This is the exact embedded text of the captured official document.
Snapshot 56fa8d4bfd28 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWNSHIP OF DAWSON
ZONING BY-LAW
NO. 69
December 1998
As amended by By-law 443
PREPARED BY:
HYNDE, PAUL ASSOCIATES INCORPORATED
179 King Street, St. Catharines, Ontario L2R 3J5
Phone: (905)6412300 Fax: (905)6412382
R. R. #1, RMB46, Fort Frances, Ontario P9A 3M2
Phone: (807)2742192 Fax: (807)2740651
TABLE OF CONTENTS
SECTION
PAGE NO.
SECTION 1 INTERPRETATION AND ADMINISTRATION ..................................... 1
1.1 Title ............................................................................................................................ 1
1.2 Application ................................................................................................................. 1
1.3 Scope .......................................................................................................................... 1
1.4 Minimum Requirements ............................................................................................. 1
1.5 Meaning of Use ...........................................................................................................1
1.6 Meaning of Shall ......................................................................................................... 2
1.7 Number and Gender .....................................................................................................2
1.8 Administration ..............................................................................................................2
1.9 Licenses and Permits ................................................................................................... 2
1.10 Building to be Moved ................................................................................................ 2
1.11 Repeal of Existing By-laws ..........................................................................................2
1.12 Application of Other By-laws ......................................................................................2
1.13 Validity .......................................................................................................................2
1.14 Violations and Penalties .............................................................................................3
1.15 Remedies ....................................................................................................................3
SECTION 2 DEFINITIONS ............................................................................................. 4
SECTION 3 ZONES AND ZONE MAP ......................................................................... 31
3.1 Establishment of Zones .............................................................................................. 31
3.2 Use of Zone Symbols ................................................................................................. 31
3.3 Interpretation of Zone Boundaries ............................................................................. 31
SECTION 4 GENERAL PROVISIONS ......................................................................... 33
4.1 Application ................................................................................................................ 33
4.2 Road Frontage Required............................................................................................. 33
4.3 Services Required...................................................................................................... 33
4.4 Existing Lots............................................................................................................... 33
4.5 Non-Conforming Uses................................................................................................ 33
4.6 Non-Compliance with Minimum Lot Yard Requirements......................................... 34
4.7 Land Without Buildings.............................................................................................. 34
4.8 Yard and Open Space Provision for all Zones............................................................ 34
4.9 Permitted Encroachments in Yards............................................................................ 34
4.10 Buffer Strips............................................................................................................... 35
4.11 Height ....................................................................................................................... 35
4.12 Setback from Railway Lines...................................................................................... 36
4.13 Setback from Waste Disposal Site ............................................................................. 36
4.14 Setback from Navigable and Non Navigable Watercourses, Hazard
Land and Municipal Surface Drains .................................................................................. 36
4.15 Structures in Water..................................................................................................... 36
4.16 Mobile Homes............................................................................................................ 36
i
4.17 Permitted Public Uses................................................................................................ 36
4.18 Prohibited Uses................................................................................................37
4.19 Dangerous Uses......................................................................................................... 37
4.20 Obnoxious Uses......................................................................................................... 37
4.21 Home Occupations..................................................................................................... 37
4.22 Home Industry................................................................................................... 38
4.23 Accessory Uses........................................................................................................... 38
4.24 Commercial Accessory Uses...................................................................................... 39
4.25 Corner Lot Sight Restrictions..................................................................................... 40
4.26 Setbacks on Municipal Roads .................................................................................. 40
4.27 Setbacks and Access on Provincial Highways .......................................................... 40
4.28 Truck, Bus and Coach Bodies or Trailers or Tents used for
Human Habitation Parking for the Handicapped ....................................................... 40
4.29 Separation Distances.................................................................................................... 40
4.30 Temporary Buildings.................................................................................................... 40
4.31 Loading Spaces.............................................................................................................. 41
4.32 Standards for Loading Spaces....................................................................................... 41
4.33 Parking Requirements................................................................................................... 41
4.34 Parking for the Handicapped......................................................................................... 43
4.35 Standards for Parking Areas.......................................................................................... 43
4.36 Screening of Parking and Loading Areas ..................................................................... 44
4.37 Special Uses Permitted.................................................................................................. 44
4.38 Television Dish Antennae.............................................................................................. 45
4.39 Continuation of Agricultural Use................................................................................... 45
4.40 Group Homes.................................................................................................................. 45
4.41 Garden Suites.................................................................................................................. 45
4.42 Bed and Breakfast Establishments ................................................................................. 46
4.43 Service Stations, Public Garages and Gas Bars.................................................46
4.44 Automobile Wrecking Yards and Scrap Metal Yards ................................................... 46
4.45 Wayside Pits and Quarries and Portable Asphalt Plants ....................................46
SECTION 5 AGRICUTURAL ZONE (A)REGULATIONS ................................................ 47
SECTION 6 RURAL ZONE (R) REGULATIONS .............................................................. 49
SECTION 7 RESIDENTIAL 1 ZONE (R1) REGULATIONS ............................................. 51
SECTION 8 RESIDENTIAL 2 ZONE (R2) REGULATIONS ..............................................53
SECTION 9 WATERFRONT RESIDENTIAL ZONE (WR)REGULATIONS ................... 54
SECTION 10 MOBILE HOME PARK ZONE (MPH) REGULATIONS ........................... 56
SECTION 11 GENERAL COMMERCIAL ZONE (C1) REGULATIONS ........................ 57
SECTION 12 INDUSTRIAL ZONE (M)REGULATIONS ................................................. 60
ii
SECTION 13 INSTITUTIONAL ZONE (I)REGULATIONS ........................................... 63
SECTION 14 OPEN SPACE ZONE (OS) REGULATIONS ............................................. 64
SECTION 15 HAZARD LAND ZONE (HL)REGULATIONS ......................................... 65
SECTION 16 HOLDING ZONE (H) REGULATIONS ..................................................... 66
SECTION 17 EXCEPTIONS ............................................................................................... 67
iii
BY-LAW NO. 69
A By-law to regulate the use of land, and the character, location and use of buildings
and structures in the Township of Dawson.
WHEREAS the Council of The Corporation of the Township of Dawson deems it necessary in
the public interest to pass a restricted area By-law in order to regulate the use of
land and the erection and use of buildings and structures;
AND WHEREAS authority is granted under Section 34 of The Planning Act, R.S.O., 1990,
to pass this By-law.
NOW THEREFORE the Council of The Corporation of the Township of Dawson
ENACTS AS FOLLOWS:
SECTION 1 INTERPRETATION AND ADMINISTRATION
1.1 Title
This By-law shall be known as the "Zoning By-law" of The Corporation of the Township of
Dawson.
1.2 Application
The provisions of this By-law shall apply to all lands within the boundaries of the The
Municipality as now or hereafter are legally constituted.
1.3 Scope
No lands shall be used and no buildings or structures shall be erected, altered, enlarged or
used within the Township of Dawson except in conformity with the provisions of this By-law.
1.4 Minimum Requirements
In interpreting and applying the provisions of this By-law, they are held to
be the minimum requirements for the promotion of the health, safety, comfort, convenience,
and general welfare of the inhabitants of the Municipality.
1.5 Meaning of Use
Unless the context otherwise requires, the expressions "use" or "to use" in this By-law
include anything done or permitted by the owner or occupant of any land or buildings, directly or
indirectly or by or through any trustee, tenant, servant, or agent, acting for, or with
the knowledge or consent of such owner or occupant, for the purpose of making use of
the said land or building.
1
1.6 Meaning of Shall
In this By-law, the word "shall" shall always be construed as mandatory.
1.7 Number and Gender
In this By-law, unless the contrary intention appears, words imparting the singular number or
the masculine gender only shall include more persons, parties, or things of the same kind than
one, and females as well as males, and the converse.
1.8 Administration
This By-law shall be administered by the Chief Building Official and/or such other persons or
persons as the Council of the Township of Dawson designates.
1.9 Licenses and Permits
No person shall be entitled to a municipal permit, certificate, or license where the said permit is
required for a proposed use of land or a proposed erection, alteration, enlargement or use of
any building or structure that is in violation of any provisions of this By-law.
1.10 Building to be Moved
No building, residential or otherwise, shall be moved within the limits of the Municipality or
shall be moved into the Municipality from outside, without a permit from the Chief
Building Official.
1.11 Repeal of Existing By-laws
From the coming into force of this By-law, all previous By-laws passed under Section 34 of
The Planning Act, or a predecessor thereof, shall be deemed to have been repealed except to
the extent that any of the said By-laws prohibits the use of any land, building or structure for
a purpose that is also prohibited by this By-law.
1.12 Application of Other By-laws
Nothing in this By-law shall serve to relieve any person from the obligation to comply with
the requirements of any other By-law of the Municipality, in force from time to time, or
the obligation to obtain any license, permit, authority or approval required under any By-law of
the Municipality.
1.13 Validity
Should any section, clause or provision of this By-law be held by a court of
competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not
be affected.
2
1.14 Violations and Penalties
a) Every person who uses any lot, or erects or uses any building or structure or any part of any
lot, building or structure, in a manner contrary to any requirement of this By-law, or who
causes or permits such use or erection, or who contravenes any provision of this By-law or
causes or permits a contravention, shall be guilty of an offence and upon conviction
therefore, shall be liable:
i) on a first conviction to a fine of not more than $25,000; and
ii) on a subsequent conviction to a fine of not more than $10,000 from each day or
part thereof upon which the contravention has continued after the day on
which the conviction was first made.
b) Where a corporation is convicted under Section 1.14(a) of this By-law,
the maximum penalty that may be imposed is:
i)
on a first conviction, a fine of not more than $50,000; and
ii) on a subsequent conviction, a fine of not more than $25,000 for each day or part
thereof upon which the contravention has continued after the day on which
the corporation was first convicted.
c) Every such penalty as set out in Section 1.14 of this By-law shall
be recoverable under the Section 67 of The Planning Act, 1990, and/or The Provincial
Offenses Act and/or any other legislation applicable.
1.15
Remedies
In case any buildings or structure or any part thereof is to be erected, altered, reconstructed or
extended, or any lot is being used or is to be used, in contravention of any requirement of this
By-law, such contravention may be restrained by action at the instance of any ratepayer or of
the Municipality, pursuant to the provisions of The Planning Act, and/or The Municipal
Act and/or any other legislation applicable.
3
SECTION 2 DEFINITIONS
For the purpose of this By-law, the definitions and interpretations given herein shall govern.
2.1 Abandoned
Shall mean the failure, in the opinion of the Chief Building Official, to
proceed expeditiously with construction work or to undertake construction work during any
continuous 12 month period.
2.2 Abattoir
Shall mean a building, structure or lot or part thereof, used for the slaughter of livestock, poultry
or other animals for purpose of processing or rendering.
2.3 Accessory Apartments
Means self-contained apartments created through converting part of or adding on to exiting
homes.
2.4 Accessory Building or Structure
Means a detached building or structure that is not used for human habitation except where
a residential use is a permitted accessory use, but the use of which is naturally
and normally incidental to, subordinate to, or exclusively devoted to a principal use or building
and located on the same lot therewith and includes a detached private garage, detached carport,
detached deck and dock.
2.5 Accessory Use
Means a use naturally and normally incidental to, subordinate to, or exclusively devoted
to a principal use and located on the same lot therewith.
2.6 Aggregate
Means gravel, sand, clay, earth, shale, stone, limestone,
dolostone, sandstone, marble, granite and rock, other than metallic ores.
2.7 Agricultural Services
Means the use of lands, structure or building for the purposes of buying and selling commodities
and services that are necessary to support agricultural operations, including livestock sales barn,
but does not include any manufacturing, assembling, processing, warehousing or construction
uses.
4
2.8 Agricultural Use
Shall mean the cultivation of land, the production of crops and the selling, packing, storage of
such product on the premises, and the breeding, raising and care of livestock, and the selling of
such livestock or the product of such livestock raised on the premises and, without
limiting the generality of the foregoing, includes animal husbandry, dairying,
and the raising and harvesting of field, bush, or tree crops, market gardening, nurseries, animal
kennels, beekeeping, and greenhouses, bait fish culture and harvesting, wild rice
culture and harvesting, and peat exploration and harvesting.
2.9 Airport or Aircraft Landing Area
Shall mean the use of land, including water, runway, or other facility designed, used or
intended to be used, either publicly or by any person or persons, for the landing or taking off of
aircraft, including all necessary taxiways, aircraft storage, tie down areas,
hangars and other necessary buildings, structures and open spaces.
2.10 Alter
a)
When used in reference to a building or structure or part thereof, shall mean to
change the use or the external dimensions of such building or structure or to
change the type of construction of the exterior walls or roof thereof;
b)
When used in reference to a lot, the word "alter" means to increase the width, depth or
area thereof or to decrease the width, depth or area of any required yard, setback,
landscaped open space, or parking area, or to change the location of any boundary of such
lot with respect to a road or lane, whether such alteration is made by conveyance or
alienation of any portion of said lot, or otherwise; or
c)
When used in reference to a use, to discontinue and replace a use with a use which is
defined herein as being distinct from the discontinued use.
2.11 Animal Hospital or Veterinary Clinic
Shall mean a building wherein domestic animals/pets, birds, or livestock and farm animals
are treated or kept under the care of a licensed veterinary surgeon but shall not include long-
term boarding facilities.
2.12 Animal Shelter
Shall mean a building or portion thereof where small domestic animals/pets, birds, livestock or
farm animals are given temporary shelter, where minor treatment is given, and includes
a public pound and crematorium but does not include any establishment engaged primarily in
the retail sale of animals or in the breeding or training of animals for gain or profit.
5
2.13 Apartment Building
Shall mean a building that contains 4 or more dwelling units, which units have one or
more common entrances from road level and are served by a common corridor,
and the occupants of which units have the right to use in common the corridors, stairs, elevators,
yards or one or more of them.
2.14 Arcade
Shall mean an establishment, or part or parts of an establishment, containing three or
more arcade machines operated for gain, including where the operation of such arcade machines
for gain is an accessory use or is not the primary use of the establishment.
2.15 Arena
Means a facility for sport activities and includes ice surfaces for hockey
and curling and other surfaces for any sporting activity.
2.16 Assembly Hall
Shall mean a building, or part thereof, in which facilities are provided for such purposes as
meetings for civic, educational, political, recreational, religious or social purposes and,
without limiting the generality of the foregoing, may include such facilities as a banquet hall or
private club.
2.17 Attached
Shall mean a building otherwise complete in itself, which depends for structural support, or
complete enclosure, upon a division wall or walls shared in common with an adjacent building or
buildings.
2.18 Attic
Means the space between the ceiling of the top storey and the roof or between a dwarf
wall and a sloping roof.
2.19 Automobile Body Repair Shop
Shall mean a building or structure used primarily for making repairs or alterations to the body or
paint work of any vehicle.
2.20 Automobile Service Station or Service Station
Shall mean a building or part of a building or a clearly defined space on a lot used primarily for
the retail sale or some or all of lubrication oils, gasoline, diesel fuel and propane for motor
vehicles, and may include the sale of automobile accessories,
and the servicing and repairing essential to the operation of motor vehicles, but does not
include a car washing establishment.
6
2.21 Bake Shop
Means a bakery where the prepared food products of such bakery are offered for retail sale on
the same premises.
2.22 Bank
Means a banking institution as defined in The Bank Act.
2.23 Basement or Cellar
Shall mean that portion of a building between two floor levels which is more than 50%
below the ground level at the exterior walls.
2.24 Bed and Breakfast Establishment
Means he use of a portion of a dwelling in which not more than 4 habitable rooms for overnight
lodging are provided for gain, with breakfast included, to persons other than the lessee, tenant or
owner of said dwelling, or any member of the his household, but shall not include a hotel, motel,
resort, trailer camp, seasonal campground or camping establishment and is accessory to the main
residential use.
2.25 Boarding House or Rooming House
Shall mean a building or portion thereof, in which the proprietor supplies to other persons, for
hire or gain, lodging, meals or both, but shall not include a hotel, motel, hospital, home for
the young or the aged, or institution, or restaurant accommodating the general public.
2.26 Boat House
Shall mean a detached accessory building or structure constructed for the purpose of
sheltering or storage of boats or other form of water transportation and accessories, but it shall
not include a dwelling unit.
2.27 Buffer Strip
Shall mean an area of land used for no other purpose than for the erection of a fence, or
the planting and maintaining of a continuous row of natural evergreens or a continuous
unpierced hedgerow of natural shrubs and the remainder of which is to be used for landscaping.
2.28 Building
Shall include any structure, whether temporary or permanent, used or intended for sheltering any
use or occupancy, but shall not include a boundary wall or fence or any vehicle as
defined herein.
7
2.29 Building Area
Means the greatest horizontal area of a storey above grade within the outside surface of exterior
walls or within the outside surface of exterior walls and the centre line of firewalls.
2.30 Bulk Sales Establishment
Shall mean the use of land for the purpose of storing, buying and selling coal, fuel oil, propane,
wood, lumber, building materials, ice and allied chemicals, but does not
include any manufacturing, assembling or processing uses.
2.31 Business or Professional Office
Means a building in which one or more persons are employed in the management, direction, or
conducting of a business or where professionally qualified persons and their staff serve clients or
patients who seek advice, consultation or treatments, but does not include a personal
service establishment, a veterinarian's clinic, an animal hospital or shelter, a body-rub parlour or
any adult entertainment parlour as defined in The Municipal Act.
2.32 By-law Enforcement Officer
Means a person appointed by Council and charged with the duty of enforcing the provisions of
the Zoning By-law and any amendments hereto.
2.33 Cabin
Means a "cottage" as defined in this By-law.
2.34 Campground
Shall mean a parcel of land used for short term occupancy by campers using travel trailers, tents,
tent trailers, or other moveable dwellings, rooms or sleeping quarters of any kind for short term
occupancy.
2.35 Car Wash
Shall mean an establishment where motor vehicles are washed, cleaned or polished for
compensation, including a coin wash, but does not include a service station or
public garage where car washing is incidental to the operation of such service station or
public garage.
2.36 Cemetery
Means a cemetery or columbarium within the meaning of The Cemetery Act, as amended from
time to time.
8
2.37 Church, Synagogue or Temple
Shall mean a building dedicated to religious worship and may include a church hall,
church auditorium, Sunday school, convent, parish hall, and church day nursery.
2.38 Clinic
Shall mean a building or structure that is used or intended for use by one or more physicians,
dentists, chiropractors and/or drugless practitioners, or anyone or more of them, as well as their
staff and patients, for the purpose of consultation, diagnosis and office treatment.
2.39 Club
Means a building or part of a building used as a meeting place for members of an organization
and includes a lodge, a fraternity or sorority house and a labour union hall.
2.40 Commercial Use
Shall mean the use of land or buildings for the purpose of buying and/or selling commodities
and supplying services separate from such uses as manufacturing or assembling of goods,
warehousing, transport terminals, construction and other similar uses.
2.41 Community Centre
Shall mean a building used primarily for community activities and not used for
commercial purposes, the control of which is vested in the Municipality, a local board, or
commission.
2.42 Condominium
Shall mean a building or structure wherein the Owner holds title to his/her own
dwelling unit while sharing title to the land and other common areas of the development
and sharing maintenance/operating costs with other dwelling unit owners through
a condominium corporation.
2.43 Cottage
Shall mean a detached building used for occasional and seasonal residential dwelling for
recreation, rest or relaxation by one household, but not occupied continuously or as a principal
residence or as a year-round permanent dwelling.
2.44 Council
Means the Municipal Council of the Corporation of the Township of Dawson.
9
2.45 Convenience Store
Shall mean a retail store serving the daily or occasional needs of the residents of
the immediate area with a variety of good such as groceries, meats, dairy products, patent
medicines, sundries, tobacco, stationery, hardware, magazines and/or newspapers.
2.46 Daylighting Triangle
Shall mean an area free of buildings or structures and which area is to be determined by
measuring, from the point of intersection of street lines on a corner lot, the distance required by
this By-law along each such street line and joining such points with a straight line and the
triangular-shaped land between the intersecting street lines and the straight line joining the points
the required distance along the street lines is the "daylighting triangle".
2.47 Day Nursery
Shall mean a premise that received more than 5 children who are not of a common parentage,
primarily for the purpose of providing temporary care, or guidance, or both, for a continuous
period, not exceeding twenty four hours where the children are:
a)
under eighteen years of age in the case of a day nursery for children with a developmental
handicap; and
b)
under ten years of age in all other cases;
in accordance with the Day Nurseries Act, as amended or revised from time to time.
2.48 Demolition
Shall mean the doing of anything in the removal of a building or any part thereof.
2.49 Detached
Shall mean" not attached".
2.50 Development
Means the construction or erection of buildings or structures on, or the excavation and grading of
land.
2.51 Dock
Shall mean a structure on land or in the water to be used for transferring goods or passengers
to or from a boat or airplane.
10
2.52 Dwelling
Shall mean a building, occupied or designed to be occupied exclusively as a home, residence or
sleeping place by one or more persons, but shall not include hotels, boarding houses,
lodging houses, fraternities, sororities, group homes or institutions.
2.53 Dwelling, Duplex
Shall mean a building that is divided horizontally into 2 dwelling units, each of which has
an independent entrance either directly or through a common vestibule.
2.54 Dwelling, Double Duplex
Shall mean 2 attached duplex dwellings.
2.55 Dwelling, Modular
Shall mean a prefabricated single detached dwelling being so constructed or assembled that
the shortest side of such dwelling is not less than 6 metres in width.
2.56 Dwelling, Multiple
Shall mean a building used, designed, or intended to be used for occupancy as 3 or
more dwelling units independently of each other.
2.57 Dwelling, Semidetached
Shall mean a building that is divided vertically into 2 dwelling units designed or intended to
be used for occupancy as a single dwelling unit and which dwelling units may be held in
separate ownership. This definition shall not include a mobile home as defined herein.
2.58 Dwelling, Single-detached
Shall mean a separate building or factory built twin- wide or double-
wide modular home designed, used, or intended to be used for occupancy as
a single dwelling unit. This definition shall not include a mobile home as defined herein.
2.59 Dwelling, Townhouse, or Rowhouse
Shall mean a building containing not less than 3 and not more than 8 attached dwelling units
with a common masonry wall dividing each of the abutting dwelling units vertically, each
with an independent entrance from the outside. The attachment along the common wall may
include a dwelling unit wall and/or a garage wall.
2.60 Dwelling, Townhouse Street
Means a townhouse or rowhouse dwelling which has direct access and frontage along a public
street. Each dwelling unit may be located on a separate lot. For street townhouses, the maximum
number of attached units shall be 8 units.
11
2.61 Dwelling, Triplex
Shall mean a building that is divided horizontally into 3 separate dwelling units, each of
which has an independent entrance either directly or through a common vestibule.
2.62 Dwelling, Two Unit
Shall mean a building used, designed or intended to be used for occupancy as 2 independent
dwelling units and includes a duplex dwelling or semi-detached dwelling.
2.63 Dwelling Unit
Shall mean one or more habitable rooms occupied or designated to be occupied by an
individual or family, as an independent and separate housekeeping establishment, in which
separate kitchen and sanitary facilities are provided for the use of such individuals or family,
with a private entrance from outside the building or from a common hallway or stairway
inside the building.
2.64 Dwelling Unit, Bachelor
Means a dwelling unit in which only one room or part thereof contains sleeping accommodation,
and which room is used as a living or dining room or both, as well as for sleeping purposes, but
does not mean or include a dwelling unit containing one or more rooms designed exclusively for
sleeping accommodation.
2.65 Easement
Shall have the meaning attributed to it in the definition of "Right-of-way".
2.66 Entertainment Facility
Shall mean a building or facility for the use of a motion picture or other theatre, arena,
auditorium, public hall, bingo hall, billiard or pool room, arcade, bowling alley, ice or
roller skating rink and does not include an adult entertainment establishment designed to appeal
to erotic or sexual inclinations.
2.67 Erect
Shall mean to do anything including the building, construction, reconstruction, installation,
enlargement, extension or material alteration or repair of a building or structure and shall
include the relocation of a building or structure, the installation of a building unit fabricated or
removed from elsewhere, the demolition or removal of a building or any part thereof and any
physical operation such as excavating, filling, grading or draining preparatory to building
construction or reconstruction. "Erected" and "erection" shall have corresponding meanings.
2.68 Existing
Shall mean existing as of the date of the final passing of this By-law.
12
2.69 Farm Help House
Shall mean a building located on the same lot and accessory to an agricultural use and which is
provided and maintained by the owners of the lot for the accommodation of persons employed in
the agricultural operation by the owner of the lot.
2.70 Financial Institution
Shall mean a commercial establishment such as a bank, trust company, credit union or
other similar business or institution where money is deposited, kept, lent and exchanged.
2.71 Flood Fringe
Shall mean the outer portion of the flood plain between the floodway and the limit of
the regulatory flood.
2.72 Flood Plain
Shall mean the area, usually low lands, adjoining a watercourse which has been, or may
be covered by flood water.
2.73 Flood proofing
Shall mean the combination of structural changes and/or adjustments incorporated into the
basic design and/or construction or alteration of individual buildings, structures or properties
subject to flooding so as to reduce or eliminate flood changes. The word "floodproofed" has
a corresponding meaning.
2.74 Floodway
Shall mean the channel of a watercourse and that inner portion of the flood plain
where flood depths and velocities are generally higher than those experienced in the flood fringe.
The floodway represents that area required for the safe passage of flood flows and that
area where flood depths and velocities are considered as such that they pose a potential threat to
life and property.
2.75 Floor Area
Shall mean the sum of the areas of all of the floors of a building or structure measured from
the outside of all outside walls, exclusive of any attached accessory building, terrace, veranda,
unfinished attic, basement, cellar, open or enclosed porch or sunroom, unless such sunroom or
enclosed porch is an integral part of the building and habitable in all seasons.
13
2.76 Floor Area, Ground
Means the floor area of the lowest storey of a building approximately at or just
above the finished grade level excluding any basement, which area is measured between
the exterior faces of the exterior walls at the floor level of such storey but excludes car
parking areas within the building.
2.77 Forestry Use
Shall mean the raising and harvesting of wood and, without limiting the generality of
the foregoing, includes the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees,
and other forest products.
2.78 Fuel Depot
Means a lot where bulk storage of fuel, including petroleum products and propane takes
place and where wholesaling and retailing of these products is carried on.
2.79 Garage, Private or Carport
Shall mean a building or portion of a building designed for the storage of
private passenger motor vehicles wherein no service for profit is rendered; where such
structure is attached to the main building, it shall be deemed to be part of the main
building and not an accessory building.
2.80 Garage, Public or Service Station
Shall mean a building or structure which is used for the repair or storage of motor vehicles for
remuneration; and/or it may include an automobile body repair shop and it may include a gas
bar.
2.81 Garden Suite
Shall mean a self contained temporary dwelling that is accessory to the main dwelling unit
with its own kitchen, bathroom and living area which is designed to be portable and is sometimes
referred to as a "granny flat". This may include a mobile home.
2.82 Gas Bar
Shall mean a lot containing gasoline, diesel fuel or propane dispensing devices
and a structure used for the sale of fuel and lubricants for vehicles.
2.83 Golf Course
Shall mean a public or private area operated for the purposes of playing golf and does
not include golf driving ranges.
14
2.84 Golf Driving Range
Shall mean a public or private area for the purpose of practicing golf driving techniques and is
equipped with distance markers, lighting, safety nets, parking areas, golf equipment
rental facilities and washrooms, but does not include a golf course.
2.85 Grade
Shall mean the average level of finished ground adjoining a building at all exterior walls.
2.86 Greenhouse Commercial
Shall mean a building for the growing of flowers, plants shrubs, trees
and similar vegetation which are not necessarily transplanted outdoors on the same lot
containing such greenhouses, but are sold directly from such lot at wholesale or retail.
2.87 Group Home
Shall mean a single housekeeping unit in a residential dwelling in which a maximum of 10
persons (excluding supervisory staff or the receiving family) live under responsible supervision
consistent with the particular requirements of its residents. The group home shall conform with
municipal By-laws and shall be licensed and/or approved by the Province of Ontario.
2.88 Guest Cabin
Shall mean a dwelling unit for guest accommodation accessory to a cottage which contains no
provision for cooking or any water or sewage treatment systems and is not used year round for
human habitation.
2.89 Habitable Room
Shall mean a room in a dwelling used for human occupancy but does not include a bathroom,
toilet room, serving or storage pantry, laundry and corridor.
2.90 Hazard Land
Shall mean land which exhibits, or potentially exhibits, a hazardous condition as a result of its
susceptibility to flooding, erosion, subsidence, inundation, as the presence of organic soils or
steep slopes, or where, by reason of its low lying marshy or unstable character, the cost of
construction of satisfactory waterworks, sewage or drainage facilities is prohibitive.
2.91 Height
When used with reference to a building or structure, shall mean the vertical distance in metres
between the horizontal plane through the established grade and a horizontal plane through:
a)
the highest point of the roof assembly in the case of a building with a flat or deck roof;
15
b)
the average level of a sloped roof, provided that a roof having a slope of less than
20 degrees with the horizontal shall be considered a flat roof;
c)
the deck roof line, in the case of a mansard roof;
d)
the average level between eaves and ridges in the case of a cottage, gambrel or hip roof.
2.92 Home Day Care
Shall mean a dwelling unit where a maximum of 6 children, who are not residents of
the dwelling, are provided temporary care, guidance, or both for a continuous period,
not exceeding 24 hours.
2.93 Home Industry
Shall mean the use of part of a dwelling unit or an accessory building to a dwelling unit for
an industrial use by one of the permanent residents of such dwelling unit, which is clearly
secondary to the main use of the dwelling unit or agricultural operation. The home industry uses
permitted include: photography, sculpting, ceramic making, upholstering, weaving, dressmaking,
animal hospital, wood-working shop, auto body repair and auto repair, window-frame shop,
welding shop, electrical shop, carpentry shop, machine shop, blacksmith shop, office
and administrative operations.
2.94 Home Occupation
Shall mean an occupation, trade, business, profession or craft which is clearly secondary to
the main use of the dwelling unit and carried on entirely within part of a dwelling unit by
at least one of the permanent residents of such dwelling unit and may include hairdressing,
accounting/bookkeeping, medical/dental practitioner, drafting, word processing, etc.
2.95 Hotel
Shall mean any hotel, tavern, inn, lounge, or public house in one main building or in two or
more buildings used mainly for the purposes of catering to the needs of
the travelling public by supplying food and furnishing sleeping accommodations of not less than
6 guest rooms, and shall include all buildings liable to be licensed under The Liquor License Act,
and operating under The Tourist Act, as revised or amended from time to time.
2.96 Hunt Camp
Shall mean an area where one or more buildings and/or tents are used for sleeping,
accommodations, the preparation and serving of food and/or sports or recreation facilities
and are intended for uses as a base camp for hunting, fishing, trapping, mining or forestry. A
hunt camp is to be used on a temporary or seasonal basis, and is not a commercial facility.
16
2.97 Industrial Use
Shall mean the use of land, buildings or structures primarily for manufacturing,
processing and assembling of goods or raw materials warehousing and bulk storage of goods
and repair and servicing of goods including transportation terminals.
2.98 Institutional Use
Shall mean the use of land, buildings or other structures for some public or social
purpose and may include governmental, religious, educational, charitable, philanthropic, hospital
or other similar uses.
2.99 Kennel, Animal
Shall mean any lot, building or structure on or within which 4 or more domesticated animals of
more than 4 months of age are housed, groomed, bred, boarded, trained or sold, and which
may offer minor medical treatment but does not include a veterinary clinic or animal hospital.
2.100 Landscaped Area
Shall mean an area not built upon and not used for any purpose other than as
a landscaped area, which may include grass, shrubs, flowers, trees and similar types of
vegetation and appurtenances, but does not include parking areas, parking lots, driveways or
ramps.
2.101 Lane
Shall mean a public thoroughfare or way, not more than 9 metres wide, which affords
only secondary means of access to abutting lots.
2.102 Loading Space
Shall mean a space or bay located on a lot which is used or intended to be used for the temporary
parking of any commercial vehicle while loading or unloading goods, merchandise or materials
used in connection with the main use of the lot or any buildings thereto, and which has
unobstructed access to a road or lane.
2.103 Lodging House
Shall mean an establishment catering to the vacationing public by providing meals
and sleeping accommodation with at least 3 guest rooms or cabins, but shall not include a hotel,
home or institution licensed, approved or supervised under any other provincial legislation.
2.104 Lot
Shall mean a parcel or tract of land which is capable of being legally conveyed in accordance
with The Planning Act, as amended or revised from time to time.
17
2.105 Lot Area
Shall be the total horizontal area within the lot lines of a lot.
2.106 Lot, Corner
Shall mean a lot situated at the intersection of, or abutting upon, two or more roads, provided that
the angle of intersection of such roads is not more than 135 degrees and each of which is at least
10 metres wide, where such adjacent sides are curved, the angle of intersection of such 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 interior lot lines, and the corner of the lot
shall be deemed to be that point of intersection of the said tangents.
2.107 Lot, Coverage
Shall mean the combined area of all buildings or structures, but not including an outdoor
swimming pool on the lot, measured at the level of the lowest storey above grade,
including all porches and verandas, open or covered areas, but excluding open,
unenclosed terraces at grade, steps, cornices, eaves, bay windows, chimney breasts,
corbelling and similar projections and open parking areas.
2.108 Lot Depth
Shall mean the horizontal distance between the midpoints of the front and rear lot line, lot depth
means the horizontal distance between the midpoint of the front lot line and the apex of
the triangle formed by the side lot lines.
2.109 Lot Frontage
Shall mean the horizontal distance between the side lot lines of a lot measured at right angles, but
where such lot lines are not parallel, the lot frontage shall be measured perpendicularly
to the line joining the midpoint of the front and midpoint of the rear lot lines at a point 7.5 metres
back from the front lot line. Where the side lines meet, the lot frontage shall
be measured perpendicularly to the line joining the apex of the triangle formed by the side lot
lines and the midpoint of the front lot line at a point measured 7.5 metres back from the front lot
line. Where the front lot lines are curved, the lot frontage shall
be measured along the line between the interior side lot line and the intersection or the tangents
to the street line, drawn through the front lot line and exterior side lot line.
2.110 Lot, Interior
Shall mean a lot other than a corner lot which is situated between adjacent lots and has access
to one road.
18
2.111 Lot Lines
Shall mean the boundary lines of a lot defined as follows:
a)
Front Lot Line shall mean:
i)
in the case of an interior lot, the lot line dividing the lot from the road;
ii) in the case of a corner lot, the shorter lot line abutting the road unless each lot
line is of equal length, in which case the front lot line shall be the lot
line where the principal access to the lot is provided;
iii) in the case of a through lot, the front lot line shall be the lot line where the principal
access to the lot is provided;
iv) in the case of a waterfront lot, either the shoreline or street line shall
be deemed the front lot line;
b)
Rear Lot Line shall mean the lot line farthest from and apposite the front lot line.
c)
Side Lot Line shall mean a lot line other than a front or rear lot line.
d)
Side Lot Line, Exterior shall mean a side lot line that is also a street line.
2.112 Lot, Through
Shall mean a lot bounded on two opposite sides by roads each of which is at least 10 metres
wide, provided, however, that if any lot qualifies as being both a corner lot and a through lot,
such lot shall be conclusively deemed to be a corner lot.
2.113 Lot, Waterfront
Shall mean a lot which abuts a shoreline and may or may not also abut a street or lane.
2.114 Main Building
Shall mean the building or structure in which is conducted the principal use for which the lot is
used.
2.115 Main Wall
Shall mean the exterior front, side or rear wall of a building, and all structural members
essential to the support of a fully enclosed space or roof.
2.116 Marina
Shall mean a commercial establishment where a boathouse, boat storage, boat repair facilities
boat rental, pier, dock or jetty facilities, or any combination thereof, are available for marine
craft and may include a pump for the fuelling of marine craft and a building or structure for
the sale or repair of marine craft and accessories.
19
2.117 Mobile Home
Shall mean any dwelling that is designed to be made mobile, and constructed or manufactured
to provide a permanent residence for one or more persons, but does not include a travel trailer or
tent trailer or trailer otherwise designed.
2.118 Mobile Home Park
Shall mean a lot managed by a mobile home park operator, for the permanent placement of
one or more mobile homes or factory built park model homes or doublewide homes on
individual mobile home sites, and may include a park or place of recreation.
2.119 Mobile Home Site
Shall mean a parcel of land within a mobile home park which is serviced and intended for
the placement of one mobile home.
2.120 Modular Home, Double-Wide or Twin-wide
Shall mean a mobile home where the two halves of the unit have been joined and placed on
a permanent foundation, such as a poured concrete or mortared concrete block foundation.
2.121 Motel, Motor Hotel
Shall mean one building, or 2 or more detached buildings, for the purpose of catering to
the needs of the travelling public by furnishing sleeping accommodations with or without
supplying food, and shall include a motor court, auto court, and all buildings liable to
be licensed under The Liquor License Act, and/or operating under The Tourist Act, as
amended or revised from time to time.
2.122 Municipality
Shall mean the Corporation of the Township of Dawson.
2.123 Navigable Waterway
Shall mean a navigable body of water or stream as deemed under the Beds of Navigable Waters
Act, and includes any body of water which is capable in its natural state or at normal
water level of being navigated by floating vessels for the purpose of transportation, recreation or
commerce.
2.124 Non-Complying
Shall mean a use, building, or structure which is existing but does not meet, comply or
agree with the regulations of this By-law, but is a permitted use, building or structure within
the zone in which it is located.
20
2.125 Non-Conforming
Shall mean a use, building or structure which is existing but which is not permitted in the zone
in which it is located.
2.126 Non Residential
When used with reference to a building, structure or use designed, shall mean designed, intended
or used for purposes other than those of a dwelling.
2.127 Nursing Home
Shall mean a place where accommodation and care are provided for one or more persons, who,
by reason of age or infirmity, are in need of same.
2.128 Obnoxious Use
Shall mean an offensive trade within the meaning of the Public Health Act, or any use which is
offensive or dangerous by reason of the emission of odour, smoke, dust, noise, gas fumes,
vibration or refuse matter.
2.129 Open Storage
Shall mean the storage of goods, merchandise or equipment in the open air and in
unenclosed portions of buildings which are open to the air on one or more sides.
2.130 Park, Private
Shall mean a park controlled or owned by a private individual, group or organization
and which may not be open to the public.
2.131 Park, Public
Shall mean a park controlled or owned by the Municipality or a public authority and which is
normally open to the public.
2.132 Parking Lot, or Parking Area
Shall mean an area for the parking of vehicles and may include aisles, parking spaces and
related entrance and exit lanes, but shall not include any part of a road.
2.133 Parking Space
Shall mean an area 3 metres by 6 metres enclosed in a building, or unenclosed, and set aside for
the temporary storage of a vehicle.
21
2.134 Parking, Tandem
Shall mean the parking of two or more vehicles one behind the other in a row.
2.135 Permitted
Shall mean permitted by this By-law.
2.136 Person
Shall include an individual, an association, a firm, a partnership, a corporation, a trust,
a incorporated company, an organization, a trustee or agent and their heirs, executers or
other legal representatives of a person to whom the same can apply according to law.
2.137 Personal Service Establishment
Shall mean a building or part thereof in which persons are employed in furnishing services
and otherwise administering to individual and personal needs and may include the premises of
a barber, hairdresser, beautician and shoe repair establishment, but shall not include an
adult entertainment parlour. The sale of merchandise shall be permitted only as an accessory
use to the personal service provided.
2.138 Pit
Shall mean a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other
material is being or has been removed by means of an open excavation, and includes the
processing thereof for commercial purposes including screening, sorting, washing, crushing, and
other similar operations, together with required buildings and structures, but does not include a
wayside pit.
2.139 Portable Asphalt Plant
Shall mean a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling
and storage of bulk materials used in the process and is not of permanent construction, but is
designed to be dismantled and moved to another location as required.
2.140 Private Club
Shall mean a building or part thereof used as a meeting place for members of an organization
not operated for profit or of an athletic, social or recreational club not operated for profit.
2.141 Public Authority
Shall mean any Federal or Provincial agency, school board, public utility commission,
transportation commission, public library board, board of parks management, board of health,
board of commissioners of police, planning board or other board or commission or committee or
local authority established or exercising any power or authority under any general or
22
special statute of Ontario or Canada with respect to any of the affairs or purposes of the
Municipality or any portion thereof, and includes any committee or local authority established by
By-law of the Municipality, Ontario Hydro.
2.142 Public Services
Shall mean the buildings, structures and other related works necessary for supplying water, gas,
oil, electricity, steam, hot water, telephone services, telecommunication services,
sewage collection and treatment facilities and other services provided by a public authority.
2.143 Quarry
Shall mean a place where consolidated rock has been or is being removed by means of an
open excavation, and includes the processing thereof for commercial purposes
including screening, sorting, washing, crushing, and other similar operations, required buildings
and structures.
2.144 Recreation Use
Means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor
and outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps,
campgrounds, community centres, snow skiing and other similar uses, together with necessary
and accessory buildings and structures, but does not include a track for racing animals, motor
vehicles, snowmobiles, all terrain vehicles or motorcycles.
2.145 Redevelopment
Shall mean the creation of new residential units on land previously used for residential or non-
residential purposes, where demolition of the previous structure is to take place or has
taken place.
2.146 Religious Retreat
Shall mean the use of land for religious purposes and includes a place of worship,
temporary sleeping accommodation and sanitary facilities.
2.147 Renovate
Shall mean to restore by improving or repairing to an earlier condition.
2.148 Residential Intensification
Shall mean the creation of new residential units or accommodation in existing buildings or on
previously developed land generally including the creation of accessory dwelling units
conversion of non-residential uses to residential uses, infilling and redevelopment.
23
2.149 Residential Unit
Shall mean the use of land, buildings or structures for human habitation.
2.150 Residential Use
Shall mean the use of a building or structure of parts thereof as a dwelling or residential unit.
2.151 Residential Use, Recreational
Shall mean a dwelling which is used for intermittent residential occupancy for the enjoyment of
the surrounding natural environment and such dwelling shall be a single detached dwelling that
is not used for continuous habitation or as a permanent residence.
2.152 Resort
Shall mean a tourist commercial use that operates throughout all or part of the year and that has
facilities for serving meals and furnishing equipment, supplies or services to persons
in connection with recreational purposes.
2.153 Resource Management
Shall mean the use of land solely for the preservation and enhancement of the natural
environment.
2.154 Restaurant
Shall mean a building used for the purpose of serving food and/or refreshments
including a licensed establishment, and may include takeout food facilities as an accessory use.
2.155 Retail or Service Store
Shall mean a building or part of a building where goods, wares, merchandise or articles
are offered or kept for sale at retail directly to the public and includes storage on or about
the premises.
2.156 Right-of-Way or Easement
Shall mean any right, liberty or privilege in, or along or under land which a person may
have with respect to any land in the Municipality.
2.157 Road
Shall mean a public highway under the jurisdiction of the Municipality or the Province or as
shown on a plan of subdivision with respect to which a subdivision agreement has been
entered into which affords the principal means of access to abutting lots, but does not
include a public lane or right-of-way.
24
2.158 Road Allowance
Shall mean land held under public ownership for the purpose of providing a road.
2.159 Salvage Yard
Shall mean a lot, building or structure used for wrecking, dismantling, storing or
selling used goods, wares or materials including, but not so as to limit the generality of
the foregoing, rags, bones, bottles, metals, clothing, furniture, paper, machinery,
building materials, vehicles and parts thereof.
2.160 School
Shall mean a school under the jurisdiction of a Board as defined in The Education Act, a college,
a university or any other education establishment including, but not necessarily restricted to,
a nursery school or a boarding school having accessory dormitory facilities.
2.161 School, Commercial
Means a school operated by one or more persons for gain or profit.
2.162 School, Private
Means a school, other than a public school or a commercial school, under the jurisdiction of
a private board or trustees or governors, a religious organization or charitable institution.
2.163 School, Public
Means a school under the jurisdiction of a public agency.
2.164 Seaplane Base
Shall mean the use of land, buildings, or structures for the purposes of docking, storing or
repairing seaplanes and for the supplying of associated services.
2.165 Seasonal Campground
Shall mean an establishment that is owned and operated by a private club or organization for the
boarding and lodging of children during the summer months only, and may
include such recreational activities as boating, swimming, crafts, riding, archery, etc.
2.166 Service Industries
Shall mean a bake shop, a public garage, including engine and body repair shop,
a printing establishment, a paint shop, plumbing shop, sheet metal shop, welding shop,
vehicle inspection station, boat repair and construction, small engine repair shop,
woodworking shop and similar non-effluent producing uses.
25
2.167 Service Shop
Shall mean a building or part thereof used for the sale or repair of household articles and
includes radio, television and appliance repair shops, but does not include industrial or
manufacturing uses or motor vehicle repair shops.
2.168 Setback
Shall mean the horizontal distance between the nearest part of any main wall of any building or
structure and the centre line of a road allowance right angles to such centre line.
2.169 Setback From Top of Bank
Shall mean the horizontal distance from the point of the slope or
bank where the downward inclination of the land begins or the upward inclination of
the land levels off to the nearest part of any main wall of any building or structure.
2.170 Setback From Water
Shall mean the horizontal distance between the normal or controlled high water mark of
any navigable waterway and the nearest part of any main wall of any building or structure.
2.171 Sewage Lagoon
Shall mean a facility for the receiving and processing of sewage including residential,
commercial and industrial waste.
2.172 Shopping Centre
Shall mean a building or group of buildings planned, designed, developed or managed as a unit,
having off road parking provided on the same lot, and which building or buildings contain one or
more retail stores, and offices.
2.173 Shoreline
Shall mean any lot line or portion thereof which abuts a navigable waterway.
2.174 Sight Triangle
Shall be determined by connecting two points which are obtained by measuring a distance of
6.0 metres drawn along each lot line abutting the street line from a point where the tangents of
the lot lines abutting the street lines intersect. Where a railway right-of-way and street line
intersect, no building or structures, vehicles, open storage, landscaping, signage or any other use
exceeding 6.0 metres of the street elevation shall be located within a 15.0 metre radius measured
in all directions from the boundary of the railway right-of-way.
26
2.175 Storey
Shall mean that portion of a building:
a)
which is situated between the surface of any floor and the surface of the floor next above
it and if there is no floor above it, that portion between the surface of any floor and the
ceiling above it; and
b)
which is more than 50% above the average finished grade; and
c)
which has a height of not less than 2 metres and includes an attic having not less that 2
metres headroom for at least 50% of the attic floor area.
2.176 Storey, First
Shall mean the lowest storey of a building whereby the ceiling is at least 1.5 metres
above finished grade.
2.177 Street, Highway or Road
Shall be considered to be synonymous and have the meaning as defined for "Road".
2.178 Structure
Shall mean anything that is erected, built or constructed of parts joined together and which is
fixed to or supported by the soil but not a terrace, patio, sign, boundary wall, fence, bridge or
culvert.
2.179 Swimming Pool, Enclosed
Shall mean a pool with any portion of walls of the pool above finished grade and/or located
within a building or enclosed structure detached from the main building. The total lot coverage
of all accessory buildings or structures shall not exceed 15 percent of the total lot area.
2.180 Swimming Pool, Unenclosed
Shall mean a pool with any portion of walls of the pool below finished grade and not located
within a building or structure may be allowed in an interior side yard or rear yard, provided that
the walls of the pool area are a minimum of 1.5 metres from the interior side or rear lot lines and
that any filter, pumps, or similar operating machines are a minimum distance of 0.6 metres from
and lot line and a minimum distance of 3.0 metres from any building.
2.181 Tavern
Shall mean a building, where alcoholic beverages are sold to be consumed on the premises
and shall include all such buildings operating or liable to be licensed under The Liquor
License Act, as amended or revised from time to time.
27
2.182 Temporary Buildings
The temporary use of buildings and structures, including mobile homes, incidental to
and accessory for lawful construction work, will be permitted in all zones, but only for so long as
the same are necessary for the construction work subject to an agreement with the municipality.
2.183 Tourist Commercial
Shall mean a use or establishment which provides goods, services, lodging or meals to
the vacationing public but excludes a marina.
2.184 Tourist Home
Shall mean a tourist establishment containing 3 or more guest rooms or cabins for hire for
a single night or for less than a week at a time and may include accommodation for
permanent staff and a dining room, meeting room, recreational facilities or similar uses.
2.185 Trailer
Shall mean a vehicle so constructed that it is suitable for being attached to a motor vehicle for
the purpose of being drawn or propelled by a motor vehicle and capable of being used for
temporary living, sleeping or eating accommodation of persons, notwithstanding that
such vehicle is jacked up or that its running gear is removed. This definition shall not include a
mobile home as defined herein.
2.186 Trailer Park
Shall mean any land upon which any travel trailer tent, or tent trailer is used or intended to
be used for temporary occupation.
2.187 Use
When used as a noun, shall mean the purpose for which any land, building or structure is
designed, used or intended to be used.
2.188 Use, Continuous
In the context of Section 4.5, Non-Conforming Uses, shall mean the continuous use of a lot,
building or structure, notwithstanding a change of ownership of the property where the use is
located. Use shall further be deemed to be continuous if,
after having ceased, the same use recommenced within a period of one year from the date of
cessation, and/or if a structure is destroyed or damaged, it is rebuilt or repaired for
the same use within a period of one year from the date of its destruction or damage. This is
in addition to the protection afforded by Section 34(9) of The Planning Act.
28
2.189 Vehicle
Shall mean a motor vehicle, trailer, traction engine, farm tractor, road building machine,
motorized snow vehicle and any vehicle drawn, propelled or driven by any kind of power.
2.190 Vehicle Repair Shop
Shall mean a building or part thereof which contains facilities for the repair and maintenance of
vehicle and/or recreational vehicles on the premises, and in which vehicle accessories
are sold and vehicle maintenance and repair operations are performed in return for remuneration,
but does not include a body shop or any establishment engaged in the retail sale of vehicle fuels.
2.191 Warehouse
Shall mean a building or part thereof which is used primarily for the housing, storage, adapting
for sale, packaging or distribution of goods, wares, merchandise, foodstuff, substances, articles
or things, and includes the premises of a warehouseman, but does not include a fuel depot.
2.192 Waste Disposal Area
Shall mean a place where garbage, refuse, or domestic or industrial waste is disposed of or
dumped.
2.193 Waste Disposal Cell
Shall mean the actual physical location where wastes have been buried.
2.194 Watercourse
Shall mean the natural channel for a stream of water and for the purpose of this By-law, includes
any watercourse shown on Schedule "A" and Schedule "B" of this By-law.
2.195 Waterfrontage
Means the boundary of a lot directly abutting an original shoreline reserve.
2.196 Wayside Pit or Quarry
Shall mean a temporary open excavation made for the removal of soil, earth, clay, marl, silt,
sand, gravel or consolidated rock, opened and used by a public road authority, or person or
company operating under the authority of the Ministry of Transportation, solely for the purposes
of road connection.
2.197 Yard
Shall mean an open space on the same lot with a main building or structure,
unoccupied and unobstructed from the ground to the sky, except as otherwise permitted by this
By-law. In determining yard measurements the minimum horizontal distance between the nearest
29
wall of the main building or structure and the respective lot lines measured perpendicular from
the lot line shall be used:
a)
Front Yard shall mean a yard extending across the full width of a lot between the front lot
line and nearest main wall of the main building or structure on the lot;
b)
Rear Yard Shall mean a yard extending across the full width of a lot between the rear
lot line and the nearest main wall of the main building or structure on the lot;
c)
Side Yard shall mean a yard between the nearest side wall of the main building or
structure on the lot and the side lot line and extending from the front yard to the rear yard;
d)
Exterior Side Yard shall mean a side yard immediately adjoining a public or private street
or abutting a reserve on the opposite side of which is located a private or public street; and
e)
Interior Side Yard shall mean a yard extending from the front yard to the rear yard and
from the interior side lot line to the nearest part of the principal building, structure or
excavation on the lot.
2.198 Zone
Shall mean a designated area of land shown on Schedule "A" attached hereto.
2.199 Zoned Area
Shall mean all those lands lying within the corporate limits of the Township of Dawson.
30
SECTION 3 ZONES AND ZONE MAP
3.1
Establishment of Zones
For the purpose of this By-law, the maps hereto attached as Schedule "A-1", A-2" and Schedule
"A-3" shall be referred to as the "Zoning Maps "for the Township of Dawson
and the said zoning maps shall be divided into the following zones:
Zone
Symbol
Agricultural Zone
A
Rural Zone
R
Residential 1 Zone
R1
Residential 2 Zone
R2
Waterfront Residential Zone
WR
Mobile Home Park Zone
MHP
General Commercial Zone
C1
Industrial Zone
M
Institutional Zone
I
Open Space Zone
OS
Hazard Land Zone
HL
Holding Zone
H
3.2 Use of Zone Symbols
The symbols listed in Section 3.1 shall be used to refer to land, buildings and structures and uses
thereof permitted by this By-law in the said zones, and wherever in this By-law the word "Zone"
is used preceded by any of the said symbols, such zones shall mean any area within
the Township of Dawson delineated on the zoning maps and designated therein by
the said symbol.
3.3 Interpretation of Zone Boundaries
Where any uncertainty exists as to the location of the boundary of any of the said zones, as
shown on the zoning maps, the following shall apply:
a)
Unless otherwise shown, the boundary of the zones as shown on the zoning maps and
the centre lines of the road allowance or lot lines and the projection thereof;
b)
Where zone boundaries are indicated as approximately following lot lines shown on
a plan of subdivision, such lot lines shall be deemed to be the said boundary;
c)
Where zone boundaries are indicated as approximately parallel to the line of any
road and the distance from such road is not indicated, such zone boundaries shall
be construed as being parallel to such road and the distance therefrom shall
be determined by the use of the scale shown on the zoning maps;
31
d)
Unless otherwise indicated, a road, lane, railroad, or railway right-of-way or
watercourse included on the zoning maps, is included within the zone of
the adjoining property on either side there of; and where such road, lane, right-of- way or
watercourse serves as a boundary between two or more different zones, a line midway in
such road, lane, right-of-way or watercourse and extending in the general direction of
the long division thereof is considered the boundary between zones, unless specifically
indicated otherwise;
e)
In the event a dedicated road, lane or right-of-way shown on the zone maps is
closed, the property formerly in said road lane or right-of-way shall be included within
the zone of the adjoining property or either side of the said closed road lane right-of-way
and the zone boundary shall be the former centre line of the closed road, lane or right-of-
way;
f)
Where any zone boundary is left uncertain after application of the preceding provisions,
then the boundary line shall be determined according to the scale on the zoning maps
in the office of the Chief Building Official; and
g)
Wherever it occurs, the municipal limit of the Township of Dawson is the boundary of
the zone adjacent to it.
32
SECTION 4 GENERAL PROVISIONS
4.1 Application
The provisions of this section apply in all zones except as may be indicated otherwise.
4.2 Road Frontage Required
No person shall erect any building or structure for permanent, year round or fulltime use unless
the lot upon which such building or structure is to be erected, except as
otherwise specifically permitted by this By-law, has lot frontage upon a road which has been
assumed by the municipality, Province of Ontario or some other road authority, and is
maintained year round by such authority in such a manner so as to permit its use by
vehicular traffic. Notwithstanding the foregoing, a building or structure may be erected upon
a lot within a registered plan of subdivision in accordance with the provisions of a subdivision
agreement in respect of such plan by subdivision notwithstanding that the roads within such plan
of subdivision have not been assumed and are not being maintained by the municipality.
Notwithstanding anything to the contrary in this clause, buildings and structures accessory
to agricultural, forestry and mining uses, but not for human habitation are permitted in
appropriate zones where publicly maintained road frontage is not available.
4.3
Services Required
Notwithstanding any other provisions of this By-law, no lands shall be used nor any building or
structure erected or used thereon unless the requirements of the Northwestern Health Unit
and the Ministry of the Environment are met for the use of private water supply
and sewage treatment services for the servicing of said land, buildings or structures.
4.4
Existing Lots
An existing vacant lot, having less than minimum frontage or lot area required by this By-law,
may be developed for all uses in the appropriate zone, provided all other regulations of this By-
law are satisfied; and
a)
such lots can be safely serviced; and
b) such lots have a minimum frontage of 7.5 metres on a road.
4.5
Non Conforming Uses
The provisions of this By-law shall not apply or prevent the use of any lot, building or
structure for any purpose prohibited by this By-law if such lot, building or structure was lawfully
used for such purpose on the date of passing of this By-law providing such use has been
continuous since that date; nor to prevent the erection or use for any purpose prohibited by this
By-law of any building or structures the plans for which have, prior to the date of the passing of
33
the By-law, been approved by the Chief Building Official so long as the building or
structure when erected is used and continues to be used for the purpose for which it was
erected and provided the erection of such building or structure is commenced within two years
after the date of the passing of the By-law, and such building or structure is completed forthwith
after the erection thereof is commenced.
4.6 Non Compliance with Minimum Lot or Yard Requirements
Where an existing building is located on a lot having less than the minimum frontage or
area required by this By-law, or having less than the minimum setback, front yard, side yard, or
rear yard required by this By-law, the said building may be enlarged, reconstructed, repaired or
renovated provided that:
a) the enlargement, reconstruction, repair or renovation does not further reduce setback,
front yard, side yard, or rear yard having less than the minimum required by this By-
law; and
b) all other applicable provisions of this By-law are complied with.
4.7
Land Without Buildings
Where land is used for or in connection with any use but without any buildings or structures
therein, all yards required by the By-law on a lot in the respective use zone shall be provided
and maintained as yards and the applicable regulations shall apply, except where the land or lot
is used for agriculture, gardening or open space purposes not prohibited by this By-law in such
use zone.
4.8
Yard and Open Space Provision for all Zones
No part of a yard or other open space required abutting any building for the purpose of
complying with the provisions of this By-law shall be included as part of a yard or
other open space similarly required for another building.
4.9
Permitted Encroachments in Yards
Every part of any yard required by this By-law shall be open and unobstructed by any
structure, other than a fence, deck or patio from the ground to the sky, provided however that
those structures listed in the following table shall be permitted to project into the yards
indicated for the distances specified:
34
STRUCTURE
YARD IN WHICH
PROJECTION IS PERMITTED
MAX. PROJECTION FROM
MAIN WALL PERMITTED
sills, belt courses, cornices,
eaves, gutters, chimneys,
parapets or pilasters
Any yard
0.5 metres
fire escapes, and exterior
staircases
Rear yard only
1.5 metres
window bays
Front and Rear yards only
1.0 metres
balconies
Front and Rear yards for
single detached, semi-
detached and duplex dwellings;
any yard for apartment buildings
2.0 metres
open roofed porches not
exceeding one storey in
height; covered terraces
Any yard
2.5 metres including eaves
and cornices
canopies over entrances
Front and Rear yards only
3.0 metres
gate house
Any yard in a Commercial or
Industrial Zone
1.0 metres from property
boundary
4.10 Buffer Strips
a)
A buffer strip shall be used for no other purpose than for the erection of a fence or
the planting of a continuous row of natural evergreens or natural shrubs,
immediately adjacent to the lot line or portion thereof along which such buffer strip is
required hereunder, the remainder of the strip shall be landscaped and planted with
ornamental shrubs, flowering shrubs, flower beds or a combination thereof.
b)
Where a buffer strip is required in any zone, it shall be of a minimum width as specified
in the regulations for that zone.
c)
A buffer strip shall be located within the zone for which it is required.
4.11
Height
The height regulations shall not apply to any ornamental dome, chimney, communications tower,
power transmission tower, storage silo, barn, cupola, steeple, church spire, water storage tank,
elevator enclosure, flag pole, television or radio antennae, grain elevator, windmill or
weather monitoring device.
35
4.12
Setbacks on Railway Lines
Notwithstanding any other provision of this By-law, a residential or institutional building in any
zone is required to be setback a distance of 30 metres from railway lines. The Ministry of
Environment recommends, for all new residential developments near railway lines, the developer
consult a qualified engineer in order to identify the construction standards and landscape
techniques necessary to mitigate the effects of railway noise and vibration.
4.13 Setback from Waste Disposal Site
Notwithstanding any other provisions of this By-law, a residential building in any zone is
required to be setback a distance of 500 metres from existing and former waste disposal cells.
4.14
Setback from Navigable and Non Navigable Watercourses, Hazard Land and
Municipal Surface Drains
Notwithstanding any other provisions of this By-law, a building in any zone is required to
be no nearer than 15 metres from the top of the bank of any watercourse, or municipal drainage
ditch permanent or intermittent, which may or may not be navigable. In the case of hazard lands
no part of any building shall be constructed closer that 15 metres to the nearest point of the area
to which the hazardous condition is deemed to exist
4.15 Structures in Water
No person shall erect, alter or use any structure located in navigable water except in compliance
with The Lakes and Rivers Improvement Act, and The Navigable Waters Act, as revised or
amended from time to time.
4.16 Mobile Homes
Mobile homes shall be permitted in all areas where a single detached dwelling is a permitted use.
4.17 Permitted Public Uses
Notwithstanding anything else in this By-law, the provisions of this By-law shall not apply
to the use of any land or to the erection or use of any building or structure by any
public authority provided that:
a)
the lot coverage, setback and yard requirements prescribed for the zone in which such
land, building or structure is located are complied with, except electric power facilities;
b)
no goods, material, or equipment are stored in the open in a residential zone, or within
30.0 metres of a residential zone;
36
c)
any building erected in a residential zone under the authority of this paragraph is
designed and maintained in general harmony with residential buildings of
the type permitted in the said residential zone; and
d)
any parking and loading regulations are complied with.
4.18 Prohibited Uses
It shall be prohibited to use any land or to erect and use any building or other structure in
any zone for the purpose of wrecking yards, automobile salvage yards, a waste disposal site or
processing facility, a pit or quarry, the collection of rags, junk, any refuse, scrap iron, or
other scrap metals unless such uses are specifically listed as permitted uses within
a particular zone.
4.19 Dangerous Uses
No land, building or structure shall be used in the Township of Dawson for the industrial
manufacture or distribution of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene,
gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum products or
other combustible or inflammable or liquid material which is likely to create danger to health, or
danger from fire or explosion except as otherwise specifically provided for in this By-law.
4.20 Obnoxious Uses
Nothing in this By-law shall be construed to permit the use of land for the erection or use of
a building or structure for any purpose:
a)
that is or is likely to become a nuisance or offensive:
i)
by the creation of noise or vibrations; or
ii)
by reason of the emission of gas, fumes, dust or objectionable odour; or
iii)
by reason of the unsightly storage of goods, wares, merchandise, salvage,
refuse matter or other such material; and
b)
which by the nature of the materials used therein is declared under The Public Health Act,
as amended or revised or any regulations there under to be a noxious or offensive trade,
business or manufacture.
4.21 Home Occupations
Where a home occupation is permitted in a particular zone, it shall:
a)
have at least one permanent resident of the dwelling unit engaged in the business;
b)
have no external display or advertisement other than a non-illuminated sign which is a
maximum size of 1.0.m
2;
37
c)
have no external storage of materials, containers or finished products;
d)
not change the character of the dwelling as a private residence or create or become a
nuisance;
e)
not occupy more than 25% of the floor area of the dwelling unit including in the floor
area any basement area used as living quarters and any basement area used for
home occupation;
f)
there shall be no outside storage of goods, wares, or merchandise other than
those produced on the premises, offered or exposed for sale or rent on such premises;
g)
have not more than one employee who is not a permanent resident of the dwelling unit.
4.22 Home Industry
Where a home industry is permitted in a particular zone, it shall:
a) have at least one permanent resident of the dwelling unit engaged in the business;
b) have not more than two persons, other than the owner, employed on a full-time basis;
c)
have no external display or advertising, other than a non-illuminated sign which is a
maximum size of 1.0m
2;
d) any external storage of materials, containers or finished products shall be screened,
fenced or buffered from view to maintain an attractive appearance;
e) be conducted entirely in an accessory building to a single detached dwelling.
The home industry shall not occupy more than 100.0m
2 in said accessory building;
f)
be clearly secondary to the main residential use and not change the character of
the dwelling unit as a private residence or create or become a nuisance due to such
matters as noise, smell, hours of operation or traffic generation;
g) be located on the same lot as the residential use;
h) have adequate area on the lot that is suitably separated and buffered from the main
residential use for the parking and storage of all vehicles associated with the home industry.
4.23 Accessory Uses
Accessory uses, buildings or structures, are permitted in any yard, in any zone, subject to
the provisions of this By-law for the particular zone in which said building, structure, or use is
located, and provided that the accessory building, structure or use:
38
a)
shall not be used for human habitation, except where a residential use is a permitted
accessory use;
b)
shall not be built closer to the front lot line or side lot line than the minimum distance
required by this By-law for the main building on the lot unless otherwise specified.
c)
in a residential zone, shall not be located in the front yard or the exterior side yard, in the
case of a corner lot except for a garden suite which may be provided in a front yard or
exterior side yard subject to an agreement with the Township. A farm help house maybe
permitted in the front yard in the Agricultural and Rural zones;
d)
in a commercial and industrial zone shall not be built closer to the street than the main
building is to that street;
e)
shall not be built closer than 1.2 metre to any lot line except;
i)
that common semidetached private garages or carports may be centred in the
mutual lot line;
ii)
that where a lot abuts a lane an accessory building or structure may be located
not less than 0.5 metres from the said lane.
f)
shall not exceed 10 percent coverage of the total lot area;
g)
in a residential zone shall not exceed 4.5 metres in height, or contain more than one
storey, except that where a dwelling unit is a permitted accessory use it shall not exceed
6.0 metres in height, or contain more than two storeys. In all other zones the maximum
height shall not exceed 7.0 metres;
h)
shall not be considered as an accessory building or structure if attached to the main
building in any way;
i)
shall not be considered an accessory building or structure if located completely
underground; and
j)
may be permitted in the front yard of a lot having frontage on a lake or river.
4.24
Commercial Accessory Uses
Notwithstanding any other provisions of this By-law, where a commercial use is
permitted as an accessory use in an industrial zone, it shall be located within the main
building, or within 2.0 metres of the main building, shall not exceed 40 percent of
the total floor area of the main building, and shall not exceed a maximum floor area of
278.0m2
39
4.25 Corner Lot Sight Restrictions
Notwithstanding any other provisions of this By-law, and except in a Commercial Zone on
a corner lot, within the triangular space included between the street lines for a distance of
6 metres from the point of intersection, no building or structure including a fence or sign shall
be erected and no shrubs or foliage shall be planted or maintained which obstruct the view of
a driver or a vehicle approaching intersection.
4.26 Setbacks on Municipal Roads
Notwithstanding any other provisions of this By-law, a building or structure in any zone on
a public road allowance which is less than 20 metres wide, shall be set back 10 metres plus
the required minimum front yard for that zone measured from the centre line of
the road allowance.
4.27 Setbacks and Access on Provincial Highways
Any development adjacent to a Provincial Highway will be in accordance with the setback
requirements, access and building permit controls of the Ministry of Transportation. And
proposed access from a provincial highway will be subject to the prior approval of the Ministry
of Transportation.
4.28 Truck, Bus and Coach Bodies or Trailers or Tents used for Human Habitation
a)
Except as expressly permitted by this By-law no truck, bus, railroad car, caboose, coach or
streetcar body shall be used for human habitation whether the same is mounted on wheels
or not; and
b)
except as expressly permitted by this By-law, the use of tents and trailers for
human habitation is prohibited provided, however, that this provision shall not prevent
the use of tents or trailers for children's play or for picnics, or for the occasional
accommodation of guests in a Residential Zone.
4.29 Separation Distances
New non-farm residential development shall be located away from existing intensive agricultural
uses such as livestock or poultry buildings or liquid manure storage structures in accordance with
the Minimum Distance Separation I Criteria and new intensive agricultural operations shall
be located away from existing non-farm residential dwellings in accordance with the Minimum
Distance Separation II Criteria of the Ministry of Agriculture, Food and Rural Affairs.
4.30 Temporary Buildings
The temporary use of buildings and structures, including mobile homes, incidental to
and necessary for lawful construction work will be permitted in all zones, but only for as long as
the same are necessary for the construction work subject to an agreement with the Municipality.
40
4.31 Loading Spaces
No person shall erect or use any building or structure in a Commercial or Industrial
Zone which involves the movement of goods, merchandise of materials, unless loading spaces
are provided and maintained in accordance with the following provisions:
a) one loading space shall be provided for each 278m
2 or fraction thereof of the total floor
area;
b) loading spaces shall have dimensions not less than 3.0 metres by 7.5 metres; and
c) loading spaces shall not have less than 4.5 metres of vertical clearance.
4.32 Standards for Loading Spaces
Where in this By-law, loading spaces are required or permitted, the following standards shall
apply:
a)
adequate driveway space to permit the safe maneuvering, loading and unloading of
vehicles on the lot such that they do not cause an obstruction or a hazardous condition
on adjacent streets or sidewalks;
b)
adequate drainage facilities in accordance with the requirements of the municipality;
c)
illumination of loading spaces shall be so arranged as to be diverted away from any
adjacent Residential or Open Space Zone;
d)
location of loading spaces to be restricted to the rear yard where a lot has access at
both the front and rear to a street or road.
4.33 Parking Requirements
a)
No person shall, within any Residential Zone, use any part of any front yard except
the driveway for the parking or temporary storage of tent trailers, motor homes,
travel trailers, truck campers, school buses, converted buses or fifth wheel units or
motorized snow vehicles;
b)
where a building or structure accommodates more than one use, the required parking
spaces shall be the sum of the required parking spaces for each use;
c)
where a building or structure has deficient parking spaces at the date of passing of this
By-law to comply with the requirements herein, this By-law shall not
be construed to require the deficiency be made up prior to the construction of any
addition. However, no addition may be built and no change in use may occur, the effect
of which would increase the number of deficient parking spaces;
41
d)
tandem parking of vehicles is permitted to accommodate the parking requirements for
single detached dwellings, semidetached dwelling units, duplex units, townhouse units,
mobile homes, group homes, home occupations and home industries.
Off street parking shall be provided in accordance with the following provisions:
TYPE OF USE OF BUILDING
MINIMUM PARKING REQUIRED
single detached dwellings, semi-detached
dwellings, duplexes, multiple unit dwellings,
townhouses, apartment dwellings and mobile
home
1.5 spaces per dwelling unit rounded to the
next highest number
senior citizens apartment house
1 space per dwelling unit
schools
1 space for each teaching staff members, plus 1
additional space for each 20 m2 of auditorium
or gymnasium floor space
churches
1 space for every 6 seats or 4.0 metres of bench
space of its maximum seating capacity
hospitals, nursing homes
1 space for every 4 beds
libraries
a minimum of 10 spaces or 1 space per 28 m2
of building floor space, whichever is greater
group homes
1 space for every 49 m2 of floor area with a
minimum of 2 spaces
boarding house, rooming house, tourist home
and bed and breakfast establishment
1.5 spaces for every 2 rooms rented
bowling alley
3 spaces per bowling lane
curling rink
4 spaces per curling sheet
auditoriums, restaurants, takeout restaurants,
theaters, arenas, community centres,
private clubs and other places of assembly
where there are fixed seats, 1 space for every
5 seats or for every 3.0 metres of bench space;
where there are no fixed seats, 1 space for each
9.0 m 2 of floor area devoted to public use
home occupation and home industry
1 space for each 28 m 2 of floor area or fraction
thereof devoted to said use in addition to
the parking required for the dwelling
hotels, motels, taverns
1 space per rental unit, plus
1 additional space for each 9.0 m 2 of floor
area devoted to public uses such as restaurants,
taverns and other eating places associated with
motels and staff houses
industrial uses
1 space for each 93 m 2 of floor area or for each
3 employees whichever is greater
retail or service stores
1 space per 28 m2 of retail floor area
clinic
6 spaces per practitioner
offices
1 space per 28 m2 of floor area
golf courses
4 spaces per hole
golf driving range
1 space for every 2 persons who can
be accommodated at one time
riding stable
1 space for every 4 horses available for
public riding
marinas
1 space per 28 m 2 of retail floor area plus
1 space for each boat slip
42
4.34 Parking for the Handicapped
Handicapped parking spaces shall be a minimum of 3.7 metre
wide and the minimum number required to be provided shall be as follows:
TOTAL NUMBER OF
REQUIRED NUMBER
PARKING SPACES
OF HANDICAPPED SPACES
09
0
10-99
1
100-199
2
200 plus
3
4.35
Standards for Parking Areas
Where in this By-law parking areas designed for 4 or more vehicles are required or permitted:
a)
adequate drainage facilities shall be provided and maintained in accordance with the
requirements of the Municipality;
b)
the parking area and approaches shall be surfaced with concrete, asphalt, crushed stone,
gravel or a combination thereof with a stable surface treated to prevent the raising of dust
or loose particles;
c)
the lights used for illumination of parking areas shall be so arranged as to divert the
light away from adjacent lots;
d)
parking areas shall be within 90.0 metres of the location which it is intended to serve
and shall be situated in the same zone;
e)
a strip of land not less than 3.0 metres wide lying within the lot in which the parking
area is located and along all boundaries of said area shall be used for landscaping,
excluding those areas used as entrances and exits; and
f)
each parking space shall be 3.0 metres by 6.0 metres and shall
be provided with unobstructed access to a street by a driveway, aisle or lane.
43
4.36 Parking and Loading Areas Screen Requirements
A parking area designed for 4 or more vehicles and any loading area shall be screened from any
abutting residential use by a landscaped buffer strip, in compliance with Section 4.10 of this By
law.
4.37 Special Uses Permitted
Nothing in this By-law shall prevent the use of land or the use or erection of a building or
structure for:
a)
a scaffold or other temporary building or structure incidental to construction in progress on
premises for which a building permit has been granted, until such time as the work has
been finished or abandoned;
b)
a sign having an area of not more than 4.7 m
2incidental to construction in progress
on premises for which a building permit has been granted, until such time as the work has
been finished or abandoned;
c)
a street sign or street light or yard light;
d)
an authorized sign or signal;
e)
a public election list or other proclamation of governmental authority; or
f)
a sign erected to fulfill the conditions of a registered subdivision agreement provided such
sign is erected in conformity with Section 4.23.
4.38 Television Dish Antennae
Any television dish antennae larger than 3 feet in diameter shall not be located in the front yard
of any lot.
4.39 Continuation of Agricultural Use
Nothing herein contained shall prevent the continued use of any land, building or structure for
farming purposes, or any addition or extension of such use provided that any additions or
extensions of such use shall comply with the requirements of Section 5 for a Agricultural (A)
Zone as to coverage, height and yard provisions.
44
4.40 Group Homes
A group home, licensed by the appropriate Provincial Ministry, shall be permitted within
any single detached dwelling, a semidetached or duplex dwelling, subject to the requirements of
this subsection:
a)
a group home shall have a maximum of 10 residents, excluding staff or receiving family;
and
b)
save as hereinafter provided, a group home in any zone in which single unit
residential uses are permitted shall not be within 5 kilometers of another group home in
the Rural and Agricultural zones.
4.41 Garden Suites
a)
Garden suites shall be permitted as accessory temporary residential accommodation
for a maximum of 10 years pursuant to Section 39 of The Planning Act, and shall
be considered accessory to a permitted single detached or semidetached dwelling;
b)
the garden suite shall not be permitted to separate by consent from the main
residential dwelling on the lot;
c)
the garden suite may be serviced from the main dwelling on the lot, subject to
the approval of the Health Unit where required; and
d)
a mobile home may be used as a garden suite
4.42 Bed and Breakfast Establishments
Where permitted, a bed and breakfast establishment shall be subject to the requirements of
the zone in which it is located and the following:
a)
be permitted only within an existing single detached and semidetached residential
dwelling;
b)
be clearly secondary to the main residential use;
c)
be operated by a resident of the dwelling, in which the bed and breakfast establishment is
located;
d)
not contain more than 4 guest rooms; and
e)
not provide outside display or advertising, other than a non-illuminated sign which
shall not exceed 1.0m
2in area indicating the name of the bed and breakfast establishment.
45
4.43 Service Stations, Public Garages and Gas Bars
a)
Fuel pumps and fuel pump islands may be located in any required yard,
however no portion of any fuel pump island shall be erected closer than 6.0 metres from
any road allowance;
b)
the minimum distance from the intersection of the front and side lot line to
the nearest ingress or egress ramp shall not be less than 9.0 metres;
c)
the maximum width of a curb ramp at the front or side lot line shall not be more than
7.0 metres;
d)
the minimum distance between the ramps shall not be less than 9.0 metres;
e)
a canopy or roof may be erected over fuel pumps and fuel pump islands or may
be extended from the main building to the pump island, however a minimum setback of
3.0 metres is required between the extent of the canopy or the roof and any lot line; and
f)
where the lot is a corner lot, no portion of any canopy or roof shall be located within
any sight triangle.
4.44 Automobile Wrecking Yards and Scrap Metal Yards
Where land is used for the purpose of an automobile wrecking yard or scrap metal yard or
similar use, the storage of derelict automobiles, scrap metal, junk and other material shall
not be carried out in that part of the land designated herein as the required front yard,
required side yard or required rear yard. A natural or artificial screen or buffer strip shall
be provided to obscure the subject property from the street on which the lands abut and from any
adjoining properties to the side or rear of the subject property and shall be a minimum of
6.0 metres in width in compliance with Section 4.10 of this By-law.
4.45 Wayside Pits and Quarries and Portable Asphalt Plants
Wayside pits and quarries and portable asphalt plants shall be permitted throughout
the Township except in the Village of Pinewood and Village of Sleeman and wayside pits
and quarries are not permitted within 90 metres of an existing residential use and portable asphalt
plants are not permitted within 300 metres of an existing residential use.
SECTION 5 AGRICULTURAL ZONE(A) REGULATIONS
5.1
Permitted Uses
No land shall be used in the Agricultural Zone (A) except for the following purposes:
a)
agricultural
b)
conservation uses
c)
forestry
d)
a home industry
e)
a home occupation
f)
trapping
g)
resource management
h)
mining and mineral exploration
i)
a single detached dwelling
j)
a farm help house accessory to an agricultural operation
k)
a mobile home
l)
a modular dwelling
m)
peat extraction and processing
n)
wayside pits and quarries
o)
portable asphalt plants
p)
small scale agricultural related commercial/industrial uses
q)
small scale forestry related commercial/industrial uses
r)
accessory uses
5.2
Zone Provisions
a)
Minimum Lot Area
32 hectares
b)
Minimum Lot Frontage
100.0 metres
c)
Maximum Lot Coverage
15 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
15.0 metres
f)
Minimum Exterior Side Yard
15.0 metres
g)
Minimum Rear Yard
15.0 metres
h)
Maximum Building Height
10.5 metres
i)
Minimum Dwelling Unit Area
60.0 square metres
5.3
Zone Provisions for Farm Help Houses
a)
Minimum Front Yard
15.0 metres
b)
Minimum Side Yard
4.5 metres
c)
Minimum Exterior Side Yard
15.0 metres
d)
Minimum Rear Yard
15.0 metres
e)
Maximum Building Height
10.5 metres
f)
Minimum Dwelling Unit Area
45 square metres
g)
Maximum Dwelling Unit Area
60 square metres
47
5.4
Zone Provisions for Farm Retirement Dwellings and Residential Infilling
a)
Minimum Lot Area
1.2 hectares
b)
Minimum Lot Frontage
90.0 metres
c)
Minimum Front Yard
15.0 metres
d)
Minimum Side Yard
7.5 metres
e)
Minimum Exterior Side Yard
15.0 metres
a)
Minimum Rear Yard
15.0 metres
b)
Maximum Lot Coverage
10 per cent
c)
Maximum Building Height
10.5 metres
i)
Minimum Dwelling Unit Area
60 square metres
j)
Separation Distance
in accordance with Section 4.29
5.5 Zone Provisions for Agricultural Related Commercial/Industrial Uses
a)
Minimum Lot Area
1.2 hectares
b)
Minimum Lot Frontage
90.0 metres
c)
Maximum Lot Coverage
15 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
15.0 metres
f)
Minimum Rear Yard
15.0 metres
g)
Maximum Height
10.5 metres
h)
Minimum Ground Floor Area
60.0 square metres
48
SECTION 6 RURAL ZONE(R) REGULATIONS
6.1
Permitted Uses
No land shall be used in the Rural Zone (R) except for the following purposes:
a)
agricultural
b)
forestry
c)
mining and mineral exploration
d)
wildlife management
e)
trapping
f)
conservation uses
g)
wayside pits and quarries
h)
a single detached dwelling
i)
a farm help house accessory to an agricultural operation
j)
a mobile home
k)
a modular dwelling
l)
a cottage, cabin or recreational residential use
m)
peat extraction and processing
n)
a home occupation
o)
a home industry
p)
kennel
q)
commercial greenhouse
r)
grain elevator and grain drying facility
s)
small scale commercial/industrial uses
t)
public recreational uses
u)
portable asphalt
v)
accessory uses
6.2
Zone Provisions
a)
Minimum Lot Area
4.0 hectares
b)
Minimum Lot Frontage
100.0 metres
c)
Maximum Lot Coverage
10 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
15.0 metres
f)
Minimum Exterior Side Yard
15.0 metres
g)
Minimum Rear Yard
15.0 metres
h)
Maximum Building Height
10.5 metres
i)
Minimum Dwelling Unit Area
60.0 square metres
6.3
Zone Provisions for Residential Lots Created by Consent/Plan of Subdivision
a)
Minimum Lot Area
1.2 hectares
b)
Minimum Lot Frontage
90.0 metres
c)
Maximum Lot Coverage
10 percent
d)
Minimum Front Yard
15.0 metres
49
e)
Minimum Side Yard
7.5 metres
f)
Minimum Exterior Side Yard
15.0 metres
g)
Minimum Rear Yard
15.0 metres
h)
Maximum Building Height
10.5 metres
i)
Minimum Dwelling Unit Area
60 square metres
j)
Agricultural Separation Distance
in accordance with Section 4.29
6.4
Zone Provisions for Farm Help Houses
In accordance with the provisions of Section 5.3.
6.5
Zone Provisions for Small Scale Commercial and Industrial Uses
a)
Minimum Lot Area
1.2 hectares
b)
Minimum Lot Frontage
90.0 metres
c)
Maximum Lot Coverage
15 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
15.0 metres
f)
Minimum Rear Yard
15.0 metres
g)
Maximum Height
10.5 metres
h)
Minimum Ground Floor Area
60.0 square metres
50
SECTION 7 RESIDENTIAL 1 ZONE (R1) REGULATIONS
7.1
Permitted Uses
No land shall be used in the Residential 1 Zone (R1) except for the following purposes:
a)
a single detached dwelling
b)
a mobile home
c)
a modular dwelling
d)
a semi-detached dwelling
e)
a home occupation
f)
a home industry
g)
a group home
h)
accessory uses
amended by By-law 443.
7.2
Zone Provisions for a Single Detached Dwelling
a)
Minimum Lot Area
0.4 hectares
b)
Minimum Lot Frontage
30.0 metres
c)
Maximum Lot Coverage
15 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
4.0 metres
f)
Minimum Exterior Side Yard
15.0 metres
g)
Minimum Rear Yard
15.0 metres
h)
Maximum Building Height
10.5 metres
i)
Minimum Dwelling Unit Area
80 square metres
7.3
Zone Provisions for a Mobile Home and Modular Dwelling
a)
Minimum Lot Area
0.4 ha
b)
Minimum Lot Frontage
30.0 metres
c)
Maximum Lot Coverage
10 percent
d)
Minimum Front Yard
10.0 metres
e)
Minimum Side Yard
4.0 metres
f)
Minimum Exterior Side Yard
10.0 metres
g)
Minimum Rear Yard
10.0 metres
h)
Maximum Dwelling Height
4.0 metres
i)
Minimum Dwelling Unit Area
45.0 square metres
7.4
Zone Provisions for a Semi Detached Dwelling
a)
Minimum Lot Area
0.8 ha
b)
Minimum Lot Area per Unit
0.4 ha
c)
Minimum Lot Frontage
25.0 metres
d)
Maximum Lot Coverage
10 percent
51
e)
Minimum Front Yard
15.0 metres
f) Minimum Side Yard
4.0 metres, no side yard is
required for
a semidetached dwelling between
the common vertical wall
dividing one unit from another.
g) Minimum Exterior Side Yard
15.0 metres on each side, except
that where an entrance to
a garage faces an exterior side yard,
the exterior side yard shall
be 6.0 metres
h)
Minimum Rear Yard
15.0 metres
i)
Maximum Building Height
10.5 metres
j)
Minimum Dwelling Unit Area
80 square metres
7.5 Zone Provisions for Boarding House, Lodging House, Rooming House, Tourist House
a)
Minimum Lot Area
0.4 ha
b)
Minimum Lot Frontage
30.0 metres
c)
Maximum Lot Coverage
10 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
4.0 metres
f)
Minimum Exterior Side Yard
15.0 metres
g)
Minimum Rear Yard
15.0 metres
h)
Minimum Landscaped Open Space
10 percent
i)
Maximum Dwelling Height
10.5 metres
j)
Minimum Dwelling Unit Area
110 square metres
k)
Minimum Guest Room Area
9 square metres
52
SECTION 8 RESIDENTIAL 2 ZONE (R2) REGULATIONS
8.1
Permitted Uses
No land shall be used in the Residential 2 Zone (R2) except for the following purposes:
a)
an apartment building
b)
a triplex dwelling
c)
a nursing home or home for the aged
d)
accessory uses
8.2
Zone Provisions for a Apartment Buildings, Nursing Home, Homes for the Aged
a)
Minimum Lot Area
0.8 hectares
b)
Minimum Lot Frontage
31.5 metres
c)
Maximum Lot Coverage
30 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
6.0 metres
f)
Minimum Rear Yard
10.0 metres
g)
Minimum Landscaped Open Space
10 percent
h)
Maximum Building Height
10.5 metres
i)
Minimum Dwelling Unit Area
i)
Bachelor Unit
45 square metres
ii)
One Bedroom Unit
55 square metres
iii)
Two Bedroom Unit
65 square metres
8.3
Zone Provisions for Triplex Dwelling
a)
Minimum Lot Area
0.8 ha
b)
Minimum Lot Frontage
31.5 metres
c)
Maximum Lot Coverage
30 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
4.5 metres
f)
Minimum Exterior Side Yard
6.0 metres
g)
Minimum Rear Yard
10.0 metres
h)
Minimum Landscaped Open Space
10 percent
i)
Maximum Dwelling Height
10.5 metres
j)
Minimum Dwelling Unit Area
60.0 square metres
53
SECTION 9 WATERFRONT RESIDENTIAL ZONE(WR) REGULATIONS
9.1
Permitted Uses
No land shall be used in the Waterfront Residential Zone (WR) except for
the following purposes:
a)
a single detached dwelling
b)
a mobile home
c)
a modular dwelling
d)
a home occupation
e)
a home industry
f)
a boarding house, rooming house or tourist home
g)
accessory uses
9.2
Zone Provisions for a Single Detached Dwelling
a)
Minimum Lot Area
0.4 hectares
b)
Minimum Lot Frontage
30.0 metres
c)
Maximum Lot Coverage
10 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
4.0 metres
f)
Minimum Exterior Side Yard
15.0 metres
g)
Minimum Rear Yard
15.0 metres
h)
Maximum Building Height
10.5 metres
i)
Minimum Dwelling Unit Area
80 square metres
9.3
Zone Provisions for a Mobile Home and Modular Dwelling
a)
Minimum Lot Area
0.4 ha
b)
Minimum Lot Frontage
30.0 metres
c)
Maximum Lot Coverage
10 percent
d)
Minimum Front Yard
10.0 metres
e)
Minimum Side Yard
4.0 metres
f)
Minimum Exterior Side Yard
10.0 metres
g)
Minimum Rear Yard
10.0 metres
h)
Maximum Dwelling Height
4.0 metres
i)
Minimum Dwelling Unit Area
60.0 square metres
9.4
Zone Provisions for Boarding House, Lodging House, Rooming House. Tourist House
a)
Minimum Lot Area
0.4 ha
b)
Minimum Lot Frontage
30.0 meters
c)
Maximum Lot Coverage
10 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
4.0 metres
54
f)
Minimum Exterior Side Yard
15.0 metres
g)
Minimum Rear Yard
15.0 metres
h)
Minimum Landscaped Space
10 percent
i)
Maximum Building Height
10.5 metres
j)
Minimum Dwelling Unit Area
110 square metres
k)
Minimum Guest Room Area
9 square metres
55
SECTION 10 MOBILE HOME PARK ZONE(MHP)REGULATIONS
10.1 Permitted Uses
No land shall be used in the Mobile Home Park Zone (MHP) except for the following purposes:
a)
mobile homes
b)
accessory uses
10.2 Zone Provisions
a)
Minimum Lot Area
2.0 hectares
b)
Minimum Site Area per Unit
275 square metres
c)
Minimum Lot Frontage
90 metres
d)
Maximum Lot Coverage
30 percent
e)
Minimum Front Yard
9.0 metres
g)
Minimum Side Yard
7.5 metres
g)
Minimum Exterior Side Yard
9.0 metres
h)
Minimum Rear Yard
9.0 metres
i)
Minimum Landscaped Space
10 percent
j)
Maximum Dwelling Height
4.0 metres
k)
Minimum Dwelling Unit Area
45 square metres
56
SECTION 11 GENERAL COMMERCIAL ZONE(C) REGULATIONS
11.1 Permitted Uses
No land shall be used in the General Commercial Zone (C1)except for
the following purposes:
a)
retail, service or convenience store
b)
business or professional office
c)
financial institution
d)
commercial or private club
e)
theatre, bowling alley, billiard room or an other entertainment facility
f)
gas bar
g)
automobile service station, public garage
h)
florist
i)
motor vehicle or recreation vehicle sales, leasing and storage establishment
j)
barber shop, beauty salon or other personal service establishment
k)
restaurant, tavern
l)
animal hospital or veterinary clinic
m)
car wash
n)
community centre
o)
laundromat or dry cleaning establishment
p)
bake shop or bakery
q)
taxi service establishment
r)
undertaking establishment
s)
parking lot
t)
builder's supply outlet
u)
contractor's yard
v)
gift shop or craft shop
w)
grocery store
x)
seasonal campground
y)
shoe repair
z)
commercial school
aa)
shopping centre
bb)
a tourist commercial use
cc)
marina
dd)
curling rink
ee)
a single detached dwelling
ff)
accessory manufacturing to a retail or service store provided the manufacturing
does not exceed 50 percent of the floor area and the products
manufactured are primarily for sale at retail on the premises
gg)
accessory uses, including an accessory apartment dwelling unit.
57
11.2 Zone Provisions for Commercial Uses
a)
Minimum Lot Area
0.4 ha
b)
Minimum Lot Frontage
i)
on Municipal Road
30 metres
ii)
on Provincial Highway.
45 metres
c)
Maximum Lot Coverage
60 percent
d)
Minimum Front Yard
i)
on Municipal Road
6.0 metres
ii)
on Provincial Highway
14.0 metres
e)
Minimum Side Yard
2.0 metres
f)
Minimum Exterior Side Yard
4.5 metres
g)
Minimum Rear Yard
6.0 metres
h)
Minimum Landscaped Area
none
i)
Maximum Building Height
10.5 metres
j)
Minimum Floor Area
60 square metres
k) Buffer Strip
Where a General Commercial
Zone (C1) abuts a residential,
institutional or open space zone,
a buffer strip shall
be provided along the property
line having a minimum width of
3.0 metres in compliance with
Section 4.10
11.3 Zone Provisions for Automobile Service Stations and Public Garages
Notwithstanding any other provision of this By-law, where a lot is used for
an automobile service station or public garage, the following regulations shall apply:
a)
Minimum Lot Area
0.8 hectare
b)
Minimum Lot Frontage
i)
on Municipal Road
36.0 metres
ii)
on Provincial Highway.
45.0 metres
c)
Maximum Lot Coverage
35 percent
d)
Minimum Front Yard
i)
on Municipal Road
12.0 metres
ii)
on Provincial Highway
14.0 metres
e)
Minimum Side Yard
4.5 metres
f)
Minimum Exterior Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Minimum Landscaped Area
10 percent
i)
Maximum Building Height
10.5 metres
j)
Minimum Floor Area
40 square metres
k) Buffer Strip
Where an automobile service station
or public garage abut a residential,
institutional or open space zone,
a buffer strip shall
58
be provided along the property
line having a minimum width of
3.0 metres in compliance with
Section 4.10
l)
Outside Storage
Outside storage is prohibited, except
merchandise offered for sale
11.4 Zone Provisions for Accessory Apartment Dwelling Unit
a)
Minimum Dwelling Unit Area
i)
Bachelor Unit
45 square metres
ii)
One Bedroom Unit
55 square metres
iii)
Two Bedroom Unit
65 square metres
b)
Minimum Amenity Area per
9 square metres
Dwelling Unit
11.5 Zone Provisions for a Single Detached Dwelling
In accordance with the provisions set out in Section 7.2 .
59
SECTION 12 INDUSTRIAL ZONE(M)REGULATIONS
12.1 Permitted Uses
No land shall be used in the Industrial Zone (M)except for the following purposes:
a)
light industrial workshop
b)
buildings to house automotive sales and service and scrap metal facilities
c)
an equipment sales and servicing establishment
d)
blacksmith or welder's shop
e)
carpenter or joiner's shop
f)
concrete products factory
g)
warehouse
h)
forest products processing plant
i)
sawmill
j)
fish packing and processing plant
k)
machine shop
l)
hydro generating or distribution station
m)
communication transmission facility
n)
sewage treatment plant
o)
water treatment plant
p)
automotive wrecking yard or scrap metal yard
q)
airport buildings
r)
contractor's building and yard
s)
bulk sales or warehouse sales establishment
t)
abattoir
u)
manufacturing, processing and assembly plant
v)
waste disposal site
w)
mining and mineral exploration
x)
aggregate extraction and processing including crushing, screening, washing
y)
wayside pits and quarries
z)
portable asphalt plants
aa)
accessory uses including retail uses and a single detached dwelling unit or mobile
home for a caretaker or one person and his family employed by
a manufacturing or industrial operation or permitted use.
12.2 Zone Provisions for Industrial Uses
a)
Minimum Lot Area
1.2 hectare
b)
Minimum Lot Frontage
i)
on Municipal Road
40.0 metres
ii)
on Provincial Highway.
45.0 metres
c)
Maximum Lot Coverage
35 percent
d)
Minimum Front Yard
15.0 metres
e)
Minimum Side Yard
10 metres
f)
Minimum Exterior Side Yard
10 metres
60
g)
Minimum Rear Yard
10 metres
h)
Minimum Side Yard or Rear
0 metres
Yard Abutting a Railway
Right-of-Way
i)
Minimum Landscaped Area
10 percent
j)
Maximum Building Height
12 metres
k)
Minimum Floor Area
140 square metres
l) Buffer Strip
Where an industrial use abuts
a residential, institutional or
open space zone, a buffer strip shall
be provided along the property
line having a minimum width of
3.0 metres in compliance with
Section 4.10
m) Retail Use Area
maximum of 5% of the ground floor
area or 278 square metres,
whichever is the greater
n) Outside Storage
Outside operations and storage of
goods and materials
including refuse containers are not
permitted within 9.0 metres of
Residential Zone. Outside operations
and storage of goods and materials
including refuse containers shall
be permitted in the rear
yard and interior side yard and in
the case of a corner lot, not within
the required exterior yard setback.
Outside operations and storage of
goods and materials
including refuse containers are to
be screened from the view of
adjacent streets by means of
fencing and/or landscaping features.
12.3 Zone Provisions for Waste Disposal Sites
a)
Minimum Lot Area
20.0 hectare
b)
Minimum Lot Frontage
100.0 metres
c)
Maximum Lot Coverage
1 percent
d)
Minimum Front Yard
30.0 metres
e)
Minimum Side Yard
30.0 metres
f)
Minimum Rear Yard
30.0 metres
g)
Maximum Building Height
10.5 metres
h) Buffer Strip
where a waste disposal site abuts
a residential, institutional or open
space zone a buffer strip,
together with screening measures
shall be provided along the property
line having a minimum width of
6.0 metres in compliance
with Section 4.10
61
12.4 Zone Provisions for Aggregate Extraction and Processing Uses
a)
Minimum Lot Area
4.0 hectare
b)
Minimum Lot Frontage
100.0 metres
c)
Maximum Lot Coverage
1 percent
d)
Minimum Excavation Setback
i) from lot line
15.0 metres
ii) from road allowance
30.0 metres
iii) from abutting lands used
30.0 metres
for residential,
institutional, commercial or
recreational uses
iv) from abutting any lands zoned
30.0 metres
for Residential uses
e)
Minimum Setback for Building,
Equipment, Machinery, or Stockpiling
i) from lot line
30.0 metres
ii) from road allowance
30.0 metres
iii) from lands used or zoned
90.0 metres
for residential purposes
f)
Minimum Setback for Blasting
450 metres
Operations
g) Buffer Strip
where an aggregate use abuts
a residential, institutional,
commercial or open
space use, a buffer strip together wit
h screening measures shall
be provided along the property
line having a minimum width of
6.0 metres in compliance with
Section 4.10
12.5 Zone Provisions for Wayside Pits and Quarries and Portable Asphalt Plants
In accordance with the provisions of Section 4.45.
12.6 Zone Provisions for an Accessory Dwelling Unit
In accordance with the provisions set out in Section 7.2 for a single detached dwelling or
Section 7.3 for a mobile home.
62
SECTION 13 INSTITUTIONAL ZONE(I)REGULATIONS
13.1 Permitted Uses
No land shall be used in the Institutional Zone (I) except for the following purposes:
a)
hospital
b)
clinic
c)
public or private school or other educational institution
d)
church, synagogue, church hall or religious institution
e)
library or cultural institution
f)
government office
g)
post office
h)
fire hall
i)
arena
j)
community centre
k)
animal shelter
l)
assembly hall, club or fraternal organization
m)
cemetery
n)
accessory uses
13.2 Zone Provisions
a)
Minimum Lot Area
0.4 hectare
b)
Maximum Lot Coverage
40 percent
c)
Minimum Front Yard
7.5 metres
d)
Minimum Side Yard
5.0 metres
e)
Minimum Rear Yard
7.5 metres
f)
Maximum Building Height
10.5 metres
63
SECTION 14 OPEN SPACE ZONE (OS) REGULATIONS
14.1 Permitted Uses No land shall be used in the Open Space Zone (OS) except for
the following purposes:
a)
public and private parks, playgrounds and sports and recreation facilities
b)
picnic facilities
c)
dock and launching ramp
d)
conservation area
e)
campground
f)
marina
g)
golf course
h)
golf driving range
i)
fair grounds
j)
swimming pool
k)
community centre
l)
outdoor skating rink
m)
arena
n)
curling rink
o)
religious retreat
o)
accessory uses
14.2 Zone Provisions
a) Minimum Lot Area
0.4 hectares
b) Minimum Lot Frontage
30.0 metres
c) Maximum Lot Coverage
15 percent
d) Minimum Front Yard
10.0 metres
e) Minimum Side Yard
10.0 metres
f) Minimum Rear Yard
10.0 metres
g) Maximum Building Height
10.5 metres
h) Maximum Floor Area
50.0 square metres
64
SECTION 15 HAZARD LAND ZONE(HL) REGULATIONS
15.1 Permitted Uses
No land shall be used in the Hazard Land Zone (HL)except for the following purposes:
a)
agricultural
b)
forestry
c)
wildlife management, conservation area
d)
electric power generation and transmission
e)
mineral exploration
f)
dwellings existing at the date of the passing of this By-law, and uses, buildings
and structures accessory thereto, but not conversions or enlargements thereof
g)
public and private parks, including playgrounds, picnic facilities, sport fields,
tennis courts, golf course, outdoor natural rinks and docks.
15.2 Fill
No fill shall be placed on or removed from land in the Hazard Land Zone (HL) whether
originating on such lands or elsewhere.
15.3 Zone Provisions
a) Minimum Building Setback
15 metres from top of bank and along
the shoreline of the Rainy River, and Lake
of the Woods no building shall
be located below 324.9 metres (C.G.D.) with
the exception of docks and boathouses.
65
SECTION 16 HOLDING ZONE(H) REGULATIONS
16.1
The Holding Zone (H) limits development on lots to which it applies until such time as
Council adopts a By-law, pursuant to Section 35 of The Planning Act, 1990,
removing the Holding (H) symbol. When the Holding (H) symbol is
removed, the regulations of the parent zone which applies to the lot will come into force.
16.2 Permitted Uses
No land shall be used in the Holding Zone (H), except for the following purposes:
a)
existing uses
b)
accessory uses
16.3 Zone Provisions
a)
Minimum Lot Area
as existing
b)
Minimum Lot Frontage
as existing
c)
Maximum Lot Coverage
10 percent
d)
Maximum Height
10.5 metres
e)
Minimum Floor Area
70 square metres
f)
Minimum Front Yard
7.5 metres
g)
Minimum Side Yard
7.5 metres
h)
Minimum Rear Yard
7.5 metres
66
SECTION 17 EXCEPTIONS
The following provisions shall have effect notwithstanding anything else in this By-law and
the other provisions of this By-law shall be deemed to be amended insofar as is necessary to
give effect hereto:
Exception Numbers
(Used with Various Zoning
Classifications as Shown
on Schedules "A" and "B")
Provisions
WR-1 Schedule "A-1"
For the purposes of this By-law,
"Triskle Zoning By-
the following regulations shall apply:
Law No. 507"
a) Maximum Lot Coverage 35%
b) Minimum Front Yard 50 m
WR-2 Schedule "A-1"
For the purposes of this By-law, the
"Lecuyer Zoning By-law"
following regulations shall apply
a)
Maximum Lot Coverage 35%
b)
Minimum Front Yard
7.5m
c)
Minimum Side Yard
4.5m
d)
Minimum Rear Yard
7.5m
R-3
Schedule "A-1"
Notwithstanding the provisions of this By-
"Drennan Zoning By-law"
law, no structures are to be located within
By-law 622
15 metres from the top of the bank of
Wilson Creek.
R-4
Schedule "A-1"
Notwithstanding the provisions of this By-
"Section 51 Severance Zoning
the following shall apply:
By-law"- By-law No. 640
a) no building construction is to take place
below 324.9 metres above sea level
(Canada Geodeteic Data) and no
opening in any building shall be below
324.9 metres a.s.l.
b) with the exception of docks and
boathouses, no structures are to be
located within 15 metres of the top of
bank of Mud Creek or the Rainy River.
67
WR-5 Schedule "A-1"
Notwithstanding the provisions of this By-
"Section 48 Subdivision Zoning
the following shall apply:
By-law"- By-law No. 645
a) no building construction is to take place
below 324.9 metres above sea level
(Canada Geodeteic Data) and no
opening in any building shall be below
324.9 metres a.s.l. With the exception of
docks and boathouses, no structures are
to be located within 15 metres of the top
of bank of Rainy River.
68
If no notice of objection is filed with the Clerk within the time provided, this By-law shall
come into force and take effect on the date of enactment by the Council of the Corporation of
the Township of Dawson, in accordance with Section 34 of The Planning Act, 1990.
If a notice of objection is filed with the Clerk, this By-law shall become effective on the date of
enactment hereof, subject to receiving the approval of the Ontario Municipal Board.
Enacted this 2nd day of December 1998.
_L.J.Hodges________________________
P. W. Giles ______________
Reeve - L.J.Hodges
Clerk P. W. Giles
69
CONVERSION TABLE (APPROXIMATE)
Metres
Feet
Square Metres
Square Feet
0.5
2.0
0.2
2
1.0
3.0
9.0
100
1.5
5.0
16.75
180
2.0
6.5
20.0
215
2.5
8.0
28.0
300
3.0
10.0
37.0
400
3.5
11.0
45.0
484
4.0
13.0
55.0
592
4.5
15.0
60.0
645
6.0
20.0
65.0
700
7.0
23.0
70.0
750
7.5
25.0
80.0
860
9.0
30.0
85.0
915
10.0
33.0
110.0
1180
10.5
34.0
140.0
1500
12.0
39.0
232.0
2500
15.0
49.0
275.0
2960
18.0
59.0
372.0
4000
20.0
66.0
465.0
5000
23.0
75.0
511.0
5500
24.4
80.0
557.0
6000
30.0
98.0
650.0
7000
38.0
125.0
690.0
7400
90
295.0
700
7535
100.0
328.0
744
8000
Hectares
Acres
0.4
1.0
0.8
2.0
1.2
3.0
4.0
10.0
20.0
50.0
32.0
80.0
Conversion Factors: Metres to Feet multiply by 3.2808
Square Metres to Square Feet multiply by 10.7642
Hectares to Acres multiply by 2.4707
NOTE: The above tables are for convenience only and do not form part of this By-law.
70