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ZONING BY-LAW
TOWNSHIP OF COLEMAN
PN: 0713
DRAFTED: 30 August 2001
REVISED: 31 July 2002
10 July 2003
15 January 2004
15 July 2004
1 March 2005
ENACTED: ,;:[AJ)ll 11.,e,y 4.5, :J.. o-titv
THE PLANTARIO GROUP LTD.
EAST YORK, ONTARIO
SECTION
1
2
3
TABLE OF CONTENTS
INTRODUCTION
(1)
Title of By-law
(2)
Scope of By-law
(3)
Interpretation of By-law
(4)
Schedule to By-law
DEFINITIONS
GENERAL PROVISIONS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
1 March 2005
15 July 2004
Accessory Uses
Access Regulations
Addition to or Change of Existing Use
Construction Uses
Dwelling Units
Group Home
Height Exceptions
Home Industries and Rural Home Occupations
Home Occupations and Home Professions
Illumination
Lanes as Yards
Lots Containing More Than One Use
Lots Divided Into More Than One Zone
Lots Reduced by Road Construction
Non-Complying Buildings, Structures and Lots
Non-Conforming Buildings and Structures
Obnoxious Uses
Occupancy of Partially Completed
Dwelling Houses
Parking Area Regulations
Planting Strips
Public Uses
Satellite Dishes, Television and Radio Antennae
Sight Triangles
15 January 2004
REVISED: 10 July 2003
i
PAGE
1
1
2
3
4
28
28
29
30
30
30
31
32
32
34
34
34
34
35
35
36
37
37
37
38
39
40
40
SECTION
3
4
5
6
7
8
TABLE OF CONTENTS (Cont'd)
PAGE
GENERAL PROVISIONS Cont'd
(24)
Signs
41
(25)
Special Setbacks and Building Restrictions
41
(26)
Storage of Special Vehicles
43
(27)
Storage of Construction Type Equipment and Vehicles
43
ZONES
(1)
Zone Classification
44
(2)
Zone Symbols
44
(3)
Zone Boundaries
45
(4)
Permitted Uses and Zone Provisions
46
(5)
Special Zones
46
SEWERAGE SERVICE RESIDENTIAL (Rl) ZONE
(1)
Uses Permitted
47
(2)
Zone Provisions
47
WATER SERVICE RESIDENTIAL (R2-F) ZONE
(1)
Uses Permitted
50
(2)
Zone Provisions
50
RURAL SETTLEMENT RESIDENTIAL (R3) ZONE
(1)
Uses Permitted
53
(2)
Zone Provisions
53
SHORELINE RESIDENTIAL (R4) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
55
55
1 March 2005
10 July 2003
REVISED: 31 July 2002
ii
SECTION
8
9
10
11
12
TABLE OF CONTENTS (Cont'd)
SHORELINE RESIDENTIAL (R4) ZONE Cont'd
(3)
Uses Permitted in R4-1 Zones
( 4)
Zone Provisions for R4-1 Zones
(5)
Uses Permitted in R4-2 Zones
(6)
Zone Provisions for R4-2 Zones
(7)
Uses Permitted in R4-3 Zones
(8)
Zone Provisions for R4-3 Zones
(9)
Uses Permitted in R4-4 Zones
( 10)
Zone Provisions for R4-4 Zones
(11)
Uses Permitted in R4-5 Zones
(12)
Zone Provisions for R4-5 Zones
(13)
Uses Permitted in R4-6 Zones
(14)
Zone Provisions for R4-6 Zones
COMMERCIAL/INDUSTRIAL (CMl) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
TOURIST COMMERCIAL (Cl) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
EXTRACTIVE INDUSTRIAL (Ml) ZONE
( 1)
Uses Permitted
(2)
Zone Provisions
DISPOSAL INDUSTRIAL (M2) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
iii
PAGE
57
57
58
58
59
59
59
59
60
60
60
60
61
62
64
64
67
67
70
70
SECTION
13
14
15
16
17
18
TABLE OF CONTENTS (Cont'd)
OPEN SPACE (OS) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
ENVIRONMENTAL (EP) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
SENSITIVE (SE) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
RURAL (RU) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
(3)
Uses Permitted in RU-F Zones
(4)
Zone Provisions for RU-F Zones
DEVELOPMENT (DE) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
ADMINISTRATION
(1)
(2)
(3)
(4)
(5)
1 March 2005
15 July 2004
15 January 2004
10 July 2003
Zoning Administrator
Issuance of Permits and Licenses
Requests for Amendments
Inspection
Violations and Penalties
REVIS~D: 31 July 2002
iv
PAGE
72
72
74
74
75
75
76
·77
79
80
82
82
84
84
84
84
85
SECTION
18
19
SCHEDULES
A
TABLE OF CONTENTS (Cont1d)
ADMINISTRATION Cont'd
(6)
Remedies
(7)
Validity
REPEALS AND APPROVALS
1 March 2005
REVISED: 15 July 2004
V
PAGE
85
86
87
FOLLOWING
PAGE
87
THE CORPORATION OF THE TOWNSHIP OF COLEMAN
BY-LAW NO. t).f;,.--;/J I
A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER,
LOCATION AND USE OF BUILDINGS AND STRUCTURES
IN THE TOWNSHIP OF COLEMAN
WHEREAS the Planning Act, R.S.O. 1990, as amended, provides that the council of a local
municipality may pass zoning by-laws restricting the use of land and the erecting, locating or
using of buildings and structures;
NOW THEREFORE the Council of the Corporation of the Township of Coleman ENACTS as
follows:
SECTION 1
INTRODUCTION
(1)
TITLE OF BY-LAW
This By-law may be cited as the "Zoning By-law".
(2)
SCOPE OF BY-LAW
(a)
LANDS SUBJECT TO BY-LAW:
The provisions of this By-law shall apply to all lands within the corporate limits of
the Township of Coleman.
(b)
CONFORMITY WITH BY-LAW:
No building or structure shall hereafter be erected, altered or located, nor shall the
use of any building, structure or lot hereafter be changed, in whole or in part,
except in conformity with the provisions of this By-law.
(c)
EXISTING USE CONTINUED:
Nothing in this By-law shall prevent the use of any land, building or structure for
any purpose prohibited by this By-law if such land, building or structure was
1
SECTION 1 (2)(c)
INTRODUCTION
lawfully used for such purpose on the date of passing of this By-law, so long as it
continues to be used for that purpose.
(d)
BUILDING PERMIT ISSUED:
Nothing in this By-law shall prevent the erection or use of any building or structure
for a purpose prohibited by this By-law where a permit has been issued under
Section 5 of the Building Code Act, S.O. 1992, as amended, prior to the day of
passing of this By-law provided:
(i)
when the building or structure is erected, it shall be used and shall continue
to be used for the purpose for which the building permit was issued;
(ii)
the erection of such building or structure is commenced within 6 months of
the date of passing this By-law and provided the erection of such building
or structure is completed within 18 months after the erection thereof is
commenced; and
(iii)
such permit has not been revoked under Section 6, of the Building Code
Act, S.O. 1992, as amended.
(e)
COMPLIANCE WITH OTHER RESTRICTIONS:
This By-law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a governmental authority having jurisdiction to make such restrictions.
(3)
INTERPRETATION OF BY-LAW
(a)
SINGULAR AND PLURAL WORDS:
In this By-law, unless the context requires otherwise, words used in the singular
number include the plural and words used in the plural include the singular
number.
(b)
SHALL IS MANDATORY:
In this By-law, the word "shall" is mandatory.
REVISED: 1 March 2005
2
C
SECTION 1(3)(c)
INTRODUCTION
(c)
USED AND OCCUPIED:
In this By-law, unless the context requires otherwise, the word "used", shall
include "designed to be used" and "arranged to be used" and the word "occupied"
shall include "designed to be occupied" and "arranged to be occupied".
(d)
BUil.,DING, STRUCTURE AND USE CLASSIFICATION:
In this By-law, all buildings, structures and uses named as permitted uses and
classified under the headings "RESIDENTIAL USES" or "NON-RESIDENTIAL
USES" may be referred to as Residential or Non-Residential buildings, structures,
or uses respectively.
(4)
SCHEDULE TO BY-LAW
The following Schedule, which is attached hereto, and the information shown on such
schedule shall form part of the by-law to the same extent as if included therein:
SCHEDULE A - ZONE MAP
Each of the Zone Maps, attached to the By-law, is designated as Schedule A. Each Zone
Map has been given a map number which corresponds to a specific geographic area as
follows:
ZONE MAP NO.
1
2
15 July 2004
15 January 2004
REVISED: 31 July 2002
GEOGRAPHIC AREA
Township, excluding the detailed areas
Detailed Areas
3
SECTION2
DEFINITIONS
In this By-law, unless the context requires otherwise, the following definitions shall apply:
(1)
ALTER, when used in reference to a building, structure or part thereof, means:
to change any one or more of the external dimensions of such building or structure; or
to change the type of construction of the exterior walls or roof of such building or
structure; or
to change the use of such building or structure; or
to change the number of uses or dwelling units contained therein.
"Alter", when used in reference to a lot, means:
to change the boundary of such lot with respect to a street or lane; or
to change any dimension or area, relating to such lot, which is covered herein by a zone
provision; or
to change the use of such lot; or
to change the number of uses located thereon.
"Altered" and "alteration" shall have corresponding meanings.
(2)
AUTOMOBILE SERVICE STATION, means an establishment primarily engaged in
the retail sale of fuels or lubricants for motor vehicles or recreational vehicles. Accessory
uses may include the sale of motor vehicle or recreational vehicle accessories and minor
maintenance or repair operations for such vehicles, other than bodywork or painting.
If any vehicle, other than a private automobile, a tow truck or similar service vehicle,
is kept on the premises of the establishment, except while awaiting repair, maintenance
or sale, then such establishment shall be classified as a commercial garage.
(3)
BALCONY, means a partially enclosed platform attached to or extending horizontally
from one or more main walls of a building and used as an outdoor porch or sundeck
4
C
C
SECTION 2(4)
DEFINITIONS
(4)
BODY SHOP, means a building or premises used for the painting or repairing of motor
vehicle bodies, exteriors or undercarriages. Accessory uses may include a towing service
and the rental of motor vehicles to customers whose motor vehicles are being repaired.
This definition shall not include a salvage yard as defined herein.
(5)
BUILDING, means any structure, consisting of walls and a roof, which is used for
shelter, accommodation or enclosure of persons, animals, equipment, goods or materials.
(6)
(7)
(8)
(a)
ACCESSORY BUILDING, means a detached building which is incidental,
subordinate and exclusively devoted to a main building or main use and located on
the same lot therewith.
(b)
MAIN BUILDING, means the building which contains the principal use of the lot
on which such building is located.
BUILDING AREA, means that portion of the lot area of a lot permitted to be covered
by one or more building envelopes.
BUILDING BY-LAW, means any by-law of the Corporation passed pursuant to the
Building Code Act, S.O. 1992, as amended.
BUILDING ENVELOPE, means the total horizontal area of a building calculated by
perpendicular projection onto a horizontal plane. This definition shall not include:
sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters or similar
ornamental structure unless such structure projects more than 1.0 metre horizontally from
an exterior wall of the building; or
unenclosed porches, balconies or steps unless such structure projects more than 2.0
metres horizontally from an exterior wall of the building.
A swimming pool shall be considered as part of the building envelope.
REVISED: 1 March 2005
5
SECTION 2(9)
DEFINITIONS
(9)
BUILDING HEIGHT, means the vertical distance between the finished grade of the lot
on which the building is situated and the highest point of the building proper.
(10)
BUILDING PERMIT, means a permit required by the Building By-law.
(11)
BUILDING SEPARATION, means the least horizontal distance permitted between the
nearest portions of any building envelopes on a lot.
(12)
BUILDING SETBACK, means the least horizontal distance permitted between a lot line
of a lot and the nearest portion of any building envelope or excavation on such lot.
(a)
FRONT BUILDING SETBACK, means the building setback on a lot measured
from each front lot line of such lot.
(b)
FLANK BUILDING SETBACK, means the building setback on a lot measured
from each flank lot line of such lot.
(
(c)
REAR BUILDING SETBACK, means the building setback on a lot measured
from each rear lot line of such lot.
(d)
SIDE BUILDING SETBACK, means the building setback on a lot measured from
each side lot line of such lot.
(13)
BUILDING SUPPLY OUTLET, means an establishment engaged in the selling or
installing of building supplies including lumber, millwork, siding, roofing, plumbing,
electrical, heating, air conditioning and similar items. This definition shall not include
any establishment otherwise defined herein, or specifically named elsewhere, in this By-
law.
(14)
BULK STORAGE TANK, means a tank for the bulk storage of petroleum, petroleum
products, chemicals, gases or similar substances. This definition shall not include a
storage tank which is accessory to another use on the lot where such tank is located.
6
(_
SECTION 2(15)
DEFINITIONS
(15)
BUSINESS OFFICE, means a building or part of a building where one or more persons
are employed in administering, directing, managing or conducting the affairs of a private
enterprise. This definition shall not include any manufacturing operation or any premises
used for repairing equipment, goods, materials or vehicles.
(16)
CAMPGROUND, means an open area provided for the use of outdoor camping in tents
or similar facilities. This definition shall not include a tourist camp or mobile home
park.
(17)
CARPORT, means a roofed structure, supported by columns, piers or not more than two
walls, which is used for the sheltering of permitted vehicles.
(18)
CEMETERY, means land that is set apart or used as a place for the interment of the
dead, or in which human bodies have been buried. "Cemetery" may include a structure
for the purpose of cremation of human remains and may include facilities for storing
ashes of human remains that have been cremated, or the interment of the dead in sealed
crypts or compartments.
(19)
CHIEF BUILDING OFFICIAL, means the employee appointed by Council for the
purpose of enforcing the Building By-law.
(20)
CLUB, means a building or premises used as an athletic, recreational, service or social
club. This definition may include the premises of a fraternal organization.
(21)
COMMERCIAL GREENHOUSE, means a building used for the growing of flowers,
vegetables, shrubs, trees and similar vegetation for wholesale or retail sale.
This
definition shall not include any premises used for the growing of mushrooms.
(22)
CONVENIENCE STORE, means an establishment where food, tobacco, drugs,
periodicals or similar items of household necessity are kept for retail sale.
REVISED: 1 March 2005
7
SECTION 2(23)
DEFINITIONS
(23)
CORPORATION, means the Corporation of the Township of Coleman.
(24)
COUNCIL, means the Council of the Corporation of the Township of Coleman.
(25)
DETACHED, when used in reference to a building, means a building which is not
dependent on any other building for structural support or enclosure.
(26)
DRIVEWAY, means an unobstructed passageway used to provide vehicular access to a
lot from a street or lane.
(27)
DRIVEWAY SETBACK, means the least horizontial distance permitted between a lot
line of a lot and the nearest portion of any driveway on such lot.
(28)
DWELLING HOUSE, means a detached building occupied or capable of being occupied
as the home or residence of one or more persons. This definition shall not include any
part of any vehicle as defined herein.
(a)
ACCESSORY DWELLING HOUSE, means a single detached dwelling house
which is accessory to a permitted Non-Residential use and is occupied either by the
owner of such Non-Residential use or by a family of a person, or person employed
on the lot where such dwelling house is located.
(b)
APARTMENT BUILDING, means a dwelling house containing three or more,
but not more than five, separate dwelling units. This definition may include a
senior citizen's apartment building, but shall not include any dwelling house
otherwise defined herein or specifically named elsewhere in this By-law.
(c)
BOARDING HOUSE, means a dwelling house, erected prior to the date of
passing of this By-law, which contains not more than three guest rooms wherein,
for gain or profit, lodgings, with or without meals, are provided to the public.
1 March 2005
REVISED: 10 July 2003
8
(
(
C
SECTION 2(28)(d)
DEFINITIONS
(d)
DUPLEX DWELLING HOUSE, means the whole of a dwelling house divided
horizontally into two separate dwelling units, each such dwelling unit having an
independent entrance either directly from outside the building or through a
common vestibule.
(e)
GROUP HOME, means the use of a dwelling house for a residential care facility
accommodating up to ten (10) persons, excluding resident staff, who, by reason of
their emotional, mental, social or physical condition, require specialized residential
care in a group living arrangement, as licensed or approved by the applicable
Provincial agency.
(t)
MOBILE HOME, means a prefabricated building, designed to be transported on
its own chassis (notwithstanding that its running gear is or may be removed), or by
other means, and designed and equipped for year-round occupancy. This definition
shall not include any tourist vehicle nor any trailer which has a gross floor area of
less than 30.0 square metres.
(g)
MODULAR DWELLING HOUSE , means a prefabricated single-detached
dwelling house being so constructed or assembled that the shortest side of such
dwelling house is not less than 6.1 metres in width.
(h)
SEASONAL DWELLING HOUSE, means a dwelling house, containing only one
dwelling unit, which is constructed and used as a secondary place of residence, for
seasonal vacation and recreational purposes and not as a principal residence of the
owner or occupant thereof.
(i)
SEMI-DETACHED DWELLING HOUSE, means the whole of a dwelling house
divided vertically by a common wall, above the finished grade, into two separate
dwelling units, each such dwelling unit having an independent entrance either
directly from outside the building or through a common vestibule.
G)
SINGLEDETACHEDDWELLINGHOUSF;meansadwellinghousecontaining
only one dwelling unit.
1 March 2005
REVISED: 15 July 2004
9
SECTION 2(29)
DEFINITIONS
(29)
DWELLING UNIT, means a suite of two or more habitable rooms occupied by not
more than one household unit, in which sanitary conveniences are provided and in which
facilities are provided for cooking or for the installation of cooking equipment, and with
an independent entrance either directly from outside the building or through a common
corridor or vestibule inside the building. This definition shall not include any part of any
vehicle as defined herein.
(a)
ACCESSORY DWELLING UNIT, means a dwelling unit which is part of, and
accessory to, a permitted Non-Residential building other than a service station or
a commercial garage. Such dwelling unit shall be occupied either by the owner of
such Non-Residential building or by a person employed on the premises where
such dwelling unit is located.
(30)
ENTRANCE, when used with reference to a lot, means the area of intersection between
a driveway and a street line.
(31)
ENTRANCE SEP ARA TI ON, means the least horizontal distance permitted between the
nearest portions of any entrances on the lot.
(32)
ENTRANCE SETBACK, means the least horizontal distance permitted between an
intersection of street lines and the nearest portion of any entrance, measured along the
street line.
(33)
ENTRANCE WIDTH, means the horizontal distance permitted between the extremities
of an entrance, measured along the street line.
(34)
ERECT, means to build, construct, place, reconstruct or relocate and, without limiting
the generality of the word, also includes:
any preliminary operation such as excavating, filling or draining;
altering any existing building or structure by an addition, enlargement, extension or other
structural change; and
10
SECTION 2(34)
DEFINITIONS
any work which requires a building permit.
"Erected" and "erection" shall have corresponding meanings.
(35)
EXISTING, means existing on the date of passing of this By-law.
(36)
FARM, means the use of lands, buildings or structures for the raising of livestock and
other animals for food, or fur, including poultry and fish; aquaculture; agro-forestry;
maple syrup production, and for the growing of crops, including nursery and
horticultural crops, turf grass, greenhouse crops and mushrooms. Woodlots and the
raising or boarding of dogs or cats are also permitted.
(37)
FINISHED GRADE, means the median elevation between the highest and lowest points
of the finished surface of the ground (measured at the base of a building or structure),
but exclusive of any embankment in lieu of steps.
(38)
FLOOD PLAIN, means the area below the high water mark of a waterbody.
(39)
FLOOR AREA, means the horizontal area of a storey, measured between the exterior
faces of the exterior walls at the floor level of such storey.
(a)
DWELLING UNIT AREA, means the aggregate of the floor areas of all habitable
rooms in a dwelling unit, excluding the thickness of any exterior walls.
(b)
GROSS FLOOR AREA, means the aggregate of all floor areas of a building or
structure.
(c)
GROUND FLOOR AREA, means the floor area of the first storey of a dwelling
unit, excluding any portion of such first storey which is not a habitable room and
which has no habitable room, or portion thereof, located thereover.
(40)
FORESTRY USE, means the management, development and cultivation of timber
resources.
11
SECTION 2(41)
DEFINITIONS
(41)
FUEL PUMP ISLAND, means a structure which is an accessory use intended to provide
fuel for vehicles.
(a)
FUEL PUMP ISLAND, PRIVATE, means a fuel pump island used to dispense
fuel solely to vehicles owned or leased by the occupant of the lot where such fuel
pump island is located. This definition shall not include a service station or any
other facility for the sale of fuels.
(42)
GARAGE, COMMERCIAi,, means an establishment or premises where vehicles owned
by the general public are repaired or maintained.
(43)
GARAGE, MAINTENANCE, means an establishment or premises where vehicles
owned or leased by the occupant of such premises are repaired or maintained.
(44)
GARAGE, PRIVATE, means an accessory building or portion of a dwelling house
which is fully enclosed and used for the sheltering of permitted vehicles. This definition
shall not include a carport or other open shelter.
(45)
GRAVEL PIT, means any open excavation made for the removal of any soil, earth,
clay, marl, sand, gravel or unconsolidated rock to supply such material for construction,
industrial or manufacturing purposes. This definition shall not include:
any excavation incidental to the erection of a building or structure for which a building
permit has been issued;
any excavation incidental to the construction of any public works;
any asphalt plant, cement manufacturing plant or concrete batching plant; and
any wayside pit as defined herein.
(46)
GUEST ROOM, means a room or suite of rooms which contains no facilities for
cooking and which is used or maintained, for gain or profit, by providing
accommodation to the public.
12
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SECTION 2(47)
DEFINITIONS
(47)
HABITABLE ROOM, means a room designed to provide living, dining, sleeping or
kitchen accommodation for persons. This definition may include a bathroom, den,
library or enclosed sun room, but shall not include any private garage, carport, porch,
verandah, unfinished attic, unfinished basement or unfinished cellar.
(48)
IDGH WATER MARK , means the mark made by the action of water under natural
conditions on the shore or bank of a body of water, which action has been so common
and usual and continued so long that it has created a difference between the character of
the vegetation or soil on one side of the mark and the character of the vegetation or soil
on the other side.
(49)
HOME INDUSTRY, means a use accessory to a permitted residential use which may
include a carpentry shop, a craft shop, a metal working shop, a plumbing shop, an
electrical shop, a welding shop, a storage building for school buses, boats or recreational
vehicles, or similar uses.
(50)
HOME OCCUPATION, means any occupation conducted for gain or profit within a
dwelling unit. This definition may include dressmaking; hairdressing; instruction in arts,
crafts, dancing or music to not more than six pupils at any one lesson; molding; painting;
sculpting; weaving; or the making or repairing of garden or household ornaments,
clothing, personal effects or toys.
(51)
HOME OCCUPATION, RURAL, means any occupation conducted for gain or profit
as an accessory use on a permitted farm. This definition may include a retail outlet for
farm supplies or farm produce, a produce grading station or a merchandise service shop.
(52)
HOME PROFESSION, means any profession practised within a dwelling unit. This
definition may include the offices of an accountant, architect, auditor, dentist, drugless
practitioner, engineer, insurance agent, land surveyor, lawyer, medical practitioner,
notary, realtor, or town planner.
REVISED: 31 July 2002
13
SECTION 2(53)
DEFINITIONS
(53)
HOUSEHOLD UNIT, means one or more human beings living together as a single
housekeeping unit. This definition may also include domestic servants and not more than
two roomers or boarders. This definition shall not include a group home.
(54)
HUNT CAMP, means a building used as a temporary base for hunting, fishing or
trapping activities.
(55)
LANDSCAPING AREA, means that portion of the lot area of a lot required for the
growth and maintenance of grass, flowers, bushes, trees and other landscaping, including
planting strips. This definition may include any surfaced walk, surfaced patio, play
facility or similar area, but shall not include any driveway or ramp (whether surfaced or
not) or any curb, retaining wall, parking area or any open space beneath or within a
building or structure.
(56)
LANE, means a public thoroughfare, whether or not improved for use, which has a
right-of-way width of 10.0 metres or less and which affords only a secondary means of
access for vehicular traffic to abutting lots and which is not intended for general traffic
circulation.
(57)
LOT, means a parcel of land which is capable of being legally conveyed in accordance
with the provisions of the Planning Act.
(a)
CORNER LOT , means a lot having four or fewer lot lines and situated at the
intersection of two street lines which contain an angle of not more than 135
degrees. Where such street lines are curved, the angle of intersection of the street
lines shall be deemed to be the angle formed by the intersection of the tangents to
the street lines, drawn through the extremities of the side lot lines. In the latter
case, the corner of the lot shall be deemed to be that point on the street line nearest
to the point of intersection of the said tangents.
(b)
EXISTING LOT, means a lot which, on the date of passing of this By-law, was
capable of being legally conveyed in accordance with the Planning Act.
1 March 2005
15 January 2004
REVISED: 31 July 2002
14
(
SECTION 2(57) (c)
DEFINITIONS
(c)
FULLY SERVICED LOT, means a lot which is served by a public water system
and a public sanitary sewer system.
(d)
INTERIOR LOT, means a lot, other than a comer lot or a through lot, which has
street access, but has no water access.
(e)
MOBILE HOME LOT, means a lot used for the placement of a mobile home in
a mobile home park.
(0
PARTLY SERVICED LOT, means a lot which is served by a public water system
only, or a public sanitary sewer system only.
(g)
ST AND ARD WATERFRONT LOT, means a lot which has water access on one
shoreline and has a lot area of less than one hectare.
(h)
THROUGH LOT, means a lot, other than a comer lot, which has street access on
two or more street lines, but has no water access.
(i)
TOURIST CAMP LOT, means a parcel of land within a campground or a tourist
camp occupied by a tent, a tourist trailer or tourist vehicle.
(i)
UNSER VICED LOT, means a lot which is not served by a public water system
or a public sanitary sewer system.
(58)
LOT AREA, means the total horizontal area within the lot lines of a lot, excluding the
horizontal area of any flood plain located on such lot.
(59)
LOT FRONTAGE, means, in the case of a corner lot, an interior lot or a through lot,
the horizontal distance between the two lot lines which intersect the front lot line of a lot,
such distance being measured along a line which is parallel to the front lot line and
distant from the front lot line a distance equal to the minimum front building setback
required herein for the specified use in the zone where such lot is located. In the case
of a standard waterfront lot, "lot frontage" means the straight line horizontal distance
between the two most widely separated points on the front lot line.
1 March 2005
REVISED: 31 July 2002
15
SECTION 2(60)
DEFINITIONS
(60)
LOT LINE, means any boundary of a lot or the vertical projection thereof.
(a)
FRONT LOT LINE, means, in the case of an interior lot, the lot line dividing the
lot from the street. In the case of a comer lot, the shorter lot line abutting a street
shall be deemed to be the front lot line, except where the lot lines abutting a street
are the same length, then the lot line used for the principal entrance to the lot shall
be deemed to be the front lot line. In the case of a through lot, the lot line used
for the principal entrance to the lot shall be deemed to be the front lot line. In the
case of a standard waterfront lot, the shoreline shall be deemed to be the front lot
line.
(b)
FLANK LOT LINE, means any lot line other than a front lot line which is also
a street line.
(c)
REAR LOT LINE, means any lot line which is not a front lot line, a flank lot line
or a side lot line.
(
(d)
SIDE LOT LINE, means a lot line which intersects a front lot line or a flank lot
line provided that, if any side lot line or portion thereof is the rear lot line of an
(
abutting lot, such lot line or portion thereof shall be deemed to be a rear lot line.
(61)
MARINE FACILITY, means a building or structure which is used to place a boat into,
or take a boat out of, a waterbody; or to moor, to berth or to store a boat. This
definition may include a boat launching ramp, boat lift, dock or boathouse, but excludes
any boat service, repair or sales facility, or building or portion thereof being used for
human habitation.
(62)
MINING INDUSTRIAL, means the extraction of minerals and the processing of those
raw materials extracted from the ground and may include smelting, or any other form of
processing.
(63)
MOBILE HOME PARK, means land which has been provided and designed for the
location thereon of 2 or more occupied mobile homes.
1 March 2005
15 January 2004
REVISED: 31 July 2002
16
SECTION 2(64)
DEFINITIONS
(64)
MOBILE HOME STAND, means that part of a mobile home lot which is reserved for
the placement of an individual mobile home.
(65)
MUNICIPAL YARD, shall mean any land and buildings owned by the Municipality,
or any local board or commission, and used for the storage, maintenance and repair of
equipment used in connection with civic works and/or for the storage of materials and
supplies used to repair or maintain municipal infrastructure.
(66)
NON-COMPLYJNG, when used in reference to a lot, building or structure, means a lot,
building or structure which does not comply with one or more of the zone provisions of
the zone in which such lot, building or structure is located.
(67)
NON-CONFORMING, when used in reference to a use, building or structure, means
a use, building or structure which is not a permitted use in the zone where such use,
building or structure is located.
(68)
NOXIOUS USE, means a use which, by it nature or the materials used or produced
therein, is declared to be a noxious trade, business or manufacturer, or a noxious use as
defined in the Health Protection and Promotion Act, as amended.
(69)
OPEN STORAGE AREA, means land used for the outside storage of equipment, goods
or materials. This definition shall not include a storage use located in a building, a
salvage yard, a vehicle agency, a parking area, or a parking space.
(70)
PARK, means an area, cons1stmg largely of open space, which may include a
recreational area, trails, playground, playfield or similar use, but shall not include a
mobile home park or tourist camp.
1 March 2005
15 January 2004
REVISED: 31 July 2002
17
SECTION 2(70)(a)
DEFINITIONS
(a)
PUBLIC PARK, means a park owned or operated by the Corporation, any local
board of the Corporation or any Authority, Board, Commission or Ministry
established under any statute of Ontario or Canada.
(b)
PRIVATE PARK, means a park other than a public park.
(71)
PARKING AREA, means an area or structure provided for the parking of motor
vehicles and includes any related driveways and parking spaces, but shall not include any
part of a street or lane. This definition may include a carport or private garage.
(72)
PARKING LOT, means any parking area other than a parking area which is accessory
to a permitted use and located on the same lot therewith.
(73)
PARKING SPACE, means a portion of a parking area, exclusive of any driveways,
which may be used for the temporary parking or storage of a motor vehicle.
(74)
PERMITTED, means permitted by this By-law.
(75)
PERMITTED USE, means a use which is permitted in the zone where such use is
located.
(76)
PERSON, means any human being, association, firm, partnership, corporation, agent
or trustee, and the heirs, executors or other legal representatives of a person to whom the
context can apply according to law.
(77)
PLACE OF WORSHIP, means a building owned or occupied by a religious
congregation or religious organization dedicated exclusively to worship and other
religious activities. Accessory uses may include a hall, auditorium or Sunday school.
15 January 2004
REVISED: 31 July 2002
18
C
C
SECTION 2(78)
DEFINITIONS
(78)
PLANTING STRIP, means an area which shall be used for no purpose other than
planting a row of trees or a continuous unpierced hedgerow of evergreens or shrubs, not
less than 1.5 metres high, immediately adjacent to the lot line or portion thereof along
which such planting strip is required herein. The remainder of such planting strip shall
be used for no purpose other than planting trees, shrubs, flowers, grass or similar
vegetation.
(79)
PLANTING STRIP WIDTH, means the least horizontal dimension of a planting strip
measured perpendicularly to the lot line abutting such planting strip.
(80)
PRIVATE HOME DAY CARE, means the temporary care and custody, for reward or
compensation, of five children or less who may not be of common parentage, where such
care is provided in a private residence for a continuous period not exceeding 24 hours.
(81)
PUBLIC USE, means a building, structure or lot used for public services by the
Corporation, any local board of the Corporation, any Authority, Board, Commission or
Ministry established under any statute of Ontario or Canada, any telephone or telegraph
company, any public utility corporation or any railway company authorized under the
Canada Transportation Act, S.C. 1996, as amended.
(82)
RESTAURANT, means a building or part of a building where food is offered for sale
or sold to the public for immediate consumption in the dining room of such building or
for consumption off the premises.
(83)
RETAIL STORE, means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered or kept for retail sale to the public.
This definition shall not include any establishment otherwise defined herein or
specifically named elsewhere in this By-law.
1 March 2005
15 January 2004
REVISED: 31 July 2002
19
SECTION 2(84)
DEFINITIONS
(84)
SALVAGE YARD, means an establishment or premises where bones, bottles, hides,
junk, rags, scrap metals, wrecked vehicles or parts therefrom are stored wholly or partly
in the open.
(85)
SATELLITE SIGNAL BROADCAST OR RECEIVING DISH, shall mean any device
used or intended to be used to send or receive signals to or from satellites.
(86)
SCHOOL, means a school under the jurisdiction of a Board as defined in the Education
Act, as amended.
(87)
SEW AGE TREATMENT FACILITY, means a building or structure, approved by the
Ministry of the Environment, where domestic and/or industrial waste is treated.
(88)
SEWER SYSTEM, SANITARY, means a system of underground conduits, operated
by the Corporation or by the Ministry of the Environment, which carries sewage to an
approved sewage treatment facility.
(89)
SHORELINE, means any lot line or portion thereof which abuts a waterbody.
(90)
SIGHT TRIANGLE, means the triangular space on a lot formed by two intersecting
street lines and a line drawn from a point in one street line across such lot to a point in
the other street line, each such point being a distance from the point of intersection of the
street lines (measured along the street lines). 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.
1 March 2005
15 January 2004
REVISED: 31 July 2002
20
(
SECTION 2(91)
DEFINITIONS
(91)
SIGN, means a name, identification, description, device, display or illustration which
is affixed to, or represented directly or indirectly upon a building, structure or lot, and
which directs attention to an object, product, place, activity, person, institute,
organization or business.
(a)
LEGAL SIGN, means a sign which complies with the Sign By-law of the
Corporation.
(92)
STONE QUARRY, means any open excavation made for the removal of any limestone,
sandstone, shale or consolidated rock to supply such material for construction, industrial
or manufacturing purposes. This definition shall not include:
any excavation incidental to the erection of a building or structure for which a building
permit has been issued;
any excavation incidental to any public works;
any asphalt plant, cement manufacturing plant or concrete batching plant; and
any wayside quarry as defined herein.
(93)
STOREY, means that portion of a building or structure between any floor level of such
building or structure and the floor, ceiling or roof next above such floor level.
(a)
ATTIC, means that portion of a building situated wholly or partly within the roof,
but which is not a one-half storey.
(b)
BASEMENT, means any storey below the first storey which is at least 50% above
finished grade (measured from finished floor to finished ceiling).
(c)
CELLAR, means any storey below the first storey which is more than 50% below
finished grade (measured from finished floor to finished ceiling).
1 March 2005
15 January 2004
REVISED: 31 July 2002
21
SECTION 2(93)(d)
DEFINITIONS
(d)
FIRST STOREY, means the storey with its floor closest to finished grade and
having its ceiling at least 1. 5 metres above finished grade.
(e)
ONE-HALF STOREY, means that portion of a building situated wholly or partly
within the roof and in which there is a vertical dimension of at least 2.0 metres
(measured from finished floor to finished ceiling) over a floor area equal to at least
50 % of the floor area of the storey next below.
(f)
SECOND STOREY , means that portion of a building situated above the first
storey and in which there is a vertical dimension of at least 2.0 metres (measured
from finished floor to finished ceiling) over a floor area equal to at least 75 % of
the floor area of the storey next below.
(94)
STREET, means a public thoroughfare under the jurisdiction of either the Corporation
or the Province of Ontario. This definition shall not include a lane, a private right-of-
way, or a registered right-of-way.
"Street allowance" shall have a corresponding meaning.
(a)
IMPROVED ROAD, means a street defined herein as a "Provincial Highway" or
a "Township Road" which is maintained on a year-round basis and shown on
Schedule A hereto.
An improved street may also include a private road which has been designated in
the Township Official Plan document as an exception to the access provisions of
the Plan.
(b)
PROVINCIAL HIGHWAY, means Highway Nos. 11 and llB.
(c)
TOWNSHIP ROAD, means a street, other than a street under the jurisdiction of
the Province of Ontario.
(d)
UNIMPROVED ROAD, means a street defined herein as a "Township Road"
which is not maintained on a year-round basis and shown on Schedule A hereto.
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
22
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SECTION 2(95)
DEFINITIONS
(95)
STREET ACCESS, means, when referring to a lot, that such lot has a lot line or portion
thereof which is also a street line.
(96)
STREET LINE, means the limit of a street allowance and is the dividing line between
a lot and a street.
(97)
STREET SETBACK , means the least horizontal distance required between the
centreline of a street allowance and the nearest part of any building envelop or excavation
on a lot (measured at right angles to such centreline).
(98)
STRUCTURE, means anything constructed or erected, the use of which requires
location on or in the ground, or attached to something having location on or in the
ground. This definition shall include a private sewerage system.
(99)
TOURIST CAMP, means any land used to provide temporary accommodation for the
public or members of an organization, in tents, tourist trailers, tourist vehicles or cabins,
whether or not a fee is charged or paid for such accommodation.
(100)
TOURIST ESTABLISHMENT, means a building or buildings designed or used for the
accommodation of the travelling or vacationing public.
(a)
LODGE, means a tourist establishment containing therein five or more guest
rooms served by a common building entrance while additional guest rooms may
have separate entrances directly from outside the building. Accessory uses may
include rental cabins, accommodation for permanent staff and one or more
beverage rooms, dining rooms, meeting rooms or similar uses.
1 March 2005
15 January 2004
.10 July 2003
REVISED: 31 July 2002
23
SECTION 2(100)(b)
DEFINITIONS
(b)
MOTEL, means a tourist establishment containing therein five or more guest
rooms, each guest room having a separate entrance directly from outside the
building. Accessory uses may include accommodation for permanent staff and one
or more beverage rooms, dining rooms, meeting rooms or similar uses.
(c)
RENTAL CABIN OR RENTAL COTTAGE, means a tourist establishment
designed to accommodate one household unit in a detached building.
(101)
TOURIST TRAILER, means a trailer capable of being used for the temporary living,
sleeping or eating accommodation of persons (notwithstanding that its running gear is or
may be removed).
(102)
TOURIST VEIDCLE, means a self-propelled vehicle capable of being used for the
temporary living, sleeping or eating accommodation of persons. This definition may
include a bus, motor home, truck or van.
(103)
TRAILER, means any vehicle designed to be towed by a motor vehicle.
(104)
USE, when used as a noun, means the purpose for which a lot, building or structure, or
any combination thereof, is designed, arranged, occupied or maintained.
"Uses" shall have a corresponding meaning.
"Use" (when used as a verb), "used" and "to use" shall have corresponding meanings.
(a)
ACCESSORY USE, means a use which is incidental, subordinate and exclusively
devoted to a main building, main structure or main use and located on the same lot
therewith.
(b)
MAIN USE, means the principal use of a lot.
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
24
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SECTION 2(105)
DEFINITIONS
(105)
VEGETATION STRIP, means a naturally vegetated strip of land devoted exclusively
to the provision of a visual amenity and a physical barrier between a waterbody and a
building or structure constructed on a lot where such strip is required. It shall be
permissible to interrupt the strip for a walkway between the waterbody and building or
structures on the lot.
(106)
VEIDCLE, means an all-terrain vehicle, automobile, a boat, a commercial motor
vehicle, a farm implement, a motorcycle, a snowmobile, a truck, a tourist vehicle or a
trailer.
(107)
WAREHOUSE, means a building or part of a building used only for the bulk storage
of goods, wares, merchandise or materials and accessory office space and shall include
a wholesale establishment.
(108)
WATER ACCESS, means, when referring to a lot, that such lot has a lot line or portion
thereof which is also a shoreline.
'
(109)
W ATERBODY, means any bay, lake, natural watercourse or canal, other than a
drainage ditch or irrigation channel.
(110)
WATER SETBACK, means the straight line horizontal distance from a high water mark
of a waterbody to the nearest part of any excavation, building, structure or open storage
area on the lot.
(111)
WATER SUPPLY PLANT, means a building or structure, approved by the Ministry
of the Environment, where water is treated for human consumption.
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
25
SECTION 2(112)
DEFINITIONS
(112)
WATER SYSTEM, PUBLIC, means a distribution system of underground piping and
related storage, including pumping and purification appurtenances, owned and operated
by the Corporation or by the Ministry of the Environment.
(113)
WAYSIDE PIT, means a temporary open excavation made for the removal of any soil,
earth, clay, marl, sand, gravel or unconsolidated rock, opened and used by a public
authority solely for the purpose of a particular project or contract of construction.
(114)
WAYSIDE QUARRY, means a temporary open excavation made for the removal of any
limestone, sandstone, shale or consolidated rock, opened and used by a public authority
solely for the purpose of a particular project or contract of construction.
(115)
YARD, means a space, appurtenant to a building, structure or excavation, located on the
same lot as the building, structure or excavation, and which space is open, uncovered and
(
unoccupied from the ground to the sky except for such accessory buildings, structures
(
or uses as are specifically permitted.
(a)
FRONT YARD, means a yard located between the front lot line and the nearest
part of any excavation or main building on the lot and extending across the full
width of the lot.
(b)
FLANK YARD, means a yard located between a flank lot line and the nearest part
of any excavation or main building on the lot and extending for the full length of
such flank lot line, but excluding any front yard.
(c)
REAR YARD, means a yard located between a rear lot line and the nearest part
of any excavation or main building on the lot and extending for the full length of
such rear lot line, but excluding any front yard or flank yard.
(d)
SIDE YARD, means a yard located between a side lot line and the nearest part of
any excavation or main building on the lot and extending for the full length of such
side lot line, but excluding any front yard, flank yard or rear yard.
I March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
26
SECTION 2(116)
DEFINITIONS
(116)
ZONE, means a designated area of land use shown on Schedule A hereto and includes
any special zone used in this By-law.
(117)
ZONE PROVISION, means any provision of this By-law which is listed under the
heading "ZONE PROVISIONS" and includes anything contained in Section 3 hereof
which is applicable to the zone or use.
(118)
ZONED AREA, means all the lands within the corporate limits of the Township of
Coleman.
(119)
ZONING ADMINISTRATOR, means the officer or employee of the Corporation
charged with the duty of enforcing the provisions of this By-law.
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
27
SECTION3
GENERAL PROVISIONS
(1)
ACCESSORY USES
Any use, building or structure which is accessory to a permitted use in a zone shall be
permitted in such zone, except that none of the following accessory uses shall be permitted
in any zone unless such accessory use is listed as a permitted use in such zone: an
accessory manufacturing use; a building or portion thereof used for human habitation; a
disposal site; a fuel pump island; a private fuel pump island; livestock building; a marine
facility; any occupation for gain or profit conducted within or accessory to a dwelling unit
or accessory to a farm; and an open storage use.
(2)
ACCESS REGULATIONS
No person shall erect any building or structure in any portion of the Zoned Area unless the
lot upon which such building or structure is to be erected front on and has access to an
improved road as defined herein.
(a)
EXISTING LOT:
The above provision shall not apply to an existing lot, created in accordance with
the Planning Act, which does not front on an improved road. For such a lot,
buildings and structures shall be permitted in accordance with the approved use and
the zone provisions for the zone in which the lot is located.
(b)
EXISTING BUILDINGS AND STRUCTURES:
The above provision shall not apply to a lot which lacks frontage on and access to
an improved road, but contains a legally existing building or structure. For such
existing building or structure, their rebuilding or repair shall be permitted in
accordance with Section 3(15) and accessory buildings and structures may be
permitted in accordance with Section 3(1) hereof.
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
28
C
(_
(_
SECTION _J(2)(c)
GENERAL PROVISIONS
(c)
REGISTERED PLAN OF SUBDIVISION:
The above provision shall not apply to a lot on a registered plan of subdivision,
registered subsequent to the date of passing of this By-law for which an
Agreement, containing a provision for municipal assumption and ownership of
roadways, has been signed and registered on title between the developer and the
Corporation.
(d)
EXEMPTION FOR WATERFRONT LOTS:
The above provision shall not apply to a standard waterfront lot as defined herein,
which lacks frontage on and access to an improve road, provided access to water
can be gained and assured over the long term from a public marine facility in the
general vicinity of the lot.
(e)
EXEMPTION FOR HUNTING CAMPS:
The above provision shall not apply to a lot containing a hunting camp use which
lacks frontage on and access to an improved road.
(3)
ADDITION TO OR CHANGE OF EXISTING USE
When a building or structure has insufficient parking spaces, or if the planting or
vegetation strips are not adequate on the date of passing of this By-law to comply with the
requirements herein, this By-law shall not be interpreted to require that the deficiency or
inadequacy be made up prior to the construction of any addition if such addition does not
increase the building area of such building or structure by more than 10%. However, no
addition which increases the building area by more than 10%, and no change of use may
occur if the effect of an addition or change of use would be to increase such deficiency or
inadequacy.
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
29
SECTION 3(4)
GENERAL PROVISIONS
(4)
CONSTRUCTION USES
A building or structure incidental to construction on a lot where such building or structure
is situated shall be permitted in any portion of the Zoned Area, but only for as long as it
is necessary for the work in progress and until the work is completed or abandoned.
"Abandoned" in this subsection means the failure to proceed expeditiously with the
construction work or the failure to undertake any construction work during any continuous
six-month period.
(5)
DWELLING UNITS
(a)
LOCATION IN PRIVATE GARAGE:
(b)
No dwelling unit shall be located in or above a private detached garage.
LOCATION IN CELLAR:
No dwelling unit shall be located in any cellar of any Non-Residential building.
No part of any dwelling unit, except a bedroom, furnace room, laundry room,
recreation room, storage room, washroom or similar room, shall be located in the
cellar of a Residential building.
(c)
LOCATION IN BASE:MENT:
No dwelling unit shall be located in the basement of a Non-Residential building.
A dwelling ~nit may be located in the basement of a Residential building, provided
that the finished floor level of such basement is not more than 1.0 metre below
finished grade.
(6)
GROUP HOME
A group home is only permitted within a detached dwelling house and must be spaced at
least 500 metres from another similar facility.
15 July 2004
15 January 2004
REVISED: 31 July 2002
30
(
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(
SECTION 3(7)
GENERAL PROVISIONS
(7)
HEIGHT EXCEPTIONS
The building height provisions of this By-law shall not apply to the following uses:
an aid to navigation or aviation;
a barn;
a belfry;
a bridge;
a bulk storage tank;
a chimney;
a church spire;
a communications tower;
an electric power facility, other than a building;
a farm implement shed;
a fire tower station;
a flagpole;
a forestry tower;
a mining shaft head;
a piece of heating, cooling or ventilating equipment;
a power transmission tower;
a radio or television antenna;
a railroad signal;
a silo;
a skylight;
a solar panel;
15 July 2004
REVISED: 15 January 2004
31
SECTION 3(7)
a stack;
a water storage tank; and
a windmill.
GENERAL PROVISIONS
(8)
HOME INDUSTRIES AND RURAL HOME OCCUPATIONS
No home industry or rural home occupation shall be permitted in any portion of the Zoned
Area unless such home industry, or rural home occupation, complies with the following
provisions:
(a)
EMPLOYMENT:
Not more than three persons, other than an occupant of the premises, shall be
employed in a home industry or rural home occupation.
(b)
ADVERTISING:
There shall be no external display or advertising, other than a lawful sign, to
indicate to persons outside that any part of the lot is being used for a home industry
or rural home occupation purpose.
(c)
USES PROHIBITED:
No home industry or rural home occupation shall be permitted which interferes
with television or radio reception. As well, the home industry, or rural home
occupation, shall not create or become a public nuisance, in particular, in regard
to noise, traffic or parking.
(9)
HOME OCCUPATIONS AND HOME PROFESSIONS
No home occupation or home profession shall be permitted in any portion of the Zoned
Area unless such home occupation, or home profession, complies with the following
prov1S1ons:
15 July 2004
REVISED: 15 January 2004
32
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SECTION 3(9) (a)
GENERAL PROVISIONS
(a)
SIZE:
Not more than 25 % of the dwelling unit area shall be used for purposes of home
occupation or home profession uses.
(b)
ACCESSORY BUILDING:
No accessory building shall be erected, altered or used for purposes of a home
occupation or home profession.
(c)
SALES OR RENTALS:
On any lot containing a home occupation, there shall be no goods, wares or
merchandise, other than those which are part of the home occupation, offered or
exposed for sale or rent on such premises.
(d)
EMPLOYMENT AND OCCUPANCY:
No person, other than an occupant of the dwelling unit containing the home
occupation or home profession, shall be engaged in the home occupation or home
profession, except that one person, other than an occupant of a dwelling unit
containing a home profession shall be permitted.
(e)
ADVERTISING:
There shall be no external display or advertising, other than a lawful sign, to
indicate to persons outside that any part of the dwelling house or lot is being used
for a purpose other than residential.
(0
OPEN STORAGE AREA:
No part of any lot containing a home occupation or home profession shall be used
as an open storage area accessory to that home occupation or home profession use.
(g)
USES PROHIBITED:
No home occupation or home profession shall be permitted which interferes with
television or radio reception. As well, the home occupation or home profession
REVISED: 15 January 2004
33
SECTION 3(9)(g)
GENERAL PROVISIONS
shall not create or become a public nuisance, in particular, in regard to noise,
traffic or parking.
(10)
ILLUMINATION
Lighting fixtures, which are not public uses and which are designed for exterior
illumination, shall be installed with the light directed downward and deflected away from
adjacent lots and streets. Such lighting fixtures shall not be more than 9.0 metres above
ground and no closer than 4.5 metres to any street line.
(11)
LANES AS YARDS
Where the rear lot line of a lot adjoins any portion of a lane, one-half of the width of that
portion of such lane may be considered part of the lot for the purpose of computing the lot
area and the rear building setback for such lot.
(12)
LOTS CONTAINING MORE THAN ONE USE
Where a lot contains more than one use, the lot area requirement shall be the sum of the
requirements for the separate uses thereof, but the lot frontage requirement shall be no less
than the greater of the lot frontage requirements for each individual use in the zone where
such lot is located.
Where a building, structure or lot accommodates more than one use, the parking space
requirements for such building, structure or lot shall be the sum of the requirements for
the separate uses thereof.
(13)
LOTS DIVIDED INTO MORE THAN ONE ZONE
Where a lot is divided into more than one zone, each such portion of the lot shall be used
in accordance with the provisions of this By-law for the zone where such portion of the lot
is located. Each such portion of the lot shall be considered as a separate lot for the
purpose of determining zone provisions.
REVISED: 15 January 2004
34
C
(
SECTION 3(14)
GENERAL PROVISIONS
(14)
LOTS REDUCED BY ROAD CONSTRUCTION
Notwithstanding any other provision of this By-law, where, for the purpose of laying out
a road, a road widening, or a road realignment, the Corporation, or the Province, acquires
a portion of a lot which contains a building, then the remaining portion of the lot and any
building thereon shall be deemed to comply with the provisions of this By-law, provided
any reduction in a required building setback is not greater than 75 % of the minimum
setback required by this By-law and, provided that the lot area provision and the building
situated thereon were lawful prior to the date of such acquisition.
(15)
NON-COMPLYING BUILDINGS, STRUCTURES AND LOTS
(a)
ALTERATIONS TO NON-COMPLYING BUILDINGS AND STRUCTURF.S:
Nothing in this By-law shall prevent the enlargement, reconstruction, renovation,
repair or replacement of an existing, non-complying building or structure provided
such enlargement, reconstruction, renovation, repair or replacement shall not:
(i)
increase the number of dwelling units in the replacement building over
those of the original number of dwelling units;
(ii)
increase the portion of the lot area covered by building envelopes if such
coverage exceeds the applicable maximum building area permitted herein;
(iii)
reduce the size of any yard adjoining that portion of such building or
structure which is less than the applicable minimum building setback
required herein;
(iv)
reduce the distance between building envelopes if such distance is less than
the applicable minimum building separation required herein;
(v)
increase the overall vertical dimension of such building or structure if such
dimension exceeds the applicable maximum building height permitted
herein;
(vi)
reduce the dwelling unit area of any dwelling unit if it is less than the
applicable minimum dwelling unit area required herein;
REVISED: 15 January 2004
35
SECTION 3(1S)(a)(vii)
GENERAL PROVISIONS
(vii)
reduce the gross floor area of any building or structure if it is less than the
applicable minimum gross floor area required herein;
(viii)
increase the net floor area of any building or structure if it exceeds the
applicable maximum net floor area permitted herein;
(ix)
reduce the portion of the lot used for landscaping purposes if such portion
is less than the applicable minimum landscaping area required herein;
(x)
reduce the size of any planting strip required herein; or
(xi)
contravene any other zone provisions.
(b)
USE OF UNDERSIZED VA CANT LOTS:
(
Nothing in this By-law shall prevent the use of a vacant lot which has a lesser lot
area and/or lot frontage than the applicable minimum lot area and/or minimum lot
frontage required herein provided such lot is an existing lot as defined herein, the
(
proposed use of such lot is a permitted use and the proposed use shall not
contravene any other zone provisions.
Nothing in this By-law shall prevent the use of a vacant lot created by
expropriation, street widening, or realignment which has a lesser area and/or
frontage than the applicable minimum lot area and/or minimum lot frontage
required herein.
(16)
NON-CONFORMING BUILDINGS AND STRUCTURES
(a)
REBUILDING, REPAIR OR REPLACEMENT PERMITTED:
Nothing in this By-law shall prevent the rebuilding, repair or replacement of an
existing non-conforming building or structure that is damaged or destroyed
subsequent to the date of passing of this By-law, provided that the external
dimensions, excluding building height, of the original building or structure are not
increased, the size and number of dwelling units of the original building are not
15 January 2004
REVISED: 10 July 2003
36
C
C
SECTION 3(16)(a)
GENERAL PROVISIONS
(17)
(18)
increased and the use of the building or structure is not altered, unless altered to
a permitted use.
Notwithstanding the above, where a building or structure is destroyed by flood,
such rebuilding or replacement shall not be permitted unless in conformity with this
By-law.
(b)
STRENGTHENING PERMITTED:
Nothing in this By-law shall prevent the strengthening to a safe condition of an
existing non-conforming building or structure, provided that the external
dimensions of the original building or structure are not increased and the use of the
building or structure is not altered, unless altered to a permitted use.
OBNOXIOUS USES
No person shall within the Zoned Area use any lot or erect, alter or use any building or
structure for an animal or fish glue manufacturing use, a blood boiling use, a gas
manufacturing use, a noxious use, a salvage yard, or a tannery.
OCCUPANCY OF PARTIALLY COMPLETED DWELLING HOUSES
No dwelling house shall be used for human habitation before the main walls and roof have
been erected, the external roofing and siding have been completed, and services and
utilities have been installed and are operable.
(19)
PARKING AREA REGULATIONS
(a)
SIZE:
Each parking space shall be at least 6.0 metres long, 3.0 metres wide and have a
vertical clearance of at least 2.0 metres.
15 January 2004
REVISED: 10 July 2003
37
SECTION 3(19)(b)
GENERAL PROVISIONS
(b)
LOCATION:
The required parking area shall not form part of any street or lane. The required
parking area shall be provided on the lot occupied by the building, structure or use
for which the said parking area is required. No part of any parking space shall be
located closer to any front lot line than 2.0 metres and to any side lot line than the
required side yard setback for that zone.
(c)
ACCESS:
Access to parking spaces shall be by means of a driveway contained within the lot
on which the parking spaces are located and leading to an adjacent improved road.
(d)
SURFACE:
Each parking area and driveway connecting the parking area with a street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust
or loose particles.
(e)
RESTRICTIONS IN RESIDENTIAL ZONES:
No person shall use any parking area or parking space in a Residential zone to park
a vehicle, unless such vehicle bears a vehicle license plate or sticker which is
currently valid, or to park more than one commercial motor vehicle as defined by
the Highway Traffic Act, as amended.
(20)
PLANTING STRIPS
(a)
SIZES:
Each planting strips shall be at least 3.0 metres wide and have a vertical dimension
of at least 1.5 metres unless otherwise specifically set out in a zone.
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
38
(
SECTION 3(20)(b)
GENERAL PROVISIONS
(b)
INTERRUPTION FOR DRIVEWAY OR WALKWAY:
Where a driveway or walkway extends through a planting strip, it shall be
permissible to interrupt the planting strip within 3.0 metres of the edge of such
driveway or within 1.5 metres of the edge of such walkway.
(21)
PUBLIC USES
(a)
STREETS AND INSTALLATIONS:
Nothing in this By-law shall prevent the use of land for a street or prevent the
installation of a watermain, sanitary sewer main, storm sewer main, gas main,
pipeline, lighting fixture, overhead or underground electrical or telephone line or
other supply line or communication line or structure clearly ancillary to the
foregoing, provided that the location of such street, main, line, fixture or structure
has been approved by the Corporation. Notwithstanding the generality of the
foregoing, this approval by the Corporation shall not be required for any public
works project which has been authorized pursuant to thEnvironmental Assessment
Act, as amended.
(b)
ZONES WHERE PERMITTED:
Except as provided in clause (a) hereof, the only public uses permitted in a specific
zone shall be those public uses listed as permitted uses in the said zone.
(c)
REQUIREMENTS IN RESIDENTIAL ZONES:
Any above-ground non-residential public use which is located in a Residential zone
shall be enclosed in a building designed, located and maintained in general
harmony with the Residential buildings permitted in such zone.
1 March 2005
15 January 2004
REVISED: 10 July 2003
39
SECTION 3(22)
GENERAL PROVISIONS
(22)
SATELLITE DISHES, TELEVISION AND RADIO ANTENNAE
(a)
USES PERMITTED:
A satellite signal broadcast receiving dish, television and radio antennae and their
supporting towers are permitted in all zones.
(b)
LOCATION:
Radio and television antennae and their supporting towers may be located in all
parts of rear and side yards, but no part of any such structure may be extended
beyond the limits of the lot upon which it is erected.
A satellite signal broadcast receiving dish shall be permitted only in rear yards,
provided such dishes are not located closer to any lot line than a distance equal to
the greater of the diameter of the satellite signal broadcast receiving dish or the
minimum yards required for a residential dwelling in the zone.
(c)
HEIGHT:
When located on lands in or abutting a Residential zone, satellite signal broadcast
receiving dishes may be located on the roof of a building, but the height may not
exceed the height limits of the zone in which the building is located.
This
restriction shall not apply to federally licensed installations.
(23)
SIGHT TRIANGLES
(a)
SIZE:
The distance from the point of intersection of the street lines shall be 10.0 metres.
(b)
USES PERMITTED:
Within any area defined as a sight triangle, the following uses shall be prohibited:
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
40
(
SECTION 3(23)(b)
GENERAL PROVISIONS
(24)
SIGNS
a building, structure or use which would obstruct the vision of a driver of a
vehicle;
a fence, tree, hedge, bush or other vegetation, the top of which exceeds 1. 0 metre
in height above the elevation of the street;
any portion of a parking space;
a berm or other ground surface which exceeds the elevation of the street by more
than 0.5 metre; and
a sign, other than a pole sign, the body of which is not less than 2.0 metres above
the elevation of the centreline of the street.
Nothing in this By-law shall apply to prevent the erection, alteration or use of any sign,
provided such sign complies with the by-laws of the Corporation regulating signs and
provided such sign complies with the provisions of this By-law regarding sight triangles.
(25)
SPECIAL SETBACKS AND BUILDING RESTRICTIONS
(a)
LANDFILL SITES:
No use of any land adjacent to property containing a landfill site shall be permitted
within 30.0 metres of a property line.
1 March 2005
15 January 2004
REVISED: 10 July 2003
41
SECTION 3(2S)(b)
GENERAL PROVISIONS
(b)
MONTREAL RIVER:
No building or structure with the exception of a marine facility; a building or
structure accessory to flood or erosion control; a building or structure normally
associated with watercourse protection works or bank stabilization projects; or a
hydro electric project, shall be built on the Montreal River, including Bay Lake,
Portage Bay and Marsh Bay, below the 278.68 metre CGD contour level above
the Latchford Dam, or below the 277.0 metre CGD contour level below the
Latchford Dam.
(c)
PIPELINE RIGHTS-OF-WAY:
(d)
No building, structure or excavation shall be allowed on a pipeline right-of-way.
All permanent buildings, structures and excavations shall be set back 20.0 metres
from the right-of-way. In addition, no person shall undertake exploration within
40.0 metres of a pipeline or any works connected therewith.
RAll, RIGHTS-OF-WAY:
No use of any land adjacent to a rail right-of-way shall be permitted within 30.0
metres of the right-of-way.
(e)
STREET SETBACKS:
No person shall erect any building in any portion of the Zoned Area, unless such
building complies with the following street setback requirements:
Provincial Highway:
- 23.0 metres,
plus the minimum front building setback required for such use in the zone
where it is located.
Township Road:
- 10.0 metres,
plus the minimum front building setback required for such use in the zone
where it is located.
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
42
C
SECTION 3(26)
GENERAL PROVISIONS
(26)
STORAGE OF SPECIAL VEHICLES
(a)
VEHICLES PERMITTED:
No person shall use any lot in any Residential zone for the purpose of parking or
storing more than: two boats; one tourist vehicle; three snowmobiles; and one
tourist trailer.
(b)
YARDS WHERE PERMITTED:
In any Residential zone, the storage of a boat, tourist vehicle, snowmobile or
tourist trailer shall only be permitted in a garage, carport or other building and not
in any parking space or sight triangle, however, such vehicle may be parked in any
interior side yard or rear yard, but no closer than 1.5 metres to any lot line.
(27)
STORAGE OF CONSTRUCTION TYPE EQUIPMENT AND VEHICLES:
The use of land for the storage of construction type equipment and vehicles shall only be
permitted where the subject land is zoned to permit a construction business or an
equipment rental business.
1 March 2005
15 January 2004
REVISED: 10 July 2003
4 3
SECTION4
ZONES
(1)
ZONE CLASSIFICATION
For the purpose of this By-law, all lands within the Zoned Area are divided into zones and
are classified as Residential, Commercial/Industrial or Restricted zones. Following each
zone name is a corresponding alpha-numeric or alphabetical symbol referred to herein as
a "zone symbol".
(a)
RESIDENTIAL ZONES:
Sewerage Service Residential zone
Water Service Residential zone
Rural Settlement Residential zone
Shoreline Residential zone
(b}
COMMERCIAL/INDUSTRIAL ZONES:
Commercial/Industrial zone
Tourist Commercial zone
Extractive Industrial zone
Disposal Industrial zone
(e)
RESTRICTED ZONES:
Open Space zone
Environmental zone
Sensitive zone
Rural zone
Development zone
(2)
ZONE SYMBOLS
R2F
R3
R4
CMI
Cl
Ml
M2
OS
EP
SE
RU
DE
RI
The zone symbols listed in Section 4(1) hereof may be used to refer to buildings and
structures, and the uses oflots, buildings and structures permitted in this By-law in the said
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
44
(
SECTION 4(2)
ZONES
zones, and whenever in this By-law the word "zone" is used, preceded by any of the said
zone symbols, such reference shall mean any portion of the Zoned Area delineated on
Schedule A hereto and designated thereon by the said zone symbol.
(3)
ZONE BOUNDARIES
The extent and boundaries of all zones and special zones are shown on Schedule A hereto.
When determining the location of a zone boundary on Schedule A or on any schedule
which amends Schedule A, the following provisions shall apply.
(a)
CORPORATION BOUNDARIES:
All boundaries of the Corporation shall be zone boundaries.
(b)
TOWNSHIP LOT OR CONCESSION LINES:
A zone boundary indicated as approximately following a Township lot line or
concession line shall be deemed to follow such Township lot line or concession
line.
(c)
STREET LINES:
A zone boundary indicated as approximately following a street line shall be deemed
to follow such street line.
(d)
RIGHTS-OF-WAY:
A zone boundary indicated as approximately following a right-of-way for a private
road, railroad, powerline, pipeline, etc., shall be deemed to follow such right-of-
way.
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
45
SECTION 4(3)(e)
ZONES
(e)
SHORELINES:
A zone boundary indicated as approximately following a shoreline of a waterbody
shall be deemed to be the present controlled high water mark of such waterbody.
(f)
SUBDIVISION LOT LINES:
A zone boundary indicated as approximately following a lot line on a plan of
subdivision shall be deemed to follow such lot line.
(g)
OTHER PROPERTY LINES:
A zone boundary indicated as approximately following any other property line shall
be deemed to follow such property line.
(h)
DIMENSIONS AND MEASUREMENTS:
If the location of a zone boundary cannot be determined using any of the preceding
methods, its location shall be according to the dimensions shown on the schedule.
If such dimensions are not shown, its location shall be as measured on the schedule
at the original size and scale of such schedule.
(4)
PERMITTED USES AND ZONE PROVISIONS
For each zone listed in Section 4(1) hereto, there shall be a section of this By-law which
sets out the permitted uses and the zone provisions for such zone.
(5)
SPECIAL ZONES
Where a zone symbol is followed by a dash and a number (e.g. "R4-1 "), this denotes a
special zone. The permitted uses and the zone provisions for such special zone shall be
set out in subsections of the Section of this By-law applicable to the said zone symbol.
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
46
(
SECTION 5
SEWERAGE SERVICE RESIDENTIAL (Rl) ZONE
(1)
USES PERMITTED
No person shall within any Rl zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following Rl uses, namely:
(a)
RESIDENTIAL USES:
a converted dwelling house;
a group home;
a modular dwelling house;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a home occupation;
a home profession;
a marine facility;
a private home daycare.
(2)
ZONE PROVISIONS
No person shall within any Rl zone use any lot or erect, alter or use any building or
structure without such lot being served by a public sewerage system, except in accordance
with the following provisions:
(a)
LOT AREA (minimum):
(b)
LOT FRONTAGE (minimum}:
(c}
DWELLING HOUSES PER LOT (maximum}:
(d)
BUILDING AREA (maximum}:
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
47
- 700.0 square metres
- 15.0 metres
- 1 only
- 35%
(
C
SECTION 5(2)(e)
SEWERAGE SERVICE RESIDENTIAL (Rl) ZONE
(e)
(0
(g)
(h)
BUILDING SETBACK, FRONT (minima):
(i)
marine facility, when located on a standard waterfront lot
(ii)
other uses, when located on a standard waterfront lot
(iii)
other uses, when not located on a standard waterfront lot
BUILDING SETBACK, FLANK (minimum):
BUILDING SETBACK, REAR (minima):
(i)
accessory buildings, when not located on a standard
waterfront lot
(ii)
other uses, when not located on a standard waterfront lot
(iii)
other uses, when located on a standard waterfront lot
BUILDING SETBACK, SIDE (minima):
(i)
main building, one side
(ii)
main building, other side
except where a garage or carport is provided
then the setback shall be 1.5 metres
(iii)
other accessory buildings
(i)
BUILDING SEP ARA TI ON (minimum):
(j)
BUILDING HEIGHT (maxima):
(i)
main building
(ii)
accessory buildings
(k)
DWELLING UNIT AREA (minima):
- nil
- 15.0 metres
- 6.0 metres
- 6.0 metres
- 2.0 metres
-6.0 metres
- 6.0 metres
- 1.5 metres
- 6.0 metres
- 1.0 metre
- 3.0 metres
- 11.0 metres
- 6.0 metres
(i)
existing dwelling unit
- 75.0 square metres
(ii)
other dwelling units
(I)
LANDSCAPING AREA (minimum):
(m)
ENTRANCES PER LOT (maximum):
(n)
ENTRANCE WIDTH (minimum):
l March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
48
- 100.0 square metres
- 30%
- 1
- 3.0 metres
SECTION 5(2)(o)
SEWERAGE SERVICE RESIDENTIAL (Rl) ZONE
(o)
DRIVEWAY SETBACK (minimum):
(p)
PARKING SPACES (minima):
(i)
Residential uses
(ii)
Non-Residential uses
(q)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
15 January 2004
REVISED: 10 July 2003
49
- 1.5 metres
- 1 for each dwelling unit
- 1 for each use
(
SECTION6
WATER SERVICE RESIDENTIAL (R2-F) ZONE
(1)
USES PERMITTED
No person shall within any R2-F zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R2-F uses, namely:
(a)
RESIDENTIAL USES:
an existing converted dwelling house;
an existing duplex dwelling house;
an existing group home;
an existing modular dwelling house;
an existing semi-detached dwelling house;
an existing single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a home occupation;
a home profession;
a marine facility.
(2)
ZONE PROVISIONS
No person shall within any R2-F zone use any lot or erect, alter or use any building or
structure without such lot being served by a public water system, except in accordance
with the following provisions:
(a)
(b)
(c)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
DWELLING HOUSES PER LOT (maximum):
(d)
BUILDING AREA (maximum):
l March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
50
- 2,000.0 square metres
- 30. 0 metres
- 1 only
- 35%
SECTION 6(2)(e)
WATER SERVICE RESIDENTIAL (R2-F) ZONE
(e)
(t)
(g)
(b)
BUILDING SETBACK, FRONT (minima):
(i)
marine facility, when located on a standard waterfront lot
(ii)
other uses
BUil.DING SETBACK, FLANK (minimum):
BUil.DING SETBACK, REAR (minima):
(i)
main building
(ii)
accessory buildings
BUILDING SETBACK, SIDE (minima):
(i)
main building, one side
(ii)
main building, other side
except where a garage or carport is provided
then the setback shall be 3. 0 metres
(iii)
any other accessory building
(i)
BUil.DING SEPARATION (minimum):
(j)
BUILDING HEIGHT (maxima):
(i)
main building
(ii)
accessory buildings
- nil
- 8.0 metres
- 8.0 metres
- 6.0 metres
- 2.0 metres
- 3.0 metres
- 7.0 metres
- 2.0 metres
- 3.0 metres
- 11.0 metres
- 6.0 metres
(k)
DWELLING UNIT AREA (minimum):
- 75.0 square metres
(I)
LANDSCAPING AREA (minimum):
(m}
ENTRANCES PER LOT (maximum):
(n)
ENTRANCE WIDTH (minimum):
(o)
DRIVEWAY SETBACK (minimum):
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
51
-30%
- 1
- 3.0 metres
- 1.5 metres
(
(
(
SECTION 6(2)(p)
WATER SERVICE RESIDENTIAL (R2-F) ZONE
(p)
PARKING SPACES (minima):
(i)
Residential uses
(ii)
Non-Residential uses
(q)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
15 January 2004
REVISED: 10 July 2003
52
- 1 for each dwelling unit
- 1 for each use
SECTION7
RURAL SETTLEMENT RESIDENTIAL (R3) ZONE
(1)
USES PERMITTED
No person shall within any R3 zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R3 uses, namely:
(a)
RESIDENTIAL USES:
a group home;
a modular dwelling house;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a home occupation;
a home profession;
a private home daycare.
(2)
ZONE PROVISIONS
No person shall within any R3 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
LOT AREA (minimum):
(b)
LOT FRONTAGE (minimum):
(c)
DWELLING HOUSES PER LOT (maximum):
(d)
BUILDING AREA (maximum):
(e)
BUILDING SETBACK, FRONT (minimum):
(0
BUILDING SETBACK, FLANK (minimum):
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
53
- 4,000.0 square metres
- 45.0 metres
- 1 only
-20%
- 8.0 metres
- 8.0 metres
(
(
SECTION 7(2)(g)
RURAL SETTLE:MENT RESIDENTIAL (R3) ZONE
(g)
BUILDING SETBACK, REAR (minima):
(i)
main building
(ii)
accessory buildings
(h)
BUILDING SETBACK, SIDE (minima):
(i)
main building, one side
(ii)
main building, other side
except where a garage or carport is provided
then the setback shall be 3. 0 metres
(iii)
any other accessory building
(i)
BUILDING SEPARATION (minimum):
(j)
BUILDING HEIGHT (maxima):
(i)
main building
(ii)
accessory buildings
(k)
DWELLING UNIT AREA (minima):
(i)
existing dwelling unit
(ii)
any other dwelling unit
0)
LANDSCAPING AREA (minimum):
(m)
ENTRANCES PER LOT (maximum):
(n)
ENTRANCE WIDTH (minimum):
(o)
DRIVEWAY SETBACK (minimum):
(p)
PARKING SPACES (minima):
(i)
Residential uses
(ii)
Non-Residential uses
(q)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
15 January 2004
REVISED: 10 July 2003
54
- 6.0 metres
- 2.0 metres
- 3.0 metres
- 7.0 metres
- 2.0 metres
- 3.0 metres
- 11.0 metres
- 6.0 metres
- 75.0 square metres
- 90.0 square metres
- 30%
- 1
- 3.0 metres
- 5.0 metres
- 1 for each dwelling unit
- 1 for each use
SECTIONS
SHORELINE RESIDENTIAL (R4} ZONE
(1)
USES PERMITTED
No person shall within any R4 zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R4 uses, namely:
(a}
RESIDENTIAL USES:
a boarding house;
a single detached dwelling house;
a seasonal dwelling house.
(b}
NON-RESIDENTIAL USES:
a marine facility.
(2)
ZONE PROVISIONS
No person shall within any R4 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a}
LOT AREA (minimum):
- 4,000.0 square metres
(b)
LOT FRONTAGE (minimum):
(c}
DWELLING HOUSES PER LOT (maximum}:
(d)
BUILDING AREA (maximum):
(e)
BUILDING SETBACK, FRONT (minima):
(i)
marine facility, when located on a standard waterfront lot
(ii)
other uses on Bass, Gillies or Sharpe Lakes,
when located on a standard waterfront lot
(iii)
other uses, when located on a standard waterfront lot
(iii)
other uses, when not located on a standard waterfront lot
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
55
- 45. 0 metres
- 1 only
- 25%
- nil
-7.5 metres
- 15.0 metres
- 7.5 metres
C
SECTION 8(2)(f)
SHORELINE RESIDENTIAL (R4) ZONE
(f)
BUILDING SETBACK, FLANK (minimum):
- 7.5 metres
(g)
BUILDING SETBACK, REAR (minima):
(i)
main building
- 15. 0 metres
(ii)
accessory buildings
- 1.5 metres
(h)
BUILDING SETBACK, SIDE (minimum):
- 5.0 metres
(i)
BUILDING SEPARATION (minimum):
- 3.0 metres
(j)
BUILDING HEIGHT (maxima):
(ii)
main building
- 11.0 metres
(ii)
accessory buildings
- 6.0 metres
(k)
DWELLING UNIT AREA (minimum):
- 60.0 square metres
(I)
LANDSCAPING AREA (minimum):
-40%
(m)
VEGETATION STRIP:
A vegetation strip, 5.0 metres in width, shall be maintained along any portion of
a front lot line for a standard waterfront lot.
(n)
(o)
(p)
(q)
(r)
ENTRANCES PER LOT (maximum):
ENTRANCE WIDTH (minimum):
DRIVEWAY SETBACK (minimum):
PARKING SPACES (minimum):
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
56
- 1
- 3.0 metres
- 5.0 metres
- 1 for each dwelling unit
SECTION 8(3)
SHORELINE RESIDENTIAL (R4) ZONE
(3)
USE'S PERMITIED IN R4-1 ZONES
No person shall within any R4-1 zone use any lot or erect, alter or use any building or
structure for any purpose except in accordance with Section 8(1) hereof.
(4)
ZONE PROVISIONS FOR R4-1 ZONES
No person shall within any R4-1 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
LOT AREA (minimum):
- 1,950.0 square metres
(b)
LOT FRONTAGE (minimum):
(c)
DWELLING HOUSES PER LOT (maximum):
(d)
BUILDING AREA (maximum):
(e)
(t)
(g)
(h)
provided that accessory buildings not occupy more than 2.0%
of the total building area.
BUILDING SETBACK, FRONT (minima):
(i)
marine facility, when located on a standard waterfront lot
(ii)
other uses
BUILDING SETBACK, FLANK (minimum):
BUILDING SETBACK, REAR (minima):
(i)
main building
(ii)
accessory buildings
BUILDING SETBACK, SIDE (minima):
(i)
main building
(ii)
accessory buildings
(i)
BUILDING SEPARATION (minimum):
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
57
- 24. 0 metres
- 1 only
-20%
- nil
- 20. 0 metres
- 7.5 metres
- 10. 0 metres
- 2.0 metres
- 10.0 metres
- 2.0 metres
- 3.0 metres
C
C
SECTION 8(4)0)
SHORELINE RESIDENTIAL (R4) ZONE
(j)
BUILDING HEIGHT (maxima):
(iii)
main building
- 11.0 metres
(ii)
accessory buildings
- 6.0 metres
(k)
DWELLING UNIT AREA (minimum):
- 48.0 square metres
0)
LANDSCAPING AREA (minimum):
-40%
(m)
VEGETATION STRIP:
A vegetation strip, 5.0 metres in width, shall be maintained along any portion of
a front lot line.
(n)
ENTRANCES PER LOT (maximum):
- 1
(o)
ENTRANCE WIDTH (minimum):
- 3.0 metres
(p)
DRIVEWAY SETBACK (minimum):
- 5.0 metres
(q)
PARKING SPACES (minimum):
- 1 for each dwelling unit
(r)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
(5)
USES PERMITTED IN R4-2 ZONES
No person shall within any R4-2 zone use any lot or erect, alter or use any building or
structure for any purpose, except in accordance with Section 8(1) hereof.
(6)
ZONE PROVISIONS FOR R4-2 ZONES
No person shall within any R4-2 zone use any lot or erect, alter or use any building or
structure, except in accordance with Section 8(2) hereof, unless otherwise provided herein:
(a)
LOT AREA (minimum):
- 3,000.0 square metres
1 March 2005
15 January 2004
REVISED: 10 July 2003
58
SECTION 8(6)(b)
SHORELINE RESIDENTIAL (R4) ZONE
(
(b)
LOT FRONTAGE (minimum):
- 38.0 metres
(7)
USES PERMITTED IN R4-3 ZONES
No person shall within any R4-3 zone use any lot or erect, alter or use any building or
structure for any purpose, except in accordance with Section 8(1) hereof.
(8)
ZONE PROVISIONS FOR R4-3 ZONES
No person shall within any R4-3 zone use any lot or erect, alter or use any building or
structure, except in accordance with Section 8(2) hereof, unless otherwise provided herein:
(a)
LOT AREA (minimum):
- 3,000.0 square metres
(9)
USES PERMITTED IN R4-4 ZONES
No person shall within any R4-4 zone use any lot or erect, alter or use any building or
structure for any purpose, except in accordance with Section 8(1) hereof.
(10)
ZONE PROVISIONS FOR R4-4 ZONES
No person shall within any R4-4 zone use any lot or erect, alter or use any building or
structure, except in accordance with Section 8(2) hereof, unless otherwise provided herein:
LOT AREA (minimum):
(a)
(b)
LOT FRONTAGE (minimum):
1 March 2005
15 January 2004
REVISED: 10 July 2003
59
- 2,500.0 square metres
- 35. 0 metres
C
SECTION 8(11)
SHORELINE RESIDENTIAL (R4) ZONE
(11)
USES PERMITTED IN R4-5 ZONES
No person shall within any R4-5 zone use any lot or erect, alter or use any building or
structure for any purpose, except in accordance with Section 8(1) hereof.
(12)
ZONE PROVISIONS FOR R4-5 ZONES
No person shall within any R4-5 zone use any lot or erect, alter or use any building or
structure, except in accordance with Section 8(2) hereof, unless otherwise provided herein:
(a)
LOT AREA (minimum):
- 3,700.0 square metres
(13)
USES PERMITTED IN R4-6 ZONES
No person shall within any R4-6 zone use any lot or erect, alter or use any building or
structure for any purpose except in accordance with Section 8(1) hereof.
(14)
ZONE PROVISIONS FOR R4-6 ZONES
No person shall within any R4-6 zone use any lot or erect, alter or use any building or
structure, except in accordance with Section 8(2) hereof, unless otherwise provided herein:
(a)
BUILDING SETBACK, FRONT (minima):
(i)
marine facility
(ii)
other uses
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
60
- nil
- 5.0 metres
SECTION9
COMMERCIAL/INDUSTRIAL (CMl) ZONE
(1)
USES PERMITTED
No person shall within any CMI zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following CM 1 uses, namely:
(a)
RESIDENTIAL USES:
an accessory dwelling house;
an accessory dwelling unit.
(b)
NON-RESIDENTIAL USES:
a building supply outlet;
a bulk storage tank;
a business office, related to another CMl Zone use;
a commercial garage;
a commercial greenhouse;
a construction business;
an equipment rental business;
an equipment storage building;
a fuel pump island;
a maintenance garage, as part of a transport terminal;
a manufacturing plant;
a municipal firehall;
a municipal office;
a municipal yard;
a printing and publishing business;
a private fuel pump island;
a restaurant;
a retail store;
a service station;
a transport terminal;
a vehicle agency;
a warehouse.
l March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
61
(
SECTION 9(2)
CO:Ml\IBRCIAL/INDUSTRIAL (CMI) ZONE
(2)
ZONE PROVISIONS
No person shall within any CMl zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
WT AREA (minimum):
(b)
WT FRONTAGE (minimum):
(c)
DWELLING HOUSES OR
DWELLING UNITS PER LOT (maximum):
(d)
BUILDING AREA (maximum):
(e)
BUILDING SETBACK, FRONT (minimum):
(f)
BUILDING SETBACK, FLANK (minimum):
(g)
BUILDING SETBACK, REAR (minimum):
(h)
BUILDING SETBACK, SIDE (minimum):
(i)
BUILDING SEPARATION (minimum):
G)
BUILDING HEIGHT (maximum):
(k)
DWELLING UNIT AREA (minimum):
(I)
LANDSCAPING AREA (minimum):
(m)
PLANTING STRIP LOCATION:
- 4,000.0 square metres
- 45. 0 metres
- 1 only
-20%
- 15. 0 metres
- 10.0 metres
- 10. 0 metres
- 7.5 metres
- 5.0 metres
- 12.0 metres
- 50.0 square metres
plus 15 .0 square metres
for each bedroom
- 40%
A planting strip shall be required along any portion of a rear lot line which abuts
a Residential zone.
1 March 2005
15 July 2004
15 January 2004
REVISED: 10 July 2003
62
SECTION 9(2)(n)
COMMERCIAL/INDUSTRIAL (CMI) ZONE
(n)
ENTRANCES PER LOT (maximum):
(o)
ENTRANCE WIDTH (minimum):
(maximum):
(p)
DRIVEWAY SETBACK (maximum):
(q)
PARKING SPACES (minima):
(i)
Residential uses
(ii)
a restaurant
(iii)
other Non-Residential uses
(r)
FUEL PUMP ISLAND LOCATION:
-2
- 10. 0 metres
- 15.0 metres
- 10. 0 metres
- 1 for each dwelling unit
- 1 for each 10 seats
- 1 for each 10 square metres
of gross floor area,
or portion thereof
No part of any fuel pump island shall be located closer than 15.0 metres to any
street line, or 10.0 metres to any other lot line.
(s)
EXCEPTION FOR ACCESSORY DWELLING UNIT:
Notwithstanding any other provision herein, an accessory dwelling unit shall not
be permitted in conjunction with any lot containing a fuel pump island or a private
fuel pump island.
(t)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
IS July 2004
15 January 2004
REVISED: 10 July 2003
63
C
C
C
SECTION 10
TOURIST COMMERCIAL (Cl) ZONE
(1)
USES PERMITTED
No person shall within any Cl zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following Cl uses, namely:
(a)
RESIDENTIAL USES:
an accessory dwelling house;
an accessory dwelling unit.
(b)
NON-RESIDENTIAL USES:
a campground;
a convenience store, related to a tourist establishment;
a lodge;
a marine facility;
a motel;
a private fuel pump island;
a private park;
a rental cabin or rental cottage;
a restaurant, related to a tourist establishment;
a tourist camp;
a tourist establishment.
(2)
ZONE PROVISIONS
No person shall within any Cl zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
(b)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
(c)
DWELLING HOUSES OR
DWELLING UNITS PER LOT (maximum):
15 January 2004
10 July 2003
REVISED: 31 July 2002
64
- 4,000.0 square metres
- 45.0 metres
- 1 only
SECTION 10(2)(d)
TOURIST COMMERCIAL (Cl) ZONE
(d)
BUILDING AREA (maximum):
- 40%
(e)
BUILDING SETBACK, FRONT (minima):
(i)
marine facility
- nil
(ii)
other uses
- 15.0 metres
(f)
BUILDING SETBACK, FLANK (minimum):
- 15.0 metres
(g)
BUILDING SETBACK, REAR (minimum):
- 10.0 metres
(h)
BUILDING SETBACK, SIDE (minimum):
- 10.0 metres
(i)
BUILDING SEPARATION (minima):
(i)
between tourist establishments
- 9.0 metres
(ii)
between tourist vehicles, tents
and similar facilities
- 12.0 metres
(iii)
between all other arrangements
- 5.0 metres
(j)
BUILDING HEIGHT (maxima):
(i)
main building
- 11. 0 metres
(ii)
accessory buildings
- 6. 0 metres
(k)
DWELLING UNIT AREA (minimum):
- 50.0 square metres,
(I)
NUMBER OF TOURIST CAMP LOTS (maxima):
(i)
for the Knights of Columbus (Club Colombien)
plus 15.0 square metres
for each bedroom
Trailer Park
- 70 sites
(ii)
for the Legion Trailer Park
- 15 sites
(m)
LANDSCAPING AREA (minimum):
- 40 %
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
65
C
SECTION 10(2) (n)
TOURIST COMMERCIAL (Cl) ZONE
(n)
PLANTING STRIP LOCATION:
A planting strip shall be required along any portion of a rear lot line which is also
a street line, or any portion of a side lot line which abuts a Residential zone.
(o)
PLANTING STRIP WIDTH (minimum):
- 5.0 metres
(p)
PLAY FACILITY AREA (minimum):
-5%
(q)
PLAY FACILITY LOCATION:
(r)
(s)
(t)
(u)
(v)
No part of any play facility shall be located closer than 12.0 metres to any lot line.
ENTRANCES PER LOT (maximum):
ENTRANCE WIDTH (minimum):
(maximum):
DRIVEWAY SETBACK (maximum):
PARKING SPACES (minima):
(i)
Residential uses
(ii)
a restaurant
(iii)
a management office and convenience store
(iv)
a campground, a lodge, a motel,
-2
- 10.0 metres
- 15.0 metres
- 10 metres
- 1 for each dwelling unit
- 1 for each 10 seats
- 3 each
a rental cabin or rental cottage, tourist camp
and a tourist establishment
- 1 for each guest room,
cabin, cottage or each tourist camp lot
FUEL PUMP ISLAND LOCATION:
No part of any fuel pump island shall be located closer than 10.0 metres to any
street line, or 6.0 metres to any other lot line.
(w)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
66
SECTIONll
EXTRACTIVE INDUSTRIAL (Ml) ZONE
(1)
USES PERMITTED
No person shall within any Ml zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following Ml uses, namely:
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
an asphalt plant;
a business office, related to another Ml Zone use;
an equipment storage building;
a gravel pit;
a maintenance garage;
a milling and/or processing plant;
a mining industrial;
an open storage area;
a private fuel pump island;
a stone quarry;
a warehouse;
a wayside pit;
a wayside quarry.
(2)
ZONE PROVISIONS
No person shall within any Ml zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
LOT FRONTAGE (minimum):
- 200.0 metres
(b)
BUILDING AREA (maximum):
- 60%
(c)
BUILDING SETBACK, FRONT (minimum):
- 15.0 metres
15 January 2004
10 July 2003
REVISED: 31 July 2002
67
SECTION 11(2)(d)
EXTRACTIVE INDUSTRIAL (Ml) ZONE
(d)
BUILDING SETBACK, FLANK (minimum):
- 15.0 metres
(e)
BUILDING SETBACK, REAR (minima):
(i)
main building
- 12.0 metres
(ii)
accessory buildings
- 5.0 metres
(0
BUILDING SETBACK, SIDE (minimum):
- 15.0 metres
(g)
BUILDING SEPARATION (minimum):
- 5.0 metres
(h)
BUILDING HEIGHT (maximum):
- 11.0 metres
(i)
LANDSCAPING AREA (minimum):
- 30%
(j)
PLANTING STRIP LOCATION:
A planting strip shall be required along any portion of a rear lot line which abuts
a zone other than a Ml zone.
(k)
(I)
(m)
(n)
ENTRANCES PER LOT (maximum):
ENTRANCE WIDTH (minimum):
(maximum):
DRIVEWAY SETBACK (minimum):
PARKING SPACES (minima):
-2
- 10.0 metres
- 15.0 metres
- 10.0 metres
- the greater of: 5 per lot;
or 1 for each 50.0 square metres
of gross floor area, or portion thereof
(o)
PRIVATE FUEL PUMP ISLAND LOCATION:
No part of any private fuel pump island shall be located closer than 20.0 metres to
any street line, or 15.0 metres to any other lot line.
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
68
SECTION 11(2)(p)
EXTRACTIVE INDUSTRIAL (Ml) ZONE
(p)
OPEN STORAGE AREA REGULATIONS:
No open storage area shall be permitted except in accordance with the following
provisions:
(i)
no open storage shall be permitted in a front yard or a flank yard;
(ii)
no open storage area shall be permitted in a rear yard adjacent to a rear lot
line of such lot which abuts a Residential zone;
(iii)
no open storage area shall be permitted in a side yard adjacent to a side lot
line of such lot which abuts a Residential zone;
(iv)
every open storage area or lot having an open storage area situated thereon
shall be enclosed by a wall or fence not less than 1. 8 metres in height and
constructed of uniform material, and
(v)
no portion of any open storage area for combustible materials shall be
located closer than 6.0 metres to any lot line.
(q)
EXCAVATION LOCATION:
No part of any excavation for a pit or quarry shall be located closer than 70.0
metres to any lot line which abuts a zone other than a Ml Zone.
(r)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
69
(
C
SECTION12
DISPOSAL INDUSTRIAL (M2) ZONE
(1)
USES PERMITTED
(2)
No person shall within any M2 zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following M2 uses, namely:
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
a salvage yard;
a sanitary landfill site;
a sewage treatment facility.
ZONE PROVISIONS
No person shall within any M2 zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
(b)
(c)
(d)
(e)
(f)
BUILDING AREA (maximum):
-5%
BUILDING SETBACK, FRONT (minimum):
- 30.0 metres
BUILDING SETBACK, FLANK (minimum):
- 30.0 metres
BUILDING SETBACK, REAR (minimum):
- 30. 0 metres
BUILDING SETBACK, SIDE (minimum):
- 30.0 metres
BUILDING SETBACK EXEMPTION:
Notwithstanding any building setback provisions herein to the contrary, on a lot
used for a sewage treatment facility, no building setback shall be required from any
portion of a lot line which abuts an EP Zone.
15 January 2004
10 July 2003
REVISED: 31 July 2002
70
SECTION 12(2)(g)
DISPOSAL INDUSTRIAL (M2) ZONE
(g)
BUILDING SEPARATION (minimum):
- 10. 0 metres
(h)
BUILDING HEIGHT (minimum):
- 11.0 metres
(i)
LANDSCAPING AREA (minimum):
-30%
(j)
PLANTING STRIP LOCATION:
A planting strip shall be required along any portion of a front lot line and side lot
line which abuts a zone other than a M2 zone.
(k)
PLANTING STRIP WIDIB (minimum):
- 7.5 metres
(I)
ENTRANCES PER LOT (maximum):
- 1
(m)
ENTRANCE WIDTH (minimum):
- 10.0 metres
(maximum):
- 15.0 metres
(n)
DRIVEWAY SETBACK (minimum):
- 15.0 metres
(o)
PARKING SPACES (minimum):
- 2 for each use
(p)
FILL AREA LOCATION:
No dumping or disposal of any waste material on a sanitary landfill site or a
salvage yard shall be permitted within 50.0 metres of any lot line.
(q)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
71
C
SECTION 13
OPENSPACE(OS)ZONE
(1)
USES PERMITTED
No person shall within any OS zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following OS uses, namely:
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
a cemetery;
a club;
a conservation use;
a marine facility, related to another OS Zone use;
a public park;
a recreational facility;
a recreational trail;
a ski area.
(2)
ZONE PROVISIONS
No person shall within any OS zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
BUILDING AREA (maximum):
(b)
BUILDING SETBACK, FRONT (minimum):
(c)
BUILDING SETBACK, FLANK (minimum):
(d)
BUILDING SETBACK, REAR (minimum):
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
72
- 30%
- 10.0 metres
- 10.0 metres
- 6.0 metres
SECTION 13(2)(e)
OPENSPACE(OS)ZONE
(e)
BUil,DING SETBACK, SIDE (minimum):
- 6.0 metres
(0
BUILDING SEPARATION (minimum):
- 5.0 metres
(g)
BUil,DING HEIGHT (maximum):
- 11. 0 metres
(b)
ENTRANCES PER LOT (maximum):
-2
(i)
ENTRANCE WIDTH (maximum):
- 15.0 metres
(j)
DRIVEWAY SETBACK (minimum):
- 10.0 metres
(b)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
73
C
SECTION 14
ENVIRONMENTAL (EP) ZONE
(1)
USES PERMITTED
(2)
No person shall within any EP zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following EP uses, namely:
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
a conservation use, other than a building;
a farm, other than a building;
a flood control and erosion protection use;
a forestry use, other than a building;
an outdoor recreational use, other than a building;
a water supply plant.
ZONE PROVISIONS
No person shall within any EP zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
BUILDING AREA (maximum):
- 30%
(b)
BUILDING SEPARATION (minimum):
- 10.0 metres
(c)
SPECIAL PROVISIONS:
No accessory buildings or structures are permitted except a parking lot and a rest
room.
(d)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
74
SECTION 15
SENSITIVE (SE) ZONE
(1)
USES PERMITTED
(2)
No person shall within any SE zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following SE uses, namely:
(a)
RESIDENTIAL USES:
prohibited.
(b)
NON-RESIDENTIAL USES:
an archaeological site;
a conservation use;
a cultural/heritage use;
a wildlife and fish management use.
ZONE PROVISIONS
No person shall within any SE zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
(b)
(c)
BUILDING AREA (maximum):
BUILDING SEPARATION (minimum):
BUILDING HEIGHT (maximum):
(d)
SPECIAL PROVISIONS:
- 30%
- 10. 0 metres
- 11.0 metres
No accessory buildings or structures are permitted except a parking lot and a rest
room.
(e)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
75
C
C
SECTION 16
RURAL (RU) ZONE
(1)
USES PERMITTED
No person shall within any RU zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following RU uses, namely:
(a)
RESIDENTIAL USES:
an accessory dwelling house;
a boarding house;
an existing mobile home;
a group home;
a modular dwelling house;
a single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a commercial greenhouse;
a communications tower;
a conservation use;
an electrical power substation;
an equipment storage building;
a farm;
a forestry use;
a home industry;
a home occupation;
a home profession;
a hunt camp;
a municipal fire hall;
a municipal yard;
an open storage area;
a private home day care;
a private fuel pump island;
a recreational trail, other than a building;
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
76
SECTION 16(1)(b)
a rural home occupation;
a wayside pit;
a wayside quarry;
a woodlot.
(2)
ZONE PROVISIONS
RURAL (RU) ZONE
No person shall within any RU zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
LOT AREA (minimum):
- 8. 0 hectares
(b)
LOT FRONTAGE (minimum):
- 200. 0 metres
(c)
DWELLING HOUSES PER LOT (maximum):
- 1
(d)
BUILDING AREA (maximum):
-1%
(e)
BUILDING SETBACK, FRONT (minimum):
- 15.0 metres
(f)
BUILDING SETBACK, FLANK (minimum):
- 15.0 metres
(g)
BUILDING SETBACK, REAR (minimum):
- 10.0 m~tres
(b)
BUILDING SETBACK, SIDE (minimum):
- 10.0 metres
(i)
BUILDING SEPARATION (minimum):
- 5.0 metres
(j)
BUILDING HEIGHT (maximum):
- 11.0 metres
(k)
DWELLING UNIT AREA (minimum):
- 80.0 square metres
(I)
LANDSCAPING AREA (minimum):
- 50%
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
77
C
(_
SECTION 16(2)(m)
(m}
ENTRANCE WIDTH (maximum}:
(n)
DRIVEWAY SETBACK (minimum):
(o)
PARKING SPACES (minima):
(i)
Residential uses
(ii)
home industry, home
occupation, home profession
or rural home occupation
(iii)
other Non-Residential uses
(p)
PRIVATE FUEL PUMP ISLAND LOCATION:
RURAL (RU) ZONE
- 15.0 metres
- 10.0 metres
- 1 for each dwelling unit
-2
-3
No part of any private fuel pump island shall be located closer than 20.0 metres to
any street line, or 10.0 metres to any other lot line.
(q)
CREATED RESIDENTIAL LOT:
Notwithstanding any provisions of Section 16(2)(a), Section 16(2)(b), Section
16(2)(d), Section 16(2)(h) or Section 16(2)(k) hereof to the contrary, where a
consent is given to create a residential lot, such lot may be used for a single
detached dwelling house provided the minimum lot area is 4,000.0 square metres,
the minimum lot frontage is 45.0 metres, the maximum building area is 20%, the
minimum side yard setback is 3.0 metres and the minimum dwelling unit area is
100.0 square metres.
(r)
OPEN STORAGE AREA REGULATIONS:
No open storage area shall be permitted except in accordance with the following
provisions:
(i)
no open storage area shall be permitted in a front yard or a flank yard;
(ii)
no open storage area shall be permitted in the area required for the rear
building setback;
(iii)
no open storage area shall be permitted in the area required for the side
building setback;
(iv)
no portion of any open storage area for combustible materials shall be
located closer than 15. 0 metres to any lot line.
l March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
78
SECTION 16(2)(s)
RURAL (RU) ZONE
(s)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
(3)
USES PERMITTED IN RU-F ZONES
No person shall within any RU-F zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following RU-Fuses, namely:
(a)
RESIDENTIAL USES:
an existing accessory dwelling house;
an existing mobile home;
a existing modular dwelling house;
a existing single detached dwelling house.
(b)
NON-RESIDENTIAL USES:
a communications tower;
a conservation use;
an electrical power substation;
an existing equipment storage building;
a forestry use;
a home occupation;
a home profession;
a hunt camp;
a recreational trail, other than a building;
a wayside pit;
a wayside quarry;
a woodlot.
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
79
C
SECTION 16(4)
RURAL (RU) ZONE
(4)
ZONE PROVISIONS FOR RU-F ZONES
No person shall within any RU-F zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
ij)
(k)
(I)
(m)
(n)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
DWELLING HOUSES PER LOT (maximum):
BUILDING AREA (maximum):
BUILDING SETBACK, FRONT (minimum):
BUILDING SETBACK, FLANK (minimum):
BUILDING SETBACK, REAR (minimum):
BUILDING SETBACK, SIDE (minimum):
BUILDING SEPARATION (minimum):
BUILDING HEIGHT (maximum):
DWELLING UNIT AREA (minimum):
LANDSCAPING AREA (minimum):
ENTRANCE WIDTH (maximum):
DRIVEWAY SETBACK (minimum):
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
80
- 8. 0 hectares
- 200. 0 metres
- 1
- 1%
- 15.0 metres
- 15.0 metres
- 10. 0 metres
- 10. 0 metres
- 5.0 metres
- 11. 0 metres
- 80.0 square metres
- 50%
- 15.0 metres
- 10.0 metres
SECTION 16(4)(0)
(o)
PARKING SPACES (minima):
(i)
Residential uses
(ii)
home industry, home
occupation, home profession
or rural home occupation
(iii)
other Non-Residential uses
(p)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
REVISED: 1 March 2005
81
RURAL (RU) ZONE
C
- 1 for each dwelling unit
-2
- 3
C
C
SECTION17
DEVELOP:MENT (DE) ZONE
(1)
USES PERMITTED
No person shall within any DE zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following DE uses, namely:
(a)
RESIDENTIAL USES:
an existing dwelling house.
(b)
NON-RESIDENTIAL USES:
an existing non-residential use.
(2)
ZONE PROVISIONS
No person shall within any DE zone use any lot or erect, alter or use any building or
structure, except in accordance with the following provisions:
(a)
LOT AREA (minimum):
- 8.0 hectares
(b)
LOT FRONTAGE (minimum):
- 200.0 metres
(c)
DWELLING HOUSES PER LOT (maximum):
- 1
(d)
BUILDING AREA (maximum):
-1%
(e)
BUILDING SETBACK, FRONT (minimum):
- 15.0 metres
(0
BUILDING SETBACK, FLANK (minimum):
- 15.0 metres
(g)
BUILDING SETBACK, REAR (minimum):
- 10.0 metres
(h)
BUILDING SETBACK, SIDE (minimum):
- 10.0 metres
(i)
BUILDING SEPARATION (minimum):
- 5.0 metres
REVISED: 1 March 2005
82
SECTION 17(2)(j)
DEVELOPMENT (DE) ZONE
c·.
(j)
BUil.DING HEIGHT (maximum):
- 11.0 metres
(k)
DWELLING UNIT AREA (minimum):
- 80.0 square metres
(1)
LANDSCAPING AREA (minimum):
-50%
(m)
ENTRANCE WIDTH (maximum):
- 15.0 metres
(n)
DRIVEWAY SETBACK (minimum):
- 10.0 metres
(o)
PARKING SPACES (minima):
(i)
Residential uses
- 1 for each dwelling unit
(ii)
Non-Residential uses
- 3
(p)
GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
REVISED: 1 March 2005
83
SECTION 18
AD:MINISTRA TION
(1)
ZONING ADMINISTRATOR
This By-law shall be administered by the Zoning Administrator.
(2)
ISSUANCE OF PERMITS AND LICENSES
Notwithstanding any provision of the Building By-law or any other by-law of the
Corporation to the contrary, no permit or license shall be issued where the proposed
building, structure or use would be in violation of any provision of this By-law.
(3)
REQUESTS FOR AMEND:MENTS
Every request for an amendment to this By-law shall be accompanied by three (3) copies
of the Corporation
I s
II APPLICATION FOR AMENDMENT TO OFFICIAL PLAN
AND/OR ZONING BY-LAW".
(4)
INSPECTION
(a)
CONDITTONS FOR ENTRY:
Subject to clause (b) of this subsection, the Zoning Administrator, Chief Building
Official or any other officer or employee of the Corporation, acting under the
direction of Council, is hereby authorized to enter, at reasonable hours, upon any
property or premises for the purpose of carrying out his duties under this By-law,
provide proper identification is displayed or produced upon request.
(b)
RESTRICTIONS FOR ENTRY OF DWELLING UNITS:
Notwithstanding any provision of clause (a) of this subsection to the contrary, no
officer or employee of the Corporation shall enter any room or place being used as
a dwelling unit or part thereof without the consent of the occupant, with the
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
84
SECTION 18(4)(b)
ADMINISTRATION
occupier first having been informed that the right of entry may be refused and, if
refused, may only be under authority of a search warrant issued pursuant to the
Provincial Offences Act, as amended.
(5)
VIOLATIONS AND PENALTIES
Every person who contravenes a by-law passed under Section 34 or 38 or an Order made
under Section 47 and, if the person is a corporation, every director or officer of the
corporation who knowingly concurs in the contravention, is guilty of an offence and, on
conviction is liable, on a first conviction to a fine of not more than Twenty-five Thousand
Dollars ($25,000.00), and on a subsequent conviction to a fine of not more than Ten
Thousand Dollars ($10,000.00) for each day or part thereof upon which the contravention
has continued after the day on which the person was first convicted.
Where a corporation is convicted under the above, the maximum penalty that may be
imposed is on a first conviction a fine of not more than Fifty Thousand Dollars
(
($50,000.00), and on a subsequent conviction to a fine of not more than Twenty-five
(
Thousand Dollars ($25,000.00) for each day or part thereof upon which the contravention
has continued after the day on which the corporation was first convicted, and not as
provided above.
If an offence has been committed under a by-law passed under Section 34 or 38, and a
proceeding in respect of the offence is undertaken by the Municipality and a conviction has
been entered, the proceeds of any fine in relation to the offence shall be paid to the
Treasurer of the Municipality. Section 2 of theAdministration of Justice Act, as amended
and Section 4 of the Fines and Forfeitures Act, do not apply in respect of the fine.
(6)
REMEDIES
Where any building or structure is to be erected or altered or any part thereof is to be
used, or any lot 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 ratepayer or the
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
85
SECTION 18(6)
ADMINISTRATION
Corporation pursuant to the provisions of the Planning Act or the Municipal Act, S.O.
2001, in their behalf.
(7)
VALIDITY
If any section, clause or provision of this By-law including anything contained in Schedule
A attached hereto, is for any reason declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the By-law as a whole or any part thereof,
other than the section, clause or provision so declared to be invalid. It is hereby declared
to be the intention that all the remaining sections, clauses or provisions of this By-law shall
remain in full force and effect until repealed, notwithstanding, that one or more provisions
hereof shall have been declared to be invalid.
1 March 2005
15 July 2004
15 January 2004
10 July 2003
REVISED: 31 July 2002
86
SECTION 19
REPEALS AND APPROVALS
All by-laws of the Corporation passed under Section 34 of the Planning Act, or a predecessor
thereof are hereby repealed. These shall include, but are not limited to, By-law Nos. 87-6, 88-3,
89-15, 92-5, 94-4, 94-9, 95-7, 95-9, 95-12, 95-13, 96-8, 97-3, 99-4, 01-07, 01-20, 02-05 and 03-
26.
This By-law shall become effective on the date hereof subject to:
(i)
the expiration of the time period specified for the filing of objections by the notice
of the passing of this By-law, provided that no notice of objection has been filed
within the time period specified, or
(ii)
the determination or direction of the Ontario Municipal Board where an objection
to the approval of this by-law has been filed within the time period specified in the
notice of the passing of this By-law.
THIS BY-LAW read a first and second time this ..1.!{. day odA,(JtJM;'. 2006.
THIS BY-LAW read a third time and passed this~- day o~y. 2006.
1 March 2005
15 January 2004
10 July 2003
REVISED: 31 July 2002
Signed: .(1,/om, j; }!:_,.knJ
lerk)
87
SEAL
(