vehicle which does not exceed the one ton
rating provided such vehicle is parked or stored in an accessory building.
7.3. COMPUTING THE LOT AREA
For the purpose of computing the area of a lot, an adjacent lot, street or lane shall not be deemed to
form part of such lot, nor shall any right-of-way for which the first mentioned lot is the cominent
tenement.
7.4.
COMPUTING THE FLOOR AREA
When computing the total Floor Area permitted in this by-law as the maximum on a lot, the index
figure set out in this by-law as the maximum Floor Area Ratio for the respective zone must be
multiplied by the area of the lot measured in square feet.
7.5.
ENCHROACHMENT INTO YARDS
In residential zones:
7.5.1. Sills, belt courses, cornices, eaves or gutters, chimney breasts, bay windows, or pilasters may
project into a required yard but not more than two feet.
7.5.2. Balconies, canopies, or unenclosed porches may project into a required front or rear yard but
not more than five feet.
7.6. EXTERNAL DESIGN
Wherever the external design of a building or other structure is regulated by the inclusion in the by-
law of a zoning map schedule, the external design of the building or other structure shall be as shown
on the zoning map schedule.
7.7.
FENCES
Lawful fences shall be deemed not to be subject to the yard provisions of this by-law except as
otherwise provided for in this by-law.
7.8. FRONT LOT LINE ON CORNER LOTS
except where otherwise regulated, the shorter street lot line shall be deemed to be the front lot line
on a corner lot.
7.8
FENCING REQUIREMENTS
The provisions of subsection 7.8 shall apply to all lands, buildings and structures in the Open Space
Zone 3 (OS3) and the Residential Zone 1 (Rl) and in the event of any conflict between any provision
in any paragraph in this subsection 7.8 and any provisions in Section 8.4 or Section 9.2, the
provisions of this subsection shall prevail except in the case of special provisions set out in any special
use regulation in Subsection 8.4.2 or 9.2.2 of this by-law.
7.8.1 Subject to 7.8.2, no fence shall be erected or used in any yard if the height of any part of the
fence exceeds two metres.
7 .8.2 No fence shall be erected or used in a front yard if the height of any part of the fence exceeds
one metre.
7.8.3 Except as provided in clauses 7.8.6 and 7.8.8, within a corner lot, no fence in excess of 1
metre in height shall be erected or used within 2 metres of the intersection of the rear lot line
and the exterior lot line of such lot.
7.8.4 Within a corner lot, the lands within 2 metres of the intersection of the rear lot line and the
exterior lot line shall not be used except for the growing of grass.
7 .8.5 Within a corner lot, no building or structure except a fence which complies with this By-law
shall be erected or used within 2 metres of the intersection of the rear lot line and the exterior
lot line of such lot.
7.8.6 The provisions of clause 7.8.3 shall not apply where the rear yards of two corner lots abut and
a garage or residential driveway is located within each of such lots and there is access for an
automobile from the street to such garage or residential driveway through the front yard of
the lot on which the garage or driveway is situate.
7.8.7 Where a fence is erected which is permitted by clause 7.8.6, no part of the exterior yard of the
corner lot or the exterior side yard of such lot shall be used as a parking space or residential
driveway if the parking space or driveway connects to a street through the exterior lot line of
such lot.
7.8.8 The provisions of clause 7.8.3 shall not apply where the closest part of any residential
driveway or parking space on a lot that abuts a corner lot is at least 3 metres from any part of
the corner lot.
7 .8.9 Where the provisions of clause 7.8.8 apply, no residential driveway or parking space or part
thereof shall be located on the lot abutting the corner lot within 3 metres of any part of the
corner lot.
7.8.10 Within a corner lot, no fence in excess of 1 metre in height shall be erected or used within 2
metres of the intersection of
(i)
the exterior lot line of the lot, and
(ii)
the closest limit of any residential driveway or parking space within such lot which
connects to a street through the exterior lot line of such lot.
7 .8.11 Within a corner lot, no residential driveway or parking space shall be if any fence which is
in excess of one metre in height is located within 2 metres of the intersection of
(i)
the exterior lot line of such lot, and
(ii)
the limit of such residential driveway or parking space within such lot which connects to
a street through the exterior lot line of such lot.
7.8.12 Where a residential driveway or parking space within a corner lot connects to a street through
the exterior lot line of such lot, the lands within 2 metres of the intersection of the exterior lot
line and the limits of such residential driveway or parking space shall not be used except for
the growing of grass.
7.8.13 Within a through lot, no fence shall be erected or used within 6 metres of the intersection of
either street lot line with either interior lot line of such lot if any part of the fence exceeds 1
metre in height.26
7.9.
FRONT YARDS IN RESIDENTIAL AREAS
In residential zones the front yard shall not be used for storage.
7.9.1 LAKE ERIE FLOOD UPRUSH AREA
Notwithstanding any other provisions of this By-law, the minimum elevation for doors, windows and
other openings in buildings and structures used for human occupancy, on the lands within the LAKE
ERIE FLOOD UPRUSH AREA as shown on Schedule 22, shall not be less than the flood uprush level of
176.8 metres, Geodetic Survey of Canada.27
7.10. MINIMUM REQUIREMENTS
Except where specifically stated as being maxima, the numerical figures in this by-law other than
those referring to the permitted number of residential units within the zone, or to an absolute figure
upon which the required minimum number of parking spaces is based (e.g. floor area, number of
seats, or area for sports) shall be the minimum requirements.
7.11. NO REAR YARD ON CORNER LOTS
residential zones, a rear yard not be required on corner lots, but the lesser side yard requirements
shall apply instead.
7.12. PARKING AREA
Wherever a zoning map schedule shows the words "PARKING AREA" this shall indicate the area which
shall be available and maintained at all times for the parking of or vehicles.
7.13. PLANTING AREA
Wherever a zoning map schedule shows the words "PLANTING AREA" this shall indicate the area
which shall be used for planting and no building or other structure shall be erected or used on such
area and no vehicle shall be parked or stored thereon and no paving shall be laid thereon other than
that required for the movements of pedestrian traffic but such paving intended to accommodate
pedestrian traffic shall not exceed a width of four feet.
7.14. PRIVATE GARAGES
Notwithstanding other provisions of this by-law as to accessory buildings, in residential zones on
adjoining lots private car garages may be erected across the side lot line common to both lots but the
garage for both lots shall be designed and erected as one building.
26 Updated and Added new subsections by Clause 5 to By-law 215, June 26th, 2000.
27 Added new subsections by Clause 6 to By-law 2999, May 27th, 1996.
7.15. PROHIBITED USES
7.15.1. It shall be prohibited to use any land or to erect and use any building or other structure in any
zone for the purpose of wrecking yards, automobile salvage yards, dumps, the collection of
rags, junk, any refuse, scrap iron, or other scrap metals unless such uses are listed as
permitted uses within a particular zone.
7.15.2. It shall be prohibited to use any land, building or other structure in any zone for the purposes
of poultry farms, mushroom farms, fur farms, piggeries, dog kennels, hatcheries, and
greenhouses, except those existing on the day of the passing of this by-law or unless such
uses are listed as permitted uses in a particular zone.
7.15.3.It shall be prohibited to use any land in any zone for the purpose of a pit including any building
or other structure, machinery or equipment, roastyard, smelting furnace, asphalt plant, mill,
work or place used for or in connection with the extraction of natural resources from the
ground or in connection with crushing, reducing, smelting, refining, storing or treating any of
the substances listed in subsection 2.39 of this by-law and all works, ways, plant, buildings,
structures and premises either below or above the ground and belonging to or used in
connection with the activities listed in subsection 2.39 of this by-law.
7.15.4 Adult Entertainment Parlour
An adult entertainment parlour is prohibited as an accessory use in any zone.28
7.16. PUMP ISLAND AREA
Whenever a zoning map schedule indicates an area as "PUMP ISLAND AREA" this shall be the only
area for a pump island on a lot and no other area on such lot shall be used for such purposes.
7.17. REQUIRED YARDS
Notwithstanding other provisions of this by-law, the regulations of this by-law applicable to front, side
and rear yards shall apply exclusively to that portion of a lot required by this by-law to be provided as
a yard. The regulations shall not apply to any land additionally provided as a yard above the required
minimum except that in all residential zones the regulations contained in section 7.9. of this by-law
shall apply to the required front yard and any additional area added to the front yard beyond the
required minimum.
7.17 PUBLIC SERVICE USES
7.17.1 Subject to the provisions of clauses 7.17.3 and 7.17.4, a public authority may use any land,
building, or structure for any public service use carried on by it in any zone.
7.17.2 Subject to the provisions of clauses 7.17.3 and 7.17.4, a public authority may erect any
building or structure for any public service use carried on by it in any zone.
7.17.3 In the zones listed below, no public authority shall use any land, Building or structure for any
use listed below as being prohibited in such zone and no public authority shall erect any
building or structure in such zone for uses listed as being prohibited.
Industrial Zone 1 C1- Prohibited Uses:
Hospital
School, except an adult vocational school
Residential Zones 1 & 2- R1 & R2 - Prohibited Uses:
Railway, except an existing railway
Business Office
Repair, maintenance and storage of vehicles, equipment and supplies
7.17.4 Where any business office or building for the repair, maintenance or storage of vehicles,
equipment or supplies is erected by a public authority for a public service use, it shall be
erected in accordance with the requirements of the zone in which it is erected as to services
required, lot area, lot frontage, front yard, rear yard and height.29
7.18. SEVERABILITY OF CLAUSES
If any section or sections or clause or clauses of this by-law, or any part or parts thereof, may be
found by any Court of Law to be held to be bad, or illegal, or beyond the power of Council to enact,
such section or sections or clause or clauses or part or parts thereof shall be deemed to be separate
therefrom, and to be enacted as such.
7.19. SIGN AREA
Wherever a zoning map schedule show the words "SIGN AREA" this shall indicate the only area on the
lot which may be used for the erection of a sign or signs separated from a building or other structure.
28 Added new subsection by Clause 2 to By-law 310, April 17th, 2001.
29 Added new subsection by Clause 2 to By-law 1459, April 23rd, 2012.
7.20. SPACING OF BUILDINGS
7. 20.1. Buildings or other structures erected or used for the purposes of or in connection with the
extracting or natural resources, or buildings or other structures erected or used for the
raising or keeping of livestock (e.g. stables, dog kennels, chicen houses, piggeries, etc.),
buildings for growing mushrooms, or similar buildings or structures shall not be erected
closer to the nearest boundary of any residential zone than 500 feet.
7.20.2. Buildings or other structures to be erected or used for industrial uses and processes in which
natural resources are used as a raw material (e.g. lumber, earth, clay, sand, gravel, stone,
rock, oil, gas, or any other similar materials), shall be erected not closer than 1,000 feet
from the boundary line of any residential zone.
7.21. SPACING OF SANITARY BUILDINGS AND STRUCTURES
7.21.1. Notwithstanding other provisions of this by-law, the space or distance between septic tanks,
cess-pools, tile fields, seepage beds, or privy vaults and buildings used for residential use
shall not be less than 20 feet, except the building served.
7.21.2. The space or distance between septic tanks, cess-pools, tile fields, seepage beds, or privy
vaults and any lot boundary line shall not be less than 10 feet.
7.21.3. Septic tanks, cess-pools, privy vaults, or other structures, works or places for the deposit or
storage of human or animal excrement shall not be located closer than 150 feet of the high-
water mark of any water reservior, creek, stream, brook, pond, lake, or water course, or any
drain leading to them or onto the surface of the ground or of any well or spring.
7.22. TEMPORARY USES
In all use zones the following temporary uses, buildings or structures shall be permitted on a lot but
only so long as the same are necessary for any construction work in progress on the lot and which
has neither been finished nor abandoned:
construction camps, work camps, tool sheds, scaffolds, or any other building or structure
incidental to and necessary for the construction work carried on the lot but this does not
include a mobile home or trailer for living or sleeping purposes.
7.23. LAND WITHOUT BUILDINGS
Where land is used for or in connection with residential, business or industrial or institutional uses but
without any buildings or structures thereon, all yards required by this by-law on a lot in the
respective use zone shall be provided and maintained as yards and the applicable regulations shall
apply, except where the land or lot is used for gardening or open space purposes not prohibited by
this by-law in such use zone.
7.24. USES PROHIBITED
Uses not listed as permitted in a use zone in this by-law shall be prohibited in such use zone.
7.25 VISIBILITY AT INTERSECTIONS
7. 25.1. In residential, business, industrial, and institutional use zones on a corner lot a building or
any other structure shall not be erected in such a manner as to materially impede vision
between a height of two feet and ten feet above the centreline grade of the intersecting
streets in the triangular area bounded by the street lot lines of the corner lot and a line
joining points along said street lot lines thirty feet from the point of the intersection of said
street lot lines.
7.25.2. In all open space zones on a corner lot a building or other structure shall not be erected in
such a manner as to materially impede vision between a height of two feet and ten feet
above the centerline grade of the intersecting streets in the triangular area bounded by the
street lot lines of the corner lot and a line joining points along the street lot lines 50 feet
from the point of the intersection of the said street lot lines.
7.26 MOBILE HOMES PROHIBITED IN ALL ZONES
It shall be prohibited to locate and use a mobile home in any use zone for the purpose of residential,
business, industrial or institutional uses, temporarily or permanently, unless the use of a mobile home
for such purposes is listed specifically in this by-law as a permitted use within a particular use zone.
7.27. UNFINISHED BUILDINGS
It shall be prohibited to use for human habitation any partly finished or unfinished building intended
to be used for purposes of human habitation and this includes any type of dwelling, hotel, motel,
boarding house, rooming house, and any commercial eating establishment and regardless of whether
such building is owned or used privately or intended for commercial or institutional use.
7.28. UTILITIES AND SERVICES
Underground structures required and installed by the municipal corporation, the Hydro Electric Power
Commission of Ontario, a public utilities commission or any company:
Public Utility for the supply and transmission of water, gas, electricity, heat, television or telephone
service or for the removal and transmission of storm and sanitary waste, a. 3 permitted in any use
zone. Structures incidental to the aforesaid underground structures may be erected above the surface
of the ground provided they occupy an area of less than 25 square feet, are less than 6 feet high and
their outside dimensions contain a volume of less than 125 cubic feet, provided that they are properly
screened by the planting of bushes and trees. Transmission and distribution equipment for
communication signals and electricity within new residential subdivisions shall be placed underground,
except where, in the opinion of the utility responsible, it is not feasible to do so. Other aerial
transmission and distribution installations exclusive of new subdivisions are permitted, including
switches, transformers and other equipment normally placed on poles, but this does not permit the
erection of steel towers for the transmission of high voltage electricity.
7.29
ADDITIONAL RESIDENTIAL UNITS
The provisions of this section shall apply to all additional residential units, unless specified by type
directly herein.
7.29.1 Additional residential units shall be permitted within any zone in association with the
following uses:
(a) Single detached dwelling
(b) Semi-detached dwelling
(c) Townhouse dwelling
Single detached dwellings, semi-detached dwellings or townhouse dwellings containing an
additional residential unit on the date of the passing of this by-law, may continue to be used
for that purpose if a building permit has been issued under sections 8 or 10 of the Building
Code Act, 1992, S.O. 1992, c.23 permitting the erection, alteration, occupancy or use for
the additional residential unit, and if the additional residential unit complies with the
regulations of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4.
7.29.2 No building or structure shall be erected or used for any purpose permitted by subsection
7.29 unless a municipal water supply system and a municipal sanitary supply system are
available to service the use.
7.29.3 A maximum of two (2) additional residential units shall be permitted per lot; including a
maximum of one (1) additional residential unit in the main dwelling and a maximum of one
(1) additional residential unit in an accessory or ancillary structure.
7.29.4 (a) An additional residential unit shall not be permitted on a separate lot from the primary
dwelling unit that it is accessory to.
(b) An additional residential unit or part thereof shall not be permitted in a basement where
the finished floor level of such basement is below the level of any sanitary sewer
servicing the building or structure in which the basement is located.
(c) An additional residential unit shall not be permitted within or upon hazardous lands that
are subject to flooding, erosion and/or dynamic beach hazards as regulated by the
associated Conservation Authority having jurisdiction for that area;
(d) Despite policy 7.29.4 c) an additional residential unit may be permitted within the flood
fringe portion of the flooding hazard where a two-zone concept for floodplains is applied
and subject to appropriate floodproofing standards.
7.29.5 (a) An additional residential unit may be permitted in an accessory structure on the same
lot as the primary dwelling.
(b) An additional residential unit in an accessory structure shall be required to meet the
regulations of the zone which apply to accessory structures, with exception to the
following:
1)
Minimum Rear Yard Setback - 1.2 metres
2)
Minimum Side Yard Setback - 1.2. metres
3)
Maximum Height - 4 metres
(c) An additional residential unit within an accessory structure may only be permitted in the
rear yard or interior side yard.
7.29.6 The floor area of additional residential unit(s) shall not be greater than 40% of the
combined total floor area of the primary dwelling unit and the additional residential units.
For the purposes of calculating gross floor area requirements for additional residential units
the following shall not be included:
(a) additions to dwelling units completed after the date of passage of this by-law; and,
(b) the floor area of accessory structures, where an accessory structure does not include
an additional residential unit.
7.29.7 Exterior alterations to provide for entrances to the additional residential unit within interior
or rear yards of the primary dwelling unit may be permitted.
7.29.8 The minimum of 1 parking space is required for each additional residential unit.
Notwithstanding the provisions of subsection 2.38, a parking space for an additional
residential unit may be located in tandem with parking spaces provided for the main
residential unit.
7.29.9 Additional Residential Units shall be required to conform to all Ontario Building Code and
Ontario Fire Code regulations.30
30 Added new subsection by Clause 1 to By-law 2622, August 16th, 2021.
OPEN SPACE ZONES
OPEN SPACE ZONES
OPEN SPACE (OS) ZONE REGULATIONS
SECTION 8
8.1.
EXISTING USES IN OPEN SPACE ZONES
8.1.1. The height, floor area and location of any building and other structures, the floor area ratio,
the size, frontage and depth of the lot on which the buildings and other structures are
located, the front, side and rear yards on such lots, the maximum coverage and the number
and location of off-street parking spaces, shall remain as they lawfully exist on the day of the
passing of this by-law
8.1.2. Sub-section 8.1.1 shall not prohibit the erection of accessory buildings or the enlargement or
extension of buildings and other structures which are permitted under the provisions of
subsections 8.3. and 8.4. provided the erection, enlargement or extension is in conformity
with the applicable provisions of this by-law other then subsection 8.1.1.
8.1.3. Where the frontage and area of a lot on which buildings and other structures are located is
less then that required in sub-section 8.3. and 8.4., the lot frontage and lot area which
lawfully exists on the day of the passing of this by-law shall be the minimum lot frontage and
the minimum lot area of such lot for the purposes of this by-law.
8.2
OPEN SPACE ZONE 1 (OS1) REGULATIONS
DELETED (REPEALED BY BY LAW 1576)
8.3. OPEN SPACE ZONE 2 (OS2) REGULATIONS
8.3.1. GENERAL USE REGULATIONS
8.3.1.1.
Permitted Uses:
(a)
Farm uses;
(b)
One-family rural-residential uses lawfully
used for such purposes on the day of the
passing of this by-law;
(c)
Home occupations;
(d)
Accessory uses.
8.3.1.2.
Prohibited Uses:
Notwithstanding sub-section 2.21. and 8.3.1.1. of
this by-law, poultry farms, mushroom farms, fur
farms, piggeries, hatcheries, greenhouses and dog
kennels shall be prohibited.
8.3.1.3.
Permitted Buildings and
Structures:
(a)
Farm buildings and structures;
(b)
One-family rural-residential dwelling lawfully
used on the day of the passing of this by-
law;
(c)
Accessory building in connection with the
permitted dwelling.
8.3.1.4.
Lot Area:
(a)
25 acres for farm use;
(b)
15,000 square feet for rural-residential uses
lawfully used on the day of the passing of
this by-law.
8.3.1.5.
Coverage:
20% maximum.
8.3.1.6.
Lot Frontage:
(a)
400 feet for farm uses;
(b)
100 feet for permitted rural-residential uses.
8.3.1.7.
Ground Floor Area:
(a)
875 square feet for a one-storey dwelling;
(b)
950 square feet for a split-level dwelling;
(c)
750 square feet for dwelling having more
than one storey.
8.3.1.8.
Location of Buildings
and Structures:
8.3.1.8.1.
Front Yard:
40 feet;
8.3.1.8.2.
Side Yards:
4 feet plus 2 feet for each storey or part thereof
above one storey on one side and 10 feet on the
other side, except that an accessory building may
be erected not less than 4 feet from a side lot line,
or if the accessory building is detached and erected
entirely to the rear of the main building not less
than 2 feet from a side lot line nor less than 8 feet
from an existing dwelling on an adjacent lot, but
the side yard for both the main and accessory
building shall not be less than 12 feet along a
flanking street.
8.3.1.8.3.
Rear Yard:
Equal to the height of the main building, except that
a detached accessory building shall not be erected
within 2 feet from the rear lot line.
8.3.1.9.
Off-Street
Parking:
(a)
In the case of permitted rural-residential
uses; 1
ଵ
ଶ parking spaces per dwelling unit on
the lot on which the dwelling is located plus
one additional parking space for every 100
square feet of floor area devoted to or used
for the purposes of a home occupation;
(b)
In the case of farm use: 4 parking spaces
per farm.
8.3.2 SPECIAL USE REGULATIONS
Notwithstanding any other provisions of this by-law, the special regulations contained in this
subsection and the general regulations contained in subsection 8.3.1. shall, except as hereinafter
provided, apply to the area or areas defined below:
8.3.2.1
8.3.2.1.1
Defined Area:
OS2-1 as shown on the Zoning Map, Part 2(e).
8.3.2.1.2
Prohibited Uses:
The uses permitted by subsection 8.3.1.1.
8.3.2.1.3
Prohibited
Buildings and
Structures:
Buildings and structures permitted by subsection
8.3.1.3.
8.3.2.1.4
Permitted Uses:
(a)
drainage purposes
(b)
conservation purposes
8.3.2.1.5
Permitted Buildings
and Structures:
Buildings and structures erected by a municipal
corporation or conservation authority for uses
permitted by subsection 8.3.2.1.4.31
8.3.2.2
8.3.2.2.1
Defined Area:
OS2-2 as shown on the Zoning Map, Part 2(f)
8.3.2.2.2
Other Permitted
A temporary Road.32
Uses:
8.3.2.3
8.3.2.3.1
Defined Areas:
OS2-3 as shown on Zoning Map, Part S(d)
8.3.2.3.2
Permitted Uses:
(a)
drainage purposes.
(b)
conservation purposes.
8.3.2.3.3
Permitted Buildings
and Structures:
Buildings and Structures erected by a Municipal
Corporation or Conservation Authority for the uses
permitted by subsection 8.3.2.3.2.
8.3.2.3.4
Exceptions:
The provisions of subsection 8.3.1 shall not apply to
the area defined in subsection 8.3.2.3.1.33
8.3.2.4
8.3.2.4.1
Defined Area:
OS2-4 as shown hatched on the Zoning Map, Part
2(w)
8.3.2.4. 2
Permitted Uses:
a)
drainage purposes;
b)
conservation purposes
8.3.2.4.3
Permitted Buildings
and structures:
Buildings and structures for the uses permitted by
subsection 8.3.2.4.2 .
8.3.2.4.4
Exceptions:
The provisions of subsection 8.3.1 shall not apply to
the area defined in subsection 8 . 3. 2. 4.1.34
8.3.2.5
8.3.2.5.1
Defined Area:
OS2-5, as shown on Zoning Map, Part 7.
8.3.2.5.2
Only Permitted Uses:
(a)
Drainage Purposes.
(b)
Conservation Purposes.
31 Added new subsection by Clause 1 to By-law 1760, October 18th, 1976.
32 Added new subsection by Clause 5 to By-law 1811, October 3rd, 1977.
33 Added new subsection by Clause 6 to By-law 1944, April 28th, 1980.
34 Added new subsection by Clause 6 to By-law 2361, March 14th, 1988.
8.3.2.5.3
Only Permitted
Buildings and Structures:
Buildings and structures approved by the Municipal
Corporation and a public Conservation
Authority for uses permitted by subsection
8.3.2.5.2.
8.3.2.5.4
Exceptions:
The provisions of subsections 8.3.1 (General Use
Regulations) shall not apply to the area defined in
subsection 8.3.2.5.135
8.3.2.6
8.3.2.6.1
Defined Area:
OS2-6, as shown on Zoning Map, Part 5(p) and
Zoning Map, Part 4(u).
8.3.2.6.2
Permitted Uses:
Uses lawfully existing as of the date of passing of
this by-law.
8.3.2.6.3
Permitted Buildings and
Structures:
Buildings and structures for the uses permitted by
8.3.2.6.2.
8.3.2.6.4
Special Setback
Requirement:
No building or structure, other than a fence, shall
be erected between the line designated "Top of
Bank" and the "Geotechnical Setback Line" as
shown on Schedule 27 to this by-law.
8.3.2.6.5
Exceptions:
The provisions of subsections 8.3.1 (General
Regulations) shall not apply to the area defined in
subsection 8.3.2.6.1.36
8.3.2.7
8.3.2.7.1
Defined Area:
OS2-7, as shown on Zoning Map, Parts 4(x) and
5(w).
8.3.2.7.2
Only Permitted Uses:
a) Drainage purposes;
b) Conservation purposes
8.3.2.7.3
Only Permitted Buildings
Buildings and structures approved by
And Structures:
by the Municipal Corporation and a public
Conservation Authority for uses permitted by
subsection 8.3.2.7.1.
8.3.2.7.4
Exceptions:
The provisions of subsection 8.3.1 shall not apply to
the area defined in subsection 8.3.2.7.1.37
8.3.2.8
8.3.2.8.1
Defined Area:
OS2-8, as shown on Zoning Map, Part 2(bi).
8.3.2.8.2
Only Permitted Uses:
a)
Drainage purposes;
b)
Conservation purposes
8.3.2.8.3
Only Permitted Buildings
Buildings and structures approved by the Municipal
and Structures:
Corporation and a public Conservation Authority for
uses permitted by subsection 8.3.2.8.2.
8.3.2.8.4
Exceptions:
The provisions of subsection 8.3.1 shall not apply to
the area defined in subsection 8.3.2.8.1.38
35 Added new subsection by Clause 7 to By-law 200, April 10th, 2000.
36 Added new subsection by Clause 8 to By-law 569, July 21th, 2003.
37 Added new subsection by Clause 9 to By-law 2392, July 22nd, 2019.
38 Added new subsection by Clause 7 to By-law 2942, December 16th, 2024.
8.4. OPEN SPACE ZONE 3 (OS3) REGULATIONS
8.4.1. GENERAL REGULATIONS
8.4.1.1.
Permitted Uses:
(a)
Farm use;
(b)
Private, public and commercial recreational
uses and, without limiting the generality of
the foregoing, may include a clubhouse,
restaurant, marina or similar uses;
(c)
summer cottages;
(d)
residential uses which lawfully exist on the
day of the passing of this by-law;
(e)
Home occupations and accessory uses.
Buildings and structures for the permitted
uses.
8.4.1.2.
Permitted Buildings
and Structures:
Buildings and structures for the permitted uses.
8.4.1.3.
Lot Area:
(a)
One (1) acre for the uses set out in
subsection 8.4.1.1 ( a) and (b);
(b)
for those uses set out in subsection 8.4.1.1.
(c) and (d)
(i)
15,000 square feet where public
sanitary sewage disposal facilities and
piped public water supply are not
available;
(ii)
7,500 square feet where public
sanitary sewage facilities are Not
available but piped public water
supply is available;
(iii)
4,000 square feet where public
sanitary sewage disposal facilities and
piped water supply are available.
8.4.1.4.
Lot Frontage:
8.4.1.4.1. Where Clause
8.4.1.3.(a) applies:
200 feet
8.4.1.4.2. Where Clause
8.4.1.3.(b)(i) applies:
100 feet
8.4.1.4.3. Where Clause
8.4.1.3.(b)(ii) applies:
75 feet
8.4.1.4.4. Where Clause
8.4.1.3.(b)(iii) applies:
40 feet
8.4.1.4.
Lot Depth:
100 feet.
8.4.1.5
Lot Coverage:
(a)
25% maximum for the main buildings;
(b)
8% maximum for the accessory buildings.
8.4.1.6.
Location of Buildings and
other Structures:
8.4.1.6.1.
Front Yard: 25 feet;
8.4.1.6.2.
Side Yards: 10 feet;
8.4.1.6.3.
Rear Yard:
equal to the height of the main building, except
that a detached accessory building shall not be
erected within 2 feet of the rear lot line and a side
lot line.
8.4.1.7.
Height:
(a)
2 storey maximum for the main building;
8.4.1.7
(OS3) Height
(b)
18 feet maximum for accessory buildings
and structures.39
8.4.1.8.
Floor Area
Ratio:
0.40 maximum.
8.4.1.9.
Off-Street
Parking:
(a)
1 parking space per summer cottage;
(b)
1
ଵ
ଶ parking spaces per dwelling unit;
(c)
In the case of a clubhouse, restaurant,
arena, or other recreational facility with
seating provisions, 10 spaces plus one for
every 100 square feet of floor area or
playing area, whichever is the greater.
8.4.2. SPECIAL USE REGULATIONS
Notwithstanding other applicable provisions of this by-law, and in addition to the General Use
Regulations contained in this subsection shall apply to the area or areas defined:
8.4.2.1.
8.4.2.1.1.
Defined Area:
OS3-1 shown on the Zoning Map, Parts 3 and 5.
8.4.2.1.2.
Other Permitted
Uses:
The area defined may be used for the purpose of a
mobile home park.
(OS3-2 property rezoned to R1-19 and OS2-4 through By-law 2361, March 14th, 1988.)
(OS3-3 zone repealed through By-law 1769, November 22nd, 1976.)
(OS3-4 zone repealed through By-law 1769, November 22nd, 1976.)
8.4.2.5
8.4.2.5.1
Defined Area:
OS3-5 as shown on the Zoning Map, Part 2(e).
8.4.2.5.2
Prohibited Uses:
The uses and permitted by subsection 8.4.1.1.
8.4.2.5.3
Prohibited Buildings
and Structures:
Buildings and structures permitted by subsection
8.4.1.2.
8.4.2.5.4
Exceptions:
(a)
drainage purposes
(b)
conservation purposes
8.4.2.5.5
Permitted Buildings
and Structures:
Buildings and structures erected by a municipal
corporation or conservation authority for uses
permitted by subsection 8.4.2.5.4.40
8.4.2.6
8.4.2.6.1
Defined Areas:
OS3-6 as shown on the Zoning Map Parts 2(f) and
3(f).
8.4.2.6.2
Prohibited Uses:
Subject to 8.4.2.6.3 the uses permitted by
subsection 8.4.1.1 (b) to (e) inclusive.
8.4.2.6.3
Other Permitted Uses:
Conservation, drainage, flood control and
recreational uses excluding any recreational use
requiring or involving the use of a vehicle or device
propelled or driven other-wise than by muscular
power.
8.4.2.6.4
Permitted Buildings
and Structures:
No Building and structure shall be permitted except
buildings and structures erected by a municipal or
39 Updated subsection by Clause 1 to By-law 215, June 26th, 2000.
40 Added new subsection by Clause 3 to By-law 1760, October 18th, 1976.
conservation authority for conservation, drainage
and flood control purposes.41
8.4.2.7.
8.4.2.7.1
Defined Area:
OS3-7 as shown on the Zoning Map, Parts 3(g) and
5(c)
8.4.2.7.2
Prohibited Uses:
All uses permitted by subsection 8.4.1.1 are
prohibited.
8.4.2.7.3
Permitted Uses:
Conservation, drainage and recreational uses
excluding any recreational uses requiring or
involving the use of a vehicle or device propelled or
driven otherwise than by muscular power.
8.4.2.7.4
Permitted Buildings
and Structures:
No Building or structure shall be permitted within
the defined area except buildings and structures
erected by a municipal or conservation authority for
conservation or drainage purposes.42
8.4.2.8
8.4.2.8.1
Defined Area:
OS3-8 as shown on the Zoning Map, Part 2 (h).
8.4.2.8.2
Permitted Uses:
(a)
drainage purposes
(b)
conservation purposes
8.4.2.8.3
Location of Buildings
And other Structures:
Buildings and structures erected by a Municipal
Corporation or Conservation Authority for the uses
permitted by subsection 8.4.2.8.2.
8.4.2.8.4
Exceptions:
The provisions of subsection 8.4.1 shall not apply to
the area defined in subsection 8.4.2.8.1.43
8.4.2.9
8.4.2.9.1
Defined Area:
OS3-9 as shown on the Zoning Map, Part 2(1).
8. 4.2.9.2
Permitted Uses:
(a)
drainage purposes.
(b)
conservation purposes
8.4.2.9.3
Permitted Buildings
and Structures:
Building and structures erected by a Municipal
Corporation or Conservation Authority for the
uses permitted by subsection 8.4.2.9.2.
8.4.2.9.4
Exceptions:
The provisions of subsection 8. 4.1 shall not apply
to the area defined in subsection 8.4.2.9.1.44
(OS3-10 zone (By-law 2049) never approved by the OMB.)
8.4.2.11
8.4.2.11.1
Defined Area:
OS3-11 as shown hatched on the Zoning Map, Part
2(z)
8.4.2.11.2
Permitted Uses:
Conservation and drainage purposes
8.4.2.11.3
Permitted Buildings
and structures:
Buildings and structures erected by the Municipal
Corporation or Conservation Authority for uses
permitted by subsection 8.4.2.22.2
8.4.2.11.4
Exceptions:
The provisions of subsection 8.4.2 shall not apply to
the area defined in subsection 8.4.2.11.1.45
41 Added new subsection by Clause 5 to By-law 1811, October 3rd, 1977.
42 Added new subsection by Clause 5 to By-law 1831, April 24th, 1978.
43 Added new subsection by Clause 5 to By-law 1886, June 4th, 1979.
44 Added new subsection by Clause 5 to By-law 1884, June 25th, 1979.
45 Added new subsection by Clause 6 to By-law 2795, September 30th, 1993.
8.4.2.12
8.4.2.12.1
Defined Area:
OS3-12 as shown crosshatched on the Zoning Map,
Part 2(z)
8.4.2.12.2
Permitted Use:
A Public Park
8.4.2.12.3
Permitted Buildings
and structures:
Buildings and structures for the permitted use.
8.4.2.12.4
Exceptions:
The provisions of subsection 8.4.2 shall not apply to
the area defined in subsection 8.4.2.12.1.46
(OS3-13 property rezoned to B1 & B1-2 through By-law 3010, August 12th, 1996.)
8.4.2.14
8.4.2.14.1
Defined Area:
OS3-14, as shown hatched on the Zoning Map, Part
2(aa).
8.4.2.14.2
Permitted Uses:
Conservation and drainage purposes.
8.4.2.14.3
Permitted Buildings
and Structures:
Buildings and structures erected by the Municipal
Corporation or Conservation Authority for uses
permitted by subsection 8.4.2.14.2.
8.4.2.14.4
Exceptions:
The provisions of subsection 8 .4.1 shall not apply
to the area defined in subsection 8.4.2.14.1.47
8.4.2.15
8.4.2.15.1
Defined Area:
OS3-15, as shown on Zoning Map, Part 3 (ah) and
Part 5(p).
8.4.2.15.2
Permitted Uses:
(a) Golf course;
(b) Golf driving range;
(c) Accessory uses.
8.4.2.15.3
Permitted Buildings
Buildings and structures for the uses
and Structures:
permitted by subsection 8.3.2.5.2."
8.4.2.15.4
Services Required:
In this zone, no building or structure shall be
erected or used for any purpose permitted by
subsection 8.4.2.15.2 unless the following services
are available to service the building or structure
and the land on which it is situate.
a)
a municipal water supply system; and
b)
a municipal sanitary sewage system and a
storm sewer system.
8.4.2.15.5
Holding Zone
Use of Zone Symbol:
Notwithstanding any other provisions of this By-law, where the symbol "h"
appears on Schedule "A" or on Map Part 3 (ah), or on Schedule "B" or on Map
Part 5(p) as a prefix to the OS3-15 zone, unless this by-law has been amended
to remove the relevant "h" symbol, those lands shall not be developed or used
except for the permitted by paragraph c). The removal of the "h" symbol from
the Zoning Map Parts is subject to the following requirements:
Holding Zone Provisions:
a)
Defined Area: OS3-15 as shown on Zoning Map Part 3(ah) and Zoning
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b)
To ensure the orderly development of lands and the adequate provision
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of municipal services, the "h" symbol shall not be removed until the
following requirements have been satisfied:
i)
a routing plan has been prepared to the satisfaction of the
DƵŶŝĐŝƉĂůŝƚLJ͘
ii)
the proponent has prepared, submitted and received approval of
an Environmental Impact Statement (EIS) for the proposed use
by the appropriate authorities. The Terms of Reference for the
EIS are to be approved by the Municipality and any other
Provincial Ministry or outside agency that the Municipality
determines may have an interest in the proposal.
iii)
a site plan agreement has been entered into with the Municipality
pursuant to Section 41(7)(c) of the Planning Act, R.S.O. 1990, as
amended, with respect to municipal servicing, financial,
administrative and other matters related thereto including, but
not limited to geotechnical analysis, traffic report and other
studies.
c)
Interim Permitted Uses:
(a)
Uses existing as of the date of the passing of this By-law.
(b)
Golf driving range.
Interim Permitted
Buildings and structures for the uses
Buildings and Structures:
permitted by subsection 8.4.2.15.5(c)."
Maximum Building Area:
60m2
Services Required:
Buildings or structures erected or used for
any purpose permitted by this subsection
may be serviced by a private sewage
disposal system in accordance with Section
8 of the Ontario Building Code as approved
by the Municipality or its designate.
The removal of the "h" symbol requires an amendment to this By-law pursuant
to Section 36 of the Planning Act, R.S.O. 1990, as amended.48 49
(Note: The following zone designation was duplicated in error and will be corrected in a future
consolidation of the By-law.)
8.4.2.15
8.4.2.15.1
Defined Area:
OS3-15, as shown on Zoning Map, Part 2(af).
8.4.2.15.2
Permitted Uses:
Uses existing at the time of passing of this by-law.
8.4.2.15.3
Permitted Buildings and
Structures:
Buildings and structures existing at the time of
passing of this by-law.
8.4.2.15.4
Exceptions:
The provisions of subsection 8.4.1 shall not apply to
the area defined in subsection 8.4.2.15.1.50
8.4.2.16
8.4.2.16.1
Defined Area:
OS3-16, as shown on Zoning Map, Part 1(bg).
8.3.2.16.2
Additional
Permitted Use:
Duplex dwelling.
8.3.2.16.3
Permitted Buildings
and Structures:
The use permitted by Subsection 8.3.2.16.2 may
only be permitted within the building existing on
the date of passing of this by-law.51
8.4.2.17
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8.4.2.15.1
Defined Area:
OS3-17, as shown on Zoning Map, Part 2(ah).
8.4.2.15.2
Only Permitted Uses:
Conservation and drainage purposes.
8.4.2.15.3
Permitted Buildings and
Structures:
(a)
A Permitted fence
(b)
Buildings and structures for the uses
permitted by Subsection 8.4.2.17.2.
8.4.2.15.4
Exceptions:
The provisions of subsection 8.4.1 shall not apply to
the area affected.52
(Note: The following zone designation was duplicated in error and will be corrected in a future
consolidation of the By-law.)
8.4.2.17
8.4.2.17.1
Defined Area:
OS3-17, as shown on Zoning Map, Part 2(am).
8.4.2.17.2
Permitted Uses:
a)
single detached dwelling.
b)
uses existing at the time of passing of this
by-law.
c)
accessory uses.
8.4.2.17.3
Permitted Buildings:
In this zone, no building or structure shall be
erected except for the uses permitted by subsection
8.4.2.1.2.
8.4.2.17.4
Services Required:
In this zone, no building or structure shall be
erected or used for any purpose permitted by
subsection 8.4.2.17.2 unless the following services
are available to service the building or structure and
the land on which it is situate.
a) a water supply system; and
b) a sanitary sewage system.
8.4.2.17.5
Minimum Lot Area:
8900 square metres.
8.4.2.17.6
Minimum Lot
Frontage:
12 metres.
8.4.2.17.7
Maximum Number
of Dwelling Units:
1 per lot.
8.4.2.17.8
Location of Buildings
And Structures:
Buildings and structures permitted by subsection
8.4.2.17 .3 shall only be erected within the area
designated as "Building Area" on Schedule 30.
8.4.2.17.9
Maximum Height:
a)
11 metres for the main building
b)
6 metres for detached accessory buildings
and structures.
8.4.2.17.1 0 Minimum Ground
Floor Area:
a)
1 storey dwelling-74 square metres.
b)
1-112 storey dwelling- 60 square metres.
c)
2-storey dwelling- 42 square metres.
8.4.2.17.11 Minimum Off-Street
Parking:
2 parking spaces per dwelling unit.
8.4.2.17.12 Exceptions:
The provisions of subsection 8.4.1 (General
Regulations) shall not apply to the area defined in
subsection 8.4.2.17.1.53
8.4.2.18
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8.4.2.18.1
Defined Area:
OS3-18, as shown on Zoning Map,
Part 2(an).
8.4.2.18.2
Only Permitted Use:
Drainage and erosion control purposes.
Conservation purposes.
8.4.2.18.3
Only Permitted Buildings
and Structures:
Only buildings and structures for the uses permitted
by subsection 8.4.2.18.2.
8.4.2.18.5
Exceptions:
The provisions of subsections 8.4.1 shall not apply
to the area defined in subsection 8.4.2.18.1.54
(Note: The following zone designation was duplicated in error and will be corrected in a future
consolidation of the By-law.)
8.4.2.18
8.4.2.18.1
Defined Area:
OS3-18, as shown on Zoning Map,
Part 2(ap).
8.4.2.18.2
Permitted Uses:
Conservation and drainage purposes.
8.4.2.18.3
Permitted Buildings
and Structures:
Buildings and structures approved by the Municipal
Corporation or the Conservation Authority for uses
permitted by 8.4.2.18.2.
8.4.2.18.4
Exceptions:
he provisions of subsection 8.4.1 shall not apply to
the area defined in subsection 8.4.2.18.1.55
8.4.2.19
8.4.2.19.1
Defined Area:
OS3-19, as shown on Zoning Map
Parts 2(at) and 3(ap).
8.4.2.19.2
Permitted Uses:
Conservation and drainage purposes.
8.4.2.19.3
Permitted Buildings and
Structures:
Buildings and structures approved by the Municipal
Corporation and the Conservation Authority for uses
permitted by 8.4.2.19.2.
8.4.2.18.4
Exceptions:
The provisions of subsection 8.4.1 shall not apply to
the area defined in subsection 8.4.2.19.1.56
8.4.2.19
8.4.2.19.1
Defined Area:
OS3-20, as shown on Map Part 8(a) and Map Part
3(au).
8.4.2.19.2
Permitted Uses:
Conservation and drainage purposes.
8.4.2.19.3
Permitted Buildings and
Buildings and structures erected by
Structures:
the Municipal Corporation or Conservation Authority
for uses permitted by subsection 8.4.2.12.2.
8.4.2.19.4
Exceptions:
The provisions of subsection 8.4.1 shall not apply to
the area defined in subsection 8.4.2.19.1.57
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8.5
OPEN SPACE ZONE 4 (OS4) REGULATIONS
8.5.1. GENERAL REGULATIONS
8.5.1.1.
Permitted
Uses:
(a)
Any outdoor recreational use;
(b)
Farm use.
8.5.1.2.
Prohibited
Uses:
(a)
Notwithstanding subsection 2.21. and
8.5.1.1. of this by-law, poultry farms,
mushroom farms, fur farms, piggeries,
hatcheries, commercial greenhouses and dog
kennels shall be prohibited.
(b)
Buildings and structures shall be prohibited.
RESIDENTIAL ZONES
RESIDENTIAL ZONES
RESIDENTIAL (R) ZONE REGULATIONS
SECTION 9
9.1. EXISTING USES IN RESIDENTIAL AREAS
9.1.1.
The height, floor area and location of any buildings and other structures, the floor area
ratio, the size, frontage and depth of the lot on which the buildings and other structures
are located, the front, side and rear yards on such lots, the maximum coverage and the
number and location of off-street parking spaces, shall remain as they lawfully exist on the
day of the passing of this by-law.
9.1.2.
Sub-section 9.1.1. shall not prohibit the erection of accessory buildings or the enlargement
or extension of buildings and other structures which are permitted under the provisions of
subsection 9.2. provided the erection, enlargement or extension is in conformity with the
applicable provisions of this by-law.
9.1.3.
Where the frontage and area of a lot on which buildings and other structures are located is
less than that required in sub-section 9.2., the lot frontage and the lot area which lawfully
exist on the day of the passing of this by-law shall be the minimum lot frontage and the
minimum lot area of such lot for the purpose of this by-law.
9.2
RESIDENTIAL ZONE 1 (R1) REGULATIONS
9.2.1. GENERAL REGULATIONS
9.2.1.1.
Permitted Uses:
(a)
Residential uses;
(b)
Institutional uses lawfully existing on the day
of passing of this By Law;
(c)
Home occupations;
(d)
Accessory uses.
9.2.1.2.
Permitted Buildings
and other Structures
(a)
One one-family dwelling or one unit of a
semidetached dwelling on one lot
(b)
Institutional buildings and structures lawfully
existing on the day of the passing of this By
Law.
(c)
Accessory buildings on residential lots.
9.2.1.3.
Lot Area:
9.2.1.3.1. Where public
sanitary sewage facilities
and piped public water
supply are not available:
15,000 sq. ft.
9.2.1.3.2. Where public
sanitary sewage facilities
are not available but piped
public water supply is
available:
7,500 sq.ft.
9.2.1.3.3. Where public
sanitary sewage facilities
and piped public water
supply is available:
4,000 sq.ft.
9.2.1.4.
Lot Frontage:
9.2.1.4.1. Where
Subsection 9.2.1.3.1.
applies:
100 feet
9.2.1.4.2. Where
Subsection 9.2.1.3.2.
applies:
75 feet
9.2.1.4.3. Where
Subsection 9.2.1.3.3.
applies:
40 feet
9.2.1.5.
Lot depth:
100 feet.
9.2.1.6.
Coverage:
(a)
25% maximum for the dwelling;
(b)
8% maximum for accessory buildings.
9.2.1 .7.
Location of Buildings
and other Structures:
9.2.1.7.1.
Front Yard: (a)
35 feet on lots fronting upon a King's
Highway or County Road.
(b)
25 feet in residential subdivisions.
9.2.1.7.2.
Side Yards: (a)
One-family dwellings;
4 feet plus 2 feet for each storey or part
thereof above one storey on one side, and
10 feet on the other side, except than an
accessory building may be erected not less
than 4 feet from a side lot line or, if the
accessory building is detached and erected
entirely to the rear of the main building, not
less than 2 feet from side lot line, nor less
than 8 feet from an existing dwelling on an
adjacent lot, but the side yard for both main
and accessory buildings shall be not less
than 12 feet along a flanking street;
(b)
Semi-detached dwellings;
10 feet on each side except that an
accessory building may be erected not less
than 4 feet from a side lot line or, if the
accessory building is detached and erected
entirely to the rear of the main building, not
less than 2 feet from a side lot line nor less
than 8 feet from an existing dwelling on an
adjacent lot, but the side yard for both main
and accessory buildings shall be not less
than 12 feet along a flanking street.
9.2.1.7.3.
Rear Yard:
Equal to the height of the main building, except that
a detached accessory building shall not be erected
within 2 feet of the rear lot line.
9.2.1.8.
Height:
(a)
2 storey maximum for the main building;
(b)
18 feet maximum for accessory buildings
and structures." 56
9.2.1.9.
Floor area Ratio:
0.40 maximum
9.2.1.10.
Ground Floor Area:
(a)
950 square feet for a one storey one-family
dwelling;
(b)
950 square feet for one dwelling unit of a
semidetached dwelling;
(c)
850 square feet for a split level one-family
dwelling;
(d)
750 square feet for a one family dwelling
having more than one storey.
9.2.1.11.
Off-Street Parking:
1
ଵ
ଶ parking spaces per dwelling unit on the lot on
which the dwelling is located, plus one additional
parking space for every 100 square feet or portion
thereof over the first 100 square feet of floor area
devoted to or used for the purpose of home
occupation.
9.2.2. SPECIAL USE REGULATIONS
Notwithstanding other applicable provisions of this by-law, and in addition to the General Use
Regulations contained in subsection 9.2.1. the special regulations contained in this subsection shall
apply to the area or areas defined:
9.2.2.1.
9.2.2.1.1.
Defined Area:
R1-1 as shown on the Zoning Map, Parts 3 and 5.
9.2.2.1.2.
Other Permitted
Uses:
The area defined may be used for the purposes of
the Bell Telephone Company of Canada.
(R1-2 property rezoned to R1-21 through Clause 3 to By-law 2428, February 27th, 1989.)
9.2.2.3
9.2.2.3.1
Defined Area:
R1-3 as shown on the Zoning Map, Part 2 (g).
9.2.2.3.2
Exceptions:
The provisions of subsection 9.2.1.7.1 and 9.2.1.7.3
shall not Apply to the defined area.
9.2.2.3.3
Location of Buildings
And other Structures:
Buildings and structures permitted By 9.2.1.2, shall
be located in accordance with Section 2 to this By-
law.57
56 Updated subsection by Clause 2 to By-law 215, June 26th, 2000.
57 Added new subsection by Clause 3 to By-law 1803, June 13th, 1977.
(R1-4 zone (By-law 1813) never final approved by the OMB.)
(By-law 1825 (R1-5 zone) never passed.)
9.2.2.6
9.2.2.6.1
Defined Area:
R1-6 as shown on Schedule 4.
9.2.2.6.2
Rear Yard:
No Dwelling or any part there of shall be erected or
used within the defined area if any part of such
dwelling is within 50 feet of the boundary between
the defined area and the OS3-7 zone shown on the
Zoning Map, Parts 3(g) and 5 (c).58
9.2.2.7
9.2.2.7.1
Defined Area:
R1-7 as shown on the Zoning Map, Part 4(e).
9.2.2.7.2
Location of Buildings
and Structures:
No part of any dwelling or accessory building shall
be erected within the area defined in subsection
9. 2.2.7.1 except within an area designated
"Building Area" on Schedule 6 to this by-law.
9.2.2.7.3
Exception:
The provisions of subsection 9.2 . 1.7 shall not
apply to lands within the defined area.59
9.2.2.8
9.2.2.8.1
Defined Area:
R1-8 as shown on Zoning Map Part 2(1).
9.2.2.8.2
Location of Uses
Buildings and Structures:
No part of any building or structure shall be erected
within the area defined in subsection 9.2.2.8.1
except within the area designated Building Area on
Schedule 12 to this By-law.
9.2.2.8.3
Exceptions:
The provisions of subsection 9.2.1.7.2 shall not
apply to the area defined in subsection 9.2.2.8.1.60
9.2.2.9
9.2.2.9.1
Defined Area:
R1-9 as shown on Zoning Map, Part 2(k).
9.2.2.9.2
Permitted Buildings
and other Structures:
(a)
A multiple dwelling containing a maximum of
4 dwelling units.
(b)
Accessory buildings
9.2.2.9.3
Lot Area:
3, 900 square meteres
9.2.2.9.4
Lot Frontage:
45 metres.
9.2.2.9.5
Lot Depth:
80 metres.
9.2.2.9.6
Minimum Floor Area:
70 square metres for each dwelling unit.
9.2.2.9.7
Off -Street Parking:
One and one-half spaces per dwelling unit on the lot
on which the dwelling is located.
9.2.2.9.8
Exceptions:
The provisions of subsections 9.2.1.2, 9.2.1.3,
9.2.1.4, 9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1.7.3,
9.2.1.9, 9.2.1.10, 9.2.1.11, shall not apply to the
area defined in subsection 9.2.2.9.1.61
9.2.2.10
9.2.2.10.1
Defined Area:
R1-10 as shown on Zoning Map Part 4(f).
9.2.2.10.2
Existing Use in
Residential Areas:
58 Added new subsection by Clause 6 to By-law 1831, April 24th, 1978.
59 Added new subsection by Clause 2 to By-law 1840.
60 Added new subsection by Clause 3 to By-law 1884, June 25th, 1979.
61 Added new subsection by Clause 4 to By-law 1929, March 17th, 1980.
9.2.2.10.2.1
The height, floor area and location of any buildings
and other structure the floor area ratio, the size,
frontage and depth of the lot on which the
buildings and other structures are located, the
front, side and rear yards on such lots, the
maximum coverage and the number and location of
off-street parking space shall remain as they
lawfully exist on the day of the passing of this By-
law.
9.2.2.10.2.2
Subsection 9 . 2 .2.10.2.1 shall not prohibit the
erection of accessory buildings or the enlargement
or extension of buildings and other structures
which are permitted under the provisions of
subsection 9.2 provided the erection, enlargement
or extension is in conformity with the applicable
provisions of this By-law.62
9.2.2.11
9.2.2.11.1
Defined Area:
R1-11 as shown on Zoning Map, Part 4(g).
9.2.2.11.2
Lot Depth:
24 metres.
9.2.2.11.3
Exceptions:
The provisions of subsection 9.2.1.5 shall not apply
to the, area defined in subsection 9.2.2.11.1.63
9.2.2.12
9.2.2.12.1
Defined Area:
R1-12 as shown on Zoning Map, Part 4(h).
9.2.2.12.2
Existing Uses in
Residential Areas:
9.2.2.12.2.1
The height, floor area and location of any buildings
and other structures, the floor area ratio, the size,
frontage and depth of the lot on which the buildings
and other structures are located, the front, side and
rear yards on such lots, the maximum coverage and
the number and location of off-street parking
spaces, shall remain as they lawfully exist on the
day of the passing of this By-law.
9.2.2.12.2.2.
Subsection 9.2;2.12.2.1 shall not prohibit the
erection of accessory buildings or the enlargement
or extension of buildings and other structures which
are permitted under the provisions of subsection
9.2, provided the erection, enlargement or
extension is in conformity with the applicable
provisions of this By-law.64
9.2.2.13
9.2.2.13.1
Defined Area:
R1-13 as shown on Zoning Map, Part 4(i).
9.2.2.13.2
Prohibited Buildings:
A semi-detached dwelling.
9.2.2.13.3
Lot Area:
900 square metres.
9.2.2.13.4
Lot Frontage:
For the purpose of this By-law, the provisions of
subsection 9.2.1.4.3 shall not apply to a corner lot
as defined by subsection 2.11. Instead a minimum
frontage of 9 metres shall be required for a corner
lot.
9.2.2.13.5
Exceptions:
The provisions of subsection 9.2.1.3 shall not apply
to the area defined in subsection 9.2.3.13.1.65
9.2.2.14
9.2.2.14.1
Defined Area:
R1-14 as shown on Zoning Map, Part 5 (d)
9.2.2.14.2
Lot Area:
1 ,858 square metres.
62 Added new subsection by Clause 4 to By-law 1932, March 25th, 1980.
63 Added new subsection by Clause 4 to By-law 1933, March 25th, 1980.
64 Added new subsection by Clause 4 to By-law 1930, March 17th, 1980.
65 Added new subsection by Clause 4 to By-law 1931, March 17th, 1980.
9.2.2.14.3
Lot Frontage:
8 metres.
9.2.2.14.4
Exceptions:
The provisions of subsection 9.2.1.3 and 9.2.1.4
shall not apply to the area defined in subsection
9.2.2.14.1.66
(R1-15 & R1-16 (Kocsis) not passed.)
9.2.2.17
9.2.2.17.1
Defined Area:
R1-17 as shown on Zoning Map Parts 2 (q).
9.2.2.17.2
Existing Uses in
Residential Areas:
9.2.2.17.2.1
The height, floor area and location of any buildings
and other structures, the floor area ratio, the size,
frontage, and depth of the lot on which the
buildings and other structures are located, the
front, side and rear yards on such lots, the
maximum coverage and the number and location of
off-street parking space, shall remain as they
lawfully exist on the day of the passing of this By-
law.
9.2.2.17.2.1
Subsections 9.2.2.17.2.1 shall not prohibit the
erection of accessory buildings or the enlargement
or extension of buildings and other structures which
are permitted under the provisions of subsection
9.2 provided the erection, enlargement or extension
is in conformity with the applicable provisions of
this By-law.67
9.2.2.18
9.2.2.18.1
Defined Area:
R1-18 as shown on the zoning Map, Part 1(z).
9.2.2.18.2
Other Permitted
Uses:
1.
The breeding and forcing of orchids for
wholesale and retail sales:
2.
a seedling Laboratory;
3.
an office;
4.
a dwelling converted to contain a maximum
of 2 dwelling units;
5.
accessory uses.68
9.2.2.19
9.2.2.19.1
Defined Area:
R1-19, as shown on Zoning Hap, Part 2(w).
9.2.2.19.2
Permitted uses:
a)
Cluster housing as defined in subsection
9.2.2.19.8
b)
A Hotel as defined in subsection 9.2.2.19.8,
shall be permitted only within the area of the
R1-19 zone shown crosshatched on Schedule
"A"
c) Accessory uses
9.2.2.19.3
Permitted Buildings
and Structures:
Buildings and structures for the uses permitted in
subsection 9.2.2.19.2
9.2.2.19.4
Coverage:
a)
40% maximum for the use permitted by
subsection 9.2.2.19.2 a)
b)
25% maximum for the use permitted by
subsection 9.2.2.19.2 b)
9.2.2.19.5
Height:
a)
3 stories maximum for the use permitted by
subsection 9.2.2.19.2 a)
66 Added new subsection by Clause 4 to By-law 1944, April 28th, 1980.
67 Added new subsection by Clause 4 to By-law 2210, January 27th, 1986.
68 Added new subsection by Clause 4 to By-law 2303.
b)
20 metres maximum for the use permitted
by subsection 9.2.2.19.2 b)
9.2.2.19.6
Minimum Floor Area:
120 square metres for the use permitted by
subsection 9.2.2.19.2 a)
9.2.2.19.7
Off-Street Parking:
a)
1.5 parking spaces per dwelling unit for
the use permitted by subsection 9.2.2.19.2
a)
b)
1 space per suite for the use permitted by
subsection 9.2.2.19.2 b); plus space for
other uses in accordance with the Business
Zone 1 regulations (Section 10.2) if over
10% of the hotel area
9.2.2.19.8
Definitions:
For the purposes of this amendment the following
definitions shall apply:
Cluster Housing shall mean a form of housing that
is arranged in identifiable groups, or to form a
visually cohesive group where the land is under one
ownership . The type of housing permitted shall
include:
- a building containing more than one dwelling unit
horizontally or vertically attached or stacked.
- a group of multiple buildings containing more than
one dwelling unit horizontally or vertically attached
or stacked.
Hotel shall mean a building or part of a building
containing sleeping accommodation for the public
and may contain rooms for meetings and where
persons, not necessarily travellers, may, for a price,
obtain sleeping accommodation or meals and
beverages, or hold meetings or engage in
recreational activities or engage in such activities on
lands adjacent to such building and includes an
inn, motel, tavern and a public house, but does not
include a boarding house.
9.2.2.19.9
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2,
9.2.1.3, 9.2.1.4, 9.2.1.5, 9.2 .1.6, 9.2. 1.7, 9.2.1.8,
9.2.1.9, 9.2.1.10, and 9.2.1.11 shall not apply to
the area defined in subsection 9. 2. 2.19.169
9.2.2.20
9.2.2.20.1
Defined Area:
R1-20, as shown on Zoning Map, Part 3 (t).
9.2.2.20.2
Permitted Uses:
a)
Cluster housing as defined in subsection
9.2.2.20.8
b)
Accessory uses
9.2.2.20.3
Permitted Buildings
and Structures:
Buildings and Structures for the uses permitted in
subsection 9.2.2.20.2
9.2.2.20.4
Coverage:
40% maximum
9.2.2.20.5
Height:
3 stories maximum
9.2.2.20.6
Minimum Floor Area:
120 square metres
9.2.2.20.7
Off-Street Parking:
1.5 parking spaces per dwelling unit
9.2.2.20.8
Definitions:
For the purposes of this amendment the following
definitions hall apply:
Cluster Housing shall mean a form of housing that
is arranged in identifiable groups, or to form a
visually cohesive group where the land is under one
69 Added new subsection by Clause 4 to By-law 2361, March 14th, 1988.
owner ship. The type of dwelling unit permitted
shall include:
- a building containing more than one dwelling unit
horizontally or vertically attached or stacked.
- a group of multiple buildings containing more than
one dwelling unit horizontally or vertically attached
or stacked.
9.2.2.20.9
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2,
9.2.1.3, 9.2.1.4, 9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1.8,
9.2.1.9, 9.2.1.10, and 9.2.1.11 shall not apply to
the defined area.70
70 Added new subsection by Clause 4 to By-law 2363, February 29th, 1988.
9.2.2.21
9.2.2.21.1
Defined Area:
R1-21, as shown on Zoning Map, Parts 2(x) and
3(x)
9.2.2.21.2
Side Yards:
1 metre
9.2.2.21.3
Front Yards:
(a)
9 metres for lots fronting on George St. and
Marr Road.
(b)
7.6 metres for lots fronting on local streets
in residential subdivisions.
9.2.2.21.4
Coverage:
30% maximum for the dwelling
9.2.2.21.5
Floor Area Ratio:
0.60 maximum
9.2.2.21.6
Height:
5 metres maximum for accessory buildings or
structures.
9.2.2.21.7
Minimum Ground
Floor Area:
(a)
102 square metres for a 1 storey dwelling
(b)
102 square metres for one dwelling unit of a
semi detached dwelling
9.2.2.21.8
Exceptions:
The provisions of subsections 9.2.1.1(b),
9.2.1.2(b), 9.2.1.6(a), 9.2.1.7.1, 9.2.1.7.2,
9.2.1.8(b), 9.2.1.9, and 9.2.1.10 shall not apply to
the defined area.71
9.2.2.22
9.2.2.22.1
Defined Area:
R1-22 as shown on the. Zoning Map, Part 2(y)
9.2.2.22.2
Other Permitted
Buildings and Structures:
A dwelling converted to contain a maximum of 2
dwelling units .72
9.2.2.23
9.2.2.23.1
Defined Area:
R1-23 as shown on the Zoning Map, Part 5(e)
9.2.2.23.2
Other Permitted
Buildings and Structures:
A dwelling converted to contain a maximum of 2
dwelling units
9.2.2.23.3
Front Yard:
5.5 metres
9.2.2.23.4
Side Yards:
1.8 metres
9.2.2.23.5
Ground Floor
Area:
47 square metres for each dwelling unit
9.2.2.23.6
Floor Area
Ratio:
.50 maximum
9.2.2.24.6
Exceptions:
The provisions of subsections 9.2.1.7.1, 9.2.1.7.2,
9.2.1.9 and 9.2.1.10, shall not apply to uses
permitted in the area defined in subsection
9.2.2.23.1.11.73
9.2.2.24
9.2.2.24.1
Defined Area:
R1-24 as shown on the Zoning Maps, Part 3(z) and
Part 5(g)
9.2.2.24.2
Coverage:
a)
35% maximum for the dwelling
b)
15% maximum for accessory buildings.
9.2.2.24.3
Side Yards:
1 metre
9.2.2.24.4
Floor Area
71 Added new subsection by Clause 4 to By-law 2428, February 27th, 1989.
72 Added new subsection by Clause 4 to By-law 2455, July 5th, 1989.
73 Added new subsection by Clause 4 to By-law 2466, July 24th, 1989.
Ratio:
.55 maximum
9.2.2.24.5
Exceptions:
The provisions of subsection; 9.2.1.6; 9.2.1.7.2 and
9.2.1.9, shall not apply to the area defined in
subsection 9.2.2.24.1.74
9.2.2.25
9.2.2.25.1
Defined Area:
R1-25 as shown on the Zoning Map, Part 1(ap)
9.2.2.25.2
Other Permitted
Buildings and Structures:
The dwelling existing at the date of the passing of
this by-law converted to contain a maximum of 4
dwelling units.
9.2.2.25.3
Off Street Parking:
1 parking space per dwelling unit.
9.2.2.25.4
Exceptions:
The provisions of subsections 9.2.1.2, 9.2.1.6,
9.2.1.7.1, 9.2.1.7.2, 9.2.1.9, 9.2.1.10 and
9.2.1.11, shall not apply to uses permitted in the
area defined in subsection 9.2.2.25.1.75
9.2.2.26
9.2.2.26.1
Defined Area:
R1-26 as shown on the Zoning Maps, Part 3(ab)
and Part 5(j).
9.2.2.26.2
Kettle Creek Floodfringe: The area shown hatched and identified as Kettle
Creek Floodfringe on Schedule "C" to this By-law,
being Schedule 20 to By-law No. 1507, is located
within the floodfringe of Kettle Creek and is subject
to the regulatory requirements of the Kettle Creek
Conservation Authority. The lands may be used for
those uses permitted by Section 9.2.1.1 of By-law
No. 1507 provided that plans for all buildings and
structures are approved by the Kettle Creek
conservation Authority and flood proofed to an
elevation of 178.9 metres Geodetic Survey of
Canada.
9.2.2.26.3
Existing Uses:
Section 9.1 of By-law No. 1507 shall apply to the
area defined by subsection 9.2.2.26.1 as of the date
of the passing of this By-law.76
9.2.2.27
9.2.2.27.1
Defined Area:
R1-27 as shown on the Zoning Maps, Part 3(ac) and
Part 5(k).
Rear Yard:
15 metres
Exceptions:
The provisions of subsection 9.2.1.7.3 shall not
apply to the area defined in subsection 9.2.2.27.1.
9.2.2.28
9.2.2.28.1
Defined Area:
R1-28 as shown on the Zoning Map Part 2(z).
9.2.2.28.2
Permitted Uses:
a)
Residential use;
b)
Accessory uses.
9.2.2.28.3
Permitted Buildings
and Structures:
a)
One single detached dwelling on one lot;
b)
Accessory buildings
9.2.2.28.4
Existing Uses in
the Defined Area R1-28:
9.2.2.28.4.1
Notwithstanding anything herein to the contrary the
height, floor area, coverage, the minimum elevation
of doors windows or other openings in buildings and
structures used for human occupancy shall remain
as they exist on the day of the passing of this By-
74 Added new subsection by Clause 3 to By-law 2479, October 17th, 1989.
75 Added new subsection by Clause 4 to By-law 2552, October 18th, 1990.
76 Added new subsection by Clause 4 to By-law 2696, May 25th, 1992.
law. The front, side and rear yards, and the location
of buildings and other structures on such lots shall
remain as shown on the plan of survey, prepared by
Brian Vaughan, OLS, dated September 30, 1993
and marked as Schedule 21 to this By-law.
9.2.2.28.4.2
Subsection 9.2.2.28.4.1 shall not prohibit the
erection of new buildings and structures, or the
enlargement or extension of existing buildings and
other structures which are permitted under the
provisions of subsection 9.2.2.28.2 provided the
erection of new buildings and Structures, or the
enlargement or extension of existing buildings and
other structures complies with the applicable
provisions of this By-law.
9.2.2.28.5
Lot Frontage:
a)
12 metres for lots 1,2,6,7,8,14,15,16 as
shown on Schedule 21.
b)
For lots 3, 4, 5, 9, 10, 11, 12, and 13 as
shown on Schedule 21 the required lot
frontage is 12 metres and shall be measured
perpendicularly to a line drawn joining the
midpoint of the front and the midpoint of the
rear lot lines at a point within the lot which
is 20 metres from the front lot line.
9.2.2.28.6
Front Yard:
6 metres
9.2.2.28.7
Side Yards:
a)
1 metre.
b)
2 metres along a flanking street.
9.2.2.28.8
Rear Yard:
6 metres.
9.2.2.28.9
Height:
a)
6 metres for an accessory building or
structure.
9 .2.2.28.10 Lot Coverage:
35% maximum.
9.2.2.28.11 Minimum elevation of
doors, windows or openings
in buildings or structures: The minimum elevation for doors, windows and
other openings in buildings and structures used for
human occupancy, within the defined area, shall not
be less than the flood uprush level of 176.8 metres,
Geodetic Survey of Canada.
9.2.2.28.12 Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2,
9.2.1.4, 9.2.1.6, 9.2.1.7, 9.2.1.8.(b)and 9.2.1.9
shall not apply to the area defined in subsection
9.2.2.28.1 above.77
9.2.2.29
9.2.2.29.1
Defined Area:
R1-29 as shown on the Zoning Maps, Part 3(ar).
9.2.2. 29.2
Lot Area:
371.5m2
9.2.2. 29.3
Lot Frontage:
12 metres
9.2.2. 29.4
Lot Depth:
30 metres
9.2.2.29.5
Lot Coverage:
35%
9.2.2.29.6
Front Yard:
6 metres
9.2.2. 29.7
Side Yard:
1 metre
9.2.2.29.8
Rear Yard:
6 metres
9.2.2.29.9
Exceptions:
The provisions of subsections 9.2.1.3; 9.2.1.4;
77 Added new subsection by Clause 4 to By-law 2795, September 30th, 1993.
9.2.1.5; 9.2.1.6; 9.2.1.7; 9.2.1.9 shall not apply to
the area defined in subsection 9.2.2.29.1.78
9.2.2.30
9.2.2.30.1
Defined Area:
R1-30 as shown on the Zoning Maps, Part 3(ad)
and Part 5(m).
9.2.2.30.2
Lot Area:
371.5 m2
9.2.2.30.3
Lot Frontage:
12 metres
9.2.2.30.4
Lot Depth:
30 metres
9.2.2.30.5
Lot Coverage:
35%
9.2.2.30.6
Front Yard:
6 metres
9.2.2.30.7
Side Yard:
1 metre
9.2.2.30.8
Rear Yard:
6 metres
9.2.2.30.9
Height:
6 metres for an accessory building or structure.
9.2.2.30.10 Exceptions:
The provisions of subsections 9.2.1.3, 9.2.1.4,
9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1 .8 (b) and. 9.2.1.9
shall not apply to the area defined in subsection
9.2.2.29.1.79
9.2.2.31
9 .2.2.31.1
Defined Area:
R1-31 as shown on Zoning Map, Part 2(aa).
9.2.2.31.2
Permitted Uses:
(a)
Residential uses;
(b)
A hotel as defined in subsection 9.2.2.31.14;
(c)
Accessory Uses
9.2.2.31.3
Permitted Buildings
and Structures:
(a)
Cluster Housing;
(b)
Multiple Dwelling;
(c)
Hotel;
(d)
Accessory Buildings and Structures
9.2.2.31.4
Lot Frontage:
222 metres
9.2.2.31.5
Front Yard:
6 metres
9.2.2.31.6
Side Yard:
3 metres
9.2.2.31.7
Coverage:
40% maximum for the use permitted by subsection
9.2.2.31.2(b).
9.2.2.31.8
Height:
12.19 metres
9.2.2.31.9
Minimum Dwelling
Unit Floor Area:
(a)
For buildings and structures permitted by
subsection 9.2.2.31.3 (a): 120 square
metres.
(b)
For buildings and structures permitted by
subsection 9.2.2.31.3 (b):
(i)
Bachelor:
28m2
(ii)
One Bedroom:
42m2
(iii)
Two Bedrooms:
56m2
(iv)
Three Bedrooms:
70m2
9.2.2.31.10 Maximum Density:
37.5 residential dwelling units per hectare within
the area defined in subsection 9.2.2.31.1.
78 Added new subsection by Clause 4 to By-law 2786, August 9th, 1993.
79 Added new subsection by Clause 4 to By-law 2792, September 13th, 1993.
9.2.2.31.11 Minimum elevation of
doors, windows or openings
in buildings or structures: The minimum elevation for doors, windows and
other openings in buildings and structures used for
human occupancy, within the defined area, shall not
be less than the flood uprush level of 176.8 metres,
Geodetic Survey of Canada.
9.2.2.31.12 Set Back From
Toe of Slope:
No buildings or structures shall be permitted within
15.24 metres Of the 178 metre contour line,
Geodetic Survey of Canada.
9.2.2.31.13 Off-Street Parking:
(a)
1.5 parking spaces per dwelling unit for
residential uses;
(b)
1.25 parking spaces per hotel suite.
9.2.2.31.14 Definitions:
For the purposes of this amendment the following
definition shall apply:
Hotel shall mean a building or part of a building
containing sleeping accommodation for the public
and may contain rooms for meetings and where
persons, not necessarily travellers, may, for a price,
obtain sleeping accommodations or meals and
beverages, or hold meetings or engage in
recreational activities or engage in such activities on
lands adjacent to such building and includes an inn,
motel, tavern and public house, but does not
include a boarding house.
9.2.2.31.14a
Development Phasing: Where the development of
the land within the defined area (9.2.2.31.1) is
approved under Section 41 of the Planning Act and,
pursuant to an approval or exemption subsequently
given under Section 9 of the Condominium Act
1998, any part of the land is registered as a
Condominium Corporation, the provisions of Section
9.2.2.31 and any other regulations of By-law 1507
are hereby deemed to apply to the land as a whole
and to any building or structure thereon in the
same manner and to the same extent as if the
approval or exemption was not given, so long as
the land and any building or structure thereon are
used and continue to be used for the purpose for
which the development was approved.80
9.2.2.31.15 Exceptions:
The provisions of subsection 9.2.1 shall not apply to
the area defined in subsection 9 .2.2.31.1.
9.2.2.31.16 Holding Zone:
(a)
Use of Symbol:
Notwithstanding any other provisions of this by-law,
where the symbol "h" appears on Map Part 2(aa) as
a prefix to the Rl-31 zone applying to the defined
area, the provisions of the Rl-31 zone shall apply,
subject to the requirements of subsection 9
.2.2.31.16 (b) and (c) below.
(b)
Holding Zone Provisions:
To ensure the orderly development of lands and the
adequate provision of municipal services, the "h"
symbol shall not be removed until the applicant
and/or landowner has entered into an agreement
with the Village of Port Stanley specifying how the
required services will be provided to the lands in
accordance with the servicing strategy set out in
the Official Plan.
80 Added new subsection by Clause 1 to By-law 387, December 17th, 2001.
No development will be recommended for approval
or zoning amendment processed unless it has been
confirmed to the satisfaction of the Ministry of the
Environment, and the Village of Port Stanley, that
there is sufficient uncommitted reserve capacity
remaining in the water and sewage treatment works
and distribution systems to service the proposed
development.
The removal of the "h" symbol requires an
amendment to this by-law pursuant to Section 36 of
the Planning Act, R.S.O., 1990, as amended.
(c)
Interim Uses in the Defined Area:
Notwithstanding the provisions of subsections
9.2.2.31.1 to 9.2.2.31.15, until such time as the
"h'' symbol has been removed, the maximum
number of hotel units or residential dwelling units
permitted, individually or combined, shall not
exceed 24 Equivalent Residential Units For the
purposes of this amendment an Equivalent
Residential Unit shall mean a sewage unit
equivalent to the sewage flow for a single-detached
residential dwelling unit."81
9.2.2.32
9.2.2.32.1
Defined Area:
R1-32 as shown on the Zoning Maps, Part 3(af) and
Part 5(n).
9.2.2.32.2
Lot Area:
371.5 m2
9.2.2.32.3
Lot Frontage:
12 metres
9.2.2.32.4
Lot Depth:
30 metres
9.2.2.32.5
Lot Coverage:
35%
9.2.2.32.6
Front Yard:
6 metres
9.2.2.32.7
Side Yard:
1 metre
9.2.2.32.8
Rear Yard:
6 metres
9.2.2.32.9
Height:
6 metres for an accessory building or structure.
9.2.2.32.10 Exceptions:
The provisions of subsections 9.2.1.3, 9.2.1.4,
9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1.8(b) and 9.2.1.9
shall not apply to the area defined in subsection
9.2.2.29.1.82
9.2.2.33
9.2.2.33.1
Defined Area:
R1-33 as shown on Map Part 2 (ac).
9.2.2.33.2
Permitted Uses:
a)
Residential use;
b)
Accessory uses.
9.2.2.33.3
Permitted Buildings
and Structures:
a)
One single detached dwelling on one lot;
b)
Accessory buildings and structures.
9.2.2.33.4
Lot Frontage:
3.7 metres.
9.2.2.33.5
Location of Buildings
and Structures:
Buildings and structures permitted by subsection
9.2.2.33.3 shall be erected only within the area
designated "Building Area" on Schedule "23".
9.2.2.33.6
Minimum Ground
Floor Area:
60 square metres.
81 Added new subsection by Clause 4 to By-law 2843, May 25th, 1994.
82 Added new subsection by Clause 4 to By-law 2844, May 25th, 1994.
9.2.2.33.7
Off-Street Parking:
1 parking space per dwelling unit.
9.2.2.33.8
Parking Space:
For the purposes of subsection 9.2.2.33 a parking
space shall be rectangular in shape and the
dimensions of which are not less than 2.75 metres
by 5.5 metres.
9.2.2.33.9
Exceptions:
The provisions of subsections 2.38, 9.2.1.1,
9.2.1.2, 9.2.1.4, 9.2.1.5, 9.2.1.7, 9.2.1.1 0,
9.2.1.11 shall not apply to the area defined in
subsection 9.2.2.33.1.
9.2.2.33.10 Holding Zone:
(a)
Use of Symbol:
Notwithstanding any other provisions of this By-law,
where the symbol "h" appears on Map Part 2 (ac)
as a prefix to the R1-33 zone applying to the
defined area, the provisions of the R1-33 zone shall
apply, subject to the requirements of subsection
9.2.2.33.10 (b) and (c) below.
(b)
Holding Zone Provisions:
To ensure the orderly development of lands, the "h"
symbol shall not be removed until the applicant
and/or landowner has satisfied the following
requirements:
i) a certificate of consent pursuant to Section 53
(42) of the Planning Act, R.S.O. 1990, as
amended has been given and the transaction in
respect of which the consent was given is
carried out within the period stipulated by
Section 53 (43) of the Planning Act, R.S.O.
1990, as amended.
ii) that a development agreement, pursuant to
Section 51 (26) of the Planning Act, R.S.O. I
990, as amended, has been entered into with
the Village of Port Stanley. Such agreement
shall require strict compliance with the
recommendations of Atkinson, Davies Inc. as
noted in their report Ref: 1·2313, dated
November 12, 1996 and those
recommendations contained within the
"Statement of Limitation" Appendix 'A'.
The removal of the "h" symbol requires an
amendment to this By-law pursuant to Section 36
of the Planning Act, R.S.O. 1990. as amended.
(c)
Interim Uses:
Uses existing at the date of the passing of this By-
law.83
9.2.2.34
9.2.2.34.1
Defined Area:
R1-34 as shown on Map Part 2 (ad).
9.2.2.34.2
Permitted Uses:
a)
Residential use;
b)
Accessory uses.
9.2.2.34.3
Permitted Buildings
and Structures:
a) One single detached dwelling on one lot;
b) Accessory buildings and structures.
9.2.2.34.4
Lot Area:
740 m2
9.2.2.34.5
Lot Frontage:
15 metres
9 .2.2.34.6
Maximum Lot Coverage:
35%
9.2.2.34.7
Location of Buildings and
83 Added new subsection by Clause 6 to By-law 3054, September 22th, 1997.
Structures:
Buildings and Structures permitted by subsection
9.2.2.34.3 shall be erected only within the area
designated "Building Area" on Schedule 24.
9.2.2.34.8
Maximum Height:
6 metres for an accessory building or structure.
9.2.2.34.9
Minimum elevation of
doors, windows or openings
in buildings or structures: The minimum elevation for doors, and other
openings in buildings and structures used for
human occupancy, within the defined area, shall
not be less than the flood uprush level of 176.8
metres, Geodetic Survey of Canada.
9.2.2.34.10 Off-Street Parking:
2 parking spaces per dwelling unit.
9.2.2.34.11 Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2,
9.2.1.3, 9.2.1.4, 9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1.8
(b) and 9.2.1.11 shall not apply to the area defined
in subsection 9.2.2.34.1.84
9.2.2.35
9.2.2.35.1
Defined Area:
R1-35 as shown on Map Part 2 (ae).
9.2.2.35.2
Additional Permitted Use:
Bed and Breakfast Establishment.
9.2.2.35.3
Definition:
For the purposes of this amendment, a Bed and
Breakfast Establishment means a single detached
dwelling in which the owner resides and in which no
more than three rooms are supplied for gain and
profit, with or without meals, for the temporary
accommodation of the travelling public, but does
not include a boarding house, motel or restaurant.
9.2.2.35.4
Off-Street Parking:
One parking space per room made available for the
use permitted by subsection 9.2.2.35.2 shall be
provided and maintained at all times.85
9.2.2.36
9.2.2.36.1
Defined Area:
R1-36, as shown on Zoning Map, Part 1 (az).
9.2.2.36.2
Permitted Uses:
(a)
Residential use;
(b)
Home occupations;
(c)
Accessory uses.
9.2.2.36.3
Permitted Buildings and
Structures:
(a)
One dwelling containing a maximum of two
dwelling units on Part 2, Plan 11R-5135 as
shown on Schedule 25.
(b)
One dwelling containing a maximum of three
dwelling units , on Part 1, Plan 11R-5135 as
shown on Schedule 25.
(c)
Accessory buildings and structures.
9.2.2.36.4
Maximum Number of
Dwelling Units:
Five dwelling units.
9.2.2.36.5
Lot Area:
670 m2
9.2.2.36.6
Lot Frontage:
18.2 metres (Third Street).
9.2.2.36.7
Coverage:
50% maximum.
9.2.2.36.8
Location of Buildings
and Structures:
Existing as of the day of the passing of this By-law
84 Added new subsection by Clause 4 to By-law 3055, September 22th, 1997.
85 Added new subsection by Clause 4 to By-law 3061, October 27th, 1997.
as shown on Schedule 25. Notwithstanding anything
herein to the contrary, a covered porch may be
constructed on the south side of the existing
dwelling shown on Schedule 25 with a minimum
setback of 2.7 metres from the southerly property
line
9.2.2.36.9
Height:
(a)
2 storey maximum for buildings and
structures permitted by subsection
9.2.2.36.3 (a) and (b).
(b)
6 metres maximum for accessory buildings
and structures.
9.2.2.36.10 Minimum elevation of
doors, windows openings
in buildings and structures: The minimum elevation for doors, or windows and
other openings in human occupancy within the
buildings and structures used for defined area, shall
not be less than the flood uprush level of 176.8
metres, Geodetic Survey of Canada.
9.2.2.36.11 Off Street Parking:
5 parking spaces shall be provided and maintained
at all times.
9 .2.2.36.12 Definitions:
For the purposes of this amendment, the following
definition shall apply to the defined area:
Parking Space means that part of a lot:
(i)
which is rectangular in shape and the
dimensions of which are not less than 2.75
metres by 5.5 metres;
(ii)
which is provided for the parking of a motor
vehicle without moving or removing any
other motor vehicle;
(iii)
which may be open, covered or partially or
wholly enclosed; and
(iv)
which is surfaced with asphalt, concrete or
granular material which has a dust free
stable surface.
9.2.2.36.13 Exceptions:
The provisions of subsections 9.2.1 (General
Regulations) shall not apply to the area defied in
subsection 9.2.2.36.1.86
9.2.2.37
9.2.2.37.1
Defined Area:
R1-37, as shown on Zoning Map, Part 7.
9.2.2.37.2
Lot Frontage:
30 metres
9.2.2.37.3
Front Yard:
12 metres
9.2.2.37.4
Exceptions:
The provisions of subsections 9.2.1.4 and 9.2.1.7.1
shall not apply to the area defined in subsection
9.2.2.37.1.87
9.2.2.38
9.2.2.38.1
Defined Area:
R1-38, as shown on Zoning Map, Part 4(s).
9.2.2.38.2
Permitted Uses:
a)
single-detached dwelling
b)
accessory uses
9.2.2.38.3
Permitted Buildings
and Structures:
Buildings and structures for the permitted uses.
9.2.2.38.4
Services Required:
In this zone, no building or structure shall be
erected or used for any purpose permitted by
subsection 9.2.2.38.2 unless the following services
86 Added new subsection by Clause 3 to By-law 99, April 12th, 1999.
87 Added new subsection by Clause 5 to By-law 200, April 10th, 2000.
are available to service the building or structure and
the land on which it is situate.
a)
a municipal water supply system; and
b)
a municipal sanitary sewage system and a
storm sewage system.
9.2.2.38.5
Maximum Number of
Dwelling units:
single detached dwelling -1 per lot
9.2.2.38.6
Location of Buildings
and Structures:
Notwithstanding any other provision of By-law
No.1507 as amended no buildings or structures,
except for any service required by subsection
9.2.2.38.4, shall be located within the area shown
hatched on Schedule "25" to this By-law.
9.2.2.38.7
Lot Depth:
21 metres
9.2.2.38.8
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2,
9.2.1.5, and 9.2.1.7.3 shall not apply to the area
defined in subsection 9.2.2.38.1.88
9.2.2.39
9.2.2.39.1
Defined Area:
R1-39, as shown on Zoning Map, Part 4(s).
9.2.2.39.2
Permitted Uses:
a)
single-detached dwelling
b)
accessory uses
9.2.2.39.3
Permitted Buildings
and Structures:
Buildings and structures for the permitted uses.
9.2.2.39.4
Services Required:
In this zone, no building or structure shall be
erected or used for any purpose permitted by
subsection 9.2.2.39.2 unless the following services
are available to service the building or structure and
the land on which it is situate.
a)
a municipal water supply system; and
b)
a municipal sanitary sewage system and a
storm sewage system.
9.2.2.39.5
Maximum Number of
Dwelling units:
single detached dwelling 1 per lot
9.2.2.39.6
Location Buildings
and Structures:
a)
The location of existing buildings and
structures shall remain as they exist on the
day of the passing of this by-law.
b)
Subsection 9.2.2.39.6 (a) shall not prohibit
the erection of new buildings and structures,
or the enlargement or extension of existing
buildings or structures which are permitted
under the provisions of 9.2.2.39.3 provided
the erection of new buildings and structures,
or the enlargement or extension of existing
buildings or structures complies with the
applicable provisions of By-law No. 1507 as
amended.
c)
Notwithstanding any other provision of By-
law No.l507 as amended no buildings or
structures, except for any service required
by subsection 9.2.2.39.4, shall be located
within the area shown hatched on Schedule
"25" to this By-law.
9.2.2.39.7
Lot Depth:
17 metres
88 Added new subsection by Clause 3 to By-law 271, December 11th, 2000.
9.2.2.39.8
Exceptions:
The provisions of subsections 9.2. 1.1, 9.2.1.2,
9.2.1.5, and 9.2.1.7.3 shall not apply to the area
defined in subsection 9.2.2.39.189
9.2.2.40
9.2.2.40.1
Defined Area:
R1-40, as shown on Zoning Map, Part 4(t).
9.2.2.40.2
Permitted Uses:
a)
single-detached dwelling
b)
accessory uses
9.2.2.40.3
Permitted Buildings
and Structures:
Buildings and structures for the permitted uses.
9.2.2.40.4
Services Required:
In this zone, no building or structure shall be
erected or used for any purpose permitted by
subsection 9.2.2.40.2 unless the following services
are available to service the building or structure and
the land on which it is situate.
a)
a municipal water supply system; and
b)
a municipal sanitary sewage system and a
storm sewage system.
9.2.2.40.5
Maximum Number of
Dwelling units:
single detached dwelling - 1 per lot
9.2.2.40.6
Location of Buildings
and Structures:
Notwithstanding any other provision of by-law
No.l507 as amended no buildings or structures,
except for any service required by subsection
9.2.2.40.4, shall be located within the area shown
hatched on Schedule "26" to this By-law.
9.2.2.40.7
Lot Depth:
23 metres
9.2.2.40.8
Front Yard:
a)
7.62 metres for Lots 2, 4, 5 and 6 as shown
on Schedule "26"
b)
3 metres for Lots 1 and 3 as shown on
Schedule "26"
9.2.2.40.9
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2,
9.2.1.5, 9.2.1.7.1 and 9.2.1.7.3 shall not apply to
the area defined in subsection 9.2.2.40.190
9.2.2.41
9.2.2.41.1
Defined Area:
R1-41, as shown on Zoning Map, Part 4(t).
9.2.2.41.2
Permitted Uses:
a)
single-detached dwelling
b)
accessory uses
9.2.2.41.3
Permitted Buildings
and Structures:
Buildings and structures for the permitted uses.
9.2.2.41.4
Services Required:
In this zone, no building or structure shall be
erected or used for any purpose permitted by
subsection 9.2.2.41.2 unless the following services
are available to service the building or structure and
the land on which it is situate.
a)
a municipal water supply system; and
b)
a municipal sanitary sewage system and a
storm sewage system.91
89 Added new subsections by Clause 5 to By-law 271, December 11th, 2000.
90 Added new subsections by Clause 3 to By-law 269, December 11th, 2000.
9.2.2.42
9.2.2.42.1
Defined Area:
R1-42, as shown on Zoning Map, Part 4(u) and Map
Part 5(p).
9.2.2.42.2
Permitted Uses:
a)
single detached dwelling
b)
accessory uses
9.2.2.42.3
Additional Permitted
Buildings and Structures:
Buildings and structures for the uses permitted by
9.2.2.42.2.
9.2.2.42.4
Services Required:
In this zone, no building or structure shall be
Erected or used for any purpose permitted by
Subsection 9.2.2.42.2 unless the following services
are available to service the building or structure and
the land on which it is situate.
a)
a municipal water supply system; and
b)
a municipal sanitary sewage system and a
storm sewage system.
9.2.2.42.5
Maximum Number of
Dwelling Units:
single detached dwelling - 1 per lot
9.2.2.42.6
Lot Area:
380 square metres
9.2.2.42.7
Lot Frontage:
12 metres
9.2.2.42.8
Coverage:
40% maximum.
9.2.2.42.9
Front Yard Depth:
6 metres.
9.2.2.42.10 Rear Yard Depth:
9 metres.
9.2.2.42.11 Side Yard Depth:
a)
Interior side yard - 1 metre for a single
detached dwelling.
b)
exterior side yard - 4 metres.
9.2.2.42.12 Height:
a)
11 metres for a single detached dwelling.
b)
6 metres for detached accessory buildings
and structures.
9.2.2.42.13 Ground Floor Area:
a)
1 story detached dwelling- 74 square
metres.
b)
1
ଵ
ଶ story detached dwelling- 60 square
metres.
9.2.2.42.14 Off Street Parking:
1.5 spaces per dwelling unit.
9.2.2.42.15 Exceptions:
The provisions of subsections 9.2.1 (General
Regulations) shall not apply to the area defined in
subsection 9.2.2.42.1.92
9.2.2.43
9.2.2.43.1
Defined Area:
R1-43, as shown on Zoning Map, Part 3(ah).
9.2.2.43.2
Permitted Uses:
(a)
Residential use;
(b)
Home occupations;
(c)
Accessory uses.
9.2.2.43.3
Permitted Buildings and
Structures:
Buildings and structures for the
permitted use.
91 Added new subsections by Clause 5 to By-law 269, December 11th, 2000.
92 Added new subsections by Clause 5 to By-law 569, July 21th, 2003.
9.2.2.43.4
Location of Buildings
and Structures:
Notwithstanding any other provisions of By-law
1507 as amended, no buildings or structures, save
and except for a fence, a dock, or structures
necessary for purposes of flood and erosion control,
shall be located within the area shown hatched on
Schedule "27" to this By-law.
9.2.2.43.5
Front Yard:
6.5 metres for Lot 1 as shown on Schedule "27".
9.2.2.43.6
Services Required:
In this zone, no building or structure shall be
erected or used for any purpose permitted by
subsection 9.2.2.42.2 unless the following services
are available to service the building or structure and
the land on which it is situate.
a)
a municipal water supply system; and
b)
a municipal sanitary sewage system and a
storm sewage system.
9.2.2.43.7
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2 and
9.2.1.7.1 shall not apply to the area defined in
subsection 9 .2.2.43.1.93
9.2.2.44
9.2.2.44.1
Defined Area:
R1-44, as shown on Zoning Map, Part 2(af).
9.2.2.44.2
Permitted Uses:
(a)
Residential use;
(b)
Home occupations;
(c)
Accessory uses.
9.2.2.44.3
Permitted Buildings and
Structures:
Buildings and structures for the permitted use.
9.2.2.44.4
Location of Buildings
and Structures:
Notwithstanding any other provisions of By-law
1507 as amended, buildings and structures
permitted by Subsection 9.2.2.44.3 shall be located
within the "Building Area" as shown on Schedule
"27" to this By-law.
9.2.2.44.5
Exceptions:
The provisions of subsections 9 .2.1.1, 9.2.1.2 and
9.2.1.7 shall not apply to the area defined in
subsection 9 .2.2.44. 1.94
9.2.2.45
9.2.2.45.1
Defined Area:
R1-45, as shown on Zoning Map, Part 5(r).
9.2.2.45.2
Other Permitted
Structures:
A second single detached dwelling unit.
9.2.2.45.3
Minimum Lot Area:
1.0 hectares
9.2.2.45.4
Minimum Lot Frontage:
60 metres
9.2.2.45.5
Exceptions:
The provisions of subsections 9.2.1.3 and 9.2.1.4
shall not apply to the area defined in subsection
9.2.2.45.195
(Note: The following zone designation was duplicated in error and will be corrected in a future
consolidation of the By-law.)
9.2.2.45
9.2.2.45.1
Defined Area:
R1-45, as shown on Zoning Map, Part 1(bh) and
Zoning Map, Part 2(ag).
93 Added new subsection by Clause 3 to By-law 600, October 14th, 2003.
94 Added new subsection by Clause 3 to By-law 620, December 8th, 2003.
95 Added new subsection by Clause 3 to By-law 686, July 26th, 2004.
9.2.2.45.2
Only Permitted Use:
(a)
Single detached dwelling.
(b)
Accessory uses.
9.2.2.45.3
Permitted Buildings
and Structures:
Buildings and structures for the uses permitted by
Subsection 9.2.2.45.2.
9.2.2.45.4
Minimum Lot Area:
6,000 square metres.
9.2.2.45.5
Minimum Dwelling
Unit Ground Floor Area:
(a)
74m2 for a 1 storey dwelling or a split level
dwelling.
(b)
60m2 for a 2 storey dwelling.
9.2.2.45.6
Maximum Number
of Dwelling Units:
17.
9.2.2.45.7
Maximum Building
Height:
2 storeys plus a partial storey to permit a loft within
the attic not to exceed 45% of the floor area of the
second storey.
9.2.2.45.8
Maximum Lot
Coverage:
52%.
9.2.2.45.9
Required Minimum
Number of Parking
Spaces:
(a)
2 spaces for each dwelling.
(b)
9 spaces for visitor parking.
9.2.2.45.10 Building Setback -
Vacant Land
Condominium:
All buildings and structures which form part of a
unit within a Vacant Land Condominium shall
maintain a 1 metre setback from the unit
boundaries. An air conditioning unit may belocated
within the 1 metre setback between two adjacent
dwellings provided a 6 metre separation distance
is maintained between the air conditioning units.
9.2.2.45.11 Definitions:
(a)
For the purposes of paragraph
9.2.2.45.5(a), "split level dwelling" means
a dwelling unit which the first floor above
the finished grade is so constructed as to
create two or more different levels, the
vertical distance between such levels being
always less that the full storey.
(b)
For the purposes of paragraph 9.2.2.45.10,
"Vacant Land Condominium" means, a
declaration and description registered by a
declarant, pursuant to the Condominium
Act1998, that create a corporation in
which, at the time of the registration,
(i)
one or more units are not part of a
building or structure and donot
include any part of a building or
structure; and
(ii)
none of the units are located above
or below any other unit.
(c)
For the purposes of paragraph 9.2.2.45.10,
"unit" means a part of the property
designated as a unit by the description and
includes the space enclosed by its
boundaries and all of the land, structures
and fixtures within this space in accordance
with the declaration and description.
9.2.2.45.12 Exceptions:
The provisions of subsection 9.2.1.shall not apply
to the area affected.96
9.2.2.46
9.2.2.46.1
Defined Area:
R1-46, as shown on Zoning Map, Part 2(ah).
9.2.2.46.2
Other Permitted
Structures:
(a)
Single detached dwelling.
(b)
Accessory Uses.
9.2.2.46.3
Permitted Buildings:
Buildings and structures for the uses permitted by
subsection 9.2.2.46.2.
9.2.2.46.4
Location of Buildings
and Structures:
Buildings and structures permitted by subsection
9.2.2.46.3 shall be erected only within the area
designated "Building Area: on Schedule 29.
9.2.2.46.5
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2, and
9.2.7 shall not apply to the area affected.97
9.2.2.47
9.2.2.47.1
Defined Area:
R1-47, as shown on Zoning Map, Part 2(ai).
9.2.2.47.2
Other Permitted
Structures:
(a)
Single detached dwelling.
(b)
Accessory Uses.
9.2.2.47.3
Permitted Buildings:
Buildings and structures for the uses permitted by
subsection 9.2.2.47.2.
9.2.2.47.4
Minimum Side Yard Depth: 4 feet.
9.2.2.47.5
Exceptions:
The provisions of subsections 9.2.1.7.2 shall not
apply to the area affected.98
9.2.2.48
9.2.2.48.1
Defined Area:
R1-48, as shown on Zoning Map, Part 4(x).
9.2.2.48.2
Additional Permitted Use: A "bed and breakfast establishment" as defined in
subsection 9.2.2.48.3.
9.2.2.48.3
Definition:
For the purposes of this amendment, a Bed and
Breakfast Establishment means a single detached
dwelling in which the owner resides and in which
no more than three rooms are supplied for gain
and profit, with or without meals, for the
temporary accommodation of the travelling public,
but does not include a group home, boarding
house, motel or restaurant.
9.2.2.48.4
Off Street Parking:
One parking space per room made available for
the use permitted by Subsection 9.2.2.48.2 shall
be provided and maintained at all times.99
9.2.2.49
9.2.2.49.1
Defined Area:
R1-49, as shown on Zoning Map, Part 3(ak) and
Part 5(t).
9.2.2.49.2
Applicable Provisions:
The provisions of subsection 9.2.1 and all other
96 Added new subsection by Clause 4 to By-law 937, February 19th, 2004.
97 Added new subsection by Clause 4 to By-law 929, March 26th, 2007.
98 Added new subsection by Clause 3 to By-law 951, March 26th, 2007.
99 Added new subsection by Clause 3 to By-law 1000, September 10th, 2007.
provisions of this by-law applicable to lands,
buildings and structures within R1 Zone shall apply
to the area affected.
9.2.2.49.3
Holding Zone:
(a)
Notwithstanding any other provisions of this
By-law, where the Symbol "h" appears on
Zoning Map 3 (ak) and Part 5 (t) as a prefix
to the R1-49 zone, unless this by-law has
been amended to remove the relevant "h"
symbol,those lands shall not be developed or
used except for uses permitted by paragraph
c). The removal of the "h" symbol from a
Zoning Map Part is subject to the following
requirements:
(b)
Hold Zone Provision:
Record of Site Condition- to ensure that
environmental soil quality fur the binds
meets with the minimum standards of the
Province for residential use, the "h" symbol
shall not be deleted from the area affected
until:
(i)
the Municipality is provided with a
copy of an acknowledgment from a
Director, duly appointed under the
Environmental Protection Act, that a
Record of Site Condition prepared in
accordance with the requirements of
Ontario Regulation 153/04 or
amendments thereto has been filed
in the Provincial Environmental Site
Registry; and
(ii)
the Municipality is provided with a
copy of the Record of Site Condition,
duly signed by a Qualified person,
along with all supporting
documentation.
(c)
Interim Permitted Uses:
Uses existing as of the date of the passing
of this By-law.100
(Note: The following zone designation was duplicated in error and will be corrected in a future
consolidation of the By-law.)
9.2.2.49
9.2.2.49.1
Defined Area:
R1-49, as shown on Zoning Map, Part 1(bm).
9.2.2.49.2
Additional Permitted Use: Duplex dwelling
9.2.2.49.3
Permitted Buildings
and Structures:
Buildings and structures for the uses permitted by
9.2.2.29.2.
9.2.2.49.4
Definition:
For the purposes of this amendment, a "duplex
dwelling" means a building contained two dwelling
unit that are separate horizontally and each of
which has an independent entrance or an entrance
through a common vestibule.101
9.2.2.50
9.2.2.50.1
Defined Area:
R1-50, as shown on Zoning Map, Part 2(ak).
9.2.2.50.2
Only Permitted Use:
(a)
Single detached dwelling.
(b)
Accessory Uses.
100 Added new subsection by Clause 4 to By-law 1176, September 21st, 2009.
101 Added new subsection by Clause 3 to By-law 1185, November 23rd, 2009.
9.2.2.50.3
Permitted Buildings
and Structures:
Buildings and structures for the uses permitted by
subsection 9.2.2.50.2.
9.2.2.50.4
Minimum Side Yard Depth: 4 feet.
9.2.2.50.5
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2 and
9.2.1.7.2 shall not apply to the area affected.102
9.2.2.51
9.2.2.51.1
Defined Area:
R1-51, as shown on Zoning Map, Part 1(bo).
9.2.2.51.2
Additional
Permitted Use:
A "bed and breakfast establishment" as defined in
subsection 9.2.2.51.3.
9.2.2.51.3
Definition:
For the purposes of this amendment, a Bed and
Breakfast Establishment means a single detached
dwelling in which no more than two rooms are
supplied for gain and profit, with or without meals,
for the temporary accommodation of the travelling
public, but does not include a group home,
boarding house, motel or restaurant.
9.2.2.51.4
Off Street Parking:
One parking space per room made available for
the use permitted by Subsection 9.2.2.51.2 shall
be provided and maintained at all times.103
9.2.2.52
9.2.2.52.1
Defined Area:
R1-52, as shown on Zoning Map, Part 2(al).
9.2.2.52.2
Permitted Uses:
(a)
single detached dwelling.
(b)
semi-detached dwelling.
(c)
accessory uses.
9.2.2.52.3
Permitted Buildings:
In this zone, no building or structure shall be
erected except for the uses permitted by subsection
9.2.2.52.2.
9.2.2.52.4
Services Required:
In this zone no building shall be erected or used for
any purpose permitted by subsection 9.2.52.2
unless the following services are available to service
the building or structure and the land on which it is
suitable.
(a)
a water supply system; and
(b)
a sanitary sewage system
9.2.2.52.5
Maximum Lot Area:
(a)
single detached dwelling - 380 square
metres.
(b)
semi-detached dwelling - 300 square metres
per dwelling unit.
9.2.2.52.6
Minimum Lot
Frontage:
(a)
single detached dwelling - 12 metres.
(b)
semi-detached dwelling - 10 metres per
dwelling unit.
9.2.2.52.7
Maximum Coverage:
40% maximum.
9.2.2.52.8
Maximum Number
102 Added new subsection by Clause 3 to By-law 1213, January 25th, 2010.
103 Added new subsection by Clause 3 to By-law 1242, May 10th, 2010.
of Dwelling Units:
(a)
single detached dwelling - 1per lot.
(b)
semi-detached dwelling - 2 per lot.
9.2.2.52.9
Minimum Front
Yard Depth:
6 metres.
9.2.2.52.10 Minimum Rear
Yard Depth:
9 metres.
9.2.2.52.11
Minimum Side
Yard Depth:
(a)
interior side yard - 1 metre
(b)
exterior side yard - 4 metres.
9.2.2.52.12
Maximum Height:
(a)
11 metres for the main building.
(b)
6 metres for detached accessory buildings
and structures.
9.2.2.52.13
Minimum Ground
Floor Area:
(a)
1 story dwelling - 74 square metres.
(b)
1-1/2 story dwelling - 60 square metres.
(c)
2 story dwelling - 42 square metres.
9.2.2.52.14
Minimum Off-Street
Parking:
2 parking spaces per dwelling unit.
9.2.2.52.15
Exceptions:
The provisions of subsection 9.2.1 (General
Regulations) shall not apply to the area defined in
subsection 9.2.2.52.1.104
(Note: The following zone designation was duplicated in error and will be corrected in a future
consolidation of the By-law.)
9.2.2.52
9.2.2.52.1
Defined Area:
R1-52, as shown on Zoning Map, Part 3(al).
9.2.2.52.2
Only Permitted Use:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory Uses.
9.2.2.52.3
Only Permitted Buildings
and Structures:
(a)
A residential dwelling with two dwelling
units existing on the day of passing of this
by-law.
(b)
Accessory buildings and structures.
9.2.2.52.4
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2
9.2.1.9 and 9.2.1.10 shall not apply to the area
defined in subsection 9.2.2.52.1.105
9.2.2.53
9.2.2.53.1
Defined Area:
R1-53, as shown on Zoning Map, Part 4(x).
9.2.2.53.2
Additional
Permitted Use:
A "bed and breakfast establishment" as defined in
subsection 9.2.2.53.3.
9.2.2.53.3
Definition:
For the purposes of this amendment, a Bed and
Breakfast Establishment means a single detached
dwelling in which the owner resides and in which no
more than three rooms are supplied for gain and
profit, with or without meals, for the temporary
accommodation of the travelling public, but does
not include a group home, boarding house, motel
or restaurant.
9.2.2.53.4
Off Street Parking:
One parking space per room made available for
104 Added new subsection by Clause 3 to By-law 1257, June 21st, 2010.
105 Added new subsection by Clause 3 to By-law 1378, 2010.
the use permitted by Subsection 9.2.2.53.2 shall
be provided and maintained at all times.106
9.2.2.54
9.2.2.54.1
Defined Area:
R1-54, as shown on Zoning Map, Part 2(am).
9.2.2.54.2
Permitted Uses:
a)
single detached dwelling
b)
accessory uses.
9.2.2.54.3
Permitted Buildings:
In this zone, no building or structure shall be
erected except for the· uses permitted by
subsection 9.2.2.54.2.
9.2.2.54.4
Services Required:
In this zone, no building or structure shall be
erected or used for any purpose permitted by
subsection 9.2.2.54.2 unless the following services
are available to service the building or structure and
the land on which it is situate.
a)
a water supply system; and
b)
a sanitary sewage system
9.2.2.54.5
Minimum Lot Area:
900 square metres.
9.2.2.54.6
Minimum Lot
Frontage:
12 metres.
9.2.2.54.7
Maximum Coverage:
40% maximum.
9.2.2.54.8
Maximum Number
of Dwelling Units:
1 per lot.
9.2.2.54.9
Minimum Front
Yard Depth:
6 metres.
9.2.2.54.10 Minimum Rear
Yard Depth:
9 metres.
9.2.2.54.11 Minimum Side
Yard Depth:
a)
interior side yard- 1 metre.
b)
exterior side yard- 4 metres.
9.2.2.54.12 Maximum Height:
a)
11 metres for the main building.
b)
6 metres for detached accessory buildings
and structures
9.2.2.54.13 Minimum Ground
Floor Area:
a)
1 storey dwelling- 74 square metres.
b)
1-112 storey dwelling- 60 square metres.
c)
2-storey dwelling- 42 square metres.
9.2.2.54.14 Minimum Off-Street
Parking:
2 parking spaces per dwelling unit.
9.2.2.54.15 Street Reserves:
Notwithstanding any other provision of this by-law,
for the purposes of determining compliance with
the zoning by-law:
a)
a street reserve shall be considered part of
the adjacent street;
b)
where a street reserve exists, for the
purposes of determining the minimum
required front yard depth, exterior side yard
depth or exterior rear yard depth, such
measurement shall be taken from the
common boundary between the road
allowance and the street reserve.
106 Added new subsection by Clause 3 to By-law 1412, December 19th, 2011.
9.2.2.54.16 Exceptions:
The provisions of subsection 9.2.1 (General
Regulations) shall not apply to the area defined in
subsection 9.2.2.54. 107
9.2.2.55
9.2.2.55.1
Defined Area:
R1-55, as shown on Zoning Map, Part 3(am).
9.2.2.55.2
Only Permitted
Buildings and
Structures:
(a)
A townhouse dwelling.
(b)
Accessory buildings and structures.
9.2.2.55.3
Maximum Number
of Dwelling Units:
4
9.2.2.55.4
Front Yard:
7 metres
9.2.2.55.5
Side Yard:
1 metre
9.2.2.55.6
Height:
1 story maximum for the main building.
9.2.2.55.7
Coverage:
40% maximum for the dwelling.
9.2.2.55.8
Frontage:
30 metres.
9.2.2.55.9
Definition:
"townhouse dwelling" means a buildings containing
three or more attached dwelling units in a single
row, each of which dwelling unit has an independent
entrance from the outside and is vertically
separated from any abutting dwelling unit.
9.2.2.55.10 Exceptions:
The provisions of subsections 9.2.1.2, 9.2.1.4
9.2.1.6(a), 9.2..1.7.1(a), 9.2.1.7.2 and 9.2.1.8
shall not apply to the area defined in subsection
9.2.2.55.1.108
(By-law 1677 (R1-56) never passed, application held in abeyance at request of applicant.)
(Note: The following zone designation has a typo on the zone designation (s/b R1-57) and will
be corrected in a future consolidation of the By-law.)
9.2.2.57
9.2.2.57.1
Defined Area:
R1-56, as shown on Zoning Map, Part 1(bp).
9.2.2.57.2
Only Permitted Use:
Residential use.
9.2.2.57.3
Only Permitted
Buildings and
Structures:
(a)
One single detached dwelling on one lot.
(b)
Accessory building and structures.
9.2.2.57.4
Lot Area
185 square metres.
9.2.2.57.5
Lot Depth:
15 metres.
9.2.2.57.6
Front Yard:
.6 metres.
9.2.2.57.7
Side Yard:
1 metre
9.2.2.57.8
Rear Yard:
1.2 metres.
9.2.2.57.9
Coverage:
70% maximum.
9.2.2.57.10
Off-Street Parking:
1 space.
9.2.2.57.11
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2,
9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1.9, 9.2.1.10,
9.2.1.11 and 7.5.2 shall not apply to the area
defined in subsection 9.2.2.57.1.109
107 Added new subsection by Clause 4 to By-law 1440, March26th, 2012.
108 Added new subsection by Clause 3 to By-law 1506, August 27th, 2012.
9.2.2.58
9.2.2.58.1
Defined Area:
R1-58, as shown on Zoning Map,
Part 2(an).
9.2.2.58.2
Only Permitted Use:
Residential Use.
9.2.2.58.3
Only Permitted
Buildings and Structures:
(a)
One single detached dwelling on one lot.
(b)
Accessory buildings and structures.
9.2.2.58.4
Location of Buildings
and Structures:
Buildings and structures shall be located within the
"Building Area" as shown on Schedule 31 to this By-
law.
9.2.2.58.5
Use of Land for
Parking:
No parking lot, parking space or residential
driveway shall be located or used within a front
yard if the area of all such driveways, parking
spaces and parking lots in such yard exceeds 50%
of the area of such yard.
9.2.2.58.6
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2 and
9.2.1.7 shall not apply to the area defined in
subsection 9.2.2.58.1.110
9.2.2.59
9.2.2.59.1
Defined Area:
R1-59, as shown on Zoning Map, Part 2(an).
9.2.2.59.2
Only Permitted Uses:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory uses.
9.2.2.59.3
Only Permitted
Buildings and Structures:
(a)
One single detached dwelling on one lot.
(b)
Accessory buildings and structures.
9.2.2.59.4
Minimum Side Yard:
1.22 metres.
9.2.2.59.5
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2 and
9.2.1.7.2 shall not apply to the area defined in
subsection 9.2.2.59.1.111
9.2.2.60
9.2.2.60.1
Defined Area:
R1-60, as shown on Zoning Map, Part 2(ao).
9.2.2.60.2
Only Permitted Uses:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory uses.
9.2.2.60.3
Only Permitted
Buildings and Structures:
(a)
Eight single detached dwellings existing at
the time of the passing of this by-law.
(b)
Accessory buildings and structures.
9.2.2.60.4
Exceptions:
The provisions of subsection 9.2.1.1 and 9.2.1.2
shall not apply to the area defined in subsection
9.2.2.60.1.112
109 Added new subsection by Clause 3 to By-law 1676, January 20th, 2014.
110 Added new subsection by Clause 4 to By-law 1799, December 22nd, 2014.
111 Added new subsection by Clause 3 to By-law 1829, March 9th, 2015.
112 Added new subsection by Clause 3 to By-law 1948, November 23rd, 2015.
9.2.2.61
9.2.2.61.1
Defined Area:
R1-61, as shown on Zoning Map, Part 5(v).
9.2.2.61.2
Only Permitted Uses:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory uses.
9.2.2.61.3
Only Permitted
Buildings and Structures:
(a)
One single detached dwelling on a lot.
(b)
Accessory buildings and structures.
9.2.2.61.4
Location of Permitted
Buildings and Structures:
Buildings and other structures permitted by
Subsection 9.2.2.61.3 shall only be permitted within
the area marked as "Building Area" on Schedule
"A".
9.2.2.61.5
Exceptions:
The provisions of subsection 9 .2.1.1, 9.2.1.2 and
9.2.1.7 shall not apply to the area defined in
subsection 9.2.2.61.1.113
9.2.2.62
9.2.2.62.1
Defined Area:
R1-62, as shown on Zoning Map, Part 5(v).
9.2.2.62.2
Only Permitted Uses:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory uses.
9.2.2.62.3
Only Permitted
Buildings and Structures:
(a)
One single detached dwelling on a lot.
(b)
Accessory buildings and structures.
9.2.2.62.4
Location of Permitted
Buildings and Structures:
(a)
The location of any buildings and other
structures shall remain as they lawfully exist
on the day of passing of this by-law.
(b)
Subsection 9.2.2.62.4(a) shall not prohibit
the erection of accessory buildings or the
enlargement or extension of buildings or
other structures which are permitted under
the provisions of Subsection 9.2.2.62.3
provided the erection, enlargement or
extension is in conformity with the applicable
provisions of this By-law.
9.2.2.62.5
Rear Yard:
20 metres.
9.2.2.62.6
Exceptions:
The provisions of subsection 7.5.2, 9.2.1.1, 9.2.1.2
and 9.2.1.7.3 shall not apply to the area defined in
subsection 9.2.2.62.1.114
(Note: The following zone designation was duplicated in error and will be corrected in a future
consolidation of the By-law.)
9.2.2.62
9.2.2.62.1
Defined Area:
R1-62, as shown on Zoning Map,
Part 7(b).
9.2.2.62.2
Only Permitted Uses:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory uses.
9.2.2.62.3
Only Permitted
Buildings and Structures:
(a)
One single detached dwelling on one lot.
113 Added new subsection by Clause 3 to By-law 2010, April 25th, 2016.
114 Added new subsection by Clause 5 to By-law 2010, April 25th, 2016.
(b)
Accessory buildings and structures.
9.2.2.62.4
Location of Permitted
Buildings and Structures:
Buildings and structures shall be located
within the "Building Area" as shown on Schedule 32
to this By-law.
9.2.2.62.5
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2
and 9.2.1.7 shall not apply to the area defined in
subsection 9.2.2.62.1.115
9.2.2.63
9.2.2.63.1
Defined Area:
R1-63, as shown on Zoning Map, Part 1(br).
9.2.2.63.2
Only Permitted Uses:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory uses.
9.2.2.63.3
Only Permitted
Buildings and Structures:
(a)
One single detached dwelling on one lot.
(b)
Accessory buildings and structures.
9.2.2.63.4
Location of Permitted
Buildings and Structures:
Buildings and structures shall be located within
the "Building Area" as shown on Schedule 33 to this
By-law.
9.2.2.63.5
Height:
3 stories for the main building.
9.2.2.63.6
Encroachment:
Notwithstanding the provisions of Subsection
9.2.2.63.4, a portico or other unenclosed entrance
covering with a maximum area of 2.5m2 may
encroach within the westerly yard as shown on
Schedule 33, but must maintain a minimum setback
of 0.3 metres from the westerly side lot line.
9.2.2.63.7
Exceptions:
The provisions of subsections 2.3.1, 9.2.1.1,
9.2.1.2, 9.2.1.7 and 9.2.1.8(a) shall not apply to
the area defined in subsection 9.2.2.63.1.116
9.2.2.64
9.2.2.64.1
Defined Area:
R1-64, as shown on Zoning Map, Part 3(an).
9.2.2.64.2
Only Permitted
Buildings and Structures:
(a)
A townhouse dwelling.
(b)
Accessory buildings and structures.
9.2.2.64.3
Maximum Number
of Dwelling Units:
4
9.2.2.64.4
Front Yard:
7 metres.
9.2.2.64.5
Side Yards:
1 metre.
9.2.2.64.6
Rear Yard:
9 metres.
9.2.2.64.7
Height:
1 storey maximum for the main building.
9.2.2.64.8
Coverage:
40% maximum for the dwelling.
10% maximum for accessory structures.
9.2.2.64.9
Frontage:
30 metres.
115 Added new subsection by Clause 5 to By-law 2036, June 27th, 2016.
116 Added new subsection by Clause 4 to By-law 2087, November 28th, 2016.
9.2.2.64.10
Definition:
"townhouse dwelling" means a building
containing three or more attached dwelling units in
a single row, each of which dwelling unit has an
independent entrance from the outside and is
vertically separated from any abutting dwelling unit.
9.2.2.64.11
Severance of Units:
Where a townhouse dwelling is lawfully
erected in accordance with the provisions of this by-
law and any such dwelling and the lot on which it is
located are lawfully severed, the zone requirements
applicable to such townhouse dwelling and the lot
on which it is located as set forth in this Subsection
9.2.2.64, as the case may be, shall apply to each
lot created and the part of the building erected
thereon except that the minimum lot frontage shall
be 6 metres, and the minimum side yards shall be
nil for an interior unit and for an end unit one side
yard shall be nil and 1 meters for the other.
9.2.2.64.12
Exceptions:
The provisions of subsections 9.2.1.2, 9.2.1.4,
9.2.1.6, 9.2.1.7.1(a), 9.2.1.7.2, 9.2.1.7.3 and
9.2.1.8(a) shall not apply to the area defined in
subsection 9.2.2.64.1.117
9.2.2.65
9.2.2.65.1
Defined Area:
R1-65, as shown on Zoning Map, Part 2(ap).
9.2.2.65.2
Permitted Buildings and
Structures:
(a)
Single detached dwelling.
(b)
Accessory buildings and structures.
9.2.2.65.3
Side Yards:
1 metre.
9.2.2.65.4
Rooftop Access:
A covering for rooftop access is permitted above the
second storey, with a maximum area not to exceed
10m2 and a height not to exceed 3.2 metres.
9.2.2.65.5
Exceptions:
The provisions of subsections 9.2.1.2, and 9.2.1.7.2
shall not apply to the area defined in subsection
9.2.2.65.1.118
9.2.2.66
9.2.2.66.1
Defined Area:
R1-66, as shown on Zoning Map, Part 3(ao).
9.2.2.66.2
Additional Permitted Use:
Apartment dwelling.
9.2.2.66.3
Maximum Number of
Dwelling Units:
2119
R1-67 and R1-68 zones deleted by the repeal of By-law 2163 by Clause 1 to By-law 2942,
December 16th, 2024.
9.2.2.69
9.2.2.69.1
Defined Area:
R1-69, as shown on Zoning Maps,
Part 1(bs) and Part 2(ar).
8.2.2.69.2
Additional Permitted
Building:
An apartment dwelling located within the existing
detached garage.120
9.2.2.70
9.2.2.70.1
Defined Area:
R1-70, as shown on Zoning Map, Part 2(as).
9.2.2.70.2
Additional Permitted
Building:
An apartment dwelling located within the detached
garage.121
117 Added new subsection by Clause 3 to By-law 2095, January 9th, 2017.
118 Added new subsection by Clause 3 to By-law 2142, April 24th, 2017.
119 Added new subsection by Clause 3 to By-law 2162, July 24th, 2017.
120 Added new subsection by Clause 4 to By-law 2231, February 26th, 2018.
9.2.2.71
9.2.2.71.1
Defined Area:
R1-71 as shown on Zoning Map, Part 1(bt).
9.2.2.71.2
Only Permitted Use:
Residential Use.
9.2.2.71.3
Only Permitted Buildings
and Structures:
(a)
One single detached dwelling on one lot.
(b)
Accessory buildings and structures.
9.2.2.71.4
Lot Area:
160 square metres.
9.2.2.71.5
Lot Depth:
15 metres.
9.2.2.71.6
Front Yard:
1.0 metre.
9.2.2.71.7
Side Yards:
1.07 metres.
9.2.2.71.8
Rear Yard:
1.42 metres.
9.2.2.71.9
Coverage:
52% maximum.
9.2.2.71.10
Height:
3 storeys maximum for the main building.
9.2.2.71.11
Off-street Parking:
1 space.
9.2.2.71.12
Exceptions:
The provisions of subsections 9.2.1.1, 9.2.1.2,
9.2.1.3, 9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1.8(a),
9.2.1.9, 9.2.1.10, 9.2.1.11 and 7.5.2 shall not
apply to the area defined in subsection
9.2.2.71.1.122
9.2.2.72
9.2.2.72.1
Defined Area:
R1-72, as shown on Zoning Map Parts 2(at) and
3(ap).
9.2.2.72.2
Only Permitted Uses:
(a)
Residential use.
(b)
Accessory uses.
9.2.2.72.3
Only Permitted
Buildings and Structures:
(a)
Single detached dwelling
(b)
Accessory buildings and
structures.
9.2.2.72.4
Minimum Lot Area:
380 square metres.
9.2.2.72.5
Minimum Lot Frontage:
12 metres.
9.2.2.72.6
Maximum Lot Coverage:
40%
9.2.2.72.7
Location of Buildings and
Other Structures:
(i)
Front Yard:
6 metres.
(ii)
Side Yard:
(a) Interior: 1 metre.
(b) Exterior: 3.5 metres.
(iii)
Rear Yard:
6 metres.
9.2.2.72.8
Maximum Height:
(a)
2 stories for the main
building.
(b)
18 feet maximum for
accessory buildings and structures.
9.2.2.72.9
Ground Floor Area:
(a)
1 storey dwelling - 75m2
(b)
1.5 storey dwelling - 60m2
121 Added new subsection by Clause 3 to By-law 2271, June 25th, 2018.
122 Added new subsection by Clause 3 to By-law 2277, July 23rd, 2018.
(c)
2 storey dwelling - 42m2
9.2.2.72.10
Off Street Parking:
2 spaces per dwelling unit.
9.2.2.72.11
Encroachments:
A porch or deck that is covered or
uncovered but not enclosed may encroach into a
required front or rear yard but not more than 2
metres.
9.2.2.72.12
Holding Zone:
Where the symbol "h" appears on a Zoning Map Part or on a Special Zoning Map
Part with a Zone Symbol or Special Zone Symbol, notwithstanding the
provisions of that zone or special zone, unless this by-law has been amended to
remove the relevant "h" symbol, those lands shall not be developed or used
except in compliance with the provisions of the applicable zone, or for such
other uses set out in the relevant Holding Provisions below. The relevant holding
provisions are denoted by the number (if any) immediately following the symbol
"h" on the Zoning Map Part or Special Zoning Map Part.
(a)
Holding Zone Provisions:
h1 - Plan of subdivision - to ensure the orderly development of lands, the
"h1" symbol shall not be deleted until a subdivision agreement is entered
into for the lands in question with the Municipality.
h2 - Municipal Services - to ensure that there is sewage capacity for the
lands in question, the "h2" symbol shall not be deleted until the Director
of Physical Services certifies that in his opinion the Municipality has
adequate uncommitted reserve sewage capacity for the orderly
development of the lands in question.
(b)
Permitted Interim Uses: Existing uses.
9.2.2.72.13
Exceptions:
The provisions of subsection 9.2.1 shall not apply to
the area defined in subsection 9.2.2.72.1.123
9.2.2.73
9.2.2.73.1
Defined Area:
R1-73, as shown on Zoning Map, Part 2(au).
9.2.2.73.2
Permitted Buildings and
Structures:
(a)
A single detached dwelling existing on the
date of passing of this by-law.
(b)
Accessory buildings and structures.
9.2.2.73.3
Side Yards:
1 metre.
9.2.2.73.4
Exceptions:
The provisions of subsections 9.2.1.2, and 9.2.1.7.2
shall not apply to the area defined in subsection
9.2.2.73.1.124
9.2.2.74
9.2.2.74.1
Defined Area:
R1-74, as shown on Zoning Map, Part 2(au).
9.2.2.74.2
Permitted Buildings and
Structures:
(a)
Single detached dwelling.
(b)
Accessory buildings and structures.
9.2.2.74.3
Side Yards:
1 metre.
9.2.2.74.4
Exceptions:
The provisions of subsections 9.2.1.2, and 9.2.1.7.2
shall not apply to the area defined in subsection
9.2.2.74.1.125
9.2.2.75
123 Added new subsection by Clause 4 to By-law 2296, September 24th, 2018.
124 Added new subsection by Clause 3 to By-law 2299, September 24th, 2018.
125 Added new subsection by Clause 5 to By-law 2299, September 24th, 2018.
9.2.2.75.1
Defined Area:
R1-75, as shown on Zoning Map, Part 2(av).
9.2.2.75.2
Only Permitted Uses:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory uses.
9.2.2.75.3
Only Permitted Buildings
and Structures:
(a)
One single detached dwelling on one lot.
(b)
An apartment dwelling located within a
detached garage.
(c)
Accessory buildings and
structures.
9.2.2.75.4
Minimum Front Yard:
7.7 metres.
9.2.2.75.5
Minimum Easterly
1.0 metres.
Side Yard:
9.2.2.75.6
Minimum Westerly
Side Yard:
1.7 metres.
9.2.2.75.7
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2 and
9.2.1.7.2 shall not apply to the area defined in
subsection 9.2.2.75.1.126
R1-76 zone deleted through the repeal of By-law 2350 by Clause 1 to By-law 2916, July 29th,
2024.
9.2.2.77
9.2.2.77.1
Defined Area:
R1-77, as shown on Zoning Map, Parts 4(x) and
5(w).
9.2.2.77.2
Only Permitted Uses:
a)
Residential use.
b)
Accessory uses.
9.2.2.77.3
Only Permitted Buildings
a)
Single detached dwelling
and Structures:
b)
Semi-detached dwelling
c)
Accessory buildings and structures.
9.2.2.77.4
Minimum Lot Area:
380 square metres - Single detached
250 square metres - Semi-detached
9.2.2.77.5
Minimum Lot Frontage:
12 metres - Single detached
9 metres per unit - Semi-detached
9.2.2.77.6
Maximum Coverage:
40% - Single detached
50% - Semi-detached
9.2.2.77.7
Minimum Front Yard:
6 metres.
9.2.2.77.8
Minimum Rear Yard:
7 metres.
9.2.2.77.9
Minimum Side Yard:
a) Interior - 1 metre.
b) Exterior - 3.5 metres.
9.2.2.77.10
Maximum Building Height: 11 metres.
9.2.2.77.11
Ground Floor Area:
1 storey dwelling - 74 square metres.
2 storey dwelling - 42 square metres.
9.2.2.77.12
Off-Street Parking:
2 spaces per dwelling unit.
9.2.2.77.13
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2 and
9.2.1.7.2 shall not apply to the area defined in
126 Added new subsection by Clause 3 to By-law 2319, January 24th, 2019.
subsection 9.2.2.77.1.
9.2.2.77.14
Holding Zone:
Where the symbol "h" appears on a Zoning Map Part or on a Special Zoning
Map Part with a Zone Symbol or Special Zone Symbol, notwithstanding the
provisions of that zone or special zone, unless this by-law has been amended to
remove the relevant "h" symbol, those lands shall not be developed or used
except in compliance with the provisions of the applicable zone, or for such
other uses set out in the relevant Holding Provisions below. The relevant
holding provisions are denoted by the number (if any) immediately following
the symbol "h" on the Zoning Map Part or Special Zoning Map Part.
(a)
Holding Provisions:
i.
Plan of subdivision - to ensure the orderly development of lands, the "h"
symbol shall not be deleted until a subdivision agreement is entered into
for the lands in question with the Municipality.
ii.
Municipal Services - to ensure that there is sewage capacity for the lands in
question, the "h" symbol shall not be deleted until the Director of Physical
Services certifies that in his opinion the Municipality has adequate
uncommitted reserve sewage capacity for the orderly development of the
lands in question.
(b)
Permitted Interim Uses: Existing uses.127
9.2.2.78
9.2.2.78.1
Defined Area:
R1-78, as shown on Zoning Map Part 2(ax).
9.2.2.78.2
Additional Permitted Use:
a)
Accessory residential dwelling.
9.2.2.78.3
Other Permitted Buildings
a)
An apartment dwelling located
and Structures:
within a detached garage.
9.2.2.78.4
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2 shall
not apply to the area defined in subsection
9.2.2.78.1.128
9.2.2.79
9.2.2.79.1
Defined Area:
R1-79, as shown on Zoning Map, Part 2(ay).
9.2.2.79.2
Only Permitted Uses:
(a)
Residential use.
(b)
Home occupations.
(c)
Accessory uses.
9.2.2.79.3
Only Permitted Buildings
(a)
One single detached dwelling
and Structures:
on one lot.
(b)
An apartment dwelling located within a
detached garage.
(c)
Accessory buildings and structures.
9.2.2.79.4
Minimum Side Yards:
1.2 metres.
9.2.2.79.5
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2 and
9.2.1.7.2 shall not apply to the area defined in
subsection 9.2.2.75.1.129
9.2.2.80
9.2.2.80.1
Defined Area:
R1-80, as shown on Zoning Map Part 1(bx).
9.2.2.80.2
Front Yard:
For the purposes of the area defined in subsection
9.2.2.80.1, the front yard shall be determined to be
the northerly property limit.
127 Added new subsection by Clause 5 to By-law 2392, July 22nd, 2019.
128 Added new subsection by Clause 3 to By-law 2400, August 26th, 2019.
129 Added new subsection by Clause 3 to By-law 2399, August 26th, 2019.
9.2.2.80.3
Location of Permitted
Buildings and structures shall be
Buildings and Structures:
located within the "Building Area" as shown on
Schedule 34 to this By-law.
9.2.2.80.4
Exceptions:
The provisions of subsection 9.2.1.7 shall not apply
to the area defined in subsection 9.2.2.80.1.130
9.2.2.81
9.2.2.81.1
Defined Area:
R1-81, as shown on Zoning Map Part 2(az).
9.2.2.81.2
Additional Permitted Use:
Accessory residential dwelling.
9.2.2.81.3
Other Permitted Buildings
An apartment dwelling located
and Structures:
within a detached garage.131
9.2.2.82
9.2.2.82.1
Defined Area:
R1-82, as shown on Zoning Map Part 2(ba).
9.2.2.82.2
Frontage:
10.6 metres
9.2.2.82.3
Exceptions:
The provisions of subsection 9.2.1.4 shall not apply
to the area defined in subsection 9.2.2.82.1.132
9.2.2.83
9.2.2.83.1
Defined Area:
R1-83, as shown on Zoning Map Part 2(ba).
9.2.2.83.2
Side Yards:
1 metre.
9.2.2.83.3
Rear Yard:
6 metres from the toe of the slope.
9.2.2.83.4
Exceptions:
The provisions of subsection 9.2.1.7.2 and 9.2.1.7.3
shall not apply to the area defined in subsection
9.2.2.83.1.133
9.2.2.84
9.2.2.84.1
Defined Area:
R1-84, as shown on Zoning Map Part 2(bb).
9.2.2.84.2
Side Yard:
0.5 metre westerly side yard for the existing
building
9.2.2.84.3
Rear Yard:
6.0 metres
9.2.2.84.4
Exceptions:
The provisions of subsection 9.2.1.7.2 and 9.2.1.7.3
shall not apply to the area defined in subsection
9.2.2.84.1.134
9.2.2.85
9.2.2.85.1
Defined Area:
R1-85, as shown on Zoning Map Part 2(bb).
9.2.2.85.2
Side Yards:
1 metre westerly side yard
2.7 metre easterly side yard
9.2.2.85.3
Rear Yard:
16 metres
9.2.2.85.4
Exceptions:
The provisions of subsection 9.2.1.7.2 and 9.2.1.7.3
shall not apply to the area defined in subsection
9.2.2.85.1.135
(Note: The following zone designation was duplicated in error and will be corrected in a
future consolidation of the By-law.)
130 Added new subsection by Clause 4 to By-law 2405, September 9th, 2019.
131 Added new subsection by Clause 3 to By-law 2402, September 9th, 2019.
132 Added new subsection by Clause 3 to By-law 2421, October 28th, 2019.
133 Added new subsection by Clause 5 to By-law 2421, October 28th, 2019.
134 Added new subsection by Clause 3 to By-law 2444, January 27th, 2020.
135 Added new subsection by Clause 5 to By-law 2444, January 27th, 2020.
9.2.2.85
9.2.2.85.1
Defined Area:
R1-85, as shown on Zoning Map Part 2(bc).
9.2.2.85.2
Additional Permitted Use:
Accessory residential dwelling.
9.2.2.85.3
Other Permitted Buildings
An apartment dwelling located
and Structures:
within a single-detached dwelling.
9.2.2.85.4
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2 shall
not apply to the area defined in subsection
9.2.2.85.1.136
9.2.2.86
9.2.2.86.1
Defined Area:
R1-86, as shown on Zoning Map
Part 3(aq) and Zoning Map Part 4(z).
9.2.2.86.2
Only Permitted Use:
Semi-detached dwelling.
9.2.2.86.3
Permitted Buildings
a)
A semi-detached dwelling unit
and Structures:
as existed at the time of passing of the by-
law
b)
accessory structures.
9.2.2.86.4
Lot Area:
312 square metres
9.2.2.86.5
Frontage:
9.44 metres
9.2.2.86.6
Exceptions:
The provisions of subsection 9.2.1.1, 9.2.1.2,
9.2.1.3 and 9.2.1.4 shall not apply to the area
defined in subsection 9.2.2.86.1. 137
9.2.2.87
9.2.2.87.1
Defined Area:
R1-87, as shown on Zoning Map
Zoning Map Part 4(aa).
9.2.2.87.2
Coverage:
a)
25% maximum for the dwelling;
b)
21% maximum for accessory buildings.
9.2.2.87.3
Front Yard:
6.0 metres
9.2.2.87.4
Side Yard:
2.13 metre northerly side yard and 1.52 metre
southerly side yard.
9.2.2.87.5
Rear Yard:
6.0 metres
9.2.2.87.6
Floor area Ratio:
0.84 maximum
9.2.2.87.7
Deck Minimum Rear Yard:
2.4 metres
9.2.2.87.8
Balcony Minimum
4.82 metres.
Rear Yard:
9.2.2.87.9
Exterior Basement Stairs:
4.82 metres.
9.2.2.87.10
Parking Space:
3.04 x 6.0 metres
9.2.2.87.11
Exceptions:
The provisions of subsection 2.38, 7.5.2,
9.2.1.6(b), 9.2.1.7.1(b). 9.2.1.7.2(a), 9.2.1.7.3,
and 9.2.1.9 shall not apply to the area defined in
subsection 9.2.2.87.1. 138
9.2.2.88
9.2.2.88.1
Defined Area:
R1-88, as shown on Zoning Map Part 2(be).
136 Added new subsection by Clause 3 to By-law 2450, February 10th, 2020.
137 Added new subsection by Clause 3 to By-law 2522, October 13th, 2020.
138 Added new subsection by Clause 3 to By-law 2528, October 26th, 2020.
9.2.2.88.2
Front Yard:
7.5 metres
9.2.2.88.3
Side Yards:
a)
1.0 metre westerly side yard
b)
2.3 metre easterly side yard
9.2.2.88.4
Rear Yard:
4.5 metres from the toe of the slope as shown on
Schedule 35.
9.2.2.88.5
Height:
a)
11 metre maximum for the main building.
Notwithstanding subsection 2.26, building
height shall be measured to the highest
point of the dwelling.
b)
6 metres for detached accessory buildings
and structures.
9.2.2.88.6
Exceptions:
The provisions of subsection 9.2.1.7 and 9.2.1.8
shall not apply to the area defined in subsection
9.2.2.88.1.139
9.2.2.89
9.2.2.89.1
Defined Area:
R1-89, as shown on Zoning Map Part 2(bf).
9.2.2.89.2
Side Yards:
1.2 metres
9.2.2.89.3
Height:
a)
11 metre maximum for the main building.
Notwithstanding subsection 2.26, building
height shall be measured to the highest
point of the dwelling.
b)
6.5 metres for accessory buildings and
structures.
9.2.2.89.4
Exceptions:
The provisions of subsection 9.2.1.7.2 and 9.2.1.8
shall not apply to the area defined in subsection
9.2.2.89.1.140
9.2.2.90
9.2.2.90.1
Defined Area:
R1-90, as shown on Zoning Map Part 2(bz).
9.2.2.90.2
Permitted Buildings and
(a)
Duplex dwelling
Structures:
(b)
Accessory buildings and Structures.
9.2.2.90.3
Lot Depth:
21 metres
9.2.2.90.4
Location of Permitted
(a)
The location of any buildings and
Buildings and Structures:
other structures shall remain as they lawfully
exist on the day of passing of this by-law.
(b)
Subsection 9.2.2.90.4(a) shall not prohibit
the erection of accessory buildings or the
enlargement or extension of buildings or
other structures which are permitted under
the provisions of Subsection 9.2.2.90.2
provided the erection, enlargement or
extension is in conformity with the
applicable provisions of this By-law.
9.2.2.90.5
Exceptions:
The provisions of subsection 9.2.1.2 and
9.2.1.5 shall not apply to the area defined in
subsection 9.2.2.90.1.141
139 Added new subsection by Clause 4 to By-law 2602, June 14th, 2021.
140 Added new subsection by Clause 3 to By-law 2624, August 16th, 2021.
141 Added new subsection by Clause 3 to By-law 2645, October 12th, 2021.
9.2.2.91
9.2.2.91.1
Defined Area:
R1-91, as shown on Zoning Map Part 2(bg).
9.2.2.91.2
Side Yards:
1 metre
9.2.2.91.3
Exception:
The provisions of subsection 9.2.1.7.2 shall not
apply to the area defined in subsection
9.2.2.91.1.142
9.2.2.92
9.2.2.92.1
Defined Area:
R1-92, as shown on Map Par 8(a).
9.2.2.92.2
Additional Permitted
One unit of a townhouse dwelling on
Buildings and Structures:
one lot.
9.2.2.92.3
Frontage:
9.4 metres
9.2.2.92.4
Coverage:
40% maximum
9.2.2.92.5
Front Yard:
7 metres
9.2.2.92.6
Side Yards:
Townhouse dwellings;
3.5 metre exterior side yard and 0 metre interior
side yard along common wall between dwelling
units.
9.2.2.92.7
Maximum Number of
Townhouse Units:
5 per lot
9.2.2.92.8
Definition:
"townhouse dwelling" means a buildings containing
three or more attached dwelling units in a single
row, each of which dwelling unit has an
independent entrance from the outside and is
vertically separated from any abutting dwelling unit.
9.2.2.92.9
Exceptions:
The provisions of subsection 9.2.1.4, 9.2.1.6 and
9.2.1.7.1 shall not apply to the area defined in
subsection 9.2.2.92.1.143
9.2.2.93
9.2.2.93.1.
Defined Area:
R1-93 as shown on Zoning Map Part 3(as). For the
purposes of Section 9.2.1, the existing metal
retaining wall shall be deemed to be the rear lot
line.
9.2.2.93.2.
Additional Permitted Uses: (a) marina facility for the purpose of boat docking
only, having a maximum of 2 docks or 4 berths for
commercial purposes.
9.2.2.93.3
Additional Permitted
(a) accessory buildings and structures for the uses
Buildings and Structures:
permitted in subsection 9.2.2.93.2.
9.2.2.93.4
Coverage:
30 % maximum
9.2.2.93.5
Front Yard:
a)
3.8 m for the existing buildings and
structures as of the day of passing of this
by-law;
b)
7.3 m for new buildings or structures.
9.2.2.93.6
Side Yard:
0.7 m on the north side and 3.5 m on the south
side
9.2.2.93.7
Off -Street Parking:
(a)
dwelling - 2 required spaces in a garage;
(b)
additional residential units - 1 required
space per unit in a garage;
142 Added new subsection by Clause 3 to By-law 2764, February 13th, 2023.
143 Added new subsection by Clause 7 to By-law 2766, February 27th, 2023
(c)
marina facility - 0.5 spaces per berth, not in
a garage.144
9.2.2.94
9.2.2.94.1
Defined Area:
R1-94, as shown on Zoning Map Part 1(ca).
9.2.2.94.2
Lot Area:
185.8 square metres.
9.2.2.94.3
Lot Depth:
15.24 metres.
9.2.2.94.4
Lot Coverage:
52.1%
9.2.2.94.5
Front Yard:
a)
3.96 metres to the main building wall.
b)
1.0 metre for an unenclosed porch.
9.2.2.94.6
Side Yards:
a)
3.52 metre - northerly side yard.
b)
1.2 metre - southerly side yard.
9.2.2.94.7
Rear Yard:
1.2 metres.
9.2.2.94.8
Floor Area Ratio:
0.81 maximum.
9.2.2.94.9
Off-Street Parking:
2 parking spaces.
9.2.2.94.10
Exception:
The provisions of subsection 7.5.2, 9.2.1.3.3,
9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1.9, and 9.2.1.11
shall not apply to the area defined in subsection
9.2.2.94.1.145
9.2.2.95
9.2.2.95.1
Defined Area:
R1-95, as shown on Zoning Map Part 1(ca).
9.2.2.95.2
Lot Area:
185.8 square metres.
9.2.2.95.3
Lot Depth:
15.24 metres.
9.2.2.95.4
Lot Coverage:
52.1%
9.2.2.95.5
Front Yard:
a)
3.96 metres to the main building wall.
b)
1.0 metre for an unenclosed porch.
9.2.2.95.6
Side Yards:
a)
1.2 metre - northerly side yard.
b)
3.52 metre - southerly side yard.
9.2.2.95.7
Rear Yard:
1.2 metres.
9.2.2.95.8
Floor Area Ratio:
0.81 maximum.
9.2.2.95.9
Off-Street Parking:
2 parking spaces.
9.2.2.95.10
Exception:
The provisions of subsection 7.5.2, 9.2.1.3.3,
9.2.1.5, 9.2.1.6, 9.2.1.7, 9.2.1.9, and 9.2.1.11
shall not apply to the area defined in subsection
9.2.2.95.1.146
9.2.2.96
9.2.2.96.1
Defined Area:
R1-96, as shown on Zoning Map Part 2(bh).
9.2.2.96.2
Permitted Buildings
and Structures:
a)
Two existing single detached dwelling units
on one lot as of the date of the passing of
this by-law.
b)
Notwithstanding subsection 7.29 of By-law
144 Added new subsection by Clause 3 to By-law 2743, as ordered approved by the Ontario Lands Tribunal, OLT-22-004835, September 27th, 2023
145 Added new subsection by Clause 4 to By-law 2888, April 18th, 2024
146 Added new subsection by Clause 6 to By-law 2888, April 18th, 2024
No. 1507, as amended, only one (1)
Additional Residential Dwelling Unit shall be
permitted on the area defined under
subsection 9.2.2.96.1.
9.2.2.96.3
Lot Frontage:
7.0 metres.
9.2.2.96.4
Location of Buildings
and Structures:
a)
The location of existing buildings and
structures shall remain as they exist on the
day of the passing of this by-law.
b)
Subsection 9.2.2.96.4 (a) shall not prohibit
the erection of new buildings and structures,
or the enlargement or extension of existing
buildings or structures which are permitted
under the provisions of 9.2.2.96.2 provided
the erection of new buildings and structures,
or the enlargement or extension of existing
buildings or structures complies with the
applicable provisions of By-law No. 1507 as
amended.
9.2.2.96.4
Side Yards:
1.2 metres.
9.2.2.96.5
Exception:
The provisions of subsection 9.2.1.4, 9.2.1.7.2,
shall not apply to the area defined in subsection
9.2.2.96.1.147
9.2.2.97
9.2.2.97.1
Defined Area:
R1-97, as shown on Zoning Map Part 2(bh).
9.2.2.97.2
Permitted Buildings
and Structures:
a)
Buildings and structures for the permitted
uses.
9.2.2.97.3
Location of Buildings
and Structures:
a)
The location of existing buildings and
structures shall remain as they exist on the
day of the passing of this by-law.
b)
Subsection 9.2.2.97.3 (a) shall not prohibit
the erection of new buildings and structures,
or the enlargement or extension of existing
buildings or structures which are permitted
under the provisions of 9.2.2.97.2 provided
the erection of new buildings and structures,
or the enlargement or extension of existing
buildings or structures complies with the
applicable provisions of By-law No. 1507 as
amended.
9.2.2.97.4
Side Yards:
1.2 metres.
9.2.2.97.5
Exception:
The provisions of subsection 9.2.1.7.2 shall not
apply to the area defined in subsection
9.2.2.97.1.148
9.2.2.98
9.2.2.98.1
Defined Area:
R1-98, as shown on Zoning Map Part 2(bi).
9.2.2.98.2
Only Permitted Buildings
and Structures:
a)
Townhouse Dwelling - Maximum of 8 units.
b)
Accessory buildings or structures.
9.2.2.98.3
Lot Frontage:
61 metres.
147 Added new subsection by Clause 4 to By-law 2916, July 29th, 2024
148 Added new subsection by Clause 6 to By-law 2916, July 29th, 2024
9.2.2.98.4
Lot Depth:
53 metres.
9.2.2.98.5
Location of Permitted
a)
The permitted buildings and
Buildings and Structures:
structures identified in Section 9.2.2.98.2
shall be located within the areas shown on
Schedule 36.
b)
Notwithstanding the provisions of Subsection
9.2.2.98.5 a), no buildings or structures,
other than a fence or unitary equipment
shall be permitted in the area designated
open space on Schedule 36 to this by-law,
except a front yard or the identified dripline
buffer.
9.2.2.98.6
Floor Area Ratio:
0.43 maximum
9.2.2.98.7
Ground Floor Area:
91 square metres for a permitted townhouse
dwelling.
9.2.2.98.8
Exception:
The provisions of subsection 9.2.1.4, 9.2.1.5,
9.2.1.7, 9.2.1.9, and 9.2.1.10 shall not apply to the
area defined in subsection 9.2.2.98.1."
9.2.2.98.9
Holding Zone:
Where the symbol "h" appears on a Zoning Map Part or on a Special Zoning Map
Part with a Zone Symbol or Special Zone Symbol, notwithstanding the
provisions of that zone or special zone, unless with by-law has been amended to
remove the relevant "h" symbol, those lands shall not be developed or used
except in compliance with the provisions of the applicable zone, or for such
other uses set out in the relevant Holding Provisions below. The relevant holding
provisions are denoted by the number (if any) immediately following the symbol
"h" on the Zoning Map Part or Special Zoning Map Part.
(a)
Holding Provisions:
i.
Merging of Legal Parcels - To ensure the orderly development of
lands, the "h" symbol shall not be deleted until confirmation has been
received by the Municipality that the existing lots of record (Lots 44,
45, and 46, Registered Plan 223) that comprise the area defined in
Subsection 9.2.2.98.1 have merged.
ii. Road Widening - To ensure the orderly development of lands, the "h"
symbol shall not be deleted until the requested road widening along
George Street has been conveyed to the satisfaction of the
Municipality of Central Elgin.
(b)
Permitted Interim Uses: Existing uses.149
149 Added new subsection by Clause 5 to By-law 2942, December 16th, 2024
9.3
RESIDENTIAL ZONE 2 (R2) REGULATIONS
9.3.1.1
Permitted Uses:
1.
Cluster housing as Defined in subsection
2.10.2.
2.
Accessory uses
9.3.1.2
Permitted Buildings
and Structures:
Buildings and structures for the uses permitted
in subsection 9.3.1.1.
9.3.1.3
Coverage:
40% maximum.
9.3.1.4
Height:
3 stories maximum.
9.3.1.5
Maximum Floor Area:
120 square metres.
9.3.1.6
Off-Street Parking:
and Loading:
1.5 parking spaces per dwelling unit150
9.3.1.7
Maximum Density:
75 dwelling units per net hectare.151
9.3.2 SPECIAL USE REGULATIONS
Notwithstanding other applicable provisions of this by-law, and in addition to the General Use
Regulations contained in subsection 9.3.1, the special regulations contained in this subsection
shall apply to the area or areas defined:
9.3.2.1
9.3.2.1.1
Defined Area:
R2-1, as shown on Zoning Map Part 3(ap).
9.3.2.1.2
Only Permitted Use:
(a)
Apartment dwelling.
(b)
Accessory uses.
9.3.2.1.3
Permitted Buildings
and Structures:
Buildings and structures for the uses permitted by
Subsection 9.3.2.1.2.
9.3.2.1.4
Minimum Lot Frontage:
6 metres.
9.3.2.1.5
Maximum Ground Floor
Area:
3,000m2 for an apartment building.
9.3.2.1.6
Maximum Density:
75 dwelling units per net hectare.
9.3.2.1.7
Maximum Building
Height:
6 storeys.
9.3.2.1.8
Location of Buildings and
Other Structures:
(i)
Front Yard:
7.5 metres.
(ii)
Side Yard:
4.5 metre.
(iii)
Rear Yard:
4.5 metres.
9.3.2.1.9
Required Minimum
Number of Parking
Spaces:
1.5 spaces per dwelling unit.
9.3.2.1.10
Special Setback -
Underground Parking
Facilities:
Notwithstanding the provisions of subsection
9.3.2.1.8, all parts of an underground parking
structure that are not visible from the surface of the
ground may be located within 2.5 metres of any lot
line provided the depth below grade is sufficient to
150 Added new subsection by Clause 5 to By-law 2324, September 14th, 1987.
151 Added new clause by Order of OMB R870546, September 14th, 1987.
not impede root systems of trees and other
landscaping.
9.3.2.1.11
Holding Zone:
Where the symbol "h" appears on a Zoning Map Part or on a Special Zoning Map
Part with a Zone Symbol or Special Zone Symbol, notwithstanding the
provisions of that zone or special zone, unless this by-law has been amended to
remove the relevant "h" symbol, those lands shall not be developed or used
except in compliance with the provisions of the applicable zone, or for such
other uses set out in the relevant Holding Provisions below. The relevant holding
provisions are denoted by the number (if any) immediately following the symbol
"h" on the Zoning Map Part or Special Zoning Map Part.
(a)
Holding Zone Provisions:
h1 - Plan of subdivision - to ensure the orderly development of lands, the
"h1" symbol shall not be deleted until a subdivision agreement is entered
into for the lands in question with the Municipality.
h2 - Municipal Services - to ensure that there is sewage capacity for the
lands in question, the "h2" symbol shall not be deleted until the Director
of Physical Services certifies that in his opinion the Municipality has
adequate uncommitted reserve sewage capacity for the orderly
development of the lands in question.
(b)
Permitted Interim Uses: Existing uses.
9.3.2.1.12
Exceptions:
The provisions of subsections 9.3.1 shall not apply
to the area affected.152
9.3.2.2
9.3.2.2.1
Defined Area:
R2-2, as shown on Zoning Map Parts 2(at) and
3(ap).
9.3.2.2.2
Only Permitted Use:
(a)
Residential use.
(b)
Accessory uses.
9.3.2.2.3
Permitted Buildings
and Structures:
(a)
Single detached dwelling
(b)
Accessory buildings and structures.
9.3.2.2.4
Minimum Lot Area:
10,000 square metres.
9.3.2.2.5
Minimum Dwelling Unit
Ground Floor Area:
(a)
74m2 for a 1 storey dwelling or a split level
dwelling.
(b)
60m2 for a 2 storey dwelling.
9.3.2.2.6
Maximum Number of
Dwelling Units:
8.
9.3.2.2.7
Maximum Building Height: 2 storeys.
9.3.2.2.8
Maximum Lot Coverage:
40%.
9.3.2.2.9
Required Minimum Number
of Parking Spaces:
(a)
2 spaces for each dwelling.
(b)
4 spaces for visitor parking.
9.3.2.2.10
Building Setback - Vacant Land Condominium:
All buildings and structures which form part of a unit within a Vacant Land
Condominium shall maintain a 1 metre setback from the unit boundaries. An air
conditioning unit may be located within the 1 metre setback between two
adjacent dwellings provided a 6 metre separation distance is maintained
between the air conditioning units.
152 Added new subsection by Clause 9 to By-law 2296, September 24th, 2018.
9.3.2.2.11
Definitions:
1.
For the purposes of paragraph 9.3.2.2.5(a), "split level dwelling" means
a dwelling unit in which the first floor above the finished grade is so
constructed as to create two or more different levels, the vertical
distance between such levels being always less than the full storey.
2.
For the purposes of paragraph 9.3.2.2.10, "Vacant Land Condominium"
means, a declaration and description registered by a declarant, pursuant
to the Condominium Act 1998, that create a corporation in which, at the
time of the registration,
(i)
one or more units are not part of a building or structure and do
not include any part of a building or structure; and
(ii)
none of the units are located above or below any other unit.
3.
For the purposes of paragraph 9.3.2.2.10, "unit" means a part of the
property designated as a unit by the description and includes the space
enclosed by its boundaries and all of the land, structures and fixtures
within this space in accordance with the declaration and description.
9.3.2.2.12
Holding Zone:
Where the symbol "h" appears on a Zoning Map Part or on a Special Zoning Map
Part with a Zone Symbol or Special Zone Symbol, notwithstanding the
provisions of that zone or special zone, unless this by-law has been amended to
remove the relevant "h" symbol, those lands shall not be developed or used
except in compliance with the provisions of the applicable zone, or for such
other uses set out in the relevant Holding Provisions below. The relevant holding
provisions are denoted by the number (if any) immediately following the symbol
"h" on the Zoning Map Part or Special Zoning Map Part.
(a)
Holding Zone Provisions:
h1 - Plan of subdivision - to ensure the orderly development of lands, the
"h1" symbol shall not be deleted until a subdivision agreement is entered
into for the lands in question with the Municipality.
h2 - Municipal Services - to ensure that there is sewage capacity for the
lands in question, the "h2" symbol shall not be deleted until the Director
of Physical Services certifies that in his opinion the Municipality has
adequate uncommitted reserve sewage capacity for the orderly
development of the lands in question.
h3 - Natural Heritage - To ensure that significant natural heritage
species and habitat are protected from negative impacts due to
development, the "h3" symbol shall not be removed until such studies
and permits as may be required for the removal of trees and vegetation
within the area, particularly within the eastern woodland, and in the
northwest corner of the subject property where a Category 2 and
Category 3 Butternut are located, and until such further studies, permits,
and/or monitoring for SAR (Butternut, Little Brown Myotis, Northern
Myotis, Tri-colored Bat, and American Badger) as may be required to be
conducted in
consultation with the MNRF Aylmer District in accordance with the
recommendations found in "Seaglass in Port Stanley, Scoped
Environmental Impact Study" prepared by Natural Resource Solutions
Inc. (Project No. 1823, dated February 2018).
(b)
Permitted Interim Uses: Existing uses.
9.3.2.2.13
Exceptions:
The provisions of subsection 9.3.1 shall not apply to
the area affected.153
9.3.2.3
9.3.2.3.1
Defined Area:
R2-3, as shown on Zoning Map Part 1(bw).
9.3.2.3.2
Only Permitted Use:
(a)
Apartment dwelling.
(b)
Accessory uses.
153 Added new subsection by Clause 11 to By-law 2296, September 24th, 2018.
9.3.2.3.3
Permitted Buildings
and Structures:
Buildings and structures for the uses permitted by
Subsection 9.3.2.3.2.
9.3.2.3.4
Minimum Lot Frontage:
45 metres.
9.3.2.3.5
Maximum Ground Floor
Area:
1,400m2 for an apartment building.
9.3.2.3.6
Maximum Number of
Dwelling Units:
62.
9.3.2.3.7
Maximum Building
Height:
5 storeys, but no building or structure shall
exceed a height of 19 metres measured in
accordance with Subsection 2.26 of this By-law.
9.3.2.3.8
Location of Buildings and
Other Structures:
Any building or structure permitted by
subsection 9.3.2.3.3 shall be located a minimum of
3.0 metres from any lot line.
9.3.2.3.9
Encroachments:
A balcony accessory to a dwelling unit may
encroach into the setback required by subsection
9.3.2.3.8 by a maximum of 1.5 metres, however,
no balcony shall be closer than 2.4 metres to the lot
line abutting Edith Cavell Boulevard.
9.3.2.3.10
Lateral Step Backs:
An apartment building permitted by
subsection 9.3.2.3.3 shall incorporate lateral
stepbacks substantially as shown on Schedules 34
and 35 to this by-law.
9.3.2.3.11
Required Minimum
Number of Parking Spaces: 1.5 spaces per dwelling unit.
9.3.2.3.12
Parking Space Size:
The minimum size for a parking space
required by subsection 9.3.2.3.11 shall be 2.75m x
5.5m.
9.3.2.3.13
Exceptions:
The provisions of subsections 9.3.1.1, 9.3.1.2,
9.3.1.4 and 9.3.1.7 shall not apply to the area
defined in subsection 9.3.2.3.1.154
9.3.2.4
9.3.2.4.1
Defined Area:
R2-4, as shown on Zoning Map, Parts 4(x) and
5(w).
9.3.2.4.2
Only Permitted Uses:
a)
Residential use.
b)
Accessory uses.
9.3.2.4.3
Only Permitted Buildings
a)
Cluster housing.
and Structures:
b)
Accessory buildings and structures.
9.3.2.4.4
Maximum Coverage:
50%
9.3.2.4.5
Minimum Front Yard:
7.5 metres.
9.3.2.4.6
Minimum Rear Yard:
1 metres.
9.3.2.4.7
Minimum Side Yard:
a) Interior - 1 metre.
b) Exterior - 3 metres.
9.3.2.4.8
Maximum Building Height: 2 storeys.
9.3.2.4.9
Ground Floor Area:
1 storey dwelling - 74 square metres.
2 storey dwelling - 42 square metres.
154 Subsection approved by Local Planning Appeal Tribunal, Case No. PL180077, June 26, 2020.
9.3.2.4.10
Off-Street Parking:
1.5 spaces per unit.
9.3.2.4.11
Parking Space Size:
For the purposes of subsection 9.3.2.4.8, parking
spaces will be 2.75 metres x 5.5 metres.
9.3.2.4.12
Exceptions:
The provisions of subsection 9.3.1.5, shall not apply
to the area defined in subsection 9.3.2.4.1.
9.3.2.4.13
Holding Zone:
Where the symbol "h" appears on a Zoning Map Part or on a Special Zoning Map
Part with a Zone Symbol or Special Zone Symbol, notwithstanding the provisions
of that zone or special zone, unless this by-law has been amended to remove the
relevant "h" symbol, those lands shall not be developed or used except in
compliance with the provisions of the applicable zone, or for such other uses set
out in the relevant Holding Provisions below. The relevant holding provisions are
denoted by the number (if any) immediately following the symbol "h" on the
Zoning Map Part or Special Zoning Map Part.
(a)
Holding Provisions:
i.
Plan of subdivision - to ensure the orderly development of lands, the "h"
symbol shall not be deleted until a subdivision agreement is entered into for
the lands in question with the Municipality.
ii. Municipal Services - to ensure that there is sewage capacity for the lands in
question, the "h" symbol shall not be deleted until the Director of Physical
Services certifies that in his opinion the Municipality has adequate
uncommitted reserve sewage capacity for the orderly development of the
lands in question.
(b)
Permitted Interim Uses: Existing uses.155
9.3.2.5
9.3.2.5.1
Defined Area:
R2-5, as shown on Zoning Map, Part 4(y) and Part
5(x).
9.3.2.5.2
Only Permitted Uses:
a) Apartment dwelling
b) Accessory uses.
9.3.2.5.3
Permitted Buildings and
Buildings and structures for the uses
Structures:
permitted by Subsection 9.3.2.5.2
9.3.2.5.4
Minimum Lot Area:
4,000 square metres
9.3.2.5.5
Maximum Coverage:
40%
9.3.2.5.6
Minimum Front Yard:
7.5 metres.
9.3.2.5.7
Minimum Rear Yard:
9 metres.
9.3.2.5.8
Minimum Side Yard:
a) Interior - 4.5 metres.
b) Exterior - 6 metres.
9.3.2.5.9
Maximum Building Height: 6 storeys.
9.3.2.5.10
Maximum Ground
3,000 square metres for an apartment
Floor Area:
building.
9.3.2.5.11
Off-Street Parking:
1.5 spaces per unit.
9.3.2.5.12
Parking Space Size:
For the purposes of subsection 9.3.2.5.11, parking
spaces will be 2.75 metres x 5.5 metres.
9.3.2.5.13
Maximum Density:
110 dwelling units per net hectare.
9.3.2.5.14
Exceptions:
The provisions of subsection 9.3.1.5, 9.3.1.6 and
155 Added new subsection by Clause 7 to By-law 2392, July 22nd, 2019.
9.3.1.7 shall not apply to the area defined in
subsection 9.3.2.5.1.
9.3.2.5.15
Holding Zone:
Where the symbol "h" appears on a Zoning Map Part or on a Special Zoning Map
Part with a Zone Symbol or Special Zone Symbol, notwithstanding the provisions
of that zone or special zone, unless this by-law has been amended to remove the
relevant "h" symbol, those lands shall not be developed or used except in
compliance with the provisions of the applicable zone, or for such other uses set
out in the relevant Holding Provisions below. The relevant holding provisions are
denoted by the number (if any) immediately following the symbol "h" on the
Zoning Map Part or Special Zoning Map Part.
(a)
Holding Provisions:
i.
Plan of subdivision - to ensure the orderly development of lands, the "h"
symbol shall not be deleted until a subdivision agreement is entered into
for the lands in question with the Municipality.
ii.
Municipal Services - to ensure that there is sewage capacity for the lands
in question, the "h" symbol shall not be deleted until the Director of
Physical Services certifies that in his opinion the Municipality has
adequate uncommitted reserve sewage capacity for the orderly
development of the lands in question.
(b)
Permitted Interim Uses: Existing uses.156
9.3.2.6
9.3.2.6.1
Defined Area:
R2-6, as shown on Zoning Map, Part 4(y) and Part
5(x).
9.3.2.6.2
Only Permitted Uses:
a) Apartment dwelling
b) Long term care facility
c) Assisted living facility
d) Accessory uses.
9.3.2.6.3
Permitted Buildings and
Buildings and structures for the uses
Structures:
permitted by Subsection 9.3.2.6.2
9.3.2.6.4
Minimum Lot Area:
4,000 square metres
9.3.2.6.5
Maximum Coverage:
40%
9.3.2.6.6
Minimum Front Yard:
7.5 metres.
9.3.2.6.7
Minimum Rear Yard:
9 metres.
9.3.2.6.8
Minimum Side Yard:
a) Interior - 4.5 metres.
b) Exterior - 6 metres.
9.3.2.6.9
Maximum Building Height: 6 storeys.
9.3.2.6.10
Maximum Ground
3,000 square metres for an apartment
Floor Area:
building.
9.3.2.6.11
Off-Street Parking:
a) 1.5 spaces per unit - Apartment dwelling
b) 0.75 spaces per unit - Long term care and
Retirement home
9.3.2.6.12
Parking Space Size:
For the purposes of subsection 9.3.2.6.11, parking
spaces will be 2.75 metres x 5.5 metres.
9.3.2.6.13
Maximum Density:
110 dwelling units per net hectare.
9.3.2.6.14
Definitions:
156 Added new subsection by Clause 4 to By-law 2393, July 22nd, 2019.
1.
For the purposes of paragraph 9.3.2.6.2 b), "Long term care facility"
means a building or part thereof:
a) that is regulated by the Ontario Ministry of Health & Long-Term Care;
b) that is the residence of a person;
c) where residents are provided with twenty-four (24) hour nursing care
and supervision; and
d) where residents are furnished with meals.
2.
For the purposes of paragraph 9.3.2.6.2 c), "Assisted living facility" means
a multi-unit residential building where:
a) individuals reside who require minimal to moderate assistance with
daily living activities such as bathing, toileting, ambulating, and self-
administration of medications; and
b) residents are provided meals.
c) cooking facilities within the dwelling unit shall be limited to a
kitchenette.
9.3.2.6.15
Exceptions:
The provisions of subsection 9.3.2.5, 9.3.2.6 and
9.3.2.7 shall not apply to the area defined in
subsection 9.3.2.6.1."
9.3.2.6.16
Holding Zone:
Where the symbol "h" appears on a Zoning Map Part or on a Special Zoning Map
Part with a Zone Symbol or Special Zone Symbol, notwithstanding the provisions
of that zone or special zone, unless this by-law has been amended to remove the
relevant "h" symbol, those lands shall not be developed or used except in
compliance with the provisions of the applicable zone, or for such other uses set
out in the relevant Holding Provisions below. The relevant holding provisions are
denoted by the number (if any) immediately following the symbol "h" on the
Zoning Map Part or Special Zoning Map Part.
(a)
Holding Provisions:
i.
Plan of subdivision - to ensure the orderly development of lands, the "h"
symbol shall not be deleted until a subdivision agreement is entered into for
the lands in question with the Municipality.
ii. Municipal Services - to ensure that there is sewage capacity for the lands in
question, the "h" symbol shall not be deleted until the Director of Physical
Services certifies that in his opinion the Municipality has adequate
uncommitted reserve sewage capacity for the orderly development of the
lands in question.
(b)
Permitted Interim Uses: Existing uses.157
157 Added new subsection by Clause 6 to By-law 2393, July 22nd, 2019.
BUSINESS ZONES
BUSINESS (B) ZONE REGULATIONS
SECTION 10
10. 1. EXISTING USES IN BUSINESS ZONES
10.1.1.
The height, floor area and location of any buildings and other structures, the floor area
ratio, the size, frontage and depth of the lot on which the buildings and other structures
are located, the front, side and rear yards on such lots, the maximum coverage and the
number and location of off-street parking spaces, shall remain as they lawfully exist on
the day of the passing of this by-law.
10.1.2.
Sub-section 10.1.1. shall not prohibit the erection of accessory buildings or structures,
or the enlargement or extension of buildings or other structures which are permitted
under the provisions of subsections 10.3., 10.4., 10.5. and 10.7. provided the erection,
enlargement or extension is in conformity with the applicable provisions of this by-law
other than sub-section 10.1.1.
10.1.3.
Where the frontage, depth and/or area of a lot on which buildings and other structures
are located is less than that required in sub-sections 10.3., 10.4., 10.5., and 10.7., the
lot frontage, depth and/or area which lawfully exist on the day of the passing of this by-
law shall be the minimum lot frontage, the minimum depth, and minimum lot area of
such lot for the purposes of this by-law.
10.2. BUSINESS ZONE 1 (B1) REGULATIONS
10.2.1 GENERAL USE REGULATIONS
10.2.1.1
Permitted Uses:
a)
Retail Store
b)
Restaurant
c)
Business Office
d)
Personal Service Shop
e)
Dwelling Units above the main or first storey
f)
Accessory Uses
10.2.1.2
Permitted Buildings
and Structures:
No building or structure shall be erected except for
the uses permitted by subsection 10.2.1.1.
10.2.1.3
Lot Frontage:
9 metres.
10.2.1.4
Side Yard:
Nil except where a side yard of a lot in this zone
abuts a residential zone, in which case the
minimum side yard depth of the yard that so abuts
shall be 3 metres.
10.2.1.5
Rear yard:
Nil except where a rear yard of a lot in this zone
abuts a residential zone, in which case the
minimum rear yard depth of the yard that so abuts
shall be 3 metres.
10.2.1.6
Height:
10 metres.
10.2.1.7
Off-Street Parking:
The owner or occupant of a building or structure
erected in the B1 zone and used for a purpose
permitted in the zone shall provide and maintain a
parking lot containing the minimum number of
parking spaces set forth below:
Permitted Purpose or Use
Minimum Number of Parking Spaces
Retail Store
1 space per 50 m2 of floor area
Restaurant
1 space per 50 m2 of floor area
Business Office
1 space per 50 m2 of floor area
Personal Service Shop
1 space per 50 m2 of floor area
Dwelling Units above the
main or first storey
1.25 spaces per dwelling unit
10.2.1.8
Residential Uses:
The minimum floor area of any dwelling unit
erected in any building in this zone shall be as
follows:
Dwelling unit
Floor area
Bachelor
28m2
one bedroom
42m2
two bedroom
56m2
three bedroom
70m2
10.2.1.9
Existing Uses:
(a)
Notwithstanding any other provision in this
by-law, the height and location of any
buildings and other structures and the
frontage of the lot on which the buildings
and other structures are located shall remain
as they lawfully exist on the day of the
passing of this by-law.
(b)
Subsection 1 0.2.1.9(a) shall not prohibit the
erection of accessory buildings or structures,
or the erection, enlargement, or extension of
buildings and other structures which are
permitted under the provisions of subsection
10.2.1 provided the erection, enlargement or
extension is in conformity with the applicable
provisions of this by-law other than
subsection 10.2.1.9(a).
10.2.2 SPECIAL USE REGULATIONS
Notwithstanding any other provisions of this By-law, the special use regulations contained in this
subsection and the general use regulations contained in subsection 10.2 shall, except as hereinafter
provided, apply to the area or areas defined below.
10.2.2.1
10.2.2.1.1
Defined Area:
B1-1 as shown on Zoning Map, Parts 1(aw) and
3(ag).
10.2.2.1.2
Other Permitted
Uses:
Marine Facility
10.2.2.1.3
Other Permitted
Buildings and
Structures:
Buildings and structures for the use permitted in
subsection 10.2.2.1.2.
10.2.2.1.4
Off Street Parking:
.5 parking spaces per berth or mooring
10.2.2.2
10.2.2.2.1
Defined Area:
B1-2 as shown on Zoning Map, Part 1(aw).
10.2.2.2.2
Other Permitted
(a)
a Commercial Fishing Use as defined in
Uses:
subsection 2.10.1. of By-law No. 1507.
10.2.2.2.3
Other Permitted
Buildings and
Structures:
Buildings and structures for the use permitted in
subsection 10.2.2.2.2(a).
(B1-3 property rezoned to B1-12 by Clause 3 to By-law 30, March 23rd, 1998.)
10.2.2.4
10.2.2.4.1
Defined Area:
B1-4 as shown on Zoning Map, Part 1(aw).
10.2.2.4.2
Additional
Permitted Uses:
Manufacturing and assembly of kayaks and boats
within a fully enclosed building.
10.2.2.4.3
Additional Permitted
Buildings and
Structures:
Buildings and Structures for the additional uses
permitted by subsection 10.2.2.4.2.
10.2.2.4.4
Maximum Floor
Area:
25 square metres for the additional uses permitted
By 10.2.2.4.2.
10.2.2.4.5
Minimum Number
of Parking Spaces:
Manufacturing: 1.0 spaces per 25 square metres of
floor area.158
10.2.2.5
10.2.2.5.1
Defined Area:
B1-5 as shown on Zoning Map, Part 3(ag).
10.2.2.5.2
Other Permitted
Uses:
Marine Facility, including the service, repair or
fueling of marine pleasure craft, notwithstanding
subsection 2.34.2 of By-law No. 1507.
10.2.2.5.3
Other Permitted
Buildings and
Structures:
Buildings and structures for the use permitted in
subsection 10.2.2.5.2.159
158 Added new subsection by Clause 4 to By-law 3010, August 12th, 1996.
159 Added new subsection by Clause 6 to By-law 3010, August 12th, 1996.
(B1-6 property rezoned to B1-18 by Clause 2 to By-law 745, January 24th, 2005.)
(B1-7 property rezoned to B1-16 by Clause 2 to By-law 468, June 24th, 2002.)
10.2.2.8
10.2.2.8.1
Defined Area:
B1-8 as shown on Zoning Map, Part 1(aw).
10.2.2.8.2
Other Permitted
Uses:
The storage, cutting and partial assembly of canvas
products for retail sale as an accessory use.
10.2.2.8.3
Height:
22 metres.160
10.2.2.9
10.2.2.9.1
Defined Area:
B1-9 as shown on Zoning Map, Parts 1 (aw) and 3
(ag).
10.2.2.9.2
Other Permitted
Uses:
Tea-room and residential use on the main or first
floor.161
10.2.2.10
10.2.2.10.1 Defined Area:
B1-10 as shown on Zoning Map, Parts 1(aw) and
3(ag).
10.2.2.10.2 Other Permitted
Uses:
Residential use on the main or first floor.162
10.2.2.11
10.2.2.11.1 Defined Area:
B1-11 as shown on Zoning Map, Part 3(ag).
10.2.2.11.2 Only Permitted
Uses:
(a)
pottery
(b)
retail sale of pottery products
(c)
residential use on the main or first floor
(d)
accessory uses.
1 0.2.2.11 .3 Exceptions:
The provisions of subsections 1 0.2.1.1 shall not
apply to the area defined in subsection
10.2.2.11.163
10.2.2.12
10.2.2.12.1 Defined Area:
B1-12 as shown on Map Part 1(ax).
10.2.2.12.2 Other Permitted Uses:
Motel
10.2.2.12.3 Maximum Number of
Motel Units:
2 motel units.
1 0.2.2.12.4 Other Permitted Buildings
and Structures:
Buildings and structures for the use permitted in
subsection 10.2.2.12.2.
1 0.2.2.12.5 Off-Street Parking:
1 parking space per motel unit.164
10.2.2.13
10.2.2.13.1 Defined Area:
B1-13, as shown on Zoning Map, Part 1(ay).
10.2.2.13.2 Additional
Permitted Uses:
(a)
Single detached dwelling;
(b)
Bed and breakfast establishment as defined
in subsection 10.2.2.13.5.
10.2.2.13.3
Permitted
160 Added new subsection by Clause 15 to By-law 3010, August 12th, 1996.
161 Added new subsection by Clause 17 to By-law 3010, August 12th, 1996.
162 Added new subsection by Clause 19 to By-law 3010, August 12th, 1996.
163 Added new subsection by Clause 21 to By-law 3010, August 12th, 1996.
164 Added new subsection by Clause 4 to By-law 30, March 23rd, 1998.
Buildings and
Structures:
Buildings and structures existing on the day of the
passing of this By-law.
10.2.2.13.4 Off Street Parking:
5 parking spaces shall be provided and maintained
at all times.
10.2.2.13.5 Definitions:
The following definition shall apply to the
Defined Area:
Bed and Breakfast Establishment means a single
detached dwelling in which the owner resides and in
which no more than four rooms are supplied for
gain and profit, with or without meals, for the
temporary accommodation of the travelling public,
but does not include a boarding house, motel or
restaurant.
10.2.2.13.5 Exceptions:
The provisions of subsection 10.2.1.2 and 10.2.1.7
shall not apply to the area defined in subsection
10.2.2.13.1.165
10.2.2.14
10.2.2.14.1 Defined Area:
B1-14, as shown on Zoning Map, Part 1(ba).
10.2.2.14.2 Additional
Permitted Uses:
(a)
Performing Arts Theatre;
(b)
Institutional use;
(c)
Art Gallery;
(d)
Meeting and Exhibition Rooms.
1 0.2.2.14.3 Additional
Buildings and structures for the uses permitted by
Permitted Buildings
subsection 10.2.2.14.2.166
and Structures:
10.2.2.15
10.2.2.15.1 Defined Area:
B1-15, as shown on Zoning Map, Part 1(be).
10.2.2.15.2 Additional Permitted
Use:
Inn
10.2.2.15.3
Additional Permitted
Buildings and Structures:
Buildings and structures for the use permitted by
subsection 10.2.2.15.2.
10.2.2.15.4 Definition:
For the purposes of paragraph 10.2.2.15.2 "Inn"
means a building, a group of buildings or part of a
building containing sleeping accommodation for the
public and may contain rooms for meetings and
where persons not necessarily travelers, may, for a
price, obtain sleeping accommodation or meals and
beverages, or hold meetings or engage in
recreational activities.
10.2.2.15.5 Additional Off Street
Parking Requirements:
Inn - 1.25 spaces per room
Meeting rooms - 1 space per 50m2 of floor area.167
10.2.2.16
10.2.2.16.1
Defined Area:
B1-16, as shown on Zoning Map, Part 1(bd).
10.2.2.16.2 Additional Permitted Uses: a) a residential use
b) Inn
10.2.2.16.3 Additional Permitted
Buildings and Structures:
Buildings and structures for the uses permitted by
165 Added new subsection by Clause 3 to By-law 97, April 12th, 1999.
166 Added new subsection by Clause 3 to By-law 113, May 25th, 1999.
167 Added new subsection by Clause 3 to By-law 246, September 25th, 2000.
10.2.2.16.2.
10.2.2.16.4 Height:
11 metres
10.2.2.16.5 Front Yard:
8 metres
10.2.2.16.6 Definition:
For the purposes of paragraph 1 0.2.2.16.2(b ),
"Inn" means a building, a group of buildings or part
of a building containing sleeping accommodation for
the public and may contain rooms for meetings and
where persons not necessarily travelers may, for a
price, obtain sleeping accommodation or meals and
beverages, or hold meetings or engage in
recreational activities.
10.2.2.16.7 Additional Off Street
Parking Requirements:
Residential use - 2 spaces
Inn - 1.25 spaces per room
Meeting rooms - 1 space per 50m2 of
floor area.
10.2.2.16.8 Exceptions:
The provisions of subsections 10.2.1.6 and 10.2.2.7
shall not apply to the area defined in subsection
10.2.2.16.1.168
(B1-17 zone deleted by Clause 1 to By-law 1821, January 26th, 2015.)
10.2.2.18
10.2.2.18.1 Defined Area:
B1-18, as shown on Zoning Maps, Part 1(bf), Part
3(ai) and Part 4(w).
10.2.2.18.2 Other Permitted Uses:
Motel, hotel or tourist cabins.
10.2.2.18.3 Height:
3 storey maximum.
10.2.2.18.4 Off Street Parking:
1 space per hotel /motel suite.
10.2.2.18.4
Exceptions:
The provisions of subsection 10.2.1.6 shall not
apply to the area defined in subsection
10.2.2.18.1.169
10.2.2.19
10.2.2.19.1 Defined Area:
B1-19, as shown on Zoning Map,Part 1(bl).
10.2.2.19.2 Additional
Permitted Use:
A "bed and breakfast establishment'' as defined
in subsection 10.2.2.19.3.
10.2.2.19.3 Definition:
For the purposes of this amendment, a Bed and
Breakfast Establishment means a single detached
dwelling in which the owner resides and in which
no more than four rooms are supplied for gain and
profit, with or without meals, for the temporary
accommodation of the travelling public, but does
not include a group home, boarding house, motel
or restaurant.
10.2.2.19.4
Off-Street Parking:
One parking space per room made available for
the use permitted by Subsection 10.2.2.19.2
shall be provided and maintained at all times.
10.2.2.19.5 Location of
Accessory Building:
A storage shed, with a maximum floor area of
33 square metres,is permitted within the area
defined in Subsection 10.2.2.19.1, subject to
the following:
168 Added new subsection by Clause3 to By-law 468, June 24th, 2002.
169 Added new subsection by Clause 3 to By-law 745, January24th, 2005.
Maximum Height: 5.5 metres.
Setback from
Easterly Lot Line: 0.61 metres.
Setback from
Northerly Lot Line: 0.61 metres.170
10.2.2.20
10.2.2.20.1 Defined Area:
B1-20, as shown on Zoning Maps, Part 1(bn).
10.2.2.20.2 Additional
Permitted Use:
Residential use on the main or first floor.171
10.2.2.21
10.2.2.21.1
Defined Area:
B1-21, as shown on Zoning Map, Part 1(bq).
10.2.2.21.2
Height:
43 feet.
10.2.2.21.3
Exceptions:
The provisions of subsection 10.2.1.6 shall not
apply to the area defined in subsection
10.2.2.21.1.172
10.2.2.22
10.2.2.22.1
Defined Area:
B1-22, as shown on Zoning Map, Part 1(bv).
10.2.2.22.2
Additional Permitted
Use:
Clinic173
10.2.2.23
10.2.2.23.1
Defined Area:
B1-23, as shown on Zoning Map Part 1(by).
10.2.2.23.2
Additional Permitted Uses: Production uses associated to the permitted uses.
10.2.2.23.3
Permitted Buildings and
i)
Buildings that exist at the time
Structures:
of passing of the by-law.
ii)
Accessory structures.
10.2.2.23.4
Exceptions:
The provisions of subsection 2.3.1, 10.2.1.2,
10.2.1.3, 10.2.1.4, 10.2.1.5 and 10.2.1.7 shall not
apply to the area defined in subsection
10.2.2.23.1.174
10.2.2.23
10.2.2.23.1
Defined Area:
B1-23, as shown on Zoning Map, Part 1(bw).
10.2.2.23.2
Exceptions:
The provisions of subsection 10.2.1.5 shall
not apply to the area to the area defined in
subsection 10.2.2.23.1.175
10.2.2.25
10.2.2.25.1
Defined Area:
B1-25, as shown on Zoning Map Part 3(at).
10.2.2.25.2
Additional Permitted Uses: a)
A Medical Centre as defined in subsection
2.34.1;
170 Added new subsection by Clause 3 to By-law 1145, June 8th, 2009.
171 Added new subsection by Clause 3 to By-law 1210, January 18th, 2010.
172 Added new subsection by Clause 4 to By-law 1821, January 26th, 2015.
173 Added new subsection by Clause 3 to By-law 2320, January 14th, 2019.
174 Added new subsection by Clause 3 to By-law 2414, October 15th, 2019.
175 Subsection approved by Local Planning Appeal Tribunal, Case No. PL180077, June 26, 2020.
b)
A Day Nursery as licensed under the Day
Nurseries Act.
10.2.2.25.3
Additional Permitted
Buildings and structures for the uses
Buildings and Structures:
permitted in subsection 10.2.2.25.2.
10.2.2.25.4
Side Yards:
3 metres.
10.2.2.25.5
Off-Street Parking:
A minimum of 5 parking spaces shall be provided.
10.2.2.25.6
Exceptions:
The provisions of subsection 10.2.1.4 shall not
apply to the lands defined in subsection
10.2.2.25.1.176
176 Added new subsection by Clause 5 to By-law 2726, August 18th, 2022.
10.3. BUSINESS ZONE 2 ( B2) REGULATIONS
10.3.1. GENERAL USE REGULATIONS
10.3.1.1.
Permitted Uses:
Automobile service Station.
10.3.1.2.
Lot Frontage:
150 feet.
10.3.1.3.
Lot Depth:
150 feet.
10.3.1.4.
Permitted
Buildings and
Structures:
Buildings and other structures associated with the
permitted uses.
10.3.1.5.
Coverage:
20% maximum
10.3.1.6.
Location of Buildings
and Structures:
10.3.1.6.1.
Front Yard: (a)
60 feet for buildings;
(b)
15 feet for pump islands;
(c)
10 feet for signs;
10.3.1.6.2.
Side Yards:
(a)
15 feet for buildings and pump islands;
(b)
5 feet for signs.
10.3.1.6.3.
Rear Yard:
5 feet.
10.3.1.6.4.
Distance from
Existing Residential
Buildings:
No building or pump island shall be erected less
than 25 feet from an existing residential building.
10.3.2 SPECIAL USE REGULATIONS
Notwithstanding any other provisions of this By-law, the special use regulations contained in this
subsection and the general use regulations contained in subsection 10.3.1 shall, except as hereinafter
provided, apply to the area or areas defined below.
10.3.2.1
10.3.2.1.1
Defined Area:
B2-1 as shown on Zoning Map, Part 1 (f)
10.3.2.1.2
Other Permitted
Uses:
A variety store, a grocery store or a combined
variety-grocery store.
10.3.2.1.3
Other Permitted
Building and
Structures:
Buildings and Structures for the uses permitted by
subsection 10.2.3.1.2
10.3.2.1.4
Location of Uses
Buildings and
Structures:
Uses, buildings and structures shall be located in
accordance with Schedule 10 to this By-law.
10.3.2.1.5
Off-Street Parking:
No use shal1 be made of the area defined in
subsection 10. 3. 2.1.1 or any building or structure
located thereon unless there is provide and
maintained a minimum of 9 parking spaces within
the area designated parking area on Schedule 10 to
this By-law.
10.3.2.1.6
Exceptions:
The provisions of subsections 10.3.1.2, 10. 3.1.3
and 10.3.1.5 to 10.1.6.4 inclusive shall not apply to
uses permitted in the area defined in subsection
10.3.2.1.1.11.177
177 Added new subsection by Clause 1 to By-law 1848, October 2nd, 1978.
10.4. BUSINESS ZONE 3 (B3) REGULATIONS
10.4.1.1.
Permitted Uses:
A motel, motor hotel or tourist cabins, a restaurant
or other commercial eating place, refreshment
stand, fruit or vegetable retail stand.
10.4.1.2.
Permitted
Buildings:
Buildings for permitted uses including accessory
buildings.
10.4.1.3.
Lot Frontage:
(a)
Motel, motor hotel or tourist cabins: 200
feet;
(b)
other permitted uses: 100 feet.
10.4.1.4.
Lot Depth:
200 feet.
10.4.1.5.
Coverage:
25% maximum.
10.4.1.6.
Height:
2 storey maximum.
10.4.1.7.
Location of Buildings
and other Structures:
10.4.1.7.1.
Front Yard: (a)
Buildings: 80 feet.
(b)
Signs: 10 feet.
10.4.1 .7.2. Side Yards: 10 feet.
10.4.1.7·3.
Rear Yard:
10 feet.
10.4.1.8.
Off-street
Parking:
The entire front yard shall be provided for parking
including not more than two driveways having a
maximum width of 25 feet.
10.4.1 .9.
Extended Yards:
Where a Business Zone 3 (B3) abuts a Residential
Zone, a yard of 20 feet shall be provided on the
business lot at all lot lines common to both zones.
10.4.1.10.
Accessory
Residential Use:
One dwelling unit shall be permitted in conjunction
with a Business Zone 3 (B3) use provided the
accessory dwelling unit an area of 4,000 square feet
of land is provided in addition to the minimum area
required for the permitted use.
10.4.2 SPECIAL USE REGULATIONS
Notwithstanding any other provisions of this By-law, the special use regulations contained in this
subsection and the general use regulations contained in subsection 10.4.1 shall, except as hereinafter
provided, apply to the area or areas defined below.
10.4.2.1
10.4.2.1.1
Defined Area:
B3-1 as shown on Zoning Maps, Parts 1(n), 3(j) and
4(k).
10.4.2.1.2
Other Permitted Uses:
A Restricted Business Use.
10.4.2.1.3
Lot Frontage:
35 metres.
10.4.2.1.4
Lot Depth:
59 metres.
10.4.2.1.5
Height:
3 storey maximum.
10. 4.2.1.6
Exceptions:
The provisions of subsections 10.4.1.3, 10.4.1.4,
10.4.1.6 10.4.1.7, 10.4.1.8 10.4.1.9, and 10.4.1.10
shall not apply to the area defined in subsection
10.4.2.1.1.178
(B3-2 property rezoned to B1-18 through By-law 745, January 24th, 2005.)
178 Added new subsection by Clause 4 to By-law 1989, February 2nd , 1981.
(Subsection 10.5 (B4 zone) deleted by Clause 8 to By-law 3010, August 12th, 1996.)
10.6. BUSINESS ZONE 5 (B5) REGULATIONS
1 0.6.1. GENERAL USE REGULATIONS
10.6.1.1
Permitted Uses:
(a)
Any Restricted Business Use carried on
within a completely enclosed building and
with no vehicular traffic into and out of the
front of the building from any front yard, but
not including a shopping centre;
(b)
Institutional Uses;
(c)
Dwelling units above the main or first storey
of the main building;
(d)
Home occupations;
(e)
Accessory uses.
10.6.1.2.
Permitted Buildings:
Buildings for permitted uses.
10.6.1.3.
Lot Frontage:
(a)
30 feet
(b)
15 feet where access is provided to the rear
of the lot from a public lane or road other
than through the front yard of the lot or a
residential zone.
10.6.1.4.
Lot Depth:
165 feet.
10.6.1.5.
Coverage:
40% maximum.
10.6.1.6.
Building Size:
10.6.1.6.1
Where the lot frontage is 15 feet the entire frontage
of the lot shall be occupied by the main building
having a minimum depth, measured from and at
right angles to the building line, of 40 feet and a
minimum height of one storey.
10.6.1.6.2.
Where the lot frontage is more than 15 feet the
main building on the lot shall have a frontage of not
less than 15 feet and a minimum depth measured
from and at right angles to the building line, of 40
feet and a minimum height of one storey.
10.6.1.7.
Height:
(a)
35 feet maximum for the main buildings and
the front wall of the main building shall be
continuous for the full height of the building.
(b)
20 feet maximum for accessory Buildings.
10.6.1.8.
Floor Area Ratio:
0. 80 maximum.
10.6.1.9.
Locations of Buildings
and Structures:
10.6.1.9.1.
Front Yard: 80 feet.
10.6.1.9.2.
Side Yards: (a)
15 feet wide where access to the rear of the
lot is not provided for otherwise:
(b)
No side yard shall be required where access
is provided to the rear of the lot from a
public lane or roadway other than through
the front yard of the lot or a residential
zone;
(c)
Where a side yard must be provided, one
side yard only shall be required;
(d)
Where two side yards are provided, each
side yard shall be 15 feet;
(e)
A side yard at a side street lot line shall not
be required;
(f)
Where a Business Zone 5 (B5) abuts a
Residential Zone, a side yard of 20 feet shall
be provided on the business zone lot at the
side lot line common to both zones.
10.6.1.9.3.
Rear Yard:
35 feet.
10.6.1.9.4.
Accessory
Buildings:
An accessory building shall not be located between
the front lot line and the front of the main building.
10.6.1.10.
Off-Street Parking:
The entire front yard shall be provided for parking
including driveways.
10.6.1.11.
Residential Uses:
(a)
Where sanitary sewers are not available and
dwelling units above the main or first storey
of the main building are provided, for each
dwelling unit an area of 4,000 square feet of
land shall be provided on the lot in addition
to the minimum area required for the
permitted business use.
(b)
The minimum floor area per dwelling unit
shall be 600 square feet not including
stairways and hallways.
10.6 Business Zone 5 (B5) Regulations
10.6.1.1
Permitted Uses:
Commercial Fishing Use as defined in subsection
2.10.1.
10.6.1.2
Permitted Buildings
and Structures:
Buildings and structures for the uses permitted in
subsection 10.6 .1.1.
10.6.1.3
Lot Frontage:
20 metres.
10.6.1.4
Lot Depth:
40 metres.
10.6.1.5
Coverage:
30%.
10.6.1.6
Floor Area Ratio:
0.60 maximum.
10.6.1.7
Height:
10 metres.
10.6.1.8
Front Yard:
6 metres.
10.6.1.9
Side Yards:
3 metres.
10.6.1.10
Rear Yard:
7 metres.
10.6.1.11
Off-Street Parking
and Loading:
Off-street and loading facilities shall be provided on
the same lot on which the use is located and may
be provided in the front, side or rear yard.179
10.6.2 SPECIAL USE REGULATIONS:
Notwithstanding any other provisions of this By-law, the Special Use Regulations contained in this
subsection and the General Use Regulations contained in subsection 10.6 shall, except as hereinafter
provided, apply to the area or areas defined in this subsection.
(B5-1 property rezoned B1-2 through Clause 3 to By-law 2382, June 6th, 1988.)
10.6.2.2
10.6.2.2.1
Defined Area:
B5-2 as shown on the Zoning, Map, Part 1(am);
10.6.2.2.2
Off-Street
Parking:
No use shall be made of the area defined in
subsection 10.6.2.2.1 or any building or structure
located thereon unless there is provided and
maintained five parking spaces.
10.6.2.2.3
Exceptions:
The provisions of subsection 10.6.1.3 to 10.6.1.12
179 Added new section by Clause 5 to By-law 2054, August 9th, 1982.
inclusive shall not apply to uses permitted in the
area defined in subsection 10.6.2.2.1.180
180 Added new section by Clause 5 to By-law 2467, July 24rd , 1989.
10.7. BUSINESS ZONE 6 (B6) REGULATIONS
10.7.1.
GENERAL USE REGULATIONS
10.7.1.1.
Permitted Uses:
(a)
Any Restricted Business Use carried on
within a completely enclosed building and
with no vehicular traffic into and out of the
front of the building from any street or front
yard, but not including a shopping centre;
(b)
Institutional uses;
(c)
Dwelling units above the main or first
storey of the main building;
(d)
Home occupations;
(e)
Accessory uses.
10.7.1.2.
Permitted Buildings:
Buildings for permitted uses.
10.7.1.3.
Lot Frontage:
(a)
30 feet.
(b)
15 feet where access is provided to the rear
of the lot from a public lane or road other
than through the front yard of the lot or a
residential zone.
10.7.1.4.
Lot Depth:
150 feet.
10.7.1.5·
Coverage:
40% maximum.
10.7.1.6.
Building Size:
10.7.1.6.1.
Where the lot frontage is 15 feet the entire frontage
of the lot shall be occupied by the main building
having a minimum depth, measured from and at
right angles to the building line, of 40 feet and a
minimum height of one storey.
10.7.1.6.2.
Where the lot frontage is more than 15 feet the
main building on the lot shall have a frontage of not
less than 15 feet and at right angles to the building
line, of 40 feet and a minimum height of one
storey.
10.7.1.7.
Height:
(a)
35 feet maximum for the main building and
the front wall of the main building shall be
continuous for the full height of the building;
(b)
20 feet maximum for accessory buildings.
10.7.1.8.
Floor Area Ratio:
0.80 maximum.
10.7.1.9.
Location of Buildings
And Structures:
10.7.1.9.1.
Front Yard: A front yard shall not be required.
10.7.1.9.2.
Side Yards:
(a)
15 feet where access to the rear of the lot is
not provided for otherwise.
(b)
No side yard shall be required where access
is provided to the rear of the lot from a
public lane or road other than from the
fronting street or through a residential zone;
(c)
where a side yard must be provided, one
side yard only shall be required;
(d)
Where two side yards are provided, each
side yard shall be 15 feet;
(e)
A side yard at a side street lot line shall not
be required,
(f)
Where a Business Zone 6 (B6) abuts a
Residential Zone, a side yard of 20 feet shall
be provided on the business zone lot at the
side lot line common to both zones.
10.7.1.9.3.
Rear Yard:
35 feet.
10.7.1.10
Off-Street Parking:
One parking space shall be provided for every 600
square feet of lot area on the same lot on which the
use is located, in addition to the rear yard required
in subsection 10.7.1.9.3. of this by-law.
10.7.1.11.
Off-Street Loading:
An area measuring 35 feet at right angles from the
rear face of the main building for the full width of
the lot shall be reserved as a loading area, including
area for the movement and turning of vehicles.
10.7.1.12.
Residential Uses:
(a)
Where sanitary sewers are not available and
dwelling units above the main storey or first
storey of the main buildings are provided,
for each dwelling unit an area of 4,000
square feet of land shall be provided on the
lot in addition to the minimum area required
for the permitted business use;
(b)
The minimum floor area per dwelling unit
shall be 600 square feet not including
stairways and hallways.
10.7.2 SPECIAL USE REGULATIONS
Notwithstanding any other provisions of this by-law, the Special Use Regulations contained in this
subsection and the General Use Regulations contained in subsection 10.7.1 shall, except as
hereinafter provided, apply to the area or areas defined in this subsection.
10.7.2.1.
10.7.2.1.1
Defined Area:
B6-1 as shown on the Zoning Map, Part 1(a).
10.7.2.1.2
Other Permitted
Uses:
Plumbing Shop.181
10.7.2 SPECIAL USE REGULATIONS
Notwithstanding any other provisions of this by-law, the special regulations contained in this
subsection and the general regulations contained in subsection 10.7.1 shall, except as hereinafter
provided, apply to the area or areas defined below:
10.7.2.1
10.7.2.1.1
Exceptions:
The provisions of subsections 10.7.1.4, 10.7.1.9.2
10.7.1.10 and 10.7.1.11 shall Not apply to the
lands and buildings within the defined area.
10.7.2.1.2
Defined Area:
B6-1 as shown on the Zoning Map, Part 3(e).
10.7.2.1.3
Lot Depth:
132 feet
10.7.2.1.4
Location of Buildings
and structures:
10.7.2.1.4.1 Side Yard:
1
ଵ
ଶ feet.182
(No B6-2 zone enacted.)
10.7.2.3
10.7.2.3.1
Defined Area:
B6-3 as shown on the Zoning Map, Part 1(b).
10.7.2.3.2
Permitted Buildings and
Structures:
Buildings for permitted uses, only within the
building area defined in subsection 10.7.2.3.1., and
shown on Zoning Map 1(b).183
181 Added new section by Clause 1 to By-law 1677, April 8th, 1974.
182 Added new section by Clause 1 to By-law 1768, November 15th, 1976.
183 New subsection added by By-law 1880 May 7th, 1979.
10.7.2.3.3
Off-Street Parking:
There shall be provided and maintained at all times
a minimum of five parking spaces within the area
designated "Parking Area" on Schedule 5.
10.7.2.3.4
Planting Area:
The area designated "Planting Area" on Schedule
5 shall not be used except for landscaping purposes
and there shall be provided and maintained at all
times within the "BUFFER Strip" shown on Schedule
5 a row of shrubs which at maturity are at least 4
feet in height and so planted as to substantially
obstruct the view through such hedge.
10.7.2.3.6
Exceptions:
The provisions of sub-sections 10.7.1.4, 10.7.1.6,
10.7.1.9, 10.7.1.10, and 10.7.1.11 shall not apply
to the land defined in sub-section 10.7.2.3.1184
10.7.2.4
10.7.2.4.1
Defined Area:
B6-4 as shown on Zoning Map, Part 3(h).
10.7.2.4.2
Exception:
Notwithstanding the provisions of subsection
10.7.1.10, two parking spaces shall be provided and
maintained within the area defined by subsection
10.7.2.4.1.185
(B6-5 property rezoned to B6-17 by Clause 2 to By-law 1120, February 9th, 2009.)
(B6-6 property rezoned to B1 through Clause 3 to By-law 2385, June 27th, 1988.)
(B6-7 zone deleted by By-law 1965, September 3rd, 1980.)
(B6-8 property rezoned to B1-16 through Clause 2 to By-law 468, June 24th, 2002.)
(B6-9 property rezoned to B1-8 through Clause 14 to By-law 3010, August 12th, 1996.)
(B6-10 property rezoned to B1-9 through Clause 16 to By-law 3010, August 12th, 1996.)
(B6-11 property rezoned to B1-10 through Clause 18 to By-law 3010, August 12th, 1996.)
10.7.2.12
10.7.2.12.1 Defined Area:
B6-12, as shown on Zoning Map, Part 1(v).
10.7.2.12.2
Other Permitted uses:
Residential use on the main or first floor.
10.7.2.12.3
Location of Buildings
and Structures:
No Buildings or structures shall be erected or used
unless erected within the "Building Area" shown on
Schedule 17 to this By-law.
10.7.2.12.4 Off- Street Parking:
No use shall be made of the area defined in
subsection 10.7.2.12.1 or any building or structure
located thereon unless there is provided and
maintained 12 parking spaces within the area
outlined in heavy solid lines on Schedule 18 to this
By-law
10.7.2.12.5 Exceptions:
The provisions of subsections 10.7.1.1 (b), (c) and
(d), 10.7.1.1.4, 10.7.1.1.5, 10.7.1.1.6, 10.7.1.1.9,
10.7.1.1.10, 10.7.1.1.11 and 10.7.1.1.12 shall not
apply to the area defined in subsection
10.7.2.12.1.186
(B6-13 property rezoned to B1-11 through Clause 20 of By-law 3010, August 12th, 1996.)
(B6-14 property rezoned to B1-18 through Clause 2 to By-law 745, January 24th, 2005.)
(B6-15 property rezoned to B1-6 through Clause 9 to By-law 3010, August 12th, 1996.)
184 Added new subsection by Clause 3 to By-law 1836, June 26th, 1978.
185 Added new subsection by Clause 3 to By-law 1841, July 24th, 1978.
186 Added new subsection by Clause 4 to By-law 2198, September 23rd, 1985.
(B6-16 zone deleted by Clause 4 to By-law 97, April 12th, 1999.)
10.7.2.17
10.7.2.17.1 Defined Area:
B6-17, as shown on zoning Map, Part 1(bk).
10.7.2.17.2 Only Permitted Uses:
A "private club" as defined in subsection 2.40.1.
10.7.2.17.3 Permitted
Buildings and
Structures:
Buildings and structures for the use permitted by
subsection 10.7.2.17.2.
10.7.2.17.4 Minimum Lot Area:
1,500 square metres.
10.7.2.17.5 Minimum Interior
Side Yard:
3.05 metres.187
187 Added new subsection by Clause 3 to By-law 1120, February 9th, 2009.
10.8 BUSINESS ZONE 7 (B7) REGULATIONS
10.8.1 GENERAL USE REGULATIONS
10.8.1.1
Permitted Use:
A retail food store.
10.8.1.2
Permitted Buildings
and Structures:
Buildings and structures for the use permitted in
subsection 10.8.1.1.
10.8.1.3
Lot Frontage:
Notwithstanding any other provisions of this By-law,
the front lot line shall be deemed to be the street
boundary line adjacent to Colborn Street (Highway
No. 4) and the minimum lot frontage required shall
be 50 metres.
10.8.1.4
Lot Depth:
73 metres.
10.8.1.5
Maximum Floor Area:
940 square metres.
10.8.1.6
Coverage:
30% maximum.
10.8.1.7
Height:
8 metres.
10.8.1.8
Front Yard:
10 metres.
10.8.1.9
Side Yard:
3 metres.
10.8.1.10
Rear Yard:
3 metres.
10.8.1.11
Off-Street Parking:
Off-street parking and loading facilities shall be
provided on the same lot on which the use is
located and may be located in the front, side or rear
yard.188
188 Added new subsection by Clause 5 to By-law 2140, November 16th, 1984.
INSTITUTIONAL ZONES
INSTITUTIONAL (IN) ZONE REGULATIONS
SECTION 11
11.1 EXISTING USES IN INSTITUTIONAL ZONES
11.1.1. The height, floor area and location of any buildings and other structures, the floor area ratio,
the size, frontage and depth of the lot on which the buildings and other structures are
located, the front, side and rear yards on such lots, the maximum coverage and the number
and location of off-street parking spaces, shall remain as they lawfully exist on the day of
the passing of this by-law.
11.2 INSTITUTIONAL ZONE (IN) REGULATIONS
11.2.1.
GENERAL USE REGULATIONS
11.2.1.1.
Permitted Uses:
Governmental, hospital and religious institutions,
educational institutions under the direction of
Public School Board, the High School Board, and the
Separate School Board, and Public Utilities.
11.2.1.2.
Permitted Buildings:
Buildings for permitted uses.
11.2.1.3.
Location of Buildings
and Structures:
11.2.1.3.1.
Front Yard: 20 feet.
11.2.1.3.2.
Side Yards: 15 feet.
11.2.1.3.3.
Rear Yard:
15 feet.
11.2.1.4.
Off-Street
Parking:
(a)
Governmental uses; 1 parking space for
each 400 square feet of floor space.
(b)
Hospital uses; 5 parking spaces for each 4
beds;
(c)
Religious uses; 1 parking space for each 4
seats in the main auditorium;
(d)
Educational uses;
1.
Elementary Schools;
3 spaces plus 1 space per class-
room;
2.
Secondary Schools:
8 spaces plus 1 space per classroom;
(e)
Public Utilities;
1.
Offices:
1 parking space for each 400 square
feet of floor space;
2.
Service Areas:
1 space for each 9.000 square feet of
service area, up to 5 spaces, plus 1
space for each additional 18,000
square feet of service area.
11.2.2. SPECIAL USE REGULATIONS
Notwithstanding other applicable provisions of this by-law, and in addition to the General Use
Regulations contained in Subsection 11.2.1., the special regulations contained in this Subsection shall
apply to the area or areas defined;
11.2.2.1.
Defined Area:
SIN-1 as shown on the zoning Map Part 3(a) and
Part 5(a);
Permitted Uses:
Institutional uses.
Building Area, Parking
Area and Planting Area:
As shown on Map Part 6.189
189 Subsection revised by By-law 1609.
11.2.2.2
11.2.2.2.1
Defined Area:
IN-2 as shown on the Zoning Map Part 4 (a)
11.2.2.2.2
Other Permitted Uses:
As provided on Schedule "1" to this By-Law
11.2.2.2.3
Other Permitted
Buildings or Structures:
Buildings and structures for the permitted uses.
11.2.2.2.4
Other Requirements:
there shall be provided and maintained at all times
a parking area with not less than 20 spaces and a
planning area as designated on Schedule "1".190
11.2.2.3
11.2.2.3.1
Defined Area:
IN-3 as shown on Zoning Map, Part 3(1).
11.2. 2.3.2
Off-street Parking:
There shall be provided and maintained at all times,
a minimum of 15 parking spaces within the defined
area.
11.2.2.3.3
Exceptions:
The provisions of subsection 11.2.1.4 shall not
apply to the lands defined in subsection
11.2.2.3.1.191
(IN-4 zones as established by By-laws 2037 and 2320 were repealed through Clauses 1 and 2 of
By-law 2726 on August 18th, 2022.)
190 Added new subsection by Clause 1 to By-law 1733, June 7th, 1976.
191 Added new subsection by Clause 4 to By-law 1963, August 25th, 1980.
INDUSTRIAL ZONES
INDUSTRIAL ZONE (C) REGULATIONS
SECTION 12
12.1 EXISTING USES IN INDUSTRIAL ZONES
12.1.1. The height, floor area and location of any buildings and other structures, the floor area ratio,
the size, frontage and depth of the lot on which the buildings and other structures are
located, the front, side and rear yards on such lots, the maximum coverage and the number
and location of off-street parking spaces, shall remain as they lawfully exist on the day of
the passing of this by-law.
12.1.2. Sub-section 12.1.1. shall not prohibit the erection of accessory buildings or structures, or the
enlargement or extension of buildings or other structures. which are permitted under the
provisions of sub-section12.2., provided the erection, enlargement or extension is in
conformity with the applicable provisions of this by-law other than subsection 12.1.1.
12.2 INDUSTRIAL ZONE 1 (C1)REGULATIONS
12.2.1. GENERAL USE REGULATIONS
12.2.1.1.
Permitted Uses:
(a)
Industrial-commercial use;
(b)
Office use in connection with an industrial-
commercial use;
(c)
Industrial-commercial accessory uses;
(d)
Living quarters for a watchman or caretaker
and his family whose duties are essential to
the maintenance of an industrial-commercial
use, and which living quarters shall be
permitted only on the same lot or land
where such industrial-commercial use is
located.
12.2.1.2.
Permitted Buildings and
other Structures:
Buildings and other structures for the permitted
uses.
12.2.1.3.
Lot Area:
15,000 square feet minimum.
12.2.1.4.
Lot Frontage:
100 feet.
12.2.1.5.
Lot Depth:
150 feet.
12.2.1.6.
Coverage:
50% maximum.
12.2.1.7.
Floor area Ratio:
0.50 maximum.
12.2.1.8.
Location of Buildings
and other Structures:
12.2.1.8.1.
Front Yard: 20 feet.
12.2.1.8.2.
Side Yards: 15 feet.
12.2.1.8.3.
Rear Yard:
35 feet.
12.2.1.9.
Off-Street Parking:
An area comprising part of the side or rear yards
and equal to the floor area of the buildings, shall be
available and maintained for the parking of motor
vehicles on the same let on which the use is
located.
12.2.1.10.
Off-Street Loading:
Off-street loading facilities shall be provided on the
same lot on which the use is located and may be
provided in the front, side or rear yard.
12.2.1.11
Adult Entertainment Parlour:
1.
In this zone, no building or structure shall be erected or used for the
purposes of an Adult Entertainment Parlour if the lot on which such Adult
Entertainment Parlour is located is within 500 metres, measured in a
continuous path over the shortest distance, of a residence, a school, a
church, a day nursery or a public park in this zone or any other zone, or
a Residential or Open Space Zone.
2.
An Adult Entertainment Parlour shall be permitted only in a freestanding,
single use building or structure.192
(C1-1 zone deleted by Clause 3 to By-law 2467, July 24th, 1989.)
(C1-2 zone deleted by Clause 4 to By-law 2467, July 24th, 1989.)
12.2.2.3
12.2.2.3.1
Defined Area:
C1-3 as shown on Zoning Map, Part 1(m).
12.2.2.3.2
Other Permitted
Uses:
Repair and sale of antiques and collectables.193
192 Added new subsection by Clause 4 to By-law 310, April 17th, 2001.
12.2.2.4
12.2.2.4.1
Defined Area:
C1-4 as shown on the Zoning Map 3(ae).
12.2.2.4.2
Additional
Permitted Uses:
Naval Reserve Training and Berthing Facility;
Accessory Uses.
12.2.2.4.3.
Additional Permitted
Buildings and
Structures:
Buildings and Structures for the additional uses
permitted by subsection 12.2.2.4.2.
12.2.2.4.4
Lot Area:
0.45 ha
12.2.2.4.5
Minimum Number
of Parking Spaces:
14 spaces.
12.2.2.4.6
Exceptions:
The provisions of subsections 12.2.1.3; 12.2.1.4;
12.2.1.5; 12.2.1.8; and 12.2.1.9; shall not apply to
the area defined in subsection 12.2.2.4.1.194
193 Added new subsection by Clause 3 to By-law 1967, September 15th, 1980.
194 Added new subsection by Clause 4 to By-law 2808, November 22nd, 1993.
DYNAMIC BEACH STANDARD (DBS) REGULATIONS
SECTION 13
13.1 GENERAL USE REGULATIONS
13.1.1.
Defined Area:
DBS as shown on Zoning Map Parts l(av), 2(ab) and
Schedule 22.
13.1.2.
Permitted Uses:
(a)
Conservation and Beach management
practices;
(b)
Beach Recreational Uses.
13.1.3.
Permitted Buildings
(a)
No building or structure shall be erected for
and Structures:
any purpose.
(b)
Notwithstanding subsection 13.1.3 (a) the
following buildings and structures are
permitted:
(i)
Buildings and structures erected by
the Municipal Corporation or
Conservation Authority for uses
permitted by subsection 13.1.2
including, but not limited to, lifeguard
stands and snow or sand fences.195
195 Added new section by Clause 5 to By-law 2999, May 27th, 1996.