Zoning By-law 2013-11, OMB approved September 9, 2014
Chapleau, Ontario
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D14-15-001
Township of Chapleau
Zoning By-Law 2013-11
Approved by the Ontario Municipal Board
September 9, 2014
PREAMBLE
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | I
Preamble
The Township of Chapleau Zoning By-law comprises 13 sections, all of which are
briefly discussed in this section. Further, this Section provides a general description
of how each Section of the By-law should be used. This Section is provided for
information purposes only and does not form part of the By-law.
1.1
SECTIONS OF THE BY-LAW
The Zoning By-law comprises the following Sections:
› Section 1.0 - General: Addresses legal matters of the By-law, including its
name, scope and other matters;
› Section 2.0 - Interpretation: Addresses how the By-law is to be interpreted
with respect to the use and meaning of terms, and the interpretation of special
use regulations;
› Section 3.0 - Administration: Addresses the administration of the By-law
and the relationship of the By-law to issuance of building permits, certificates
of occupancy and other administrative or legal matters;
› Section 4.0 - Definitions: The Zoning By-law is a legal document, and as
such, it must be clear and easily interpreted in order to be effective. Section
4.0 provides the definitions for terms and uses identified within this By-law.
In some cases, the definition of a term may be technical in nature, and as such,
understanding the definitions is critical to ensuring conformity with the
Zoning By-law. For some technical or complex definitions, a diagram may be
provided to help clarify the meaning of a term, for illustration purposes only.
Where a definition for a term is provided in Section 4.0, the term is italicized
in the text of the By-law;
› Section 5.0 - Zones and Zoning Maps: Establishes the zones, zone symbols
and the zoning maps (Schedule A). Section 4.0 also provides provisions
regarding the interpretation of the zoning maps, as well as holding (h) zone
provisions. For convenience, each zone established in the By-law is given a
zone symbol, usually consisting of one or two capitalized letters and possibly
a number, and written with no spaces (e.g., R1 is the zone symbol for the
Residential Type 1 zone). The zoning maps illustrate the zoning of the
Township by assigning zone symbols to delineated areas in the Township.
Since there may be some degree of uncertainty regarding the interpretation of
the zoning maps (i.e., the exact extent of the zones), Section 5.0 also provides
direction on how the zoning maps shall be interpreted;
› Section 6.0 - General Provisions: Contains the provisions that are applicable
to all of the zones, and may be applicable to particular uses, buildings or
PREAMBLE
II | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
structures. All forms of development and all changes in land use must comply
with all of the applicable general provisions. The general provisions regulate
such matters as: general requirements for setbacks, yards, lot frontage, etc.;
uses permitted or prohibited in all zones; specific use regulations;
requirements for parking, access, driveways, and loading; regulations for
accessory uses, buildings and structures; permitted yard encroachments;
regulations regarding landscaping and buffering; and regulations regarding
development in open spaces and hazard lands;
› Sections 7.0-13.0 - Permitted Uses and Zone Regulations: Each zone
identifies the uses that are permitted. The permitted uses are organized in a
tabular format for ease of reference and to allow a comparison of the
permitted uses across the particular zones. Each of the permitted uses are
subject to the applicable Zone Regulations provided in the corresponding
section in addition to the General Provisions and the site specific
qualifications provided in Section 6.0, where applicable;
Each zone may also include a number of exception zones, which are listed
following the lot and building regulations for each zone. Exception zones are
usually applied to a single property, but may be applicable to more than one
property. Exception zones may provide specific regulations, additional
permitted uses, or a restricted list of permitted uses that apply to all properties
that are zoned with the exception. Unless specifically stated in the regulations
for each exception zone, the zone regulations that apply to the parent zone, the
general provisions (Section 6.0), the list of permitted uses and the applicable
zone regulations will still apply to the exception zone; and
› Schedule A: Illustrates the zoning of the Township. The Schedule should be
read in conjunction with the text of this Zoning By-law.
TABLE OF CONTENTS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | III
TABLE OF CONTENTS
PREAMBLE ................................................................................................................................ I
1.1
SECTIONS OF THE BY-LAW .................................................................................................. I
TABLE OF CONTENTS ............................................................................................................ III
1.0
GENERAL ................................................................................................................1
1.2
TITLE .................................................................................................................................... 1
1.3
APPLICATION........................................................................................................................ 1
1.4
SCOPE ................................................................................................................................... 1
1.5
DEEMED TO COMPLY WHERE BUILDING PERMITISSUED .................................................. 1
1.6
REPLACEMENT OF EXISTING BY-LAWS ............................................................................... 1
1.7
APPLICATION OF OTHER BY-LAWS..................................................................................... 1
1.8
GREATER RESTRICTIONS OF OTHERS TO GOVERN ............................................................ 1
1.9
VALIDITY AND SEVERABILITY ............................................................................................. 2
1.10
EFFECTIVE DATE ................................................................................................................. 2
2.0
INTERPRETATION ........................................................................................................3
2.1
GENERAL .............................................................................................................................. 3
2.2
SPECIAL USE REGULATIONS FOR DEFINED AREAS ............................................................ 3
3.0
ADMINISTRATION ........................................................................................................5
3.1
ADMINISTRATION ................................................................................................................. 5
3.2
LICENSES AND PERMITS ....................................................................................................... 5
3.3
BUILDINGS TO BE MOVED .................................................................................................... 5
3.4
CERTIFICATES OF OCCUPANCY ........................................................................................... 5
3.5
BUILDING PERMITS .............................................................................................................. 5
3.6
APPLICATION FOR CERTIFICATE OF OCCUPANCY AND BUILDING PERMIT....................... 5
3.7
INSPECTION OF PREMISES .................................................................................................... 6
3.8
INJUNCTION .......................................................................................................................... 6
3.9
VIOLATIONS AND PENALTIES............................................................................................... 6
4.0
DEFINITIONS ................................................................................................................8
5.0
ZONES AND ZONING MAPS ........................................................................................47
5.1
GENERAL ............................................................................................................................ 47
5.2
ESTABLISHMENT OF ZONES ............................................................................................... 47
5.3
USE OF ZONE SYMBOLS ..................................................................................................... 48
5.4
DEFINED AREAS ................................................................................................................. 48
5.5
HOLDING ZONE (H) PROVISIONS ....................................................................................... 48
5.6
INCORPORATION OF ZONING MAPS .................................................................................. 49
5.7
APPLICATION OF REGULATIONS........................................................................................ 49
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IV | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
5.8
INTERPRETATION OF ZONE AND DEFINED AREA BOUNDARIES ....................................... 49
6.0
GENERAL PROVISIONS .............................................................................................. 51
6.1
APPLICATION OF GENERAL PROVISIONS .......................................................................... 53
6.2
ACCESSORY DWELLING UNIT ........................................................................................... 53
6.3
ACCESSORY USES, BUILDINGS AND STRUCTURES ............................................................ 54
6.4
AGRICULTURAL HOME OCCUPATION ............................................................................... 55
6.5
AUTOMOBILE SERVICE STATION, AUTOMOBILE REPAIR ESTABLISHMENT AND
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT ..................................................... 56
6.6
BALCONIES, DECKS AND PATIOS ....................................................................................... 57
6.7
BED AND BREAKFAST ESTABLISHMENT ............................................................................ 57
6.8
BOAT DOCK ........................................................................................................................ 58
6.9
BUFFER STRIP .................................................................................................................... 58
6.10
CONFORMITY WITH EXISTING SETBACKS ........................................................................ 59
6.11
CONVERSION OF SEASONAL DWELLINGS FOR PERMANENT OCCUPANCY ...................... 59
6.12
CONVERTED DWELLING .................................................................................................... 60
6.13
DANGEROUS USES .............................................................................................................. 60
6.14
EXISTING LOT .................................................................................................................... 60
6.15
NATURAL HAZARDS AND FLOOD PROTECTION PROVISIONS ........................................... 61
6.16
GROUP HOME DWELLING ................................................................................................. 61
6.17
HEIGHT RESTRICTION EXCEPTIONS ................................................................................. 62
6.18
HOME INDUSTRY ................................................................................................................ 62
6.19
HOME OCCUPATION .......................................................................................................... 63
6.20
KENNEL .............................................................................................................................. 65
6.21
LANDSCAPED OPEN SPACE ................................................................................................ 65
6.22
LANDSCAPING AND BUFFERING......................................................................................... 66
6.23
LANDS EXHIBITING HAZARDOUS CONDITIONS ................................................................ 66
6.24
LICENCES, PERMITS, AND OTHER BY-LAWS ..................................................................... 66
6.25
MINIMUM DISTANCE SEPARATION ................................................................................... 66
6.26
ENVIRONMENTAL PROTECTION SETBACKS .......................................................... 67
6.27
NON-COMPLIANCE WITH ZONE REQUIREMENTS ............................................................. 67
6.28
NON-CONFORMING USES .................................................................................................. 68
6.28.1
Continuation of Existing Uses ........................................................................................... 68
6.28.2
Building Permit Issued ....................................................................................................... 68
6.28.3
Deemed to Comply with this By-law ................................................................................. 68
6.28.4
Permitted Exterior Extension ............................................................................................. 68
6.28.5
Permitted Interior Alteration .............................................................................................. 68
6.28.6
Restoration to a Safe Condition ......................................................................................... 69
6.28.7
Discontinued Non-Conforming Use ................................................................................... 69
6.28.8
Replacement of Non-Conforming Building or Structures .................................................. 69
6.29
NOXIOUS USES ................................................................................................................... 69
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6.30
NURSERY AND GARDEN STORE .......................................................................................... 69
6.31
OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS ..................................................... 70
6.32
OUTDOOR STORAGE ........................................................................................................... 70
6.33
PARKING, LOADING AND ACCESS REQUIREMENTS .......................................................... 71
6.33.1
Parking Requirements ........................................................................................................ 71
6.33.2
Parking Areas and Other Parking Provisions ..................................................................... 75
6.33.3
Loading Regulations........................................................................................................... 77
6.33.4
Driveway Regulations ........................................................................................................ 78
6.34
PERMITTED ENCROACHMENTS IN REQUIRED YARDS ...................................................... 79
6.34.1
Encroachment and Height of Fencing and Landscaping .................................................... 80
6.35
PERMITTED PUBLIC AND OTHER SERVICES ...................................................................... 80
6.36
RECONSTRUCTION OF EXISTING BUILDING ...................................................................... 81
6.37
RESOURCE EXTRACTION OR EXPLORATION USE ............................................................. 81
6.38
SATELLITE DISHES ............................................................................................................. 81
6.39
SECONDARY DWELLING UNITS ............................................................................... 82
6.40
SEPARATION OF DWELLINGS FROM RAILWAYS ................................................................ 83
6.41
SERVICING REQUIREMENTS FOR ALL DEVELOPMENT ..................................................... 83
6.42
SETBACKS ON STREETS ...................................................................................................... 83
6.43
SIGHT VISIBILITY TRIANGLES ........................................................................................... 83
6.44
SIGNS AND FENCES ............................................................................................................. 84
6.45
STREET FRONTAGE REQUIRED .......................................................................................... 84
6.46
THROUGH LOTS ................................................................................................................. 85
6.47
YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES ..................................................... 85
6.48
TEMPORARY CONSTRUCTION USES .................................................................................. 85
6.49
TRAILER OR BOAT STORAGE ............................................................................................. 85
6.50
TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN
HABITATION OR STORAGE ................................................................................................ 85
6.51
UNLAWFUL USES ................................................................................................................ 86
6.52
USES PERMITTED IN ALL ZONES ........................................................................................ 86
6.53
USES PROHIBITED IN ALL ZONES....................................................................................... 86
6.54
PORTABLE ASPHALT AND CONCRETE PLANTS AND WAYSIDE PITS AND QUARRIES ....... 88
7.0
URBAN RESIDENTIAL ZONES ....................................................................................89
7.1
PERMITTED USES ............................................................................................................... 89
7.2
RESIDENTIAL DENSITY ZONE 1 (R1): ZONE REQUIREMENTS .......................................... 90
7.2.1
Residential Uses ................................................................................................................. 90
7.2.2
Non-Residential Uses ......................................................................................................... 91
7.3
RESIDENTIAL DENSITY ZONE 1 (R1): EXCEPTIONS .......................................................... 91
7.4
RESIDENTIAL DENSITY ZONE 2 (R2): ZONE REQUIREMENTS .......................................... 93
7.4.1
Residential Uses: R2 Zone Uses Not Permitted in R1 Zones ............................................. 93
7.4.2
Residential Uses: R2 Uses Permitted in R1 Zones ............................................................. 94
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VI | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
7.4.3
Non-Residential Uses ......................................................................................................... 94
7.5
RESIDENTIAL DENSITY ZONE 2 (R2): EXCEPTIONS ......................................................... 94
7.6
RESIDENTIAL MULTIPLE DENSITY ZONE 1 (RM1): ZONE REQUIREMENTS ................... 96
7.6.1
Residential Uses ................................................................................................................. 96
7.6.2
Non-Residential Uses ......................................................................................................... 96
7.7
RESIDENTIAL MULTIPLE DENSITY ZONE 2 (RM2): ZONE REQUIREMENTS ................... 97
7.8
RESIDENTIAL MULTIPLE DENSITY ZONE 2 (RM2): EXCEPTIONS ................................... 98
7.9
RESIDENTIAL MOBILE HOME ZONE (RMH): ZONE REQUIREMENTS ............................. 99
8.0
COMMERCIAL ZONES ............................................................................................. 100
8.1
PERMITTED USES ............................................................................................................. 100
8.2
TOWN CENTRE COMMERCIAL ZONE (TC): ZONE REQUIREMENTS .............................. 102
8.2.1
Non-Residential Uses ....................................................................................................... 102
8.2.2
Residential Uses ............................................................................................................... 103
8.3
TOWN CENTRE COMMERCIAL ZONE (TC): EXCEPTIONS .............................................. 104
8.4
CORRIDOR COMMERCIAL ZONE (CC): ZONE REQUIREMENTS ................................. 105
8.4.1
Non-Residential Uses ....................................................................................................... 105
8.4.1.1
Regulations for Gasoline Pump Locations .............................................................. 105
8.4.1.2
Regulations for the Provision of Driveways ........................................................... 106
8.4.1.3
Regulations for Car Washes .................................................................................... 106
8.5
CORRIDOR COMMERCIAL ZONE (CC): EXCEPTIONS ................................................. 107
8.6
NEIGHBOURHOOD COMMERCIAL ZONE (NC): ZONE REQUIREMENTS .................. 113
8.7
NEIGHBOURHOOD COMMERCIAL ZONE (NC) EXCEPTIONS ................................... 113
9.0
INDUSTRIAL ZONES ................................................................................................. 115
9.1
PERMITTED USES ............................................................................................................. 115
9.2
LIGHT INDUSTRIAL ZONE (M1): ZONE REQUIREMENTS ............................................... 116
9.2.1
Uses Other than Automobile Service STations and Car Washes ..................................... 116
9.2.2
Automobile Service STations and Car Wash uses ........................................................... 117
9.3
LIGHT INDUSTRIAL ZONE (M1): EXCEPTIONS ............................................................... 117
9.4
GENERAL INDUSTRIAL ZONE (M2): ZONE REQUIREMENTS .......................................... 119
10.0
INSTITUTIONAL ZONES ........................................................................................... 120
10.1
PERMITTED USES ............................................................................................................. 120
10.2
INSTITUTIONAL ZONES (I): ZONE REQUIREMENTS ........................................................ 120
10.3
INSTITUTIONAL ZONES (I): EXCEPTIONS ........................................................................ 121
11.0
RURAL ZONES ......................................................................................................... 122
11.1
PERMITTED USES ............................................................................................................. 122
11.2
RURAL ZONE (RU): ZONE REQUIREMENTS .................................................................... 123
11.2.1
Non-Residential Uses ....................................................................................................... 123
11.2.2
Residential Uses ............................................................................................................... 124
11.3
RURAL ZONE (RU): EXCEPTIONS ................................................................................... 124
12.0
OPEN SPACE ZONES ................................................................................................ 125
12.1
PERMITTED USES ............................................................................................................. 125
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12.2
PUBLIC OPEN SPACE ZONES (OS1) AND PRIVATE OPEN SPACE ZONES (OS2): ZONE
REQUIREMENTS ............................................................................................................... 126
12.3
PUBLIC OPEN SPACE ZONES (OS1): EXCEPTIONS .......................................................... 126
13.0
ENVIRONMENTAL PROTECTION (EP) AND HAZARD LANDS ZONES (HL) ...........127
13.1
PERMITTED USES ............................................................................................................. 127
13.2
ENVIRONMENTAL PROTECTION ZONE REQUIREMENTS ................................................ 127
13.3
HAZARD LANDS ZONES (HL): EXCEPTIONS .............................................................. 128
13.4
ENVIRONENTAL PROTECTION ZONES (EP): EXCEPTIONS ................................... 129
Schedule A: Zone Maps
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VIII | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
1.0 GENERAL
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 1
1.0 General
1.2
TITLE
This By-law may be cited as the "Township of Chapleau Zoning By-law."
1.3
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the
Corporation of the Township of Chapleau.
1.4
SCOPE
No lands shall be used and no buildings or structures shall be erected, structurally
altered or enlarged, or used, within the Township of Chapleau except in conformity
with the provisions of this By-law.
1.5
DEEMED TO COMPLY WHERE BUILDING
PERMITISSUED
Where a building permit has been issued for a building or structure in accordance
with the Ontario Building Code, and such building or structure does not comply with
this By-law, such building or structure shall be deemed to comply with this By-law.
1.6
REPLACEMENT OF EXISTING BY-LAWS
From the coming into force of this By-law, all previous by-laws passed under Section
34 of the Planning Act, or a predecessor thereof, shall be replaced by the provisions
of this By-law, except to the extent that any of the said By-laws prohibit the use of
any land, building or structure for a purpose that is also prohibited by this By-law.
1.7
APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any person from the obligation to
comply with the requirements of the Ontario Building Code or any other By-law of
the Township in force from time to time or the obligation to obtain any license,
permit, authority or approval required under any By-law or by the Township or by
any other regulation of the Province of Ontario or Government of Canada.
1.8
GREATER RESTRICTIONS OF OTHERS TO GOVERN
Nothing in this By-law shall reduce the severity of restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restriction.
1.0 GENERAL
2 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
1.9
VALIDITY AND SEVERABILITY
Should any Section, clause or provision of this By-law, including any part of the
zones as shown on Schedule A, be held by a court of competent jurisdiction to be
invalid, the validity of the remainder of the By-law shall not be affected.
1.10 EFFECTIVE DATE
This By-law shall come into force on the date of passage by the Council of the
Township of Chapleau.
2.0 INTERPRETATION
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 3
2.0 Interpretation
2.1
GENERAL
(a) Minimum Requirements: In interpreting and applying the provisions of
this By-law, the said provisions are held to be the minimum requirements
for the promotion of the health, safety, comfort, convenience, and general
welfare of the inhabitants of the Township.
(b) Except for those specifically stated as being maximum, any numerical
figures in this By-law shall be the minimum requirements.
(c) Meaning of Use: Unless the context otherwise requires, the expression
"use" (as a verb) or "to use" in this By-law, shall include anything done or
permitted by the owner or occupant of any land, building, or structure,
directly or indirectly or by or through any trustee, tenant, servant or agent,
acting for or with the knowledge or consent of such owner or occupant, for
the purpose of making use of the said land, building or structure.
(d) Meaning of 'Shall': In this By-law, the word 'shall' will always be
construed as mandatory.
(e) Meaning of 'Building' or 'Structure': A 'building' or 'structure' as
defined herein shall include any part thereof.
(f) Number and Gender: In this By-law, words importing the singular number
or the masculine gender only shall include more persons, parties, or things
of the same kind than one, and females as well as males, and the converse,
unless a contrary intention appears.
2.2
SPECIAL USE REGULATIONS FOR DEFINED AREAS
To each defined area within any zone, special use regulations established by this By-
law may be applied with respect to such defined area and, in addition to such special
regulations, all provisions of this By-law, including the general regulations applicable
to the zone within which the defined area is located, shall apply to the defined area
provided that, unless a contrary intention appears from the special use regulations:
(a) If the special use regulations are different from the corresponding
regulations of this By-law, including the general regulations applicable to
the zone within which the defined area is located, the special regulations
shall supersede and prevail over such corresponding regulations of this
By-law.
2.0 INTERPRETATION
4 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(b) If the special use regulations establish one or more specifically permitted
uses for the defined area, such permitted use or uses shall be the only
purpose or purposes for which the defined area may be used, unless
otherwise specified.
(c) If the special use regulations specifically permit one or more uses in
addition to those otherwise permitted in the zone within which the defined
area is located, any and all of the other special use regulations applicable
to the defined areas shall apply only to the additional permitted use or
uses, and not to uses otherwise permitted in the zone, unless otherwise
specified.
3.0 ADMINISTRATION
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 5
3.0 Administration
3.1
ADMINISTRATION
This By-law shall be administered by the By-law Enforcement Officer, or any other
person as the Council designates.
3.2
LICENSES AND PERMITS
No municipal license or permit shall be issued where the said license or permit is
required for a proposed use of land or a proposed erection, enlargement or use of any
building or structure that is in violation of any of the provisions of this By-law.
3.3
BUILDINGS TO BE MOVED
No building, residential or otherwise, shall be moved within the limits of the
Township or shall be moved into the Township from outside, without a permit from
the Chief Building Official.
3.4
CERTIFICATES OF OCCUPANCY
No building or structure which has been erected or altered is to be used or changed in
use, in whole or in part, until a Certificate of Occupancy has been issued by the Chief
Building Official stating that the proposed use and occupancy of such land, building,
or structure, complies with the provisions of this By-law.
3.5
BUILDING PERMITS
In addition to fulfilling the requirements of any By-law enacted pursuant to Section
34 of the Planning Act, no person shall commence to use any lands to erect, occupy,
alter, enlarge or use any buildings or structures until a building permit has been
applied for and received from the Chief Building Official.
3.6
APPLICATION FOR CERTIFICATE OF OCCUPANCY
AND BUILDING PERMIT
A Certificate of Occupancy shall be applied for simultaneously with every application
for a building permit. Unless deemed unnecessary by the Chief Building Official, such
application shall be accompanied by a plan in duplicate, drawn to scale, in metric, and
based on a survey by a Registered Ontario Land Surveyor showing and containing:
(a) the true shape and dimensions of the lot to be built upon or otherwise
developed;
3.0 ADMINISTRATION
6 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(b) the proposed location, grade, height and dimensions of any buildings,
structures, use or work proposed for the lot;
(c) the locations and dimensions of all yards, setbacks, grade elevation,
landscaping, off-street parking spaces or off-street loading facilities
required by this By-law;
(d) the location on the lot of every building thereon;
(e) a detailed drawing of each building and structure indicating the type of
material to be used; and
(f) a statement, signed by the owner or his agent duly authorized thereunto in
writing, disclosing the exact use proposed for each building and giving all
information necessary to determine whether or not such building and the
proposed use thereof conforms with requirements of this By-law.
The lack of a survey or a mistake does not relieve any person from liability for not
complying with the requirements of this By-law. The responsibility is not upon the
Township, whose rights are preserved even in the case of a mistake of its own
official.
3.7
INSPECTION OF PREMISES
The Chief Building Official, the By-law Enforcement Officer or any employee of the
Township so directed may, at any reasonable hour, enter and inspect a property or
premises where there is reason to believe that any land has been used or any building
or structure has been erected, structurally altered or enlarged, or used, in violation of
any of the provisions of this By-law.
3.8
INJUNCTION
In case the whole or any part of any building or structure is, or is to be, used, erected,
structurally altered, enlarged or extended or the whole or any part of any lot is, or is
to be, used, in contravention of this By-law, such contravention may be restrained by
action at the instance of the Township or of any ratepayer pursuant to the provisions
of all applicable statutes and regulations in force at the time of the contravention.
3.9
VIOLATIONS AND PENALTIES
Any person guilty of an offence and convicted of a breach of any of the provisions of
this By-law shall be liable to a fine not to exceed the maximum amount stipulated in
the Planning Act, exclusive of costs, for each offence, and every such penalty shall be
recoverable under the Provincial Offences Act.
3.0 ADMINISTRATION
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 7
Pursuant to Section 67 of the Planning Act, any person who contravenes this By-law
is guilty of an offence and on conviction is liable:
a)
on a first conviction to a fine not more than $25,000; and
b)
on a subsequent conviction to a fine of not more than $10,000 for each
day or part thereof upon which the contravention has continued after
the day on which the person was first convicted.
Pursuant to Section 67 of the Planning Act, where a corporation is convicted for
contravening this By-law, the maximum penalty that may be imposed is:
a)
on a first conviction to a fine not more than $50,000; and
b)
on a subsequent conviction to a fine of not more than $25,000 for each
day or part thereof upon which the contravention has continued after
the day on which the corporation was first convicted.
4.0 DEFINITIONS
8 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
4.0 Definitions
In this By-law,
1.
ABATTOIR - shall mean a building or structure, or part thereof used for the
slaughtering and processing of animals.
2.
ACCESSORY or ACCESSORY USE, BUILDING or STRUCTURE - when
used to describe a use, building or structure, shall mean a use, a building or a
structure that is normally incidental, subordinate, and exclusively devoted to
a main use, building or structure and that is located on the same lot
therewith, and includes but is not limited to a detached garage or carport, a
firewood shed, and a swimming pool, but does not include a dwelling unit.
3.
ADULT ENTERTAINMENT ESTABLISHMENT - shall mean 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. For the purpose of this paragraph, the
following shall apply:
(a) Provided shall mean furnished, performed, solicited or given such
services;
(b) Services shall mean activities, facilities, performances, exhibitions,
viewings and encounters; and
(c) Services appealing to or designed to appeal to erotic or sexual appetites or
inclinations shall mean services of which a principal feature or
characteristic is the nudity or partial nudity of any person or services in
respect of which the word "nude", "naked", "topless", "bottomless",
"sexy" or any other word or any picture, symbol or representation having
like meaning or implication is used in any advertisement, and includes an
adult video store.
4.
ADULT VIDEO STORE - shall mean an establishment having, as a
substantial or significant portion of its stock-in trade, videos which are
distinguished or related to specified sexual activities or specified anatomical
areas, or an establishment with a segment or section devoted to the sale or
display of such material.
5.
AGRICULTURAL USE - shall mean the cultivation of land, the production
of crops and the selling of such produce 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, and without limiting the generality of the
foregoing includes aviaries, apiaries, fish farming, animal husbandry, the
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 9
raising of birds, fish and fur bearing animals, horses, riding stables, horse
training tracks, agricultural research stations and the raising and harvesting of
field, bush, or tree crops, market gardening, nurseries, and greenhouses.
However, agricultural use does not include facilities for the permanent or
temporary housing of persons employed on the lot.
6.
AGRICULTURAL
COMMERCIAL
and/or
INDUSTRIAL
ESTABLISHMENT - shall mean the use of land and/or buildings or
structures for the manufacturing and wholesale and/or retail sales of goods
that are necessary to support agricultural uses. These include, but are not
limited to, such goods as farm machinery and equipment used for the tillage
of soil, the planting, spraying, harvesting, transporting, treatment, processing
and storage of grain, forage, feed, or forest products, products used for the
housing and husbandry of livestock, poultry and fur-bearing animals, the
storage, handling and processing of milk, eggs, and manure and the
manufacture of subsurface drainage materials and equipment including
plastic farm drainage tile and sites for the packing and bailing of agricultural
waste into blocks.
7.
AGRICULTURAL PROCESSING ESTABLISHMENT - shall mean the use
of land and/or buildings or structures for the processing of products derived
from agricultural uses. These shall include, but are not limited to, such
products as seed grain, feed and forage processing, storage and transport,
fruit and vegetable storage and treatment, livestock and poultry assembly,
sales and transport, a cheese factory, an egg grading station, a saw mill, and
excludes an abattoir and a commercial grain elevator and drying
establishment. Accessory uses such as office uses and the packaging, packing
and shipping of the products are also permitted.
The waste material that is allowed to be used in the processing of the animal
feed is restricted to the following waste sources only:
(a) Food waste from food processing plants;
(b) Food waste from restaurants, hospitals or other similar facilities;
(c) Forage crops, forage silage, grain crops and grain silage; and
(d) Under no circumstances shall the foregoing permitted wastes be
interpreted to include sewage, sludge or dead animals.
In addition to the above-noted waste sources, other products that may be used
in the production of the animal feed include soy bean meal, vitamins, minerals
and other similar products but specifically does not include any type of
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10 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
manure. Also, for the purposes of this definition, the processing of food waste
does not, in any way, include composting.
8.
AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT - shall
mean premises used for the buying, supply or selling of goods, materials or
services that support agricultural uses, including the sale and storage of seed,
feed, fertilizer and chemical products, the rental, sale, repair or service of
agricultural equipment or implements, sales and service of welding and
machinery repair, a farm equipment sales and service establishment, farm
fuel sales, farm drainage and excavation, well drilling, custom spraying,
tillage, planting and harvesting services, or any combination of the foregoing.
9.
AISLE - shall mean the area used by motor vehicles for access to and from
all off-street parking spaces, but does not include an access driveway.
10.
ALTER - when used in reference to a building, structure or part thereof,
shall mean to change any one or more of the internal or external dimensions
of such building or structure or to change the type of construction of the
exterior walls or roof thereof. when used in reference to a lot, the word alter
means to increase or decrease the width, depth or area thereof or to increase
or decrease the width, depth of area of any required yard, setback,
landscaped open space or parking area, or to change the location of any
boundary of such lot with respect to a street, whether such alteration is made
by conveyance or alienation of any portion of said lot, or otherwise.
11.
AMUSEMENT PARK - shall mean a commercial recreational establishment
with or without permanent buildings or structures where rides, games of
chance and the sale of food, beverages, toys and souvenirs constitute the
main use.
12.
ANIMAL CLINIC - shall mean a building or structure under the control and
supervision of a qualified veterinarian where the animals or birds are given
medical treatment but has no outdoor kennels, but does permit a veterinarian
office.
13.
ANIMAL SHELTER - shall mean land and buildings used for the care of
lost, abandoned or neglected animals and operated by a public authority or
by a non-profit private organization.
14.
ASSEMBLY HALL - shall mean a building or part of a building in which
facilities are provided for such purposes as meetings for civic, educational,
political, religious or social activities and may include a banquet hall or
private club.
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Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 11
15.
ATTACHED - when used in reference to a building, shall mean a building
otherwise complete in itself which depends for structural support or for
complete enclosure upon an above grade division wall or division wall
shared in common with adjacent building or buildings.
16.
AUCTION ESTABLISHMENT - shall mean a building or part thereof used
for the retail sale of articles or goods by way of public auction, and may
include the auctioning of motor vehicles on an incidental basis only.
17.
AUTOMOBILE RENTAL ESTABLISHMENT - shall mean premises where
vehicles are stored and rented to the public.
18.
AUTOMOBILE
REPAIR
ESTABLISHMENT
-
shall
mean
an
establishment for the repair or the replacement of parts in a motor vehicle
and, without limiting the generality, of the foregoing, includes the repair,
replacement or reconditioning of mufflers, exhaust systems, shock absorbers,
transmissions, gears, brakes, clutch assemblies, steering assemblies,
radiators, heating or cooling systems, ignition systems, electrical systems, the
installation of undercoating, engine turning, lubrication and engine
conversion or replacement, a vehicle body repair shop, but does not include
an automobile impounding yard, or an automobile service station.
19.
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT - shall mean
premises where new and used vehicles are stored or displayed for the purpose
of sale, lease or hire and shall include the storage and sale of automotive
accessories together with the repair and service of vehicles. For the purpose
of this definition, vehicles shall not include motorized construction
equipment, farm equipment, truck bodies, truck tractors, or tractor trailers.
20.
AUTOMOBILE SERVICE STATION - shall mean a building or place were
gasoline or other motor fuels are kept for sale and for delivery directly into
motor vehicles, and may also include a building or place where minor
running repairs, cleaning and maintenance essential to the actual operation of
motor vehicles and the sale to the motoring public of goods usual to the trade
are performed, and may also include an automobile washing establishment
and the retail sale of convenience items as an accessory use.
21.
AUTOMOBILE WASHING ESTABLISHMENT- shall mean a building or
structure, or part thereof, containing facilities for washing, cleaning or drying
motor vehicles by production line methods which may include a conveyor
system, or similar mechanical devices and also includes a self-service car
wash.
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12 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
22.
BAKERY, COMMERCIAL - shall mean a building for producing, mixing,
compounding or baking bread, biscuits, cakes or other baked products, but
does not include a bake shop or eating establishment.
23.
BAKE SHOP - shall mean a shop where products of a bakery are sold or
offered for sale by retail, and shall also include incidental baking of products
for retail sale on the premises to a maximum gross floor area of 500m2.
24.
BALCONY, DECK or PATIO - shall mean a platform made of wood,
concrete or other similar material, open to the sky, and intended for the
purpose of outdoor dining, lounging and other similar accessory residential,
commercial, industrial or recreational uses.
25.
BASEMENT - shall mean one or more storeys of a building located below
the first storey.
26.
BATCHING OR RECYCLING PLANT, CONCRETE OR ASPHALT - an
industrial facility used for the production of asphalt or concrete, or asphalt or
concrete products, used in building or construction and includes facilities for
administration or management of the business, the stockpiling of bulk
materials used in the productions process or of finished products
manufactured on the premises and the storage and maintenance of required
equipment, and shall also include the processing of aggregate material
through a crushing and sorting operation, but does not include the retail sale
of finished asphalt or concrete products.
27.
BED AND BREAKFAST ESTABLISHMENT - shall mean a single
detached dwelling in which no more than three rooms are made available by
the residents of the said dwelling for the temporary accommodation of
travelers in the course of which no assistance is offered by any person not
residing in the dwelling. This does not include a hotel, motel, boarding or
lodging house, or eating establishment, as defined herein.
28.
BERM - shall mean a landscaped mound of earth.
29.
BOAT HOUSE - shall mean a building or structure intended to house,
shelter, or protect a boat or other form of water transportation. When
constructed in association with a residential dwelling, a boat house shall be
deemed an accessory building.
30.
BOARDING HOUSE - a building or portion thereof, other than a hotel, in
which lodging with or without meals is supplied for gain to three or more
persons, other than the owner, lessee, or tenant of the building and members
of his immediate family.
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Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 13
31.
BREWER'S RETAIL OUTLET - A manufacturer's representative that sells
alcoholic products and is licensed under the Alcohol and Gaming
Commission of Ontario.
32.
BUFFER STRIP - shall mean an area used for no other purpose than for the
erection of a solid fence, berm or the planting and maintaining of a
continuous unpierced hedgerow of natural shrubs which will provide a year
round visual landscaping and the planting of ornamental shrubs, flowering
shrubs, flowerbeds, or a combination thereof.
33.
BUILDING - shall include any structure greater than 10.0m2, whether
temporary or permanent, used or intended for sheltering any use or
occupancy but shall not include a fence, mobile home, travel trailer, camping
trailer, truck camper, motor home or tent.
34.
BUILDING AREA - the total horizontal area of a building calculated by
perpendicular projection onto a horizontal plane. This definition shall not
include:
a) Sills, belt courses, cornices, eaves, gutters, parapets, pilasters, or similar
ornamental structures unless such structure projects more than 1 (one)
metre horizontally from an exterior wall of the building; or
b) Unenclosed porches, balconies or steps unless such structure projects
more than 2 metres horizontally from an exterior wall of the building.
35.
BUILDING BY-LAW - any by-law of the Corporation passed pursuant to
the Building Code Act.
36.
BUILDING INSPECTOR - the officer or employee of the Township of
Chapleau for the time being charged with duty of enforcing the provisions of
The Building By-Law.
37.
BUILDING LINE, ESTABLISHED - the average distance from the street
line to the main wall of an existing building in any block where more than
half of the lots have been built upon.
38.
BUILDING, MAIN - shall mean the building or structure in which is
conducted the principal use of the lot on which it is situated. For clarity, a
single detached dwelling accessory to an agricultural use is a main building
for the purpose of this definition.
4.0 DEFINITIONS
14 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
39.
BUILDING SUPPLY OUTLET - shall mean a premise used for milling,
storage, and wholesale sales of a broad range of building materials and which
may include a retail operation.
40.
BULK STORAGE TANK - a tank for the bulk storage of petroleum,
gasoline, diesel or other fuels, oil, gas, propane or flammable liquid or fluid
but shall not include a storage tank which is accessory to another use on the
lot where such tank is located.
41.
BUS TERMINAL - shall mean any premises for the transient housing or
parking of buses and the loading and unloading of passengers.
42.
BUSINESS OFFICE - a building or part of a building where one or more
persons are employed in administering, directing, managing, or conducting
business affairs. This definition shall not include any manufacturing
operation or any premises used for repairing equipment, goods, materials or
vehicles.
43.
BY-LAW ENFORCEMENT OFFICER - shall mean the employee of the
Township responsible for enforcing the By-laws.
44.
CALL CENTRE - shall mean a building or part of a building in which
people are employed to provide product information services and direct sales
to the public by way of telephone, internet, fax, video and mail.
45.
CAMPGROUND - shall mean a parcel of land used or maintained as an
overnight tenting or camping area, where people are temporarily
accommodated in tents, trailers or similar facilities, whether or not a fee or
charge is paid for the rental thereof, but does not include a mobile home or a
mobile home park.
46.
CANOPY, WEATHER - shall mean a permanent, unenclosed roof structure
erected for the purpose of sheltering motor vehicle fuel pumps and dispenser
islands from the weather.
47.
CARPORT - shall mean an unenclosed, roofed structure with less than 60%
of the total perimeter enclosed by walls, doors or windows attached to a wall
of a building and used for the storage or parking of motor vehicles.
48.
CAR SHELTER, TEMPORARY - shall mean a movable, unenclosed
structure, which shall only cover a small portion of an existing driveway
necessary to house one vehicle, and not be comprised of windows, doors, or
rigid materials, and shall only be permitted during the months of October
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 15
through to April for the temporary storage or parking of motorized vehicles
or equipment.
49.
CAR WASH - see Automobile Washing Establishment.
50.
CELLAR - shall mean that portion of a building which is partly or wholly
underground and which has more than one-half of its height, from floor to
ceiling, below adjacent finished grade.
51.
CEMETERY - shall mean a place for the burial of the dead and shall include
such things as mausoleums, crematoria and other buildings required for
internment or any other cemetery-related purpose.
52.
CHIEF BUILDING OFFICIAL - shall mean a Chief Building Official
appointed or constituted under the Building Code Act.
53.
CHIP STAND/CHIP WAGON - shall mean an immobile vehicle, either
mounted on blocks or supported by a conventional wheel, tire and axle
system or a structure not more than 9.20m², which shall not contain or
occupy an area for consuming food other than a picnic table, which shall be
only operated during the months of May through to September, and shall
only be located on lands in conjunction with a Corridor Commercial use as
defined in that particular zone from which only french fried potatoes,
hamburgers, hot dogs, popcorn, potato chips, and non-alcoholic beverages
may be sold to the public;
54.
CLUB - shall mean a building or part thereof used exclusively by an
associate of persons who are bona fide members and their guests for social,
cultural, recreational or athletic purposes.
55.
CLUB, PRIVATE - a building or any part of a building used as a meeting
place for members of an organization not operated for profit or of an athletic,
social or recreational club not operated for profit.
56.
COMMERCIAL KENNEL - an establishment where dogs, cats or other
small domestic animals or household pets are bred or raised primarily for the
purpose of sale, or are trained or boarded for gain of profit.
57.
COMMERCIAL OUTDOOR RECREATION FACILITY - shall mean an
outdoor facility or facilities which may include, but not necessarily be
restricted to a water slide, a commercial outdoor swimming pool, a wave
pool, a baseball batting cage or a paddleboat or bumper-boat pool, and a mini
golf course, but shall not include a golf course, go-kart track, a ski club or
any other use as otherwise defined or listed herein.
4.0 DEFINITIONS
16 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
58.
COMMERCIAL SCHOOL - a school conducted for hire or gain such as a
studio of dancing, art school, drama school, school of calisthenics, business
or trade school or any other specialized school but shall not include a private
academic, religious or philanthropic school.
59.
COMMERCIAL STORAGE UNIT - see public storage.
60.
COMMERCIAL USE - shall mean the use of land or buildings for the
purposes of offices, the retail buying or selling of commodities, or both, and
the supply of services.
61.
COMMUNITY CENTRE - shall mean a public building and associated
lands used for community recreation or social activities, meetings or other
leisure activities and not used for commercial purposes, and the control of
which is vested in the Township, a non-profit organization, a local board or
agent thereof.
62.
COMPOSTING OPERATION - shall mean an open windrow waste
processing facility in which leaf and yard waste is processed into compost
through an aerobic biological process, conducted under controlled,
engineered conditions designed to produce stabilized humus.
63.
CONDOMINIUM - shall mean a building or buildings in which each
individual unit is held in separate private ownership and all floor space,
facilities and outdoor areas used in common by all tenants are owned,
administered and maintained by a corporation created pursuant to the
provisions of the Condominium Act.
64.
CONSENT - shall mean the approval to the severance of the land pursuant to
the provisions of the section 50 of the Planning Act.
65.
CONSERVATION AREA - shall mean an area within which work is
undertaken by a Ministry of Natural Resources pursuant to the provisions of
the Conservations Authorities Act.
66.
CONTRACTOR'S YARD - shall mean any land, building or structure used
for the purpose of storing contracting or construction equipment and material
or performing shop work or assembly work by any building trade or other
contractor, and shall include facilities for the administration or management
of the contracting business.
67.
CONVENIENCE STORE - a retail commercial establishment supplying
groceries and other daily household necessities to the residents of the
immediate surrounding area.
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 17
68.
COUNCIL - shall mean the Council of the Corporation of the Township of
Chapleau.
69.
COVERAGE - that percentage of land or lot area covered by buildings
above ground level and shall not include that portion of such land or lot area
which is occupied by a building or portion thereof which is completely below
ground level.
70.
CRAFT SHOP - a building or part of a building where crafts, souvenirs and
other similar items are offered or kept for sale at retail to the general public
but shall not include any other establishment otherwise defined or classified
herein.
71.
CREMATORIUM AND COLUMBARIUM - a building fitted with the
proper appliances for the purpose of cremation of human remains and the
storage of the ashes of human remains within the meaning of the cemeteries
act, as amended.
72.
CULTURAL FACILITY - any building, room or area and designed or
utilized primarily for the presentation to the general public or live theatre,
dance performances, musical concerts, cinema, lectures, exhibits of various
art forms or exhibits of cultural, academic or scientific material which are not
characterized by their emphasis on the description or depiction of specified
anatomical areas or specified sexual activities, and without limiting the scope
of the foregoing definition, shall include art galleries, museums, libraries and
exhibition halls.
73.
DAY CARE CENTRE - means a day nursery as defined in the Day
Nurseries Act.
74.
DENSITY, GROSS - shall mean the ratio of dwelling units to the lot area.
75.
DENTIST - a person registered to practice dentistry as defined in The Health
Disciplines Act, as amended.
76.
DERELICT VEHICLE - shall mean an inoperative vehicle which is not
currently licensed.
77.
DETACHED - shall mean not attached.
78.
DEVELOPMENT - means the creation of a new lot, a change in land use, or
the construction of buildings and structures, requiring approval under the
Planning Act, but does not include:
4.0 DEFINITIONS
18 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(a) activities that create or maintain infrastructure authorized under an
environmental assessment process;
(b) works subject to the Drainage Act; or
(c) for the purposes of policy 2.1.3(b) of the Provincial Policy Statement
(2005), underground or surface mining of minerals or advanced
exploration on mining lands in significant areas of mineral potential,
where advanced exploration has the same meaning as under the Mining
Act. Instead, those matters shall be subject to policy 2.1.4(a) of the
Provincial Policy Statement (2005).
79.
DOCK - shall mean a structure built at or anchored to the shore at which
boats or other floating vessels are berthed or secured to and which may
provide a foundation for a boathouse or other accessory structure.
80.
DRIVEWAY - shall mean that portion of a lot used to provide vehicular
access from a roadway to an off street parking or loading area located on the
same lot.
81.
DRUGLESS PRACTITIONER - shall mean a person registered as a drugless
practitioner under the Drugless Practitioners Act, R.S.O. 1980, c. 127, as
amended.
82.
DRY CLEANING DEPOT - shall mean a building or part of a building used
for the purpose of receiving articles or goods of fabric to be subjected
elsewhere to a process of cleaning or dyeing, including transport to a dry
cleaning establishment. A dry cleaning depot may also be used for the
pressing and/or distributing any articles or goods of fabric which have
received therein, but shall not include the on-site use of chemicals normally
used in dyeing or dry cleaning processes.
83.
DRY CLEANING ESTABLISHMENT - shall mean a building used for the
purpose of receiving articles of clothing to be subjected to the process of dry
cleaning, dry dyeing or cleaning elsewhere on the premises if the processing
element is restricted to closed, unvented dry cleaning equipment, and for the
pressing and/or distribution of any such articles or goods which have been
subjected to any such process.
84.
DWELLING - shall mean a building or part of a building, occupied, or
designed to be occupied but currently vacant, exclusively as a home,
residence or sleeping place by one (1) or more persons, but shall not include
hotels, boarding, lodging, or rooming houses, tourist homes, nursing homes,
motels, institutions, travel trailers or mobile homes.
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 19
85.
DWELLING, APARTMENT - shall mean the whole of a structure that
contains three or more dwelling units which units have a common entrance
from street level and are served by a common corridor, and the occupants of
such units have the right to use in common the corridors, stairs, elevators,
yards or one or more of them. ..
86.
DWELLING, CONVERTED - shall mean a building converted into one or
more dwelling units from a building originally constructed or used for non-
residential purposes.
87.
DWELLING, DUPLEX OR DUPLEX - shall mean a dwelling with two
dwelling units designed to accommodate two separate groups of individuals,
regardless of whether the individuals within the groups are related or
unrelated. Each dwelling unit shall be divided by a horizontal common wall
to only one other dwelling unit with separate entrances on one lot.
88.
DWELLING, FOURPLEX - two attached duplex dwelling houses having a
common masonry wall above finished grade dividing the pair of duplex
dwellings vertically, each of which has an independent entrance directly from
the outside or through a common vestibule.
89.
DWELLING, GROUP HOME - shall mean a licensed or approved or
federally or provincially-funded single housekeeping unit in a single
detached dwelling in which three to ten residents (excluding staff), by reason
of their emotional, mental, social or physical condition or legal status are
required to live as a unit under responsible supervision.
90.
DWELLING, SEASONAL - shall mean a single detached dwelling that is
not intended to permit winter occupancy or modified for year-round use.
91.
DWELLING, SEASONAL FARM - shall mean a dwelling unit that is used
for not more than eight months in any given year for the housing of seasonal
farm labour and their families and may include a mobile home.
92.
DWELLING, SEMI-DETACHED - shall mean a dwelling attached by a
vertical common wall to only one other semi-detached dwelling and each
semi-detached dwelling shall be on a separate lot.
93.
DWELLING, SINGLE DETACHED - shall mean a dwelling designed as
one dwelling unit with all parts of the building being accessible to and from
all other parts of the building.
94.
DWELLING, TOWNHOUSE OR ROWHOUSE - shall mean a dwelling
attached by a common wall to one or more other townhouse dwellings and
4.0 DEFINITIONS
20 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
each townhouse dwelling shall be on a separate lot, unless otherwise
arranged through a plan of condominium.
95.
DWELLING, TRIPLEX OR TRIPLEX - shall mean a dwelling containing
three dwelling units, each having an independent entrance to the outside and
separated from the adjoining unit or units by a horizontal common wall.
96.
DWELLING UNIT - shall mean one or more habitable rooms which
functions an independent and separate housekeeping unit in which separate
kitchen and sanitary facilities are provided for the use of the occupants, with
a private entrance from outside the building or from a common hallway or
stairway inside the building. All parts of a dwelling unit shall be accessible to
and from all other parts of the dwelling unit.
97.
DWELLING UNIT, ACCESSORY - shall mean a dwelling unit which is
accessory to a non-residential use.
98.
DWELLING UNIT, BACHELOR - a dwelling unit consisting of one
bathroom and not more than one (1) habitable room providing therein living,
dining, sleeping and kitchen accommodation.
99.
DWELLING UNIT, SECONDARY - shall mean a second dwelling unit
constructed within an existing single detached dwelling, located within the
main dwelling and designed such that the outward appearance as a single
detached dwelling is maintained, except for any alterations which are
required by the Ontario Building Code.
100.
EATING ESTABLISHMENT - shall mean a building or part of a building
where food is offered for sale or sold to the public for immediate
consumption or take-out and includes such uses as a restaurant, café,
cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack
bar, or refreshment room or stand, but does not include a boarding house or
lodging house.
101.
EATING ESTABLISHMENT, DRIVE-THROUGH - shall mean an eating
establishment which is also designed to serve patrons while they remain in a
motor vehicle.
102.
EATING ESTABLISHMENT, TAKE OUT - a building or structure or part
thereof where food is prepared and offered for sale to the public to be taken
out and/or delivered, for consumption off the premises.
103.
ERECT - shall mean to do anything pertaining to the erection, building,
construction, reconstruction, installation, enlargement, structural alteration or
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 21
repair of a building or structure, and shall include any preliminary physical
operations such as excavating, grading, piling, cribbing, filling or draining,
the relocation of a building or structure, the installation of a building unit
fabricated or removed from elsewhere, and demolition or removal of a
building or any part thereof, and further includes any work for which a
building permit is required. "Erected" and "erection" shall have a
corresponding meaning.
104.
EXISTING - shall mean currently present or legally existing as of the date of
the passing of this By-law.
105.
FAIR OR EXHIBITION GROUNDS - shall mean the use of land, or
building, or structure where the temporary exhibition of music, art, goods,
wares, vehicles, and the like are displayed and made available for sale and
shall include a midway and amusement park.
106.
FARM - shall mean land used for an agricultural use.
107.
FARM PRODUCE OUTLET - shall mean a place, with or without
permanent buildings, where seasonal produce may be sold to the general
public.
108.
FENCE - shall mean any fence, wall (other than the wall of a building or
structure), gate or other barrier which separates or purports to separate lands
not under common ownership and which is continuous throughout the entire
length where required, save and except where access areas and lines of sight
are required to be preserved for traffic safety purposes in accordance with the
provisions of any applicable municipal by-law.
109.
FINANCIAL INSTITUTION - shall mean an establishment which provides
money management services directly to the public, including a bank, trust
company, credit union, securities dealer, finance companies and stock
brokers.
110.
FIREWOOD SHED - shall mean an enclosed structure generally less than
10.0m², used to store firewood for a residential use within a residential zone
and typically constructed of rigid materials like wood or steel.
111.
FITNESS CENTRE - shall mean a building or part thereof, in which
facilities are provided for recreational athletic activities including, but not
limited to, body-building and exercise classes, and shall include associated
facilities such as a sauna or solarium, and may include as an accessory use
one retail establishment for the sale of athletic equipment, food or
4.0 DEFINITIONS
22 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
refreshments, provided that the retail establishment does not exceed a floor
area equal to 25% of the net floor area of the fitness centre.
112.
FLOODPLAIN - shall mean the area below the one in one hundred year
flood line as established by the Ministry of Natural Resources.
113.
FLOOR AREA - shall mean the space on any storey of a building between
exterior walls and required firewalls, including the space occupied by interior
walls and partitions, but not including exits, vertical service spaces and their
enclosing assemblies.
114.
FLOOR AREA, GROSS - shall mean the total floor area in a building or
structure measured between the exterior faces of the exterior walls of the
building or structure at the level of each storey below, at and above grade,
excluding the area used for off-street unloading, parking, mechanical
equipment, stairways or shafts.
115.
FLOOR AREA, NET - shall mean the total floor area in a building or
structure measured between the exterior faces of the exterior walls of the
building or structure at the level of each storey below, at and above grade,
excluding the area used for off-street unloading, parking, mechanical
equipment, stairways or shafts.
116.
FORESTRY USE - shall mean the general raising and harvesting of wood,
and without limiting the generality of the foregoing, includes the raising and
cutting of fuel wood, pulp wood, lumber, Christmas trees, and other forest
products produced on the same lot.
117.
FUEL STORAGE DEPOT - shall mean any industrial use whose primary
purpose is the storage, loading/unloading or supply or sale of fuel, but does
not include a gas bar as part of an automobile service establishment.
118.
FUNERAL HOME - shall mean a building or part thereof wherein a licensed
undertaker prepares corpses for interment and may include a chapel for
funeral services.
119.
GARAGE - shall mean an accessory building or portion of a building
designed for the sheltering or storage of passenger motor vehicles or
recreational vehicles or both and the storage of household equipment
incidental to residential occupancy, and wherein no service for profit is
rendered where such structure is attached.
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 23
120.
GOLF COURSE - shall mean a public or private area operated for the
purpose of playing golf including a driving range, miniature golf course, or
combination thereof.
121.
GRADE OR GRADE ELEVATION, AVERAGE FINISHED OR GRADE,
AVERAGE FINISHED - shall mean the average level of finished ground
adjoining a building or structure at all exterior walls, as determined by the
chief building official.
122.
GRADE, CENTRELINE - shall mean the average level of the street
centreline.
123.
GRADE LEVEL - shall mean the level of any lots above the normal crown
level of the road, measured above sea level according to Geodetic Datum,
upon which the lot abuts. Where a lot abuts on two or more streets, the grade
level shall be the mean of the grade levels calculated with reference to the
different streets. If the natural level of the ground is higher than as stipulated
above, then the average natural level of the ground shall be taken as the grade
level.
124.
GREENHOUSE - shall mean a building or structure or land constructed of,
or covered by, glass or plastic and used exclusively for the growing or
storage of vegetables, shrubs, plants or flowers and may include the
subsequent transplanting or replanting of same, or sale of the produce grown.
125.
GREENHOUSE FARM - shall mean an agricultural use in which the
predominant economic activity involves the growing of plant materials in
large scale greenhouses for subsequent replanting or sale.
126.
HABITABLE ROOM - shall mean any room within a dwelling unit used or
intended to be used for living, sleeping, eating or food preparation, but does
not include a washroom, laundry room, closet, sunroom, porch, garage,
cellar, furnace room, or any space used for the service and maintenance of
such dwelling or for vertical travel between storeys.
127.
HEIGHT - when used with reference to a building or structure, shall mean
the vertical distance between the horizontal plane through the average
finished grade and a horizontal plane through:
a)
the highest point of the roof assembly in the case of a building with a
flat or deck roof;
4.0 DEFINITIONS
24 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
b)
the average level of a one slope roof, provided that a roof having a
slope of less than twenty degrees with the horizontal shall be
considered a flat roof;
c)
the roof deck line, in the case of a mansard roof;
d)
the average level between eaves and ridges in the case of a roof type
not mentioned in subsections a), b) and c) immediately preceding.
128.
HOME INDUSTRY - shall mean a gainful occupation which may include an
electrical, woodworking, window frame, welding, plumbing, machine shop,
conducted in whole or in part in an accessory building to a single detached
dwelling.
129.
HOME OCCUPATION - shall mean the use of part of a dwelling, dwelling
unit or accessory building for an occupation which provides gain or support
for only members of the household permanently residing in such dwelling or
dwelling unit and which is clearly secondary to the main use of the dwelling
unit as a private residence.
130.
HOME OCCUPATION, AGRICULTURAL - shall mean the use of part of a
dwelling unit or an accessory building or structure for an occupation which
provides gain or support, for at least one of the permanent residents of such
dwelling unit and which is clearly secondary to the agricultural uses being
carried out on the farm.
131.
HOSPITAL - shall mean any institution, building or other premises
established for the treatment of persons afflicted with or suffering from
sickness, disease or injury, for the treatment of convalescent or chronically ill
persons that is approved under the Public Hospitals Act as a public hospital.
132.
HOTEL/ MOTEL - shall mean any hotel, inn, lounge or public house in one
main building or in two or more connected or adjacent buildings designed
and used mainly for the purpose of catering to the needs of the travelling
public by supplying food, refreshments or both and furnishing sleeping
accommodation of not less than six guest rooms, each having no facilities for
cooking or housekeeping, and provided that each guest room may only be
entered from the interior of the building, and shall include all such buildings
operating under the Liquor License Act, and the Tourism Act. A hotel does
not include a rooming house, group home dwelling or apartment dwelling.
133.
HOUSEKEEPING COTTAGE - shall mean one or a group of buildings that
provides temporary accommodations to overnight guests for a fee and is
equipped with a kitchen, which has a common piped water supply with other
such buildings.
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Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 25
134.
HUNTING, TRAPPING AND FISHING - shall mean the use of land for the
hunting or trapping of animals or the catching of fish in accordance with the
regulations of the Ministry of Natural Resources and in accordance with all
other applicable law. Such a use may include buildings or structures used for
periodic overnight accommodation during the hunting season, including hunt
camps, hunting cabins or a commercial hunting lodge.
135.
IMPOUNDING YARD - shall mean a place where vehicles, and vehicles or
other mobile equipment are impounded for a breach of the law, and may be
taken or towed and stored temporarily until reclaimed, but does not include
an automobile service station or salvage yard.
136.
INDUSTRIAL USE - shall mean the use of any land, building or structure
for the purpose of manufacturing, processing, assembling, making, preparing,
inspecting, ornamenting, finishing, treating, altering, repairing, warehousing,
storing or adapting for sale, any goods, substance, article or thing, or any part
thereof, and the storage of building and construction equipment and
materials, as distinguished from the buying and selling of commodities and
the supplying of personal services.
137.
INDUSTRIAL USE, NON-EFFLUENT PRODUCING - shall mean an
industrial use which either does not discharge wastewater or discharges
wastewater from one or more of the following sources only:
(a) sanitary sewage from employee washrooms;
(b) storm water drainage; and
(c) water used for indirect cooling and pressure testing of equipment and for
other ancillary purposes.
138.
INSTITUTIONAL USE - shall mean the use of land, buildings or other
structures for some public or social purpose (but not for commercial business
purposes), and may include governmental, religious, educational, charitable,
cultural, philanthropic, hospital or other similar but non-profit uses.
139.
INVENTORY - articles for use by the home occupations permitted to carry
on the repair and servicing of manufactured items.
140.
KENNEL or KENNEL, BOARDING - shall mean any building or structure
or part thereof used or intended for use for the purpose of breeding, boarding
and/or raising three or more domesticated animals.
141.
LANDING STRIP - shall mean a defined strip of ground or grass used for
the landing and take-off of aircraft.
4.0 DEFINITIONS
26 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
142.
LABORATORY OR SCIENTIFIC RESEARCH FACILITY - shall mean a
building or group of buildings which are facilities used for scientific
research, investigation, testing or experimentation, but not facilities for the
manufacture or sale of products, except as accessory to the main purpose of
the laboratory.
143.
LANDSCAPING - shall mean any combination of trees, shrubs, flowers,
grass or other horticultural elements, together with decorative stonework,
paving, screening or other architectural elements, excluding driveways,
parking areas and aisles, all of which is designed to enhance the visual
amenity of a property or to provide a screen to mitigate any objectionable
aspects that may detrimentally affect adjacent land.
144.
LANE - a public thoroughfare which affords only a secondary means of
access to abutting lots and which is not intended for general traffic
circulation.
145.
LAUNDROMAT - shall mean a premises where coin-operated laundry
machines are made available to the public for the purpose of laundry
cleaning, or a premises for the purpose of receiving articles or goods of fabric
are subjected to the process of laundering, using only water, detergents and
additives. Dry cleaning is not permitted onsite; however, goods of fabric may
be received for dry cleaning at another location.
146.
LIGHT EQUIPMENT SALES AND RENTAL ESABLISHMENT - shall
mean premises where light equipment is stored or displayed for the purpose
of sale, lease or hire. For the purpose of this definition, light equipment is
defined as a low-power internal combustion engine or electric engine, and
may include, but not necessarily be limited to chain saws, lawn mowers, leaf
blowers, snow blowers, and wood chippers.
147.
LIMIT OF THE REGULATED AREA - shall mean the area in which a
ministry of natural resources has jurisdiction.
148.
LIQUOR LICENSED PREMISES - shall mean any building, structure or
premise licensed under the Liquor Licence Board of Ontario.
149.
LIVESTOCK - shall mean farm animals kept for use, for propagation, or
intended for profit and includes dairy and beef cattle, horses, swine, sheep,
laying hens, chicken and turkey broilers, turkeys, goats, geese, ducks, mink
and rabbit.
150.
LOADING SPACE - shall mean a space or bay located on a lot which is
used or intended to be used for the temporary parking of any commercial,
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 27
industrial or institutional vehicle while loading or unloading persons,
animals, goods, merchandise, or materials used in connection with the main
use of the lot or any building thereon, and which has unobstructed access to a
street or lane.
151.
LONG TERM CARE HOME - shall mean a facility which provides care and
services for people who are no longer able to live independently or who
require on-site nursing care, 24-hour supervision or personal support and
includes nursing homes licensed under the Nursing Homes Act, approved
charitable homes for the aged licensed under the Charitable Institutions Act,
and homes licensed under the Homes for Aged and Rest Homes Act.
152.
LOT - shall mean a parcel or tract of land described in a deed or other
document legally capable of conveying land: (i) which is the whole of a lot
on a registered plan of subdivision, so long as such registered plan is not
deemed, pursuant to the Planning Act, not to be a registered plan of
subdivision; or (ii) which is all of the land held or owned under distinct and
separate ownership from the ownership of the fee or equity of redemption in
abutting land.
153.
LOT AREA - shall be the total horizontal area within the lot lines of a lot.
154.
LOT, CORNER - shall mean a lot situated at the intersection of, or abutting
upon, two or more streets, provided that, the angle of intersection of such
streets is not more than 135 degrees and each of which is at least 9.0m wide,
where such intersecting sides are curved, the angle of intersection of the
adjacent sides shall be deemed to be the angle formed by the intersection of
the tangents to the street lines, drawn through the extremities of the interior
lot lines.
155.
LOT COVERAGE - shall mean the percentage of lot area covered by all
buildings or structures on the lot measured at ground level, including all
enclosed and/or unenclosed roofed porches and verandas; but excluding a
private outdoor swimming pool and open, unenclosed terraces, patios, decks,
steps, cornices, cantilevers, eaves, bay windows, chimney breasts, corbelling
and similar projections.
156.
LOT DEPTH - shall mean the horizontal distance between the midpoints of
the front and rear lot lines. Where there is no rear lot line, lot depth means
the horizontal distance between the mid-point of the front lot line with the
apex of the triangle formed by the side lot lines.
157.
LOT FRONTAGE - shall mean the horizontal distance between the side lot
lines, such distance being measured at a right angle to the line joining the
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28 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
middle of the front lot line with either the middle of the rear lot line or the
apex of the triangle formed by the side lot lines, and at a point therein
distance 7.5m from the front lot line.
158.
LOT, INTERIOR - shall mean a lot other than a corner lot which is situated
between adjacent lots and has access to one street.
159.
LOT, THROUGH - shall mean a lot bounded on two opposite sides by
streets, each of which is at least 9.0m wide. However, if any lot qualifies as
being both a corner lot and through lot as defined, such lot shall be
conclusively deemed to be a corner lot.
160.
LOT LINES - shall mean the boundary lines of a lot.
161.
LOT LINE, FRONT - shall mean the lot line that divides a lot from the street
provided that in the case of a corner lot, the shorter lot line that abuts a street
shall be deemed to be the front lot line, and the longer lot line that so abuts
shall be deemed to be a side lot line. In the case of a through lot, only one of
the lot lines abutting a street shall be deemed the front lot line.
162.
LOT LINE, REAR - shall mean the lot line farthest from and opposite to the
front lot line.
163.
LOT LINE, SIDE - shall mean a lot line other than a front or rear lot line.
164.
LOT LINE, SIDE EXTERIOR - shall mean the side lot line which abuts the
street on a corner lot.
165.
LOT LINE, INTERIOR - shall mean the side lot line which does not abut a
street.
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 29
ILLUSTRATION OF LOT TYPE AND LOT LINE DEFINITIONS (FOR
ILLUSTRATION PURPOSES ONLY):
166.
LOT OF RECORD - shall mean a lot legally capable of being conveyed
from one person to another person as of the date of the passing of this By-
law.
167.
MAIN WALL - shall mean the exterior front, side and rear wall of a
building, and all structural members essential to the support of a fully
enclosed space or roof.
168.
MANUFACTURING, HEAVY - shall mean any industrial use which is not
light manufacturing as defined in this By-law.
169.
MANUFACTURING, LIGHT - shall mean the manufacturing, assembly or
processing of component parts to produce finished products suitable for retail
trade and does not include food, beverage, tobacco, rubber, leather, textile,
wood, printing, concrete or asphalt batching or recycling plant, metal
fabricating and the manufacturing or processing of raw materials or similar
industries if these operations involve furnaces or machinery that emit noxious
fumes or gases, discharge dirt, dust or particle matter into the air or result in
noise or vibration beyond the limits of the property in excess of the ministry
4.0 DEFINITIONS
30 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
of environment's guidelines or if these operations involve stamping presses.
All manufacturing or assembly activities shall be conducted entirely within
one or more wholly enclosed buildings.
170.
MARINA - shall mean an area of establishment, with or without buildings,
providing facilities or services for boats and/or float planes or persons
travelling by boat and/or float plane, and operated on a commercial basis or
by a company or group of persons such as a club organized for pleasure or
recreational purposes, and may include slips, docks, moorings, boat and/or
float plane waste disposal arrangements, fuelling facilities, boat and/or float
plane storage, the sale, rental or repair of boats and/or floatplanes, boat
and/or float plane motors or boat and/or floatplane accessories and the
provision of refreshments.
171.
MEDICAL OFFICE - shall mean a building or part thereof, other than a
hospital, used by medical doctors, dentists, optometrists, podiatrists,
registered and licensed massage therapists, chiropractors and/or drugless
practitioners, the practice of health discipline, radiological technicians,
registered psychologists and their staff for the purpose of public or private
medical, surgical physiotherapeutic or human health and may include
administrative offices, waiting rooms, treatment rooms, laboratories,
ophthalmic dispensers, pharmacies, blood donor facilities, specimen
collection centres and dispensaries directly associated with the facility, but
does not include overnight accommodation, except for sleep clinics, in which
patients and required staff members may remain overnight for the diagnosis
or treatment of sleep disorders.
172.
MOBILE HOME or MODULAR HOME - shall mean any vehicle or
portable dwelling so constructed that it is suitable for being attached to a
motor vehicle for the purpose of being drawn or propelled by the motor
vehicle and capable of being used for the living, sleeping or eating
accommodation for persons, notwithstanding that the said vehicle or portable
dwelling has been jacked up or its running gear removed.
173.
MOBILE HOME PARK - shall mean a parcel of land under single or
condominium ownership which has been designed for the placement of
mobile homes for non-transient uses, together with ancillary facilities.
174.
MOBILE HOME SITE - shall mean a parcel of land within a mobile home
park which is individually serviced and intended for the placement of one
mobile home.
175.
MOTEL - shall mean one building, or two or more detached buildings for
the purpose of catering to the needs of the travelling public by furnishing
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 31
sleeping accommodation with or without a supply of food, refreshments, or
both, and provided each guest or sleeping room may be entered from a
separate building, and shall include associated parking facilities, and all such
buildings operating under the Liquor License Act, and the Tourism Act.
176.
MOTOR VEHICLE - a motor vehicle within the meaning of the Highway
Traffic Act, as amended.
177.
MUNICIPAL DRAIN - shall mean drainage works constructed and
maintained under the provisions of the Drainage Act and including both open
and closed drain channels.
178.
MUNICIPALITY or TOWNSHIP - shall mean the Corporation of the
Township of Chapleau.
179.
MUNICIPAL SERVICES - shall mean such services as curbs, gutters,
sidewalks, pavement and roadworks, sewerage systems, sanitary and
drainage systems, water treatment plants, pumping stations, sewage treatment
plants, private drain connections, watermains, service pipes, electrical
services, street lights, and stormwater management controls and systems
designed to service or capable of servicing a lot.
180.
NON-COMPLYING - shall mean a lot, building, or structure which is
existing but does not meet, comply or coincide with the building, lot, yard,
parking and other regulations of this By-law.
181.
NON-CONFORMING - shall mean a use which is existing on the date of
passing of this By-law, but not permitted in the zone in which the said use is
situated.
182.
NON-RESIDENTIAL - when used with reference to a building, structure or
use, shall mean designed, intended or used for purposes other than those of a
dwelling.
183.
NOXIOUS USE - a use or activity which, from its nature or from the manner
of carrying on same, creates of is liable to create, by reason of destructive gas
or fumes, dust, objectionable odor, noise or vibration or unsightly storage of
goods, wares, merchandise, salvage, machinery parts, junk, waste or other
material, a condition which may become hazardous or injurious as a regards
to health or safety or which prejudices the character of the surrounding area
or interferes with or may interfere with the normal enjoyment of any use or
activity in respect of any land, building or structure.
4.0 DEFINITIONS
32 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
184.
NURSERY AND GARDEN STORE - shall mean the use of land, buildings
or structures or part thereof where trees, shrubs or plants are grown or stored
for the purpose of transplanting, for use as stocks for buildings or grafting or
for the purpose of retail or wholesale, together with the sale of soil, planting
material, fertilizers and similar materials.
185.
NURSING HOME - a building in which the proprietor supplies for hire or
gain, lodging with or without meals, and, in addition, provides nursing,
medical or similar care or treatment, if required, and shall include only those
facilities licensed, approved or supervised under the Nursing Homes Act, as
amended, and the Homes for the Aged and Rest Homes Act, R.S.O. 1980, c.
203, as amended.
186.
OCCUPY - shall mean the use of a building or part thereof for the shelter or
support of persons, animals or property.
187.
OFFICE- shall mean any building or part of a building or any room or suite
of rooms designed, intended or used for the conduct of a profession,
occupation or business, but shall not include the office of a veterinarian or
animal clinic, the retailing of merchandise, the manufacturing, repairing or
storage of goods, a financial institution, medical office, or any place of
assembly or amusement.
188.
OPEN AIR FARMERS MARKET AND FLEA MARKET - shall mean an
establishment or premises where the farm products of a local farming
community are sold at retail from open air areas designated for individual
retailers, and shall also include an occasional or periodic sales activity held
within an open air area where individual sellers offer goods, new and used,
for sale to the public, not to include private garage sales. For clarity,
preparation of food for consumption on the premises is not permitted.
189.
OPEN SPACE, LANDSCAPED - shall mean open unobstructed space on
the site which is suitable for landscaping, including any part of the site
occupied by recreational accessory buildings, any surfaced walk, any
balcony, deck, patio which is less than 0.6 m in height and not attached to a
building or structure, any sports or recreation area, any ornamental or
swimming pool, and the roof or other part of a building or structure open to
the air and suitable for landscaping and used as a recreational area, but
excluding any driveway or ramp, whether surfaced or not, any curb, retaining
wall, or parking area.
190.
ORGANIC SOIL CONDITIONING - shall mean incorporating processed
organic waste in the soil to improve its characteristics for crop or ground
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 33
cover growth. Such activities are subject to approval by the Ontario Ministry
of Environment.
191.
OUTDOOR DISPLAY AND SALES AREA - shall mean an area set aside
out of doors covered or uncovered, to be used in conjunction with an
established use or business located, in adjacent permanent premises for the
display or sale of fresh produce or new goods or merchandise, but does not
include an automobile sales and service establishment.
192.
OUTDOOR PATIO - shall mean an area set aside out of doors, covered or
uncovered for the use of patrons of a licensed restaurant as an accessory use
to the operation of an adjacent eating establishment.
193.
OUTDOOR STORAGE - shall mean the storage of goods in the open air and
in unenclosed portions of buildings which are open to the air on the sides.
194.
PARK, PRIVATE - shall mean a park not open to the general public and
may be operated for commercial gain.
195.
PARK, PUBLIC - shall mean a park controlled or owned by the Township or
a public authority normally open to the public.
196.
PARKING - shall mean the temporary storage of a motor vehicle, boat,
motor home, trailer or other similar recreation vehicles. Temporary when
used in reference to a recreation vehicle shall mean a period of time not
exceeding a total of 14 days in any given calendar year.
197.
PARKING AREA or PARKING LOT - shall mean an area or areas of land
or a building or structure or part thereof which is provided and maintained
for the purpose of temporary parking or storing of motor vehicles accessory
to a permitted use.
198.
PARKING AREA or PARKING STRUCTURE, PUBLIC - shall mean a
non-accessory parking area which is an open area, other than a street, or a
building or structure used for the temporary parking of two (2) or more
motor vehicles for profit or gain.
199.
PARKING SPACE - shall mean a defined area, exclusive of aisles or
driveways, enclosed or unenclosed in a building and set aside for the parking
of a motor vehicle.
200.
PERSON - shall include an individual, an association, a firm, a partnership
or an incorporated company, municipal corporation and the agent, trustee,
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34 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
heirs, executors, or other legal representatives of a person to whom the
context can apply according to law.
201.
PERSONAL SERVICE SHOP - shall mean a building or part thereof in
which services are provided and administered to the individual and personal
needs of persons or their pets, and without limiting the generality of the
foregoing, includes barber shops, hairdressing establishments, dog grooming
establishments, spas, shoe repair and shoe shining shops, tailor shops, bake
shops, dry cleaning depots and laundromats, wherein machines and facilities
for wet laundering, drying or finishing are available for public use at a cost,
but shall not include a dry cleaning establishment.
202.
PHARMACY - shall mean a retail establishment which dispenses
prescription drugs and which sells, among other things, non-prescription
medicines, health and beauty products and associated sundry items.
203.
PHYSICIAN - a person licensed to practice medicine as defined in the
Health Disciplines Act, R.S.O. 1980, c. 196, as amended.
204.
PINBALL OR ELECTRONIC GAME MACHINE ESTABLISHMENT -
any premises or part thereof containing not less than three and not more than
twenty pinball or other mechanical or electronic game machines operated for
gain and containing no other use except an eating establishment.
205.
PIT - shall mean a place where unconsolidated gravel, stone, sand, earth,
clay, fill mineral or other material is being or has been removed by means of
an open excavation, and may include the processing thereof for commercial
purposes including screening, sorting, washing, crushing and other similar
operations, and buildings and structures.
206.
PLACE OF ENTERTAINMENT - shall mean a motion picture or other
theatre, amusement arcade including amusement game machines, arena,
auditorium, assembly hall, billiard or pool room, bingo hall, drive-in theatre,
bowling alley, indoor racquet courts, indoor swimming pool, ice or roller
rink, studio, dance hall or music hall, but does not does not include an adult
entertainment establishment or any place of entertainment or amusement
otherwise defined or classified herein.
207.
PLACE OF WORSHIP - shall mean a building dedicated to religious
worship and includes a church, synagogue, temple, mosque, hermitage or
assembly hall and may include such accessory uses as a nursery school, a
school of religious education, convent, monastery, parish hall or an assembly
hall.
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Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 35
208.
POINT OF INTERSECTION - shall mean the point at which street lines
abutting a corner lot intersect, or, if the street lines do not intersect at a point,
then the point of intersection shall be deemed to be the intersection of the
projection of the street lines or the intersection of the tangents of the street
lines.
209.
PORCH - shall mean a roofed open area, which may be glazed or screened,
attached to the outside of a building and with direct access to or from a
building.
210.
PORTABLE ASPHALT OR PORTABLE CONCRETE PLANT - shall
mean equipment for the crushing, screening or washing of sand and gravel
aggregate materials that are capable of being readily drawn or readily
propelled.
211.
PRINTING ESTABLISHMENT - shall mean a building, or part thereof,
used for the primary purpose of printing, lithographing, duplicating or
publishing.
212.
PRIVATE HOME DAY CARE - means the temporary care for reward or
compensation of five children or less who are under ten years of age where
such care is provided in a private residence, other than the home of a parent
or guardian of any such child, for a continuous period not exceeding twenty-
four hours.
213.
PRIVATE ROAD - shall mean a right-of-way, existing on the day of passing
of this By-law, which has not been dedicated as a street or assumed by the
Township, but is owned privately and which affords the principal means or
access to abutting, separately owned, legally conveyable parcels of land.
214.
PROPANE TRANSFER FACILITY - shall mean a facility at a fixed
location having not more than one storage container and such container shall
not have an aggregate propane storage capacity in excess of fifty thousand
litres and from which no retail sale of propane fuel to the public is or may be
affected.
215.
PUBLIC AUTHORITY - shall mean any school board, public utility
commission, transportation commission, public library board, board of parks
management, board of health, board of commissioners of police, planning
board or other board of commission or committee of local authority
established or exercising any power or authority under any general or special
statute of Ontario or Canada with respect to any of the affairs or purposes of
a Township or any portion thereof, and includes any board, commission or
committee or local authority established by By-law of the Township.
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36 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
216.
PUBLIC LANE - shall mean a public thoroughfare which affords only a
secondary means of access to abutting lots and which is not intended for
general traffic circulation.
217.
PUBLIC STORAGE - shall mean a building or building consisting of
individual units with personal vehicular access, used for the storage of goods,
wares, merchandise, foodstuffs, substances, articles or things, but does not
include a fuel storage tank except as an accessory use.
218.
PUBLIC USES - the buildings, structures and other related works necessary
for the purpose of public service by the Corporation of the Township of
Chapleau, by any local board thereof as defined by The Municipal Act, as
amended, or any department of the Government of Ontario or Canada.
219.
PUBLIC UTILITIES - shall mean the buildings, structures and other related
work necessary for supplying transportation services, water, gas, oil,
electricity, steam, hot water, communication/telecommunication services,
storm drainage, sewage collection and treatment facilities and other similar
services but does not include solid waste management facilities, waste
transfer operations, recycling facilities or a composting operation.
220.
QUARRY - shall mean land or land under water from which consolidated
gravel, stone, sand, earth, clay, fill mineral or other material is being or has
been excavated, and that has not been rehabilitated, but does not mean land
or land under water excavated for a building or structure on the excavation
site
221.
QUEING LANE - shall mean a continuous on-site roadway for motor
vehicles, generally established as part of drive through eating establishments
and other similar commercial uses, which is separated from other vehicular
traffic and pedestrian circulation by barriers, markings or signs.
222.
RECREATIONAL VEHICLE - shall mean a portable vehicular unit
designed for travel, camping or recreational use, including but not limited to
a travel trailer, motor home, pickup camper, motorized camper, tent trailer,
boat or boat trailer.
223.
RECREATIONAL VEHICLE SALES, SERVICE AND STORAGE
ESTABLISHMENT - shall mean premises where new and/or used
recreational vehicles, as defined herein, are stored or displayed for the
purpose of sale, lease or hire and shall include the storage and sale of
accessories together with the repair and service of recreational vehicles and
boats.
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 37
224.
RECYCLING CENTRE - shall mean land and one or more buildings where
recyclable material is received from a generator of waste for the purpose of
sorting and consolidating, and resale or delivery to another location.
225.
REDEVELOPMENT - shall mean the removal of buildings or structures
from land and the construction or erection of other buildings or structures
thereon.
226.
RESIDENTIAL USE - shall mean the use of a building or structure or parts
thereof as a dwelling.
227.
RESOURCE EXTRACTION OPERATION - shall mean a place where
gravel, rock, sand, earth, clay, fill, mineral, petroleum resources or other
minerals being or has been removed by means of an open excavation to
supply material for construction, industrial or manufacturing purposes, but
does not include a wayside pit or wayside quarry.
228.
RETAIL AND SERVICE USES RELATED TO RECREATION - shall
include such uses as boat and watercraft rentals, snack bars, refreshment
rooms, miniature golf, and other similar recreational uses.
229.
RETAIL ESTABLISHMENT - shall mean a building or part of building
where goods, wares, merchandise, articles or things are offered or kept for
sale at retail and includes storage on or about the store premises of limited
quantities of such goods, wares, merchandise, articles or things sufficient
only to service such store but does not include any wholesale establishment
or business supply use, large format retail establishments, or any
establishment otherwise defined or classified.
230.
RETAIL ESTABLISHMENT, CONVENIENCE - shall mean a retail
establishment where both household and grocery items are offered for sale
primarily to serve people's daily needs and may include the rental of videos,
an automated banking machine and/or depots for such items as film, laundry
or dry cleaning.
231.
RETAIL ESTABLISHMENT, LARGE FORMAT - shall mean any retail
establishment,
including
supermarkets,
home
improvement
stores,
department stores and other retail establishments over 3,000m2 in gross floor
area.
232.
RETIREMENT HOME - shall mean a residence providing accommodation
primarily for retired persons or couples where each private bedroom or living
unit has a separate private bathroom and separate entrance from a common
hall or directly to outside and where common facilities for the preparation
4.0 DEFINITIONS
38 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
and consumption of food shall be provided, and common lounges, recreation
rooms and medical care facilities shall also be provided.
233.
RIGHT-OF-WAY or EASEMENT - shall mean any right, liberty or
privilege, in, over, along or under land, which the owner of one lot may have
with respect to any other lot or which the Township, any other governmental
authority or agency, private company or individual may have with respect to
any land in the Township of Chapleau.
234.
ROAD - shall have the meaning attributed to it in the definition of street.
235.
SALVAGE YARD or SCRAP YARD - shall mean an establishment, lot or
premises used for the storage, wholly or partly in the open, handling,
processing, or any combination thereof, of scrap material for reuse for the
purpose of commercial gain, which without limiting the generality of the
foregoing, shall include waste paper, rags, bones, bottles, bicycles, vehicles,
tires, metal, and junk. Scrap metal yards and automobile salvage yards shall
also be included.
236.
SANITARY SEWER - shall mean an adequate system of underground
conduits, operated either by the Township or by the Ministry of the
Environment or their agents, which carries waste water to an adequate place
of treatment which meets with the approval of the Ministry of the
Environment.
237.
SATELLITE DISH - shall mean a device designed to receive
communication signals from a satellite.
238.
SCHOOL - shall mean any educational establishment operating under the
jurisdiction of a Board as defined in the Education Act, or a college or
university including a nursery or boarding school which may or may not have
accessory dormitory facilities.
(a) SCHOOL, COMMERCIAL - shall mean an educational establishment not
under jurisdiction of any school board or the Government of Ontario,
operating for gain or profit.
(a) SCHOOL, PRIVATE - shall mean an educational establishment which
does not operate under the jurisdiction of a Board or the Government of
Ontario.
(b) SCHOOL, PUBLIC - shall mean an educational establishment operating
under the jurisdiction of the Essex County Board of Education, the
Windsor-Essex Catholic District School Board, Conseil Scolaire de
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 39
District du Centre-Sud-Ouest, or a school operated under charter granted
by the Province of Ontario.
239.
SEASONAL PRODUCE - shall mean products harvested or capable of
being harvested within the County of Essex and surrounding area during the
season at which it is offered for sale, and which shall include evergreen trees.
240.
SENIOR CITIZEN HOUSING - any housing for senior citizens sponsored
and administered by any public agency or service club, church or other non-
business organization, either of which obtains financing from federal,
provincial or municipal governments or agencies, or by public subscription
or donation, or by any combination thereof, and such homes may include
auxiliary uses such as club and lounge facilities, usually associated with
senior citizen development.
241.
SERVICE SHOP AND REPAIR ESTABLISHMENT - shall mean a
premises engaged in maintaining, repairing and installing machinery and
equipment for household and personal use, such as air conditioners,
appliances, watches, clocks, jewellery, reupholstery and furniture repair.
242.
SERVICE TRADE ESTABLISHMENT - shall mean an establishment
where an individual who performs electrical, plumbing, carpentry or other
similar trade work, primarily off-site, may store materials and may have an
accessory office.
243.
SETBACK - shall mean the horizontal distance between the nearest part of
any main wall of any building or structure and what it is to be set back from,
measured at right angles and extending the full width or depth of the lot.
244.
SHOPPING CENTRE - shall mean a group of commercial uses, planned,
designed, developed and managed as a unit by a single owner or tenant, or
group of owners or tenants, as opposed to a business area comprising
unrelated individual business uses, and having off-street parking provided on
the same lot.
245.
SIGHT DISTANCE - shall mean a length of distance measured along a
street line from the point of intersection of two street lines.
246.
SIGHT TRIANGLE or SIGHT VISIBILITY TRIANGLE - shall mean a
triangular space, free of buildings, structures and obstruction other than those
expressly permitted by this By-law, formed by the street lines abutting a
corner lot and a third line drawn from a point on a street line to another point
on a street line, each such point being the required sight distance from the
point of intersection of the street lines.
4.0 DEFINITIONS
40 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
ILLUSTRATION OF SIGHT TRIANGLES (PROVIDED FOR ILLUSTRATION
PURPOSES ONLY):
247.
SIGN - any sign, notice advertising device, or any part thereof, whether it
contains words or not and includes any device that is used solely to attract
attention.
248.
SMALL-SCALE GENERATING SYSTEMS - shall mean systems that
generate electricity only for the property owner and do not contribute to the
electricity grid.
249.
STORAGE - shall mean the keeping of goods and materials. When used in
reference to a recreational vehicle, storage shall mean parking that exceeds
14 days in any given calendar year.
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 41
250.
STORAGE CONTAINER - shall mean the keeping of goods and materials
in an Industrial Zone within a metal box similar to a shipping container or
that which would sit atop of a transport truck trailer without the wheels.
251.
STOREY - shall mean that portion of a building:
(a) 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;
(b) which is more than fifty percent above the average finished grade; and
(c) which has a height of not less than two metres and includes an attic having
not less than two metres headroom for at least fifty percent of the attic's
floor area.
252.
STOREY, FIRST - shall mean the lowest story of a building, at or
immediately above grade.
4.0 DEFINITIONS
42 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
ILLUSTRATION
OF
STOREY
DEFINITIONS
(PROVIDED
FOR
ILLUSTRATION PURPOSES ONLY):
253.
STREET, HIGHWAY, OR ROAD - shall mean a common and public street,
road, highway or commons vested in the Township, the Province or any other
public authority having jurisdiction over the same and includes a bridge or
any other structure forming part of a street on, over or across which a street
passes, but does not include a private road.
254.
STREET, CENTRELINE - shall mean the centerline of the original road
allowance as opposed to the centreline of the traveled roadway, or any
widened road allowance.
255.
STREET LINE - shall mean the limit of a street allowance and is the
boundary or dividing line between a street and a lot.
256.
STRUCTURE - shall mean anything that is erected, built or constructed of
parts joined together which is fixed to or supported by the soil, any other
structure or both, including a satellite dish but excluding a balcony, deck or
patio with a floor height less than 0.6 m and not attached to a building, a
sign, fence or private outdoor swimming pool. Lawn items such as
clotheslines, bird house, bird baths, play equipment, and other similar items
shall not be considered as structures and are not regulated by this By-law.
Not less than 2m
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 43
257.
STUDIO - shall mean a building or part thereof used as the workplace of a
photographer, craftsman or artist or for the instruction of art, music, dancing,
photography, languages or similar disciplines and artistic endeavours. The
sale of any artifacts produced therein shall be permitted only as an accessory
use.
258.
SUPERMARKET - shall mean a retail establishment having at least 700m2
of gross floor area but not more than 3,000m2 of gross floor area, in which
the sales of a balanced line of groceries, bakery products, dairy products,
canned and/or frozen foods, prepared meats, meats, fish and poultry, fresh
fruits and vegetables and other food lines form the dominant business activity
and some of which may be prepared, processed or packaged on the premises.
In addition, limited lines of non-food items may be carried including
newspapers, magazines, paper products, soft drinks, tobacco items, health
and beauty aids, small housewares and similar convenience goods.
259.
SWIMMING POOL, PRIVATE OUTDOOR - shall mean a privately owned
pool whether or not in the ground, capable of being used for swimming,
wading, diving or bathing and which, when filled, is capable of containing a
depth of point three metres or more of water. For the purpose of regulations
pertaining to lot coverage in the by-law, a "private outdoor swimming pool"
is deemed not to be a building or structure.
260.
TAVERN - shall mean a building or part thereof in which alcoholic or non-
alcoholic beverages, with or without related snacks or refreshments other
than full meals, are offered or kept for retail sale to the public for immediate
consumption therein, and does not include mobile fast food outlets.
261.
TAXI ESTABLISHMENT - shall mean a property, site or building used as a
dispatch office or an area, site or location intended for the parking of taxis
and/or limousines when not engaged in transporting persons or goods.
262.
TOP OF BANK - shall mean, when used with reference to a watercourse,
the highest elevation of land which ordinarily confines the waters of such
watercourse when they rise out of the stream bed.
263.
TOURIST INFORMATION SERVICES - shall mean a property, site or
building intended to provide information to the travelling public, either as a
main use or as an accessory use.
264.
TRAILER OR RECREATION VEHICLE - shall mean any vehicle so
constructed that it is suitable for being attached to a motor vehicle for the
purpose of being drawn or propelled by the motor vehicle, or is self-
propelled, and capable of being used for temporary living or sleeping of
4.0 DEFINITIONS
44 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
persons therein for seasonal travel, recreation and vacation activity,
notwithstanding that such vehicle is jacked up or that its running gear is
removed. This definition shall include tent trailers, motor homes, truck
campers, or similar transportable accommodation but shall not include a
mobile home as defined herein.
265.
TRAILER, PORTABLE - shall mean a structure constructed in such a
manner to form a transportable room or rooms to provide temporary shelter
as a classroom or office.
266.
TRANSPORT TERMINAL - shall mean a premises used for the transfer of
goods primarily involving loading and unloading of freight-carrying trucks,
and/or involving the storing, parking, servicing and dispatching of freight-
carrying trucks.
267.
UNENCLOSED - when used in reference to a deck, terrace or patio shall
mean a structure with no walls and no roof.
268.
UNIT - when used in reference to a nursing or rest home shall mean a room
providing sleeping accommodation for not more than four individuals. For
the purposes of this definition, a single room, double room or small ward
with four or fewer beds shall each be considered one unit.
269.
USE - when used as a noun, shall mean the purpose for which any land,
building, structure or premises, or part or combination thereof, is arranged,
designed or intended to be used and "uses" shall have a corresponding
meaning. "Use", when used as a verb, or "to use" shall have a corresponding
meaning.
270.
UTILITY YARD - shall mean any above-ground structures or facilities,
other than buildings, unless such buildings are used as storage incidental to
the operation of such structures or facilities, owned by a governmental entity,
a non-profit organization, a corporation, or any entity defined as a public
utility for any purpose and used in connection with the production,
generation, transmission, delivery, collection, or storage of water, sewage,
electricity, gas oil, or electronic signals.
271.
VEHICLE - shall mean a wheeled means of transport for the transportation
of passengers and/or goods and without limiting the generality of the
foregoing, includes automobiles, motorcycles, trucks buses, ambulances,
hearses, motor homes, tractors, self-propelled farm machinery and trailers.
272.
VETERINARIAN - a person registered under the provisions of The
Veterinarian Act, R.S.O. 1980, c. 522, as amended.
4.0 DEFINITIONS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 45
273.
Veterinarian's office or clinic - see animal clinic.
274.
WAREHOUSE - shall mean a building or part thereof which is used
primarily for the housing, storage, adapting for sale, packaging or wholesale
distributing of goods, wares, merchandise, foodstuff, substances, articles or
things, but does not include a fuel storage tank except as an accessory use.
275.
WASTE DISPOSAL SITE - shall mean any land upon, into or through
which waste is deposited including the processing and any machinery or
equipment or operation for the treatment or disposal of waste.
276.
WASTE PROCESSING FACILITY - shall mean lands, buildings or
structures in or upon which waste is shredded, baled, pulverized, composted,
separated or otherwise treated or altered to facilitate its further transfer,
processing, utilization or disposal, and in accordance with a Certificate of
Approval issued by the Ontario Ministry of the Environment where such
certificate is required.
277.
WASTE TRANSFER SITE - shall mean lands where waste is collected and
temporarily stored so that it can be batched and shipped to a recycling centre
or waste disposal site.
278.
WATERCOURSE - shall mean the natural channel for a stream of water.
279.
WAYSIDE PIT or WAYSIDE QUARRY - shall mean a temporary pit or
quarry opened and used for public authority projects solely for the purpose
of a particular project or contract of road construction and is not located
within the road right-of-way.
280.
WHOLESALE ESTABLISHMENT - shall mean a lot, building or structure
used for the resale of goods to persons in large quantities.
281.
WORKSHOP - an establishment where manufacturing or handicrafts are
carried on.
282.
YARD - shall mean an open space on the same lot with a main building or
structure, unoccupied and unobstructed except as otherwise provided in this
by-law. In determining yard measurements, the minimum horizontal distance
between the main building or structure and the respective lot lines measured
perpendicular from the lot line shall be used.
(d) FRONT YARD - shall mean a yard extending across the full width of a lot
between the front lot line and the nearest wall of the main building or
structure on the lot.
4.0 DEFINITIONS
46 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(e) REAR YARD - shall mean a yard extending across the full width of a lot
between the rear lot line and the nearest wall of the main building or
structure on the lot.
(f) SIDE YARD - shall mean a yard between the side wall of the main
building or structure on the lot and the side lot line and extending form the
front yard (or front lot line, if no front yard exists) to the rear yard (or the
rear lot line, if no rear yard exists).
(g) SIDE YARD, EXTERIOR - shall mean a side yard immediately adjoining
a street.
(h) SIDE YARD, INTERIOR - shall mean any side yard other than an
exterior side yard.
ILLUSTRATION OF YARD DEFINITIONS (FOR ILLUSTRATION PURPOSES
ONLY):
283.
ZONE - shall mean an area delineated on a zoning map schedule and
established and designated by this By-law for a specific use or group of uses.
5.0 ZONES AND ZONING MAPS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 47
5.0 Zones and Zoning Maps
5.1
GENERAL
For the purpose of this By-law all the lands within the boundaries of the Township
are hereby divided into various zones to which the provisions and regulations herein
shall respectively apply.
5.2
ESTABLISHMENT OF ZONES
For the purpose of this By-law the map and map parts hereto attached as Schedule
"A" shall be referred to as the zoning maps for the Township of Chapleau. The
zoning maps shall be divided into the following zones and such zones are shown on
the zoning maps by symbols consisting of letters and symbols or letters or symbols
only as the case may be, as listed below:
Zone Symbol
Zone Title
Residential Zones
R1
Residential Density Zone 1
R2
Residential Density Zone 2
RM1
Residential Multiple Density Zone 1
RM2
Residential Multiple Density Zone 2
RMH1
Residential Mobile Home Zone 1
Commercial Zones
TC
Town Centre Commercial
CC
Corridor Commercial
NC
Neighbourhood Commercial
Employment Zones
M1
General Employment
M2
Business Park
Institutional Zones
I1
Institutional
5.0 ZONES AND ZONING MAPS
48 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
Zone Symbol
Zone Title
Rural Zones
RU
Rural Zone
Open Space Zones
OS1
Public Open Space
OS2
Private Open Space
Environmental Protection and Hazard Lands Zones
HL
Hazard Lands
EP
Environmental Protection
5.3
USE OF ZONE SYMBOLS
The symbols listed in Section 5.2 shall be used to refer to land, buildings, and
structures and to the use thereof permitted by this by-law in the said zones, and
whenever in this by-law the word "zone" is used, preceded by any of the said
symbols, such zone shall mean any area within the Township delineated on the
zoning maps and designated thereon by the said symbol.
5.4
DEFINED AREAS
Certain areas within any of the various zones or within parts of more than one zone
may be more specifically regulated and such areas shall be known as "defined areas".
All zones may be subdivided into one or more defined areas which shall be
designated by reference to the symbol of the zone within which each such defined
area is located together with an additional symbol, either letter, number, or both, so as
to differentiate different defined areas within a zone from each other and from other
areas within the zone.
5.5
HOLDING ZONE (H) PROVISIONS
Where the zoning applying to any lot or area includes the symbol (h) suffixed to any
zone symbol, only existing uses shall be permitted until such time as the (h) is
removed. Application of the (h) symbol indicates that development of the lands is
premature at the present time. However, it does indicate the use to which lands,
buildings or structures may be put at such time in the future as the holding symbol is
removed by amendment to this by-law in accordance with Section 36 of the Planning
Act. Section 6.3.2.1 of the Township of Chapleau Official Plan outlines the criteria to
be satisfied in order to remove the holding symbol (h); however, more specific
5.0 ZONES AND ZONING MAPS
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 49
criteria or holding provisions may be included in a site-specific exception zone,
provided that such criteria is in conformity with the Official Plan.
5.6
INCORPORATION OF ZONING MAPS
The location and boundaries of the zones and defined areas established by this as
shown on the zoning maps hereto appended as Schedule "A" and map parts together
with everything shown thereon and all succeeding amendments thereto, are hereby
incorporated in and declared to form part of this By-law.
5.7
APPLICATION OF REGULATIONS
No person shall within any zone or defined area use any land or erect, build,
construct, reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any
building or structure, except in conformity with this by-law for the zone or defined
area in which such land, building, structure or use is located.
5.8
INTERPRETATION OF ZONE AND DEFINED AREA
BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said
zones or defined areas as shown on the zoning maps, the following shall apply:
(a) The boundary of the zones are defined area are the street centrelines or the
lot lines and the projection thereof, unless otherwise shown.
(b) Where zone boundaries or defined area boundaries are indicated as
approximately following lot lines shown on a registered plan of
subdivision, such lot lines shall be deemed to be the said boundary.
(c) Where zone boundaries or defined area boundaries are indicated as
approximately parallel to the street line and the distance from such street
line is not indicated, such zone boundaries or defined area boundaries shall
be construed as being parallel to such street line and the distance
therefrom shall be determined by the use of the scale shown on the zoning
maps.
(d) Where a street, private road, or electrical transmission line right-of-way,
or watercourse include on the zoning maps, is included within the zone or
defined area of the adjoining property on either side thereof, and where
such street, private road, right-of-way, or watercourse serves as a
boundary between two or more different zones, defined areas or both, a
line midway in such street, private road, right-of-way, or watercourse and
extending in the general direction of the long division thereof is
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50 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
considered the boundary between zones, defined areas, or both, unless
specifically indicated otherwise.
(e) Where a dedicated street or right-of-way shown on the map is closed, the
property formerly in the said street or right-of-way shall be included
within the zone or defined area of the adjoining property on either side of
the said closed street or right-of-way and the zone boundary or defined
area boundary shall be the former street centerline of said closed street or
right-of-way.
(f) Where a zone or defined area boundary is indicated as following the edge
of watercourse, the boundary shall follow the top of bank of such
watercourse and, in the event that the top of bank of such watercourse
changes, the boundary shall be taken as having moved with the top of
bank.
(g) Where a defined area boundary appears to follow a zone boundary it shall
be taken as following such a zone boundary.
6.0 GENERAL PROVISIONS
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6.0 General Provisions
Contents
6.1
APPLICATION OF GENERAL PROVISIONS.................................................................53
6.2
ACCESSORY DWELLING UNIT ...................................................................................53
6.3
ACCESSORY USES, BUILDINGS AND STRUCTURES...................................................54
6.4
AGRICULTURAL HOME OCCUPATION ......................................................................55
6.5
AUTOMOBILE SERVICE STATION, AUTOMOBILE REPAIR ESTABLISHMENT AND
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT ............................................56
6.6
BALCONIES, DECKS AND PATIOS ..............................................................................57
6.7
BED AND BREAKFAST ESTABLISHMENT ..................................................................57
6.8
BOAT DOCK ...............................................................................................................58
6.9
BUFFER STRIP ............................................................................................................58
6.10
CONFORMITY WITH EXISTING SETBACKS ...............................................................59
6.11
CONVERSION OF SEASONAL DWELLINGS FOR PERMANENT OCCUPANCY ............59
6.12
CONVERTED DWELLING ...........................................................................................60
6.13
DANGEROUS USES .....................................................................................................60
6.14
EXISTING LOT ............................................................................................................60
6.15
NATURAL HAZARDS AND FLOOD PROTECTION PROVISIONS .................................61
6.16
GROUP HOME DWELLING .........................................................................................61
6.17
HEIGHT RESTRICTION EXCEPTIONS ........................................................................62
6.18
HOME INDUSTRY .......................................................................................................62
6.19
HOME OCCUPATION ..................................................................................................63
6.20
KENNEL ......................................................................................................................65
6.21
LANDSCAPED OPEN SPACE .......................................................................................65
6.22
LANDSCAPING AND BUFFERING................................................................................66
6.23
LANDS EXHIBITING HAZARDOUS CONDITIONS .......................................................66
6.24
LICENCES, PERMITS, AND OTHER BY-LAWS ...........................................................66
6.25
MINIMUM DISTANCE SEPARATION ..........................................................................66
6.26
ENVIRONMENTAL PROTECTION SETBACKS ..................................................67
6.27
NON-COMPLIANCE WITH ZONE REQUIREMENTS ...................................................67
6.28
NON-CONFORMING USES ..........................................................................................68
6.28.1 CONTINUATION OF EXISTING USES ....................................................................... 68
6.28.2 BUILDING PERMIT ISSUED ..................................................................................... 68
6.28.3 DEEMED TO COMPLY WITH THIS BY-LAW ............................................................ 68
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6.28.4 PERMITTED EXTERIOR EXTENSION ...................................................................... 68
6.28.5 PERMITTED INTERIOR ALTERATION .................................................................... 68
6.28.6 RESTORATION TO A SAFE CONDITION .................................................................. 69
6.28.7 DISCONTINUED NON-CONFORMING USE .............................................................. 69
6.28.8 REPLACEMENT OF NON-CONFORMING BUILDING OR STRUCTURES ................... 69
6.29
NOXIOUS USES ........................................................................................................... 69
6.30
NURSERY AND GARDEN STORE ................................................................................ 69
6.31
OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS ........................................... 70
6.32
OUTDOOR STORAGE ................................................................................................. 70
6.33
PARKING, LOADING AND ACCESS REQUIREMENTS ................................................ 71
6.33.1 PARKING REQUIREMENTS ..................................................................................... 71
6.33.2 PARKING AREAS AND OTHER PARKING PROVISIONS .......................................... 75
6.33.3 LOADING REGULATIONS ....................................................................................... 77
6.33.4 DRIVEWAY REGULATIONS..................................................................................... 78
6.34
PERMITTED ENCROACHMENTS IN REQUIRED YARDS ............................................ 79
6.34.1 ENCROACHMENT AND HEIGHT OF FENCING AND LANDSCAPING ........................ 80
6.35
PERMITTED PUBLIC AND OTHER SERVICES ............................................................ 80
6.36
RECONSTRUCTION OF EXISTING BUILDING ............................................................ 81
6.37
RESOURCE EXTRACTION OR EXPLORATION USE ................................................... 81
6.38
SATELLITE DISHES .................................................................................................... 81
6.39
SECONDARY DWELLING UNITS....................................................................... 82
6.40
SEPARATION OF DWELLINGS FROM RAILWAYS ..................................................... 83
6.41
SERVICING REQUIREMENTS FOR ALL DEVELOPMENT ........................................... 83
6.42
SETBACKS ON STREETS............................................................................................. 83
6.43
SIGHT VISIBILITY TRIANGLES ................................................................................. 83
6.44
SIGNS AND FENCES .................................................................................................... 84
6.45
STREET FRONTAGE REQUIRED ................................................................................ 84
6.46
THROUGH LOTS ........................................................................................................ 85
6.47
YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES ........................................... 85
6.48
TEMPORARY CONSTRUCTION USES ......................................................................... 85
6.49
TRAILER OR BOAT STORAGE ................................................................................... 85
6.50
TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN
HABITATION OR STORAGE ....................................................................................... 85
6.51
UNLAWFUL USES ....................................................................................................... 86
6.52
USES PERMITTED IN ALL ZONES .............................................................................. 86
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6.53
USES PROHIBITED IN ALL ZONES .............................................................................86
6.54
PORTABLE ASPHALT AND CONCRETE PLANTS AND WAYSIDE PITS AND QUARRIES
....................................................................................................................................88
6.1
APPLICATION OF GENERAL PROVISIONS
The provisions of this Section shall apply to all zones and defined areas except as
may otherwise be indicated.
6.2
ACCESSORY DWELLING UNIT
The following provisions shall apply to an accessory dwelling unit, where it is
permitted by this By-law:
(a) pedestrian access to an accessory dwelling unit shall be provided from an
adjacent street or lane and shall be for the sole use of the occupants of the
said accessory dwelling unit and shall be separate from the access to the
commercial portion of the building;
(b) minimum landscaped open space shall be 50% of the total floor area used
for the residential use;
(c) in addition to the minimum number of parking spaces required for the
principal use of the lot, a minimum of 1.0 parking space per dwelling unit
shall be provided on the same lot;
(d) no commercial building wherein gasoline or any other highly flammable,
toxic, or explosive products are handled for commercial purposes in
association with any non-residential use shall have a contiguous dwelling
unit. This shall include, but shall not be limited to, such uses as an
automobile service station, a heavy manufacturing use, a propane transfer
facility, a transport terminal, recreational vehicle sales, service and
storage establishment, a bus terminal, a marina, a hospital or medical
clinic or medical office. Where such dwelling unit exists and the use of the
commercial establishment changes to a use involving the aforementioned
products, the said dwelling unit shall immediately cease to be occupied as
a dwelling unit and shall not be used as a dwelling unit as long as the
aforesaid mentioned products are handled in association with the non-
residential use in the commercial area of the building; and
(e) the dwelling unit(s) shall be either located on the upper floors, or at the
rear of the main floor provided that the dwelling unit(s) do(es) not occupy
more than 50% of the main floor.
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54 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
6.3
ACCESSORY USES, BUILDINGS AND STRUCTURES
Accessory uses, buildings, or structures, are permitted in any zone subject to the
provisions of this By-law, and provided that:
(a) Detached garages, carports or other accessory uses, buildings or
structures:
i)
shall not be considered as an accessory building if attached to
the main building in any way;
ii)
shall not be considered as an accessory building if located
completely underground;
iii)
shall only be permitted where there is a main building existing
on the lot;
iv)
shall not be used for human habitation, except where a
dwelling unit is a permitted accessory use;
v)
shall not be built closer to the front lot line than the minimum
distance required by this By-law for the main building on the
lot unless it is in the Rural Zone provided the applicable
minimum front yard requirements of this By-law are met;
vi)
shall not be located in the required exterior side yard in the
case of a corner lot;
vii)
shall not be built closer than 1.5m from any lot line except that
common semi-detached private garages or carports may be
centred on a mutual side lot line;
viii)
shall not exceed 10% lot coverage in all zones except where
there is a swimming pool, the lot coverage shall not exceed
20%;
ix)
accessory buildings shall not be erected within 2.0m of the
main building; and
x)
shall not exceed 5.0m in height unless otherwise defined in the
particular zone.
Private outdoor swimming pools, including in-ground and above-ground pools, and
associated decks may be constructed and maintained as accessory uses to a dwelling,
subject to By-law 2003-13, provided that such a use:
(a) shall obtain a permit from the Township of Chapleau prior to installing,
constructing, or erecting a private outdoor swimming pool;
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(b) shall be subject to a site plan control agreement approved by the Chief
Building Official;
(c) shall not be located in the front yard;
(d) shall not be located, or have water circulating or treatment equipment such
as pumps or filters, closer to any yard or street line than that of an
accessory use, building, or structure; and
(e) shall not be included in determining lot coverage.
An outdoor display and sales area may be permitted as an accessory use, provided
that:
(a) the outdoor display and sales area is associated only with a retail use
which is the primary or main use of the lot, building or structure; and
(b) the outdoor display and sales area is temporary in nature, and the goods
or articles for sale are only on display during the operating hours of the
business.
6.4
AGRICULTURAL HOME OCCUPATION
The following provisions shall apply to an agricultural home occupation, where it is
permitted by this By-law:
(a) The agricultural home occupation shall have no outdoor storage of
materials, containers or finished products in the front or side yards.
(a) The agricultural home occupation shall not change the rural character or
create or become a public nuisance, particularly in regard to noise, traffic,
loading or unloading, or parking.
(b) The agricultural home occupation shall not occupy more than 25% of the
floor area of the dwelling unit including any basement area used as living
quarters and any basement area used for an agricultural home occupation,
or 18.5m2, whichever is the lesser.
(c) The location of all parts of an agricultural home occupation, other than
parking and external storage shall be as regulated in subparagraph a)
above, confined to a dwelling unit and/or attached garage. An agricultural
home occupation may be permitted within a detached accessory building
or structure subject to a site specific amendment to this By-law. Those
agricultural home occupations lawfully existing within a detached
accessory building or structure on the date of adoption of this By-law
shall continue to be permitted within such buildings or structures.
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56 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(d) No more than three off-street parking spaces shall be associated with the
agricultural home occupation.
(e) No more than two vehicles, including commercial vehicles shall be
permitted to be associated with the agricultural home occupation.
(f) The use shall only include a painting business for things other than motor
vehicles, basement waterproofing, a carpentry shop, a welding or machine
or small tool and equipment repair shop for farm equipment only, a tile
drainage contractor, septic tank disposal, home craft operations such as
pottery, woodworking or weaving, furniture upholstering and refinishing,
or a seed or agricultural products dealer, or any other use similar in nature
which conforms to the preceding criteria and which the Committee of
Adjustment, upon application, permits.
(g) Agricultural home occupations shall be subject to site plan control.
6.5
AUTOMOBILE SERVICE STATION, AUTOMOBILE
REPAIR ESTABLISHMENT AND AUTOMOBILE SALES
AND SERVICE ESTABLISHMENT
The following provisions shall apply to an automobile service station, automobile
repair establishment, and an automobile sales and service establishment, where it is
permitted by this By-law:
(a) The minimum lot frontage shall be 45.0m.
(b) The minimum exterior lot frontage shall be 55.0m.
(c) The minimum lot depth shall be 40.0m.
(d) No portion of any pump island shall be located closer than 6.0m from the
street line of any street.
(e) The minimum distance from the intersection of two street lines to the
nearest ingress or egress ramp shall not be less than 9.0m, or in the case of
the intersection of two arterial streets, the minimum distance shall not be
less than 15.0m.
(f) The minimum distance from any portion of any ingress or egress ramp to
any side lot line which abuts any other lot shall not be less than 3.0m.
(g) The width of any ingress or egress ramp along any street line shall be not
more than 10.5m or less than 7.5m.
(h) The minimum distance between ramps shall not be less than 9.0m.
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(i) The minimum interior angle of any ramp to the street line shall be greater
than 60 degrees and no less than or equal to 90 degrees.
(j) All parts of the ingress and egress ramps shall be maintained with a
cement or asphalt binder or any other type of permanent surfacing to
prevent the raising of dust or loose particles.
(k) Land which is not used for buildings ramps or paving shall be landscaped.
(l) Any permitted outdoor storage area, or vehicular access thereto, involving
the storage, parking or display of motor vehicles for the purpose of sale,
lease, rental, washing, service or repair, or any primary means of vehicular
access to any permitted outdoor storage area, shall be constructed and
maintained with a stable surface which shall have a cement or asphaltic
binder and shall include provisions for adequate drainage facilities.
6.6
BALCONIES, DECKS AND PATIOS
Balconies, decks and patios (with the exception of decks associated with private
outdoor swimming pools, the provisions for which are contained in Section 6.3 of this
By-law), shall be permitted in association with any permitted residential use,
provided that they:
(a) shall not be built closer to the front lot line than the minimum distance
required by this By-law for the main building on the lot;
(b) shall not be located in the required exterior side yard in the case of a
corner lot;
(c) shall not be built closer than 1.5m to any lot line, except where a common
wall is shared, balconies, decks and patios may be located at the lot line;
and
(d) shall not be included in the calculation of lot coverage.
6.7
BED AND BREAKFAST ESTABLISHMENT
The following provisions shall apply to a bed and breakfast establishment, where it is
permitted by this By-law:
(a) bed and breakfast establishments are only permitted within a single
detached dwelling;
(b) the bed and breakfast establishment has no more than three off-street
parking spaces associated with the bed and breakfast establishment,
accommodated on the same lot;
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58 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(c) the bed and breakfast establishment does not include a liquor licensed
premises or other facilities for the servicing of alcoholic beverages to the
general public;
(d) the bed and breakfast establishment complies with the Building Code Act
and such other by-laws and regulations as may be applicable for the
Township
(e) no portion of a guest room is located below grade or within a basement,
walkout basement or cellar;
(f) no portion of a guest room contains facilities for the preparation of meals;
and
(g) all other applicable provisions of this By-law shall apply and be complied
with.
6.8
BOAT DOCK
Notwithstanding any other provisions of the By-law, to the contrary, docks are
permitted in all zones provided they are not more than one metre above grade.
6.9
BUFFER STRIP
Where required by this By-law, buffer strips shall be provided in accordance with the
following provisions:
(a) A buffer strip shall be used for no other purpose than for the erection of a
decorative fence, berm, or the planting of a continuous row of natural
evergreens or natural shrubs, immediately adjacent to the lot line or
portion thereof along which such buffer strip is required hereunder; the
remainder of the strip shall be landscaped and planted with ornamental
shrubs, flowering shrubs flower beds, sodded or seeded grass, or a
combination thereof. Any fence shall be decorative in nature and be
designed and constructed to resist wind damage (e.g., alternating slats).
(b) Where a buffer strip is required in any zone, it shall be of a minimum
height of 1.8 metres and width as specified in the regulations for that zone
or an approved site plan agreement.
(c) A buffer strip shall be located within the zone for which it is required; it
shall be planted, nurtured and maintained by the owner for the lot on
which the buffer strip is located and the replacement of trees and plants
shall be made as necessary.
(d) A buffer strip may form part of any required landscaped open space.
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(e) Where required on a street corner of a corner lot or at a railway
intersection, a buffer strip shall be located in such a way as not to obstruct
sight visibility as provided in Section 6.43.
6.10 CONFORMITY WITH EXISTING SETBACKS
Notwithstanding any other provisions of this By-law in any zone, where undeveloped
lots exist between developed lots, said lots being within the same block and fronting
on the same street, the minimum front yard may be reduced in accordance with the
following provisions:
(a) Where one or two lots exist between existing buildings on abutting lots,
the minimum front yard may be equal to the average front yards of the
existing buildings provided that this depth is not less than 3.0m from the
front lot line unless a lower minimum front yard setback is specified for
the zone, but it need not be greater than the front yard required for the
zone in which the lot is located; and
(b) Where more than two lots exist between existing buildings on abutting
lots, the minimum front yard for dwellings on lots adjacent to the said
existing buildings may be the average of the required front yard and the
actual front yard of the said adjacent building, provided that this depth is
not less than three metres from the front lot line, unless a lower minimum
front yard setback is specified for the zone. For all other lots the minimum
front yard shall be as required for the zone in which the lot is located.
6.11 CONVERSION OF SEASONAL DWELLINGS FOR
PERMANENT OCCUPANCY
The conversion of a seasonal dwelling for the permanent occupancy as a single
detached dwelling may be permitted, provided that:
(a) the lot frontage is on an open public street;
(b) the lot is serviced by a public water supply;
(c) the lot is suitable for use with a septic tank or other on-site sewage system
on a permanent basis as approved by the Ministry of the Environment or
its designated agent, or where the lot is located within a defined sewer
service area it shall be serviced by a public sanitary sewage system; and
(d) the lot and any buildings thereon meet the minimum requirements
prescribed for the applicable zone.
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60 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
6.12 CONVERTED DWELLING
The conversion of a single detached dwelling to a converted dwelling may be
permitted in zones where it is permitted by this By-law, provided that:
(a) the single detached dwelling was legally in existence prior to the date of
passing of this By-law;
(b) each dwelling unit after conversion contains a minimum floor area of
55m2;
(c) there is a maximum total of three (3) dwelling units after conversion;
(d) the building is certified by the Chief Building Official to be structurally
suitable for the proposed conversion; and
(e) the external appearance of the building as a single detached dwelling is
preserved.
6.13 DANGEROUS USES
No land, building or structure shall be used in the Township for the industrial
manufacture, storage or distribution of coal, oil, rock oil, fuel oil, burning fluid gas,
naphtha, benzene, gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum
products or other combustible or inflammable or liquid material which is likely to
create danger to health, or danger from fire or explosion, except as otherwise
provided for this By-law.
6.14 EXISTING LOT
An existing lot or a lot created as a result of a project of a public authority (such as a
road construction project) having less than the minimum frontage or area required by
this By-law may be developed for all uses permitted in the appropriate zone provided
all other regulations of this By-law are satisfied, and
(a) Such lot could have been legally conveyed on the date of passing of this
By-law without consent under Section 50 of the Planning Act, or was
created as a result of a public authority project. Lots created by consent on
or before the passing of this By-law and granted subject to the fulfillment
of specific conditions shall also be considered as being legally conveyable
for the purposes of this Section;
(b) Such lots are serviced by municipal piped water and sanitary sewage
disposal facilities or meet the requirements of the Ministry of Environment
or its designated agent;
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(c) Such lots front on a public street; and
(d) Such lots have a minimum lot frontage of 12.0m.
6.15 NATURAL HAZARDS AND FLOOD PROTECTION
PROVISIONS
Hazards Lands:
i)
Notwithstanding any other provision of this By-law to the
contrary, no part of any building or structure shall be erected
on lands located within the Hazard Lands Zone, as shown on
the Zoning Schedules to this By-law, unless:
the lowest opening of any such building or structure has a
minimum building elevation prescribed in a permit issued
by the applicable Ministry of Natural Resources;
the setback of the nearest wall of any such building or
structure from the water's edge is prescribed in a permit
issued by the applicable Ministry of Natural Resources in
consultation with the Township; and
no person shall construct an accessory building or other
structure within the prescribed setback limits, except a
patio, deck, boat lift, boat well, dock, steps and/or
shoreline protective works, provided that the said facilities
are constructed as prescribed in a permit issued by the
applicable Ministry of Natural Resources in consultation
with the Township.
6.16 GROUP HOME DWELLING
The following provisions shall apply to a group home dwelling, where it is permitted
by this By-law:
(a) A group home dwelling used for correctional purposes or as a crisis care
facility shall only be permitted in an Institutional Zone, and shall comply
with all other Group Home Dwelling provisions.
(b) The group home dwelling shall be permitted in a single detached dwelling
within any Residential Zone, provided that it complies with the regulations
of the zone within which the group home dwelling is located.
(c) A group home dwelling shall comprise the sole use of the dwelling.
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62 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(d) Approval of a site-specific Zoning By-law Amendment shall be required
to accommodate a group home for more than 6 persons, to a maximum of
10 persons (exclusive of supervisory or attendant staff).
(e) No more than two persons shall occupy a dwelling unit within a group
home dwelling.
(f) Any existing group home dwelling which satisfies Provincial standards of
operation but which fails to comply with the requirements of this By-law
on the date that this By-law comes into effect, will be allowed to continue
in operation, but will not be permitted to increase its number of occupants
(exclusive of supervisory or attendant staff). Physical building expansion
that otherwise complies with the provisions of this By-law shall be
permitted.
6.17 HEIGHT RESTRICTION EXCEPTIONS
The height regulations shall not apply to any ornamental dome, chimney,
communications/telecommunications tower, storage silo, grain elevator, windmill,
barn, cupola, steeple, church spire, belfry, water storage tank, elevator enclosure, flag
pole, television or radio antenna, skylight, ventilator, electrical apparatus, solar
energy collection device, or a structure which encloses the mechanical equipment
required for the operation of such building or structure.
6.18 HOME INDUSTRY
Home industries shall be permitted in the Rural Zone. Home industries may also be
permitted in a Residential Zone by way of a site-specific Zoning By-law Amendment,
and provided that:
(a) not more than two persons, other than the owner, are employed therein on
a full-time basis;
(b) there shall be no external display or advertisement other than an unlit sign
which is a maximum size of 4.0m2 indicating only the name, occupation
and practicing hours of the occupant;
(c) there shall be no outdoor storage of materials, containers or finished
products;
(d) mechanical equipment which results in any undue noise, fumes, dust, or
odour escaping to any adjoining premises shall not be used;
(e) such home industry is clearly secondary to the main residential use and
does not change the residential character or create or become a public
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nuisance, particularly in regard to noise, traffic, loading or unloading, or
parking;
(f) the lot shall have not less than 20.0m of lot frontage and 40.0m of lot
depth;
(g) the accessory building used for the home industry shall only be located in
the rear yard of the lot;
(h) there shall be a minimum of 3 off-street parking spaces in addition to any
residential requirements. All the parking for the home industry must be
accommodated on the same lot as the dwelling wherein the home industry
occurs. The parking shall not be located in the required front yard; and
(i) home industries are subject to site plan control.
6.19 HOME OCCUPATION
The following provisions shall apply to a home occupation, where it is permitted by
this By-law:
(a) only individuals permanently residing in the dwelling unit are engaged in
the business;
(b) there shall be no interior or exterior display of any type of sign indicating
the home occupation, on the lot or premises where the home occupation is
being carried out, any larger than a 0.2 m² (2.15 ft.²) unlit, non-reflective
plaque of professional quality, attached to the building;
(c) there will be no outdoor storage of materials, containers or finished
products, except for the monument dealership located on Lot 868 of Plan
43S, which shall be permitted to utilize 15m² (161.40 ft.²) of yard space
for exterior storage of a maximum of 10 upright monuments and 20 flat
type monuments;
(d) the residential character is not changed and that the use does not create or
become a public nuisance, particularly in regard to noise, traffic, loading
or unloading, or parking;
(e) there is no use of mechanical equipment which results in any undue noise,
fumes, dust, or odour escaping to any adjoining premises;
(f) the use does not occupy more than 25% of the floor area of the dwelling
unit including any basement area used as living quarters and any basement
area used for a home occupation. The calculation of the floor area for the
home occupation shall include storage areas, shops, offices, waiting or
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64 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
reception areas, hallways and washrooms entirely dedicated to the home
occupation use, whether in the dwelling or in the accessory building;
(g) sales shall only be permitted by catalogue except those products wholly
produced or manufactured within the home occupation. Direct sales shall
not be permitted from the premises of any home occupation and there shall
be no storage of inventory for retail sale on the site of the home
occupation. There shall be permitted the storage, within the home
occupation area, of inventory for wholly produced or manufactured
products and the repair and servicing of manufactured items. Only home
occupations of this nature shall be permitted to carry and inventory within
the home occupation.
(h) products or items sold as part of the home occupation shall be delivered to
the purchaser and not made available for pick up at the premises of the
home occupation.
(i) the display of sample products shall only be permitted within the
designated area of the home occupation.
(j) products or items sold as part of the home occupation shall be delivered to
the purchaser and not made available for pick up at the premises of the
home occupation.
(k) all parts of a home occupation, other than parking, are confined to a
dwelling unit and/or attached garage. A home occupation may be
permitted within a detached accessory building or structure subject to a
site specific amendment to this by-law. Those home occupations lawfully
existing within a detached accessory building or structure on the date of
adoption of this By-law shall continue to be permitted within such
buildings or structures;
(l) no more than three off-street parking spaces are associated with the home
occupation;
(m) other than parking, the use includes only an office or consulting room for
a professional person or agent, clerical support services, an office for a
trade such as a house builder, painter, or electrician, a general contractor,
an office for a charitable organization, a workroom for a dressmaker or
tailor, a studio for a teacher of music, art or academic subjects, a
photographer or commercial artist, caterer and cake decorator, firearms
catalogue sales and repair, tool sharpening, a barber shop, a tourist
business office/travel agent, a hairstylist or hairdressing establishment, a
mail order establishment, and a Ministry licensed home child care
establishment that for remuneration provides temporary day care to not
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more than five children and in accordance with the Day Nurseries Act and
any other use similar in nature which conforms to the preceding criteria
and which the Committee of Adjustment, upon application, permits; and
(n) Due to their nature as high volume traffic generators with large parking
demands, their unsuitability within residential areas, and/or their tendency
to grow rapidly and thus become a distraction to the residential character
of their neighbourhoods, the following are prohibited as home
occupations:
An office for treatment or diagnosis of patients
An animal clinic
Any business serving food and/or beverages other than those facilities
that would be used in association with a bed and breakfast
establishment
A rooming or boarding house
A convalescent home
A mortuary or funeral home
A dance studio or school
Any storage yard or plant for any trade
Any home occupation which utilizes hazardous materials in quantities that are unsafe
or could be detrimental to the occupants of the dwelling unit or its immediate
neighbours
Any mechanical, electrical or gas equipment processes which creates external
audible, visible, or odorous effects, or that produces electromagnetic interference with
home electronics in adjacent dwellings or dwelling units
6.20 KENNEL
No kennel shall be permitted closer than 600m to an existing dwelling on a lot other
than the lot upon which the kennel is proposed.
6.21 LANDSCAPED OPEN SPACE
Landscaped open space shall be provided in accordance with the zone provisions set
out herein for each zone and the following general provisions:
(a) Any part of a lot which is not occupied by buildings, structures, parking
areas, loading spaces, driveways, excavations, agricultural uses or
permitted outdoor storage areas shall be maintained as landscaped open
space;
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66 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(b) Except as otherwise specifically provided herein, no part of any required
front yard or required exterior side yard shall be used for any purpose
other than landscaped open space;
(c) Where landscaped open space of any kind, including a buffer strip, is
required adjacent to any lot line or elsewhere on a lot, nothing in this By-
law shall apply to prevent such landscaped open space from being
traversed by pedestrian walkways or permitted driveways; and
(d) No part of any driveway, parking area, loading space, roof-top terrace,
balcony, deck, patio, private outdoor swimming pool or space enclosed
within a building, other than a landscaped area located above an
underground parking area, shall be considered part of the landscaped
open space on a lot.
6.22 LANDSCAPING AND BUFFERING
All landscaping and buffering requirements shall be established through the use of
Site Plan Control in accordance with Section 41 of the Planning Act.
6.23 LANDS EXHIBITING HAZARDOUS CONDITIONS
Notwithstanding any other provisions of this By-law, no buildings or structures shall
be erected or used on lands which exhibit, or potentially exhibit, a hazardous
condition as a result of their susceptibility to flooding, erosion, subsidence,
inundation, soil contamination, or the presence of organic soils or unstable and steep
slopes. Additional setbacks from these hazardous conditions shall be identified and
established in consultation with the Township and the Ministry of Natural Resources.
6.24 LICENCES, PERMITS, AND OTHER BY-LAWS
Nothing in this By-law shall be interpreted to relieve any persons from the obligation
to comply with the requirements of the Building By-law or any other By-law in force
within the Township or from obtaining any permit, licence, permission, authority, or
approval required by this or any other By-law of the Township or from any other law
in force from time to time.
6.25 MINIMUM DISTANCE SEPARATION
The following shall apply to agricultural uses, where they are permitted by this By-
law:
(a) New and expanded livestock facilities, manure storage facilities and
anaerobic digesters are subject to the Minimum Distance Separation II
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(MDS II) requirements according to the Minimum Distance Separation
(MDS) Formulae;
(b) The location of a new dwelling on a lot in proximity to an agricultural use
in the Rural (RU) Zone is subject to Minimum Distance Separation I
(MDSI) requirements according to the Minimum Distance Separation
(MDS) Formulae. An existing off-site dwelling, destroyed by a
catastrophic event, may be replaced by a new dwelling provided that the
new dwelling is sited no closer to the lot on which the livestock facility is
located than the previously existing dwelling; and
(c) A new livestock facility may replace a former livestock facility destroyed
by a catastrophic event, provided that the new livestock facility does not
result in increases in the values of Factors A, B or D, of the MDS
Formulae, compared to what existed at the livestock facility prior to the
catastrophic event, such that there is no switch to a livestock type with a
higher odour potential, there is no increase in the number of nutrient units
housed and there is no switch to a manure system type with a higher odour
potential.
6.26 ENVIRONMENTAL PROTECTION SETBACKS
The following provisions shall apply to all zones:
(a) Development shall not be permitted within 120m of an EP Zone.
6.27 NON-COMPLIANCE WITH ZONE REQUIREMENTS
Where an existing building or structure was legally existing on the date of the passing
of this By-law is located on a lot having less than the minimum frontage or area
required by this By-law, or having less than the minimum setback, front yard, side
yard, rear yard or floor area required by this By-law, the said building or structure,
may be enlarged, reconstructed, repaired, renovated, or replaced provided that the
enlargement, reconstruction, repair, renovation, or replacement, or any part thereof,
maintains the established non-compliance or complies with the By-law requirement
and complies with all other setback and yard requirements of the applicable zone. For
example, where a 1.0m side yard exists and a two metre side yard is required by the
By-law, the existing building can be enlarged maintaining a 1.0m side yard but must
satisfy the rear, front, and opposite side yard requirements. Notwithstanding the
preceding, such enlargement, reconstruction, repair, renovation, or replacement shall
not be allowed if the same results in the continuation of an existing or the
establishment of a new encroachment onto an abutting property.
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68 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
6.28 NON-CONFORMING USES
6.28.1 CONTINUATION OF EXISTING USES
The provisions of this By-law shall not apply to prevent the use of any lot, building,
or structure for any purpose prohibited by this By-law if such lot, building or
structure was lawfully used for such purpose on the date of passing of this By-law, so
long as it continues to be used for that purpose.
6.28.2 BUILDING PERMIT ISSUED
The provisions of this By-law shall not apply to prevent the erection or use of any
building or structure for a purpose prohibited by this By-law of any building or
structure the plans for which have been submitted no more than thirty days prior to
the date of the passing of the By-law, and have been approved for zoning
requirements by the Chief Building Official, so long as the building or structure when
erected is completed in conformity with such plans and is used and continues to be
used for the purpose for which it was erected and provided the erection of such
building or structure commenced within 2 years after the date of the passing of the
By-law and such building or structure is completed in conformity with such plans
expeditiously after the erection thereof is commenced.
6.28.3 DEEMED TO COMPLY WITH THIS BY-LAW
Where a building permit has been issued for a building or structure in accordance
with the Ontario Building Code, and such building or structure does not comply with
this By-law, such building or structure shall be deemed to comply with this By-law.
6.28.4 PERMITTED EXTERIOR EXTENSION
A building, which at the date of passing of this By-law was used for a purpose not
permissible within the zone in which it is located, shall not be enlarged, extended,
reconstructed or otherwise structurally altered, unless such building is hereafter to be
used for a purpose permitted within such zone and complies with all requirements of
this By-law for such zone or permission is obtained from the Committee of
Adjustment in accordance with the Planning Act.
6.28.5 PERMITTED INTERIOR ALTERATION
The interior of any building lawfully used on the date of passing of this By-law for a
use that is not permitted within the zone that such building is located may be
reconstructed or structurally altered in order to render the same more convenient or
commodious for the same purpose for which, at the passing of this By-law, such
building was used.
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6.28.6 RESTORATION TO A SAFE CONDITION
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any building or structure or part thereof, lawfully used on the date of
passing of this By-law, provided that the strengthening or restoration does not
increase the building's height more than 100 centimetres, size, or volume, or change
the use of such building or structure.
6.28.7 DISCONTINUED NON-CONFORMING USE
Where a use, building or structure which was lawfully existing prior to the date of
passing of this By-law has been used for a purpose not permitted in the zone in which
it is situated but the use has been discontinued, the building or structure may only be
used for a use that conforms to this By-law. A building or structure destroyed by fire
or natural disaster may be rebuilt provided the dimensions of the building or structure
are not increased.
6.28.8
REPLACEMENT OF NON-CONFORMING BUILDING OR
STRUCTURES
Where a building or structure has been purposely demolished or accidentally
destroyed and more than six months has lapsed, and which building or structure does
not conform with the requirements of this By-law in respect to use, lot occupancy or
height, such building or structure shall not be replaced except as permitted by the
regulations of the zone in which the said building or structure is located.
6.29 NOXIOUS USES
Any use is prohibited which by its nature or by the materials used therein is declared
under any legislation or any regulations thereunder, to be a noxious use as defined
herein.
6.30 NURSERY AND GARDEN STORE
The following provisions shall apply to a nursery and garden store, where it is
permitted by this By-law:
(a) the produce offered for sale must be grown or produced on the same lot, or
a lot in the same ownership as the individual operating the nursery and
garden store; and
(b) sufficient off-street parking shall be provided.
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70 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
6.31 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new building shall be occupied before the minimum requirements for occupancy
outlined in the Building Code are completed to the satisfaction of the Chief Building
Official. Provided, however, that any dwelling unit in a multi-unit dwelling or
apartment building may be occupied once the above condition is satisfied,
notwithstanding the fact that one or more of the dwelling units in the building have
not yet been completed.
6.32 OUTDOOR STORAGE
Outdoor storage may be permitted in the Rural Zone and General Employment Zone,
(not including residential lots in the Rural Zone), provided that:
(a) The location and extent of outdoor storage areas shall be established in the
site plan agreement which shall also establish appropriate buffering,
landscaping or fencing to screen the storage from public view, especially
where the lot abuts a Residential, Corridor Commercial, Town Centre or
Institutional zone.
(b) In addition to the requirements established in the site plan agreement, no
outdoor storage of goods or materials shall be permitted in the front yard
or in any yard which abuts a Residential Zone.
(c) The minimum setback from any side or rear lot line of any permitted
outdoor storage in any zone shall be no less than the respective minimum
side or rear yard of the zone in which the said outdoor storage is located
unless otherwise specifically specified in this By-law.
(d) No outdoor storage is permitted in any front or exterior side yard except
where permitted as an outdoor display of goods and materials in
conjunction with a permitted industrial or a commercial use but not closer
than 30m to any lot line or as otherwise specifically specified in this By-
law and under no circumstances shall outdoor storage be permitted in a
sight triangle.
(e) Any permitted outdoor storage area, or vehicular access thereto, involving
storage, parking or display or any primary means of vehicular access to
any permitted outdoor storage area, shall be constructed and maintained
with a stable surface of asphalt, cement, gravel or crushed stone with dust
control, and drained in accordance with the requirements of the Township.
(f) Notwithstanding any provisions in this By-law, storage containers shall
only be permitted in the General Industrial Zone.
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Any areas used for permitted outdoor storage shall be in addition to, and separate
from, such areas as may be required by this By-law for the provision of off-street
parking or loading spaces.
6.33 PARKING, LOADING AND ACCESS REQUIREMENTS
6.33.1 PARKING REQUIREMENTS
The minimum number of required parking for every type of building or use listed
below which is erected, altered, or enlarged in any zone after the passing of this By-
law, off-street parking shall be provided and maintained in accordance with the table
below. In computing the requirement, no regard shall be had for any fraction or part
of a whole number. Where uses are combined on one lot, the total parking space
requirement shall be calculated by adding the individual requirements of each use.
Purpose or Use
Minimum Parking Spaces Required
Residential Uses
Single detached dwelling,
semi-detached dwelling
2.0 spaces per unit.
Second Dwelling Unit
1.0 space per unit
Duplex dwelling, triplex
dwelling, townhouse
dwelling, converted dwelling
1.5 spaces per dwelling unit
Apartment dwelling and
accessory dwelling unit (in
combination with a non-
residential use)
1.25 spaces per dwelling unit plus 0.25 spaces per
dwelling unit for exclusive use by visitors
Group home dwelling
1 space per 3 supervised group home residents that
can be accommodated in the group home dwelling
Home occupation
2.0 spaces per home occupation use, in addition to
any required parking for the permitted use
Home industry, agricultural
home occupation
2.0 spaces per home industry use, in addition to any
required parking for the permitted use
Commercial Uses
Animal clinic
6.0 spaces per practitioner
Auction establishment
1.0 space per 25.0m2 of gross floor area
Automobile rental
establishment
1.0 space per 25.0m2 of gross floor area
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72 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
Purpose or Use
Minimum Parking Spaces Required
Automobile sales and service
establishment and
automobile repair
establishment
For the sales use, 1.0 space per 20.0m2 of indoor
display floor area shall be required; for service areas
and automobile repair establishments, the greater of
8.0 spaces or 1.0 space per 9.0m2 of service area or
3.0 spaces per service bay.
Automobile service station
2.0 spaces; this requirement shall not include the
parking required for any service area, automobile
repair establishment or automobile washing
establishment associated with the automobile service
station.
Automobile washing
establishment
12.0 vehicle standing spaces where washing is done
by machines or employees and 3.0 vehicle standing
spaces for each area where washing is done by a
coin operated washing apparatus, together with 4.0
spaces on the lot.
Bed and breakfast
establishment
1.0 per guest room (in addition to the required
number of parking spaces for the principal single
detached dwelling)
Building supply outlet
1.0 space per 25.0m2 of gross floor area
Club / Private Club
1.0 space per 6.0 fixed seats or 4.0m of bench space,
or 1.0 space per 9.0m2 of assembly floor area,
whichever is greater (where the club is located on
the same lot as a place of worship, the greater of the
requirements [seating or hall area] are only required)
Day care centre
1.0 space per 5 children capacity
Dry cleaning establishment
1.0 space per 25.0m2 of gross floor area (dry
cleaning) or 1.0 space per 15.0m2 of gross floor area
(laundry)
Eating establishment, drive
through eating
establishment, bake shop
Where there are fixed seats, 1.0 space for every 5
seats or for every 3.0m of bench space of its
maximum seating capacity; where there are no fixed
seats, 1.0 space for each 9.0m2 of floor area devoted
to public use.
Financial institution
1.0 space per 25.0m2 gross floor area or 10 spaces,
whichever is the greater.
Fitness centre
1.0 space per 25.0m2 of gross floor area
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Purpose or Use
Minimum Parking Spaces Required
Funeral home
1.0 space per 6.0 fixed seats or 4.0m of bench space,
or 1.0 space per 9.0m2 of assembly floor area,
whichever is greater (where the funeral home is
located on same lot as a place of worship, the greater
of the requirements [seating or hall area] are only
required)
Hotel / Motel
Current standard: 1.0 space per rental unit, plus 1.0
additional parking space for each 9.0m2 of floor
area devoted to public uses such as eating
establishments and other accessory uses associated
with motels.
Kennel
1.0 space per 25.0m2 of gross floor area
Mobile Home Park
1.0 space for each tent or trailer
Personal service shop
1.0 space per 25.0m2 of gross floor area
Pharmacy
1.0 space per 25.0m2 of gross floor area
Place of entertainment
1.0 space per 25.0m2 of gross floor area
Printing establishment
1.0 space per 25.0m2 of gross floor area
Recreational vehicle sales,
service and storage
establishment
1.0 space per 25.0m2 of gross floor area
Confectionary establishment
and convenience retail
establishment
1.0 space per 18.0m2 of retail floor area.
Service shop and repair
establishment
1.0 space per 25.0m2 of gross floor area
Supermarket
Current standard: one parking space per 18 m2 of
retail floor area
Other commercial uses
1.0 space per 25.0m2 of gross floor area
Employment Uses
Contractor's yard and
service trade establishment
1.0 space per 95.0m2 of gross floor area
Manufacturing, heavy and
manufacturing, light
1.0 space per 95.0m2 up to 2,000.0m2 of gross floor
area, plus 1.0 space per 450.0m2 of gross floor area
over 2,000.0m2
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74 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
Purpose or Use
Minimum Parking Spaces Required
Office or call centre or
laboratory or scientific
research facility
1.0 space per 25.0m2 gross floor area or six spaces,
whichever is the greater
Transport terminal
1.0 space per 20.0m2 of gross floor area
Warehouse
1.0 per 140.0m2 up to 2,000.0m2 of gross floor area
plus 1.0 per 450.0m2 of gross floor area over
2,000.0m2
Wholesale establishment
1.0 per 45.0m2 of gross floor area
Other employment uses
1.0 per 45.0m2 up to and including 2,800.0m2 plus
1.0 for each additional 190.0m2 over 2,800.0m2
Institutional Uses
Assembly hall, community
centre, or cultural facility
Where there are fixed seats, 1.0 space for every 5
seats or for every 3.0m of bench space of its
maximum seating capacity; where there are no fixed
seats, 1.0 space for each 9.0m2 of floor area devoted
to public use;
Hospital
2.5 spaces per bed based on maximum capacity
Library
10.0 spaces or 1.0 space for every 93.0m2 of floor
area, whichever is greater
Medical office
1.0 space per 10.0m2 of gross floor area
Place of Worship
1.0 space for every 10 seats or 6.0m of bench space
of its maximum seating capacity.
Retirement home/ Long Term
Care Home
1.0 space for each 2 beds or for each 46 m2 of floor
area, whichever is greater.
School
1.5 spaces per classroom in a private or public
elementary school and 2.5 spaces per classroom in a
private or public secondary school, plus an
additional 25m2 of assembly floor area for all
schools.
Other institutional uses
1.0 space per 35.0m2 of gross floor area; or one
parking space for each four employees plus a
parking area for visitors with a minimum capacity of
ten parking spaces (for government offices,
buildings and facilities).
Parks and Open Space Uses
Cemetery
A minimum of 5.0 spaces.
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Purpose or Use
Minimum Parking Spaces Required
Golf course
5.5 spaces per hole plus such parking required for
any other ancillary uses.
Marina
1.0 space per boat/ floatplane dock.
6.33.2 PARKING AREAS AND OTHER PARKING PROVISIONS
Where in this By-law parking areas are required or permitted, the following
regulations shall apply:
(a) When a building or lot accommodates more than one use or purpose, the
required parking spaces shall be the sum of the required parking spaces
for the separate uses or purposes. Parking facilities for one use shall not
be considered as providing required parking for any other use.
(b) If the calculation of the required parking spaces results in a fraction, the
required parking spaces shall be the next highest whole number.
(c) Within each parking area required there shall be provided, maintained and
signed reserved parking spaces for persons with disabilities in accordance
with the following table:
Total Number of Parking
Spaces in the Parking
Area
Required Number of Parking
Spaces for Persons with
Disabilities in the Parking Area
9 or less
0
10 to 25
1
26 to 99
2
100 to 149
3
150 to 199
4
200 and over
1 space for every 50 parking
spaces in the parking area
(d) Parking spaces for persons with disabilities shall be properly designated
by the International Accessibility symbol mounted both vertically on a
sign, as well as on the surface of the parking space in fluorescent blue
according to the following dimensions:
i)
A painted ground accessibility sign shall be a minimum of 1.25m
by 1.25m in size.
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76 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
ii)
A parking control sign shall be located 1.5m above ground and
shall be a minimum of 0.3 m by 0.3 m in size.
iii)
Parking spaces shall be a minimum of 3.0m in width and 6.0m
in length.
iv)
Parking spaces for persons with disabilities shall be a
minimum of 4.5m in width and 6.0m in length.
v)
A parking aisle shall have a minimum unobstructed width of
6.7 m.
vi)
Adequate drainage facilities for the parking area shall be
provided and maintained in accordance with the requirements
of the Township.
vii)
The parking area and approaches shall be surfaced with
concrete, asphalt, interlocking stone, crushed stone, gravel or a
combination thereof, with a stable surface treated to prevent the
raising of dust or loose particles, and in the case of all
commercial zones shall have a cement or asphaltic binder or
any other permanent type of surfacing.
viii)
The lights used for illumination of parking areas shall be so
arranged as to divert the light away from adjacent lots.
ix)
Parking areas shall either be located on the same lot as the use
for which such parking is required or within 90m of the
location which it is intended to serve and shall be situated in
the same zone.
x)
All parking areas and their approaches in any zone shall be
defined by a curb or concrete or rolled asphalt or other suitable
obstruction designed to provide a neat appearance.
xi)
A structure, not more than 3 m in height and not more than 4.6
m2 in area may be erected in the parking area for the use of
attendants in the area.
xii)
No sign other than directional signs and a sign indicating the
name of the owner, not exceeding 0.8 m2 in size shall be
erected on any parking area or parking lot.
xiii)
Where parking is to be provided for sole use by visitors for a
use or purpose as set out in Section 6.33.1, such spaces shall be
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designated, clearly signed and maintained exclusively for
visitor parking.
xiv)
In any Residential zone but excluding apartment buildings, all
parking spaces shall be located in a garage or carport or in a
side or rear yard, or only on a permitted driveway in the front
yard.
xv)
In any Residential zone, no vehicle shall be parked on any part
of a lot other than in a garage, carport, required parking area,
or on a permitted driveway.
(e) The parking of commercial vehicles is prohibited in Residential zones
except that the owner or occupant of any lot, building or structure in any
residential zone may use any private garage or driveway of which he is
the owner or occupant for the housing or storage of one (1) commercial
vehicle used for commercial purposes, owned or operated by himself,
provided such use is for housing or storage of the vehicle only and such
commercial vehicle is not used in connection with any business or other
use on the premises or associated with the residence which is prohibited
by this By-law in any such residential zone. Any goods, materials or
contents stored on or in such commercial vehicle shall not be exposed to
or be in the general view of the public.
For the purposes of this paragraph, "commercial vehicle used for
commercial purposes" shall only include small, light duty vans and pick-
up trucks with a maximum carrying capacity not to exceed one (1) tonne.
(f) In any residential zone, the owner or occupant of any lot may park or store
a maximum of two (2) of the following vehicles (boat or travel trailer or
other recreational vehicle), in any combination, provided that he or she is
the owner of such boat, travel trailer or recreational vehicle and that such
parking or storage is confined to the side or rear of the dwelling and is
beyond the required minimum front yard and minimum side yard setback
as established in the corresponding zone category in this By-law and is in
accordance with all other regulations prescribed by this By-law.
6.33.3 LOADING REGULATIONS
No person shall erect or use any building or structure in any zone for any purpose
unless loading spaces are provided and maintained in accordance with the following
provisions:
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78 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
(a) A minimum of one (1) loading space shall be required for any non-
residential use with a gross floor area equal to or greater than 300m2, and
an additional loading space shall be required for each additional 2,000m2
of gross floor area, or fraction thereof, up to 4,300m2 of gross floor area
(i.e., a required minimum of three (3) loading spaces). For any non-
residential use with a gross floor area greater than 4,300m2, an additional
loading space shall be required for each additional 8,000m2 of gross floor
area, or fraction thereof.
(b) No loading space shall be required for any dwelling except an apartment
building.
(c) No loading space shall be required for an apartment building with less
than 750m2 of gross floor area. One (1) loading space shall be required
for an apartment building with a gross floor area of 750m2 or greater, and
an additional loading space shall be required for each additional 8,000m2
of gross floor area or fraction thereof.
(d) The loading space shall not be less than 3.5m by 13.5m and 4.5m in
height for clearance purposes.
(e) The loading space shall be accessed by a private driveway or a parking
area.
(f) There shall be sufficient driveway space to permit maneuvering of
vehicles on the lot so that they do not cause an obstruction or a hazardous
condition on adjacent streets.
(g) Loading spaces shall not be permitted within a front yard.
6.33.4 DRIVEWAY REGULATIONS
Driveways shall be located, designed and erected in accordance with the following
provisions:
(a) A driveway for a residential use shall have a minimum width of 3.0m and
a maximum width of 7.3 m. Driveways for commercial uses shall have a
minimum width of 7.5m and a maximum width of 12.0m. Driveways for
employment uses shall have a minimum width of 7.0m and a maximum
width of 15.0m. For all other uses, driveways shall have a minimum width
of 7.0m and a maximum width of 9.0m.
(b) No driveway shall be allowed within a site visibility triangle.
(c) No driveways shall be allowed within 8.0m of the pavement intersection
of two streets.
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(d) Every residential lot with 30m of frontage or less shall be restricted to not
more than one driveway. Every residential and agricultural lot with more
than 30m of lot frontage shall be restricted to two driveways.
(e) Parking areas and associated driveway systems serving any use other than
single unit, two-unit and three-unit development shall be designed in such
a manner that any vehicle entering or leaving a street or public land need
not travel in a backward motion.
6.34 PERMITTED ENCROACHMENTS IN REQUIRED YARDS
Every part of any yard required by this By-law shall be open and unobstructed by any
structure, other than a fence or hedge, provided however that those structures listed in
the following table shall be permitted to project into the yards indicated for the
distances specified.
Structure
Required Yard in
Which Projection is
Permitted
Amount of
Encroachment
Allowed
a)
Balconies
Rear yard only for
dwellings except
apartment dwellings,
where it shall be
permitted in any yard
2.5m
b) Canopies
Front yard in M1 zone
only
7.6 m
c)
Cantilevers
Front and rear yards
1.0m
d)
Sills, belt courses, cornices,
eaves, gutters, chimneys,
pilasters, or other non-structural
architectural elements
Any yard
1.0m
e) Fire escapes and exterior
staircases
Rear yard only
1.5m
f ) Roofed, unenclosed porches or
uncovered terraces
Front and rear yards
only
2.5m including
eaves and
cornices
g) Small-scale generating systems
Rear and side yards
2.5m
h) Steps including landings
Front, rear and side
yards
2.5m
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Structure
Required Yard in
Which Projection is
Permitted
Amount of
Encroachment
Allowed
i)
Television antennas, satellite
dishes (equal to or less than
1.0m in diameter)
Rear and side yards
1.0m
j)
Unenclosed barrier-free ramps
Any yard
No restriction
k) Window bay and awnings
Front, rear and side
yards
1.0m
l)
Window or wall-mounted
furnaces heat pumps and
outdoor free-standing air
conditioning units
Rear yards and interior
side yards only
1.5m
6.34.1
ENCROACHMENT AND HEIGHT OF FENCING AND
LANDSCAPING
A fence, screen, or wall not more than 1.8 m in height or a hedge or thick growth of
shrubs maintained so as not to exceed 1.8 m in height, may be located in any required
side yard or rear yard, but shall not be more than 1.2 m in height when located in the
required front yard. This height provision shall not prevent the erection of an open
mesh fence enclosing a school site or public or private outdoor swimming pool.
Landscaping is a permitted use in any yard in any zone within the By-law.
6.35 PERMITTED PUBLIC AND OTHER SERVICES
The provisions of this By-law shall not apply to the use of any land or to the erection
or use of any building or structure for the purpose of providing public services by the
Township, a Ministry of Natural Resources or the Province of Ontario, or the
Government of Canada or by any local Board thereof as defined by the Municipal
Act, or by Hydro One, and the provisions of this By-law shall not apply to the use of
any land or to the erection or use of any building or structure for the purpose of
communication towers and other uses not regulated by the Township, provided that,
with respect to all of the foregoing:
(a) The lot coverage, setback and yard requirements prescribed for the zone in
which such land, building or structure is located shall be complied with;
(b) No goods, material, or equipment shall be stored in the open in a
Residential Zone, or on a lot adjacent to a Residential Zone;
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(c) Any building erected or lot used in a Residential Zone under the authority
of this paragraph shall be designed and maintained in general harmony
with residential buildings and uses of the type permitted in the zone at the
discretion of the Chief Building Official; and
(d) Any parking and loading regulations for these uses are complied with.
6.36 RECONSTRUCTION OF EXISTING BUILDING
Nothing in this By-law shall prevent the repair or reconstruction arising from
destruction through natural causes of any building or structure existing and lawfully
used as of the date of passage of this By-law, provided that the dimensions of the
original building or structure are not increased, the location of the building or
structure is not changed and that the use is not altered.
6.37 RESOURCE EXTRACTION OR EXPLORATION USE
The following provisions shall apply to a resource extraction or exploration use, or
the facilities for the compressing, treating and storage of petroleum resources, where
it is permitted in this By-law:
(e) a permit, under the Aggregate Resources Act, has been obtained from the
Ministry of Northern Development, Mines, and Forestry and is delivered
to the Chief Building Official;
(f) all buildings and structures and activities to be undertaken in conjunction
with the permitted exploration or extraction use comply with all of the
conditions which may be imposed as part of the required permit by the
Ministry of Natural Resources, and comply with all of the applicable
statutes, regulations and by-laws which may be imposed from time to time
by an and all federal, provincial an local government ministries, agencies
and boards, including but not limited to the Ministry of Environment, the
Ministry of Natural resources, the Ministry of Consumer and Commercial
Relations; and
(g) all main and accessory buildings and structures shall not be located within
150m of a dwelling unit in any zone.
6.38 SATELLITE DISHES
No satellite dish larger than 1.0m in diameter shall be located in a required front or
side yard, or at such an elevation that the top of the satellite dish is higher than the
main building on the lot on which the satellite dish is situated. Satellite dishes are
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82 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
considered accessory structures and as such must satisfy the accessory use provisions
contained in Section 6.3 of this By-law.
6.39 SECONDARY DWELLING UNITS
Notwithstanding any other provision of this By-law, where a second dwelling unit is
permitted, the following provisions apply:
(a) Where a secondary dwelling unit is located on a lot, no garden suite,
boarding house, or lodging house shall be permitted;
(b) Secondary dwelling units shall be permitted in all single detached
dwellings, semi-detached dwellings, and row dwellings in all residential
zones;
(c) All secondary dwelling unit must meet provisions of the Ontario Building
Code, as amended, and obtain necessary Building Permits;
(d) A maximum of one secondary dwelling unit is permitted on a lot;
(e) A secondary dwelling unit shall have a gross floor area not exceeding 40%
of the gross floor area of the principal residential unit or 90 square metres,
whichever is lesser. For the purposes of this provision, calculations for
gross floor area shall refer to the total area of each floor, including
finished attic spaces, whether located above, at, or below grade, measured
from the interior of outside walls and including floor area occupied by
interior walls, but excluding:
i) floor area occupied by mechanical, service and electrical equipment
that serve the building;
ii) an open porch or balcony; and
iii) areas internal to the building that are intended for the storage of
vehicles.
(f) In addition to any other parking requirements, parking space(s) required
by subsection 6.33.1 of the By-law shall be provided for the secondary
dwelling unit. Notwithstanding anything to the contrary in this By-law, the
required parking may be provided through a tandem or stacked parking
arrangement. The parking space location for the secondary dwelling unit
shall meet the yard and driveway provisions of the zone;
(g) The secondary dwelling unit shall have separate access from that of the
principal dwelling unit. Access shall be provided at the front of the
building, or at the side or rear of the building where a minimum 1.2 metre
wide unobstructed walkway from the front of the building to the access is
provided; and
(h) A secondary dwelling unit shall only be permitted in a dwelling noted in
subsection 6.39(b) if said dwelling house is connected to municipal
services or private water and sewerage systems approved to service a
second residential unit by the authority having competent jurisdiction.
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6.40 SEPARATION OF DWELLINGS FROM RAILWAYS
No dwelling shall be erected closer than 30.0m to the right-of-way of any railway;
provided, however, that this requirement shall not apply to any lawfully existing
dwelling or to an abutting vacant lot in a Residential Zone having such dimensions
that the application of such setback would prevent the construction of a dwelling
thereon.
6.41 SERVICING REQUIREMENTS FOR ALL DEVELOPMENT
No person shall erect, alter or use any building or structure in any zone or defined
area within the Township unless such land, building, or structure is serviced with
water and a sanitary system satisfactory to the Township or its designated agent.
6.42 SETBACKS ON STREETS
No person shall construct any building or structure unless such building or structure
complies with the following setback requirements from the centreline of the abutting
street:
a) Provincial Highway
18 metres plus the minimum front yard setback required for such use in
the zone where it is located.
b) Major Road
15 metres plus the minimum front yard setback required for such use in
the zone where it is located.
c) Local Street
10 metres plus the minimum front yard setback required for such use in
the zone where it is located.
6.43 SIGHT VISIBILITY TRIANGLES
Sight visibility triangles shall be provided in accordance with the following
provisions.
(a) Notwithstanding any other provisions of this By-law, no building or
structure, including a fence or sign, shall be erected within the sight
triangle included between the street lines for a distance of 6.0m from the
point of intersection and no shrubs or foliage shall be planted or
maintained which obstruct the view of a driver of a vehicle approaching
the intersection above a height of 1.0m above the centreline grade of the
intersecting streets.
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(b) In all zones, on a lot abutting a railway where the railway and a street
intersect at the same grade, no building or structure including a fence or
sign shall be erected and no shrubs shall be planted or maintained, which
obstruct the view of a driver of a vehicle approaching the intersection,
above a height of 1.0m above the centreline grade of the intersecting
street in the triangular centreline grade of the intersecting street in the area
bounded by the right-of-way limit of the railway and the street line and a
line from the points along such right-of-way limit and such street line
distant 50.0m from the point of the intersection thereof.
6.44 SIGNS AND FENCES
All signs and fences shall be in accordance with the Township's sign and fence By-
laws passed under the authority of the Municipal Act.
6.45 STREET FRONTAGE REQUIRED
No person shall erect any building or structure unless the lot upon which such
building or structure is to be erected has lot frontage upon a street which has been
assumed and opened by the Township or the Province, and is maintained by such
authority in such a manner so as to permit its use by vehicular traffic, provided that a
building or structure may be erected upon a lot within a registered plan of subdivision
in accordance with the provisions of a subdivision agreement entered into by the
Township in respect of such plan of subdivision notwithstanding that the streets
within such plan of subdivision have not been assumed and are not being maintained
by the Township.
Notwithstanding the previous paragraph, for the purposes of this Section, private
roads that existed on the date of adoption of this By-law that are in or abut any
Residential zone shall be considered as streets despite the fact that such roads have
not been assumed by the Township. This provision shall only have effect for the
purpose of applying certain requirements and regulations of this By-law and not to
the consideration and granting of consents. The provision shall also not imply any
obligation on the Township to assume and/or develop any private road into a public
street or to maintain it for private or public purposes.
Notwithstanding the foregoing, where lands are acquired for the purpose of a public
utility line and such acquisition deprives a parcel of land street frontage, the part of
such parcel so deprived shall be deemed, for the purpose of the By-law to have
frontage on such street provided the land has a permanent right of access to such
street.
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6.46 THROUGH LOTS
Where a lot which is not a corner lot has lot frontage on more than one (1) street, the
setback and front yard requirements contained herein shall apply on each street in
accordance with the provisions of the zone in which such lot is located.
6.47 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required around any main building for the
purpose of complying with the provisions of this By-law shall be included as a part of
a yard or other open space similarly required for another main building.
6.48 TEMPORARY CONSTRUCTION USES
The temporary use of buildings and structures incidental and necessary for
construction work (and such work is proceeding expeditiously) will be permitted in
all zones and defined areas, but only for so long as the same are necessary for
construction work. Any temporary construction use must be removed within two
months of occupancy of the work under construction, or within two months after
construction work has ceased. Permitted temporary construction uses shall also
include portable asphalt or concrete plants as well as wayside pits and quarries.
6.49 TRAILER OR BOAT STORAGE
The storage of any recreational vehicle shall be prohibited in any required front yard.
Such vehicles may be stored in any rear or side yard behind or beside the main
building.
6.50 TRUCK, BUS AND COACH BODIES OR TRAILERS OR
TENTS USED FOR HUMAN HABITATION OR STORAGE
The use of trucks, buses, coach bodies or trailers or tents for human habitation or
storage shall be in accordance with the following provisions.
(a) No truck, bus, coach or streetcar body, trailer or tent shall be used for
human habitation within the Township whether or not the same is
mounted on wheels, except on a temporary basis, such as the use of
trailers and tents for camping, where it is permitted in accordance with
this By-law.
(b) No trailer shall be used for the storage of goods and/or material within
any Zone, other than in an Industrial Zone, or for advertising purposes in
any zone.
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(c) No bus, coach or streetcar body, tent, trailer, boat or mobile home, as
defined in this By-law, shall be used as a permanent office or for storage
purposes, within the Township. This does not prevent the use of a
transport trailer for storage. However, storage in a transport trailer is
prohibited in any zone, other than in an Industrial Zone, except in the
circumstance noted under Section 6.48 (Temporary Construction Uses) of
this By-law.
(d) No truck shall be parked and used for the wholesale or retail sale of goods,
articles or things for a period of more than thirty (30) days.
(e) No boat shall be used for human habitation within the Township from the
month of November to the month of April and provided such boat is
docked in a marina.
6.51 UNLAWFUL USES
Any use established in violation of a predecessor of this By-law will be deemed to
have been established unlawfully. The passing of this By-law shall in no way render
any unlawful use as a lawful or legal non-conforming use.
6.52 USES PERMITTED IN ALL ZONES
Nothing in this By-law shall apply to prevent or otherwise restrict in any way the
following uses and structures:
(a) streets or the installation of a watermain, sanitary sewer main, storm
sewer main, gas main, pipeline, or overhead or underground hydro,
communications/telecommunications, television, or other supply or
communication line;
(b) existing railway rights-of-way, including any accessory buildings or
structures thereto;
(c) existing agricultural uses, until such time as redevelopment for the
permitted use that the lands are zoned for occurs; and
(d) fish, wildlife and forest management.
6.53 USES PROHIBITED IN ALL ZONES
The establishment of any use of land, buildings or structures shall be in accordance
with the following provisions, which apply to prohibit particular uses, buildings or
structures in all zones unless otherwise stated.
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It shall be prohibited to use any land or to erect and use any building or other
structure in any zone or defined area for the purpose of:
(a) The slaughtering of animals and any other related processing and/or
refining including but not limited to blood boiling, tripe boiling, bone
boiling, extracting oil from fish or animals, and tanning hides or skins.
(b) Salvage or scrap yards, wrecking yards, automobile salvage yards, a
waste disposal site or waste processing facility, a waste transfer site, a
recycling centre or a composting operation, the collection of junk, any
refuse, scrap iron, or other scrap metals unless such uses are specifically
listed as permitted uses within a particular zone or defined area or unless
this By-law is amended to specifically permit the use.
(c) The refining, storage or use in manufacturing of coal oil, rock oil, fuel oil,
natural gas, propane, burning fluids, naphtha, benzol, benzene, gasoline,
ethanol, dynamite, dualin, nitroglycerine, gun powder, glue, petroleum or
any other combustible, inflammable, volatile or otherwise dangerous
liquids, gases or solid materials except where specifically permitted
hereby or in conjunction with a permitted use and unless such substances
are protected by adequate fire fighting and fire prevention equipment and
by such safety devices as are generally employed in the handling of such
substances and provided that such substances are kept removed from
adjacent uses to a distance which is compatible with the potential danger
involved, except that this provision shall not apply to prevent the above
ground storage of such substances by a farmer, where such storage is
incidental and accessory to an agricultural use, or the use of natural gas,
propane or fuel oil for domestic purposes, such as heating and cooking, in
conjunction with a residential use;
(d) Manufacturing or storing of fertilizers from dead animals, from human or
animal waste; a track for the racing of motor vehicles, motor cycles, or
motorized snow vehicles, a Ready Mix Concrete Plant, or a cement
batching plant.
(e) Keeping of derelict vehicles, unless it specifically forms part of a
permitted use in a zone.
(f) Mobile homes shall be prohibited in the Township, except where they are
specifically listed as a permitted use in a zone or defined area.
(g) Uses not listed as permitted uses in a zone or defined area in this By-law
shall be prohibited in such zone or defined area.
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88 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
6.54 PORTABLE ASPHALT AND CONCRETE PLANTS AND
WAYSIDE PITS AND QUARRIES
Portable asphalt and concrete plants and wayside pits and quarries may be permitted
in the Rural (RU) zone and Industrial zones, subject to the following provisions:
(a) Portable asphalt and concrete plants and wayside pits and quarries shall
be subject to Site Plan Control.
(b) The proposed portable asphalt and concrete plants and/or wayside pits
and quarries shall only be permitted where it is the work of a public
authority or a delegated agent or contractor.
(c) Portable asphalt and concrete plants and wayside pits and quarries shall
not be permitted in the Hazard Lands (HL) zone or the Environmental
Protection (EP) zone.
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7.0 Urban Residential Zones
7.1
PERMITTED USES
Type of Use
Residential
Density
Zone 1 (R1)
Residential
Density
Zone 2 (R2)
Residential
Multiple
Density
Zone 1
(RM1)
Residential
Multiple
Density
Zone 2
(RM2)
Residential
Mobile
Home Zone
(RMH)
Permitted Residential Uses
Apartment dwelling
-
Converted house dwelling with a
maximum of three dwelling units
-
Duplex dwelling
-
Existing converted dwelling
-
-
Fourplex dwelling
-
Home occupation
-
-
Secondary dwelling unit
-
-
-
Semi-detached dwelling
-
Single family dwelling
-
-
Townhouse or Rowhouse dwelling
-
Triplex dwelling
-
A Mobile Home located on a
Mobile Home Site provided that
each site shall have a piped water
supply and private sewage disposal
facilities
-
Permitted Non-Residential Uses
A convenience store
-
Permitted Public Uses
Public uses in accordance with
Section 6.35
-
-
-
-
-
Permitted Accessory uses
Uses, buildings or structures
accessory to any of the permitted
uses in any of the residential zones
-
-
-
-
-
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7.2
RESIDENTIAL DENSITY ZONE 1 (R1): ZONE
REQUIREMENTS
7.2.1 RESIDENTIAL USES
Requirement
All uses permitted in R1 Zone
Accessory buildings in
R1 Zones
Minimum Lot Area
Full services
557.4m2
Partial services
696.75m2
Private services
1393.5m2
Minimum Lot Frontage
Full services
Interior lot
15m
Corner lot
18m
Partial services
15m
Private services
30m
Minimum Dwelling Unit Gross Floor Area
100m2; 70m2 on ground
floor where there is more
than one storey
Minimum Yard Requirements
Front yard
6m
Rear yard
7.5m
1.5m
Side yard
Interior
1.2m plus 0.6m for each
additional storey over the
first
1.2m; 0m if there is a mutual
garage on the common
property line
Exterior
4.5m
4.5m; 6m between a garage
door and the street line
Maximum Building Height
11m
4.26m
Maximum Lot Coverage
No attached garage
35%
10% for the accessory
building
Attached garage
45%
5% for the accessory building
and 45% combined coverage
of all buildings and structures
on the lot, notwithstanding the
provisions of Section 6.3
Minimum Landscaped Open Space
30%
Maximum Number of Dwellings per Lot
1
Maximum Number of Dwelling Units per Lot
3
1 (where considered a
secondary dwelling unit)
Home Occupations
Regulations for home occupations shall be in accordance with the provisions of Section 6.19.
Off-Street Parking
Off-street parking shall be in accordance with the provisions of Section 6.33.
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7.2.2 NON-RESIDENTIAL USES
Sections 5.1.2.1 to 5.1.2.4 inclusive and Sections 5.1.2.6 to 5.1.2.8 inclusive (R1
Zone requirements) shall apply. In addition, no non-residential building or structure
shall be located closer than one half the heights of the building or 7.6 metres,
whichever is the greater, to any property line of the lot on which said building or
structure is located.
7.3
RESIDENTIAL DENSITY ZONE 1 (R1): EXCEPTIONS
1. Part 2 Plan 53R-11512 - (R1-1)
Notwithstanding the requirements of Section 7.2.1, the following minimum lot
frontage requirements shall apply to the lands shown as R1-1 on Schedule "A":
a)
Minimum lot frontage: 5.2m
All other requirements of the By-law not specifically amended herein shall apply to
the subject lands. (By-law 90-7)
2. Part of Part 1, Plan 53-R-7056, Golf Course Road - (R1-2)
Notwithstanding the provisions of Section 7.1 of By-Law 89-19, the following special
regulations shall apply to the lands identified as R1-2 on Schedule "A":
a)
Permitted Institutional Uses: one only child care centre and uses,
buildings or structures accessory thereto shall be permitted
3.
Lot 5 and Part Lot 6, Plan 4-S - (R1-3)
Notwithstanding the requirements of Section 7.2.1 of this By-law, the following
requirements shall apply to the land shown as R1-3 on Schedule "A":
a)
Minimum lot area:
i)
Lot 5: 445m2
ii)
Part Lot 6: 222m2
b)
Minimum lot frontage:
i)
Lot 5: 12.1m
ii)
Part Lot 6: 6m
All other requirements of this By-law not specifically amended herein shall apply to
the subject property. (By-law 90-7)
1.0 Lot 509, Plan 158 - (R1-4)
Notwithstanding the requirements of this By-law, the following special regulations
shall apply to the lands shown as R1-4 on Schedule "A":
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a)
Minimum yards:
i)
Rear yard: 1.2m
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7.4
RESIDENTIAL DENSITY ZONE 2 (R2): ZONE
REQUIREMENTS
7.4.1
RESIDENTIAL USES: R2 ZONE USES NOT PERMITTED IN R1
ZONES
Requirement
Semi-Detached
Dwellings in R2
Zones
Fourplexes in
R2 Zones
All other uses
permitted in R2
Zones not
permitted in R1
Zones
Accessory
buildings in R2
Zones
Minimum Lot Area
Full services
325m2/unit
1150m2/unit
557.4m2
Partial services
--
--
696.75m2
Private services
--
--
1393.5m2
Minimum Lot Frontage
Full services
Interior lot
7.6m
15m
15m
Corner lot
7.6m
15m
18m
Partial services
--
--
15m
Private services
--
--
30m
Minimum Dwelling Area
83m2
83m2
83m2
Minimum Yard Requirements
Front yard
6m
6m
6m
Rear yard
7.5m
7.5m
7.5m
1.5m
Side yard
Interior
0m on one side; 1.2m plus 0.6m
for each additional storey over
the first on other side
1.2m plus
0.6m for each
additional
storey over
the first
1.2m; 0m if
there is a
mutual garage
on the
common
property line
Exterior
4.5m; 6m between a garage door and the street line
Maximum Building Height
11m
11m
11m
3.5m
Maximum Lot Coverage
No attached garage
35%
35%
35%
10%
Attached garage
45%
45%
45%
5% for the
accessory
building and
45% combined
coverage of all
buildings and
structures on the
lot,
notwithstanding
the provisions
of Section 6.3.
Minimum Landscaped Open Space
30%
30%
30%
Continued on next page
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Continued from previous page
Home Occupations
Regulations for home occupations shall be in accordance with the provisions of Section 6.19.
Notwithstanding the provisions of Section 6.19, however, the following shall apply to home occupations
in the R2 Zone:
a)
A home occupation may be established entirely within the existing single family dwelling in the
form of a mail order catalogue business involving the sale of hunting supplies and firearms used for
hunting and to provide a service to repair firearms.
b)
No outside storage of goods associated with the home occupation shall be permitted.
Off-Street Parking
Off-street parking shall be in accordance with the provisions of Section 6.33
Group Homes
Any person may establish a group home in a single detached dwelling provided that the group home is
registered with the Township of Chapleau.
7.4.2 RESIDENTIAL USES: R2 USES PERMITTED IN R1 ZONES
All regulations for residential uses permitted in the R1 Zone as set out in Section
7.2.1 shall also apply to these uses within the R2 Zone.
7.4.3 NON-RESIDENTIAL USES
Section 7.2.2 (R1 Zone requirements) shall apply. In addition, no non-residential
building or structure shall be located closer than one half the heights of the building
or 7.6 metres, whichever is the greater, to any property line of the lot on which said
building or structure is located.
7.5
RESIDENTIAL DENSITY ZONE 2 (R2): EXCEPTIONS
1. Lot 210, Plan 4 - (R2-1)
Notwithstanding the R2 Zone Requirements of this By-law, on the lands identified as
R2-1 on "Schedule A":
a)
A home occupation may be established entirely within an accessory
building.
b)
No outside storage of goods associated with the home occupation shall
be permitted.
2. Lot 801, Plan 42-S - (R2-2)
Notwithstanding the requirements of Section 7.4.1 of this By-law, on the lands
identified as R2-2 on Schedule "A," the following minimum northerly side yard shall
apply:
c)
Minimum yard requirements:
ii)
Northerly side yard: 0.97m
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All other requirements of this By-law not specifically amended herein shall apply to
the subject lands. (By-law 90-7)
3. Lot 644, Plan 42-S - (R2-3)
Notwithstanding the requirements of Section 7.4.1 of this By-law, on the lands
identified as R2-3 on Schedule "A," the following minimum rear yard shall apply:
d)
Minimum yard requirements:
iii)
Rear yard: 1.8m (By-law 90-7)
4. Lot 673, Plan 14-S and Lot 203, Plan 4-S - (R2-4)
Notwithstanding the requirements of Section 7.1 of this By-law, on the land identified
as R2-4 on Schedule "A," a hairdressing salon shall be permitted within the existing
structures located on the subject lots.
All other requirements of this By-law not specifically amended herein shall apply to
the subject lands. (By-law 90-7)
5. Lot 303 Plan 158 - (R2-5)
Notwithstanding the requirements of Section 7.4.1 of this By-law, on the lands
identified as R2-5 on Schedule "A," the following minimum lot area, minimum lot
frontage and minimum yard setback shall apply:
e)
Minimum lot area: 535m2
f)
Minimum lot frontage: 14.75m
g)
Minimum front yard setback: 4.31m
(By-law 90-7)
6. Lots 618 and 619, Plan 3-S - (R2-6)
Notwithstanding the provisions of this By-law, the following special regulations shall
apply to the lands shown as R2-6 and HL-2 on Schedule "A":
h)
Minimum yard requirements:
iv)
Rear yard: 0m
7. Lots 618 and 619, Plan 3-S - (R2-7)
Notwithstanding the provisions of this By-law, the following special regulations shall
apply to the lands shown as R2-7 on Schedule "A":
i)
Minimum yard requirements:
v)
Rear yard: 0m
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7.6
RESIDENTIAL MULTIPLE DENSITY ZONE 1 (RM1):
ZONE REQUIREMENTS
7.6.1 RESIDENTIAL USES
Requirement
Town House or Row
House Dwellings in RM1
Zones
Accessory buildings in
RM1 Zones
Minimum Lot Area
156m2
Minimum Lot Frontage
Interior lot
4.2m
Exterior lot
7m
Minimum Dwelling Unit Area
Town house or row house dwelling
83m2
Minimum Yard Requirements
Front yard
7.6m
Rear yard
7.5m
1.5m
Side yard
Interior
0m
1.2m; 0m if there is a
mutual garage on the
common property line
End Unit
2m
Exterior
3m
4.5m; 6m between a
garage door and the
street line
Maximum Lot Coverage
50%
10%
Minimum Landscaped Open Space
30%
Maximum Building Height
11m
3.5m
Off-Street Parking
Off-street parking shall be in accordance with the provisions of Section 6.33
7.6.2 NON-RESIDENTIAL USES
Sections 7.2.2 (R1 Zone requirements) shall apply. In addition, no non-residential
building or structure shall be located closer than one half the heights of the building
or 7.6 metres, whichever is the greater, to any property line of the lot on which said
building or structure is located.
7.0 RESIDENTIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 97
7.7
RESIDENTIAL MULTIPLE DENSITY ZONE 2 (RM2):
ZONE REQUIREMENTS
Requirement
Apartment Dwellings in
RM2 Zones
Accessory buildings in
RM2 Zones
Minimum Lot Area (Take sum of all units)
Sum areas for
each of the
applicable units
Bachelor unit
70m2/unit
One-bedroom unit
100m2/unit
Two-bedroom unit
140m2/unit
More than two bedrooms
46m2 for each
additional bedroom
Minimum Lot Frontage
30m
Minimum Dwelling Unit Area
Bachelor unit
42m2
One-bedroom unit
55m2
Two-bedroom unit
70m2
More than two bedrooms
9m2 for each additional
bedroom
Minimum Yard Requirements
Front yard
7.5m
Rear yard
10m
1.5m
Side yard
Interior
4.5m
1.2m; 0m if there is a
mutual garage on the
common property line
Exterior
6m
4.5m; 6m between a
garage door and the
street line
Minimum Distance Between Buildings
The minimum distances between main buildings or portions of main buildings on the same lot shall be
the average height of the two main buildings or portions of main buildings.
Maximum Lot Coverage
33%
10%
Minimum Landscaped Open Space
30%
A buffer strip shall be provided adjacent to the side and rear lots except where said lot lines abut a
Commercial Zone.
Maximum Building Height
15m
3.5m
Outdoor Play Space Requirement
Sum areas for
each of the
applicable units
Bachelor unit
0m2/unit
One-bedroom unit
2m2/unit
Two-bedroom unit
4m2/unit
More than two bedrooms
5m2/unit
Such play space shall be (a) enclosed by a fence 1.2m minimum in height, (b) provided in a single
location not more than 4.5m from the wall of the apartment building, (c) located in the rear or interior
side yard.
Off-Street Parking
Off-street parking shall be in accordance with the provisions of Section 6.33.
7.0 RESIDENTIAL ZONES
98 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
7.8
RESIDENTIAL MULTIPLE DENSITY ZONE 2 (RM2):
EXCEPTIONS
1. Senior Citizen Apartments: Pine St. - (RM2-1)
Notwithstanding the requirements of Sections 6.34 and 7.7, the following regulations
shall apply to the lands shown as RM2-1 on Schedule "A":
a)
Parking requirements: 0 spaces per dwelling unit
b)
Play space: The requirements of Section 7.7 shall not apply
c)
Landscaping: No buffer strip shall be required adjacent to the side and
rear lot lines.
d)
Minimum front yard setback: 2.75m
e)
Minimum rear yard setback: 3.97m
f)
Maximum lot coverage: 55%
All other requirements of this By-law not expressly amended herein shall apply.
7.0 RESIDENTIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 99
7.9
RESIDENTIAL MOBILE HOME ZONE (RMH): ZONE
REQUIREMENTS
Requirement
Mobile Homes in RMH Zones
Minimum Lot Area
697m2
Minimum Lot Frontage
15m
Minimum Yard Requirements
Front yard
7.5m
Rear yard
The greater of 7.5m or 25% the depth of the lot
Side yard
1.2m provided that no two mobile homes shall be
separated by a distance less than 6m. Any
attached carport or other addition shall be regarded
as part of the mobile home for the purpose of
calculating the separation.
Maximum Lot Coverage
Main unit
Single wide, double wide or expandable unit only
Additions
16.5m2
Storage units
14m2
Convenience store
15%
On Site Additions
No additions other than car ports and porches shall be allowed on each mobile home site. Such additions
shall not restrict or diminish the means of egress from the mobile home. They shall be designed and
constructed so as not to degrade from the appearance of the mobile home and shall be constructed of
material or so finished that the resistance to fire is at least equivalent to that offered by the mobile home
exterior cladding.
Accessory Structure
All mobile homes shall be provided with durable skirting to screen the view of the undercarriage or
foundation supports and any accessory structure shall be designed to harmonize with the mobile home.
Storage
There shall be no outside storage of any furniture, domestic equipment, contractor's heavy equipment or
equipment associated with logging operations.
Off-Street Parking
Off-street parking shall be in accordance with the provisions of Section 6.33.
8.0 COMMERCIAL ZONES
100 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
8.0 Commercial Zones
8.1
PERMITTED USES
Type of Use
Town Centre
Commercial
Zone (TC)
Corridor
Commercial
Zone (CC)
Neighbourhood
Commercial
Zone (NC)
Permitted Commercial Uses
Automobile repair establishment
-
-
Automobile sales establishment
-
Automobile service station
-
Bake Shop / Bakery, Commercial
-
-
Brewer's retail outlet
-
-
Building supply outlet including the outside storage
and display of goods and materials
-
Car wash
-
Craft shop
-
-
Eating establishment
-
-
Eating establishment, drive through
-
-
Eating establishment, take out
-
-
-
Financial Institution
-
Hotel / Motel
-
-
Laundromat
-
-
-
Light equipment sales and rental establishment
-
Liquor Licensed Premise
-
-
-
Marina
-
Nursery and Garden Store
-
Office
-
Personal Service Shop
-
-
-
Pinball or Electronic Game Machine establishment
-
Place of entertainment
-
Recreational vehicle sales, service and storage
establishment
-
Retail Establishment
-
Retail Establishment, Convenience
-
-
-
Retail Establishment, Large Format
-
Service Shop and Repair Establishment
-
Service Trade Establishment
-
Studio
-
Supermarket
-
-
-
Tavern
-
Veterinarian's office or clinic
-
-
-
Continued on next page
8.0 COMMERCIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 101
Continued from previous page
Requirement
Town Centre
Commercial
Zone (TC)
Corridor
Commercial
Zone (CC)
Neighbourhood
Commercial Zone
(NC)
Permitted Public Uses
Public uses in accordance with Section 6.36
-
-
-
Permitted Institutional Uses
Assembly hall
-
-
-
Club/ Private Club
-
-
Day care centre
-
-
Long Term Care Home
-
Place of worship
-
-
School
-
-
Permitted Residential Uses
Apartment dwelling
-
Boarding house
-
Converted dwelling
-
Existing single family dwelling
-
Home occupation
-
Townhouse or Rowhouse dwelling
-
Dwelling units as a secondary use only within the
second storey of a permitted TC use except retail
stores, personal service shops, eating
establishments and banks
-
Dwelling units as a secondary use only within the
second storey of a permitted CC use
-
Permitted Accessory Uses
Uses, buildings or structures accessory to any of
the permitted uses herein, in accordance with the
requirements of this By-law
-
-
-
8.0 COMMERCIAL ZONES
102 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
8.2
TOWN CENTRE COMMERCIAL ZONE (TC): ZONE
REQUIREMENTS
8.2.1 NON-RESIDENTIAL USES
Requirement
All Non-Residential Uses in TC Zones
Minimum Lot Area
Nil
Minimum Lot Frontage
Nil
Minimum Yard Requirements
Front yard
Nil
Side Yard
Interior
Nil; 3.5m if no access is available to the rear of the building
by a lane
Exterior
Nil
Rear yard
Abutting town centre or
industrial zone
Nil; 6m if no access is available to the rear of the building
by a lane
Abutting residential or
open space zone
10m
Maximum Lot Coverage
90%
Maximum Building Height
18m
Vehicular Storage
Any vehicles for commercial use which are stored on a lot in a TC Zone shall be screened from adjacent
residential uses by a solid fence or other barrier not less than 1.8m in height.
Open Storage
There shall be no open storage of goods and materials within the TC Zone.
Off-Street Parking Requirements
All uses within existing buildings and
structures
0 parking spaces
All other uses
0 parking spaces
Loading Requirements
All uses within existing buildings and
structures
0 loading spaces
All other uses
In accordance with Section 6.33.3
8.0 COMMERCIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 103
8.2.2 RESIDENTIAL USES
Requirement
Apartment
Dwellings in
TC Zones
Dwelling Unit
in a Second
Storey above
a Permitted
Commercial
Use in TC
Zones
Existing Single
Detached,
Converted, and
Boarding House
Dwellings in TC
Zones
Town House Dwellings
in TC Zones
Minimum Lot Area
The sum of 70m2/ bachelor
unit, 100m2/one-bedroom
unit, 140m2/two-bedroom
unit and 46m2/unit for each
additional bedroom in a unit
with more than two
bedrooms
550m2
If 2 walls are attached
to adjoining dwelling
units: 180m2
If 1 wall is attached to
an adjoining dwelling
unit: 200m2 not on a
corner lot and 220m2
on a corner lot
Minimum Lot Frontage
15m
Nil
15m
6m
Minimum Yard Requirements
Front yard
The lesser
of ½ the
height of the
building or
7.5m
Nil
The lesser of: ½
the height of the
building or
7.5m
6m
Side Yard
Interior
The lesser
of ½ the
height of the
building or
7.5m
Nil; 3.5m if
no access if
available to
the rear of the
building by a
lane
1.2m plus 0.6m
for each
additional
storey; 3.5m for
one side yard if
there is no
garage or
carport or no
access to the
rear of the
building by a
lane
0m; 2m for end unit
Exterior
The lesser
of ½ the
height of the
building or
10m
Nil
4.5m
4.5m
Rear yard
10m
10m
10m
10m
Maximum Dwelling Unit Size
42m2
42m2
42m2
83m2
Maximum Lot Coverage
60%
60%
60%
60%
Maximum Building Height
15m
15m
15m
15m
8.0 COMMERCIAL ZONES
104 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
8.3
TOWN CENTRE COMMERCIAL ZONE (TC):
EXCEPTIONS
8.0 COMMERCIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 105
8.4
CORRIDOR COMMERCIAL ZONE (CC): ZONE
REQUIREMENTS
8.4.1 NON-RESIDENTIAL USES
Requirement
Automobile Service Stations and
Car Washes in CC Zones
All Non-Residential Uses Other
than Automobile Service Stations
and Car Washes in CC Zones
Minimum Lot Area
Full services
1150m2
550m2
Partial services
1400m2
2050m2
Private services
1850m2
3000m2
Minimum Lot Frontage
Full services
30m
15m
Partial services
30m
30m
Private services
30m
35m
Minimum Yard Requirements
Front yard
6m
6m
Side Yard
Interior
6m; 9m where the interior side
yard abuts a Residential Zone
6m; 9m where the interior side
yard abuts a Residential Zone
Exterior
9m
9m
Rear yard
7.5m
7.5m
Maximum Lot Coverage
60%
60%
Maximum Building Height
10m
10m
Minimum Landscaped Open Space
10%
10%
A 3m buffer strip shall be provided adjacent to the side and rear lot lines where a HC Zone directly
abuts a Residential Zone
A 3m landscaped strip shall be provided in the front yard adjacent to the street line
Regulations for Gasoline Pump Locations, Provision of Driveways and Car Washes
Please see text below chart
--
8.4.1.1
Regulations for Gasoline Pump Locations
Notwithstanding any other provision of the By-law, a gasoline pump island, gasoline
pumps, or propane storage tanks (as part of or accessory to an Automobile Service
Station or an Automobile Repair Garage), may be located within any yard provided
that:
a)
The minimum distance between any portion of the pump island or
pump and any street line or any interior side or rear lot line shall be
6m, except where such interior side or rear lot line abuts a Residential
Zone, no portion of the pump island or pump shall be located within
9m of such abutting lot line
8.0 COMMERCIAL ZONES
106 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
Where the lot is a corner lot, no portion of any pump island shall be located closer
than 3m to a street line between a point in the front lot line and a point in the exterior
side lot line, each point being distant 15m from the intersection of such lines
8.4.1.2
Regulations for the Provision of Driveways
Notwithstanding any other requirement of this By-law, the following requirements
shall apply to driveways for any Automobile Service Station or Car Wash:
a)
Width of driveway (measured along the street line):
i)
Maximum: 9m
ii)
Minimum: 5m
b)
Location of driveway:
i)
Minimum distance between a driveway and an intersection of 2
street lines (measured along the street line intersected by such
driveway): 15m
ii)
Minimum distance between a driveway and an interior side lot
line: 3m
c)
Interior angle of driveway to street line:
i)
Minimum: 70 degrees
ii)
Maximum: 90 degrees
All parts of the ingress and egress ramps shall be maintained with a cement or asphalt
binder or any other type of permanent surfacing to prevent the raising of dust or loose
particles.
8.4.1.3
Regulations for Car Washes
a)
Where a lot is used for a car wash, the entrance layout shall be
sufficient to accommodate not less than 15 cars outside the building in
a lane or lanes laid out in such a way as to permit the progressive
movement of vehicles into the car wash facility.
b)
The lanes in which the vehicles shall move on the lot shall be
unobstructed and clearly defined by lines painted on the surface of the
lot.
c)
Minimum inside turning radius of the said lanes: 6m
8.0 COMMERCIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 107
8.5
CORRIDOR COMMERCIAL ZONE (CC): EXCEPTIONS
1.0 Northern Pottery - (CC-1)
Notwithstanding the requirements of Section 8.4.1, the following regulations shall
apply to the lands shown a CC-1 on Schedule "A":
a)
There shall be no construction of any building closer to the southerly
boundary of the lands zoned CC-1 commencing at a point 6m from the
easterly or highway boundary of the said lands to a point 60m from the
said easterly or highway boundary of the said lands.
2.0 Propane Cylinder Installation, Highway 129, Parts 1 and 2, SR 1393 - (CC-2)
Notwithstanding the requirements of Section 8.4.1 and 8.4.1.1, the following
minimum yard requirements shall apply to the lands shown as CC-2 on Schedule
"A":
a)
Minimum yard requirements:
i)
Front yard: 9.753m
ii)
Rear yard: 1.523m
3.0 Propane Cylinder Installation, Monk Street - (CC-3)
Notwithstanding the requirements of Section 8.4.1 and 8.4.1.1, the following
minimum yard requirements shall apply to the lands shown as CC-3 on Schedule
"A":
a)
Minimum yard requirements:
i)
Side yard: 3.0m
4.0 Lot 42, Plan M-1088 - (CC-4)
Notwithstanding the requirements of this By-law, the following special regulations
shall apply to the lands shown as CC-4 on Schedule "A":
a)
Off-street parking: minimum of 11 parking spaces
b)
Landscaping: a landscape strip not less than 3m in width abutting the
front and side lot lines, and 1.5m in width abutting the rear lot line
shall be provided, but this shall not prevent the provision of driveways
through the required landscaping.
c)
Fencing: a fence of not less than 1.8m shall be provided along the side
and rear lot lines, except that said fence shall not exceed 1m in height
commencing at the point of intersection of Martel Road and Planner
Road and measuring 8.2m southerly along the easterly lot line of said
lot.
8.0 COMMERCIAL ZONES
108 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
5.0 Part 1, Registered Plan SR-663 - (CC-5)
Notwithstanding the requirements of Sections 6.3.4, 8.1 and 8.2.1 of this By-law, the
following special regulations shall apply to the lands shown as CC-5 on Schedule
"A":
a)
Permitted uses:
i)
Confectionary establishment
ii)
Restaurant, full service
b)
Minimum yard requirements:
i)
Interior side yard: 0m
ii)
Rear yard: 4.5m
c)
Minimum landscaping requirements: no buffer strip shall be required
in any side yard
d)
Off-street parking requirements:
i)
Minimum number of off-street parking spaces: 12
All other requirements of this By-law not specifically amended herein shall apply to
the subject property. (By-law 90-7)
6.0 (CC-6)
Notwithstanding the requirements of Sections 8.1 and 8.2.1 of this By-law, the
following special regulations shall apply to the lands shown as CC-6 on Schedule
"A":
a)
Permitted uses:
i)
Confectionary establishment
b)
Minimum yard requirements:
ii)
South side yard: 2.4m
iii)
Rear yard: 3.0m
All other requirements of this By-law not specifically amended herein shall apply to
the subject property. (By-law 90-7)
7.0 131 Martel Road, Part 15, SR-41 - (CC-7)
Notwithstanding the requirements of Sections 8.1 and 8.2.1 of this By-law, the
following special regulations shall apply to the lands shown as CC-7 on Schedule
"A":
a)
Permitted non-residential uses:
8.0 COMMERCIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 109
i)
Boat and trailer storage
ii)
Warehouse rental
iii)
U-Haul rental
iv)
Building supply outlet
v)
Lumber storage
vi)
Self-serve gas bar
vii)
All other CC uses as listed in Section 6.2.1, subject to the
servicing restriction set out in this section, provided that said
permitted non-residential uses are restricted to those that do not
generate more than 4500L/day of sewage, as determined by the
appropriate Municipal Official.
b)
Accessory uses: uses, buildings or structures accessory to any of the
permitted uses herein, in accordance with the requirements of this By-
law, provided that said permitted accessory uses are restricted to those
that do not generate more than 4500L/day of sewage, as determined by
the appropriate Municipal Official.
c)
Outside storage: the storage of goods, material or machinery shall only
be permitted in an interior or rear yard, provided that it is screened
from any adjacent residential uses by a stone, masonry or board fence
not less than 1.8m in height or by a building. (By-law 90-42)
8.0 154 Martel Road, Lots 90, 91 and 92, Plan M-1105 - (CC-8)
Notwithstanding the requirements of Sections 8.1 of this By-law, the following
special regulations shall apply to the lands shown as CC-8 on Schedule "A":
a)
Permitted non-residential uses:
i)
Parking lot provided that said permitted non-residential uses are
restricted to those that do not require water for their operations,
other than for the use of their employees.
b)
Accessory uses: uses, buildings or structures accessory to any of the
permitted uses herein, in accordance with the requirements of this By-
law provided that said permitted accessory uses are restricted to those
that do not require water for their operations, other than for the use of
their employees.
c)
Off-street parking requirements: 48 parking spaces
d)
Screening: a 1.5m opaque wood, pressure-treated fence shall be
erected along the entire length of the above mentioned property facing
8.0 COMMERCIAL ZONES
110 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
Rolly Street and Derek Street, save and except 12m on Rolly Street
immediately adjacent to Martel Road.
e)
Curbs and gutter: all parking lot surfaces, landscaping islands and
driveway entrances shall be delineated by concrete curbs and gutter.
f)
Landscaping: all surfaces not utilized for parking purposes shall be
landscaped with shrubbery, grasses and trees.
g)
Lighting: exterior lighting shall be of a type that will not unduly affect
or directly illuminate the surrounding residential uses. (By-law 90-55)
9.0 Birch Street West, Lot 1, Plan 4 - (CC-9)
Notwithstanding the requirements of Sections 8.1 of this By-law, the following
special regulations shall apply to the lands shown as CC-9 on Schedule "A":
a)
Permitted non-residential uses:
i)
Automobile glass repair/replacement shop
ii)
Car wash
iii)
Confectionery store
iv)
Sale of snowmobile clothing and automobile accessories
v)
Automobile customizing of a non-mechanical nature
vi)
Sale of automobile snow ploughs and harnesses
b)
Outside storage: no outside storage of goods, material or machinery
shall be permitted.
10.0
Derek Street, Lots 93, 94, 95 and 96, Plan M-1105 - (CC-10)
Notwithstanding the requirements of Sections 8.1 of this By-law, the following
special regulations shall apply to the lands shown as CC-10 on Schedule "A":
a)
Permitted non-residential uses:
i)
Parking lot
b)
Accessory uses: uses, buildings or structures accessory to any of the
permitted uses herein, in accordance with the requirements of this By-
law
c)
Screening: a 5-foot high (5'-0") opaque wood, pressure treated fence
shall be erected along the entire length of the above mentioned
property facing Rolly Street and Derek Street, as well as along the lot
line between Lots 96 and 97 of Plan M-1105 from Derek Street to
Martel Road, safe and except 40-feet on Rolly Street immediately
adjacent to Martel Road
8.0 COMMERCIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 111
d)
Curbs and gutter: all parking lot surfaces, landscaping islands and
driveway entrances shall be delineated by concrete curbs and gutter.
e)
Landscaping: all surfaces not utilized for parking purposes shall be
landscaped with shrubbery, grasses and trees.
f)
Lighting: exterior lighting shall be of a type that will not unduly affect
or directly illuminate the surrounding residential uses.
11.0
Derek Street, Lots 87, 88, and 89, Plan M-1105 - (CC-11)
Notwithstanding the requirements of Sections 8.1 of this By-law, the following
special regulations shall apply to the lands shown as CC-11 on Schedule "A":
a)
Permitted non-residential uses:
i)
Motel
b)
Accessory uses: uses, buildings or structures accessory to any of the
permitted uses herein, in accordance with the requirements of this By-
law
c)
Screening: a 5-foot high (5'-0") opaque wood, pressure treated fence
shall be erected along the entire length of the above mentioned
property facing Derek Street, save and except a 32-foot space for a
driveway, as well as along the entire lot line between Lots 86 and 87
of Plan M-1105.
d)
Curbs and gutter: all parking lot surfaces, landscaping islands and
driveway entrances shall be delineated by concrete curbs and gutter.
e)
Landscaping: all surfaces not utilized for parking purposes shall be
landscaped with shrubbery, grasses and trees.
f)
Lighting: exterior lighting shall be of a type that will not unduly affect
or directly illuminate the surrounding residential uses.
12.0
Derek Street, Lots 84, 85, and 86, Plan M-1105 - (CC-12)
Notwithstanding the requirements of Sections 8.1 of this By-law, the following
special regulations shall apply to the lands shown as CC-12 on Schedule "A":
a)
Permitted non-residential uses:
i)
Motel
b)
Accessory uses: uses, buildings or structures accessory to any of the
permitted uses herein, in accordance with the requirements of this By-
law
c)
Screening: a 5-foot high (5'-0") opaque wood, pressure treated fence
shall be erected along the entire length of the above mentioned
8.0 COMMERCIAL ZONES
112 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
property facing Derek Street, save and except a 32-foot space for a
driveway, as well as along the entire lot line between Lots 83 and 84
of Plan M-1105.
d)
Curbs and gutter: all parking lot surfaces, landscaping islands and
driveway entrances shall be delineated by concrete curbs and gutter.
e)
Landscaping: all surfaces not utilized for parking purposes shall be
landscaped with shrubbery, grasses and trees.
f)
Lighting: exterior lighting shall be of a type that will not unduly affect
or directly illuminate the surrounding residential uses.
13.0
(CC-13)
Notwithstanding the requirements of Sections 8.1 of this By-law, the following
special regulations shall apply to the lands shown as CC-13 on Schedule "A":
a)
Permitted Non-residential Uses:
i) Antique Shop
ii) Automobile sales establishment
iii) Automobile service station
iv) Convenience Store
v) Marina
vi) Recreational vehicle sales, service and storage establishment
b)
Screening: a 5-foot high (5'-0") opaque wood, pressure treated fence
shall be erected along the entire length of the rear property lines of
each property subject this zoning as well as along the entire west
property line of Part 1, Plan 53R-10654 and along the entire east
property line of Lot 32, Plan M-1088.
8.0 COMMERCIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 113
8.6
NEIGHBOURHOOD COMMERCIAL ZONE (NC): ZONE
REQUIREMENTS
Requirement
All Uses in NC Zones
Minimum Lot Area
Full services
550m2
Partial services
2050m2
Private services
3000m2
Minimum Lot Frontage
Full services
15m
Partial services
30m
Private services
35m
Minimum Yard Requirements
Front yard
6m
Side Yard
Interior
6m; 9m where the interior side yard abuts a Residential
Zone
Exterior
9m
Rear yard
7.5m
Maximum Lot Coverage
50%
Maximum Building Height
10m
Minimum Landscaped Open Space
10%
A 3m buffer strip shall be provided adjacent to the side and rear lot lines where a NC Zone directly
abuts a Residential Zone
A 3m landscaped strip shall be provided in the front yard adjacent to the street line
Off-Street Parking
In accordance with Section 6.33
Loading Requirements
In accordance with Section 6.33.3
8.7
NEIGHBOURHOOD COMMERCIAL ZONE (NC)
EXCEPTIONS
1.0 Lots 319 and 320, Plan 4-S - (NC-1)
Notwithstanding the requirements of Sections 6.34 and 8.6 on the lands shown as
NC-1 on Schedule "A", the following requirements shall apply:
a)
Loading area dimensions:
i)
Width: 3.65m
ii)
Length: 18.2m
iii)
Height: 4.2m
b)
Size of driveway:
8.0 COMMERCIAL ZONES
114 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
i)
Width: 4.36m
c)
Rear yard setback: 0.55m where a rear lot line abuts a residential zone
d)
Buffer strip: 0.6m adjacent to the rear lot line where a rear lot line
abuts a residential zone
e)
Maximum coverage: 62.95%
f)
Exterior yard setback: 0.55m
g)
Off-street parking spaces requirement: 24 spaces
9.0 INDUSTRIAL ZONES
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9.0 Industrial Zones
9.1
PERMITTED USES
Type of Use
Light Industrial
Zones (M1)
General
Industrial
Zones (M2)
Permitted Industrial Uses
Automobile sales and service establishment
-
Automobile repair establishment
-
Automobile service station
-
Bakery Shop / Bakery, Commercial (Lots 6 and 7, Plan M-1138)
-
Building supply outlet
-
Bulk Storage Tank
-
Car wash
-
Dry Cleaning Establishment
-
Manufacturing, Light (processing, assembly or fabrication)
-
Manufacturing, Light (processing, assembly or fabrication within a
wholly enclosed building)
-
Manufacturing, Heavy (Motor cycle and motorized snow vehicle
repair and sales, Heavy Railway passenger car, locomotive and
freight servicing and repair facilities)
-
Printing establishment
-
Provided that none of the above uses shall be conducted din a
manner which is obnoxious.
-
Salvage Yard or Scrap Yard
-
Transport Terminal
-
-
Warehouse
-
-
Wholesale establishment
-
-
Workshop
-
Permitted Public Uses
Public uses in accordance with Section 6.35
-
-
Permitted Accessory Uses
Uses, buildings or structures accessory to any of the permitted uses
herein, in accordance with the requirements of the By-law, provided
that any accessory commercial uses shall not exceed 15% of the
gross floor area of a permitted industrial use.
-
-
9.0 INDUSTRIAL ZONES
116 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
9.2
LIGHT INDUSTRIAL ZONE (M1): ZONE
REQUIREMENTS
9.2.1
USES OTHER THAN AUTOMOBILE SERVICE STATIONS AND
CAR WASHES
Requirement
All Uses Other than Automobile Service Stations and Car Washes
in M1 Zones
Minimum Lot Area
Full services
550m2
Partial services
2050m2
Private services
3000m2
Minimum Lot Frontage
Full services
15m
Partial services
30m
Private services
35m
Minimum Yard Requirements
Front yard
12m
Side Yard
Interior
6m; 30m where the interior side yard abuts a residential, open
space or hazard land zone or is separated from said zones by only
a street or lane
Exterior
12m
Rear yard
7.5m; 30m where the interior rear yard abuts a residential, open
space or hazard land zone or is separated from said zones by only
a street or lane; 0m where the rear yard abuts a railway
Maximum Lot Coverage
60%
Maximum Building Height
12m
Outside Storage
The storage of goods, material or machinery shall only be permitted in an interior side yard or rear yard,
provided it is enclosed on all sides by a stone, masonry or board fence not less than 1.8m in height or by
a building
Front and Exterior Side Yards
The front and exterior side yards shall not be used for any purpose other than landscaping or the
temporary parking of visitors' private passenger vehicles, provided that no parking shall be permitted in
the required buffer strip
Minimum Landscaped Open Space
10%
A 3m buffer strip shall be provided adjacent to the side and rear lot lines where a M1 Zone directly
abuts a residential zone
A 3m landscaped strip shall be provided in the front yard adjacent to the street line
Off-Street Parking
In accordance with Section 6.33
Loading Requirements
In accordance with Section 6.33.3
9.0 INDUSTRIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 117
9.2.2 AUTOMOBILE SERVICE STATIONS AND CAR WASH USES
The requirements in Section 8.4.1 (CC Zone) for Automobile Service Stations and
Car Washes shall apply.
9.3
LIGHT INDUSTRIAL ZONE (M1): EXCEPTIONS
1.0 Light Industrial Park - (M1-1)
Notwithstanding the provisions of Section 6.3 and 9.1, the following regulations shall
apply to the lands shown as M1-1 on Schedule "A":
a)
No outside storage will be permitted on the lands identified on
Schedule "A." Any storage of equipment or material on any other lot
within the area zoned M1-1 which may have river frontage shall be
enclosed on those sides that are exposed to the Nebskwashi River by
an opaque fence, wall or compact hedge at least 1.8m in height.
b)
Sales and repairs of motorized snow vehicles/machines and
motorcycles shall not be permitted.
c)
Test driving of any motorcycles or motorized snow vehicles/machines
shall not be permitted on any lots or road allowance within the
boundaries of the subdivision.
d)
Trucking, transport services and related activities shall be permitted.
e)
No building or structure shall be erected or altered unless the exterior
construction thereof is stone, brick, reinforced concrete, glass or steel
or any combination thereof.
f)
Accessory buildings:
i)
No accessory building located in a rear or interior side yard
shall be located closer than 3m from any side or rear lot line.
ii)
No accessory building shall be located closer than 6m from a
public street or 3m reserve.
iii)
Any accessory building shall not be considered an accessory
building for the purpose of calculating lot coverage if attached
to the main building, but shall be considered to be part of the
main building.
g)
Minimum yards:
i)
Front yard: 19.8m; 30m where a front lot line abuts a
residential zone, residence, or business within a rural zone, or
is separated from a residential zone, residence, or business
within a rural zone by a street or lane only
9.0 INDUSTRIAL ZONES
118 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
ii)
Side yard: 7.6m; 30m where a side lot line abuts a residential
zone, residence, or business within a rural zone, or is separated
from a residential zone, residence, or business within a rural
zone by a street or lane only
iii)
Rear yard: 15.2m; 25m where a rear lot line abuts a residential
zone, residence, or business within a rural zone, or is separated
from a residential zone, residence, or business within a rural
zone by a street or lane only
iv)
With the exception of Lots 1, 2, 3, 4 and 15 on which outside
storage and the carrying on of any outside operation is not
permitted: where any part of a permitted use is carried on
outside a building, that part of the operation shall not be
conducted in any front yard or in any portion of a side or rear
yard within 15.2m of an abutting residential zone, residence or
business in a rural zone.
h)
Site plan: the lands zoned M1-1 shall be subject to Site Plan approval
in accordance with the provisions of the Planning Act.
2.0 Planer Road, Block B, Plan M-1088 - (M1-2)
Notwithstanding the provisions of Section 7.1, the following regulations shall apply
to the lands shown as M1-2 on Schedule "A":
a)
Permitted accessory uses: uses, buildings or structures accessory to
any of the permitted uses herein, in accordance with the provisions of
this By-law, provided the said permitted non-residential and accessory
uses are restricted to those uses that do not require water for their
operations, other than for the use of their employees.
b)
Outside storage: the storage of goods, material or machinery shall only
be permitted in an interior or rear yard, provided that it is screened
from any adjacent residential uses by a stone, masonry or board fence
not less than 1.8m in height or by a building. (By-law 90-49)
9.0 INDUSTRIAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 119
9.4
GENERAL INDUSTRIAL ZONE (M2): ZONE
REQUIREMENTS
Requirement
All Uses in M2 Zones
Minimum Lot Area
1500m2
Minimum Lot Frontage
30m
Minimum Yard Requirements
Front Yard
12m
Side Yard
Interior
9m; 30m where the interior side yard abuts a residential, open
space or hazard land zone or is separated from said zones by only
a street or lane; 0m where the side yard is adjacent to an industrial
zone
Exterior
12m
Rear Yard
9m; 30m where the rear yard abuts a residential, open space or
hazard land zone or is separated from said zones by only a street
or lane; 0m where the rear yard abuts a railway
Maximum Lot Coverage
60%
Maximum Building Height
12m
Minimum Landscaped Open Space
A 3m buffer strip shall be provided adjacent to the side and rear lot lines where a M2 Zone directly
abuts a Residential Zone
A 3m buffer strip shall be provided in the front yard adjacent to the street line
10.0 INSTITUTIONAL ZONES
120 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
10.0 Institutional Zones
10.1 PERMITTED USES
Type of Use
Institutional
Zone (I)
Permitted Institutional Uses
Assembly hall
-
Club / Private club
-
Community centre
-
Day care centre
-
Federal, provincial or municipal government offices, buildings or facilities
-
Fire hall
-
Hospital
-
Library
-
Long Term Care home
-
Medical Office
-
Municipal administration offices
-
Museum
-
Retirement home
-
Place of worship
-
Police station
-
School
-
Permitted Public Uses
in accordance with Section 6.35
-
Other Accessory Uses
Uses, buildings or structures accessory to any of the permitted uses herein, in
accordance with the requirements of the By-law
-
10.2 INSTITUTIONAL ZONES (I): ZONE REQUIREMENTS
Requirement
All Uses in I Zones
Minimum Lot Area
800m2
Minimum Lot Frontage
15m
Minimum Yard Requirements
Front yard
The lesser of 7.5m or ½ the height of the building
Side Yard
Interior
4.5m
Exterior
9m
Rear yard
The lesser of 7.5m or ½ the height of the building
Maximum Lot Coverage
50%
Maximum Building Height
10.5m
Minimum Landscaping Requirements
A 3m buffer strip shall be provided in accordance with Section 6.9 abutting the side and rear lot lines
10.0 INSTITUTIONAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 121
Requirement
All Uses in I Zones
where the I Zone abuts a residential or open space zone.
10.3 INSTITUTIONAL ZONES (I): EXCEPTIONS
1.0 Ministry of Natural Resources - (I-1)
Notwithstanding the provisions of Sections 6.34 and 11.2, the following additional
requirements shall apply to the lands shown as I-1 on Schedule "A":
a)
Additional permitted uses:
i)
A Ministry of Natural Resources base, including operation,
administrative and residential uses such as a carpenter's shop,
warehousing, plumbing, an electrical shop, air base, boat
house, fuel dispensing, automotive repair garage, helicopter
storage and landing area
b)
Minimum elevations: no buildings or structures other than those
required for erosion or flood control or parking purposes shall be
permitted below the 429m Canadian Geodetic Datum (CGD) elevation
c)
Minimum off-street parking requirements:
i)
Operational vehicles: 105 parking spaces
ii)
Employee parking: 100 parking spaces
d)
Minimum yard requirements:
i)
Side yard: 1.2m
ii)
Rear yard: 1.2m
e)
Maximum lot coverage: 60%
2.0 Part Plan 53-R-7414, Ministry of Natural Resources - (I-2)
Notwithstanding the provisions of Section 12.2, the following additional requirements
shall apply to the lands shown as I-2 on Schedule "A":
a)
Minimum yard requirements:
i)
Front yard: 3m (By-law 90-7)
11.0 RURAL ZONES
122 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
11.0 Rural Zones
11.1 PERMITTED USES
Type of Use
Rural Zone
(RU)
Permitted Non-Residential Uses
Agriculture Use
-
Bed and breakfast establishment
-
Commercial kennel
-
Conservation Area
-
Forestry Use
-
Hunting, Trapping and Fishing
-
Public or private park
-
Pit / Quarry / Resource Extraction Operation
-
Tourist commercial uses
-
Permitted Residential Uses
One single family dwelling including an accessory attached residential dwelling unit
occupied by a person employed full time on the farm where the farm is not less than
20ha in area
-
One single family dwelling on an existing lot of record, subject to the provisions of
Section 11.2.2
-
One single family dwelling for a person employed on the premises of a residential use
permitted in Section 11.1
-
One single family dwelling on a lot registered plan of subdivision, subject to the
requirements of Section 11.2.2
-
Home occupations / industries
-
Permitted Public Uses
Public uses in accordance with Section 6.35
-
Permitted Accessory Uses
Uses, buildings or structures accessory to any of the permitted uses herein, in
accordance with the requirements of the By-law
-
11.0 RURAL ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 123
11.2 RURAL ZONE (RU): ZONE REQUIREMENTS
11.2.1 NON-RESIDENTIAL USES
Requirement
Non-Residential Uses in RU Zones
Minimum Lot Area
Agriculture Uses
10ha
Other uses and hobby farms
4ha
Minimum Lot Frontage
Agriculture Uses
200m
Other uses and hobby farms
60m
Minimum Yard Requirements
Front Yard
30m
Side Yard
Interior
15m
Exterior
15m
Rear Yard
15m
Stable, barn, shelter, pen, cage, kennel or other
buildings or structures used to house animals or
domestic fowl, feed lots area and manure storage
areas
600m from a residential or institutional zone, or
any park use; 300m from any commercial or
industrial zone; 90m from the centre line of the
road; 60m from the lot line
Maximum Lot Coverage
5%
Maximum Building Height
12m
Minimum Landscaped Open Space
A 3m buffer strip shall be provided adjacent to the side and rear lot lines where a M2 Zone directly
abuts a Residential Zone
A 3m landscaped strip shall be provided in the front yard adjacent to the street line
11.0 RURAL ZONES
124 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
11.2.2 RESIDENTIAL USES
Requirement
Residential Uses in RU Zones
Minimum Lot Area
4ha
Minimum Lot Frontage
60m
Minimum Yard Requirements
Front yard
9m
Side Yard
Interior
1.2m plus 0.6m for each additional storey
Exterior
9m
Rear yard
15m
Maximum Lot Coverage
15%
Maximum Building Height
9m
Home Occupations
In accordance with the requirements of Sections 6.19
of this By-law
11.3 RURAL ZONE (RU): EXCEPTIONS
1.0 Part 2, Plan SR-1066; Part 1, Plan 53R-5746 - (RU-1)
Notwithstanding the requirements of this By-law, the following special regulations
shall apply to the lands shown as RU-1 on Schedule "A":
a)
Permitted uses:
b)
Small engine sales and repair shop
c)
Recreation vehicle sales
d)
Service establishments
2.0 Part of Parcel #11655, Highway 129, 0.32ha - (RU-2)
Notwithstanding the requirements of Section 8 of By-law 89-19, the following special
regulations shall apply to the lands shown as RU-2 on Schedule "A":
a)
Permitted residential uses:
i)
One single family detached dwelling and uses, buildings or
structures accessory thereto
b)
Minimum lot area: 0.32ha
c)
Minimum yards: rear yard: 10m
12.0 OPEN SPACE ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 125
12.0 Open Space Zones
12.1 PERMITTED USES
Type of Use
All Uses in
Public Open
Space Zones
(OS1)
All Uses in
Private Open
Space Zones
(OS2)
Permitted Non-Residential Uses
Cemetery
-
Commercial Outdoor Recreation Facility
-
Community centre
-
Conservation Area
-
-
Golf course
-
Parking area
-
Private park
-
Public park
-
Permitted Public Uses
In accordance with Section 6.35
-
-
Permitted Accessory Uses
Uses, buildings or structures accessory to any of the permitted uses
herein, in accordance with the requirements of the By-law
-
-
12.0 OPEN SPACE ZONES
126 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
12.2 PUBLIC OPEN SPACE ZONES (OS1) AND PRIVATE OPEN
SPACE ZONES (OS2): ZONE REQUIREMENTS
Requirement
All uses in OS1 Zones
All Uses in OS2 Zones
Minimum Lot Area
550m2
4ha
Minimum Lot Frontage
20m
60m
Minimum Yard Requirements
Front yard
7.5m
15m
Side Yard
7.5m
15m
Rear yard
7.5m
15m
Maximum Lot Coverage
10%
10%
Maximum Building Height
10m
10m
12.3 PUBLIC OPEN SPACE ZONES (OS1): EXCEPTIONS
1.0 OS-1
Notwithstanding the provisions of Section 12.1, the following additional uses are
permitted on the lands shown as OS1-1 on Schedule "A":
a)
Additional permitted uses:
i)
Right of way to lot numbers 14 and 43, Registered Plan M-
1088
13.0 ENVIRONMENTAL PROTECTION ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 127
13.0 Environmental Protection (EP) and Hazard Lands
Zones (HL)
13.1 PERMITTED USES
Type of Use
All Uses in
Hazard Lands
Zones (HL)
All Uses in
Environmental
Protection Zones (EP)
Permitted Non-Residential Uses
Conservation Area
-
-
Hunting, Trapping, and Fishing
-
-
Conservation, agriculture, forestry, reforestation or other
similar uses which provide for the preservation and
management of the natural environment
-
-
Flood, erosion and siltation control works
-
A golf course, exclusive of any buildings or structures
-
Marina
-
-
Public park
-
-
Private park
-
-
Permitted Public Uses
In accordance with Section 6.35
-
-
Permitted Accessory Uses
Uses accessory to any of the permitted uses herein, in
accordance with the requirements of the By-law
-
-
13.2 ENVIRONMENTAL PROTECTION ZONE
REQUIREMENTS
Requirement
All uses in HL Zones
All Uses in EP Zones
Minimum Lot Area
Nil
Nil (where no buildings
are constructed); or
1,000m2 (where
buildings are
constructed)
Minimum Lot Frontage
Nil
Nil (where no buildings
are constructed); or
30m (where buildings are
constructed)
Minimum Setbacks (main building)
Nil
30m
Maximum Lot Coverage
Nil
10%
Maximum Building Height
Nil
10m
Other Provisions
No buildings or structures shall be
erected in this zone whether or not
13.0 ENVIRONMENTAL PROTECTION ZONES
128 | Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014
Requirement
All uses in HL Zones
All Uses in EP Zones
they are accessory to a permitted
use, other than docks or structures
for flood, erosion or siltation
control.
13.3 HAZARD LANDS ZONES (HL): EXCEPTIONS
1.0 Existing Buildings
For the purpose of this Section, "minor" shall mean that the total additional gross
floor area of any new construction shall be less than 50% of the gross floor area of the
ground floor of any existing construction.
Notwithstanding the requirements of Sections 6.28 and 6.29, the following
requirements shall apply to additions and alterations to or the replacement of existing
buildings or structures within the HL Zone:
a)
Minor additions to existing buildings or structures shall be permitted,
provided that:
i)
Flood proofing measures satisfactory to the Ministry of Natural
Resources are incorporated.
b)
The replacement or reconstruction of existing buildings or structures
shall be permitted, provided that:
i)
Flood proofing measures satisfactory to the Ministry of Natural
Resources are incorporated
ii)
The gross floor area of the ground floor of the new building or
structure does not exceed the gross floor area of the ground
floor of the original building or structure
2.0 Parts 2, 3, and 4, Plans 53R-7989 and 8356
The above mentioned existing lots of record may be developed for incidental
purposes on an infilling basis provided that adequate flood proofing measures are
approved in relation to the flood elevation for this area by the Township of Chapleau
and the Ministry of Natural Resources.
3.0 Bus Depot and Public Garage - (HL-1)
Notwithstanding the CC provisions of Sections 8.1 and 8.4.1, the following additional
requirements shall apply to the lands shown as HL-1 on Schedule "A." There shall
only be permitted the operation, repair and administration of school and charter bus
facilities in accordance with the following requirements:
a)
Landscaping:
13.0 ENVIRONMENTAL PROTECTION ZONES
Township of Chapleau Zoning By-law 2013-11 - OMB Approved September 9, 2014 | 129
i)
A 4.5m buffer strip shall be provided in accordance with the
requirements of Section 6.9 where any side or rear lot line
abuts a residential or rural zone.
ii)
A 4.5m buffer strip shall be provided adjacent to the street line
in the front yard
b)
Minimum elevation of openings: No openings to buildings shall be
permitted below the Canadian Geodetic Datum (CGD) Flood
Elevation
c)
Open storage: open storage of goods and materials shall not be
permitted
4.0 Lots 618 and 619, Plan 3-S - (HL-2)
Notwithstanding the provisions of Sections 8.1 and 8.4.1, the following additional
requirements shall apply to the lands shown as HL-2 on Schedule "A":
a)
Permitted uses:
i)
Residential uses subject to the requirements of the R2 Zone,
provided that flood proofing measures satisfactory to the
Ministry of Natural Resources are incorporated.
b)
Minimum Yard Requirements:
i)
Rear Yard: 0m
13.4 ENVIRONENTAL PROTECTION ZONES (EP):
EXCEPTIONS