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THE CORPORATION OF THE
TOWN OF COBALT
Office Consolidated
BY-LAW NO. 2022-24
Being a By-Law to Regulate the Use of Land and Erection of
Buildings and Structures within the Town of Cobalt
(Zoning By-Law)
By-Laws amending original Municipal By-Law No. 2022-24
By-Law 2024-13
April 2, 2024
4.5.3 Rezoning Argentite Street
(Train Station) from M1 to C1-1
By-Law 2024-39
October 13, 2024
4.10.3 Site Specific Exception
for 1 Hudson Bay Road
By-Law 2025-13
April 29, 2025
4.10.3 Site Specific Exception
for 34 Cobalt Street
ZONING BY-LAW
Zoning By-Law No. 2022-24
Adopted September 20, 2022
. TABLE OF CONTENTS
SECTION 1
ADMINISTRATION ............................................................................... 1
1.1
TITLE ........................................................................................................................................... 1
1.2
AREA AFFECTED BY THIS BY-LAW ................................................................................................ 1
1.3
BUILDING PERMITS ..................................................................................................................... 1
1.4
ENFORCEMENT ........................................................................................................................... 1
1.5
SEVERABILITY PROVISION ........................................................................................................... 2
1.6
REPEAL OF EXISTING BY-LAWS .................................................................................................... 2
1.7
EFFECTIVE DATE .......................................................................................................................... 2
1.8
USE OF LAND .............................................................................................................................. 2
SECTION 2
ESTABLISHMENT OF ZONES ................................................................. 3
2.1
ZONES ......................................................................................................................................... 3
2.2
ZONE SCHEDULE ......................................................................................................................... 3
2.3
SPECIAL ZONES ........................................................................................................................... 3
2.4
DETERMINING ZONE BOUNDARIES ............................................................................................. 4
2.5
COMPLIANCE WITH ZONING BY-LAW ......................................................................................... 4
2.6
HOLDING PROVISIONS ................................................................................................................ 5
SECTION 3
GENERAL PROVISIONS ........................................................................ 6
3.1
APPLICATION .............................................................................................................................. 6
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES ....................................................................... 6
3.3
ACCESS ON IMPROVED PUBLIC STREET ......................................................................................11
3.4
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE ..................................................................12
3.5
SPECIAL NEEDS HOUSING ..........................................................................................................12
3.6
HOME OCCUPATION ..................................................................................................................12
3.7
HOME INDUSTRY .......................................................................................................................13
3.8
LOADING SPACE REQUIREMENTS ..............................................................................................13
3.9
MULTIPLE ZONES ON ONE LOT ..................................................................................................15
3.10
NON-CONFORMING USES ..........................................................................................................15
3.11
NON-COMPLYING LOTS, BUILDINGS, STRUCTURES AND USES ...................................................16
3.12
NOXIOUS TRADE ........................................................................................................................17
3.13
PARKING AREA REGULATIONS ...................................................................................................17
3.14
PEAT EXTRACTION, PITS AND QUARRIES ...................................................................................21
3.15
PLANTING STRIPS ......................................................................................................................21
3.16
PUBLIC USES ..............................................................................................................................22
3.17
REDUCTION OF REQUIREMENTS ................................................................................................23
3.18
RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL BUILDINGS .....................................23
3.19
SERVICES REQUIRED ..................................................................................................................24
3.20
SIGHT TRIANGLES ......................................................................................................................24
3.21
SIGNS .........................................................................................................................................24
3.22
SPECIAL SETBACKS .....................................................................................................................24
3.23
TEMPORARY USES PERMITTED ..................................................................................................25
3.24
THROUGH LOTS .........................................................................................................................25
3.25
TRAVEL TRAILERS, MOBILE HOMES AND CAMPERS ...................................................................25
3.26
WATERSHED PROTECTION ZONE ...............................................................................................26
SECTION 4
ZONE PROVISIONS ............................................................................ 27
4.1
RESIDENTIAL TYPE ONE (R1) ZONE .............................................................................................27
4.2
RESIDENTIAL TYPE TWO (R2) ZONE ............................................................................................29
4.3
RESIDENTIAL TYPE THree (R3) ZONE ..........................................................................................31
4.4
RURAL (RU) ZONE ......................................................................................................................33
4.5
DOWNTOWN COMMERCIAL (C1) ZONE .....................................................................................34
4.6
HIGHWAY COMMERCIAL (C2) ZONE ..........................................................................................36
4.7
LIGHT INDUSTRIAL (M1) ZONE ...................................................................................................38
4.8
HEAVY INDUSTRIAL (M2) ZONE .................................................................................................40
4.9
EXTRACTIVE INDUSTRIAL (M3) ZONE .........................................................................................42
4.10
INSTITUTIONAL (I) ZONE ............................................................................................................43
4.11
OPEN SPACE (OS) ZONE .............................................................................................................44
4.12
ENVIRONMENTAL PROTECTION (EP) ZONE ................................................................................46
4.13
HAZARD (HZ) ZONE ....................................................................................................................47
4.14
HOLDING PROVISIONS ...............................................................................................................48
4.15
TEMPORARY USES .....................................................................................................................49
SECTION 5
DEFINITIONS ..................................................................................... 50
SECTION 6
ENACTMENT ..................................................................................... 78
6.1
FORCE AND EFFECT ....................................................................................................................78
6.2
READINGS BY COUNCIL ..............................................................................................................78
6.3
CERTIFICATION ..........................................................................................................................78
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SECTION 1
ADMINISTRATION
1.1
TITLE
This By-law may be referred to as "The Zoning By-law of the Town of Cobalt."
1.2
AREA AFFECTED BY THIS BY-LAW
This By-law applies to all lands, islands and lands under water within the Town
of Cobalt.
1.3
BUILDING PERMITS
The requirements of this By-law must be met before a Building Permit is issued
for the erection, additions to or alteration of any building or structure.
1.4
ENFORCEMENT
Any person convicted of a violation of this By-law is liable on first conviction to
a fine of not more than $25,000. and 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 in accordance with Section 67 of The Planning Act RSO
1990c.13.
Any Corporation convicted of violation of this By-law is liable on first conviction
to a fine of not more than $50,000. and 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
person was first convicted in accordance with Section 67 of The
Planning Act RSO 1990c.13.
In case any buildings or structures or any part thereof is to be erected, altered,
reconstructed or extended, or any lot is being used or is to be used, in
contravention of any requirement of this By-law, such contravention
may be restrained by action at the instance of any rate-payer or of the
Municipality pursuant to the provisions of The Planning Act, RSO 1990
C.13 as amendment and/or the Municipal Act SO, 2001 C.25 as
amended and/or any other legislation applicable.
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1.5
SEVERABILITY PROVISION
A decision of a Court that one or more of the provisions of this By-law are invalid
in whole or in part does not affect the validity, effectiveness, or enforceability of
the other provisions or parts of the provisions of this By-law.
1.6
REPEAL OF EXISTING BY-LAWS
Upon this By-law coming into force and effect, By-law No. 2006-13 of the Town
of Cobalt and all amendments thereto are hereby repealed.
1.7
EFFECTIVE DATE
This By-law shall come into force the day that it was passed where there are no
appeals filed or where appeals are filed, where all of the appeals are
finally disposed of by the Ontario Municipal Board.
1.8
USE OF LAND
No lands within the area covered by this By-law shall be used for any purpose
unless as otherwise permitted by this By-law.
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SECTION 2
ESTABLISHMENT OF ZONES
2.1
ZONES
For the purposes of this By-law, the following Zones are established and they
may be referred to by the name or by the symbol set opposite the name
of the zone below:
R1
-
Residential Type One
R2
-
Residential Type Two
R3
-
Residential Type Three
RU
-
Rural
C1
-
Downtown Commercial
C2
-
Highway Commercial
M1
-
Light Industrial
M2
-
Heavy Industrial
M3
-
Extractive Industrial
I
-
Institutional
OS
-
Open Space
EP
-
Environmental Protection
HZ
-
Hazard
2.2
ZONE SCHEDULE
The Zones and zone boundaries are shown on the attached Schedule 'A', which
forms part of this By-law. Schedule 'A' is comprised of a series of Maps.
2.3
SPECIAL ZONES
Where a Zone Symbol is followed by a dash and a number, (for example RM-1)
there are special provisions that apply to the Zone. These special
provisions are contained in the section of the by-law that applies to the
primary zone.
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2.4
DETERMINING ZONE BOUNDARIES
i)
A zone boundary shown approximately at a lot line, street or lane is
considered to be at the boundary of the lot line, street or lane.
ii)
A zone boundary shown approximately in the centre line of a street or
lane is considered to be the centre line of the street or lane.
iii)
Unless the location of a zone boundary is specified by dimensions on the
zoning map, a zone boundary which lies within a lot shall be fixed by the
scale of the Schedule upon which it is shown.
iv)
A zone boundary shown following approximately a shoreline or the
centre line of a creek, stream or channel is considered to be the
shoreline or centre line and moves with any natural change in the
shoreline.
v)
Where lands have not been identified as being in a zone on the
Schedules, they shall be deemed to be in the Open Space (OS) Zone.
vi)
All lands below the surface of a waterbody or watercourse as of the date
this By-law came into effect shall be deemed to be in the Open Space
(OS) Zone.
2.5
COMPLIANCE WITH ZONING BY-LAW
No person shall change the use of any building, structure or land or erect or use
any building or structure or occupy any land or building except in
accordance with the provisions of this By-law.
Any use not specifically permitted by this By-law shall not be permitted in the
Town of Cobalt.
In addition no person shall use any land or locate any building or structure such
that the uses, buildings or structures on other lands would no longer
comply with the provisions of this By-law.
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2.6
HOLDING PROVISIONS
Where a zone symbol is followed by a dash and the letter "H" (for example: M-
H), the lands shall only be used for existing uses and the expansion of
those uses as of the date of adoption of this By-law.
Council may pass a By-law pursuant to Section 36 of the Planning Act to remove
the Holding (H) Symbol, thereby placing the lands in the zone indicated
by the Zone Symbol when all of the applicable following requirements
have been met:
i)
the appropriate sanitary services have been approved to service the
land;
ii)
all conditions of consent or subdivision have been fulfilled;
iii)
a site plan agreement has been registered on the title of the lands; and
iv)
the required permits from all other approval agencies have been issued.
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SECTION 3
GENERAL PROVISIONS
3.1
APPLICATION
The provisions of this section of the By-law shall apply to all lands within the
Town of Cobalt unless otherwise specified.
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
3.2.1
Permitted Uses
Where this By-law provides that a lot may be used or a building or structure may
be erected or used for a purpose, that purpose shall include any
accessory building or structure or accessory use, provided the principle
building, structure or use is already in existence on the lot, but shall not
include the following:
i)
any occupation for gain or profit conducted within or accessory to a
dwelling unit or on such lot associated therewith, except as is specifically
permitted in accordance with this By-law; or
ii)
any building used for human habitation or an occupation for gain, unless
specifically permitted by this By-law.
Legal non-conforming uses shall be permitted to have accessory uses, buildings
and structures in accordance with the provisions in this Section of the
By-law and the Provisions of the applicable zone.
3.2.2
Setback Requirements
Except as otherwise provided herein, in all Zones any accessory building or
structure, which is detached from the principle building, shall be
erected in compliance with the yard and setback requirements of the
Zone in which such building is located, but shall not be closer to the
front lot line or exterior side lot line than the principle building on the
lot except where the lot abuts a waterway.
3.2.3
Lot Coverage and Height
Accessory buildings, structures and uses are permitted in all zones subject to the
following provisions:
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i)
The total lot coverage of all accessory buildings and structures on an
individual lot may not exceed 75 percent of the gross floor area of the
principle use unless specifically permitted by this By-law.
ii)
Within a Commercial or Industrial Zone, there may be a number of
principle buildings. The total lot coverage of all accessory buildings or
structures not used in the principle operation of the site shall not exceed
15 percent of the lot area and accessory buildings shall have a minimum
size of 25 square metres.
iii)
The maximum height of an accessory building shall not exceed 5.0
metres
iv)
Notwithstanding the provisions of this By-law to the contrary, the height
of an accessory building shall be measured from the average natural or
finished grade and the highest part of the building.
v)
No object such as a trailer, storage container or ship container shall be
used as an accessory building or structure in any Residential zone or the
Downtown Commercial (C1) zone.
3.2.4
Permitted Encroachments
Accessory buildings and structures and ornamental features for main buildings
and structures may only encroach into the required yard in a zone as
outlined in Table 3.1. Where a required yard, structure or feature is
not referred to on Table 3.1, the minimum required yard in the
applicable zone shall be provided.
For the purposes of this section, where the exterior side lot line of a lot abuts a
public lane, the side yard abutting that lot line shall be deemed an
interior side yard for the purposes of determining compliance with this
Section.
Table 3.1
Permitted Structure or
Feature
Applicable Required Yard(s)
Required Setback or
Permitted Encroachment
STRUCTURAL AND ORNAMENTAL FEATURES:
Bay windows
Front, Rear and Corner Side
Yards
Court
May encroach 0.6 m into
the required yard or
required court for a
maximum width of 3.0 m.
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Permitted Structure or
Feature
Applicable Required Yard(s)
Required Setback or
Permitted Encroachment
Canopies/Porticos
All yards
Court
May encroach 1.2 m into
the required front, rear
and exterior side yards.
May encroach 0.6 m into
the required interior side
yard or required court.
Balconies/Fire Escapes
Front, Rear and Corner Side
Yards only in Residential
Zones
All yards in all other zones
Court
May encroach 1.8 m into
the required yard or
required court.
Steps in Residential (R) Zones
providing access to either a
basement or the ground floor
of a dwelling
All yards
Court
No closer than 0.6 m to
the applicable lot line or
building wall
Uncovered Decks
(0.3 to 1.2 m in height above
finished grade)
Interior, Front and Corner
Side Yards
May encroach 1.2 m into
the required yard but no
closer than 1.2 m to the
interior side lot line. The
setback shall not apply
where a side lot line
extends from a common
wall dividing attached
dwelling units.
Rear Yard
No closer than 1.2 m to
the rear lot line.
Uncovered Decks
(greater than 1.2 m in height
above finished grade)
Interior Side Yard
May encroach 1.2 m into
the required yard but no
closer than 1.2 m to the
interior side lot line. The
setback shall not apply
where a side lot line
extends from a common
wall dividing attached
dwelling units.
Front and Corner Side Yard
No encroachment.
Rear Yard
May encroach 3.6 m into
the required rear yard but
not closer than 3.0 m to
the rear lot line.
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Permitted Structure or
Feature
Applicable Required Yard(s)
Required Setback or
Permitted Encroachment
Open roofed porches
Front, Rear and Corner Side
Yards
Court
May encroach 2.4 m into
the required yard or
required court.
Sills, cornices, parapets,
pilasters, or other similar
ornamental structures
Any yard
Court
May encroach 0.6 m into
the required yard or
required court.
Eaves
Front, Rear and Corner Side
Yards
May encroach 1.2 m into
the required yard but not
closer than 0.6 m to the lot
line.
Interior Side Yard
May encroach 0.6 m into
the required yard but not
closer than 0.6 m to the lot
line.
Chimneys
Any yard
Court
May encroach 0.6 m into
the required yard or
required court.
Functional and ornamental
roofless structures including
but not limited to drop
awnings, clothes poles, flag
poles, lighting fixtures, mail
boxes, fountains, statues,
monuments, benches,
cenotaphs, memorials,
planters, garden trellises,
patios, walkways, retaining
walls less than 1.0 m in
height, fences or other similar
accessory structures
Any required yard or court.
Permitted
Fences
As permitted in the
Municipal Fence By-law
Ramps and Accessible
Accesses
Any required court or yard
Permitted
3.2.5
Accessory Dwelling Units
For any zone that permits a single unit dwelling, semi-detached dwelling, or
townhome dwelling, the following additional dwelling units shall be permitted:
i)
Two dwelling units in a single unit dwelling, semi-detached dwelling unit,
or townhome dwelling unit.
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ii)
One dwelling unit in an accessory building which is accessory to a single
unit dwelling, semi-detached dwelling unit, or townhome dwelling unit.
iii)
Where a single unit dwelling, semi-detached dwelling, or townhome
dwelling is not a permitted use in a zoning, additional dwelling units shall
only be permitted within the existing buildings on the lot.
iv)
Where two dwelling units are located in a main building of a single unit
dwelling, semi-detached dwelling unit, or townhome dwelling unit and
one dwelling unit is located in an accessory building, an additional
dwelling unit in any building is prohibited.
v)
Accessory dwellings shall be not larger than 80 per cent of the gross floor
area of the principle dwelling on the property.
3.2.6
Garages or Other Accessory Buildings or Structures
Notwithstanding the yard and setback provisions of this By-law to the contrary,
a detached private garage or other accessory building or structure may
be erected and used in an interior side or rear yard, provided that the
following requirements are met.
i)
Interior Side Yard
Where such accessory building or structure is located in an interior side
yard, it shall not be closer than 1.0 metres to the interior side lot line.
ii)
Rear Yard
Where such accessory building or structure is located in a rear yard, it
shall not be closer than 1.5 metres to the rear lot line.
iii)
Distance from Main Building
Where such accessory building or structure is located in a side or rear
yard, it shall not be closer than 2 metres from the main building.
Buildings covered with cloth, plastic or similar flexible materials shall be required
to meet the same requirements as permanent buildings and structures
except one such building may be located in the front yard from October
1 to May 1 as a temporary garage.
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3.2.7
Gate House in Industrial Zone
Notwithstanding the yard and setback provisions of this By-law, to the contrary,
in an Industrial Zone, a gate house not exceeding 9.0 square metres shall be
permitted in a required front or side yard or in the area between the street line
and the required yard.
3.2.8
Ornamental Structures and Windows
Notwithstanding the yard and setback provisions of this By-law to the contrary,
sills, chimneys, cornices, eaves, gutters, parapets, pilasters, windows or
other ornamental structures may project into any required yard a
maximum distance of 0.6 metres.
3.2.9
Drive-Through Service Facilities
A drive-through service facility shall be permitted as an accessory use to a
permitted restaurant, financial institution, retail store, automotive
service station, gas bar and automated car wash use, subject to:
i)
One drive-through service facility accessory to restaurants, financial
institutions, retail stores and automated car washes may be located on
a lot. Drive-through service facilities accessory to gas bars or service
stations shall not be included in the calculation of the maximum number
of drive-through service facilities permitted on a lot.
ii)
The requirements of Section 3.15.8 of this By-law shall be satisfied.
3.3
ACCESS ON IMPROVED PUBLIC STREET
3.3.1
Improved Public Road
No person shall erect any building or structure in any Zone after the date of
passing of this By-law, unless the lot upon which such building or
structure is to be erected has frontage upon an improved public road,
and such building or structure complies with the setback provisions of
this By-law.
The above provisions shall not apply to prevent the erection of a permitted
building or structure on an existing lot where a properly executed
Agreement has been entered into with the Town, notwithstanding that
the street or streets will not be assumed by the Town until the end of
the maintenance period, nor shall it apply to prevent the enlargement,
extension, renovation, reconstruction or other structural alteration of
an existing building or structure, which is located on a lot which does
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not have frontage upon an improved public road, provided the use of
such building or structure does not change and is permissible within
the Zone in which it is located.
3.4
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE
Notwithstanding any other provisions of this By-law to the contrary, where a
dwelling is to be erected in a Residential Zone, between existing dwellings on
the same street or shoreline, such dwelling may be built with a front yard and
setback equal to the average yard of the adjacent dwellings on the same side of
the street within 100 metres of the lot.
3.5
SPECIAL NEEDS HOUSING
Group Homes or Shelters or any other Special Needs housing shall be permitted
in any zone
3.6
HOME OCCUPATION
Where a home occupation is permitted the following provisions shall apply:
i)
Not more than one person, other than a person living on the premises,
shall be engaged in the occupation of the canvassing, delivering or
distributing merchandise to customers.
ii)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 0.5 square metres, and located inside the
dwelling to indicate to persons outside that any part of the dwelling or
dwelling unit is being used for a purpose other than residential.
iii)
There shall be no goods, wares, or merchandise offered for sale or rent
on the premises other than what is produced on the premises.
iv)
There shall be no outside storage of goods, materials, containers or
animal enclosures used in conjunction with the home occupation.
v)
Not more than 25 percent of the gross floor area not including the
basement of the dwelling or dwelling unit shall be used for the purposes
of the home occupation, and such home occupation shall be conducted
entirely within the detached dwelling or dwelling unit.
vi)
There shall be no mechanical or other equipment used except that
which is customarily used in a dwelling or dwelling unit for domestic or
household purposes or for use by a hairdresser or barber, dentist,
drugless practitioner, physician, or other professional person.
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vii)
A home occupation shall not include a boarding or lodging house, an
eating establishment, or a facility offering accommodation or meals
other than a Bed and Breakfast establishment.
viii)
A home occupation shall be secondary to the principle residence and
shall not change the residential character of the lot.
ix)
One Home Occupation only shall be permitted in conjunction with a
single detached dwelling.
3.7
HOME INDUSTRY
Where a home industry is permitted as an accessory use to a single detached
dwelling in any zone the following provisions shall apply:
i)
A maximum of two (2) persons other than an occupant of the dwelling
may be engaged in the home industry at any time.
ii)
Such home industry may be located in part of a dwelling or in any
accessory building located on a lot on which a dwelling is in existence,
provided the total gross floor area utilized by the home industry does
not exceed a maximum of 100 square metres.
iii)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 1.0 square metres, to indicate to persons that
any part of the dwelling or dwelling unit is being used for a purpose
other than residential.
iv)
There shall be no outside storage of goods, materials or articles in the
front or side yard. Any materials or equipment used in the home
industry shall be parked in the rear yard and shall be covered at all times.
v)
Only currently licensed motor vehicles, associated with the home
industry may be parked or stored on the lot within an interior side or
rear yard.
3.8
LOADING SPACE REQUIREMENTS
3.8.1
Loading Space
Loading spaces are required under this By-law, in accordance with the Loading
Space Requirement Table set forth herein, and the owner of every building or
structure erected for any purpose involving the receiving, shipping, loading or
unloading of persons, animals, goods, wares, merchandise or raw materials shall
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provide and maintain loading and unloading spaces on the lot accordingly. For
the purposes of this By-law, each loading or unloading space shall be 15 metres
in length, 3.5 metres in width and have a vertical clearance of at least 4 .3
metres.
3.8.2
Loading Space Requirement Table
Gross Floor Area of Building
Loading Spaces Required
Less than 300 square metres
None
300 square metres to 2300 square
metres or less
1 space
Exceeding 2300 square metres
2 spaces
3.8.3
Access
Access to loading spaces shall be by means of a driveway of at least 3.5 metres
in width contained on the lot on which the spaces are located and leading to an
improved public road.
3.8.4
Loading Space Surface
Driveways, loading spaces, and related aisles and turning areas shall be
maintained with a stable surface that is treated to prevent the raising of dust.
Such loading facilities shall, before being used, be surfaced with asphalt,
concrete or brick and shall include provisions for drainage facilities. In Industrial
Zones, a crushed stone or gravel surface shall be permitted except where such a
use is abutting a Residential Zone or in a front yard.
3.8.5
Location
The loading spaces required shall be located in the interior side or rear yard
unless such space or spaces are removed from the street line a minimum
distance of 15 metres.
3.8.6
Additions to or Change in Use of Existing Buildings
The loading space requirements referred to herein shall not apply to any building
in existence at the date of passing of this By-law so long as the gross floor area,
as it existed at such date, is not increased by more than 300 square metres. If
an addition is made to the building or structure which increases the gross floor
area, then additional loading spaces shall be provided as required by this
Section, in accordance with the provisions of the loading Space Requirement
Table for such addition.
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3.9
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one Zone under the provisions of this By-
law, each such portion of this said lot shall be used in accordance with the Zone
provisions of this By-law for the applicable Zone as if it were a separate lot.
3.10
NON-CONFORMING USES
3.10.1
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any existing
lot, building or structure for any purpose prohibited by this By-law if such
existing lot, building or structure was lawfully used for such purposes, prior to
the effective date of this By-law and provided that the lot, building or structure
continues to be used for that purpose. Where the use ceases to exist for a period
of two years, the use will be deemed to have been discontinued.
3.10.2
Permitted Exterior Extension, Alteration and Reconstruction
The exterior of any building or structure which was lawfully used prior to the
effective date of this By-law for a purpose not permissible within the Zone in
which it is located, prior to the effective date of this By-law, shall not be
enlarged, extended more than 0.2 metres, reconstructed or otherwise
structurally altered, unless such building or structure is thereafter to be used for
a purpose permitted within such Zone.
3.10.3
Permitted Interior Alteration
The interior of any building or structure which was lawfully used for a purpose
not permissible within the Zone in which it is located prior to the effective date
of this By-law, may be reconstructed or structurally altered, in order to render
the same more convenient for the existing purpose for which such building or
structure was lawfully used.
3.10.4
Restoration To A Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any existing, legal non-conforming building or structure or part
thereof, provided that the strengthening or restoration does not increase the
building height, size or volume or change the existing, lawful use of such existing
building or structure unless these changes are necessary to provide for
floodproofing of the building.
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3.10.5
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use, for a
purpose prohibited by this By-law, of any building or structure, the plans for
which have, prior to the date of passing of this By-law, been approved by the
Chief Building Official, so long as the building or structure, when erected, is used
and continues to be used for the purpose for which it was erected.
3.11
NON-COMPLYING LOTS, BUILDINGS, STRUCTURES AND USES
3.11.1
Permitted Buildings or Structures
Where a building or structure is located on a lot having less than the minimum
frontage and/or lot area, and/or having less than the minimum setback and/or
side yard and/or rear yard required by this By-law, the said building or structure
may be enlarged, reconstructed, repaired and/or renovated provided that:
i)
the enlargement, reconstruction, repair and/or renovation does not
further reduce a front yard, and/or side yard and/or rear yard and/or
lot coverage less than the minimum required by this By-law;
ii)
the building or structure is being used for a purpose permissible within
the Zone in which it is located; and,
iii)
all other applicable Zone Provisions of this By-law are complied with.
iv)
any building or structure that legally existed as of the date of passing of
this By-law that encroached on any required yard or setback a distance
of 0.1 m or less or exceeds maximum lot coverage by 1.0 per cent or less
shall be deemed to comply with the requirements of this By-law.
3.11.2
Reconstruction of Existing Building
Nothing in this By-law shall apply to prevent the reconstruction of any permitted
building which is accidentally damaged or destroyed by causes beyond
the control of the owner. Such permitted building may be
reconstructed in accordance with the previously existing standards,
even if such did not conform with one or more of the provisions of this
By-law, but the non-compliance may not be further increased provided
that the reconstruction occurs within 12 months of the damage being
done.
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3.11.3
Existing Undersized Lots of Record
Where a lot, having a lesser lot area and/or lot frontage than required herein,
existed on the date of passing of this By-law, or where such a lot is
created by a public authority such smaller lot may be used and a
permitted building or structure, may be erected, altered and/or used
on such smaller lot provided that all other applicable Zone Provisions
of this By-law are complied with.
Lots which have been increased in size following passing of this By-law may also
be used in accordance with this provision.
3.12
NOXIOUS TRADE
Except as may otherwise be specifically permitted under this By-law, no use shall
be permitted which, from its nature or the materials used therein, is
defined as a noxious trade, business or manufacture under The Health
Protection and Promotion Act, as amended, and the Regulations
promulgated thereunder.
3.13
PARKING AREA REGULATIONS
3.13.1
Parking Space Requirements
The owner of land or of every building or structure erected or used for any of
the purposes hereinafter set forth shall provide and maintain parking
spaces for the sole use of the owner, occupant, or other persons
entering upon or making use of the said premises, from time to time.
Parking spaces are required under this By-law, in accordance with the Parking
Space Requirement Table. Where the calculation of required spaces
exceeds a whole space of more than .25, the required spaces shall be
the next whole number.
3.13.2
Parking Area Surface
Non-Residential parking spaces, or multiple unit residential parking areas and
driveways connecting the parking spaces or area with a street shall be
maintained with a stable surface that is treated so as to prevent the
raising of dust. Such parking spaces or areas shall, before being used,
be constructed of asphalt or concrete or similar material and shall
include provisions for drainage facilities. In Commercial zones parking
spaces for more than four vehicles shall be maintained with a concrete,
asphalt or brick.
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Residential parking servicing 4 or fewer dwelling units can include crushed stone
or gravel.
3.13.3
Ingress and Egress Provisions
i)
Ingress and egress to and from the required parking spaces and areas
shall be provided by means of unobstructed driveways or passageways
of at least 3 metres in width but not more than 9 metres in perpendicular
width.
ii)
The maximum width of any joint ingress and egress driveway ramp
measured along the street line shall be 9 metres.
iii)
The minimum distance between any two driveways on one lot or
between a driveway and an intersection of street lines measured along
the street line intersected by such driveway shall be 7.5 metres.
iv)
The minimum angle of intersection between a driveway and a street line
shall be 60 degrees.
v)
Every lot shall be limited to the following number of driveways, namely:
(a)
up to the first 15 metres of lot frontage, not more than one
driveway;
(b)
greater than 15 metres of lot frontage but not more than 30
metres of frontage, not more than two driveways with a
combined width not exceeding 30 percent of the lot frontage;
and,
(c)
for each additional 30 metres of lot frontage, not more than one
additional driveway.
vi)
Parking spaces shall have a minimum width of 3.0 metres and have a
minimum area of 18.5 square metres. The length of any parking space
and the width of the adjacent aisle shall be in accordance with the
following:
Angle of Parking Space
Perpendicular with aisle
Minimum Length of
parking space
Minimum width of aisle
60 degrees to 90
degrees
6.2 metres
6.9 metres
45 degrees to 59
degrees
6.2 metres
5.2 metres
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30 degrees to 44
degrees
6.2 metres
3.7 metres
0 degrees to 29 degrees
6.2 metres
3.0 metres
3.13.4
More Than One Use on a Lot
When a building or structure accommodates more than one type of use, the
parking space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate
types of use.
3.13.5
Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law to the contrary,
uncovered surface parking areas shall be permitted in the required
yards or in the area between the street line and the required setback
except that, where a Commercial Zone abuts a Residential Zone,
parking shall not be located in the required yard between the two
zones.
Within a Residential Zone, in the front yard or exterior side yard, the maximum
width of a driveway or parking area shall be 7.0 metres.
3.13.6
Additions To, or Changes In, The Use of Existing Buildings and Structures
The parking space requirements referred to herein shall not apply to any building
or structure lawfully in existence on the date of passage of this By-law,
so long as the gross floor area is not increased and the use or number
of dwelling units does not change. If any addition is made to a building
or structure which increases its gross floor area, then parking spaces
for the addition shall be provided as required by the Parking Space
Requirement Table. Where a change in use occurs, parking spaces shall
be provided for such new use in accordance with the requirements of
the Parking Space Requirement Table.
3.13.7
Use of Parking Spaces and Areas
Parking spaces and areas required in accordance with this By-law shall be used
for the parking of operative, currently licensed vehicles only and for
vehicles used in an operation incidental to the permitted uses in
respect of which such parking spaces and areas are required or
permitted.
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Notwithstanding the foregoing, the owner or occupant of any lot, building or
structure in the Residential (R1) Zone may use the lot building or
structure for the parking, storing or housing of one commercial motor
vehicle or trailer provided that such vehicle does not exceed a 1000 kg
capacity.
3.13.8
Parking in the Downtown Commercial Zone
Within the Downtown Commercial (C1) Zone shown on Schedule A, the required
parking spaces may be provided on another lot within 200 metres of
the boundary of the lot for which parking is required provided that
there is a legal agreement between the owners of said lands providing
the parking, the owner of the use requiring the parking and the Town
of Cobalt that ensures that the parking will continue to be available as
long as the use is in operation.
Within the Downtown Commercial (C1) Zone parking spaces shall only be
required for commercial uses where those uses exceed 900 square
metres in gross leaseable area.
PARKING SPACE REQUIREMENT TABLE
TYPE OF NATURE OF USE
MINIMUM OFF-STREET PARKING
REQUIREMENTS
Assembly
Hall,
Auditorium,
Arena,
Community Centre, Place of Worship,
Private Club, Theater, Farmers Market,
Eating
Establishment
or
Tavern
or
establishment licensed under the Liquor
License Act or other similar places of
assembly not otherwise specified herein.
1 parking space for each four persons
that may be legally accommodated at
any one time, or each 9.0 square
metres, whichever is greater.
Eating Establishment, Drive-In
1 parking space for each 20 square
metres or fraction thereof of gross floor
area.
Home for the Aged, Nursing Home,
Seniors Apartments
1 parking space for each four beds or
fraction thereof plus one space per two
staff persons
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PARKING SPACE REQUIREMENT TABLE
TYPE OF NATURE OF USE
MINIMUM OFF-STREET PARKING
REQUIREMENTS
Hotel, Motel, Resort, Cottage or Cabin
Establishment, Tourist Establishment or
Camping Establishment
1 parking space for each guest room,
cottage, cabin or camp site plus one
space for each 9.0 sq. m. devoted to a
public use.
Retail Store
1/20 m2 net floor area
Schools
Elementary - 2/classroom
Secondary - 6.5/classroom
Post Secondary - 1/100 m2 net floor
area
Residential
1 parking space per dwelling unit.
Group Homes and Special Needs Housing
1 per required caregiver
Lots with four (4) or more dwelling units
1.25 spaces per dwelling unit
Uses Permitted by this By-law other than
those listed in this Table
1 parking space per 35 square metres of
gross floor area.
3.14
PEAT EXTRACTION, PITS AND QUARRIES
The extraction of peat, establishment or operation of pits or quarries is
prohibited within the area covered by this By-law, except in the locations
permitted by this By-law, and in accordance with the provisions of this By-law.
No person shall use land or erect any building or structure for the purpose of
processing, washing, screening, sorting or crushing rock, sand and/or gravel and
or peat except as expressly provided for in this By-law.
3.15
PLANTING STRIPS
3.15.1
Location
Where a lot in a Residential (R3), Institutional, Commercial or Industrial Zone
abuts an interior side or rear lot line of a lot in a Residential Zone, a planting strip
adjoining such abutting lot line, or portion thereof, shall be provided within the
Residential (R3), Institutional, Commercial, or Industrial Zone with a minimum
width of 3 metres.
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3.15.2
Contents
Such required planting strip shall be used for no other purposes than planting a
continuous, unpierced hedgerow of trees, evergreens or shrubs, or solid fencing
not less than 1.5 metres high, immediately adjacent to the lot line, or portion
thereof, where such planting strip is required. The remainder of the planting
strip shall be used for no other purpose than the planting of ornamental shrubs,
flowering shrubs, flower beds, grass or a combination thereof.
The planting strip shall not be required where the lands are bedrock with little
or no native soil.
3.15.3
Driveways and Walkways
In all cases where ingress and egress, driveways, launching ramps or walkways
extend through a required planting strip, it shall be permissible to interrupt the
planting strip within 3 metres of the edge of such driveway or within 1.5 metres
of the edge of such walkway.
3.15.4
Landscaped Open Space
A planting strip or buffer screen referred to in this Section may form a part of
any landscaped open space required by this By-law but shall not form
part of a required yard.
3.16
PUBLIC USES
3.16.1
Public Services
Except as provided in paragraph 3.16.2. hereof, the provisions of this By-law shall
not apply to prohibit the use of any lot or the erection or use of any
building or structure for the purposes of public uses provided by the
Town, or any Public Authority including any Department or Ministry of
the Government of Canada or Ontario or any Conservation Authority
established by the Government of Ontario and, for the purposes of this
Section, shall include Ontario Hydro, any telephone, telegraph or cable
TV company and any natural gas distribution system operated by a
Company distributing gas to the residents of the Town, which company
possesses all the necessary powers, rights, licenses and franchises.
3.16.2
Location Restrictions
Notwithstanding any other provision contained in this By-law to the contrary,
where a public use is specifically mentioned as a permitted use within
a specific Zone classification, then such public use shall only be
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permitted within that Zone or Zones and shall comply with the Zone
Provisions of the Zone or Zones in which the public use is permitted,
save and except that there shall be no minimum lot area or lot frontage
requirement. This provision shall not apply to Crown agencies.
3.16.3
Provisions
i)
No goods, materials or equipment shall be stored outside the building
or structure located on the lot, except as may otherwise be permitted
under this By-law;
ii)
The Zone provisions of the Zone in which the use is located shall be
complied with except as otherwise provided in this By-law;
iii)
No building or structure erected in accordance with the provisions of
this Section shall be used for the purposes of an office or maintenance
or works depot; and,
iv)
The building or structure shall be designed and maintained in general
harmony with the uses permitted within the respective Zone.
3.16.4
Streets and Service Installations
Nothing in this By-law shall prevent land from being used as a street or highway,
or prevent the installation of a watermain, sanitary sewer, storm sewer,
gas main, pipeline, overhead or underground hydro, communication
line or high voltage electrical facilities owned, operated and maintained
by Ontario Hydro or the Public Utilities Commission.
3.17
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any land, building or structure is
used or erect any building, or structure, or addition to any existing
building or structure, or reduce the area of any lot, if the effect of such
action is to cause the original adjoining, remaining or new building,
structure or lot to be in contravention with this By-law.
3.18
RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL BUILDINGS
Notwithstanding any other provision of this By-law, to the contrary, no dwelling
unit shall be located within a portion of a non-residential building which has
gasoline or other flammable fluids or hazardous materials stored in bulk for
commercial purposes or in conjunction therewith, and without limiting the
generality of the foregoing, a dwelling unit shall not be permitted within a
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building used for a motor vehicle service station, a motor vehicle repair garage,
a motor vehicle body shop or a marine service shop.
3.19
SERVICES REQUIRED
No person shall erect or use a building or structure for a residential use on any
lands except for lands in the Residential Type One (R1) or Residential
Multiple (RM) Zone unless municipal sewage disposal and water supply
services are available to the lot.
3.20
SIGHT TRIANGLES
On a corner lot fronting on two Town roads, within the triangular space formed
by the street lines and a line drawn from a point in one street line to a
point in the other street line, each such point being 9 metres measured
along the street line from the point of intersection of the street lines,
no motor vehicle, as defined in The Highway Traffic Act, shall be parked,
no building or structure which would obstruct the vision of drivers of
motor vehicles shall be erected, and no land shall be used for the
purposes of growing shrubs or trees in excess of 1.0 metres in height.
Such triangular space may hereinafter be referred to as a "sight
triangle". Where the two street lines do not intersect at a point, the
point of intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the intersection of
the tangents to the street lines.
Where the lands are located in the Downtown Commercial (C1) zone or abut
roadways where the posted speed limit is 40 KMPH or less, the site
triangle may be reduced to 6.0 metres.
3.21
SIGNS
Unless otherwise specified, the provisions of this By-law shall not apply to
prevent the erection, alteration or use of any sign provided such sign complies
with the By-laws of the Town.
3.22
SPECIAL SETBACKS
3.22.1
Railways
No building or structure used for human habitation shall be located closer than
30 metres to the limit of a railway right of way to the main line of the CPR
Railway.
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3.22.2
Street Centre Lines
Where a lot abuts a road allowance less than 20 metres in width, the minimum
setback from the street line shall be 10 metres from the centre line of
the street plus the required front yard or exterior side yard within the
zone.
3.22.3
Watercourses
Unless otherwise permitted by this By-law, no building or a leaching bed for a
sewage system shall be located within 30 metres of the normal or
controlled high water mark of any watercourse or lake. Unless
otherwise approved under the Building Code Act.
3.23
TEMPORARY USES PERMITTED
A tool shed, construction trailer, scaffold or other building or structure incidental
to construction is permitted in all Zones within the Town on the lot only
for so long as it is necessary for the work in progress and until the work
is completed or abandoned. For the purpose of this Section,
abandoned shall mean the discontinuation of work for more than 30
consecutive days and/or the failure to maintain a current building
permit.
3.24
THROUGH LOTS
Where a lot, which is not a corner lot, has lot frontage on more than one street,
the setback and front yard requirements contained herein shall apply
on each street in accordance with the provisions of the Zone or Zones
in which such lot is located.
3.25
TRAVEL TRAILERS, MOBILE HOMES AND CAMPERS
Parking and storage of boats, recreational vehicles, trailers and similar vehicles
shall only be permitted in the Residential zones subject to the following
provisions:
i)
Boats, recreational vehicles and trailers shall be stored in the rear or
interior side yard and must meet the setbacks required for an accessory
building.
ii)
A recreational vehicle or trailer may be used for human habitation for no
more than 30 days in any calendar year on a vacant lot.
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iii)
In all other zones a recreational vehicle or trailer may be used for human
habitation for no more than 30 days in any calendar year if there is an
existing principal dwelling.
Mobile homes may be used as dwelling units only in a zone which permits mobile
homes provided they have been constructed to CSA Standard Z240, Z241 or the
equivalent and are located on permanent foundations with the running gear and
towing equipment removed.
3.26
WATERSHED PROTECTION ZONE
Lands shown as the Watershed Protection Zone on Schedule A shall not be used
for any purpose that purpose that generates any effluent, including sewage
effluent or withdraws water from the ground or lake. Development on existing
lots of record may be permitted in accordance with the zone regulations that
apply to the lands only where the use is connected to full municipal services.
Within the Watershed Protection Zone there shall be not used for the storage or
handling of:
-
Commercial fertilizer
-
Pesticide
-
Road salt
-
Snow storage
-
Fuel
-
Dense non-aqueous phase liquid
-
Organic solvent
-
Livestock
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SECTION 4
ZONE PROVISIONS
4.1
RESIDENTIAL TYPE ONE (R1) ZONE
4.1.1
Permitted Uses
No person shall within a Residential Type One (R1) Zone, use any land or erect,
alter or use any building or structure except in accordance with the
following:
i)
single detached dwelling
ii)
accessory dwelling units
iii)
duplex dwelling
iv)
semi-detached dwelling
v)
bed and breakfast
vi)
home occupation
vii)
special needs facility
4.1.2
Regulations for Permitted Uses
i)
Minimum Lot Area
360 sq. m.
ii)
Minimum Lot Frontage
12.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
1.5 m.
b)
Interior Side Yard
1.5 m.
c)
Exterior Side Yard
4.0 m.
d)
Rear Yard
1.5 m.
iv)
maximum lot coverage
- all buildings
50%
- accessory buildings
10%.
v)
Minimum Landscaped Open Space
20%
vi)
Maximum Building Height
11.0 m
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4.1.3
Exceptions
4.1.3.1
Residential Type One - Mobile (R1-M) Zone
Notwithstanding the permitted uses in the Residential Type One (R1) to the
contrary, a mobile home and a mobile home park are permitted uses in the RM-
1 zone
In all other respects the provisions of the R1 zone shall apply.
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4.2
RESIDENTIAL TYPE TWO (R2) ZONE
4.2.1
Permitted Uses
No person shall within a Residential Type Two (R2) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
i)
accessory dwelling units
ii)
bed and breakfast
iii)
boarding house
iv
duplex dwelling
v)
home occupation
vi)
semi-detached dwelling
vii)
single detached dwelling
viii)
special needs facility
ix)
townhouse dwelling
4.2.2
Regulations for Permitted Uses
i)
Minimum Lot Area
a)
bed and breakfast, boarding house, duplex,
group home and single detached dwelling
465 sq. m.
b)
semi-detached and townhouse
200 sq. m.
ii)
Minimum Lot Frontage
a)
bed and breakfast, boarding house, duplex,
group home
15.0 m.
b)
single, detached dwelling semi-detached
and townhouse
9.0. m.
c)
townhouse
7.5 m.
iii)
Minimum Yard Requirements
a)
Front Yard
6.0 m.
b)
Interior Side Yard
- one storey
1.5 m.
- two storeys
3.0 m.
- semi-detached
nil with communal wall, 3.0 m.
on the other
- townhouse
5.0 m. on exterior wall only
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c)
Exterior Side Yard
5.0 m.
d)
Rear Yard
7.5 m.
iv)
maximum lot coverage
- all buildings 50%
- accessory buildings - 75% of principal building or maximum
10% lot coverage, whichever is greater.
v)
Minimum Landscaped Open Space
20%
4.2.3
Exceptions
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4.3
RESIDENTIAL TYPE THREE (R3) ZONE
No person shall within a Residential Type Three (R3) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.3.1
Permitted Uses
i)
accessory dwelling units
ii)
apartment building
iii)
bed and breakfast
iv)
boarding house
v)
duplex dwelling
vi)
home occupation
vii)
four-plex dwelling
viii)
retirement home
ix)
semi-detached dwelling
x)
single detached dwelling
xi)
special needs facility
xii)
townhouse dwelling
xiii)
triplex building
4.3.2
Regulations for Permitted Uses
Single detached dwellings, semi-detached, duplex dwellings, shall meet the
Regulations for permitted uses in the R2 Zone.
i)
Minimum Lot Area
- tri-plex or townhouse
200 sq. m. per unit
- apartment building
200 sq. m. per unit
plus 93.0 sq. m. per unit
units after 4 units
ii)
Minimum Lot Frontage
4.0 m. per unit
iii)
Minimum Yard Requirements
a)
Front Yard
7.5 m. plus 3.0 metres
for each storey above 3
b)
Interior Side Yard
- with common wall
nil
- without common wall
4.5 m. or half the building
height whichever is greater
c)
Exterior Side Yard
7.5 m.
d)
Rear Yard
10.5 m.
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iv)
Maximum Lot Coverage
60%
v)
Minimum Landscaped Open Space
20%
4.3.3
Exceptions
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4.4
RURAL (RU) ZONE
No person shall within a Rural (RU) Zone, use any land or erect, alter or use any
building or structure except in accordance with the following:
4.4.1
Permitted Uses
i)
home industry
ii)
home occupation
iii)
single detached dwelling
iv)
accessory dwelling unit
4.4.2
Zone Requirements
i)
Minimum Lot Area
1.0 hectares
ii)
Minimum Lot Frontage
60.0 metres
iii)
Minimum Yard Requirements
a)
Front Yard
15.0 m.
b)
Interior Side Yard
7.0 m.
c)
Exterior Side Yard
15.0 m.
d)
Rear Yard
15.0 m.
iv)
Maximum Lot Coverage
- on lots less than 1.0 ha
- 10%
- on lots greater than 1.0 ha
- 5%
v)
Minimum Landscaped Open Space
20%
vi)
Notwithstanding the General Provisions of the By-law to the contrary
accessory buildings shall not exceed 5% of the lot area of a maximum of
150 sq. m.
4.4.3
Exceptions
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4.5
DOWNTOWN COMMERCIAL (C1) ZONE
No person shall within a Downtown Commercial (C1) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.5.1
Permitted Uses
i)
apartment dwelling
ii)
assembly hall
iii)
banks or financial institutions
iv)
business, professional and administrative offices
v)
car wash
vi)
clinic
vii)
community centre
viii)
day nurseries
ix)
dwelling units within a commercial building
x)
dwelling units
xi)
funeral parlour
xii)
gas bar
xiii)
hotels and motels
xiv)
laundromat
xv)
movie theatre
xvi)
parking lot
xvii)
personal services establishment
xviii) place of amusement
xix)
place of worship
xx)
post office
xxi)
private club
xxii)
restaurant
xxiii) retail store
xxiv) service shop
xxv)
supermarket
xxvi) tavern
xxvii) taxi depot
4.5.2
Regulations for Permitted Uses
i)
Minimum Lot Area
230 sq. m.
ii)
Minimum Lot Frontage
7.5 m
iii)
Minimum Yard Requirements
a)
Front Yard
nil
b)
Interior Side Yard
nil
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c)
Exterior Side Yard
nil
d)
Rear Yard
nil
iv)
Maximum Lot Coverage
100%
v)
Minimum Landscaped Open Space
-
in any yard abutting a Residential zone
a landscaping strip shall be required
vi)
Where a building is used for residential purposes, the residential uses
may be located at the rear on the building on the first floor or on any
floor above the first floor. A residential entrance and foyer not
exceeding 10% of the front of the building shall be permitted.
vii)
Notwithstanding the regulations in this section, permitted existing
dwellings shall meet the requirements of the Residential Type 2 (R2)
Zone
4.5.3
Exceptions
That Zoning By-Law 2022-24 be amended by rezoning the property municipally
known as Argentite Street (Train Station), from the Light Industrial (M1) Zone
to the Downtown Commercial Exception One (C1-1) Zone as shown on
Schedule "A" attached hereto and forming part of this By-Law.
4.5.3.1
Downtown Commercial Exception One (C1-1) Zone:
Notwithstanding the provisions of the Downtown Commercial (C1) Zone and
the provisions of Section 3.22.1 (Setbacks from Railways) to the contrary,
within the Downtown Commercial Exception One (C1-1) Zone, up to 4
dwellings, are permitted. Three dwelling units comprising 185 sq m shall be
permitted on the first floor. A minimum of 5 parking spaces shall be dedicated
to the residential uses on the lands within the zone. In all other respects the
provisions of the C1 Zone shall apply."
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4.6
HIGHWAY COMMERCIAL (C2) ZONE
No person shall within a Highway Commercial (C2) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.6.1
Permitted Uses
i)
accessory dwelling (one only)
ii)
building supply and lumber outlet
iii)
bus depot
iv)
car wash
v)
commercial greenhouse/nursery sales
vi)
convenience store
vii)
cultural centre
viii)
equipment sales/rental establishment
ix)
laundromat
x)
hotel and motel
xi)
marine or small engine sales and service establishment
xii)
motor vehicle dealership
xiii)
motor vehicle fuel bar or service station
xiv)
prefabricated housing sales establishment
xv)
public storage facilities
xvi)
recreational establishment
xvii)
recreational vehicle sales and service operation
xviii) restaurant or tavern
xix)
retail commercial uses having a minimum floor area of 100 sqm
xx)
veterinary clinic
4.6.2
Regulations for Permitted Uses
i)
Minimum Lot Area
-
without municipal sewage services
4,000 sq. m.
-
with municipal sewage services
930 sq. m.
ii)
Minimum Lot Frontage
30.0 m.
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iii)
Minimum Yard Requirements
a) Front Yard
15.0 m.
b) Interior Side Yard
6.0 m.
c) Exterior Side Yard
15.0 m.
d) Rear Yard
7.5 m.
iv)
Maximum Lot Coverage
35%
v)
Minimum Landscaped Open Space
15%
4.6.3
Exceptions
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4.7
LIGHT INDUSTRIAL (M1) ZONE
No person shall within a Light Industrial (M1) Zone, use any land or erect, alter
or use any building or structure except in accordance with the following:
4.7.1
Permitted Uses
i)
building supply and lumber outlet
ii)
business, professional and administrative office
iii)
contractors yard
iv)
community centre
v)
educational facility
vi)
equipment sales and services
vii)
event centre
viii)
hardware, home furnishings, office supply or wholesale sales
ix)
manufacturing, processing or assembly within an enclosed building
x)
motor vehicle repair garage
xi)
motor vehicle body shop
xii)
outdoor storage
xiii)
publishing or printing establishment
xiv)
retail sales accessory to a permitted use not exceeding 35 per cent of
the total floor area
xv)
telecommunications tower
xvi)
transmission towers and hydro-electric substations
xvii)
warehouse including self storage
xviii) workshop
4.7.2
Regulations for Permitted Uses
i)
Minimum Lot Area
-
without municipal sewage services
4,000 sq. m.
-
with municipal sewage services
555 sq. m.
ii)
Minimum Lot Frontage
18.0 m
iii)
Minimum Yard Requirements
a)
Front Yard
9.0 m.
b)
Interior Side Yard
6.0 m.
c)
Exterior Side Yard
9.0 m.
d)
Rear Yard
12.0 m.
iv)
Maximum Lot Coverage
65%
v)
Minimum Landscaped Open Space
20%
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- in any yard abutting a residential zone a
landscaping strip shall be required
4.7.3
Exceptions
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4.8
HEAVY INDUSTRIAL (M2) ZONE
No person shall within a Heavy Industrial (M2) Zone, use any land or erect, alter
or use any building or structure except in accordance with the following:
4.8.1
Permitted Uses
i)
accessory business, professional and administrative office
ii)
building supply outlet
iii)
bulk fuel depot
iv)
contractors yards
v)
heavy or light equipment sales and services
vi)
manufacturing or processing
vii)
motor vehicle repair garage
viii)
outdoor storage
ix)
publishing or printing establishment
x)
public works yard/public utilities yard
xi)
retail sales accessory to a permitted use not exceeding
25 per cent of the total floor area
xii)
transportation depot
xiii)
warehouse including self storage
xiv)
uses permitted in the Light Industrial (M1) Zone.
4.8.2
Regulations for Permitted Uses
i)
Minimum Lot Area
-
without municipal sewage services
10,000 sq. m.
-
with municipal sewage services
1,100 sq. m.
ii)
Minimum Lot Frontage
30.0 m
iii)
Minimum Yard Requirements
a) Front Yard
9.0 m.
b) Interior Side Yard
6.0 m.
c) Exterior Side Yard
9.0 m.
d) Rear Yard
12.0 m.
iv)
Maximum Lot Coverage
60%
v)
Minimum Landscaped Open Space
20%
-
in any yard abutting a non-industrial
zone a landscaping strip shall be required
vi)
Buffering Requirements
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All outdoor storage uses shall be enclosed with a buffer strip or solid
fence having a minimum height of 2.4 metres.
4.8.3
Exceptions
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4.9
EXTRACTIVE INDUSTRIAL (M3) ZONE
No person shall within an Extractive Industrial (M3) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.9.1
Permitted Uses
i)
mining
ii)
peat extraction
iii)
pits
iv)
portable asphalt or concrete batching plant
v)
quarries
vi)
wayside pits and quarries
4.9.2
Regulations for Permitted Uses
i)
Minimum Lot Area
1.0 ha.
ii)
Minimum Lot Frontage
100 m.
iii)
Minimum Yard Requirements (from limit of extraction) or buildings or
structures
a)
Front Yard
30.0 m.
b)
Interior Side Yard
15.0 m.
c)
Exterior Side Yard
30.0 m.
d)
Rear Yard
15.0 m.
iv)
Minimum Setback from a Residential Lot
120 m.
v)
Maximum Lot Coverage
10%
(Buildings and Structures)
vi)
Minimum Landscaped Open Space
10%
All yards abutting a Residential zone shall
contain a landscape strip of at least 30 m in width
4.9.3
Exceptions
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4.10
INSTITUTIONAL (I) ZONE
4.10.1
Permitted Uses
No person shall within an Institutional (I) Zone, use any land or erect, alter or use
any building or structure except for one or more of the following uses:
i)
ambulance station
ii)
arena
iii)
business, professional and administrative offices
iv)
community centre
v)
day nursery
vi)
fire station
vii)
hospital
viii)
library
ix)
municipal water and sewage treatment and storage facilities
x)
nursing home
xi)
place of worship
xii)
school
4.10.2
Regulations for Permitted Uses
i)
Minimum Lot Area
550 sq. m.
ii)
Minimum Lot Frontage
15.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
7.5 m.
b)
Interior Side Yard
7.5 m.
d)
Exterior Side Yard
7.5 m.
d)
Rear Yard
7.5 m.
iv)
Maximum Lot Coverage
35%
v)
Minimum Landscaped Open Space
10%
4.10.3
Exceptions
That Zoning By-Law 2022-24 be amended by:
1. Rezoning the property municipally known as 1 Hudson Bay Road (Arena),
from the Institutional (I) Zone to the Institutional Exception One (I-1) Zone
2. Rezoning the property municipality known as 34 Cobalt Street from the
Institutional Exception Two (I-2).
as shown on Schedule "A" attached hereto and forming part of this By-Law.
4.10.3.1
Institutional Exception One (I-1) Zone:
Permitted uses in the I-1 zone shall include those uses permitted in the I Zone
as well as cold storage and light manufacturing within the building.
4.10.3.2
Institutional Exception Two (I-2) Zone:
Permitted uses in the I-2 zone shall include those uses permitted in the I Zone as well
as a fitness facility and a single detached dwelling.
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4.11
OPEN SPACE (OS) ZONE
No person shall within an Open Space (OS) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following:
4.11.1
Permitted Uses
i)
cemetery
ii)
golf course
iii)
outdoor recreation
iv)
private recreational park
v)
public park and accessory structures
vi)
public recreation centre
vii)
uses that legally existed as of the date of passing of this By-law
4.11.2
Regulations for Permitted Uses
i)
Minimum Lot Area
1.0 ha.
ii)
Minimum Lot Frontage
60.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
7.5 m.
b)
Interior Side Yard
7.5 m.
c)
Exterior Side Yard
7.5 m.
d)
Rear Yard
7.5 m
iv)
Maximum Lot Coverage
5%
v)
Minimum Landscaped Open Space
50%
4.11.3
Lands Under Water
All lands situated below the surface of a waterbody or watercourse shall be
deemed to be in the Open Space (OS) Zone. Notwithstanding the permitted uses
to the contrary, the only permitted uses of such land shall be marine facilities
and boathouses accessory to permitted uses on the appertaining lands where
such a use is permitted on the appertaining zone and in accordance with Section
3.1. In addition, the Regulations for Permitted Uses shall not apply to lands
under water.
It is noted that approval from the Ministry of Natural Resources and/or
Transport Canada may be required for marine facilities and boathouses.
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i)
Minimum lot area
1.6 ha.
ii)
Minimum lot frontage
152 m.
iii)
Minimum front side and rear yards
30.0 m.
iv)
Maximum gross floor area of main building. 40.0 sq. m.
v)
Minimum parking spaces
20.0
In all other respects the provisions of the Open Space (OS) Zone shall apply
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4.12
ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall, within any Environmental Protection Lands (EP) Zone erect,
alter or use any building or structure except in accordance with the following
provisions:
4.12.1
Permitted Uses
i)
agriculture
ii)
conservation
iii)
golf course
iv)
marine facilities
v)
passive public parks
vi)
resource management activities
4.12.2
Regulations for Permitted Uses
No buildings or structures including accessory buildings or structures with the
exception of marine facilities pumphouses and buildings and structures for flood
and erosion are permitted in the Environmental Protection (EP) Zone.
4.12.3
Exceptions
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4.13
HAAZARD (HZ) ZONE
No person shall, within any Hazard (HZ)) Zone erect, alter or use any building or
structure except in accordance with the following provisions:
4.13.1
Permitted Uses
i)
existing dwelling units
ii)
home occupation in an existing single detached dwelling
iii)
existing commercial and industrial uses
iv)
passive public parks
v)
resource management activities
4.13.2
Regulations for Permitted Uses
Existing residential uses shall meet the requirements of the Residential (R1)
Zone.
Existing commercial uses shall meet thew requirements of the Highway
Commercial (C2) Zone.
Existing industrial uses shall meet the requirements of the Light Industrial (M1)
Zone
4.13.3
Exceptions
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4.14
HOLDING PROVISIONS
4.14.1
Unless otherwise provided in this By-law to the contrary, where a Zone symbol
is preceded by, a letter "H" and a number - for example H1M1 - no
person shall use or permit the use of the land to which the letter (H)
applies for any use other than the use which legally existed on the date
the By-law applying the Holding provision came into effect or the use(s)
permitted in the By-law enacting the Hold, or expand or replace an
existing building or structure as the case may be, until the Hold (H) is
removed in accordance with the policies of the Official Plan and Section
36 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
4.14.2
Council may pass a By-law pursuant to Section 36 of the Planning Act, as
amended to remove the Holding (H) Symbol, thereby placing the lands
in the zone indicated by the zone symbol, when all of the applicable
requirements have been met. For the purposes of this By-law, a
number of distinct holding provisions have been applied as set out in
Table 4.22, below:
Table 4.14: Holding (H) Provisions
Col. 1
Column 2
Column 3
Column 4
Col. 5
Col.6
Symbol
Application
Property/
Legal
Description
Conditions for
Removal
Date Enacted
Date
Removed
H1
Assessment of
the potential
mine hazards
and required
mitigation to
the
satisfaction of
the Town and
Province
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4.15
TEMPORARY USES
Where on Schedules to this By-law, a symbol "T", and a number, identify a
property that is subject to a temporary use permission one or more
additional but temporary uses are permitted on the lands noted until
the permission granted by the site specific Temporary Use By-law
expires in accordance with the policies of the Official Plan and Section
39 of the Planning Act, R.S.O. 1990, c.P.13, as amended. Table 4.23,
below, identifies the Temporary Use Zones within the Town.
Table 4.14 - Temporary Uses
Symbol
Zone
Designation
Property/Legal
Description
Temporary Uses
Permitted
Date
Enacted
Expiry
Date
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SECTION 5
DEFINITIONS
5.1
ACCESSORY
A use, separate building or structure, which is usually incidental, subordinate,
exclusively devoted to and located on the same lot as the principle use,
building or structure.
5.2
AGRICULTURAL BUILDING
Any building or structure customarily used in connection with a farm other than
a residence.
5.3
AGRICULTURAL USE
Any agricultural use or uses, structures or buildings accessory thereto, including
field crops, animal husbandry, horticultural nurseries and any other use
customarily carried on in the field of general agriculture, including the
sale on the premises, of produce grown or raised on the premises
except specialized agricultural uses as defined herein.
5.4
AIRPORT
The use of lands, buildings or structures for the purposes of air transportation
services.
5.5
ANIMAL SHELTER
Lands and buildings used for the keeping of animals, birds or other livestock and
may include the premises of a veterinary surgeon.
5.6
ASSEMBLY HALL
A building, or part of a building, in which facilities are provided for such purposes
as meetings for civic, educational, political, religious or social purposes
and may include a bingo hall, a banquet hall, private club or fraternal
organization.
5.7
5.8
ATTACHED
A building otherwise complete in itself, which depends, for structural support or
complete enclosure, upon a division wall or walls shared in common
with adjacent building or buildings.
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5.9
5.10
ART GALLERY
A building, place or area where paintings, sculptures or other works of art are
exhibited or sold.
5.11
BALCONY
A raised platform or structure projecting above finished grade from the main
building, not supported by the ground, with or without steps to provide
access to the ground.
5.12
BARN
A building used for the housing of livestock or agricultural products kept or
grown on the lands on which the building is located.
5.13
BASEMENT
That portion of a building below the first floor and which is partly underground
as defined in the Building Code.
5.14
BED AND BREAKFAST
A home occupation within a single detached dwelling wherein not more than
five rooms are rented and meals are served to overnight guests for
commercial purposes.
5.15
BOARDING HOUSE
A dwelling in which the proprietor supplies for a fee sleeping accommodation
with board for at least three persons and not more than ten persons
exclusive of the proprietor, members of the proprietor's family and
servants of the establishment but does not include a hostel.
5.16
BOATHOUSE
A building used for the storage of boats and boating equipment.
5.17
BOAT SLIP
A single parking space of at least 185 sq. m. for a boat or other marine vessel
forming part of a dock, boathouse or other mooring facilities.
5.18
5.19
BUILDING
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A structure consisting of walls, roof and floor or a structural system serving the
same purpose as defined in the Building Code and including carports
but does not include awnings. For the purposes of this By-law a
building includes a tent or similar temporary structure located on a lot
for more than 10 consecutive days.
5.20
BUILDING SUPPLY AND LUMBER OUTLET
A building or structure in which building or construction and home improvement
materials are offered or kept for sale at retail and may include the
fabrication of certain materials related to home improvements.
5.21
BULK FUEL DEPOT
Lands, buildings and structures for the storage, distribution of fuels and oils but
not including retail sales except key lock operations.
5.22
BUSINESS, PROFESSIONAL OFFICE OR ADMINISTRATIVE OFFICE
A building or part of a building in which one or more persons are employed in
the management, direction or conducting of a business or where
professionally qualified persons and their staff serve clients or patients
who seek advice, consultation or treatment and may include the
administrative offices of a non-profit or charitable organization.
5.23
CAMPING ESTABLISHMENT
Lands used for the parking and temporary use for at least five (5) campsites
occupied by tents, trailers, motor homes, truck campers and
recreational vehicles and accessory uses and facilities such as
administrative offices, sanitary facilities, recreational facilities and an
accessory convenience store.
5.24
CAMP SITE
A parcel of land within a camping establishment that is maintained as a site for
the location and temporary occupation of a tent, travel trailer, motor
home, recreational vehicle or truck camper, but not a mobile home.
5.25
CELLAR
A portion of a building below the first storey floor which is partly or wholly
underground and which has more than one-half of its height, from
finished floor to finished ceiling or to the underside of the floor joints
of the first floor, the average finished grade level adjacent to the
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exterior walls of the building and having a floor to ceiling height of less
than 1.8 m. (6.0 ft.) or as otherwise defined in the Building Code.
5.26
CEMETERY
The land that is set apart or used as a place for the internment of the dead or in
which human bodies have been buried.
5.27
CHIEF BUILDING OFFICIAL
The official employed by the Town appointed under the Building By-law or
pursuant to the provisions of The Building Code Act, S.O., 1992 c.23, as
amended, and shall include any Inspector likewise employed and
appointed.
5.28
TOWN
The Corporation of the Town of Cobalt
5.29
CLINIC
An establishment used by two or more qualified health practitioners including
physicians, dentists, chiropractors, physiotherapists and their staff for
the purposes of consultation, diagnosis and office treatment.
5.30
COMMUNITY CENTRE
Any tract of land or building, or buildings or any part of any buildings used for
community activities whether used for commercial purposes or not,
the control of which is vested in the Municipality, a local board or agent
thereof and may include an auditorium, swimming pool, arena and
fitness centre.
5.31
COMMUNITY FACILITY
Any facility, place or building which is maintained and operated to provide
services for residents of the community.
5.32
CONSERVATION
The preservation, protection and improvement of the components of the
natural environment through a comprehensive management and
maintenance program administered by a public authority for individual
or public use.
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5.33
CONTRACTOR'S YARD
A yard of any general contractor or builder where equipment and materials are
stored or where a contractor performs shop or assembly work but does
not include any other yard or establishment otherwise defined or
classified herein.
5.34
CONVENIENCE STORE
A retail commercial establishment, not exceeding 200 square metres of gross
floor area, supplying groceries and other daily household necessities to
the surrounding area, whether or not such store is open for business
seven (7) days a week or not.
5.35
CORPORATION
The Corporation of the Town of Cobalt.
5.36
COUNCIL
The Council of the Corporation of the Town of Cobalt
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5.37
COMMUNITY CENTRE
The use of any lot or building where members of the public are provided with
health services, social support services, cultural, social or recreational
programs or life/work skills training programs and where neither
overnight care nor living accommodation is available. A day care centre
is a permitted accessory use to a community centre.
5.38
DAY NURSERIES
A day nursery operated for pre-school age children within the meaning of the
Day Nurseries Act, as amended.
5.39
DECK
Deck shall mean a structure above the ground cantilevered from a dwelling unit
or supported by the ground and open to the sky, located 0.3 m. or more
above finished grade.
5.40
DOCK
A structure for the mooring of boats, attached to or forming part of the mainland
or used in conjunction with a use on the mainland.
5.41
DRIVE THROUGH SERVICE FACILITY
A building or structure or part thereof where goods and/or services are offered
to the public within a parked or stationery vehicle that is in a designated
queuing space by way of a service window, kiosk, or automated
machine where goods, money or materials are exchanged. Kiosks
within a parking structure or associated with a surface parking area are
not considered to be drive-through service uses.
5.42
DWELLING
A building or part of a building occupied or capable of being occupied, in whole
or in part as the home, residence or sleeping place of one or more
persons either continuously, permanently, temporarily or transiently.
5.43
DWELLING, ACCESSORY
A dwelling within a principle dwelling or separate building, or structure, which is
incidental, subordinate to the principle dwelling or use on the property.
5.44
DWELLING, APARTMENT
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A separate building containing three or more dwelling units sharing a common
corridor or stair well.
5.45
DWELLING, DUPLEX
The whole of a two-storey building divided horizontally into two separate
dwelling units, each of which has an independent entrance either
directly or through a common vestibule.
5.46
DWELLING, QUADRAPLEX
The whole of a dwelling house that is divided vertically by common party walls
into four separate dwelling units, each of which has two common party
walls.
5.47
DWELLING, SEMI-DETACHED
The whole of a building divided vertically into two separate dwelling units.
5.48
DWELLING, SINGLE DETACHED
A detached building containing one dwelling unit only.
5.49
DWELLING, TOWNHOUSE
A dwelling unit in a building divided vertically into no less than three nor more
than eight dwelling units attached by common walls extended from the
base of the foundation to the roof line, each dwelling unit having a
separate entrance at grade.
5.50
DWELLING, TRIPLEX
The whole of a building divided horizontally into three separate dwelling units,
each of which has an independent entrance either directly or through
a common vestibule.
5.51
DWELLING UNIT
A combination of rooms in which a kitchen, living quarters and sanitary
conveniences are provided for the exclusive use of the residents and
with a private entrance from outside the building or from a common
hallway or stairway inside. It may include a modular home constructed
in accordance with the Building Code and C.S.A. A-277 Regulations.
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5.52
DWELLING UNIT, ACCESSORY
A separate dwelling unit which is contained in a building which was originally
designed as a single family dwelling and continues to be occupied by
the owner.
5.53
ERECT
To build, construct, reconstruct, alter or relocate including any preliminary
physical operation such as excavating, grading, piling, cribbing, filling or
draining, or structurally altering any existing building or structure by an
addition, deletion, enlargement or extension.
5.54
ESTABLISHED BUILDING LINE
The average distance from the road line to existing buildings measured not more
than 100 metres on either side of the lot where the frontage has been
built upon, as of the date of passing of this By-law.
5.55
EXISTING
Legally existing, being a reality or an actuality as of the date of passing of this By-
law.
5.56
FARM
Any farming or agricultural use and includes apiaries; aviaries; berry or bush
crops; breeding, raising, training or boarding of horses or cattle;
commercial greenhouses; farms devoted to the hatching, raising and
marketing of chickens, turkeys, or other fowl or game birds, animals,
fish or frogs; farms for grazing; flower gardening; field crops; goat or
cattle dairies; growing, raising, picking, treating and storing of
vegetables or fruit produce produced on the premises; nurseries;
orchards; riding stables; the raising of sheep or goats; the raising of
swine; tree crops; market gardening; bee keeping; wood lots; such uses
or enterprises as are customarily carried on in the field of general
agriculture not including a specialized farm as defined. "Farm"
includes a single-family dwelling house, and such principle or main
buildings and structure as a barn or silo, as well as accessory buildings
and structures which are incidental to the operation of the farm.
5.57
FINISHED GRADE
The average elevation of the finished surface of the ground at ground level
measured on any side of a building or structure.
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5.58
FIRST STOREY
The storey with its floor closest to grade and having its ceiling more than 1. 8
metres above grade or as defined in the Building Code.
5.59
FLOOR AREA, GROSS
The total floor area, as hereinafter defined, exclusive of any portion of the
building or structure below finished grade measured between the
exterior faces of the exterior walls which is used for heating, the
storage of goods or personal effects, laundry facilities, recreational
areas, the storage or parking of motor vehicles, exclusive of any private
garage, carport, basement, walkout basement, cellar, porch, verandah
or sunroom unless such sunroom is habitable during all seasons of the
year.
5.60
FLOOR AREA, GROUND
The maximum ground floor area of a building measured by the outside walls,
excluding, in the case of a single detached dwelling, any private garage,
carport, porch, verandah or sunroom (unless such sunroom is habitable
at all seasons of the year).
5.61
FUNERAL HOME
A building designed for the purpose of furnishing funeral supplies and services
to the public and includes facilities intended for the preparation of the
dead human body for internment or cremation.
5.62
GARAGE, PRIVATE
A detached accessory building or portion of a dwelling house which is designed
or used for the sheltering of a private motor vehicle and storage of
household equipment incidental to the residential occupancy and
which is fully enclosed and roofed and excludes a carport or other open
shelter.
5.63
GARDEN SUITE
A one unit detached residential structure containing bathroom and kitchen
facilities that is ancillary to an existing residential structure and that is
designed to be portable.
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5.64
GAZEBO
A freestanding roofed accessory structure which is not enclosed, except for
screening or glass and which is utilized for the purposes of relaxation in
conjunction with a residential dwelling but shall not include any other
use or activity otherwise defined or classified in this By-law.
5.65
GOLF COURSE
A public or private area operated for the purpose of playing golf, and includes a
par 3 golf course, club house and recreational facilities, accessory
driving ranges and miniature golf courses, and similar uses.
5.66
GROUP HOME
A single housekeeping unit in a residential dwelling in which 3 to 9 unrelated
residents excluding staff or receiving family, live as a family under
responsible supervision consistent with the requirements of its
residents and includes a home licensed or approved under the
Provincial statute as a Special Care Residential Home, Supportive
Housing Program, Adult Community Mental Health Program, Children's
Residence, Accommodation Services for the Developmentally
Handicapped, Satellite Residences for Seniors and Halfway Houses for
the Socially Disadvantaged, in compliance with municipal by-laws.
5.67
GUEST CABIN
A single storey accessory structure which is not attached to the main dwelling
on a lot which is maintained for the accommodation of an individual or
individuals where sanitary facilities and facilities for cooking are not
provided.
5.68
HEAVY EQUIPMENT SALES AND RENTAL
A building or part of a building or structure in which heavy machinery and
equipment are offered or kept for sale, rent, lease or hire under
agreement for compensation, but shall not include any other
establishment defined or classified in this By-law.
5.69
HEIGHT OF BUILDINGS
The vertical distance, measured between the average natural or finished grade
at the front of the building, whichever is the lesser, and the highest point of the
roof
5.70
HIGH WATER MARK SETBACK
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The setback will be measured from the normal controlled high water mark of the
lake or river.
5.71
HOME FOR THE AGED
A Home for the Aged as defined by the Home for the Aged Act.
5.72
HOME INDUSTRY
Any occupation that involves processing or manufacturing or producing
products conducted entirely within a building or part of a building
accessory to a single detached dwelling house, a part of a dwelling unit
that includes processing, assembly, manufacturing or a workshop
within an area not to exceed 100 square metres in gross floor area and
shall not include outdoor storage.
5.73
HOME OCCUPATION
An occupation or profession related to the provision of services excluding
processing or manufacturing or producing products, carried on by the
occupant of a dwelling within his/her dwelling as an accessory use in
connection with which there is no display, no stock in trade nor
commodity sold upon the premises and no outdoor storage.
5.74
HOSPITAL
Any institution, building or other premises or place established for the
maintenance, observation, medical and dental care and supervision
and skilled nursing care of persons afflicted with or suffering from
sickness, disease or injury or for the convalescent or chronically ill
persons.
5.75
HOTEL
A building or part of a building that contains a general kitchen and dining room
and other public rooms, the remaining rooms of which contain no
provision for cooking, and are usually hired by transients as places of
abode; and includes a hostel for men or women.
5.76
IMPROVED PUBLIC ROAD
A road or highway under the jurisdiction of the Province of Ontario or the Town
or a private road within a registered Plan of Condominium which is
maintained so as to allow normal vehicular access to adjacent
properties and which, in the case of a municipal road is a road which
has been constructed to municipal standards.
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5.77
KENNEL
An establishment for the keeping, breeding and raising of domesticated animals
for profit or gain, but shall not apply to the keeping of animals in a
veterinary establishment for the purpose of observation and or
recovery necessary to veterinary treatment.
5.78
LANDSCAPED OPEN SPACE
The open space from ground to sky at grade on a lot accessible by walking and
which is suitable for the growth and maintenance of grass, flowers,
trees, bushes, natural vegetation and other landscaping and includes
any surfaced walk, patio or similar area but does not include any
driveway or ramp, whether surfaced or not, any curb, retaining wall,
parking area or any open space beneath or within any building or
structure.
5.79
LANDSCAPING STRIP
An open space free of buildings or structures which is used for the growing and
maintenance of and unpierced row of shrubs, trees or other natural
vegetation having a minimum height of 1.5 metres.
5.80
LANE
A public thoroughfare which affords only a secondary means of access for
vehicular traffic to abutting lots and which is not intended for general
traffic circulation.
5.81
LAUNDROMAT
A building or structure where the service or coin-operated laundry machines,
using only water, detergents and additives, are made available to the
public for the purpose of laundry cleaning.
5.82
LIGHT EQUIPMENT SALES AND RENTAL ESTABLISHMENT
A building or structure or part of a building or structure in which light machinery
and equipment such as air compressors and related tools and
accessories; augers; automotive tools; cleaning equipment; light
compaction equipment; concrete and masonry equipment; electric
tools and accessories; fastening devices such as staplers and tackers;
floor and carpet tools; gasoline generators; jacks and hydraulic
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equipment; lawn and garden tools; ladders; moving equipment;
painting and decorating equipment; pipe tools and accessories;
plumbing tools and accessories; pumps; hoses; scaffolding; welding
equipment; and, other similar tools and appurtenances are offered or
kept for rent, lease or hire under agreement for compensation, but
shall not include any other establishment defined or classified in this
By-law.
5.83
LOADING SPACE
An off-street space on the same lot as the building, or contiguous to a group of
buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or materials, and which abuts upon
a street, lane or other appropriate means of access.
5.84
LOT
A parcel or tract of land described in a deed or other legal document which is
legally capable of conveying title and:
a)
Which is a whole lot within a Registered Plan of Subdivision, or lot within
a Plan of Condominium other than a Registered Plan of Subdivision which has
been deemed not to be a Registered Plan of Subdivision under a By-law passed
pursuant to Section 49 of The Planning Act as amended; or
b)
Which is a legally separated parcel of land in existence on the date of
passing of this By-law without the owner holding the fee or the equity or
redemption in, or power or right to grant, assign or exercise a power of
appointment with respect to any abutting land; or
c)
The description of which is the same as in a deed which has received
final consent to a conveyance pursuant to Section 49 of The Planning Act, S.O.,
1983, c.1, as amended.
d)
Which is the whole remnant remaining to an owner or owners after a
conveyance is made with final consent pursuant to Section 40 of The Planning
Act, S.O., 1983, c.1, as amended, but for the purpose of this paragraph no parcel
or tract of land ceases to be a lot by reason only of the fact that a part or parts
of it has or have been conveyed to or acquired by the Town of Cobalt, Her
Majesty in the Right of Ontario or Her Majesty in the Right of Canada; or,
e)
Which is the subject of an order of The Minister of Municipal Affairs
pursuant to the provisions of Section 56 of The Planning Act., S.O., 1983, c.1, as
amended.
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5.85
LOT AREA
The total horizontal area within the lot lines of a lot or if an island, the area of
land above the normal high water mark.
5.86
LOT, CORNER
A lot situated at the intersection of two or more streets, or at the intersection of
a street and a railway right-of-way, or a lot abutting on one or more parts of the
same street, in which an interior angle of less than one hundred and thirty-five
(135) degrees is contained, between the front and side lot lines abutting by the
said street or streets.
5.87
LOT COVERAGE
The percent of the lot area covered by buildings or structures excluding parking
areas, driveways, decks and walkways but including structures and buildings
constructed appertaining to the lot.
5.88
LOT FRONTAGE
The continuous horizontal distance of the front lot line between the side lot lines
measures at right angles. Where the front lot line is not a straight line, or where
the side lot lines are not parallel, the lot frontage shall be the horizontal distance
of a line that is 7.5 metres back from and parallel to a continuous straight line,
joining the two points where the side lot lines intersect with the front lot line.
5.89
LOT, INTERIOR
A lot other than a corner lot.
5.90
LOT LINE
Any boundary of a lot.
5.91
LOT LINE, EXTERIOR
The side lot line which abuts the road on a corner lot.
5.92
LOT LINE, FRONT
a)
Where a lot abuts a municipally maintained road and a navigable
waterway, the lot line abutting the municipal road shall be deemed the front lot
line.
b)
In the case of a corner lot or through lot, the shorter lot line that abuts
a street shall be deemed to be the front lot line and the longer lot line that abuts
a road or shall be deemed an exterior side lot line, but,
c)
In the case of a corner lot or through lot with two lot lines of equal length
abutting roads, the lot line that abuts the wider street shall be deemed to be the
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front lot line, but where the roads are of equal width, the lot line which abuts a
Provincial Highway shall be deemed to be the front lot line, and in the case of
both roads being under the same jurisdiction and of the same width, the owner
of the lot may designate which road line shall be the front lot line.
d)
In the case where a lot abuts only a road cul-de-sac, all of the frontage
on the road cul-de-sac shall be deemed to be the front lot line.
5.93
LOT LINE, REAR
The lot line farthest from or opposite to the front lot line. Where the lot abuts
a navigable waterway, the normal high water mark shall be deemed to
be the rear lot line.
5.94
LOT LINE, SIDE
A lot line other than a front or rear lot line.
5.95
LOT, THROUGH
A lot bounded on opposite sides by streets.
5.96
MANUFACTURING
The assembly or repair or fabrication of goods and materials utilizing materials
that have been manufactured, created or processed in another
location.
5.97
MANUFACTURING, LIGHT
The assembly or repair or fabrication of goods and materials utilizing materials
which have been manufactured, created or processed in another
location and which does not produce waste water in excess of 4500
litres per day, chemical by-products or utilize and area for outdoor
storage of goods or materials except for equipment or vehicles which
are for sale, lease or hire.
5.98
MARINA
A commercial establishment or premises, containing docking facilities or
mooring facilities where boats or boat accessories are berthed, stored,
serviced, repaired, constructed or kept for sale or rent and where
facilities for the sale of marine fuels or lubricants, accessory retail sales
and a taxi and/or barging service are provided and where waste water
pumping facilities may be provided.
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5.99
MARINE FACILITY
An accessory building or structure which is used to take boats into or out of a
navigable waterway, or to moor boats. This definition includes a
launching ramp, boat lift, or dock but does not include any building
used for human habitation.
5.100
MOBILE HOME
Any dwelling that is designed to be mobile, and constructed or manufactured to
provide a permanent residence for one or more persons in accordance
with CSA 240 or Z241but does not include a travel trailer or tent trailer
or trailer otherwise designed.
5.101
MOBILE HOME SITE
A parcel of land within a mobile home park which is serviced and used for the
exclusive purposes of one mobile home.
5.102
MOBILE HOME PARK
A lot under single management for the placement of three or more mobile
homes.
5.103
MODULAR HOME
Any dwelling that is designed in more than one unit and is designed to be made
mobile on a temporary basis, and constructed or manufactured to
provide a permanent residence for one or more persons, but does not
include a mobile home, recreational travel trailer or recreational motor
vehicle as defined herein. A modular home shall meet C.S.A. A-277
standards.
5.104
MOTEL
A structure containing a series of living or sleeping units with individual interior
sanitary conveniences, including motor courts or tourist courts. All
required parking is at grade and direct access is available from the
parking area to the individual units.
5.105
MOTOR VEHICLE
An automobile, truck, motorcycle, and any other vehicle propelled or driven
otherwise than by muscular power, but does not include the cars of
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electric or steam railways, or other motor vehicles running only upon
rails, or a motorized snow vehicle, traction engine, farm tractor, self-
propelled implement of husbandry or road building machine within the
meaning of The Highway Traffic Act, as amended.
5.106
MOTOR VEHICLE, COMMERCIAL
Any commercial motor vehicle within the meaning of The Highway Traffic Act,
as amended.
5.107
MOTOR VEHICLE BODY SHOP
A building or structure used for the painting or repairing of motor vehicle bodies,
exterior and undercarriage, and in conjunction with which there may
be towing service and motor vehicle rentals for customers while the
motor vehicle is under repair, but shall not include any other
establishment otherwise defined or classified in this By-law.
5.108
MOTOR VEHICLE DEALERSHIP
A building or structure where a franchised dealer displays motor vehicles for sale
or rent and in conjunction with which there may be used motor vehicle
sales or rentals, a motor vehicle repair garage, a motor vehicle service
station, a motor vehicle gasoline bar or a motor vehicle body shop, but
shall not include any other establishment otherwise defined or
classified in this By-law.
5.109
MOTOR VEHICLE FUEL BAR
One or more pump islands, each consisting of one or more motor vehicle fuel
pumps, and a shelter, which shall include the sale of oils, antifreeze,
gasoline additives, propane, natural gas and small accessories required
for the operation of motor vehicles, boats and snowmobiles and shall
not be used for repairs, oil changes or greasing.
5.110
MOTOR VEHICLE REPAIR GARAGE
A building or structure where the exclusive service performed or executed on
motor vehicles for compensation shall include the installation of
exhaust system, repair of the electrical system, transmission repair,
brake repair, radiator repair, tire repair and installation, rustproofing,
motor vehicle diagnostic centre, major and minor mechanical repairs
or similar use and in conjunction with which there may be a towing
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service, a motor vehicle service station and motor vehicle rentals for
the convenience of the customer while the motor vehicle is being
repaired, but shall not include any other establishment otherwise
defined or classified in this By-law.
5.111
MOTOR VEHICLE SERVICE STATION
A building or structure where gasoline, propane, natural gas, oil, grease,
antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs,
batteries and automotive accessories for motor vehicles and new retail
goods are stored or kept for sale to the general public, or where motor
vehicles may be oiled, greased or washed, or have their ignition
adjusted, tires inflated or batteries charged, and where mechanical or
running repairs essential to the actual operation of motor vehicles are
executed or performed. Such shall require public washrooms.
5.112
MUNICIPAL, DISTRICT OR PROVINCIAL MAINTENANCE AND/OR STORAGE
YARD
Any land, building and/or structure owned by the Corporation of the Town of
Cobalt, Public Utilities Commission or the Province of Ontario and used
for the storage, maintenance and/or repair of material, equipment,
machinery and/or motor vehicle used in connection with civic works.
5.113
MUSEUM
An institution that is established for the purpose of acquiring, conserving,
studying, interpreting, assembling and exhibiting to the public for its
instruction and enjoyment, a collection of artifacts of historical
interest.
5.114
NON-COMPLYING
A lot, building or structure that does not fulfill the requirements of the zone
provisions for the zone in which the lot, building, structure is located.
5.115
NON-CONFORMING
An existing use or activity of any land, building or structure which does not
conform with the permitted uses or activities, of this By-law for the
Zone in which such existing land, building or structure is located, so long
as it continues to be used for that purpose.
5.116
NURSERY OR GREENHOUSE, COMMERCIAL
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A building or structure, and lands associated therewith, for the growing of
flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation
together with gardening tools and implements which are sold at retail
from such building or lot to the general public.
5.117
NURSING HOME
Any premises maintained and operated for persons requiring nursing care, and
which is licensed under The Nursing Homes Act, as amended.
5.118
OUTSIDE STORAGE
Any accessory storage outside of a principle or main building or structure on the
lot.
5.119
PARK, PRIVATE RECREATIONAL
An open space or recreational area, other than a public park, operated on a
commercial and/or private member basis, and which includes one or
more of the following facilities or activities:
a)
Areas for walking, riding and cross-country skiing, snowmobiling, but
does not include the racing of animals, motor vehicles, motor cycles or
snowmobiles;
b)
Accessory recreational or playground areas such as picnic areas, tennis
courts, lawn bowling greens, outdoor skating rinks, athletic fields;
c)
An accessory club house or storage building of a maximum of 75 sq. m.
and;
d)
Parking lots accessory to the foregoing.
5.120
PARK, PUBLIC
Any open space or recreational area, owned or controlled by the Corporation or
by any Board, Commission or other Authority established under any
statute of the Province of Ontario and may include therein
neighbourhood, community, regional and special parks or areas and
may include one or more athletic fields, field houses, community
centres, bleachers, swimming pools, greenhouses, botanical gardens,
zoological gardens, bandstands, skating rinks, tennis courts, bowling
greens, bathing stations, curling rinks, refreshment rooms, fair
grounds, arenas, or similar uses.
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5.121
PARKING AREA
An area or areas of land or a building or part thereof which is provided and
maintained upon the same lot or lots upon which the principle use is
located for the purpose of storing motor vehicles.
5.122
PARKING LOT
A parking area forming the principle use of a lot.
5.123
PARKING SPACE
An area having a minimum width of 3 metres and a minimum area of 18.5 square
metres, exclusive of any aisles, ingress or egress lanes, for the parking
or storage of motor vehicles.
5.124
PATIO
A platform or surfaced area without a roof, the surface of which is not more than
0.3 metres above finished grade, which is designed and intended for
use as an accessory to a dwelling or a commercial use.
5.125
PERSON
Any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executor or other legal
representatives of a person to whom the context can apply according
to law.
5.126
PIT
A place where unconsolidated gravel, stone, sand, earth, clay, fill, peat or other
material is being or has been removed by means of an excavation to
supply materials for construction, industrial or manufacturing
purposes, but does not include a wayside pit.
5.127
PLACES OF WORSHIP
Churches, chapels, temples, parish halls and synagogues including offices for the
administration of the religious institution, convents, seminaries,
monasteries, rectories, parsonages and parish houses.
5.128
PLACE OF AMUSEMENT
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Any premises or separate part of a premises wherein for profit or gain, two or
more amusement machines are provided for use by the public.
5.129
PORTABLE PROCESSING PLANT
Any equipment for the crushing, screening or washing of sand and gravel
aggregate materials, but not including a concrete batching plant or an
asphalt plant, which equipment is capable of being readily drawn or
readily propelled by a motor vehicle and which equipment is not
considered permanently affixed to the site.
5.130
PRINCIPLE OR MAIN BUILDING
Any building which is carried on the principle purpose for which the building lot
is used and shall include a barn or silo used in conjunction with a farm.
5.131
PRIVATE CLUB
A non-profit, non-commercial organization, which carries on social, cultural,
athletic and/or recreational activities.
5.132
PRIVATE ROAD
A private right-of-way over private property or Crown Land which affords access
to abutting lots and is not maintained by a public body.
5.133
PROVINCIAL HIGHWAY
A public improved road under the jurisdiction of the Ministry of Transportation.
5.134
PUBLIC AUTHORITY
Any Federal, Provincial, District or Municipal agencies, and includes any
commission, board, authority or department established by such
agency and shall include Ontario Hydro, and Bell Canada.
5.135
QUARRY
A place where consolidated rock has been or is being removed by means of an
open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside quarry or
open pit metal mine.
5.136
QUEUING SPACE
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A space within a queuing lane used exclusively for the staging of vehicles utilizing
a drive through service facility.
5.137
RECREATIONAL ESTABLISHMENT
Premises where entertainment is offered for gain or profit such as a motion
picture or other theatre, public hall, billiard or pool rooms, an
establishment offering three or more electronic games for public use,
bowling alley, ice or roller skating rink, miniature golf course and all
other similar places of amusement.
5.138
RESORT
A tourist establishment that provides accommodation throughout all or part of
the year and that has facilities for serving meals and furnishes
equipment, supplies or services to persons in connection with angling,
hunting, camping or recreational purposes and may include a Liquor
Licensed Premises and accommodation facilities for staff.
5.139
RESOURCE MANAGEMENT
The preservation, protection and improvement of the natural environment
through comprehensive management and maintenance for both the
individual and society's use, both in the present and the future.
Resource Management Uses also means the management,
development and cultivation of timber resources to ensure the
continuous production of wood or wood products, the provision of
proper environmental conditions for wildlife, the protection against
floods and erosion, the protection and production of water supplies
and the preservation of the recreational resource.
5.140
RESTAURANT
A building or part of a building where food is offered for sale or sold to the public
primarily for immediate consumption.
5.141
RETAIL STORE
A building where goods, wares, merchandise, substances or articles, 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,
substances, or articles sufficient only to service such stores but does
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not include any retail outlet otherwise classified or defined in this By-
law.
5.142
RIDING SCHOOL OR BOARDING STABLE
An area of land which is used as an educational centre for horse training,
handling, care, or for the lodging of horses.
5.143
SALVAGE OR WRECKING YARD
A place where motor vehicles are wrecked or disassembled and resold; a place
where second-hand goods, including waste paper, bottles, automobile
tires, clothing, other scrap materials and salvage are collected to be
sorted and a place where used lumber and used building materials are
stored for sale or resale.
5.144
SCHOOL
A public school, a separate school, a university, a community college or a private
school authorized by the Province of Ontario.
5.145
SERVICE SHOP
A building or part of a building, not otherwise defined or classified in this By-law,
for the servicing or repairing of articles, goods or materials, as well as
facilities for accessory retail sales.
5.146
SERVICE SHOP, PERSONAL
A building or part of a building in which persons are employed in furnishing
services and otherwise administering to individual and personal needs
of patrons such as barber shops, beauty parlours, dry cleaning outlets,
hair dressing shops, photograph studio and shoe repair shops.
5.147
SETBACK
The horizontal distance from the centre line of the street right-of-way, or
defined physical feature measured at right angles to such centre line,
to the nearest part of any building or structure on the lot.
5.148
SEWAGE
The waste water and matter from any uses.
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5.149
SEWAGE SERVICES OR FACILITY
Any works by a public authority for the collection, transmission, storage,
treatment and disposal of sewage.
5.150
SPECIAL NEEDS FACILITY
The use of any lot or building for housing providing a group living arrangement
for people who have specific needs beyond economic needs and that is
not a group home, including but not limited to, needs such as mobility
requirements or support functions required for daily living. This
includes any dedicated facilities for such use and may include a
wellness clinic as an accessory use.
5.151
STOREY
A storey is that part of a building between the surface of one floor and the ceiling
above. However, a cellar does not count as a storey.
5.152
STREET LINE
The limit of the street or road allowance and is the dividing line between a lot
and street or road.
5.153
STRUCTURE
Anything man-made that is fastened to or into the earth or another structure or
rests on the earth by its own mass.
5.154
TAVERN
A tavern or public house as defined by The Liquor Licence Act, but does not
include a hotel or restaurant.
5.155
TENT
Any kind of temporary shelter for sleeping that is not permanently affixed to the
site and that is capable of being easily moved and is not considered a
structure.
5.156
TOURIST ESTABLISHMENT
Any premises operated to provide sleeping accommodation for the travelling
public or sleeping accommodation for the use of the public engaging in
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recreational activities, and includes the services and facilities in
connection with which sleeping accommodation is provided, but does
not include:
a) A camp operated by a charitable corporation approved under The Charitable
Institutions Act, as amended;
b) A summer camp within the meaning of the regulations made under The
Health Protection and Promotion Act, as amended;
c) A club owned by its own members and operated without profit or gain; or
d) A tent and trailer park.
5.157
TRAILER
A vehicle that is at any time drawn upon a highway by a motor vehicle, another
motor vehicle or any device or apparatus not designed to transport
persons or property, temporarily drawn, propelled or moved upon such
highway, and except a side car attached to a motorcycle, and shall be
considered a separate vehicle and not part of the motor vehicle by
which it is drawn and, for the purposes of this By-law, does not include
a mobile home.
5.158
TRAILER, TRAVEL OR TENT
Any trailer which is designed to be temporarily utilized for living, shelter and
sleeping accommodation, with or without cooking facilities and which
has running gear and towing equipment permanently attached and a
current licence and is not permanently affixed to the ground.
5.159
TRANSPORTATION DEPOT
Any building or land where buses, trucks or tractor-trailers are rented, leased,
kept for hire, stored or parked for commercial purposes.
5.160
USE
a) Any purpose for which a building or other structure or a parcel of land may
be designed, arranged, intended, maintained, or occupied; or,
b) Any activity, occupation, business or operation carried on, or intended to be
carried on, in a building or other structure or on a parcel of land.
5.161
VEHICLE
A motor vehicle, trailer, traction engine, farm tractor, road building machine and
any vehicle drawn, propelled or driven by any kind of power, including
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muscular power, but does not include the cars of electric or steam
railways running only upon rails.
5.162
VEHICLE, RECREATIONAL
A vehicle designed to provide temporary living accommodation but does not
include a mobile home, travel trailer or other vehicle defined herein.
5.163
VESSEL
A craft designed to float on the water including a boat, a barge or a ship.
5.164
VETERINARY HOSPITAL
The premises of a veterinary surgeon where animals are treated or kept.
5.165
WAREHOUSE
A building or part of a building used for the storage and distribution of goods,
wares, merchandise, substances or articles and may include facilities
for a wholesale or retail commercial outlet, provided that they do not
exceed 10 per cent of the gross floor area, but shall not include a truck
or transport terminal or yard.
5.166
WASTE DISPOSAL AREA
A land fill site where garbage, refuse, domestic or industrial waste, exclusive of
liquid industrial waste, is disposed of or dumped.
5.167
WATERCOURSE
A waterbody or the natural channel for a perennial or intermittent stream of
water including a river or stream.
5.168
WATER SERVICES OR FACILITY
Any works by a public authority for the treatment, storage, supply or distribution
of water.
5.169
WAYSIDE PIT OR QUARRY
A temporary pit or quarry opened and used by a public road authority solely for
the purpose of a particular project or contract of road construction and
not located on the road right-of-way.
5.170
WORKSHOP
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A building or structure where manufacturing is performed by tradesmen
requiring manual or mechanical skills and may include a carpenter's
shop, a locksmith's shop, a gunsmith's shop, a plumbing and electrical
contractor's or a heating /air conditioning contractor's shop, a
commercial welder's shop, or similar uses.
5.171
YARD
Any open unoccupied space appurtenant to a building measured from the
closest supporting structure of the building to the lot line.
5.172
YARD, EXTERIOR SIDE
A side yard immediately adjacent to an exterior lot line.
5.173
YARD, FRONT
A yard extending across the full width of the lot between the front lot line and
the nearest wall of any building or structure on the lot for which the
yard is required. On islands where there is only one lot, all yards shall
be considered as the front yard.
5.174
YARD, FRONT DEPTH
The least horizontal distance between the front lot line of the lot and the nearest
part of any building or structure on the lot, or the nearest open storage
use on the lot, or the edge or rim of an excavation on the lot.
5.175
YARD, REAR
A yard extending across the full width of the lot between the rear lot line and
the nearest wall of any building on the lot for which the yard is
required.
5.176
YARD, REAR DEPTH
The least horizontal distance between the rear lot line of the lot and the nearest
part of any building or structure on the lot, or the nearest open storage
use on the lot, or the edge or rim of an excavation on the lot.
5.177
YARD, REQUIRED
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The minimum yard required by the provisions of the By-law.
5.178
YARD, SIDE
A yard extending from the front yard to the rear yard between the side lot line
and the nearest wall of any building on the lot for which the yard is
required.
5.179
YARD, SIDE EXTERIOR
A side yard immediately adjoining a public street.
5.180
YARD, SIDE INTERIOR
A side yard other than an exterior side yard.
5.181
YARD, SIDE, WIDTH
The least horizontal distance between the side lot line of the lot and the nearest
part of any building or structure on the lot, or the nearest open storage
use on the lot, or edge or rim or excavation on the lot.
5.182
ZONE
The category of use or activity of land, buildings, structures or activities
permitted by this By-law.
5.183
ZONE PROVISIONS
The permissible uses, the minimum area and dimensions of lots, the minimum
dimensions of yards, the maximum lot coverage, the minimum setback,
gross floor area, the minimum landscaped open space, the maximum
height of buildings, minimum parking requirements, and all other Zone
provisions are set out within the By-law for the respective Zones.
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SECTION 6
ENACTMENT
6.1
FORCE AND EFFECT
This By-law shall come into force and effect on the date it is passed by the Council of the
Corporation of the Town of Cobalt subject to the applicable provisions of The Planning
Act, R.S.O., 1990, c.Pl3., as amended.
6.2
READINGS BY COUNCIL
THIS BY-LAW READ A FIRST TIME ON THE 20TH DAY OF SEPTEMBER 2022
THIS BY-LAW READ A SECOND TIME ON THE 20TH DAY OF SEPTEMBER 2022.
THIS BY-LAW READ A THIRD TIME AND FINALLY PASSED ON THE 20TH DAY OF
SEPTEMBER , 2022.
MAYOR: ___________________
(MUNICIPAL SEAL)
CLERK: ____________________
6.3
CERTIFICATION
I hereby that the foregoing is a true copy of Zoning By-law No. ______ as enacted by the
Council of the Corporation of the Town of Cobalt, on the 20TH day of SEPTEMBER , 2022.
CLERK: ____________________