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April 2023
THE CORPORATION OF THE
TOWN OF DESERONTO
COMPREHENSIVE ZONING
BY-LAW 27-2023
This page intentionally left blank.
The Corporation of the Town of Deseronto
Comprehensive Zoning By-law __-2023
A by-law to regulate the use of land, and the character, location and use of buildings and
structures in the Town of Deseronto.
WHEREAS the County of Hastings Official Plan was approved on August 3, 2018 by the
Ministry of Municipal Affairs and Housing;
AND WHEREAS Section 26 of the Planning Act requires that the Zoning By-law of the Town
of Deseronto be amended to conform to the Official Plan of the County of Hastings;
AND WHEREAS the Town of Deseronto now deems it desirable and in the public interest
to rescind By-law 13-93, and all Amendments thereto, and enact a new Comprehensive
Zoning By-law under Section 34 of the Planning Act, S.O. 1990 c P. 13, as amended, which
will serve to regulate the use of the land and the character, location and size of buildings
and structures within the boundaries of the Town of Deseronto;
NOW THEREFORE BE IT RESOLVED that the Town of Deseronto enacts By-law No. __-
2023 as follows:
READ a first, second and third time and finally passed this ____ day of ________, 2023.
_______________________________
Dan Johnston, Mayor
_______________________________
Gail Maracle, Clerk
Town of Deseronto: Comprehensive Zoning By-law
Table of Contents
i
1.0 INTERPRETATION......................................................................................................... 1
1.1
TITLE ................................................................................................................................................... 1
1.2
DECLARATION .................................................................................................................................. 1
1.3
APPLICATION .................................................................................................................................... 1
1.4
INTERPRETATION ............................................................................................................................ 1
1.5
ZONE SYMBOLS ............................................................................................................................... 1
1.6
SPECIAL ZONE SYMBOLS .............................................................................................................. 1
1.7
FLOODPRONE LANDS ..................................................................................................................... 2
1.8
INTERPRETATION OF ZONE BOUNDARIES ................................................................................ 2
1.9
RESIDENTIAL AND NON-RESIDENTIAL USES ............................................................................ 3
1.10
LOCATION OF ZONE PROVISIONS ............................................................................................... 3
1.11
HEADINGS.......................................................................................................................................... 3
2.0 COMPLIANCE WITH THE BY-LAW .................................................................................. 4
2.1
CONFORMITY .................................................................................................................................... 4
2.2
INTERPRETATION ............................................................................................................................ 4
2.3
CHANGE IN LOT SIZE ...................................................................................................................... 4
2.4
CHANGE IN USE ............................................................................................................................... 4
2.5
PUBLIC ACQUISITION ...................................................................................................................... 4
2.6
COMMITTEE OF ADJUSTMENT .................................................................................................... 4
3.0 ADMINISTRATION, ENFORCEMENT AND ENACTMENT .................................................. 5
3.1
ADMINISTRATION ............................................................................................................................ 5
3.2
ENFORCEMENT ................................................................................................................................ 6
3.3
ENACTMENT ..................................................................................................................................... 7
4.0 DEFINITIONS ................................................................................................................ 8
4.1
ACCESSORY BUILDING OR STRUCTURE .................................................................................... 8
4.2
ACCESSORY USE .............................................................................................................................. 8
4.3
ALTER ................................................................................................................................................. 8
4.4
APARTMENT ..................................................................................................................................... 8
4.5
ARENA ................................................................................................................................................ 8
4.6
ASSEMBLY HALL .............................................................................................................................. 8
4.7
ATTACHED ......................................................................................................................................... 8
4.8
ATTIC .................................................................................................................................................. 8
Town of Deseronto: Comprehensive Zoning By-law
Table of Contents
ii
4.9
BANK ................................................................................................................................................... 9
4.10
BASEMENT ........................................................................................................................................ 9
4.11
BASEMENT, WALKOUT ................................................................................................................... 9
4.12
BED & BREAKFAST ESTABLISHMENT ......................................................................................... 9
4.13
BEDROOM .......................................................................................................................................... 9
4.14
BEST MANAGEMENT PRACTICES ................................................................................................ 9
4.15
BLOCK ................................................................................................................................................. 9
4.16
BOARDING OR LODGING HOUSE .................................................................................................. 9
4.17
BOAT HOUSE, PRIVATE ................................................................................................................ 10
4.18
BUILDING ........................................................................................................................................ 10
4.19
BUILDING HEIGHT ......................................................................................................................... 10
4.20
BUILDING PERMIT......................................................................................................................... 10
4.21
BUILDING, PRINCIPAL .................................................................................................................. 10
4.22
BUILDER'S SUPPLY OUTLET ....................................................................................................... 10
4.23
BULK STORAGE TANK ................................................................................................................. 10
4.24
BUSINESS AND/OR PROFESSIONAL OFFICE .......................................................................... 10
4.25
BY-LAW ............................................................................................................................................ 10
4.26
BY-LAW ENFORCEMENT OFFICER ............................................................................................ 11
4.27
CABIN, PRIVATE ............................................................................................................................ 11
4.28
CABIN, TOURIST ............................................................................................................................ 11
4.29
CARPORT ........................................................................................................................................ 11
4.30
CARTAGE OR TRANSPORT DEPOT ........................................................................................... 11
4.31
CELLAR ............................................................................................................................................ 11
4.32
CEMETERY...................................................................................................................................... 11
4.33
CERTIFICATE OF OCCUPANCY .................................................................................................. 11
4.34
CHIEF BUILDING OFFICIAL.......................................................................................................... 11
4.35
CLINIC .............................................................................................................................................. 12
4.36
COMMERCIAL CLUB ..................................................................................................................... 12
4.37
COMMERCIAL VEHICLE ............................................................................................................... 12
4.38
COMMUNITY CENTRE ................................................................................................................. 12
4.39
CONSERVATION ............................................................................................................................ 12
4.40
CONTRACTOR'S YARD ................................................................................................................. 12
4.41
CONVENIENCE STORE ................................................................................................................. 12
Town of Deseronto: Comprehensive Zoning By-law
Table of Contents
iii
4.42
COUNCIL ......................................................................................................................................... 12
4.43
COUNTY .......................................................................................................................................... 13
4.44
COURT ............................................................................................................................................. 13
4.45
CRAFT SHOP .................................................................................................................................. 13
4.46
CUSTOM WORKSHOP .................................................................................................................. 13
4.47
DAY NURSERY ............................................................................................................................... 13
4.48
DRIVE THROUGH SERVICE FACILITY ....................................................................................... 13
4.49
DRIVEWAY ...................................................................................................................................... 13
4.50
DRY CLEANERS ESTABLISHMENT ............................................................................................ 13
4.51
DWELLING UNIT ............................................................................................................................ 13
4.52
DWELLING UNIT AREA ................................................................................................................. 15
4.53
EATING ESTABLISHMENT........................................................................................................... 15
4.54
EAVE ................................................................................................................................................. 15
4.55
EQUIPMENT SALES/RENTAL AND REPAIR ESTABLISHMENT ............................................ 15
4.56
ERECT .............................................................................................................................................. 15
4.57
ESTABLISHED BUILDING LINE ................................................................................................... 16
4.58
EXISTING ......................................................................................................................................... 16
4.59
FARM IMPLEMENT AND SUPPLY DEALER .............................................................................. 16
4.60
FERMENT ON PREMISES FACILITY .......................................................................................... 16
4.61
FILL LINE ......................................................................................................................................... 16
4.62
FIRE HALL ....................................................................................................................................... 16
4.63
FLEA MARKET ................................................................................................................................ 16
4.64
FLOOD LINE, REGULATORY ........................................................................................................ 16
4.65
FLOODPLAIN .................................................................................................................................. 16
4.66
FLOOR AREA, GROSS ................................................................................................................... 16
4.67
FLOOR AREA, GROUND ................................................................................................................ 17
4.68
FLOOR AREA, RETAIL ................................................................................................................... 17
4.69
FLOOR AREA, TOTAL .................................................................................................................... 17
4.70
FOOD SUPERMARKET .................................................................................................................. 17
4.71
FUNERAL HOME ............................................................................................................................ 17
4.72
GARAGE, PRIVATE ........................................................................................................................ 17
4.73
GARAGE, PUBLIC ........................................................................................................................... 17
4.74
GOLF COURSE ................................................................................................................................ 17
Town of Deseronto: Comprehensive Zoning By-law
Table of Contents
iv
4.75
GOVERNMENT ADMINISTRATION ............................................................................................ 18
4.76
GRADE, FINISHED.......................................................................................................................... 18
4.77
GUEST .............................................................................................................................................. 18
4.78
GUEST ROOM ................................................................................................................................. 18
4.79
HABITABLE ROOM ........................................................................................................................ 18
4.80
HEIGHT OF BUILDING .................................................................................................................. 18
4.81
HIGHWAY ........................................................................................................................................ 18
4.82
HOME OCCUPATION .................................................................................................................... 18
4.83
HOTEL .............................................................................................................................................. 19
4.84
LANDSCAPED OPEN SPACE ....................................................................................................... 19
4.85
LANE ................................................................................................................................................ 19
4.86
LAUNDRY ESTABLISHMENT....................................................................................................... 19
4.87
LIQUOR LICENCED PREMISES ................................................................................................... 19
4.88
LOADING SPACE ............................................................................................................................ 19
4.89
LOT ................................................................................................................................................... 19
4.90
LOT LINE ......................................................................................................................................... 20
4.91
LUMBER YARD ............................................................................................................................... 21
4.92
MANUFACTURING/ASSEMBLY/FABRICATING/PROCESSING PLANT .............................. 21
4.93
MARINA ........................................................................................................................................... 21
4.94
MARINE FACILITY ......................................................................................................................... 21
4.95
MARINE/SNOWMOBILE DEALER ............................................................................................... 21
4.96
MOTOR VEHICLE ........................................................................................................................... 21
4.97
MOTORIZED MOBILE HOME ....................................................................................................... 23
4.98
MOTORIZED SNOW VEHICLE ..................................................................................................... 23
4.99
MUNICIPAL/PUBLIC UTILITIES YARD ....................................................................................... 23
4.100
NON-CONFORMING .................................................................................................................. 23
4.101
NOXIOUS ..................................................................................................................................... 23
4.102
NURSERY/GARDEN CENTRE .................................................................................................. 23
4.103
NURSERY SCHOOL ................................................................................................................... 23
4.104
NURSING HOME ........................................................................................................................ 24
4.105
OFFICE, BUSINESS, ADMINISTRATIVE OR PROFESSIONAL ............................................ 24
4.106
OPEN SPACE .............................................................................................................................. 24
4.107
ORNAMENTAL STRUCTURE ................................................................................................... 24
Town of Deseronto: Comprehensive Zoning By-law
Table of Contents
v
4.108
OUTSIDE STORAGE .................................................................................................................. 24
4.109
OWNER ........................................................................................................................................ 24
4.110
PARK, PRIVATE .......................................................................................................................... 24
4.111
PARK, PUBLIC ............................................................................................................................ 25
4.112
PARKING AREA .......................................................................................................................... 25
4.113
PARKING LOT............................................................................................................................. 25
4.114
PARKING SPACE ....................................................................................................................... 25
4.115
PERSON ....................................................................................................................................... 25
4.116
PIT ................................................................................................................................................ 25
4.117
PLACE OF ENTERTAINMENT ................................................................................................. 25
4.118
PLACE OF WORSHIP ................................................................................................................ 26
4.119
PLAZA COMPLEX ...................................................................................................................... 26
4.120
PRINTING/PUBLISHING ESTABLISHMENT ......................................................................... 26
4.121
PROVINCIAL HIGHWAY ........................................................................................................... 26
4.122
PUBLIC AUTHORITY ................................................................................................................. 26
4.123
PUBLIC LIBRARY ....................................................................................................................... 26
4.124
QUARRY ...................................................................................................................................... 26
4.125
RECREATION, ACTIVE .............................................................................................................. 26
4.126
RECREATION, PASSIVE ............................................................................................................ 26
4.127
RENTAL ESTABLISHMENT ..................................................................................................... 27
4.128
RETAIL COMMERCIAL ESTABLISHMENT ............................................................................ 27
4.129
RIGHT-OF-WAY .......................................................................................................................... 27
4.130
ROOM, HABITABLE ................................................................................................................... 27
4.131
ROOM, NON-HABITABLE ......................................................................................................... 27
4.132
SALVAGE YARD ......................................................................................................................... 27
4.133
SANITARY SEWER .................................................................................................................... 27
4.134
SAW AND/OR PLANING MILL ................................................................................................. 27
4.135
SCHOOL ...................................................................................................................................... 28
4.136
SENSITIVE LAND USE .............................................................................................................. 28
4.137
SEPARATION DISTANCE ......................................................................................................... 28
4.138
SERVICE SHOP .......................................................................................................................... 28
4.139
SETBACK ..................................................................................................................................... 28
4.140
SHOPPING PLAZA ..................................................................................................................... 28
Town of Deseronto: Comprehensive Zoning By-law
Table of Contents
vi
4.141
SHORT TERM ACCOMMODATION ........................................................................................ 28
4.142
SIGHT TRIANGLE ...................................................................................................................... 29
4.143
SIGN ............................................................................................................................................. 29
4.144
SOLAR COLLECTOR .................................................................................................................. 29
4.145
SPECIAL NEEDS HOUSING ...................................................................................................... 29
4.146
STACKED TOWNHOUSE .......................................................................................................... 30
4.147
STACKING LANE ....................................................................................................................... 31
4.148
STAFF DORMITORY .................................................................................................................. 31
4.149
STOREY ....................................................................................................................................... 31
4.150
STORM SEWER .......................................................................................................................... 31
4.151
STREET OR ROAD ..................................................................................................................... 31
4.152
STREET LINE .............................................................................................................................. 31
4.153
STRUCTURE ............................................................................................................................... 31
4.154
SWIMMING POOL ...................................................................................................................... 31
4.155
TOURIST ESTABLISHMENT .................................................................................................... 32
4.156
TOURIST HOME ......................................................................................................................... 32
4.157
TRAILER ...................................................................................................................................... 32
4.158
TRUCK CAMPER ........................................................................................................................ 32
4.159
TRUCK TERMINAL .................................................................................................................... 32
4.160
USE ............................................................................................................................................... 33
4.161
WAREHOUSE .............................................................................................................................. 33
4.162
WASTE DISPOSAL AREA.......................................................................................................... 33
4.163
WATERCOURSE ......................................................................................................................... 33
4.164
WATER FRONTAGE .................................................................................................................. 33
4.165
WATER SUPPLY......................................................................................................................... 33
4.166
WATER SUPPLY PLANT ........................................................................................................... 33
4.167
WAYSIDE PIT OR QUARRY ...................................................................................................... 33
4.168
WELL ............................................................................................................................................ 33
4.169
WORKSHOP ................................................................................................................................ 34
4.170
YARD ............................................................................................................................................ 34
4.171
ZONE ............................................................................................................................................ 35
4.172
ZONE PROVISIONS ................................................................................................................... 35
5.0 GENERAL PROVISIONS ............................................................................................... 36
Town of Deseronto: Comprehensive Zoning By-law
Table of Contents
vii
5.1
ACCESSORY BUILDINGS, STRUCTURES AND USES .............................................................. 36
5.2
DRIVE-THROUGH SERVICE FACILITY ....................................................................................... 39
5.3
CANNABIS PRODUCTION AND PROCESSING ......................................................................... 39
5.4
DWELLING UNIT BELOW GRADE ............................................................................................... 40
5.5
ESTABLISHED BUILDING LINE IN BUILT-UP AREA ................................................................ 40
5.6
EXISTING BUILDINGS, STRUCTURES AND USES ................................................................... 40
5.7
EXTERNAL DESIGN ....................................................................................................................... 42
5.8
FRONTAGE ON A STREET OR ROAD ......................................................................................... 42
5.9
HAZARD LANDS ............................................................................................................................. 42
5.10
HOME OCCUPATION .................................................................................................................... 44
5.11
HEIGHT EXCEPTIONS .................................................................................................................. 45
5.12
ILLUMINATION ............................................................................................................................... 45
5.13
LOADING SPACE REQUIREMENTS ............................................................................................ 45
5.14
EXISTING LOTS HAVING LESS AREA AND/OR FRONTAGE ................................................. 47
5.15
MULTIPLE USES ON ONE LOT .................................................................................................... 47
5.16
NOXIOUS USES .............................................................................................................................. 47
5.17
PARKING AREA REQUIREMENTS .............................................................................................. 47
5.18
PLANTING STRIPS AND SCREENS ............................................................................................ 53
5.19
PUBLIC USES .................................................................................................................................. 53
5.20
SETBACKS FROM HIGH WATER MARK .................................................................................... 54
5.21
SHORT TERM ACCOMMODATION ............................................................................................ 54
5.22
SIGHT TRIANGLES ........................................................................................................................ 55
5.23
SPECIAL USES PERMITTED ........................................................................................................ 55
5.24
THROUGH LOTS ............................................................................................................................ 55
5.25
TRAILERS, CAMPER TRAILERS AND TENTS ........................................................................... 55
6.0 ZONE PROVISIONS ..................................................................................................... 57
6.1
RESIDENTIAL TYPE 1 (R1) ZONE ............................................................................................... 57
6.2
RESIDENTIAL TYPE 2 (R2) ZONE ............................................................................................... 59
6.3
RESIDENTIAL TYPE 3 (R3) ZONE ............................................................................................... 61
6.4
GENERAL COMMERCIAL (C1) ZONE ......................................................................................... 64
6.5
MAIN STREET CORE COMMERCIAL (C2) ZONE ..................................................................... 69
6.6
WATERFRONT DEVELOPMENT (C3) ZONE ............................................................................. 72
6.7
GENERAL INDUSTRIAL (M1) ZONE ........................................................................................... 75
Town of Deseronto: Comprehensive Zoning By-law
Table of Contents
viii
6.8
WASTE DISPOSAL INDUSTRIAL (M2) ZONE............................................................................ 78
6.9
COMMUNITY FACILITY (CF) ZONE............................................................................................ 80
6.10
HAZARD (H) ZONE ........................................................................................................................ 82
6.11
FUTURE DEVELOPMENT (FD) ZONE ......................................................................................... 83
Town of Deseronto: Comprehensive Zoning By-law
Section 1: Interpretation
1
1.0 INTERPRETATION
1.1 TITLE
The By-law may be cited as the "Town of Deseronto Zoning By-law".
1.2 DECLARATION
The Schedule "A" contained herein is declared to form part of this By-law.
1.3 APPLICATION
This By-law shall apply and be enforceable with respect to the lands within the limits of the
Corporation of the Town of Deseronto. For the purposes of this By-law, the definitions and
interpretations given herein shall govern, unless the context requires otherwise.
1.4 INTERPRETATION
For the purposes of this By-law, words used in the present tense include the future; words
in singular number include the plural and words in the plural include the singular number;
the word "shall" is mandatory; the word "may" is permissive; the words "used" and "occupied"
shall include the words, "arranged" and "designed to be used or occupied". The terms "Town"
and "Corporation" are used interchangeably and refer to the Town of Deseronto.
1.5 ZONE SYMBOLS
The zone symbols used herein refer to lots, buildings, structures and excavations and to
the use of lots, buildings, structures and excavations permitted by this By-law in the Zones.
Whenever, within the context of this By-law, the word "Zone" is used, preceded by any of the
symbols, such Zone shall mean any area within the Corporation of the Town of Deseronto
within the scope of this bylaw, delineated on Schedule "A" and designated thereon by the
symbol.
1.6 SPECIAL ZONE SYMBOLS
1.6.1 EXCEPTION ZONES
Where the Zone Symbol designating certain lands, as shown within this By-law is followed
by a dash and a number, for example C1-1, special zone provisions apply to such lands.
Such special provisions are found by reference within each zone in Section 6 entitled
"EXCEPTIONS". Lands designated in this manner shall be subject to all the restrictions of
the Zone, except as may otherwise be provided by the Special Zone Provisions.
1.6.2 HOLDING ZONES
Where the Zone symbol designating certain lands, as shown on Schedule "A" is followed by
a dash and the letter "h", Holding Zone provisions apply to such lands and the permitted
uses and relevant zone provisions applicable to that zone do not apply until the Holding
Town of Deseronto: Comprehensive Zoning By-law
Section 1: Interpretation
2
Zone symbol "h" is removed in accordance with the requirements of the Planning Act, R.S.O.
1990, as amended.
Prior to the removal of the Holding Zone symbol "h", only uses which existed as of the date
of the adoption of the Holding Zone provisions are permitted.
The Holding Zone provision shall only be removed in accordance with Section 36 of the
Planning Act, R.S.O. 1990, as amended and only when Council is satisfied that the criteria
described below have been met in a manner and form acceptable to Council.
The criteria to be satisfied prior to the removal of the Holding Zone symbol "h" from an area
shown on Schedule "A" shall be either the provision of adequate municipal roads, electricity,
piped water, storm and sanitary sewer services to a specific area, an agreement entered
into between the owner, the applicable agency or public utility, and the Corporation of the
Town of Deseronto to provide the aforementioned municipal roads , electrical and piped
services, or the satisfaction of conditions for development including the provision of
specific design features.
For areas within the flood plain, Council must be satisfied that development can be
adequately protected from flooding and erosion, and that detrimental environmental effects
would not result. Council shall consult the Quinte Conservation Authority in this regard. In
addition, building or construction plans, submitted in accordance with Section 3 of this By-
law, must incorporate floodproofing measures, and be presented to Council.
1.7 FLOODPRONE LANDS
The "f" symbol, which is intended to identify lands within the flood plain, shall not be
removed unless engineering data satisfactory to the municipal Council and The Quinte
Conservation Authority warrants a change in the location of the floodline.
The "f" symbol runs with the land and the requirement to incorporate floodproofing
construction measures into building plans shall apply to all future projects for which a
building permit under Section 3 of this By-law is required.
Provisions related to development and floodproofing and flood protection measures are
described in more detail in Section 5.8 of this By-law.
1.8 INTERPRETATION OF ZONE BOUNDARIES
Where possible, the extent and boundaries of all Zones, as shown on Schedule "A" shall be
construed to be lot lines, street lines, centre lines of streets, railway rights-of-way or
boundaries of registered plans. In the case where uncertainty exists as to the boundary of
any Zone, then the location of such boundary shall be determined in accordance with the
scale of Schedule "A".
In the event that a street delineated on Schedule "A" is closed, the land formerly within such
street or road shall be included within the Zone of the adjoining land on either side of such
closed street. Where a closed street is the boundary between two or more different zones,
Town of Deseronto: Comprehensive Zoning By-law
Section 1: Interpretation
3
the former road allowance shall assume the zone of the property to which it has been
added.
Where a lot is divided into more than one zone on the map schedules attached to and
forming part of this By-Law, each such portion of the lot shall be used in accordance with
the Zone Provisions of this By-Law for that portion of the lot.
Where a zone boundary is indicated as following the corporate limits of the Corporation of
the Town of Deseronto, then such limits shall be the zone boundary.
1.9 RESIDENTIAL AND NON-RESIDENTIAL USES
For the purpose of reference, all buildings, structures and excavations and all uses and
activities of or in relation to buildings, structures, excavations and lots named as uses or
activities permitted and classified under the headings of "Residential" and "Non-Residential"
may be referred to as residential and non- residential buildings, structures, excavations or
uses and activities respectively.
1.10 LOCATION OF ZONE PROVISIONS
All the Zone Provisions of this By-law which are applicable to a use or activity, building,
structure or excavation shall be provided within the zone in which such use or activity,
building, structure or excavation is located, unless a specific provision of this By-law
provides otherwise.
1.11 HEADINGS
The captions appearing at the headings of the parts, sections and clauses of this By-law or
on Schedule "A" of this By-law together with the illustrations, examples and explanatory
notes appearing at various places throughout this By-law have been inserted as a matter of
convenience and for reference only and in no way define, limit or enlarge the scope or
meaning of this By-law or any of its provisions.
Town of Deseronto: Comprehensive Zoning By-law
Section 2: Compliance with the By-law
4
2.0 COMPLIANCE WITH THE BY-LAW
2.1 CONFORMITY
No land, building, structure, excavation, lot or premises shall be used or occupied and no
building, structure or excavation shall be erected, altered or made, in whole or in part, for
any purpose EXCEPT in conformity with the provisions of this By-law.
2.2 INTERPRETATION
The provisions of this By-law shall be held to be the minimum requirements EXCEPT where
the word maximum is used, in which case the maximum requirement shall apply.
2.3 CHANGE IN LOT SIZE
No lot shall be changed in area, depth or width, either by the conveyance of land or
otherwise, so that the lot coverage exceeds the maximum permitted by this By-law, or so
that the existing or resulting lot area, lot width or yards will be less than the minimum
permitted by the provisions of this By-law.
2.4 CHANGE IN USE
A use or occupation of land, building, structure, excavation, lot or premises or any activity
in connection therewith which, under the provisions of this By-law, is not permissible within
the zone in which such land, building, structure or excavation, lot or premises is located
shall not be changed except to a use, occupation or activity connected therewith which is
permissible within such zone.
2.5 PUBLIC ACQUISITION
No person shall be deemed to have contravened any provision of this By-law by reason of
the fact that any part or parts of any lot has or have been conveyed to or acquired by any
Public Authority.
2.6 COMMITTEE OF ADJUSTMENT
Nothing in this By-law shall be deemed to detract from the powers of a Committee of
Adjustment appointed under the provisions of the Planning Act, R.S.O. 1990.
Town of Deseronto: Comprehensive Zoning By-law
Section 3: Administration, Enforcement and Enactment
5
3.0 ADMINISTRATION,
ENFORCEMENT AND ENACTMENT
3.1 ADMINISTRATION
3.1.1 BY-LAW ENFORCEMENT
This By-law shall be administered and enforced by such person, persons, or public body
appointed by the Council of the Corporation of the Town of Deseronto.
3.1.2 BUILDING AND OTHER PERMITS
Notwithstanding the provisions of the Building Code Act, as amended and the Regulations
passed thereunder or any other By-law of the Corporation, no building permit or occupancy
permit shall be issued where the proposed building, structure, excavation or use or activity
would be in violation of any of the provisions of this By-law. No such permit shall be deemed
to authorize the violation of any provision of this By-law.
3.1.3 APPLICATION FOR PERMITS
In addition to all the requirements of the Building Code Act and Regulations or any other by-
law of the Corporation, every application for a building permit shall be accompanied by a
plan in duplicate, drawn to scale and showing the following:
a) the true dimensions of the lot to be built upon or otherwise used;
b) the proposed location, height, floor area and dimensions of any building, structure
or activity proposed for such lot;
c) the proposed locations and dimensions of any yards, setbacks, landscaped open
space, off-street parking or off-street loading facilities required by this By-law;
d) the location of all existing buildings or structures on the lot shown on the plan;
e) a statement signed by the owner or his duly authorized agent disclosing the exact
use proposed for each aforesaid building, structure, use or activity and giving all
information necessary to determine if such proposed or existing building, structure,
use or activity conforms with the requirements of this By-law.
3.1.4 CERTIFICATE OF OCCUPANCY
Upon request by an owner or authorized agent, a Certificate of Occupancy may be issued
by the person, persons, or public body appointed by the Town, to the effect that the
proposed use or activity on the specified property complies with this bylaw.
3.1.5 OCCUPANCY OF UNCOMPLETED DWELLING HOUSES
No dwelling shall be used for human habitation until the Building Code Act, as amended,
and the Regulations passed thereunder have been complied with and, in any event, not
before the main side walls and roof have been erected, the o, external siding and roofing
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Section 3: Administration, Enforcement and Enactment
6
completed and kitchen, heating and sanitary conveniences have been installed and the
structure rendered usable, safe and fit for human habitation.
3.1.6 BUILDINGS OR STRUCTURES TO BE MOVED
In all zones, no building or structure, residential or otherwise, normally requiring a building
permit for construction shall be moved within the area affected by this By-law without a
permit issued by the person, persons, or public body appointed by the Town.
3.2 ENFORCEMENT
3.2.1 INSPECTION
The person, persons, or public body appointed by the Town, or any officer or any employee
of the Corporation acting under the direction of Council is hereby authorized to enter, at all
reasonable hours, upon any property or premises for the purpose of carrying out his duties
under this By-law provided such entry is otherwise lawful.
3.2.2 VIOLATION AND PENALTIES
In accordance with Section 67 of the Planning Act, R.S.O. 1990, as amended, every person
who uses any lot or erects or uses any building, structure or excavation in a manner contrary
to any requirement of this By-law or who causes or permits such use, activity or erection or
who violates any provision of this By-law or causes or permits a violation shall be guilty of
an offence and upon conviction thereof shall forfeit and pay a penalty not exceeding the
limits prescribed in Section 67 (1), (2), and (3) of the Planning Act, R.S.O. 1990, exclusive of
costs, for each offence and every such penalty shall be recoverable under the Municipal
Act,
R.S.O. 1990, as amended, and the Provincial Offences Act, R.S.O. 1990, as amended.
3.2.3 CONTRAVENTION RESTRAINED BY ACTION
In the case where any building or structure is to be erected, altered, reconstructed, extended
or part thereof is to be used or any lot is to be used, in contravention of any requirement of
this By-law, such contravention may be restrained by action at the request of any ratepayer
or of the Corporation, pursuant to the provisions of the Municipal Act, R.S.O. 1990, as
amended.
3.2.4 VALIDITY
If any section, clause or provision of this By-law, including anything contained on Schedule
"A" is for any reason declared by a court of competent jurisdiction to be invalid, the same
shall not affect the validity of the bylaw as a whole or any part thereof other than the section,
clause or provision including anything contained in Schedule "A" so declared to be invalid.
It is hereby declared to be the intention that all the remaining sections, clauses or previsions,
including anything contained on Schedule "A" of this By-law, shall remain in full force and
effect until repealed, notwithstanding that one or more provisions thereof shall have been
declared to be invalid.
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3.3 ENACTMENT
3.3.1 ZONE SCHEDULE
The provisions of this By-law shall apply to all lands within the limits of the Corporation of
the Town of Deseronto. For the purposes of this By-law, such lands are divided into various
zones which are delineated on Schedule "A" attached hereto and forming part of this By-
law:
Residential Type 1 (R1) Zone
Residential Type 2 (R2) Zone
Residential Type 3 (R3) Zone
General Commercial (C1) Zone
Main Street Core Commercial (C2) Zone
Waterfront Development (C3) Zone
General Industrial (M1) Zone
Waste Disposal Industrial (M2) Zone
Community Facility (CF) Zone
Hazard (H) Zone
Future Development (FD) Zone
3.3.2 REPEAL OF OTHER ZONING BY-LAWS
All By-laws in force within the Corporation regulating the use of land and the character,
location, bulk, height and use of buildings and structures, be and the same are hereby
amended insofar as it is necessary to give effect to the provisions of this By-law and the
provisions of this By-law shall govern.
Without limiting the generality of the foregoing, By-law No. 13-93 and all amendments
thereto are hereby repealed in their entirety.
3.3.3 ADOPTION OF BY-LAW
This By-law shall come into force on the date of passing by the Council of the Corporation
of the Town of Deseronto.
The Clerk is hereby authorized and directed to proceed with the giving of notice under
Section 34, Subsection 18 of the Planning Act, R.S.O. 1990.
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4.0 DEFINITIONS
4.1 ACCESSORY BUILDING OR STRUCTURE
Shall mean a detached building or structure the use of which is customarily incidental and
subordinate to a principal use, building or structure and located on the same lot therewith.
4.2 ACCESSORY USE
Shall mean a use customarily incidental and subordinate to, and exclusively devoted to the
main use of the lot, building or structure and located on the same lot as such main use.
4.3 ALTER
Shall mean when used in reference to a building or part thereof, to change any one or more
of the internal or external dimensions of such building, or to change the type of construction
of the exterior walls of roof thereof. When used in reference to a lot, the word "alter" means
to decrease the width, depth or area or 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
public highway or laneway, whether such alteration is made by conveyance or alienation of
any portion of said lot or otherwise. The words "altered" and "alteration" shall have a
corresponding meaning.
4.4 APARTMENT
See Dwelling: Dwelling, Apartment.
4.5 ARENA
Shall mean a building or structure constructed around an ice rink, including spectator
seating, two or more seating areas for visiting teams and provisions made for storage and
access of ice cleaning equipment and all other required equipment used for the purpose of
organized activities, including sports and other group functions.
4.6 ASSEMBLY HALL
Shall mean a building, part of a building or a structure in which facilities are provided for
such purposes as meetings for civic, educational, political, religious or social purposes and
shall include a banquet hall, private club or fraternal organization hall.
4.7 ATTACHED
When used to describe any building or structure shall mean that the roof of such building
or structure is supported by a wall of the principal building.
4.8 ATTIC
Shall mean the portion of a building situated between the roof and the ceiling of the top
storey, which is not a one-half storey.
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4.9 BANK
Shall mean a building or structure used for purposes as defined under the Chartered Bank
Act.
4.10 BASEMENT
Shall mean that portion of a building between two floor levels which is partly underground
but which has at least one-half of its height, from finished floor to the undersides of the
floor joists for the next storey, above the average grade level adjacent to the exterior walls
of the building.
4.11 BASEMENT, WALKOUT
Shall mean that portion of a building which is partly underground, but which has more than
50% of the floor area not greater than 0.5 metres below grade and which has an entrance
or exit at grade level.
4.12 BED & BREAKFAST ESTABLISHMENT
Shall mean a dwelling containing not more than three guest rooms used or maintained for
the overnight accommodation of the travelling public, in which the proprietor supplies
lodging, with or without meals, in return for monetary compensation, but shall not include
short term accommodation as defined in this By-law.
4.13 BEDROOM
Shall mean a room in a dwelling unit that does not include:
i)
Common areas open to all occupants of the unit;
ii)
Areas used for sanitary (such as a washroom) or cooking purposes such as
a kitchen); and
iii)
Areas occupied by mechanical equipment, such as a furnace, hot water
heaters and laundry equipment.
For the purpose of this definition, a bachelor, bachelorette or studio unit shall be calculated
to contain one bedroom.
4.14 BEST MANAGEMENT PRACTICES
Strategies employed on a site to minimize negative impacts to the natural environment,
both in the short and long term, which may involve structural or planning techniques.
4.15 BLOCK
Shall mean the smallest unit of land, the boundaries of which consist entirely of public
streets, rivers, railway lines, public parks or any combination thereof.
4.16 BOARDING OR LODGING HOUSE
Shall mean a dwelling containing not more than four guest rooms in which the proprietor
supplies lodging, with or without meals, in return for monetary compensation. For the
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10
purposes of this By-law, a boarding or lodging house shall not include a motel, hotel, bed
and breakfast establishment, special needs housing, hospital or any other similar use
defined or classified herein.
4.17 BOAT HOUSE, PRIVATE
Shall mean a detached accessory building or portion of a dwelling which is designed or
used for the sheltering of a boat or other form of water transportation and storage of
household equipment incidental to the residential occupancy.
4.18 BUILDING
Shall mean a structure having a roof, supported by columns or walls or supported directly
on the foundation and used for the shelter or accommodation of persons, animals or goods.
4.19 BUILDING HEIGHT
See Height of Building.
4.20 BUILDING PERMIT
Shall mean a building permit issued by the Chief Building Official of the Corporation of the
Town of Deseronto under the Ontario Building Code.
4.21 BUILDING, PRINCIPAL
Shall mean a building or structure in which the primary use is conducted.
4.22 BUILDER'S SUPPLY OUTLET
Shall mean a building or structure in which construction, building and home improvement
materials are offered or kept for sale at retail or wholesale, but does not include any
establishment otherwise defined or classified herein.
4.23 BULK STORAGE TANK
Shall mean a tank for the bulk storage of petroleum, gasoline, diesel or other fuels, oil, gas,
propane or flammable liquid or fuel but does not include a container for flammable liquid or
fluid legally and properly kept in a retail store or a tank for storage merely incidental to some
other use of the premises where such tank is located.
4.24 BUSINESS AND/OR PROFESSIONAL OFFICE
Shall mean any building or part of a building in which one or more persons are employed in
the management, direction or conducting of a business or where professionally qualified
persons and their staff serve clients or patients who seek advice, consultation or treatment
and may also include the administrative offices of a non-profit or charitable organization.
4.25 BY-LAW
Shall mean the Corporation of the Town of Deseronto Zoning By-law.
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Section 4: Definitions
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4.26 BY-LAW ENFORCEMENT OFFICER
Shall mean the officer or employee of the Corporation for the time being charged with the
duty of enforcing the provisions of the By-law of the Corporation.
4.27 CABIN, PRIVATE
Shall mean a detached accessory building or structure located on the same lot as the
principal building or structure, the accessory use being for sleeping accommodation in
which sanitary facilities may be provided but shall not contain cooking facilities.
4.28 CABIN, TOURIST
Shall mean a detached building for the sleeping accommodation of guests in which sanitary
facilities may be provided but shall not contain any facilities for the preparation or cooking
of food.
4.29 CARPORT
Shall mean a portion of a dwelling which is a roofed enclosure designed for the storage or
parking of a motor vehicle with at least 40 percent of the total perimeter open and
unobstructed.
4.30 CARTAGE OR TRANSPORT DEPOT
Shall mean a building, structure or place where trucks or tractor trailers are rented, leased,
kept for hire or stored or parked for remuneration or from which trucks or transports, stored
or parked on the property, are dispatched for hire as common carriers and which may
include a bonded or sufferance warehouse.
4.31 CELLAR
Shall mean that portion of a building between two floor levels which is partly or wholly
underground and which has more than one half of its height from finished floor to the
undersides of the floor joists of the storey next above below the average finished grade
level adjacent to the exterior walls of the
4.32 CEMETERY
Shall mean land that is set apart or used as a place for the interment of the dead or in which
human bodies have been buried, within the meaning of the Cemeteries Act, as amended.
4.33 CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the Chief Building Official for the occupancy of any land,
building, excavation or structure to the effect that the proposed use or activity complies
with this By-law.
4.34 CHIEF BUILDING OFFICIAL
Shall mean the officer employed by the Corporation of the Town of Deseronto as is
appointed under the Building By-law and shall include any inspector likewise appointed.
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4.35 CLINIC
Shall mean a building or portion of a building used solely for the purpose of consultation,
diagnosis and treatment of patients by two or more legally qualified physicians, dentists,
optometrists, chiropodists, chiropractors or drugless practitioners together with their
qualified assistants and, without limiting the generality of the foregoing, the building may
include administrative offices, waiting rooms, examination rooms, treatment rooms,
laboratories and pharmacies used in connection with and forming part of the practices but
shall not include accommodation for in-patient care or operating .rooms for major surgery.
4.36 COMMERCIAL CLUB
Shall mean a building or part of a building where a club is operated for gain or profit and
may include facilities for physical fitness and recreation.
4.37 COMMERCIAL VEHICLE
Shall mean any motor vehicle having permanently attached thereto a truck or delivery body
and includes ambulances, hearses, fire apparatus, police patrols, motor buses and tractors
used for hauling purposes on the highway.
4.38 COMMUNITY CENTRE
Shall mean any tract of land, or building or buildings or any part of any building used for
community, recreational and/or social activities whether used for commercial purposes or
not, the control of which is vested in the Municipality, a local board or agent thereof,
including any building, structure, or facility established as a Community Recreation Centre
within the meaning of the Community Recreation Centres Act, as amended.
4.39 CONSERVATION
Shall mean the preservation, protection and improvement of the components of the natural
environment through a comprehensive management and maintenance program
administered by the local Conservation Authority or other public authority for individual or
public use and may include bird sanctuaries and wildlife preserves.
4.40 CONTRACTOR'S YARD
Shall mean a yard of any contractor or building trade where equipment and material are
stored or where the contractor performs shop or assembly work but does not include any
other yard or establishment otherwise defined or classified herein.
4.41 CONVENIENCE STORE
Shall mean a retail commercial establishment supplying groceries, sundries and other daily
household necessities to the immediate surrounding area.
4.42 COUNCIL
Shall mean the Municipal Council of the Corporation of the Town of Deseronto.
.
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Section 4: Definitions
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4.43 COUNTY
Shall mean the Corporation of the County of Hastings.
4.44 COURT
Shall mean an open and unoccupied space from ground to sky appurtenant to a building
and bounded on two or more sides by the wall of the building.
4.45 CRAFT SHOP
Shall mean a building or part of a building where crafts, souvenirs and other similar items
are offered or kept for sale at retail to the general public but shall not include any other
establishment otherwise defined or classified herein.
4.46 CUSTOM WORKSHOP
Shall mean a building or part of a building used by a trade, craft or guild for the
manufacturing in small quantities of made-to-measure clothing or articles including the
sale of such products at retail and for the purposes of this By-law shall include upholstering
but does not include metal spinning, woodworking or furniture manufacture or any use or
activity otherwise defined or classified herein.
4.47 DAY NURSERY
Shall mean a day nursery operated for pre-school age children within the meaning of the
Day Nurseries Act, as amended.
4.48 DRIVE THROUGH SERVICE FACILITY
Shall mean an accessory or main use of a business that provides or dispenses products or
services through an attendant or a window or automated machine to patrons remaining in
motorized vehicles, including any associated stacking lanes, speaker system, microphone
system, order board or other such structures. Despite the above, a drive-through service
facility does not include a motor vehicle wash, automatic, automobile service station or a
gas bar.
4.49 DRIVEWAY
Shall mean an area of land which provides vehicular access from the travelled portion of a
street to a parking area or garage.
4.50 DRY CLEANERS ESTABLISHMENT
Shall mean a building or part of a building used for the purpose of collection, distribution,
pressing and storage of articles or goods or fabric to be subjected to the process of dry
cleaning, dry dyeing, cleaning and spotting and stain removing.
4.51 DWELLING UNIT
Shall mean living accommodation for a person or persons living together as a single
household unit, in which both food preparation and sanitary facilities are provided for the
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Section 4: Definitions
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exclusive use of the occupants of the unit. This definition shall not include a mobile home,
travel trailer or a motor home.
4.51.1 SINGLE DETACHED DWELLING
Shall mean a building that includes a primary building with only one dwelling unit.
4.51.2 SEMI-DETACHED DWELLING
Shall mean a building that has two dwelling units, and no dwelling unit is entirely or partially
above another.
4.51.3 DUPLEX DWELLING
Shall mean a building that has two dwelling units, where one dwelling unit is entirely or
partially above another.
4.51.4 TRIPLEX DWELLING
Shall mean a building that has three dwelling units, with at least one dwelling unit entirely
or partially above another. A single detached dwelling or semi-detached dwelling that has
one or more additional residential units is not a triplex.
4.51.5 FOURPLEX DWELLING
Shall mean a building that has four dwelling units, with at least one dwelling unit entirely or
partially above another. A single detached, semi-detached or townhouse dwelling that has
one or more additional residential units is not a fourplex.
4.51.6 TOWNHOUSE DWELLING (STREET)
Shall mean a building that has three or more dwelling units, and no dwelling unit is entirely
or partially above another. The dwelling units share a sidewall with a neighbouring unit and
typically have a front yard and a rear yard. The front yard, and main entrance abut a public
street, and vehicular access is provided directly to the unit from a public street.
4.51.7 TOWNHOUSE DWELLING (BLOCK)
Shall mean a building that has three or more dwelling units, and no dwelling unit is entirely
or partially above another. They share a sidewall with a neighbouring unit and typically have
a front yard and a rear yard. The front yard, and main entrance abut a private road or
laneway.
4.51.8 APARTMENT DWELLING
Shall mean a self-contained residential dwelling unit in an apartment building, or
incorporated into a mixed-use building.
4.51.9 ACCESSORY DWELLING UNITS
Shall mean a dwelling unit accessory to a permitted non-residential use.
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Section 4: Definitions
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4.51.10
STAFF DORMITORY DWELLING
Shall mean an accessory sleeping accommodation for employees.
4.52 DWELLING UNIT AREA
Shall mean the habitable area contained within the inside walls of a dwelling unit, excluding
any private garage, carport, porch, verandah, unfinished attic, cellar or sunroom, unless
such sunroom is habitable in all seasons of the year, and excluding public or common halls
or areas, stairways and the thickness of outside walls.
4.53 EATING ESTABLISHMENT
Shall mean a building or part of a building where food is offered for sale or sold to the public
for immediate consumption and includes such uses as a restaurant, dining room, cafe,
cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar or
refreshment room or stand but does not include a boarding or lodging house.
4.53.1 EATING ESTABLISHMENT, TAKE-OUT
Shall mean a building or part of a building designed, intended for or used for the sale of food
and refreshments to the general public but which does not include any provisions for
consumption of the food by the customer while in his vehicle, within the building or
elsewhere on the site.
4.54 EAVE
Shall mean a roof overhang, free of enclosing walls, without supporting columns.
4.55 EQUIPMENT SALES/RENTAL AND REPAIR ESTABLISHMENT
Shall mean a building or part of a building, structure or yard in which articles, machinery
and equipment, including heavy machinery are offered for rent and may be serviced or
repaired, and may be offered or kept for rent, lease or hire under agreement for
compensation.
4.56 ERECT
Shall mean building construction, reconstruction and relocation and, without limiting the
generality of the term, also includes:
a) any preliminary physical operation, such as excavating, filling or drainage,
b) altering any existing building or structure by an addition;
c) any work for the doing of which a building permit is required under the Building Code
Act or regulations; and,
d) erect, erected and erection shall have a corresponding meaning.
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Section 4: Definitions
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4.57 ESTABLISHED BUILDING LINE
Shall mean the average setback from the streetline of existing buildings on one side of one
block where mere than one half of the frontage of the said side of the block has been built
upon.
4.58 EXISTING
Shall mean existing, being a reality or an actuality on the date of passing of the By-law.
4.59 FARM IMPLEMENT AND SUPPLY DEALER
Shall mean a building, structure or area where farm equipment and farm supplies are kept
for sale at retail but shall not include any other establishment otherwise defined or classified
herein.
4.60 FERMENT ON PREMISES FACILITY
Shall mean a premises where equipment for the making of beer or wine on the premises is
provided to individuals.
4.61 FILL LINE
A line, plotted on Quinte Conservation Authority flood plain mapping, denoting steep and/or
erosive slopes, or the extent of a pond, swamp, marsh or other wetland and delineating
limits within which the placement or removal of fill may either affect the control of flooding
or the conservation of land, or result in the pollution of a watercourse.
4.62 FIRE HALL
Shall mean a building or structure in which are stored materials and equipment used in fire
prevention and protection and may include accommodation for fire fighters.
4.63 FLEA MARKET
Shall mean a building or part of a building where second hand goods, articles and antiques
are offered or kept for sale at retail to the general public but shall not include any other
establishment otherwise defined or classified herein.
4.64 FLOOD LINE, REGULATORY
Shall mean a set of lines on either side of a river, lake or watercourse showing the highest
level which may be reached in the event of a 1:100 year flood event.
4.65 FLOODPLAIN
Shall mean the area, equally low land, adjoining a watercourse which has been or may be
covered by flood water.
4.66 FLOOR AREA, GROSS
Shall mean the total floor area, as defined herein exclusive however of;
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Section 4: Definitions
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a) any part of the building or structure below finished grade which is used for heating,
the storage or parking of motor vehicles, locker storage and laundry facilities,
children's play areas and other accessory uses, or used as living quarters by the
caretaker, guard or other supervisor of the building or structure; and
b) in the case of a dwelling house, any private garage, carport, porch, or verandah,
sunroom (unless such sun-room is habitable at all seasons of the year).
4.67 FLOOR AREA, GROUND
Shall mean the maximum ground floor area of a building measured to the outside walls,
excluding, in the case of a residence, any private garage, carport, porch, verandah, or
sunroom (unless such sunroom is habitable at all seasons of the year).
4.68 FLOOR AREA, RETAIL
Shall mean that portion of the gross floor area of an establishment which is used for retail
sales purposes but does not include areas for storage of finished products or offices.
4.69 FLOOR AREA, TOTAL
Shall mean the aggregate of the horizontal areas of each floor, whether any such floor is
above or below grade, measured between the exterior faces of the exterior walls of the
building or structure at the level of each floor.
4.70 FOOD SUPERMARKET
Shall mean a building or part of a building wherein food and other household items are kept
for sale at retail to the general public and which operates on a self-service, cash and carry
basis.
4.71 FUNERAL HOME
Shall mean a building or structure designed for the purpose of furnishing funeral supplies
and services to the public and includes facilities intended for the preparation of the dead
human body for interment or cremation.
4.72 GARAGE, PRIVATE
Shall mean a detached accessory building or portion of a dwelling house which is designed
or used for the sheltering of a private motor vehicle and storage of household equipment
incidental to the residential occupancy and which is fully enclosed and roofed and excludes
a carport or other open shelter.
4.73 GARAGE, PUBLIC
See Motor Vehicle Repair Garage
4.74 GOLF COURSE
Shall mean a public or private area operated for the purpose of playing golf and includes a
par 3 golf course but does not include any driving ranges, miniature courses or similar uses.
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Section 4: Definitions
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4.75 GOVERNMENT ADMINISTRATION
Shall mean any building or structure used by or in conjunction with government activity of
any level, from that of the Town of Deseronto to that of the Government of Canada, for the
purpose of supplying and/or administering any and all services provided by the relevant
level of government.
4.76 GRADE, FINISHED
Shall mean the average elevation of the finished surface of the ground level of a building or
structure.
4.77 GUEST
Shall mean a person, other than a boarder, who contracts for accommodation and includes
all the members of the person's party.
4.78 GUEST ROOM
Shall mean a room or suite of rooms used or maintained for the accommodation of an
individual or individuals to whom hospitality is extended for compensation.
4.79 HABITABLE ROOM
Shall mean a room designed for living, sleeping, eating, or food preparation, including a den,
library, sewing-room or enclosed sunroom, but does not include any space in a dwelling unit
used as a bathroom, pantry, corridor or hallway, closet, stairway or lobby.
4.80 HEIGHT OF BUILDING
Shall mean the vertical distance, measured between the finished grade at the front of the
building and
a) in the case of a flat roof, the highest point of the roof surface,
b) in the case of a mansard roof, the deck roof line and
c) in the case of a gable, slanted, hip or gambrel roof, the average height between the
eaves and ridge.
Accessory roof construction such as chimneys, towers, steeples or television antennas
shall be disregarded in calculating the height of a building.
4.81 HIGHWAY
Shall mean a highway within the meaning of the Highway Traffic Act, as amended.
4.82 HOME OCCUPATION
Shall mean a use which is clearly incidental or secondary to the residential use of a dwelling
and is conducted entirely within such a dwelling by an inhabitant thereof, such as
hairdressing, dressmaking, the making of crafts or repairs, the refinishing of furniture and
includes the offices of professionals. For the purposes of this By-law, a professional shall
mean a legally qualified physician, dentist, optometrist, chiropodist, drugless practitioner,
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Section 4: Definitions
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lawyer, engineer, architect, planner, accountant, Ontario Land Surveyor, or similar
profession.
4.83 HOTEL
Shall mean a building or group of buildings used for the purpose of catering to the needs of
the travelling public by providing short-term (generally less than one month) commercial
accommodation, with or without meals, or with small dinettes, and includes a motel, but
shall not include short term accommodation, as defined in this By-law.
4.84 LANDSCAPED OPEN SPACE
Shall mean the open unobstructed space from ground to sky at grade on a lot accessible
by walking from the street on which the lot is located and which is suitable for the growth
and maintenance of grass, flowers, bushes and other landscaping and includes any
surfaced walk, patio or similar area but does not include any driveway or ramp, whether
surfaced or not, any curb, retaining wall, parking area or any open space beneath or within
any building or structure.
4.85 LANE
Shall mean a public thoroughfare which affords only a secondary means of access to
abutting lots and which is not intended for general traffic circulation.
4.86 LAUNDRY ESTABLISHMENT
Shall mean a building or structure used for the purpose of cleaning articles or goods of
fabric by means of coin-operated machines, open to the public, and/or by means of
collection and distribution service, in either case using only water, detergents and additives.
4.87 LIQUOR LICENCED PREMISES
Shall mean any building, structure or premises licensed by the Liquor Licence Board of
Ontario.
4.88 LOADING SPACE
Shall mean an off-street space on the same lot as the building or contiguous to a group of
buildings, for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials, which abuts upon a street, lane or other appropriate means of
access.
4.89 LOT
Shall mean a parcel of land, with frontage on a public street, separate in ownership from
any abutting land.
4.89.1 LOT AREA
Shall mean the total horizontal area within the lot lines of a lot. In the case of a corner lot
having street lines rounding at the corner with a radius of six (6) metres, or less, the lot area
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of such land shall be calculated as if the lot lines were produced to their point of
intersection.
4.89.2 LOT, CORNER
Shall mean a lot situated at the intersection of two streets, of which two adjacent sides, that
abut the intersecting streets, contain an angle of not more than 135 degrees; where such
adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed
to be the angle formed by the intersection of the tangents to the street lines, drawn through
the extremities of the interior lot lines, provided that, in the latter case, the corner of the lot
shall be deemed to be that point on the street lines nearest to the point of intersection of
the said tangents.
4.89.3 LOT COVERAGE
Shall mean the percentage of the lot area covered by buildings, including accessory
buildings.
4.89.4 LOT DEPTH
Shall mean:
-
The shortest horizontal distance between the rear lot line and the front lot line of a
lot, where such lot lines are parallel;
-
The horizontal distance between the mid-point of the rear lot line and the mid-point
of the front lot line of a lot, where such lot lines are not parallel; or,
-
The horizontal distance between the mid-point of the front lot line and the point of
intersection of the side lot lines of a lot where there is no rear lot line.
4.89.5 LOT FRONTAGE
Shall mean the horizontal distance between the side lot lines, such distance being
measured perpendicularly to the line joining the middle of the front lot line with either the
middle of the rear lot line or the apex of the triangle formed by the side lot lines and at a
point therein distant equal to the required depth of the front yard from the front lot line.
4.89.6 LOT, INTERIOR
Shall mean a lot other than a corner lot.
4.89.7 LOT, THROUGH
Shall mean a lot bounded on two opposite sides by streets.
4.90 LOT LINE
Shall mean any boundary of a lot or the vertical projections thereof.
4.90.1 LOT LINE, FRONT
Shall mean in the case of an interior lot, the line dividing the-lot from the street. In the case
of a corner lot, the shorter lot line abutting a street shall be deemed the front lot line and the
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longer lot line abutting a street shall be deemed an exterior side lot line. In the case of a
through lot, the lot line where the principal access to the lot is provided shall be deemed to
be the front lot line. In the case of a lot fronting on a navigable waterway, the shorter lot line
directly adjacent to the navigable waterway shall be deemed to be the front lot line. In the
case of a lot fronting on a navigable waterway and on a street, the lot line abutting the street
shall be deemed the front lot line.
4.90.2 LOT LINE, REAR
Shall mean the lot line farthest from and opposite to the front lot line.
4.90.3 LOT LINE, SIDE
Shall mean a lot line other than a front or rear lot line.
4.91 LUMBER YARD
Shall mean an area where finished and unfinished lumber is stored but does not include an
establishment or area otherwise defined in this By-law.
4.92 MANUFACTURING/ASSEMBLY/FABRICATING/PROCESSING PLANT
Shall mean a plant in which the process of producing a product suitable for use by hand
and/or mechanical power and machinery is carried on systematically with division of
labour.
4.93 MARINA
Shall mean a building, structure, or place containing docking facilities and located on a
navigable waterway, where boats and boat accessories are stored, serviced, repaired or
kept for sale and where facilities for the sale of marine fuels and lubricants may be provided.
4.94 MARINE FACILITY
Shall mean an accessory building or structure which is used to take a boat into or out of a
waterbody to moor, to berth or to store a boat. This definition may include a boat launching
ramp, boat lift, dock or boathouse but shall not include any building used for human
habitation or any boat service, repair, or sales facility.
4.95 MARINE/SNOWMOBILE DEALER
Shall mean any building or structure used for the purpose of supplying and selling of marine
and snowmobile products and may include repair facilities for the purpose of repairing only
those items either sold by or related to the products supplied by the dealer.
4.96 MOTOR VEHICLE
Shall mean an automobile, truck, motorcycle and any other vehicle propelled or driven
otherwise than by muscular power but does not include a motorized snow vehicle, traction
engine, farm tractor, self-propelled implement of husbandry or road building machine within
the meaning of the Highway Traffic Act.
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4.96.1 MOTOR VEHICLE, COMMERCIAL
Shall mean any commercial motor vehicle within the meaning of the Highway Traffic Act.
4.96.2 MOTOR VEHICLE BODY SHOP
Shall mean a building or structure used for the painting or repairing of motor vehicle bodies,
exterior and undercarriage and in conjunction with which there may be a towing service and
motor vehicle rental for customers while the motor vehicle is under repair, but shall not
include another use or activity otherwise defined or classified in this By-law.
4.96.3 MOTOR VEHICLE DEALERSHIP
Shall mean a building or structure where a licensed dealer displays new or used motor
vehicles for sale or rent in conjunction with which there may be a motor vehicle repair
garage, a motor vehicle service station, a motor vehicle gasoline bar or motor vehicle body
shop.
4.96.4 MOTOR VEHICLE GASOLINE BAR
Shall mean one or more pump islands, each consisting of one or more gasoline pumps, and
a shelter having a floor area of not more than ten (10) square metres, and may include
facilities for the refilling of propane tanks and the changing of oil, greasing and lubricating
of motor vehicles including the sale of automobile accessories, anti-freeze and additives,
but shall not include any other use or activity otherwise defined or classified in this By-law.
4.96.5 MOTOR VEHICLE REPAIR GARAGE
Shall mean a building or structure where the exclusive service performed or executed on
motor vehicles for compensation shall include the installation of exhaust systems, repair of
the electrical system, transmission repair, brake repair, radiator repair, tire repair and
installation, rustproofing, motor vehicle diagnostic centre, major and minor mechanical
repairs or similar use and in conjunction with which there may be a towing service, a motor
vehicle service station and motor vehicle rentals for the convenience of the customer while
the motor vehicle is being repaired but shall not include any other establishment otherwise
defined or classified in this By-law.
4.96.6 MOTOR VEHICLE SERVICE STATION
Shall mean a building or structure where propane, gasoline, oil, grease, antifreeze, tires,
tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive
accessories for motor vehicles or similar automotive products are stored or kept for sale to
the general public, or where motor vehicles may be oiled, greased or washed, or have their
ignition adjusted, tires inflated or batteries charged, or where only minor mechanical or
running repairs essential to the actual operation of motor vehicles are executed or
performed.
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4.96.7 MOTOR VEHICLE WASH, AUTOMATIC
Shall mean a building or structure containing facilities for washing motor vehicles for
compensation either using production line methods and mechanical devices or by a self-
service operation, but does not include any other motor vehicle establishment herein
defined where car washing is done only as an incidental to the principal operation.
4.97 MOTORIZED MOBILE HOME
Shall mean any motor vehicle so constructed as to be a self-contained, self-propelled unit,
capable of being utilized for the living, sleeping or eating accommodation of persons.
4.98 MOTORIZED SNOW VEHICLE
Shall mean a motorized snow vehicle within the meaning of the Motorized Snow Vehicles
Act.
4.99 MUNICIPAL/PUBLIC UTILITIES YARD
Shall mean a lot which may include a building or structure and also associated storage
structures used for the storage, maintenance or repair of equipment, machinery or motor
vehicles used in connection with civil works and shall include a public works yard.
4.100 NON-CONFORMING
Shall mean the use of land, a building or structure which does not comply with the
provisions of this By-law for the zone or zones in which such building, land or structure is
located.
4.101 NOXIOUS
Shall mean when used with reference to any use of land, building or structure, a use which,
from its nature or from the manner of carrying on same, creates or is liable to create, by
reason of destructive gas or fumes, dust, objectionable odour, noise or vibration or unsightly
storage of goods, wares, merchandise, machinery parts, salvage, junk, waste or other
material, a condition which may become hazardous or injurious as regards health or safety
or which prejudices the character of the surrounding area or interferes with or may interfere
with the normal enjoyment of the use of any land, building or structure.
4.102 NURSERY/GARDEN CENTRE
Shall mean a place where young trees or plants are grown for transplanting for sale and
may also include the sale of related accessory supplies as well as the sale of fruits and
vegetables provided such sale is subordinate to the production and sale of select nursery
stock.
4.103 NURSERY SCHOOL
Shall mean a day nursery within the meaning of the Day Nurseries Act, R.S.O. 1990, as
amended, and shall include a day care centre.
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4.104 NURSING HOME
Shall mean a nursing home within the meaning of the Nursing Home Act, R.S.O. 1990, as
amended.
4.105 OFFICE, BUSINESS, ADMINISTRATIVE OR PROFESSIONAL
Shall mean a building or structure primarily designed and used for the purpose of providing
accommodation for the offices of professional persons, such as legally qualified
physicians, dentists, optometrists, chiropodists, chiropractors, drugless practitioners,
barristers, solicitors, planners, engineers, architects, Ontario Land Surveyors, Chartered
Accountants and for any purpose incidental thereto; the administrative office or offices of
a nonprofit organization, a business administrative office or offices.
4.106 OPEN SPACE
Shall mean the open, unobstructed space on a lot, including the open unobstructed space
accessible to all occupants of any residential or commercial building or structure on the lot
which is suitable and used for the growth and maintenance of grass, flowers, bushes and
other landscaping and may include any surface pedestrian walk, patio, pools or similar area
but does not include any driveway, ramp or parking spaces, parking aisles, loading spaces,
maneuvering space or similar spaces.
4.107 ORNAMENTAL STRUCTURE
Shall mean any ornamental fountain, statue, monument, cenotaph or other memorial or
decorative structure not being part of or accessory to any other structure.
4.108 OUTSIDE STORAGE
Shall mean storage outside a building or structure which is accessory to the principal use
on the site.
4.109 OWNER
Shall mean a mortgagee, lessee, tenant, occupant or a person entitled to a limited estate or
interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally
incompetent person, an executor, administrator or guardian.
4.110 PARK, PRIVATE
Shall mean any open space other than a public park which is owned, operated and
maintained on a commercial or private member basis and which may include therein one
or more of the following facilities and activities:
a) swimming
b) wading
c) boating facilities
d) picnic area
e) facilities for serving meals
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f) retail sale of sports equipment
g) accessory health and fitness facilities
4.111 PARK, PUBLIC
Shall mean any open space or recreational area, owned or controlled by the Corporation or
by any board, commission or other authority established under any statute of the Province
of Ontario and may include one or more athletic fields, field houses, bleachers, swimming
pools, greenhouses, botanical gardens, zoological gardens, bandstands, skating rinks,
tennis courts, bowling greens, boat liveries, bathing stations, curling rinks, refreshment
rooms, fair grounds, golf courses or similar uses.
4.112 PARKING AREA
Shall mean an area provided for the parking of motor vehicles and includes aisles, parking
spaces, and related ingress and egress lanes in accordance with Off-Street Parking
Provisions of this By-law, but shall not include any part of a public street. A parking area
may include a private garage.
4.113 PARKING LOT
Shall mean any parking area other than a parking area accessory to a permitted use.
4.114 PARKING SPACE
Shall mean an area of not less than 18.5 square metres, exclusive of any aisles, ingress or
egress lanes, for the temporary parking or storage of motor vehicles and may include a
private garage.
4.115 PERSON
Shall mean any human being, association, firm, partnership, incorporated company,
corporation, agent, or trustee and the heirs, executors or other legal representatives of a
person to whom the context can apply according to law.
4.116 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 excavation to supply material
for construction, industrial or manufacturing purposes but does not include a wayside pit
as defined by the Aggregate Resources Act, as amended.
4.117 PLACE OF ENTERTAINMENT
Shall mean a motion picture or other theatre, public hall, billiard or pool room, a bowling
alley, ice or roller rink, dance hall or music hall.
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4.118 PLACE OF WORSHIP
Shall mean a building dedicated to religious worship and includes a church, synagogue or
assembly hall and may include such accessory uses as a nursery school, a school of
religious education, convent, and monastery or parish hall.
4.119 PLAZA COMPLEX
Shall mean a group of commercial or industrial establishments which is planned,
developed, managed and operated as a unit with shared on-site parking and containing
three or more separated spaces for lease and/or occupancy.
4.120 PRINTING/PUBLISHING ESTABLISHMENT
Shall mean a building or part of a building in which the business of producing books,
newspapers or periodicals by mechanical means and reproducing techniques such as
photocopying is carried on and may include the sale of newspapers, books, magazines,
periodicals or the like to the general public.
4.121 PROVINCIAL HIGHWAY
Shall mean a street or road under the jurisdiction of the Ministry of Transportation.
4.122 PUBLIC AUTHORITY
Shall mean Federal, Provincial, County or Municipal agencies and includes any commission,
board, authority or department established by such agency.
4.123 PUBLIC LIBRARY
Shall mean a public library within the meaning of the Public Libraries Act, as amended.
4.124 QUARRY
Shall mean a place where consolidated rock has been or is being removed by means of an
open excavation to supply material for construction, industrial or manufacturing purposes
but does not include a wayside quarry or open pit metal mine as defined in the Aggregate
Resources Act, as amended.
4.125 RECREATION, ACTIVE
Shall mean the use of land, water and/or building for the purpose of organized active leisure
activities and shall include an arena, a golf course and a sports field, and motorized vehicle
trails.
4.126 RECREATION, PASSIVE
Shall mean the use of land and/or water for the purpose of passive leisure activity and shall
include a park, a garden, a picnic area and the like, equestrian and hiking trails, as well as a
playlot with activity equipment for children.
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4.127 RENTAL ESTABLISHMENT
Shall mean a building or part of a building or structure in which articles are offered or kept
for rent, lease or hire under agreement for compensation.
4.128 RETAIL COMMERCIAL ESTABLISHMENT
Shall mean a building or part of a building in which goods, wares, merchandise, substances,
articles or things are offered or kept for sale at retail or on a rental basis but does not include
any establishment otherwise defined or classified herein.
4.129 RIGHT-OF-WAY
Shall mean a private road which affords access to abutting lots and does not include a lane,
street, road or highway as herein defined.
4.130 ROOM, HABITABLE
Shall mean a room which:
i)
is located within a dwelling unit:
ii)
is designed for living, sleeping or eating or for sanitary purposes;
iii)
can be used at all times throughout the year; and
iv)
is not located within a cellar.
4.131 ROOM, NON-HABITABLE
Shall mean any room located within a dwelling unit that is not a habitable room, including,
but no so as to limit the generality of the foregoing, a laundry room, a pantry, a lobby, a
stairway, a closet, a verandah, a recreation room, a porch, a balcony, a private garage, an
unfinished attic, a cellar, a boiler room and any space used for the service and maintenance
of such dwelling or for vertical travel between storeys.
4.132 SALVAGE YARD
Shall mean an establishment where goods, wares, merchandise, articles or things are
processed for further use and where such goods, wares, merchandise, articles or things are
stored wholly or partly in the open and may include a junk yard, a scrap metal yard and a
motor vehicle wrecking yard or premises.
4.133 SANITARY SEWER
Shall mean an adequate system of underground conduits, operated either by the
Corporation or by the Ministry of the Environment, which carries sewage to an adequate
place of treatment which meets with the approval of the Ministry of the Environment.
4.134 SAW AND/OR PLANING MILL
Shall mean a building, structure or area where timber is cut, sawed or planed, either to
finished lumber or as an intermediary step and may include facilities for the kiln drying and
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storage of lumber and may or may not include the distribution of such products on a
wholesale or retail basis.
4.135 SCHOOL
Shall mean a school under the jurisdiction of a Board as defined by the Ministry of
Education.
4.136 SENSITIVE LAND USE
Shall mean buildings, amenity areas, or outdoor spaces where routine or normal activities
occurring at reasonably expected times would experience one or more adverse effect(s)
from contaminant discharges generated by a nearby major facility. Sensitive land uses may
be a part of the natural or built environment. Examples may include, but are not limited to:
residences, daycare centres, and educational and health facilities.
4.137 SEPARATION DISTANCE
Shall mean the horizontal distance between buildings or structures or physical features
measured from the closest point on the exterior wall of such buildings or structures or such
physical features.
4.138 SERVICE SHOP
Shall mean a building or part of a building, not otherwise defined or classified herein and
whether conducted in conjunction with a retail store or not, for the servicing or repairing of
articles, goods or materials, other than heavy machinery or equipment or motor vehicles.
4.139 SETBACK
Shall mean the horizontal distance from the centre line of the street allowance, measured
at right angles to such centre line, to the nearest part of any building or structure on the lot.
4.140 SHOPPING PLAZA
Shall mean a group of commercial and service establishments or uses, related in size and
type, primarily to the day to day needs of a residential area and designed, developed and
managed as a unit, whether by a single owner, a group of owners or tenants in collaboration.
Access to individual functions generally may be from an open mall area.
4.141 SHORT TERM ACCOMMODATION
Shall mean a dwelling unit or any part thereof that operates or offers a place of temporary
residence, lodging or occupancy within the principal residence of the short-term
accommodation operator, by way of concession, permit, lease, license, rental agreement or
similar commercial arrangement for any period less than a month, throughout all or any
part of a calendar year. Short term accommodation uses shall not mean or include a hotel,
bed and breakfast establishment, lodging house, hospital, or similar residential or
commercial use.
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4.142 SIGHT TRIANGLE
Shall mean the triangular space formed on a corner lot by the street lines and a line drawn
from a point in one street line to a point in the other street line, each such point being 7.5
metres measured along the street line from the point of intersection of the street lines.
Where the two street lines do not intersect at a point, the point of intersection of the street
lines shall be deemed to be the intersection of the projection of the street lines or the
intersection of the tangents of the street lines.
4.143 SIGN
Shall mean a structure or advertising device having illustrations affixed thereto or displayed
thereon in any manner, which is used to identify, advertise or attract attention to any object,
project, place, activity, person, institution, organization, firm, group, profession, enterprise,
industry or business, or which display or include any letter, work, model number, banner,
flag, pennant, insignia, device or representation used as an announcement, direction or
advertisement.
4.144 SOLAR COLLECTOR
Shall mean any structure subordinate to a principal structure, designed specifically for the
collection of solar energy and converting such energy for heating, lighting, water production
or any other domestic, industrial, or commercial use that may be obtained from such
source.
4.145 SPECIAL NEEDS HOUSING
Shall mean any housing, including dedicated facilities, in whole or in part, that is used by
people who have specific needs beyond economic needs, including but not limited to, needs
such as mobility requirements or support functions required for daily living. Special needs
housing includes communal housing and housing for seniors. Examples of special needs
housing may include, but are not limited to:
4.145.1
LONG-TERM CARE FACILITY
Shall mean premises used to provide living accommodation and regular nursing care for
persons of any age and which has personal and medical care facilities, common lounges
and dining areas;
4.145.2
RESIDENTIAL CARE HOME
Shall mean supervised living accommodation that may include associated support
services, and:
-
Is licensed or funded under Province of Ontario or Government of Canada
legislation;
-
Is for persons requiring semi-independent or supervised group living arrangements;
and,
-
Is for more than ten persons, exclusive of staff.
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4.145.3
GROUP HOME
Shall mean supervised living accommodation that may include associated support
services, and:
-
Is licensed or funded under Province of Ontario or Government of Canada
legislation;
-
Is for persons requiring semi-independent or supervised group living arrangements;
and,
-
Is for ten persons or less, exclusive of staff.
4.145.4
RESPITE CARE FACILITY
Shall mean premises used for the provision of short-term, non-emergency services for the
supervised care of people of any age, in order to provide relief to their caregivers. A respite
care facility may include the provision of services, such as:
-
Preventive medicine;
-
Counselling;
-
Social, recreational or educational programs; and/or,
-
Day or overnight care.
4.145.5
EMERGENCY HOUSING FACILITY
Shall mean premises used for the provision of short-term, emergency services for the
supervised care of people of any age. An Emergency Housing Facility may include the
provision of services, such as:
-
Preventive medicine;
-
Counselling; and/or,
-
Day or overnight care.
4.145.6
COMMUNITY HOUSE
Shall mean a premises providing semi-independent living accommodation for residents
primarily in bed-sitting rooms, if there is:
-
A maximum of two persons for each bed-sitting room;
-
Accommodation for one staff person per five bedsitting rooms; and,
-
A common lounge and dining area.
4.146 STACKED TOWNHOUSE
Shall mean a building, other than a townhouse or apartment building, containing at least 3
dwelling units, each dwelling unit being separated from the other vertically and/or
horizontally, and each dwelling unit having an entrance to grade shared with no more than
3 other units.
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4.147 STACKING LANE
Shall mean an onsite queuing lane for motorized vehicles.
4.148 STAFF DORMITORY
See Dwelling: Dwelling, Staff Dormitory.
4.149 STOREY
Shall mean the portion of a building, other than an attic, basement or cellar, included
between any floor level and the floor, ceiling or roof next above it.
4.149.1
STOREY, ONE HALF
Shall mean the portion of a building situated wholly or in part within the roof and having its
floor level not lower than 1.2 metres below the line where roof and outer wall meet and in
which there is sufficient space to provide a height between finished floor and finished
ceiling of at least 2.3 metres over a floor area equal to at least 50 percent of the floor next
below.
4.150 STORM SEWER
Shall mean a sewer which carries storm sewage or surface runoff but excludes any sanitary
sewer or any combination of sanitary and storm sewers.
4.151 STREET OR ROAD
Shall mean a public street or road as defined by the Municipal Act, as amended, and the
Highway Traffic Act, as amended, which affords the principal means of access to abutting
lots but does not include a lane or private right-of-way as defined in this By-law.
4.151.1
STREET, IMPROVED PUBLIC
Shall mean a street or road under jurisdiction of the Corporation of the Town of Deseronto,
the County of Hastings or the Province of Ontario which is maintained so as to allow normal
vehicular access to adjacent properties throughout all seasons of the year.
4.152 STREET LINE
Shall mean the limit of the street or road allowance and is the dividing line between a lot
and a street or road.
4.153 STRUCTURE
Shall mean anything constructed or erected the use of which requires location on the
ground or attached to something having location on the ground.
4.154 SWIMMING POOL
Shall mean a privately-owned outdoor body of water contained in part or in whole by
artificial means, which holds water in excess of 0.6 metres (2 feet) and is designed or
intended for the use of swimming, bathing, diving or wading, but does not include a pond
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or reservoir to be utilized for farming purposes, landscaping ponds and public swimming
pools as defined by the Ontario Building Code.
4.155 TOURIST ESTABLISHMENT
Shall mean any premises operated to provide sleeping accommodation for the travelling
public or sleeping accommodation for the use of the public engaging in recreational
activities and includes the services and facilities in connection with which sleeping
accommodation is provided, but does not include:
a) a camp operated by a charitable organization approved under the Charitable
Institutions Act, as amended,
b) a summer camp within the meaning of the regulations made under the Health
Protection and Promotion Act, as amended,
c) a club owned by its own members and operated without gain or profit, or
d) short term accommodation as defined in this By-law.
4.156 TOURIST HOME
Shall mean a private dwelling that is not part of or used in conjunction with any other tourist
establishment and in which there are at least five rooms for rent to the travelling or
vacationing public, whether rented regularly, seasonally or occasionally.
4.157 TRAILER
Shall mean a vehicle that is at any time drawn upon a highway by a motor vehicle except
an implement of husbandry, another motor vehicle or any device or apparatus not designed
to transport persons or property, temporarily drawn, propelled or moved upon such highway
and shall be considered a separate vehicle and not part of the motor vehicle by which it is
drawn and, for the purposes of this By-law, shall not include a mobile home dwelling unit as
defined herein.
4.157.1
TRAILER, MOBILE CAMPER
Shall mean any vehicle in which the assembly can be erected, while stationary, using the
trailer body and related components for support and utilized for living, shelter and sleeping
accommodation with or without cooking facilities, which is collapsible and compact while
being drawn by a motor vehicle.
4.158 TRUCK CAMPER
Shall mean any unit so constructed that it may be attached upon a motor vehicle as a
separate unit, and capable of being utilized for the living, sleeping or eating accommodation
of persons.
4.159 TRUCK TERMINAL
See Cartage or Transport Depot.
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4.160 USE
Shall mean, when used as a noun, the purpose for which a lot or building or structure or any
combination thereof is designed, arranged, intended, occupied or maintained "USES" and
"USE" when used as a verb, or "TO USE" shall have corresponding meanings.
4.161 WAREHOUSE
Shall mean a building or part of a building used for the storage and distribution of goods,
wares, merchandise, substances, articles or things and may include facilities for a
wholesale or retail commercial outlet but shall not include a truck terminal.
4.162 WASTE DISPOSAL AREA
Shall mean a place where garbage, refuse or domestic or industrial waste, exclusive of liquid
industrial waste, is disposed of or dumped and shall include a sewage treatment plant or
sewage lagoons.
4.163 WATERCOURSE
Shall mean a water body or the natural channel for a perennial or intermittent stream of
water.
4.164 WATER FRONTAGE
Shall mean the boundary between the water and land fronting on and providing access to
a watercourse, bay or lake.
4.165 WATER SUPPLY
Shall mean an adequate distribution system of underground piping and related storage,
including pumping and purification appurtenances operated by a municipal corporation
and/or the Ministry of the Environment and/or any public utilities commission for public
use.
4.166 WATER SUPPLY PLANT
Shall mean a building or structure approved by the Ministry of the Environment where water
is treated for human consumption.
4.167 WAYSIDE PIT OR QUARRY
Shall mean a temporary pit or quarry opened and used by a public road authority solely for
the purpose of a particular project or contract of road construction and not located on the
road right-of-way.
4.168 WELL
Shall mean an underground source of water which has been rendered accessible by the
drilling or digging of a hole from ground level to the water table and may include a private
piped system from a surface water source.
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4.169 WORKSHOP
Shall mean a building or structure where manufacturing is performed by tradesmen
requiring manual or mechanical skills and may include a carpentry shop, a locksmith's shop,
a gunsmith's shop, a tinsmith's shop, a commercial welder's shop or similar use.
4.170 YARD
Shall mean a space, appurtenant to a building or structure, located on the same lot as the
building or structure, which space is open, uncovered and unoccupied from the ground to
the sky except for such accessory buildings, structures or uses as are specifically permitted
elsewhere in the By-law.
4.170.1
YARD, FRONT
Shall mean a yard extending across the full width of the lot between the front lot line of the
lot and the nearest part of any building or structure on the lot or the nearest open storage
use on the lot.
4.170.2
YARD, FRONT, DEPTH
Shall mean the least horizontal dimension between the front lot line of the lot and the
nearest part of any building or structure on the lot or the nearest open storage use on the
lot.
4.170.3
YARD, REAR
Shall mean a yard extending across the full width of the lot between the rear lot line of the
lot and the nearest part of any building or structure on the lot or the nearest open storage
use on the lot.
4.170.4
YARD, REAR, DEPTH
Shall mean the least horizontal dimension between the rear lot line of the lot and the nearest
part of any building or structure on the lot, or the nearest open storage use on the lot.
4.170.5
YARD, REQUIRED
Shall mean the minimum yard required by the provisions of this By-law.
4.170.6
YARD SIDE
Shall mean a side yard extending from the front yard to the rear yard and from the side lot
line of the lot to the nearest part of any building or structure on the lot or the nearest open
storage use on the lot.
4.170.7
YARD, SIDE, EXTERIOR
Shall mean a side yard immediately adjoining a public street.
4.170.8
YARD, SIDE, INTERIOR
Shall mean a side yard other than an exterior side yard.
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4.170.9
YARD, SIDE, WIDTH
Shall mean the least horizontal dimension between the side lot line of the lot and the nearest
part of any building or structure on the lot or the nearest open storage use on the lot.
4.171 ZONE
Shall mean a designated area of land use shown on Schedule "A" to this By-law.
4.172 ZONE PROVISIONS
The permissible uses, the minimum area and dimensions of lots, the minimum dimensions
of yards, the maximum lot coverage, the minimum setback, gross floor area, the minimum
landscaped open space, the maximum height of building, minimum parking requirements,
and all other zone provisions as are set out within the By-law for the respective zones.
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5.0 GENERAL PROVISIONS
5.1 ACCESSORY BUILDINGS, STRUCTURES AND USES
5.1.1 PERMITTED USES
Where this By-law provides that a lot may be used or a building or structure may be erected
or used for a purpose, that purpose shall include any accessory building or structure or
accessory use but shall not include the following:
a) any occupation for gain or profit conducted within or accessory to a dwelling unit or
on the lot, except as in this By-law is specifically permitted or;
b) any building used for human habitation, except as in this By-law is specifically
permitted.
5.1.2 LOCATION
Except as otherwise provided herein, any accessory building or structure which is not part
of the main building shall be erected to the rear of the front yard and shall comply with the
yard and setback requirements for the zone in which such building or structure is situated.
5.1.3 LOT COVERAGE AND HEIGHT
The total lot coverage of all accessory buildings and structures, except swimming pools,
shall not exceed 5 percent of the lot area, nor shall the height of any, accessory building or
structure exceed 5 metres.
5.1.4 ENCROACHMENTS
Notwithstanding the yard and setback requirements of this By-law to the contrary, drop
awnings, flag poles, light standards, garden trellises, retaining walls, fences which comply
with the Corporation's Fence By-law, signs which comply with the Corporation's Sign By-
law or similar uses shall be permitted in any required yard or in the area - between the street
line and the required setback.
Clothes poles and dish antennas shall be permitted only in the rear or side yard.
5.1.5 ADDITIONAL DWELLING UNIT
a) A maximum of two (2) Additional Residential Units (one (1) attached and one (1)
detached) may be permitted in association with a single detached dwelling, semi-
detached dwelling, or townhome dwelling in accordance with the regulations
specified by the Zone category in which the Additional Residential Unit is permitted.
b) Additional Residential Unit (Attached)
i)
A maximum of one Additional Residential Unit (attached) shall be permitted
within the same building as a single detached dwelling or semi-detached
dwelling, with or without an Additional Residential Unit (detached);
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ii)
The Additional Residential Unit (attached) shall be built in accordance with
all relevant regulations within both the Building Code and Fire Code;
iii)
The primary dwelling and the Additional Residential Unit (attached) shall be
connected to full municipal sanitary sewer and water services;
iv)
The gross floor area of the Additional Residential Unit (attached) shall be
limited to a maximum of 70 percent of the gross floor area of the primary
dwelling unit, measured prior to the development of the Additional
Residential Unit (attached); and,
v)
A maximum of one pedestrian entrance to the primary dwelling and/or the
Additional Residential Unit (attached) shall be located on each public street
façade.
c) Additional Residential Units (Detached)
i)
The Additional Residential Unit (detached) shall only be permitted on the
same lot as a single detached dwelling, or semi-detached dwelling, with or
without one Additional Residential Unit (attached);
ii)
The Additional Residential Unit (detached) shall not be severed from the lot
containing the single detached dwelling, or semi-detached dwelling;
iii)
The Additional Residential Unit (detached) shall be built in accordance with
all relevant regulations of both the Building Code and Fire Code;
iv)
The primary dwelling and the Additional Residential Unit (detached) shall be
connected to full municipal sanitary sewer and water services;
v)
The gross floor area of the Additional Residential Unit (detached) shall be
limited to a maximum of 75 square metres;
vi)
The additional Residential Unit (detached) shall be placed upon a permanent
footing/foundation; and,
vii)
Tenants of an Additional Residential Unit (detached) must not be required
to access the unit through the primary dwelling unit.
An Additional Residential Unit (detached) must have direct pedestrian access from a public
street or laneway. A direct pedestrian access may be by an unobstructed walkway that is
built in accordance with the requirements of the Accessibility for Ontarians with Disabilities
Act.
5.1.6 GARAGE OR OTHER ACCESSORY BUILDING OR STRUCTURE
Notwithstanding any other provisions of this By-law to the contrary, an attached or
detached private garage or other accessory building may be erected and used in an interior
side or rear yard provided that:
5.1.6.1 INTERIOR SIDE YARD
When such accessory building is located in an interior side yard, it shall not be
closer than 1 metre to the interior side lot line, EXCEPT where a common semi-
detached garage is being erected simultaneously on both sides of the lot line, as
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one building, in which case no interior side yard to the accessory building is
required.
5.1.6.2 REAR YARD
When such accessory building is located in a rear yard, it shall not be closer than
1 metre to the interior side lot line or rear lot line EXCEPT where a common semi-
detached garage is being erected simultaneously on both sides of the interior lot
line as one building in which case no interior side yard to the accessory building is
required.
5.1.6.3 REAR YARD WITH LANE ACCESS
When such accessory building is located in a rear yard, it shall not be closer than
1 metre to the interior side lot line or rear lot line EXCEPT where a single detached
private garage is being erected with direct access from the lane, in which case the
structure shall not be located closer than 1 metre to the interior side lot line and
2.5 metres to the rear lot line or EXCEPT where a common semidetached garage
is being erected simultaneously on both sides of the interior lot line, as one building
with direct access from the lane, in which case no interior side yard is required but
the structure shall not be located closer than 2.5 metres to the rear lot line.
5.1.6.4 RELATION TO STREET
All accessory buildings shall comply with the setback provisions applicable to the
principal or main building on the lot.
5.1.7 GATE HOUSE IN INDUSTRIAL ZONE
Notwithstanding the yard and setback provisions of this By-law to the contrary, in an
Industrial zone, a gate house shall be permitted in a front or side yard or in the area between
the street line and the required setback.
5.1.8 RAILWAY SPUR IN INDUSTRIAL ZONE
Notwithstanding any yard and setback provisions of this By-law to the contrary, in an
Industrial zone, a railway spur shall be permitted within any required side or rear yard, but
not within a required planting strip area except for necessary ingress and egress. Where,
however, such side or rear yard abuts a Residential zone, then such railway spur shall
conform to the yard and setback requirements of the zone in which it is located.
5.1.9 ORNAMENTAL STRUCTURES
Notwithstanding the yard and setback provisions of this By-law to the contrary, sills,
chimneys, cornices, eaves, gutters, parapets, pilasters or other ornamental structures may
project into any required yard or the area between the street line and the required setback
a maximum distance of 6 metres.
5.1.10 UNENCLOSED PORCHES, BALCONIES, STEPS OR PATIOS
Notwithstanding the yard and setback provisions of this By-law to the contrary, unenclosed
porches, balconies, steps and patios, covered or uncovered, may project into any required
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yard a maximum distance of 1.5 metres, but not closer than 1 metre (3.281ft) to any lot line
provided that in the case of porches, steps or patios, such uses are not more than 2 metres
(6.56 ft) above grade.
5.1.11 FIRE ESCAPES
Notwithstanding the yard and setback provisions of this By-law to the contrary, unenclosed
fire escapes in which the stair steps and floors are latticed in such a manner that the
proportion of voids to solids is not less than two to one and in which guards consist of hand
rails and structural members necessary to their support may project into any required
setback a maximum of 1.5 metres.
5.1.12 SWIMMING POOLS
Notwithstanding the yard provisions of this By-law to the contrary, an outdoor swimming
pool shall only be permitted within the rear or side yard of a lot and shall be within a
swimming pool enclosure. Such outdoor swimming pool shall not be located within 1 metre
of the rear or interior side lot lines. In the case of a corner lot, such outdoor swimming pool
or pool enclosure shall conform to the minimum exterior side yard requirement of the main
or principal building on the lot. The maximum area covered by an outdoor swimming pool
shall not exceed fifteen (15) percent of the total lot area. For the purposes of this
subsection, "pool enclosure" shall mean a fence, wall or other structure, occluding doors or
gates, surrounding an outdoor swimming pool designed to restrict access thereto.
5.2 DRIVE-THROUGH SERVICE FACILITY
A new "Drive-Through Service Facility" for any permitted use, excluding a motor vehicle
wash, automatic, automobile service station or gas bar, shall be constructed or established
in accordance with the following provisions:
i)
No drive-through service facility shall be constructed or established within 30 metres
of a residential use or zone that permits a residential use.
ii) A minimum 3 metres wide planting strip shall be provided along the lot line between
the property containing the drive-through service facility and a residential use or zone
that permits a residential use.
iii) All drive-through service facilities shall be subject to Site Plan Control approval.
5.3 CANNABIS PRODUCTION AND PROCESSING
Cannabis Production and processing, as defined herein, shall only be permitted within the
General Industrial (M1) Zone. Notwithstanding any other provision of this By-law, any
Cannabis Production and Processing shall be subject to the following provisions:
i)
No lands, building or structure or portion thereof used for Cannabis Production and
Processing purposes that is equipped with air treatment may be located closer than
70 metres to any Residential Zone (R1, R2, and R3) or Community Facility (CF) Zone.
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ii)
No lands, building or structure or portion thereof used for Cannabis Production and
Processing purposes that is equipped with air treatment control may be located
closer than 150 metres to any dwelling on a separate lot or other sensitive land use.
iii)
No lands, building or structure or portion thereof used for Cannabis Production and
Processing purposes that is not equipped with air treatment control may be located
closer than 300 metres to any dwelling on a separate lot or other sensitive land use.
iv)
A building or structure used for security purposes for Cannabis Production and
Processing may be located in the required front yard.
v)
Outdoor storage is prohibited on the property in which the Cannabis Production and
Processing is located.
vi)
Cannabis Production and Processing shall only be permitted within the zones as
explicitly indicated in this Zoning By-law.
vii)
All development in relation to the establishment of or expansion to Cannabis
Production and Processing shall be subject to Site Plan Control.
5.4 DWELLING UNIT BELOW GRADE
5.4.1 CELLAR
No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is
located in a cellar, such portion of the dwelling unit shall be used as a furnace room, laundry
room, storage room, recreation room or a similar use only.
5.4.2 BASEMENT OR WALKOUT BASEMENT
A dwelling unit in its entirety may be located in a basement or walkout basement provided
the finished floor level of such basement is not more than 5 metres below the adjacent
finished grade.
5.5 ESTABLISHED BUILDING LINE IN BUILT-UP AREA
Notwithstanding the yard and setback provisions of this By-law to the contrary, where a
permitted building or structure is to be erected on a lot in a built-up area, where there is an
established building line extending on both sides of the lot, such permitted building or
structure may be erected closer to the street line or the centreline of the street, as the case
may be, than required by this By-law provided that such permitted building or structure is
not erected closer to the street line or centreline, as the case may .be, than the ; established
building line on the date of passing of this By-law.
5.6 EXISTING BUILDINGS, STRUCTURES AND USES
5.6.1 CONTINUATION OF EXISTING USES
The provisions of this By-law shall not apply to prevent the use of any lot, building or
structure for any purpose prohibited by this By-law if such lot, building or structure was
lawfully used for such purpose on the date of passing of this By-law, so long as it continues
to be used for that purpose.
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5.6.2 PERMITTED EXTERIOR EXTENSION
A building which at the date of passing of this By-law was used for a purpose not
permissible within the zone in which it is located, shall not be enlarged or extended unless
such building is thereafter to be used for a purpose permitted within such zone and
complies with all requirements of this By-law for such zone.
5.6.3 PERMITTED INTERIOR ALTERATION
The interior of any building lawfully used on the date of passing of this By-law for a use
which is not permitted within the zone in which such building is located may be
reconstructed or structurally altered in order to render the same more convenient or
commodious for the same purpose for which, at the passing of this By-law, such building
was used.
5.6.4 RESTORATION TO A SAFE CONDITION
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of
any building or structure or part thereof lawfully used on the date of passing of this By-law
provided that the strengthening or restoration does not increase the building height, size or
volume or change the use of such building or structure.
5.6.5 RECONSTRUCTION OF DAMAGED EXISTING BUILDING OR STRUCTURE
Nothing in this By-law shall apply to prevent the reconstruction of any lawful non-
conforming building or structure which is damaged by causes beyond the control of the
owner. All reconstruction of buildings below the flood line shall be built not to exceed the
previous area and flood proofed to meet all Quinte Conservation Authority regulations.
5.6.6 BUILDING PERMIT ISSUED
The provisions of this By-law shall not apply to prevent the erection or use for a purpose
prohibited by this bylaw of any building or structure the plans for which have, prior to the
date of passing of this By-law, been approved by the Building Inspector 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 this By-law and such building or structure
is completed within a reasonable time after the erection thereof is commenced.
5.6.7 CHANGE OF USE
The use of a lot, building or structure which, under the provisions hereof, is not permissible
within the zone in which such a lot, building or structure is located shall not be changed
except to a conforming use.
5.6.8 PERMITTED NON-COMPLYING BUILDINGS OR STRUCTURES
Nothing in this By-law shall prevent the enlargement, extension, reconstruction, renovation,
repair or alteration of a building or structure which existed at the date of passing of this By-
law which is used for a purpose specifically permitted within the zone in which such or
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structure is located where such building or structure does not comply with the setback of
one or more yards that is or are less than required under the provisions of this By-law
provided that the setback or yard or yards that is or are less than required are not further
reduced and that all other provisions of this By-law are complied with.
5.6.9 FLOOR AREA LESS THAN REQUIRED
Nothing in this By-law shall prevent an extension or addition being made to a permitted
dwelling which existed at the time of passing of this By-law but which has a gross floor area
or dwelling unit area less than that required by this By-law provided such extension or
addition does not contravene any other provisions of this By-law.
5.7 EXTERNAL DESIGN
The following building materials shall not be used for more than 5 percent of the exterior
vertical facing on any wall of any residential building within the Corporation of the Town of
Deseronto:
a) building paper,
b) asphalt roll-type siding,
c) insulbrick
5.8 FRONTAGE ON A STREET OR ROAD
5.8.1 PUBLIC STREET
No person shall erect any building or structure in any zone unless the lot upon which such
building or structure is to be erected fronts upon an improved public street and further, that
such building or structure complies with the setback provisions of the By-law.
5.8.2 UNASSUMED ROAD
Notwithstanding the provisions of Section 5.8.1 hereof to the contrary, the provisions of this
by- law shall not apply to prevent the erection of a permitted building or structure on a lot in
a registered plan of subdivision where a properly executed subdivision agreement has been
entered into with the municipal Corporation whereunder the street or streets will not be
assumed by the municipality until such time as specified in the said agreement.
5.9 HAZARD LANDS
All new development and site alteration shall be set back a minimum of 30 metres from the
high water mark or outside the regulatory flood elevation of lakes, rivers, streams or creeks,
whichever is greater.
5.9.1 DESERONTO WAVE UPRUSH AND FLOOD HAZARD AREA
The Deseronto Wave Uprush and Flood Hazard Area is located along the Bay of Quinte
(Lake Ontario) shoreline and is labelled with the floodprone ("f") suffix symbol, as shown on
Schedule "A" to this By-law. This Hazard Area includes lands within the static 100-year flood
elevation for Bay of Quinte (Lake Ontario) plus an allowance for wind set-up, wave uprush
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and other water related hazards. No new development shall be permitted within this area,
which the exception of uses listed in Section 5.9.1.1, and provided such development is
appropriately floodproofed to the satisfaction of Quinte Conservation Authority and in
accordance with the provisions of 5.9.1.2.
5.9.1.1 PERMITTED USES
The following shall be permitted within zones with the floodprone ("f") symbol, subject to all
other provisions of the underlying zone:
a) Land uses such as agriculture (no livestock), nursery and market gardening and
forestry may be permitted within areas of natural hazard adjacent to a shoreline,
river or stream system.
b) Buildings and structures which by their nature must locate within the floodway,
including flood and/or erosion control works or minor additions or passive non-
structural uses which do not affect flood flows are also permitted.
c) Buildings and structures other than those required for conservation purposes are
prohibited in a floodway regardless of whether the area of inundation contains high
points of land not subject to flooding. Open space recreational uses may be
permitted where they are compatible with adjacent land uses.
d) Development is only permitted in those portions of erosion hazard lands where the
effects and risk to public safety are minor, so as to be managed or mitigated in
accordance with provincial standards, as determined by the demonstration and
achievement of all of the following:
i)
Development and site alteration is carried out in accordance with
floodproofing standards, protection works standards, and access standards
described in Section 5.8.1.3 and elsewhere in this By-law;
ii)
Vehicles and people have a way of safely entering and exiting the area during
times of flooding, erosion and other emergencies;
iii)
New hazards are not created and existing hazards are not aggravated; and
iv)
No adverse environmental impacts will result.
5.9.1.2 PROHIBITED USES
The following shall not be permitted within the Hazard-Floodprone (H-f) Zone:
a) Institutional uses such as a community centre, day care/nursery centre, education
facility, firehall, hospital, law enforcement establishment, library, school, or special
needs housing.
b) Uses associated with the disposal, manufacture, treatment or storage of hazardous
substances.
5.9.1.3 REQUIREMENTS FOR FLOODPROOFING AND FLOOD PROTECTION
Floodproofing and flood protection measures required for all uses permitted within the H-f
Zone may include such measures as the following:
a) the design of the structure to withstand hydrostatic forces;
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b) the strength of structural materials and components to ensure that the materials
used will not be subject to deterioration;
c) the elevation of the living space and building openings relative to flood levels and
wave uprush levels;
d) the location and elevation of electrical and heating equipment relative to flood levels
and wave uprush levels;
e) the location, elevation and design of municipal services and public utilities; and
f) such other additional shoreline protection and flood damage reduction measures
as may be warranted in the context of the location and nature of the proposed
building, structure or site development.
5.10 HOME OCCUPATION
The following regulations shall apply to a home occupation where such a use is permitted
in a single-unit dwelling or other residential unit.
5.10.1 SECONDARY USE
Such home occupation is clearly secondary to the main residential use and does not
change the residential character of the dwelling nor create or become a public nuisance, in
particular in regard to noise, noxious odours, emission of smoke, traffic or parking. In no
circumstances shall any yard be used in conjunction with the home occupation except in
accordance with Section 5.1 of this By-law.
5.10.2 SIGN
There is no display other than a sign of a maximum size of 0.3 square metres to indicate to
persons outside that any part of the dwelling is being used for a purpose other than
residential. Furthermore, such a sign shall be set back a minimum of 3 metres from any lot
line.
5.10.3 EMPLOYEES
No person other than those resident in the dwelling shall be employed except in the case of
a professional office in which instance no more than two (2) persons not resident in the
dwelling shall be employed.
5.10.4 FLOOR AREA
No more than 25 percent of the gross floor area of the dwelling is used for the purpose of
a home occupation use except in the case of a doctor, dentist, chiropractor, physiotherapist,
licensed massage therapist or osteopath, where the home occupation shall not exceed 40
percent of the gross floor area of the dwelling.
5.10.5 PROFESSIONAL OFFICE
The office for a professional person shall be located in the same dwelling in which the
professional person resides.
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5.10.6 PROHIBITED USES
Such home occupation shall not include a medical clinic, a private hospital, nursing home,
eating establishment, veterinary clinic, service shop or real estate office.
5.10.7 EQUIPMENT
No mechanical or other equipment shall be used which would interfere with the television
or radio reception of others in adjacent buildings or structures.
5.10.8 OUTSIDE STORAGE
There shall be no outside display or storage of goods or materials associated with a home
occupation use.
5.10.9 PARKING REQUIREMENTS
On-site parking is provided in accordance with the provisions of Section 5.17 of this By-law.
5.11 HEIGHT EXCEPTIONS
Notwithstanding the height provisions herein contained, nothing in this By-law shall apply
to prevent the erection, alteration or use of the following accessory buildings or structures
provided the principal use is a use permitted within the zone in which it is located: a church
spire, belfry, flag pole, light standard, clock tower, chimney, water tank, windmill, radio or
television antenna, air conditioner duct, incidental equipment required for processing and
external equipment associated with internal building equipment.
5.12 ILLUMINATION
Lighting fixtures designed for exterior illumination shall be installed with the light directed
downward and deflected away from adjacent lots.
5.13 LOADING SPACE REQUIREMENTS
5.13.1 LOADING SPACE
For every building or structure erected or used for any purpose involving the receiving,
shipping or loading of animals, goods, wares, merchandise or raw materials, loading and
unloading spaces in accordance with the Loading Space Requirement Table hereof shall be
provided and maintained on the lot.
5.13.2 LOADING SPACE REQUIREMENT TABLE
Gross Floor Area
Number of Loading Spaces
Up to and including 2,300 square metres
One Loading Space
Over 2,300 square metres to and including
7,400 square metres
Two Loading Spaces
Over 7,400 square metres to and including
14,000 square metres
Three Loading Spaces
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Over 14,000 square metres to and
including 22,500 square metres
Four Loading Spaces
Over 22,500 square metres to and
including 30,000 square metres
Five Loading Spaces
Over 30,000 square metres, for each
additional 9,000 square metres
One Loading Space
5.13.3 DIMENSIONS
Each loading space shall be not less than 12 metres long and 4 metres wide and have a
vertical clearance of not less than 5 metres.
5.13.4 LOCATION
The loading space or spaces required shall be located in the interior side or rear yard unless
such space or spaces are set back from the street line a minimum distance of 20 metres.
5.13.5 LIGHTING
Where the loading area is adjacent to a Residential zone, any lighting facilities shall be
arranged as to deflect the light away from the Residential zone.
5.13.6 SCREENING
Where the loading area is adjacent to a Residential zone, a barrier at least 2.0 metres in
height shall be erected on the lot line where it abuts the Residential zone. Such barrier shall
be constructed of material and in a manner to effect complete visual screening of the
loading area.
5.13.7 ACCESS
Access to loading or unloading spaces shall be by means of a driveway at least 9 metres
wide situated on the lot in which the spaces are located and leading to a street or lane
located within the zone in which the use is located.
5.13.8 LOADING SPACE SURFACE
The driveways and loading spaces shall be maintained with a stable surface which is
treated so as to prevent the raising of dust or loose particles. They shall, before being used,
be constructed of crushed stone, slag, gravel, crushed brick (or tile), cinders, asphalt,
concrete or Portland cement binder and with provisions for drainage facilities.
5.13.9 ADDITIONS TO BUILDINGS
The loading requirements referred to herein shall not apply to any building in existence at
the date of passing of this By-law so long as the floor area, as it existed at such date, is not
increased. If an addition is made to the building or structure which increases the floor area,
then additional loading shall be provided as required by Section 5.13.2 hereof for such
addition.
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5.14 EXISTING LOTS HAVING LESS AREA AND/OR FRONTAGE
Where a lot having a lesser lot area and/or lot frontage than required herein is held under
distinct and separate ownership from abutting lots as shown by a conveyance of title
properly executed prior to the date of passing of this By-law or where such lot is created as
a result of an expropriation, such smaller lot may be used or a building or structure may be
erected, altered or used on such lot provided that all other applicable zone requirements of
this By-law are met.
5.15 MULTIPLE USES ON ONE LOT
Where a lot is used for more than one use and the lot lies within more than one zone, all the
provisions for each zone shall be complied with.
5.16 NOXIOUS USES
Except as may otherwise be specifically permitted under this By-law, no use shall be
permitted which from its nature or the materials used therein, is declared by the local Health
Unit or Council of the Corporation to be a noxious trade, business or manufacture under the
Health Protection and Promotion Act, as amended, and the Regulations promulgated
thereunder and, without limiting the generality of this subsection, for any purpose that
creates or is likely to become a nuisance or offensive or both by:
a) the creation of noise or vibration, or
b) the emission of gas, fumes, smoke, dust or objectionable odour, except in the case
of agricultural uses operating in compliance with the Agricultural Code of Practice,
or
c) the unsightly storage of goods, wares, merchandise, salvage, refuse matter,
automobiles, trailers or parts of vehicles or trailers, machinery or other such
material.
5.17 PARKING AREA REQUIREMENTS
Parking spaces and areas are required under this By-law in accordance with the Parking
Space Requirement Table and the owner of every building or structure erected or used for
any of the purposes set forth shall provide and maintain for the sole use of the owner,
occupant or other persons entering upon or making use of the said premises from time to
time the required parking spaces and areas.
5.17.1 PARKING SPACE REQUIREMENT TABLE
Type or Nature of Use
Minimum Off-Street Parking Requirements
Additional Dwelling Unit
1 space per additional dwelling unit
Assembly Hall, Place of
Entertainment, Place of
Worship, Arena, Community
Centre and other similar
places of assembly
The greater of:
a) 1 parking space per 6 fixed seats or fraction
thereof
b) 1 parking space per 9 sq. m. of gross floor area
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c) 1 parking space for each 4 persons that can be
accommodated at any one time
Boarding, Lodging House
1 parking space per dwelling unit plus 1 parking space
per guest room
Bowling Alley
3 parking spaces for each alley
Business or Professional
Office, Retail
Commercial establishment,
Personal Service
establishment
1 parking space per 28 sq. m. of gross floor area
Hospital, Long Term Care
Facility, Respite Care Facility,
Group Home, Community
House, Emergency Housing
Facility
1 parking space for each 4 beds
Eating Establishment
1 parking space per 9 sq. m. of gross floor area
Home Occupation
1 parking space for every 37 sq. m. of floor area
devoted to the use
Liquor Licensed Premises
1 parking space for each 4 persons that may be legally
accommodated at one time
Manufacturing or Processing
Plant
1 parking space per 36 sq. m, of manufacturing
floor area
Medical or Dental Clinic
4 parking spaces per doctor
Hotel, Tourist Establishment
1.2 parking spaces per guest room, cottage or cabin
Post Office, Public Library,
Museum
1 parking space per 36 sq. m. of gross floor space
Residential, other than listed
herein
2 parking spaces per dwelling unit
School
1.5 parking spaces per classroom
Trailer Camp or Park
1 parking space for each tent or trailer space
Uses permitted by this By-
law other than those listed in
this table
1 parking space per 36 sq. m. of gross floor area
Workshop
1 parking space per 36 sq. m. of gross floor area
* In addition to the minimum off-street parking requirements for the use permitted, if Liquor
Licensed Premises are contained within a portion thereof, then additional parking spaces
shall be provided in accordance with the minimum off-street parking requirements for
Liquor Licensed Premises.
5.17.2 PARKING AREA SURFACE
Each parking area and driveway connecting the parking area with a street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust or
loose particles.
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Section 5: General Provisions
49
They shall, before being used, be constructed of crushed stone, slag, gravel, crushed brick
(or tile), cinders, asphalt, concrete, Portland cement binder or like material and with
provisions for drainage facilities.
5.17.3 INGRESS AND EGRESS
5.17.3.1
Ingress and egress to and from the required parking spaces and areas shall be provided by
means of unobstructed driveways or passageways at least 3 metres but not more than 9
metres in perpendicular width.
5.17.3.2
The maximum width of any joint ingress and egress driveway ramp measured along the
street line shall be 9 metres.
5.17.3.3
The minimum distance between any two driveways on one lot or between a driveway and
an intersection of street lines measured along the street line intersected by such driveway
shall be 9 metres (29.52 ft).
5.17.3.4
The minimum angle of intersection between a driveway and a street line shall be 60
degrees.
5.17.4 MORE THAN ONE USE ON A LOT
When a building or structure accommodates more than one type of use, the parking space
requirement for the whole building shall be the sum of the requirements for the separate
parts of the building or structure occupied by the separate types of use.
5.17.5 PARKING AREA LOCATION ON LOT
Notwithstanding the yard and setback provisions of this By-law to the contrary, uncovered
surface parking areas shall be permitted in the required yards or in the required setback as
set out in the Parking Area Location Table. Further, in all zones except Residential, no
driveway or parking area is permitted within 7.5 metres of the boundary of a Residential
zone.
5.17.6 PARKING AREA LOCATION TABLE
Zone
Yard in Which Required Parking Area Permitted
Community Facility
All yards provided that no part of any parking area,
other than a driveway, is located closer than 1 metre to
any street line.
Residential Zones
Interior side and rear yard and one space may be
provided in the driveway provided that no part of any
parking area, other than a driveway is located closer
than 1 metre to any street line and provided further that
Town of Deseronto: Comprehensive Zoning By-law
Section 5: General Provisions
50
a parking area, other than a driveway, for a Residential
use containing three or more dwelling units is located in
no other yard than the rear yard.
Industrial Zones
Interior side and rear yards only, except for visitor
parking, provided that no part of any parking area, other
than a driveway, is located closer than 1 metre to any
street line.
5.17.7 ADDITIONS TO EXISTING BUILDINGS
The parking space requirements referred to herein shall not apply to any building in
existence at the date of passing of this By-law so long as the floor area as it existed at such
date is not increased. If an addition is made to the building or structure which increases the
floor area, then parking space for the addition shall be provided as required by the Parking
Space Requirement Table.
5.17.8 USE OF PARKING SPACES AND AREAS
Parking spaces and areas required in accordance with this By-law shall be used for the
parking of operative, currently licensed vehicles only and for vehicles used in operations
incidental to the permitted uses in respect of which such parking spaces and areas are
required or permitted, provided however, that no person shall use any lot in any Residential
zone for the parking or storage of more than one of any commercial vehicle in excess of
500 kilograms capacity, except that one commercial motor vehicle not exceeding 1,000
kilograms capacity may be stored in a private garage.
5.17.9 ABANDONED EQUIPMENT
Unused and discarded motor vehicles, farm implements and similar abandoned equipment
shall not be located or stored in any zone in a location where they will be visible from a
street or road or from adjacent lots.
5.17.10
PARKING SPACE LOCATED ON OTHER LOT
Where the owner of a building or structure proposes to provide the required parking spaces
and areas in a location other than the same lot as the use which requires such spaces and
areas, said spaces and areas shall be located within the same zone as the said lot.
5.17.11
PARKING AREA DESIGN REQUIREMENTS
The following parking area design requirements shall apply to all required parking areas in
all zones except for single detached, semi-detached, duplex, triplex, four-plex, and
townhome, and additional dwellings:
5.17.11.1
The minimum width of parking spaces shall be 3 metres and the minimum length shall be
6 metres (19.69 ft),
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Section 5: General Provisions
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5.17.11.2
Where a parking space has a parking angle of 30 degrees or less, such parking space shall
be at least 7 metres in length where the aisle width is at least 4 metres,
5.17.11.3
Where the parking angle is less than 50 degrees, the minimum aisle width shall be at least
4 metres,
5.17.11.4
Where the parking angle is equal to or greater than 50 degrees but less than 70 degrees,
the minimum aisle width shall be at least 5.5 metres,
5.17.11.5
Where the parking angle is equal to or greater than 70 degrees but less than or equal to 90
degrees, the minimum aisle width shall be at least 7 metres.
5.17.12
ACCESSIBLE PARKING
In any zone, the required number of parking spaces shall include the provision of accessible
parking spaces in the minimum quantity specified below:
5.17.12.1
Residential:
Accessible parking spaces are provided at a rate of 4% of the required parking spaces;
5.17.12.2
Residential Exception:
Accessible parking is not required for single detached, semi-detached, duplexes, triplexes
and row houses (townhouses) that do not have a shared parking arrangement;
5.17.12.3
Commercial and residential:
Accessible parking spaces are provided at a rate of 4% of the required parking spaces;
5.17.12.4
Industrial:
Accessible parking spaces are provided at a rate of 4% for the first 200 required parking
spaces and 3% for the additional required parking spaces, including a minimum of one Type
A (Van accessible) required accessible space, rounded up to the nearest whole number.
Equal numbers of Type A (Van accessible) and Type B are required. If an odd number is
required, the additional space may be either type;
5.17.12.5
Institutional:
Accessible parking spaces are provided at a rate of 10% of the required parking spaces;
5.17.12.6
All other uses:
Accessible parking spaces are provided at a rate of 4% of the required parking spaces;
5.17.12.7
When determining the required number of parking spaces in accordance with the above
provisions, any fraction derived from the calculation shall be rounded up to the nearest
whole number;
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Section 5: General Provisions
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5.17.12.8
Where an even number of parking spaces for the use of persons with disabilities are
provided in accordance with the requirements of the zoning By-law, an equal number of
parking spaces that meet the requirements of Type A Parking space and Type B parking
space must be provided; and
5.17.12.9
Where an odd number of parking spaces for the use of persons with disabilities are provided
in accordance with the zoning By-law the number of parking spaces must be divided equally
between parking spaces that meet the requirements of a Type A parking space and a Type
B parking space, but the additional parking space, the odd numbered space, may be a Type
B parking space.
5.17.12.10
Design Standards
The following regulations shall apply to accessible parking spaces:
a) Type A (Van accessible) spaces shall have minimum rectangular dimensions of 3.4
metres width by 6.0 metres length and must have signage specifying that they are
van-accessible;
b) Type B spaces shall have minimum rectangular dimensions of 2.4 metres width by
6.0 metres length;
c) An access aisle with a minimum rectangular dimensions of 1.5 in width and 6.0
metres in length and marked with a high tonal contrast diagonal lines is required
adjacent to Type A and Type B accessible parking spaces. The access aisle may be
shared between spaces;
d) All accessible parking spaces shall be marked by an identifying marker on the
pavement consisting of the international symbol of access as a 1.5 metre by 1.5
metre white border and a symbol with a blue background field colour centred on the
parking stall;
e) All accessible parking spaces shall be appropriately signed in accordance with
provincial regulation;
f) A minimum vertical clearance of 2.1 metres shall be provided at accessible parking
spaces, passenger loading zones and along routes to accessible parking spaces;
g) Maximum gradient for a barrier free vehicle parking space shall be five (5) percent,
or as required by the Ontario Building Code (OBC), as amended;
h) Accessible parking spaces shall be located and distributed in a manner that
provides substantially equivalent or greater accessibility in terms of distance from
an entrance or user convenience; and
i)
Curb ramps, where required shall be provided to permit access from the parking
area to a sidewalk.
Town of Deseronto: Comprehensive Zoning By-law
Section 5: General Provisions
53
5.18 PLANTING STRIPS AND SCREENS
5.18.1 LOCATION
Where the interior side or rear lot line in a Commercial or Industrial zone abuts a Residential
zone, a planting strip or screening adjoining such abutting lot line or portion thereof shall be
provided on the Commercial or Industrial lot. A screen or planting strip shall be required
where a higher density residential use is located adjacent to one of lower density.
5.18.2 PREREQUISITE
Where a planting strip or screening is required on a lot, such lot shall be used for no other
purpose than that which existed at the date of passing of this By-law unless and until the
required planting strip is planted or provided.
5.18.3 CONTENTS
A planting strip shall consist of a continuous unpierced hedgerow of trees, evergreens or
shrubs not less than 2 metres high and 3 metres wide immediately adjoining the lot line or
portion thereof along which such planting strip is required. A screen may include a fence or
berm which provides a visual screen having a minimum height of 1.6 metres. Where an
earth berm is to be constructed, it shall have slopes no greater than 3:1 horizontal to vertical
ratio.
5.18.4 MAINTENANCE
Where a planting strip is required, it shall be planted, nurtured and maintained by the owner
of the lot on which the strip is located.
5.18.5 LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form part of any landscaped open space
required by this By-law.
5.18.6 INTERRUPTION FOR DRIVEWAYS OR PEDESTRIAN WALKS
In all cases where ingress and egress driveways or walks extend through a planting strip or
screen, it shall be permissible to interrupt the strip or screen within 3 metres of the edge of
such driveway or within 1.5 metres of the edge of such walk.
5.19 PUBLIC USES
5.19.1 PUBLIC USE
Except as otherwise provided in Section 5.19.3 hereof, the provisions of this By-law shall
not apply to the use of any lot under the jurisdiction of any Public Authority or to the erection
or use of the services provided by a Public Authority.
Town of Deseronto: Comprehensive Zoning By-law
Section 5: General Provisions
54
5.19.2 STREETS AND INSTALLATIONS
5.19.2.1
Nothing in this By-law shall prevent land from being used as a street or prevent the
installation of a watermain, sanitary sewer main, storm sewer main, gas main, pipeline,
overhead or underground electric, telegraph, telephone or other supply and/or
communication line including their distribution, transformer, pumping and/or regulating
stations but not including their offices and maintenance facilities provided that the location
of such main, line or station has been approved by the Corporation.
5.19.2.2
Nothing in this By-law shall prevent land from being used for a wayside pit or quarry,
portable asphalt plant, or portable concrete plant used on Public Authority contracts except
in those lands zoned Hazard (H).
5.19.2.3
Notwithstanding Subsection 5.19.2.1, the approval by the Council of the Corporation shall
not be required for any public use which has received prior approval pursuant to the
provisions of the Environmental Assessment Act, as amended.
5.19.3 LOCATION
A public use shall be permitted in all zones, subject to the provisions of Section 5.19.2.
5.19.4 PROVISIONS
Notwithstanding any other provisions of this By-law to the contrary, where a public use is
not restricted to a specific zone, the provisions of the zone in which the use is located shall
apply except as provided in Section 5.19.2.1.
5.19.5 OUTSIDE STORAGE
No goods, materials or equipment shall be stored outside the building or structure located
on a lot except as may otherwise be permitted under this By-law.
5.20 SETBACKS FROM HIGH WATER MARK
All new development shall include a 30 metre setback from the annual high water mark as
determined by the Ministry of Natural Resources and Forestry, or other similar agency. Only
those buildings, structures and uses requiring proximity to water, such as docks, boat
houses or similar accessory uses, may be located within 30 metres of the high water mark
of the water body.
5.21 SHORT TERM ACCOMMODATION
Short Term Accommodation, as defined herein, shall be permitted within the Municipality
subject to the following provisions:
a) Short term accommodation uses are only permitted within the R1, R2, or R3 Zones
only.
Town of Deseronto: Comprehensive Zoning By-law
Section 5: General Provisions
55
b) A short term accommodation use shall have a maximum of three (3) bedrooms.
c) One (1) enclosed waste/recycling depot consisting of a self-enclosed building,
structure or container, located outside of the short term accommodation, of
sufficient size that it will store the garbage and waste generated by the premises
until such garbage and waste is disposed of.
d) A minimum of 1 parking space is required for each bedroom rented.
e) Short term accommodation within the entire municipality may be subject to a
licensing system under the Municipal Act.
5.22 SIGHT TRIANGLES
On a corner lot, within the triangular space formed by the street lines and a line drawn from
a point in one street line to a point in the other street line, each such point being 9 metres
measured along the street line from the point of intersection of the street lines, no motor
vehicle, as defined in the Highway Traffic Act shall be parked, or no building or structure
which would obstruct the vision of drivers of motor vehicles shall be erected and no land
shall be used for the purposes of growing shrubs or trees in excess of 1 metre in height.
Such triangular space may hereinafter be called a "sight triangle". Where the two street lines
do not intersect at a point, the point of intersection of the street lines shall be deemed to be
the intersection of the projection of the street lines or the intersection of the tangents to the
street lines.
5.23 SPECIAL USES PERMITTED
A tool shed, construction trailer, scaffold or other building or structure incidental to
construction is permitted in all zones within the Corporation on the lot where construction
is being undertaken and only for so long as it is necessary for the work in progress and until
such work is completed
5.24 THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, the setback and
front yard requirements contained herein shall apply on each street in accordance with the
provisions of the zone or zones in which such lot is located.
5.25 TRAILERS, CAMPER TRAILERS AND TENTS
5.25.1 PARKING-AND STORAGE
The parking and storage of trailers, motorized mobile homes, truck campers and camper
trailers shall be prohibited in all zones, EXCEPT where such vehicle is parked or stored on
the owner's lot. (See Municipal Vehicle Parking & Storage By-law 14-98)
5.25.2 HUMAN OCCUPATION
The use of tents and trailers for human habitation or for business or other purposes is
prohibited provided, however, that this provision shall not prevent the use of tents for
children's play or for picnics.
Town of Deseronto: Comprehensive Zoning By-law
Section 5: General Provisions
56
5.25.3 TRUCK, BUS AND COACH BODIES
No truck, bus, coach or streetcar body or structure of any kind, other than a dwelling unit
erected and used in accordance with this By-law, the Building Code Act, as amended, and
the regulations thereunder and all other bylaws of the Corporation, shall be used for human
habitation or storage of goods and materials within any area affected by this By-law
whether or not the same is mounted on wheels.
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
57
6.0 ZONE PROVISIONS
6.1 RESIDENTIAL TYPE 1 (R1) ZONE
The following provisions shall apply to the use of land, buildings and structures in the
Residential Type 1 (R1) zone, subject to the general provisions set out in Section 5 of this
by- law.
6.1.1 PERMITTED USES
6.1.1.1 RESIDENTIAL USES
-
single detached dwelling
-
additional dwelling unit in accordance with the provisions of Section 5.1.5
-
group home
-
a home occupation in accordance with the provisions of Section 5.10
-
a bed and breakfast establishment (2 rooms)
6.1.1.2 ACCESSORY USES
Uses, buildings or structures accessory to any of the permitted uses herein in accordance
with the provisions of this By-law.
6.1.2 REGULATIONS FOR RESIDENTIAL USES ON FULL MUNICIPAL SERVICES
Minimum Lot Area
550 m2
650 m2
325 m2
for single detached dwelling
for duplex dwelling
for semi-detached dwelling (per unit)
Minimum Lot Frontage
15.0 m
21.0 m
9.0 m
for single detached dwelling
for duplex dwelling
for semi-detached dwelling (per unit)
Maximum Lot Coverage
30%
35%
for single detached dwelling
for duplex dwelling or semi-detached
dwelling (per unit)
Minimum Landscaped Open Space
30%
Minimum Front Yard
6.0 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side Yard
3.0 m
Minimum Interior Side Yard
1.5 m
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
58
Maximum Building Height
11.0 m
Minimum Setback from Street
Centreline
21.0 m
County Road
17.7 m
Town Street
6.1.3 REGULATIONS FOR RESIDENTIAL USES ON PARTIAL MUNICIPAL OR
PRIVATE SERVICES
Minimum Lot Area
1,100 m2
for single detached dwelling on
public water and private sewage
disposal
4,000 m2
for single detached dwelling on
private well and private sewage
disposal
Minimum Lot Frontage
24 m
for single detached dwelling on
public water and private sewage
disposal
45 m
for single detached dwelling on
private well and private sewage
disposal
All other lot regulations of Section 6.1.2 shall apply.
6.1.4 REGULATIONS FOR DETACHED ACCESSORY BUILDINGS
6.1.4.1 Interior side yard width:
1.5 metres except as provided in Section 5.1 of this by- law
6.1.4.2 Exterior side yard width:
4.5 metres
6.1.4.3 Rear yard depth:
1.5 metres
6.1.5 EXCEPTIONS
(RESERVED)
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
59
6.2 RESIDENTIAL TYPE 2 (R2) ZONE
The following provisions shall apply to the use of land, buildings and structures in the
Residential Type 2 (R2) zone, subject to the general provisions set out in Section 5 of this
by- law.
6.2.1 PERMITTED USES
6.2.1.1 RESIDENTIAL USES
-
all uses permitted in the Residential Type 1 (R1) zone
-
semi-detached dwelling
-
duplex dwelling
-
triplex dwelling
-
fourplex dwelling
-
additional dwelling unit in accordance with Section 5.1.5.
-
boarding or lodging house
6.2.1.2 NON-RESIDENTIAL USES
-
public uses or utilities in accordance with the provisions of this By-law
6.2.1.3 ACCESSORY USES
Uses, buildings or structures accessory to any of the permitted uses and in accordance
with the provisions of this By-law.
6.2.2 RESIDENTIAL USES PERMITTED IN THE RESIDENTIAL TYPE 1 (R1)
ZONE
All regulations for residential uses permitted in the Residential Type 1 (R1) zone as set out
in Section 6.1 of this By-law shall also apply to these uses within the Residential Type 2 (R2)
zone.
6.2.3 REGULATIONS FOR TRIPLEX, FOURPLEX AND BOARDING OR LODGING
HOUSES
Minimum Lot Area
836 m2
1,114 m2
925 m2
for triplex dwelling
for fourplex dwelling
for boarding or lodging house
Minimum Lot Frontage
15.0 m
21.0 m
9.0 m
for single detached dwelling
for duplex dwelling
for semi-detached dwelling (per unit)
Maximum Lot Coverage
30%
for single detached dwelling
Minimum Landscaped Open Space
30%
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
60
Minimum Front Yard
6.0 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side Yard
3.0 m
Minimum Interior Side Yard
1.5 m
Maximum Building Height
11.0 m
Minimum Setback from Street
Centreline
21.0 m
County Road
17.7 m
Town Street
6.2.4 REGULATIONS FOR DETACHED ACCESSORY BUILDINGS
6.2.4.1 Exterior side yard width:
4.5 metres
6.2.4.2 Interior side yard width:
1.5 metres except as provided in Section 5.1 of this By-law
6.2.4.3 Rear yard depth:
1.5 metres
6.2.5 REGULATIONS FOR HOME OCCUPATIONS
SEE Section 5.10
6.2.6 REGULATIONS FOR OFF STREET PARKING
SEE Section 5.17
6.2.7 EXCEPTIONS
(RESERVED)
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
61
6.3 RESIDENTIAL TYPE 3 (R3) ZONE
The following provisions shall apply to the use of land, buildings and structures in the
Residential Type 3 (R3) zone, subject to the general provisions set out in Section 5 of this
by- law.
6.3.1 PERMITTED USES
6.3.1.1 RESIDENTIAL USES
-
all uses permitted in the Residential Type 1 (R1) or Residential Type 2 (R2) Zones
-
townhouse dwelling (street)
-
townhouse dwelling (block)
-
additional dwelling unit in accordance with Section 5.1.5
-
apartment dwelling
6.3.1.2 ACCESSORY USES
Uses, buildings or structures accessory to any of the foregoing permitted uses specified
under Section 6.3.1.1 hereof and in accordance with the provisions of this By-law.
6.3.2 REGULATIONS FOR RESIDENTIAL USES PERMITTED IN THE
RESIDENTIAL TYPE 1 (R1) AND RESIDENTIAL TYPE 2 (R2) ZONES
All regulations for residential uses permitted in the Residential Type 1 (R1) zone as set out
in Section 6.1 or in the Residential Type 2 (R2) zone as set out in Section 6.2 of this By-law
shall also apply to these uses within the Residential Type 3 (R3) zone.
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
62
6.3.3 REGULATIONS FOR TOWNHOUSE OR APARTMENT DWELLING
Minimum Lot Area
200 m2 per unit
Townhouse Dwelling
133 m² per unit
Apartment Dwelling
For permitted Special Needs Housing,
133m² of lot area per unit, or 60m² per bed,
whichever is greater.
Minimum Lot
Frontage
6 m
10 m
Townhouse Dwellings (per interior unit)
Townhouse Dwellings (per exterior unit)
30.0 m
For a lot wholly containing an Apartment
Dwelling
Minimum
Landscaped
Planting Strip
1.5 m where abutting a rear lot line or interior side lot line of any
property Zoned R1, R2 or R3.
Maximum Lot
Coverage
50%
40%
Townhouse Dwelling (Street)
Townhouse Dwelling (Block)
40%
Apartment Dwelling
Minimum
Landscaped Open
Space
30%
Townhouse Dwelling (Street or Block)
20%
Apartment Dwellings in an Apartment
Building
Minimum Front Yard
7.5 m
Minimum Rear Yard
7.5 m
Minimum Exterior
Side Yard
4.5 m
Minimum Interior
Side Yard
2.0 m
Townhouse Dwelling
3.0 m
Apartment Dwelling
Maximum
Building Height
11.0 m
21.0 m
County Road
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
63
Minimum Setback
from Street
Centreline
17.7 m
Town Street
Parking Location
No parking is permitted in the exterior side yards
6.3.4 REGULATIONS FOR DETACHED ACCESSORY BUILDINGS
6.3.4.1 Exterior Side Yard Width:
4.5 metres
6.3.4.2 Interior Side Yard Width:
1.5 metres except as provided in Section 5.1 of this By-law
6.3.4.3 Rear Yard Depth:
1.5 metres
6.3.5 REGULATIONS FOR HOME OCCUPATIONS
SEE SECTION 5.10
6.3.6 REGULATIONS FOR OFF-STREET PARKING
SEE SECTION 5.17
6.3.7 EXCEPTIONS
(RESERVED)
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
64
6.4 GENERAL COMMERCIAL (C1) ZONE
The following provisions shall apply to the use of land, buildings and structures in the
Highway Commercial (C1) zone, subject to the general provisions set out in Section 5 of
this By-law.
6.4.1 PERMITTED USES
6.4.1.1 RESIDENTIAL USES
-
single unit dwelling house for the owner, manager or employee of the permitted non-
residential use
-
dwelling unit in part of a non-residential building except a motor vehicle body shop,
motor vehicle repair garage or a motor vehicle service station.
6.4.1.2 NON-RESIDENTIAL USES
-
assembly hall
-
bake shop
-
bank or financial establishment
-
bowling alley
-
business, professional or administrative offices
-
commercial or private club
-
convenience store
-
craft shop
-
day nursery
-
dry cleaners establishment
-
drive-through service facility
-
eating establishment, including take-out eating establishment
-
farm implement and/ or supply dealer
-
ferment on premises facillity
-
food market
-
funeral home
-
garden centre
-
hotel, motel
-
laundry establishment
-
Liquor Control Board or Brewer's Retail outlet
-
marine and/or snowmobile dealer
-
medical or dental clinic
-
motor vehicle body shop
-
motor vehicle dealer
-
motor vehicle gasoline bar
-
motor vehicle repair garage
-
motor vehicle sales, used
-
motor vehicle service station
-
motor vehicle wash, automatic
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
65
-
parking lot
-
place of entertainment
-
printing or publishing establishment
-
rental establishment
-
retail commercial establishment
-
retail lumber yard
-
service shop
-
tavern
-
taxi depot
-
theatre
-
tourist establishment
-
trailer sales agency
-
uses permitted in the Community Facility (CF) zone
-
veterinary clinic
6.4.1.3 ACCESSORY USES
Uses, buildings and structures accessory to any of the permitted uses in accordance with
the provisions of this By-law.
6.4.2 REGULATIONS FOR RESIDENTIAL USES
The regulations for residential uses as specified in Section 6.1 hereof shall apply within the
General Commercial (C1) Zone. In addition, the following requirements shall apply:
6.4.2.1 MINIMUM SEPARATION
Where a dwelling house is erected or any building or structure is altered or used as a
dwelling house, such house shall not be located closer than:
-
3 metres from a permitted non-residential use other than a motor vehicle repair
garage, service station or body shop,
-
7.5 metres from a motor vehicle repair garage, service station or body shop.
6.4.2.2 SECONDARY USE
The residential uses permitted on a lot in a General Commercial (C1) Zone shall be
secondary and incidental to the non-residential use of the lot, being located either to the
rear of the permitted non-residential use or, except where the permitted non-residential use
is a motor vehicle repair garage, service station or body shop, in an upper storey.
6.4.2.3 DWELLING UNIT IN A NON-RESIDENTIAL BUILDING
6.4.2.3.1 MAXIMUM NUMBER OF DWELLING UNITS: 1
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
66
6.4.3 REGULATIONS FOR NON-RESIDENTIAL USES
Minimum Lot Area
Public Water
and Sanitary
Private Well and
Public Sanitary
Public Water and
Private Septic
700 m2
1,400 m2
2,300 m2
Maximum GFA per Use
500 m2
Minimum Lot Frontage
15.0 m
Minimum Landscaped
Planting Strip
1.5 m where abutting a rear lot line or interior side lot
line of any property Zoned R1, R2 or R3.
Maximum Lot Coverage
50%
Minimum Landscaped
Open Space
20%
Minimum Front Yard
10.0 m
Minimum Rear Yard
7.5 m*
Minimum Exterior Side
Yard
6.0 m
Minimum Interior Side Yard
4.5 m
Maximum Building Height
11.0 m
Minimum Setback from
Street Centreline
20.0 m
County Road
13.0 m
Town Street
*except where the rear or interior side lot line abuts a Residential zone, the minimum rear
yard depth shall be 9 metres
6.4.3.1 DRIVEWAYS
6.4.3.1.1 MAXIMUM WIDTH AT FRONT LOT LINE:
9 metres
6.4.3.1.2 MINIMUM SEPARATION BETWEEN DRIVEWAYS:
7.5 metres
6.4.4 REGULATIONS FOR DETACHED ACCESSORY BUILDINGS
6.4.4.1 Exterior Side Yard Width:
12 metres
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Section 6: Zone Provisions
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6.4.4.2 Interior Side Yard Width:
3 metres
6.4.4.3 Rear Yard Depth:
3 metres
6.4.5 REGULATIONS FOR RETAIL GASOLINE ESTABLISHMENTS
6.4.5.1 GASOLINE PUMP LOCATION
Notwithstanding any other provisions of this By-law to the contrary, a gasoline pump island
or gasoline pumps as part of or accessory to a motor vehicle gasoline bar, motor vehicle
service station or motor vehicle repair garage may be located within any yard provided:
-
the minimum distance between any portion of the pump island or gasoline pumps
and any street line or any rear or interior side lot line is not less than 4.5 metres,
-
where a lot is a corner lot, no portion of any pump island or gasoline pump shall be
located closer than 3 metres to a straight line between a point in the front lot line
and a point in the exterior side lot line, each such point being distant 15 metres from
the intersection of such lot lines and
-
any tank installed within the floodplain either above or below ground must be
anchored to prevent flotation or dislodgement.
6.4.5.2 BULK FUEL AND PROPANE STORAGE TANK LOCATION
Bulk fuel and propane storage tanks shall be installed in accordance with the provisions of
the Provincial Gasoline Handling Act or the Ontario Propane Storage Handling and
Utilization Code as may be applicable.
6.4.6 PLANTING STRIP
Where the interior side or rear lot line of a lot within the Highway Commercial (Cl) zone
abuts a Residential zone, an area adjoining such abutting lot line shall be used for no other
purpose than for a planting strip in accordance with the requirements of Section 5.17 as
set forth in this By-law.
6.4.7 ASSEMBLY
The assembly of components which are part of a permitted use shall be permitted provided
such assembly is secondary.
6.4.8 REGULATIONS FOR OFF-STREET PARKING
SEE Section 5.17.
6.4.9 EXCEPTIONS
6.4.9.1 General Commercial Exception One (C1-1) Zone
Notwithstanding the provisions of Section 6.4 of this bylaw to the contrary and provided all
other provisions of the By-law are complied with, the permitted uses within the C1-1 and
C1-f-1 Zones shall be limited to a tourist establishment.
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6.4.9.2 General Commercial Exception Two (C1-2) Zone
Notwithstanding the provisions of Section 6.4 of this bylaw to the contrary and provided all
other provisions of the By-law are complied with, the permitted uses within the C1-2 Zone
shall be limited to a motel, including two permanent residential units.
6.4.9.3 General Commercial Exception Three (C1-3) Zone
Notwithstanding the provisions of Section 6.4 of this bylaw to the contrary and provided all
other provisions of the By-law are complied with, the permitted uses within the C1-3 Zone
shall be limited to a motor vehicle service station.
6.4.9.4 General Commercial Exception Four (C1-4) (formerly C2-2)
Notwithstanding the provisions of Section 6.4 of this bylaw to the contrary and provided all
other provisions of the By-law are complied with, the permitted uses within the C2-2 zone
shall be limited to the manufacture and display of furniture or other goods, a restaurant
comprising no more than 465 square metres and the use of no more than 84 square metres
of floor area for the restoration of antique cars. One residential unit for the owner, manager
or caretaker is also permitted.
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69
6.5 MAIN STREET CORE COMMERCIAL (C2) ZONE
The following provisions shall apply to the use of land, buildings and structures in the Main
Street Core Commercial (C2) zone, subject to the general provisions set out in Section 5 of
this By-law and where, unless stated otherwise herein, full municipal services are available.
6.5.1 PERMITTED USES
6.5.1.1 RESIDENTIAL USES
Dwelling units may be permitted in part of a non-residential building, except where the
building is used for a motor vehicle service station, motor vehicle repair garage, motor
vehicle dealership or a motor vehicle body shop, provided that such dwelling units are
located above the first floor only.
6.5.1.2 NON-RESIDENTIAL USES
-
assembly hall
-
bake shop
-
bank or financial establishment
-
bowling alley
-
business, professional or administrative offices
-
commercial or private club
-
convenience store
-
craft shop
-
day nursery
-
dry cleaners establishment
-
eating establishment, including take-out eating establishment
-
ferment on premises facility
-
food market
-
funeral home
-
hotel
-
laundry establishment
-
Liquor Control Board or Brewer's Retail outlet
-
medical or dental clinic
-
parking lot
-
place of entertainment
-
printing or publishing establishment
-
retail commercial establishment
-
service shop
-
tavern
-
taxi depot
-
theatre
-
tourist establishment
-
uses permitted in the Community Facility (CF) zone
-
veterinary clinic
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6.5.1.3 ACCESSORY USES
Uses, buildings and structures accessory to any of the permitted uses in accordance with
the provisions of this By-law.
6.5.2 REGULATIONS FOR ALL USES
Minimum Lot Area
133 m2 lot
area/unit
Apartment Dwellings in a Mixed-Use Building;
300 m2
All other Permitted uses
For permitted Special Needs Housing, 133m² of lot area per unit,
or 60m² of lot area per bed, whichever is greater.
Maximum GFA per
Use
500 m2
Minimum
Landscaped
Planting Strip
where abutting a rear lot line or interior side lot line of any property
Zoned R1, R2 or R3.
Minimum
Landscaped Open
Space
10%
Minimum Front Yard
0.0 m
Minimum Rear Yard
7.5 m
Minimum Exterior
Side Yard
3.0 m
Minimum Interior
Side Yard
0.0 m
4.5 m
where abutting a rear lot line or interior side lot line
of any property Zoned R1, R2 or R3.
Maximum Lot
Coverage
80%
Maximum Building
Height
11.0 m
Parking and Loading
Vehicle parking and loading facilities shall be located in rear and
side yards. No vehicular parking or loading facilities may be
located within any front yard.
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6.5.3 DRIVEWAYS
Notwithstanding any other provisions of this By-law, the following provisions shall apply to
driveways in the Main Street Core Commercial (C2) Zone:
6.5.3.1
the maximum width of a driveway measured along the sidewalk, where such exists, and
otherwise along the streetline shall be 9 metres;
6.5.3.2
the minimum distance between driveways, measured along the streetline intersected by
such driveways shall be 7.5 metres;
6.5.3.3
the minimum distance between a driveway and an intersection of streetlines, measured
along the streetline intersected by such driveway, shall be 9 metres;
6.5.3.4
the minimum distance between an interior side lot line and any driveway shall be 3 metres;
6.5.3.5
the interior angle formed between the streetline and centre line of any driveway shall be not
less than 45 degrees.
6.5.4 BUFFER STRIP
Where the interior side or rear lot line of a lot within the Main Street Core Commercial (C2)
zone abuts a Residential zone, an area adjoining such abutting lot line shall be used for no
other purpose than for a buffer strip in accordance with the requirements of Section 5.18
herein.
6.5.5 EXCEPTIONS
6.5.5.1 Main Street Core Commercial Exception One (C2-1) Zone
Notwithstanding the provisions of Section 6.5 of this By-law to the contrary and provided
all other provisions of the By-law are complied with:
-
the permitted uses within the C2-1 zone shall be limited to a retail commercial
establishment and/or a wholesale business which shall, for the purposes of this By-
law, be defined as the use of land or the occupancy of a building and/or structure
for the purpose of selling and/or offering for sale or bid, goods, wares and/or
merchandise on a wholesale basis and includes the storage or warehousing of
those goods, wares and/or merchandise. A wholesale business, for the purposes of
this By-law, shall include an auction sales barn.
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72
6.6 WATERFRONT DEVELOPMENT (C3) ZONE
The following provisions shall apply to the use of land, buildings and structures in the
Waterfront Development zone, subject to the general provisions set out in Section 5 of this
by- law and unless otherwise stated herein, where full municipal services are available.
6.6.1 PERMITTED USES
6.6.1.1 RESIDENTIAL USES
Dwelling units may be permitted provided that at least 40% of the gross floor area within
the building in which the dwelling units are located contains permitted non-residential uses.
6.6.1.2 NON-RESIDENTIAL USES
-
community centre
-
convenience store
-
business, professional or administrative offices
-
eating establishment, including take-out establishment
-
hotel
-
marina
-
marine facility
-
motel
-
public park
-
place of entertainment
-
retail commercial establishment
-
service shop
-
yacht club
-
all uses permitted in the Community Facility (CF) Zone
6.6.1.3 ACCESSORY USES
Uses, buildings and structures accessory to any of the permitted uses in accordance with
the provisions of this By-law.
6.6.2 REGULATIONS FOR NON-RESIDENTIAL USES EXCLUSIVE
MARINAS/MARINE FACILITIES
Maximum Lot Coverage
50%
Minimum Landscaped Open
Space
20%
Minimum Front Yard
4.5 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side Yard
6.0 m
Minimum Interior Side Yard
4.5 m*
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Maximum Building Height
11.0 m
Minimum Setback from Street
Centreline
13.0 m
County Road
10.0 m
Town Street
* where the rear or interior side lot line abuts a Residential zone, the minimum rear yard
depth shall be 7.5 metres
6.6.3 REGULATIONS FOR MARINAS AND MARINE FACILITIES
Minimum Lot Frontage
30.5 m
Minimum Front Yard
12.0 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side Yard
12.0 m
Minimum Interior Side Yard
6.0 m*
Minimum Setback from Street
Centreline
25.5 m
County Road
22.5 m
Town Street
All other lot regulations of Section 6.6.2 shall apply
* where the rear or interior side lot line abuts a Residential zone, the minimum rear yard
depth shall be 7.5 metres
6.6.4 BUFFER STRIP
Where the interior side or rear lot line of a lot with any of the uses listed in Section 6.6.1.2
abuts a Residential zone, an area adjoining such abutting lot line shall be used for no other
purpose than for a buffer strip in accordance with the requirements of Section 5.18 herein.
6.6.5 EXCEPTIONS
6.6.5.1 Waterfront Development Exception One (C3-1) Zone
Notwithstanding the provisions of Section 6.6 of this bylaw to the contrary, and provided
that all other provisions of this By-law are complied with, the following provisions shall apply
within the C3-1 and C3-f-1 zones:
-
in addition to those land uses permitted in the C3 zone, row dwellings, apartments,
a manufacturing or processing plant and warehouse are permitted,
-
the provisions of Section 6.3 of this By-law shall apply to any residential use. In
addition, the density of residential development shall not exceed 50 units/net
hectare,
-
open storage accessory to a permitted manufacturing or processing plant shall be
permitted provided the entire perimeter of the area to be used for open storage shall
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
74
be screened in such a manner as to provide a total visual barrier on a year-round
basis of the open storage area and all things within the open storage area; no goods,
wares, equipment or other things shall be stored in such a manner within the
screened open storage area so as to be visible from outside of the open storage
area and no open storage shall be permitted within 7.5 metres of any front, rear or
side lot line,
-
temporary or seasonal storage of boats shall be permitted provided that such
storage is accessory to a permitted use. For the purposes of this provision, "boats"
shall mean only pleasure boats that are fully constructed and operational and shall
not include derelict or wrecked boats or boats that are under construction.
6.6.5.2 Waterfront Development Exception Two (C3-2) Zone
Notwithstanding the provisions of Section 6.6., of this By-law to the contrary, and provided
all other provisions of this By-law are complied with, permitted uses within the C3-2-h and
C3-f-2-h Zone shall be limited to a hotel comprising a maximum of 40 units and restaurant
seating 100, a condominium apartment the maximum height of which shall be 21.3 metres
and comprising a maximum of 40 units together with minimum accessory parking for 130
vehicles, 40 of which may be incorporated within the condominium building.
Development may proceed once the "h" symbol has been removed by By-law. Removal of
the "h" symbol shall be permitted once a site plan and/or development agreement have
been entered into with the municipality that adequately provides for the servicing access,
parking, landscaping, siting of buildings and structures and such other matters as the
municipality may require. Notwithstanding the provisions of Section 6.2 of this bylaw to the
contrary, a triplex shall be permitted within the R2-1 zone with a minimum interior side yard
width of 6.07 metres and minimum lot frontage of 20 metres.
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Section 6: Zone Provisions
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6.7 GENERAL INDUSTRIAL (M1) ZONE
The following provisions shall apply to the use of land, buildings and structures in the
General Industrial (M1) zone, subject to the general provisions set out in Section 5 of this
By-law.
6.7.1 PERMITTED USES
-
Builder's supply outlet
-
bulk storage tanks
-
contractor's yard
-
equipment, including farm equipment, rental, sales and service
-
lumber yard
-
machine or welding shop
-
manufacturing, processing, fabricating or assembly plant
-
marine and/or snowmobile dealer
-
motor vehicle body shop
-
motor vehicle repair garage
-
open storage
-
printing and publishing establishment
-
public works depot
-
retail sales, in conjunction with and secondary to a permitted use
-
service shop
-
transport terminal or yard
-
warehouse
-
wholesale establishment
-
workshop
6.7.1.1 ACCESSORY USES
Uses, buildings and structures accessory to any of the permitted uses in accordance with
Section 5.1 of this By-law.
6.7.1.2 RETAIL SALES
A retail sales outlet shall be permitted for the purpose of selling goods manufactured,
stored and/or assembled on the premises, provided such outlet is part of the main building
and occupies a maximum of 5% of the gross floor area of the main building or 100 square
metres, whichever is the lesser.
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6.7.2 REGULATIONS FOR ALL USES IN THE M1 ZONE
Minimum Lot Area
2,500 m2
Minimum Landscaped
Open Space
5%
Maximum Lot Coverage
50%
Minimum Front Yard
10.0 m
Where the front yard abuts a street adjacent to a
Residential Zone or lands used for residential
purposes, the minimum interior side yard width
is 25.0 m.
Minimum Rear Yard
10.0 m
Where the interior side lot line abuts a
Residential Zone or lands used for residential
purposes, the minimum interior side yard width
is 25.0 m.
Minimum Exterior Side Yard
10.0 m
Where the exterior side yard abuts a street
adjacent to a Residential Zone or lands used for
residential purposes, the minimum interior side
yard width is 25.0 m.
Minimum Interior Side Yard
10.0 m
Where the interior side lot line abuts a
Residential Zone or lands used for residential
purposes, the minimum interior side yard width
is 25.0 m.
Maximum Building Height
11.0 m
Minimum Setback from Street
Centreline
22.5 m
County Road
19.5 m
Town Street
6.7.3 REGULATIONS FOR DETACHED ACCESSORY BUILDINGS
6.7.3.1 MINIMUM EXTERIOR SIDE YARD WIDTH:
5 metres
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
77
6.7.3.2 MINIMUM INTERIOR SIDE YARD WIDTH:
5 metres
6.7.3.3 MINIMUM REAR YARD DEPTH:
5 metres
6.7.4 SPECIAL PROVISIONS
6.7.4.1 PLANTING STRIPS OR SCREENS
Where the interior side or rear lot line of a lot within the M1 (Industrial) zone abuts a
Residential zone, an area adjoining such abutting lot line shall be used for no other purpose
than a planting strip in accordance with the requirements of Section 5.18 as set out in this
By-law.
6.7.4.2 OPEN STORAGE
The outside display and storage of goods and materials where such are accessory and
incidental to a permitted use is permitted in any yard provided such storage complies with
the yard and setback requirements for the Industrial (M1) zone, that such open storage,
does not cover more than 30% of the lot area and that any portion of a lot used for such
open storage is screened from adjacent uses and streets abutting the lot by buildings or
enclosed by shrub planting, a planting strip or within a closed wooden, plastic and/or metal
fence extending at least 1.8 metre in height from the ground. All fences except those
constructed of aluminum, shall be painted and kept painted from time to time in order to
maintain the wood or metal in good condition.
6.7.4.3 DRIVEWAYS
6.7.4.3.1 Maximum Width at Property Line:
9 metres
6.7.4.3.2 Minimum Separation Between Driveways:
30 metres
6.7.4.4 GATE HOUSE
A gate house is permitted in accordance with Section 5.1.6 as set forth in this By-law.
6.7.4.5 PROPERTY ABUTTING RAILWAY
Where a lot or portion thereof abuts a railway right-of-way the provisions of Section 5.1 as
set out in this By-law shall apply.
6.7.5 EXCEPTIONS
(RESERVED)
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Section 6: Zone Provisions
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6.8 WASTE DISPOSAL INDUSTRIAL (M2) ZONE
The following provisions shall apply to the use of land, buildings and structures in the Waste
Disposal Industrial (M2) zone, subject to the general provisions set out in Section 5 of this
by- law.
6.8.1 PERMITTED USES
-
salvage yard
-
waste disposal area
-
open storage associated with a permitted use herein.
6.8.2 ACCESSORY USES
Uses, buildings and structures accessory to any of the permitted uses in accordance with
Section 5.1 of this By-law.
6.8.3 REGULATIONS FOR ALL USES IN THE M2 ZONE
Maximum Lot Coverage
50%
Minimum Landscaped Open
Space
20%
Minimum Front Yard
45 m
Minimum Rear Yard
45 m
Minimum Exterior
Side Yard
45 m
Minimum Interior Side Yard
45 m
Maximum Building Height
11.0 m
Minimum Setback from
Street Centreline
58.5 m
County Road
55.5 m
Town Street
6.8.4 DRIVEWAYS
6.8.4.1 MAXIMUM WIDTH AT PROPERTY LINE:
9 metres
6.8.4.2 MINIMUM SEPARATION BETWEEN DRIVEWAYS:
30 metres
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Section 6: Zone Provisions
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6.8.5 SPECIAL PROVISIONS
6.8.5.1 CERTIFICATE OF APPROVAL
In the Waste Disposal Industrial (M2) zone, no use shall be established, altered, enlarged or
extended unless Environmental Compliance Approval (ECA) has been issued by the
Ministry of Environment, Conservation and Parks, or other applicable approval authority.
6.8.5.2 OPERATION
In the Waste Disposal Industrial (M2) zone, permitted uses shall be operated in accordance
with the regulations pursuant to the Environmental Protection Act.
6.8.5.3 LOCATION
In the Waste Disposal Industrial (M2) zone, no permitted use shall be located closer than
150 metres to a Residential zone.
6.8.5.4 PLANTING STRIP
Where a lot in a Waste Disposal Industrial (M2) zone abuts a Residential zone, the
requirements of Section 5.18 of this By-law shall apply. In addition, a minimum, width of 3
metres abutting all lot lines shall be maintained as landscaped area and shall provide visual
screening of open storage areas and disposal operations.
6.8.5.5 EXCEPTIONS
(RESERVED)
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Section 6: Zone Provisions
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6.9 COMMUNITY FACILITY (CF) ZONE
The following provisions shall apply to the use of land, buildings and structures in the
Community Facility (CF) zone, subject to the general provisions set out in Section 5 of this
by- law.
6.9.1 PERMITTED USES
6.9.1.1 RESIDENTIAL USES
-
special needs housing
-
single unit dwelling for the owner, manager or employee of the permitted non-
residential use
-
dwelling unit in part of a non-residential building secondary to the non-residential
use.
6.9.1.2 NON-RESIDENTIAL USES
-
active recreation
-
passive recreation
-
art gallery/museum
-
arena
-
assembly hall
-
cemetery
-
community centre
-
conservation area
-
day care/nursery centre
-
education facility
-
fairgrounds
-
firehall
-
government administration offices and service buildings
-
hospital
-
law enforcement establishment
-
library
-
place of worship
-
post office
-
private club or fraternal lodge
-
public park
-
public use
-
school
-
special needs housing
-
water supply plant
6.9.1.3 ACCESSORY USES
Uses, buildings and structures accessory to any of the permitted uses in accordance with
Section 5.1 of this By-law.
Town of Deseronto: Comprehensive Zoning By-law
Section 6: Zone Provisions
81
6.9.2 REGULATIONS FOR ALL USES IN THE CF ZONE
Minimum Lot Area
550 m2
For permitted Special Needs Housing, 133m² of lot
area per unit, or 60m² per bed, whichever is greater.
Minimum Lot Frontage
30.0 m
Minimum Landscaped
Planting Strip
1.5m where abutting a rear lot line or interior side
lot line of any property Zoned R1, R2 or R3.
Maximum Lot Coverage
50%
Minimum Landscaped Open
Space
20%
Minimum Front Yard
7.5 m
Minimum Rear Yard
7.5 m
Minimum Exterior Side Yard
7.5 m
Minimum Interior Side Yard
7.5 m
Maximum Building Height
11.0 m
6.9.3 PLANTING STRIPS
Where the interior side or rear lot line of a lot within the CF (Community Facility) zone abuts
a Residential zone, an area adjoining such abutting lot line shall be used for no other
purpose than a planting strip in accordance with the requirements of Section 5.18 as set
out in this by- law.
6.9.4 EXCEPTIONS
(RESERVED)
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Section 6: Zone Provisions
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6.10 HAZARD (H) ZONE
The "H (Hazard)" zone represents areas that may be susceptible to flooding or erosion, or
contain steep slopes or organic soils that exhibit a risk to life or property should
development occur.
The following provisions shall apply to the use of land, buildings and structures in the
Hazard (H) zone, subject to the general provisions set out in Section 5 of this By-law.
6.10.1 PERMITTED USES
-
conservation
-
existing uses, buildings or structures
-
flood, erosion, siltation control works and structures
-
park
-
public use
6.10.2 ACCESSORY USES
Uses, buildings and structures accessory to any of the permitted uses in accordance with
Section 5.1 of this By-law.
6.10.3 REGULATIONS FOR PERMITTED USES
The lot regulations of Section 6.9.2 of this By-law shall apply, where applicable.
Also, additions, alterations or any changes to the exterior square footage of existing
structures will be 1:100 year flood + 0.3 m. freeboard (GSC) for lowest openings. Accessory
structures or buildings will be subject to the same criteria.
Conservation Authority setbacks and Regulations will apply to all development (existing,
proposed and legal non-conforming uses) within the "H (Hazard)" zone.
All new development permitted within the "H (Hazard)" zone must be floodproofed such
that the lowest opening is equivalent to the 1:100-year flood +0.3 m. freeboard (GSC)
including all heating, electrical and mechanical servicing.
6.10.4 CALCULATION OF ZONE PROVISIONS
No part of a Hazard (H) zone shall be used to calculate any of the zone provisions as may
be required by this By-law for uses in adjacent zones.
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Section 6: Zone Provisions
83
6.11 FUTURE DEVELOPMENT (FD) ZONE
The following provisions shall apply to the use of land, buildings and structures in the Future
Development (FD) Zone, subject to the general provisions set out in Section 5 of this By-
law.
6.11.1 PERMITED USES
6.11.1.1 RESIDENTIAL USES
-
Existing residential uses
6.11.1.2 NON-RESIDENTIAL USES
-
Existing non-residential uses
6.11.1.3 ACCESSORY USES
-
Uses, buildings and structures accessory to any of the permitted uses in
accordance with Section 5.1 of this By-law.
6.11.2 REGULATIONS FOR RESIDENTIAL USES
6.11.2.1 MINIMUM LOT AREA
Existing as of the date of passing of this By-law.
6.11.2.2 MINIMUM LOT FRONTAGE
Existing as of the date of passing of this By-law.