By-law No. 2021-60 - Comprehensive Zoning By-law

East Ferris, Ontario · adopted 2022-01-11

This is the exact embedded text of the captured official document. Snapshot e43ee051fa07 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1 Municipality of East Ferris Zoning By-Law 2021-60 ADOPTED BY COUNCIL January 11, 2022 First and Second Reading: December 14, 2021 2 Whereas Section 34 of the Planning Act, R.S.O. 1990, c. P.13 provides that the councils of local municipalities may pass by-laws to regulate the use of land and the erecting, location and use of buildings and structures; And Whereas a new Official Plan for The Corporation of the Municipality of East Ferris came into effect on April 25th, 2016; And Whereas the Council of The Corporation of the Municipality of East Ferris wishes to implement the objectives and policies of the new Official Plan; And Whereas the Council of The Corporation of the Municipality of East Ferris has ensured that a Public Open House was hosted in accordance with Planning Act regulations on October 27, 2021; And Whereas the Council of The Corporation of the Municipality of East Ferris has ensured that adequate information has been made available to the public, and has held at least one public meeting on November 3, 2021 after due notice for the purpose of informing the public of this By-law; And Whereas it is deemed desirable to adopt a new Comprehensive Zoning By-law for the Municipality of East Ferris pursuant to Section 34 of the Planning Act R.S.O. 1990, as amended; And Whereas the Council of The Corporation of the Municipality of East Ferris approved of the resolution 2021-41 from the East Ferris Planning Advisory Committee on December 7, 2021 and approved the new Comprehensive Zoning By-law at the regular meeting of Council by Council on December 7, 2021 by Resolution number 2021-363 to approve Zoning By-law 2021-60 as the new Comprehensive Zoning By-law for the Municipality of East Ferris; READ A FIRST TIME AND SECOND TIME this 14th day of December, 2021. READ A THIRD TIME AND FINALLY PASSED this 11th day of January, 2022. Original Signed Original Signed __________________________ __________________________ Mayor Clerk Pauline Rochefort Monica L. Hawkins Now therefore the Council of The Corporation of the Municipality of East Ferris hereby enacts as follows: 3 Table of Contents Section 1: Interpretation and Administration 4 Section 2: Definition of Terms 9 Section 3: General Provisions 22 Section 4: Parking and Loading Provisions 44 Section 5: Rural and Residential Zones 49 Section 6: Commercial Zones 56 Section 7: Institutional Zone 60 Section 8: Industrial Zones 63 Section 9: Parks and Open Space Zones 67 Section 10: Special Zones 70 4 Section 1 - Interpretation and Administration 1.1 Title This By-law may be referred to as "The Zoning By-Law for the Municipality of East Ferris", or "East Ferris Zoning By-law" for short. 1.2 Defined Area This By-law applies to all land and waters within the boundaries of the Municipality of East Ferris. 1.3 Administration This By-law shall be administered by the Manager of Planning and Economic Development, Chief Building Official, and any other persons as Council may designate from time to time. 1.4 Interpretation 1.4.1 The definitions and interpretations given in this By-law shall govern. 1.4.2 In this By-law, unless the context otherwise requires, the expression "use" or "to use" includes anything done or permitted by the owner or occupant of the land, building, or structure, directly or indirectly, or by or through any trustee, tenant, servant or agent of the owner or occupant for the purpose of making use of the land, building or structure. 1.4.3 Words in the singular include the plural, and words in the plural include singular. Gender-specific terms include both sexes and include corporations. 1.5 Compliance with Zoning By-law No person shall use any land, erect, place or alter, expand or use any building within the territorial limits of the Municipality of East Ferris, except in full conformity with all of the provisions of this by-law. 1.6 Uses Not Explicitly Permitted are Prohibited Any use of land not explicitly permitted by this by-law shall be prohibited. 5 1.7 Licenses and Building Permits No permit for the use of land or for the erection or use of any building or structure or approval of any application for any Municipal Licence shall be issued or given, where the proposed building, structure or use would violate any provision of this By-law. 1.8 Buildings to be Moved No building shall be moved within the limits of the municipality, except in conformity with this By-law, and the Building By-law of the Municipality of East Ferris. 1.9 Determining Zone Boundaries When determining the boundary of any Zone as shown on Schedule A, forming part of this By-law, the following provisions shall apply: 1.9.1 A boundary indicated as following a highway, street or lane shall be the centre line of such highway, street or lane; 1.9.2 A boundary indicated as following a watercourse, creek, stream or the right-of-way of a railway or an electrical, gas or oil transmission line shall be the centre line of such watercourse, creek, stream, or right of way; 1.9.3 A boundary indicated as following a shoreline shall follow such shoreline, and in the event of a change in shoreline, the boundary shall be construed as moving with the actual shoreline. 1.9.4 A boundary indicated as approximately following lot lines shown on a registered plan of subdivision or Municipality lot lines shall follow such lot lines; 1.9.5 Where a boundary is indicated as approximately parallel to a street line or other feature indicated in clauses 1.9.1, 1.9.2 or 1.9.3 of this sub-section, and the distance from such street line or other feature is not indicated, and clause 1.9.4 is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance therefrom shall be determined according to the scale shown on the appropriate Schedule; 1.9.6 A boundary indicated as following the limits of the Municipality shall follow such limits. 6 1.10 Zoning Schedules Schedule A, A1, A2, A3, A4, and A5 attached hereto, together with notations and references are hereby declared to form part of this By-law. In addition, any site plan added as Schedule XX to this By-law by amendment shall be declared to form a part of this By-law. 1.11 Offences and Penalty Any person who contravenes any provision of this By-law and, if the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable: 1.11.1 On a first conviction to a fine of not more than $25,000; and 1.11.1 On a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. 1.11.2 Where the person convicted of a contravention of this By-law is a corporation, the corporation is liable: 1.11.3 On a first conviction to a fine of not more than $50,000; and 1.11.4 On a subsequent conviction to a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. 1.11.5 Where a conviction for a breach of any of the provisions of this by- law has been entered, in addition to any other remedy or penalty provided by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 1.12 Repeal of Former By-laws All Zoning By-laws for the Corporation of the Municipality of East Ferris and amendments to these By-laws are repealed. 1.13 Effective Date of By-law The effective date of this By-law is the date the By-law was passed by the Council of the Corporation of the Municipality of East Ferris. 7 1.14 Severability Provision If any provision of this By-law is for any reason held to be invalid by a decision of a court, all remaining provisions shall be valid and shall remain in full force and effect. 1.15 Technical Changes Revisions may be made to this By-law without the need for a Zoning By- Law amendment in the following cases; 1.15.1 Corrections of spelling, grammar, punctuation or typographical errors or revisions to format in a manner that does not change the intent of a provision. 1.15.2 Adding or revising technical information on maps or schedules that does not change zone boundaries or affect the zoning of lands including, but not limited to, matters such as updating and correcting infrastructure information, keys, labels, legends, or title blocks. 1.15.3 Changes to appendices, footnotes, headings, indices, tables of contents, illustrations, historical or reference information, page numbering, which do not form a part of this By-law and are editorially inserted for convenience of reference only. 1.16 Closings In the event a dedicated street or lane shown on a Schedule forming part of this By-law is closed, the property formerly in such street or land shall be included within the Zone of the adjoining property on either side of such closed street or lane. If a closed street or lane is the boundary between 2 or more different Zones, the new Zone boundaries shall be the former centre line of the closed street or lane. 1.17 Establishment of Zones For the purposes of this By-law, the Municipality of East Ferris is divided into the following land use zones with the following symbols: Zone Symbol Rural R Estate Residential RE Lakefront Residential RL Hamlet Residential RH 8 Urban Residential RU Mobile Home Park RMH General Commercial C1 Service Commercial C2 Resort Commercial C3 Institutional I Light Industrial M1 General Industrial M2 Heavy Industrial M3 Recreational O1 Conservation O2 9 Section 2 - Definitions Abutting: To have a common lot line in any yard with an adjacent street, property, waterway, or any other feature. Accessory Building or Structure: A building or structure, which is normally incidental or subordinate and located on the same lot as the primary use. Accessory Use: Shall mean a use that is normally incidental or subordinate to a primary use located on the same lot. Animal Hospital: A building where one or more licensed veterinarians or staff provide medical or surgical care, grooming or boarding services on site for household pets, but strictly does not include a Kennel. Art Gallery: Shall mean a place where paintings, sketches, sculptures, or installations of handmade goods are stored and placed on display for public viewing. Auto Body Shop: A building or place used as a motor vehicle repair shop, including auto body repairs and spray painting. Automobile fuels or lubricants may be stored or kept for sale and is where mechanical repairs or the washing or cleaning of motor vehicles may be carried out, but does not include a carwash. Automobile Sales and Leasing Establishment: An area comprised of land or a building, or both, for the purpose of displaying new and/or used vehicles for sale; but does not include an automobile wrecking yard, or salvage yard. Automobile Service Station: A commercially operating business used for the mechanical repair of motor vehicles, and/or where motor vehicle products are kept for sale, such as tires, oils, batteries, fuels, or lubricants. Barn: Shall mean a building located on a farm, used for the housing or livestock, agricultural products, machinery, feed, and materials associated with an agricultural use. A barn may be considered a main building when associated with an agricultural use. Basement: Shall mean one or more storeys located below the first storey. Bed and Breakfast Establishment: A home occupation in a detached dwelling where the proprietor resides, and overnight accommodations are provided to guests on a temporary basis for monetary gain. This does not include a hotel, restaurant, group home, or any other form of dwelling unit as defined by this By-law. 10 Boathouse: Shall mean a detached, single storey accessory building that may project over the water in which one or more boats and accessory marine equipment are stored, kept, or repaired. Building: Any structure, whether temporary or permanent, consisting of walls or flooring, and a roof. Building Line: A line parallel to the front lot line, drawn starting at the closest point of the main structure to the front lot line. Building, Main: A building in which the principal use on the lot is carried out. Bunkie: A structure which is used for sleeping accommodations and may or may not include washroom facilities, that is not considered to be a dwelling unit. An example of a bunkie is a structure sometimes found on recreational properties that provide temporary sleeping accommodations. Camp: Shall mean one or more buildings used for sleeping accommodation, the preparation and servicing of food, and/or sports or recreation facilities, and intended for recreation purposes on a temporary or seasonal basis. A camp may also include a restaurant. Campground: A commercial operation used and maintained for campers, providing short term accommodation for tents, trailers, motor homes, cabins, or recreational vehicles. A campground may also include a convenience store. Carport: A building or structure attached to the main building that is open and unobstructed by any wall, door, or post on at least one side that is used for the temporary parking or storage of private passenger motor vehicles or commercial vehicles. For the purpose of this By-law, the perimeter includes the main wall of the building to which the carport is attached. Carwash: A commercially operating business which involves either automated or manual facilities, and/or detailing services, used for washing or cleaning of vehicles, but does not include an automobile service station. Cemetery: Land that is used for the internment of human remains, in accordance with the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, C. 33, or any successor to this Act. This land may also include accessory uses such as a mausoleum, crematorium, or columbarium. Club or Recreational Facility: A building or part thereof used for social, cultural, athletic, or recreational purposes. 11 Coach House: Shall mean a separate, permanent, self-contained second dwelling unit that is separate, subordinate in size and accessory to the principal dwelling unit. The unit may be a free standing structure attached to, or above a detached garage or other accessory structure. Community Centre: A building, structure, or part thereof, or any part of the lot used for community activities whether used for commercial purposes or not. A Community Centre will generally be a public, municipally owned building. Convenience Store: A commercially operating establishment serving the daily or occasional needs of the residents by supplying household necessities and groceries to the surrounding area. Corporation: Shall refer to the Corporation of the Municipality of East Ferris. Council: Shall refer to the Council of the Corporation of the Municipality of East Ferris. Day Care: A building, structure, or part thereof, with or without an outdoor play area, used primarily for providing temporary care for children, seniors, or people with disabilities. The period of care should not exceed 12 consecutive hours. Daylight Triangle: Means the portion of a corner lot to be kept free of buildings or structures to ensure that adequate sight lines are maintained between streets adjacent to a corner lot. Deck: A structure without a roof, having a foundation to hold it erect, and attached to or abutting one or more walls of a building, or constructed separate from a building, with or without direct access to the ground, the floor of which is equal to or greater than 0.61 m above established grade. Dwelling: A building which is used, or capable of being used for residential occupancy by one or more persons. A dwelling does not include recreational vehicles, tent trailers, hotels, group homes, retirement homes, or other institutional uses. Dwelling, Multiple Residential: A building, or part thereof, which contains 3 or more separate dwelling units on the same lot, with either independent entrances, or entrances through a common vestibule. Dwelling, Semi-Detached: A building with 2 attached dwelling units, vertically divided, and located on their own separate lots. Each dwelling unit shall front onto a street. Dwelling, Single Detached: A building comprised of one dwelling unit. 12 Dwelling, Townhouse: A building of 3 or more dwelling units divided vertically and separated by a common wall extended from the base of the foundation to the roof line, with each unit having an independent entrance at established grade. Dwelling Unit: Shall mean a room or group of rooms in a building to be used as living quarters as a self-contained unit. A dwelling unit is subject to the following; a) In which food preparation and sanitary facilities are provided for the exclusive use of the inhabitant of the dwelling unit, and b) Which has a private entrance from outside the building or from a common hallway or stairway inside the building, but c) Does not mean or include a tent, or room, or suite of rooms in a boarding or rooming house, in a hotel, or tourist trailer. Erect: Shall mean to construct, reconstruct, alter, build, and/or relocate and, without limiting the generality of the foregoing, includes any associated physical operations. This also includes structurally altering any existing building or structure. Established Grade: Means with reference to a building or structure, the average elevation of the finished surface of the ground immediately surrounding the building or structure. With reference to a street, road, or highway, means the elevation of the street, road, or highway established by the Municipality or other authority. Existing: Shall mean legally existing as of the date of the passing of this By-law. Farm and Agricultural Use: Shall mean buildings or land used for the growing of crops, the keeping of livestock, or the harvesting or collection of goods for commercial purposes. A farm may include accessory uses such as a dwelling unit, accessory buildings, and a retail store. Floodplain: Flood plain: for river, stream and small inland lake systems, means the area, usually low lands adjoining a watercourse, which has been or may be subject to flooding hazards. Floor Area, Gross: The sum of all floor areas that are above grade. In the case of a dwelling, it shall exclude any porches, decks, or private garage. Floor Area, Non-Residential: Shall mean the total floor area of a non-residential building above or below established grade that is dedicated to the use of the building excluding: washrooms, stairwells, elevators, mechanical rooms, or other similar spaces. 13 Forestry Operation: Shall mean the general raising, management and harvesting of wood and shall include the raising and cutting of fuel wood, pulpwood, lumber, Christmas trees, other forestry products and silviculture practices for sale and distribution. Freight Container: Shall mean a metal box such as is generally associated with the overseas shipping industry, when used in a manner similar to an accessory structure. Garage, Attached: A building, structure, or part thereof including a carport, that is attached to the primary dwelling used for the parking of motor vehicles, and while having direct access to the driveway. Garage, Detached: A building, structure, or part thereof used for the parking of motor vehicles while having direct access to the driveway. However, it does not share a common wall with the main dwelling. Garage, Temporary: A temporary prefabricated shelter usually constructed with a metal, wood, or plastic frame and covered with a tarpaulin or other similar type of fabric or plastic cover, which is designed or used for the storage of vehicles or other equipment accessory to a residential use only. Gas Station: Means the use of land, buildings, or structures where fuel for vehicles is dispensed and may include accessory uses such as a carwash or convenience store. This does not include an automobile service station or an auto body shop. Group Home: Shall mean a supportive housing facility where persons live as a unit under responsible supervision consistent with the requirements of its occupants, which must be licenced or approved by the Province of Ontario, but excludes a facility that provides rehabilitation of offenders. Height: With reference to a building, the vertical distance measured from the established grade at the building to: a) The highest point of the roof surface or the parapet, whichever is the greater, of a flat roof. b) The deckline of a mansard roof. c) The midpoint between eaves and ridge of a gabled, hip, gambrel, or other type of sloped roof. d) In any other case not previously defined, height shall mean the highest point of the building or structure. 14 High Water Mark: The average annual high water elevation for lakes, rivers, or other water bodies. Hobby Farm: Land on which an accessory barn, stable, or animal shelter may be erected to house domestic animals kept for recreational purposes. Home Industry: An occupation carried out within a dwelling or an accessory building or structure by the person(s) whose principle residence is on the same lot and may include a limited number of non-resident employees. The home industry use shall be clearly secondary to the main residential use, and subject to the provisions of this By- law. Some examples of a Home Industry would include: home craft businesses (woodworking, small scale assembly), and repair services (small appliances, computers). Home Occupation: An occupation or business that is carried out entirely by the occupant of a dwelling within their dwelling as an accessory use. This will exclude any retail commercial types of businesses, or any manufacturing and industrial uses. Some examples of a Home Occupation would include: Professional and Consulting Services (accountants, real estate agents, legal services, massage therapy), and Instructional Services (academic or artistic tutoring, counselling, social work). Hospital: Shall mean an institution as defined by the Public Hospitals Act of Ontario as amended from time to time. Hotel: A building, or combination of buildings used for the purposes of catering to the needs of the travelling public. This establishment provides a furnished sleeping accommodation, and may include accessory uses such as a restaurant, convenience store, or other related accessory retail uses. Kennel: An establishment that is operated as a commercial boarding or breeding facility for domesticated animals for commercial purposes, but shall not apply to the keeping of animals in a veterinary establishment for the purpose of observation and/or recovers necessary to veterinary treatment. Landscaped Open Space: Any combination or ornamental shrubs, flowers, trees, or other horticultural elements, together with decorative stonework, paving, or screening, all of which may be used to enhance the visual aesthetics of an area. This space may also be occupied by pathways, walkways, courtyards or patios. Lane: A private or public right-of-way that affords a secondary access to abutting lots, and is not generally intended for the circulation of traffic, with the exception of some local traffic. 15 Legal Non-Complying: A use which was legally established on or before the date that this By-law came into effect, which does not comply with the regulations or provisions of the By-law as of the date this By-law took effect, so long as it continues to be used for that purpose. Legal Non-Conforming: A use which was legally established on or before the date that this By-law came into effect, which is not a permitted use in the zone in which the use is situated for the purposes of this By-law, so long as it continues to be used for that purpose. Loading Space: Shall refer to an area of an off-street lot used temporarily for the parking of a commercial vehicle while loading or unloading goods, merchandise, and materials. This vehicle must not block any street or laneway. Lot: Shall refer to a parcel of land that is registered at the Land Registry Office. Lot Area: The combined horizontal area within the lot lines of a lot. Lot, Corner: Shall refer to a lot situated at an intersection of, and abutting 2 or more public or private streets, provided that the angle of intersection of such streets is not more than 135 degrees. Lot Coverage: The percentage of the lot covered by all buildings or structures, above grade, and including decks above 0.61 m in height. For lots having multiple zoning classifications, the lot coverage shall be deemed to apply to only the portion of the lot which is located within each zone. Lot Depth: Shall mean the horizontal distance between the front and rear lot lines. When these lot lines are not parallel, the lot depth shall be the length of a line joining the midpoints of the front and rear lot lines. Lot Frontage: Shall mean the distance measured in a straight line between the points where the side lot lines are intersected by the front lot line. Lot, Interior: Shall refer to a lot situated between adjacent lots, and having access to 1 street. Lot Line: Shall mean any boundary of a lot. Lot line, Exterior Side: Shall mean the lot line other than the front or rear lot lines that abut a street on a corner lot. Lot line, Front: Shall mean the lot line that divides the lot from the street, but: 16 a) In the case of a corner lot with 2 street lines of equal length, the lot line that abuts the wider street, or abuts a Regional or Provincial Road or Highway shall be deemed to be the front lot line. In the case of both streets being under the same jurisdiction, and of the same width, the Municipality may designate either street line as the front lot line. b) In the case of a corner lot abutting a 0.3 m reserve, the lot so abutting the 0.3 m reserve shall be deemed an exterior side lot line, and the other line abutting the street shall be deemed the front lot line. c) In the case of a through lot, the longer boundary dividing the lot from the street shall be deemed to be the front lot line and the opposite shorter boundary shall be deemed to be the rear lot line. In the case that both lot lines should be of equal length, the Municipality may designate either street line as the front lot line. d) In the case of a lot with water frontage on a navigable lake, the front lot line shall be either the line of the established high water mark of such lake, or the inner limit of the original road allowance along the shore. Lot line, Interior Side: Shall mean the lot line other than the front, rear, or exterior side lot line. Lot Line, Rear: Shall mean the lot line opposite to the front lot line. Lot, Through: Shall mean a lot bounded on 2 opposite sides by streets. Main Building: The building that is used as the principal use on the lot, and includes any attached use, such as a garage or carport. Manufacturing, Heavy: Shall mean an industrial or manufacturing use which operations do not involve the emission of air or water pollutants that exceed emission standards. A heavy manufacturing use is generally incompatible with other land uses, and may consist of refineries, plants, or mills. A heavy manufacturing use does not include a pit or quarry. Manufacturing, Light: Shall mean a general industrial or manufacturing use which operations do not involve the emission of air or water pollutants that exceed emission standards. A light manufacturing use may consist of general assembling, processing, or warehousing of goods and substances such as food and beverages, textiles, wood products, or other similar uses. 17 Marina: A commercial establishment where a boat house, boat storage, boat repair facilities, boat rental, pier, dock, or any combination of the foregoing are available for commercial use. Additionally, a marina may include a gasoline pump strictly for the use of fuelling marine craft, and a building or structure used for the sale of marine craft, accessories, and/or refreshments. Medical Office: A building, structure, or part thereof, other than a hospital, used for the treatment of patients by a doctor, dentist, or other similar healthcare practitioner, along with associated support staff. This may include accessory uses such as a pharmacy, or related retail uses. For the purpose of home occupation uses, individual massage therapists, counsellors, social workers, or other non traditional medical providers without any associated staff shall not be considered a medical office. Mobile Home: A dwelling unit designed to be made mobile, and constructed to provide a permanent use for one or more persons. A mobile home by definition does not include recreational vehicles such as a travel trailer, tent trailer, or trailer otherwise designed. Mobile Home Park: An area for the use of mobile homes that are used for permanent residences, while including all accessory buildings necessary to the operation of the park. Municipality: Shall refer to the Corporation of the Municipality of East Ferris. Municipal or Public Authority Facility: shall mean a facility operated by the Municipality of East Ferris or another Public Authority and may include uses such as parks, playgrounds, recreational facilities, or administrative facilities. Museum: Shall mean a place where public archives, artifacts or pieces of historic or cultural significance are stored and placed on display for public viewing. Obnoxious Use: Shall mean an offensive use or trade, or any use which is a nuisance by reason of emission, or the creation of odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot, wastes, or the depositing or leaving of unsightly objects on land. Office: A building or part thereof used for the practice of professional services and general business administration. Examples may include, but are not limited to, lawyers' offices, real estate offices, or corporate administrative offices. This shall not include the manufacturing of any product, or general retail store. Outdoor Storage: The large-scale storage of equipment and materials associated with a business operation outside of a building. This includes things such as building materials, heavy equipment and machinery, and aggregate materials. 18 Parking Area: Shall mean an area of land which is provided for the parking of motor vehicles, is maintained on the same lot on with the principal use is located, and includes all entrances, exits, and drive aisles. Parking Space: The portion of a parking area exclusive of drive aisles which is used for the parking of 1 motor vehicle. A parking space may also be located inside a garage. Person: Shall mean any individual, association, firm, partnership, Municipal Corporation, trust, incorporated company, corporation created under the Condominium Act, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the provisions and regulations of this By-law can apply according to law. Personal Service Establishment: Shall mean a building, structure, or part thereof where services are provided and administered to individual and personal needs. A Personal Service Establishment is also where the retail sale of goods accessory to the service provided is permitted and may include hair care, health and beauty treatment, a laundromat, dry cleaning establishment, or other similar services. Pharmacy: A building, or part thereof, where medical prescriptions are filled, and the facility is used for the sale of medications, medical devices and supplies, non- prescription medicines, and associated non-medical products. Pit or Quarry: Shall mean the opening or excavation of the ground for the purpose of the removal of minerals, stones, or other material that are to be used for construction, or manufacturing processes. Place of Religious Assembly: A building, structure, or part thereof that is used as a place of public worship. Public Authority: Shall mean either the Municipality of East Ferris, Province of Ontario, Government of Canada, or any Ministry, Department, Agency, or Authority as established by the previous. Recreational Vehicle Sales and Leasing Establishment: Shall mean a commercially established location that is comprised of land, a building, or both, the purpose of which is for the display or sale, or both, or new and/or used recreational vehicles. Restaurant: Shall mean a building, structure, or part thereof, where food is prepared and offered for sale to the public for consumption within the building or structure, or off premises. The establishment may be licensed for the sale of alcoholic beverages. 19 Retail Store: Shall mean a building or part thereof in which goods, wares, merchandise, substances, articles, or items are offered or kept for sale directly to the public, but does not include any manufacturing, processing, or construction uses. Retirement Home: A premises maintained and operated for persons requiring care and includes lodging with meals, provides nursing, medical, or similar care and treatment, but shall not include a hospital. A retirement home may include accessory uses such as a convenience store or personal service establishment. Salvage Yard: A lot and/or buildings used for the storage and handling of scrap metal and materials. School: Shall mean a public or private school, a technical school, a college or university, or any other school established and maintained under provincial legislation. Second Unit: A separate and permanent self-contained unit located in the same building or on the same lot as the principal dwelling. The creation of the second unit does not result in the creation of a semi-detached or other defined style of dwelling, for the purpose of this by-law. Self-Storage Use: Shall mean a facility where space is leased for storage purposes. Setback: The minimum distance between any lot line and the nearest main wall of any building or structure and extending the full width of the lot. Short Term Rental: Shall mean the use of a building or part of a building for overnight guest lodging for a period of not more than 28 days in exchange for payment or service. Solar Farm: A device, or combination of devices used in the collection of direct solar radiation for the purpose of generating electricity or converting into usable forms of energy. This does not include the use of solar panels for personal use on a dwelling. Storey: Shall mean the portion of a building between any floor and the floor, ceiling, or roof next above, provided that any portion of a building partly below grade shall not be deemed a storey unless its ceiling is at least 1.8 m above average grade. Storey, Half: Shall mean the portion of a building located whole or partly within a sloping roof having a floor area of not less than 1/3 or more than the 2/3 of the floor area of the storey next below, sidewalls not less than 1.2 m in height and a ceiling with a minimum height of 2.5 m over an area equal to at least 50% of its floor area. Street: A public way including a lane, or private right-of-way used for vehicles or pedestrian traffic. This may also include designs for curbs, sidewalks, or other similar features. 20 Street line: Shall mean the boundary line of a street, being the dividing line between a lot and street. Structure: Shall mean anything that is erected, built or constructed of parts that are joined together, or supported by the soil and/or another structure. For the purposes of this By-law, a fence not exceeding 1.8 m shall not be deemed to be a structure. Swimming Pool: An artificial body of water having a depth greater than 0.6 m and intended primarily for bathing, swimming and diving, but shall not include a natural, dug, or dammed pond primarily intended for aesthetic or agricultural purposes. Tourist or Travel Trailer: Shall mean a tent trailer, truck camper, or house trailer that is used or intended to be used for a short term, and is located or parked for a temporary or seasonal period. Tourist Trailer Park: An establishment comprising land or other premises under a single ownership, used for the parking of tourist or travel trailers on a temporary or seasonal basis, and where community laundry, social, local commercial, and recreational facilities may be located as accessory uses. Use: Shall mean the purpose for which any land, building, structure, or part thereof is arranged, designed, used, or intended to be used. Vegetative Buffer: A defined area on a lot along a shoreline or otherwise that is kept vegetated in its natural state or repopulated with natural vegetation if the natural state has been disturbed. Watercourse: Shall mean a natural channel for a stream and, for the purpose of this By-law, includes a natural channel for an intermittent stream and all watercourses. Wind Farm: A device or combination of devices designed to extract kinetic energy from the wind and supply it in the form of electrical energy. Yard: An open, uncovered space on a lot that is unoccupied by buildings or structures except as specifically permitted elsewhere in this By-law, and is located between the main wall of the main building, and one of the lot lines of the lot. Yard, Exterior: Shall mean the yard of a corner lot, which side yard extends from the front yard to the rear yard between the side lot line that abuts a street, and the nearest main wall of any main building or structure. Yard, Front: Shall mean a yard extending across the full width of a lot between the front lot line and the nearest wall of any main building or structure on the lot. The minimum front yard setback means the minimum depth of a front yard on a lot 21 between the front lot line and the nearest main wall of any main building or structure on the lot. On lakefront lots the front yard refers to the yard adjacent to the lake. Yard, Rear: Shall mean a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot. The minimum rear yard setback means the minimum depth of a rear yard on a lot between the rear lot line and the nearest main wall of any main building or structure on the lot. Yard, Side: Shall mean a yard extending from the front yard to the rear yard of a lot between a side lot line and the nearest wall of any building or structure on a lot. The minimum side yard setback means the minimum width of a side yard on a lot between a side lot line and the nearest main wall of any main building or structure on the lot. 22 Section 3 - General Provisions Provision Name Section Application of By-Law 3.1 Accessory Uses 3.2 Automobile Service Stations and Gas Stations 3.3 Bed and Breakfast Establishments 3.4 Building Repair and Reconstruction 3.5 Buildings to be Moved 3.6 Change of Use 3.7 Continuation of Farming Use 3.8 Corner Lots in Residential Zones 3.9 Daylight Triangles 3.10 Dwelling Unit below Grade 3.11 Dwelling Unit in Non-Residential Building or Lot 3.12 Dwelling Units Per Lot 3.13 Farming and Hobby Farms 3.14 Frontage on a Public or Private Street, or Navigable Lake 3.15 Greater Restrictions 3.16 Height Exceptions 3.17 Home Industries and Home Occupations 3.18 Kennels 3.19 Land Suitability for Use 3.20 Legal Non-Conforming & Legal Non-Complying Uses and Standards 3.21 Licenses, Permits, and Other By-Laws 3.22 Mobile Home Parks 3.23 Outdoor Storage 3.24 Pits and Quarries 3.25 Planting Strips 3.26 Railway Crossings, Sight Distance, and Setbacks 3.27 Seasonal Residence Conversions 3.28 Secondary Dwelling Units and Coach Houses 3.29 Signs 3.30 Swimming Pools 3.31 Temporary Buildings and Structures 3.32 Through Lot 3.33 Recreational Vehicle Temporary Use 3.34 Uses Prohibited 3.35 Uses Restricted 3.36 Vacant Lot - Storage 3.37 Wind Farms 3.38 Yard Exception, Terrain Unsuitability 3.39 Yard and Setback Encroachments Permitted 3.40 Forced Roads 3.41 23 Setback for Septic Systems 3.42 Setbacks from Waterbodies and Wetlands 3.43 Existing Lots Having Less Lot Area or Lot Frontage Than Required 3.44 For the purpose of this By-law, the following Zones are established. Zone Symbol Rural R Estate Residential RE Lakefront Residential RL Hamlet Residential RH Urban Residential RU Mobile Home Park RMH General Commercial C1 Service Commercial C2 Resort Commercial C3 Institutional I Light Industrial M1 General Industrial M2 Heavy Industrial M3 Recreational O1 Conservation O2 No person shall use land or erect a building or structure except in accordance with the general zone provisions and special zone provisions of this By-law applying to the zone in which the land, building or structure is, or is to be situated. 3.1 Application of By-Law The provisions of this By-law apply to all lands, including islands, located within the Municipality of East Ferris. No building, structure, or part thereof shall hereafter be erected or altered, and the use of any building, structure, or lot, shall hereafter not be changed in whole or in part except in conformity with the provisions of this By-law. 3.2 Accessory Uses 3.2.1 Where this By-law permits the use of land, buildings, or structures for a specific use, such use shall include any buildings, structures or part thereof, or uses accessory to the 24 permitted use, all of which are subject to the provisions of this By- law for the particular zone in which they are located. 3.2.2 An accessory building or structure shall not be erected on a lot until the main building has been erected, with the exception of: 3.2.2.1 A temporary construction use where it is necessary for storage of tools and materials in connection with the construction of such dwelling. 3.2.2.2 In all zones, a detached garage may be erected prior to the construction of the main building to serve the same purpose as outlined in Section 3.2.2.1. Plans for the main building must be submitted with the plans for the detached garage. 3.2.3 A Rural (R) Zone accessory structure may be permitted in the front yard, provided that the front yard setback requirement and all other applicable sections of this By-Law are met for the main building. 3.2.4 Notwithstanding subsection 3.2.3 above, a boathouse, dock, wharf, gazebo, shed, or similar accessory structure excluding a garage may be located in the front yard of a lot in a Lakefront Residential (RL) Zone, where lot abuts a navigable lake, subject to the following provisions: 3.2.4.1 Shoreline accessory structures shall be limited to one storey only. 3.2.4.2 Shoreline accessory structures shall not have rooftop decks or patios and boathouses shall have a sloped roof between with a grade between 15% and 35%. 3.2.4.3 Sanitary facilities within boathouses are prohibited. 3.2.4.4 There shall be no habitable space or dwelling unit(s) permitted within a boathouse. 3.2.4.5 Only one boathouse shall be permitted on a property. 3.2.4.6 Any boathouse or dock shall be located on the property to which it services. For structures that extend into water, the property boundaries shall be 25 drawn from the ends of the present lot lines, perpendicular to the shore. 3.2.4.7 A sauna shall not exceed 10 m2 (107.6 sq. ft.) in floor area. 3.2.4.8 A dock shall only be installed in compliance with the following regulations: Maximum Length: 15 m Side Yard Setback: 3m Maximum Width: 5 m 3.2.4.9 A boathouse may only be installed in compliance with the following regulations: Maximum Width: 8 m Minimum Side Yard Setback: 4.5 m Minimum Lot Frontage: 30 m Maximum Ground Floor Area: 45 m2 Maximum Height: 4 m 3.2.4.10 A bunkie shall not be permitted in the Lakefront Residential (RL) Zone. 3.2.5 When accessory to a residential use across any zone, no accessory building shall exceed 6 m in height, nor be built within 2 m of the main building. 3.2.6 The use of any accessory building or structure for human habitation is not permitted, except as expressly permitted elsewhere in this By-Law. The use of any accessory building for the keeping of animals, other than domestic pets or animals in conjunction with a permitted hobby farm, is not permitted in any Residential Zone. 26 3.2.7 No accessory building, accessory to a residential use, shall exceed the following in any Rural or Residential Zone: Property Size in ha. (ac.) Maximum Accessory Building Size (sq. ft.) 0 - 0.6 (0 - 1.49) 89.2 m2 (960 sq. ft.) 0.61 - 4.0 (1.5 - 9.9) 111.5 m2 (1200 sq. ft.) 4.01+ (10 +) 148.6 m2 (1600 sq. ft.) 3.2.8 The locating of transport trailers, freight containers, or similar, as an accessory use for the storage of materials on a lot in a Residential or Rural Zone is not permitted. The accessory use of a transport trailer or freight container for storage are permitted in Commercial and Industrial Zones, however under no circumstance may freight containers be stacked one on top of the other. 3.2.9 Where a forced road bisects a property, an accessory building shall not be built within 10 m of the centreline of the road. 3.3 Automobile Service Stations and Gas Stations Where Automobile Service Stations and Gas Stations are permitted in this By-law, the following provisions shall apply: 3.3.1 No portion of any pump island shall be located closed than 6 m from the lot line. 3.3.2 The maximum width of a curb ramp at the lot line shall be not more than 9 m and the minimum width not less than 7.5 m. 3.3.3 The minimum distance between ramps shall not be less than 9 m. 3.3.4 The minimum distance between the property line of the lot at the lot line, and the nearest ramp shall be 3 m. 3.3.5 The area included between ramps or between ramps and a lot line or property line as required by this By-law shall not be used for any purpose other than landscaping. 3.4 Bed and Breakfast Establishments Where permitted by this By-Law, a Bed and Breakfast Establishment will be subject to the following provisions: 27 3.4.1 A Bed and Breakfast Establishment will only be permitted in a single detached dwelling. 3.4.2 The Bed and Breakfast Establishment shall have the proprietor residing on the premises, and shall be incidental and secondary to the main use as a dwelling unit. 3.4.3 A Bed and Breakfast Establishment shall be permitted in the main building or an accessory building. If it is established in an accessory building, the standards laid out for a second unit in an accessory building in Section 3.2 shall be adhered to. 3.4.4 The guest rooms shall not contain kitchen or cooking facilities. 3.4.5 The Bed and Breakfast Establishment shall have adequate parking as set forth in Section 4 - Parking and Loading Provisions. 3.4.6 A sign may be erected in accordance with the Sign By-Law of the Municipality. 3.4.7 Where a Bed and Breakfast Establishment is located, no other rental accommodation such as a Group Home, Second Unit, or similar shall be permitted. 3.5 Building Repair and Reconstruction Nothing in this By-law shall prevent the strengthening to a safe condition or the reconstruction of a building or structure that is deemed to be legal non-complying to a standard set out in this Zoning By-law, and/or deemed to be a legal non-conforming use, provided that: 3.5.1 Such repair or reconstruction does not further contravene the provisions of this By-law, because of a change in height, floor area, or by changing the use of such building or structure; and 3.5.2 If the building is a dwelling house in other than a Residential Zone, it shall comply with all of the requirements set out for a residential use in a Rural (R) Zone. 3.6 Buildings to be Moved In all zones, no building, whether residential or otherwise, that would normally require a building permit for construction, shall be moved within the area covered by this By-law, or shall be moved into the limits of the 28 area covered by this By-law without an inspection and permit from the Chief Building Official. 3.7 Change of Use Under the provisions of this By-law, the use of a building, structure, or lot shall not be changed unless the new use conforms to the provisions of the zone in which it is located and all other applicable By-Law provisions. 3.8 Continuation of Farming Use Nothing contained within this By-law shall prevent the continued use of any land, building or structures for farming purposes as defined under the term 'Farm' in Section 2. Any additions or extensions of such farming use shall comply with the requirements for a Rural (R) Zone as to lot coverage, yard, height provisions, as well as any provisions requested by the North Bay-Mattawa Conservation Authority or any other governmental authority having jurisdiction. 3.9 Corner Lots in Residential Zones Notwithstanding any other provision of this By-law, on a corner lot in a Residential Zone no part of any accessory building or structure shall be erected closer to the exterior lot line then the required exterior yard setback for that zone. 3.10 Daylight Triangles On all corner lots within the Municipality, a daylight triangle shall be maintained, free of structures or vegetation, or anything else impeding the sight lines from one street to another, with the exception of: 3.10.1 Fencing, shrubs, or comparable features which do not exceed 1.2m in height. Daylight triangles shall be maintained within the triangular area that is created by connecting the points that are 6 m from the corner, along each street adjacent to the corner lot. 3.11 Dwelling Unit below Grade A dwelling unit may be located below grade, provided that it is in compliance with all other provisions of this By-Law and meets the requirements of the Ontario Building Code and Fire Code. 29 3.12 Dwelling Unit in Non-Residential Building or Lot No person shall use any lot, or erect, alter, or use any building, structure, or part thereof for the purpose of a separate dwelling unit on a lot zoned other than for residential uses or within a portion of a non- residential building except in accordance with the following regulations: 3.12.1 1 dwelling unit for use by the owner or operator shall be permitted per lot with an approved water supply and septic system, as per the zoning tables in Sections 5 to 10 of this By-law. 3.12.2 The dwelling unit shall have a minimum floor area of 70 m2. 3.12.3 The dwelling unit shall have a separate washroom and kitchen facilities from those of the non-residential use. 3.12.4 The dwelling unit shall have one separate parking space as provided by Section 4 of this By-law. 3.12.5 The dwelling unit shall have a separate building entrance to the one provided for the non-residential use. 3.12.6 The gross floor area of the residential portion of a non-residential building in a Commercial, Industrial, or Parks and Open Space Zone shall not exceed 40% of the floor area of the main building. 3.13 Dwelling Units per Lot Not more than 1 dwelling unit shall be permitted per lot, except where expressly permitted otherwise in this By-Law. 3.14 Farming and Hobby Farms Where permitted, the following requirements are to be met for a hobby farm: 3.14.1 The minimum lot area is 5 acres. 3.14.2 The minimum lot frontage is 90 metres. 3.14.3 Only one barn is permitted. 3.14.4 Section 3.2 above will be used to determine maximum height of a barn structure. 3.14.5 The barn may not be located within 30 m of the any lot lines. 30 3.14.6 Farms and Hobby Farms may be subject to additional setback requirements and provisions as set forth by the North Bay-Mattawa Conservation Authority. 3.14.7 No livestock facility shall be erected or expanded unless in compliance with the Minimum Distance Separation (MDS II) calculation. 3.15 Frontage on a Public or Private Street, or Navigable Lake 3.15.1 Frontage on a Public Street: No person shall erect any building or structure in any zone unless the lot fronts upon an open public street, which is maintained year round by the Province or Municipality. 3.15.2 Frontage on a Private Road: Notwithstanding Section 3.15.1, where a lot does not have frontage on a public street, a building or structure may be erected on a lot in a Registered Plan of Subdivision with a properly executed subdivision agreement where the private street or streets in question will not be assumed by the Municipality. 3.15.3 The construction of a new dwelling is permitted on a lot which fronts a private road, providing the lot is an existing lot of record. 3.15.4 Access by Navigable Lake: Notwithstanding Section 3.13.1, where an existing lot of record is accessed only by navigable water, the owner of such lot is solely responsible for obtaining access to the lot. 3.16 Greater Restrictions This By-Law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. 3.17 Height Exceptions The height regulations of this By-Law shall not apply to: spires on a Place of Religious Assembly, or other similar ornamental or functional features, chimney, wind turbines, telecommunication or radio antennas, or flagpoles. 31 3.18 Home Industries and Home Occupations Where a home industry is permitted, the following provisions shall apply: 3.18.1 There is no external advertising other than a sign erected in accordance with the By-Law of the Municipality governing signs. 3.18.2 There is no external storage of goods, materials or equipment. 3.18.3 Not more than 2 persons, other than the owner, are employed on a full time basis. 3.18.4 The lot shall be an existing lot with not less than 60 m (196.85 ft.) of frontage and 0.81 hectares (2.00 acres). 3.18.5 A Home Industry shall include parking that is in accordance with Section 4 - Parking and Loading Provisions. In addition, on street parking will not be permitted. 3.18.6 Where an accessory building is used for a Home Industry, as defined in Section 2, such building or structure shall be located on the lot at a setback from any abutting road or street which is 15 m greater than the setback required by this By-Law for the main building on the lot Where a home occupation is permitted, the following provisions shall apply: 3.18.7 There is no external advertising other than a sign erected in accordance with the By-Law of the Municipality governing signs. 3.18.8 There is no external storage of goods, materials or equipment. 3.18.9 The home occupation shall be carried out by the individual whose principal residence is on the premises, and the home occupation shall be clearly secondary to the main residential use of the property, and shall not change the character of the dwelling. 3.18.10 A home occupation shall include parking that is in accordance with Section 4 - Parking and Loading Provisions. In addition, on street parking will not be permitted. 32 3.13.11 A Home Occupation or Home Industry use that will not be permitted: Group Home Retail Store Adult Entertainment Facility Restaurant Retirement Home Medical Office Automotive Body Shop or Repair Shop Carwash Automobile or Recreational Vehicle Sales and Leasing Establishment Heavy Manufacturing Kennel 3.19 Kennels A Kennel shall only be permitted on a lot that is 2 hectares (5 acres) or greater in area. Further, a Kennel shall not be permitted within 60 m of a residential use. 3.20 Land Suitability for Use Notwithstanding any other provision of this By-Law, no habitable building or structure shall be erected, altered, or used on land which is unsuitable for the provision or satisfactory water supply, sewage disposal, or drainage facilities. 3.21 Legal Non-Conforming and Legal Non-Complying Uses and Standards 3.21.1 Continuation of Legally Existing Uses: The provisions of this By-Law shall not prevent the use of any lot, building, or structure for any purpose prohibited herein if such lot, building, or structure was lawfully used for such purposes on the day of passing of this By-Law, and provided that they continue to be used for that purpose. 3.21.2 Legally Existing Buildings or Structures with Deficient Standards: Where a building, structure, or part thereof has been legally erected prior to the date of passing of this By-Law, where a 33 standard is deficient to the requirements of this By-Law, the building or structure may be enlarged, reconstructed, repaired or renovated provided that: 3.21.2.1 The enlargement, reconstruction, repair or renovation does not further reduce an existing deficient standard. 3.21.2.2 All other applicable provisions of this By-Law are complied with. 3.22 Licenses, Permits, and Other By-Laws Nothing in this By-Law shall exempt any person from complying with the requirements of the Ontario Building Code, Fire Code, or any other By- Law in force within the Municipality, or from obtaining any permit, license, permission, authority, or approval required by this or any other By-Law of the Municipality of East Ferris, or by any other law in force from time to time. 3.23 Mobile Home Parks Where a Mobile Home Park is permitted, the following provisions shall apply: 3.23.1 Density: The maximum permissible density for a mobile home park shall be 10 units for each 10,000 m2. 3.23.2 Commercial Uses: A Mobile Home Park may include such commercial uses such as a convenience store, restaurant, personal service establishment, or other similar establishment that would be designed to serve the needs of those living in the Mobile Home Park. 3.23.3 Separation: Mobile Homes and any part thereof shall be separated from each other or from any other building by not less than 6 m. Any porch, carport, or similar addition to, shall be regarded as part of the Mobile Home for the purpose of separation. 34 3.23.4 Storage: There shall be no outside storage of any furniture, domestic equipment, or seasonally used equipment. Adequate covered storage shall be provided and located either at the individual Mobile Home site, or within a special storage area provided within the Mobile Home Park where it can be used communally. 3.23.5 Recreation Space: Not less than 10% of the gross area of a Mobile Home Park shall be used as recreation space, place in a location convenient to all residents. Such space shall be free of traffic hazards and shall not include areas designated as planting strips. Where such recreation space exceeds 500 m2, 2 or more such areas will be provided. 3.23.6 Landscaping and Screening: All areas of a Mobile Home Park not occupied by Mobile Homes and their additions, accessory buildings or structures, storage buildings, internal roads, footpaths, permanent buildings and any other development facility, with the exception of a required yard setback, shall be sodded and landscaped. 3.23.7 Parking: Parking for a Mobile Home site, including visitor parking, shall be in accordance with Section 4 - Parking and Loading Provisions. 3.23.8 Each Mobile Home site shall be accessible by means of an internal, hard surface driveway. 3.23.9 No Mobile Home Park shall be established unless it is in accordance with a site plan approved by the Council. A Mobile Home Park shall be comprised of individual lots within a Registered Plan of Subdivision and there shall be no more than 1 Mobile Home per lot. 3.24 Outdoor Storage Where outdoor storage is permitted, the following provisions shall apply: 3.24.1 Outdoor storage is located behind the front or exterior wall of the main building facing any street and complies with all yard requirements. 35 3.24.2 Any portion of a lot used for outdoor storage is screened from adjacent uses and streets adjoining the lot by a building, planting strip, and/or fence at least 1.8 m in height from the ground. 3.24.3 The area used for outdoor storage shall be in addition to the areas required for parking, loading, and landscaping. 3.25 Pits and Quarries The making or establishment of new pits or quarries is prohibited except in specific locations and in accordance with the express provisions of this By-Law. No person shall use land or erect any building or structure for the purpose of processing, washing, sorting, screening or crushing of 3.26 Planting Strips Where a lot is used for commercial or industrial functions, and the interior side or rear lot line abuts a Residential Zone, then the strip abutting such Residential lot line shall be used for no purpose other than a planting strip in accordance with the following provisions: 3.26.1 Width of Planting Strip: Minimum of 3 m. 3.26.2 Use: Where a Commercial or Industrial Zone abuts a Residential Zone, a planting strip of evergreens, shrubs, or other similar vegetation shall be established or maintained and implemented through a Site Plan Control Agreement. Alternatively, a fence of not less than 1.8 m in height, and in accordance with the Municipality of East Ferris Fence By-Law may be used in place of vegetation. 3.26.3 Driveways or Walks: In all cases where ingress and egress driveways or walks extend through a planting strip, it shall be permissible to interrupt the strip within 3 m of the edge of such driveway or within 2 m of the edge of such walk. 3.26.4 Landscaped Open Space: A planting strip referred to in this subsection may form part of any landscaped open space required by this By-Law. 36 3.27 Railway Crossings, Sight Distance, and Setbacks Where any road or street crosses a railway, no building or structure shall hereafter be erected closer than 45 m to the point of intersection of the centre line of both the railway and the road or street. All buildings and structures in any zone of the Municipality shall be setback from the railway lines in accordance with the minimum distances as set forth below: Track Classification Setback Required Main Line (Principal or Secondary) 30 m All Other Lines 20 m 2.27.1 No commercial entrance to any lot shall be located any closer than 75 m to the nearest railway crossing. 3.28 Seasonal Residence Conversions The conversion of a seasonal residential dwelling to a permanent residential dwelling may be permitted provided the existing sewage disposal system is upgraded to current standards, if required. 3.29 Secondary Dwelling Units and Coach Houses Where permitted, the following requirements are to be met for Second Units: 3.29.1 A maximum of 1 Second Unit shall be permitted per lot. 3.29.2 Second Units shall be permitted in single detached, semi- detached, or townhouse style dwellings. 3.29.3 A Second Unit shall not be permitted on a lot with waterfront frontage on Lake Nosbonsing,Trout Lake or Mink Lake. 3.29.4 A Second Unit shall have a dedicated entrance to the unit, separate from the entrance to the primary dwelling. 3.29.5 Sufficient water supply and sewage disposal facilities must be available for both the dwelling, and Second Unit. These facilities may be shared. 37 3.29.6 A Second Unit must comply with all aspects of the Ontario Building Code, Ontario Fire Code, or any other applicable legislation regarding means of access, and fire separations with appropriate fire resistance ratings. Inspections must be carried out prior to tenancy of the Second Unit. 3.29.7 Where a Second Unit is established on a lot, neither a Coach House, Bed and Breakfast Establishment, Group Home, nor any other rooming units are permitted on that lot. 3.30.8 One additional parking space must be provided for a Second Unit, as per Section 4 - Parking and Loading Provisions. Furthermore, the parking space for the Second Unit must have its own unimpeded access to the parking space, and not be stacked parking. Where permitted, the following requirements are to be met for a Coach House: 3.29.9 A maximum of 1 Coach House permitted per lot. 3.29.10 Sufficient water supply and sewage disposal facilities must be available for both the dwelling, and Coach House. 3.29.11 The Coach House must adhere to all yard setback and lot coverage requirements for the lot in which it is situated. 3.29.12 A setback of 5 m must be provided between the Coach House and the primary dwelling on the lot. 3.29.13 A Coach House must comply with all aspects of the Ontario Building Code, Ontario Fire Code, or any other applicable legislation regarding means of access, and fire separations with appropriate fire resistance ratings. Inspections must be carried out prior to tenancy of the Second Unit. 3.29.14 Where a Coach House is established on a lot, neither a Second Unit, Bed and Breakfast Establishment, Group Home, nor any other rooming units are permitted on that lot. 3.29.15 One additional parking space must be provided for a Coach House, as per Section 4 - Parking and Loading Provisions. Furthermore, the parking space for the Second Unit must have its 38 own unimpeded access to the parking space, and not be stacked parking. 3.29.16 A Coach House may be no larger in floor area than 75% of the main floor area of the main building on the property. 3.29.17 A Coach House may be one or two storeys in height with a maximum height equal to the accessory building provisions for the zone in which it is located. A Coach House may be permitted as part of an accessory structure and may be located on the second storey of an accessory structure. 3.29.18 A travel trailer or other recreational vehicle may not be used as a Coach House. 3.30 Signs Any sign erected, altered, or used shall be in conformity with the Sign By- Law of the Municipality, or and successor By-Law. 3.31 Swimming Pools 3.31.1 Permitted in Side Yard: A swimming pool erected in any Rural or Residential Zone shall be permitted in the side yard of any lot provided that: 3.31.1.1 No part of such pool shall be located closer to any lot line than the minimum distance required for the principal building located on such lot. 3.31.1.2 The maximum height of such pool shall be 1.2 m above the finished grade, or the ground level within 5 m of such pool; and, 3.31.1.2 Any building, structure, or part thereof, other than the main building required for changing clothing or for pumping or filtering facilities, or other similar accessory uses, shall be in accordance with the provisions applicable to accessory buildings on such lot. 39 3.31.2 Permitted in Rear Yard: A swimming pool shall be permitted in the rear yard of any lot provided that no part of such pool shall be located closer to any lot line than the minimum distance required for an accessory building located on such lot. 3.31.3 Swimming Pool Fence: A swimming pool erected in any zone shall be properly fenced when appropriate, and comply with the provisions of the Municipal By-Law governing swimming pool fences, and any successor By- Law thereto. 3.31.4 Swimming Pools shall not be permitted in the front yard, including on lots with waterfront frontage 3.32 Temporary Buildings and Structures The following uses are permitted in all Zones within the Municipality: 3.32.1 Temporary structure uses in the construction of public works, but only for so long as it is necessary for such works to be completed or abandoned. A temporary structure associated with a construction project may be permitted for a period of one year, maximum. This may include freight containers associated with temporary construction projects in all zones. 3.32.2 A construction trailer, scaffold or other building or structure incidental to ongoing construction on the premises where it is situated, and only for so long as it is necessary for the work to be completed or abandoned. "Abandoned" in this section shall mean the failure to proceed expeditiously with the construction of a work, as determined by the Chief Building Official. 3.33 Through Lot Where a lot, which is not a corner lot, has frontage on more than 1 street, the setback and front yard requirements contained herein shall apply on each street in accordance with the provisions of this By-Law. 40 3.34 Recreational Vehicle Temporary Use No recreational vehicles, tent trailers, or structures of any kind other than a dwelling unit shall be used for human habitation within the Municipality of East Ferris for a period of more than 14 consecutive days or 28 days in a calendar year. 3.34.1 Section 3.35 does not apply to the use of any recreational vehicle, tent trailer, or structures other than dwelling units for commercial gain, such as a Short Term Rental or Second Unit, unless specifically provided for by this by-law. 3.34.2 The use of recreational vehicles, tent trailers, or structures other than dwelling units for commercial gain are not permitted for any length of time. 3.34.3 Recreational Vehicles may be used for temporary accommodation during the construction of a dwelling on a lot, provided that the temporary accommodation continues for no longer than 1 year total. 3.35 Uses Prohibited Notwithstanding any other provisions contained in this By-Law, the following uses are prohibited in the Municipality of East Ferris. 3.35.1 No use shall be permitted which from its nature or the materials used therein is declared by the local Board of Health, or the Council of the Municipality to be a noxious trade, business, or manufacture under the Public Health Act or regulations thereunder, R.S.O. 2006 as amended, or any successor to this document. 3.35.2 The manufacture or bulk storage of fertilizers, combustibles, explosives, inflammable or dangerous liquids, gasses, or similar materials. 3.35.3 The rendering of fats or animal products, a tannery or abattoir or other similar manufacture. 3.35.4 The use of any land or lot in any zone for the purpose of a tourist trailer park, or the use of a tourist trailer, mobile home, cargo or shipping container for human habitation except as specifically provided by this By-Law, unless such accommodation is a recognized Mobile Home Park with the Municipality. 41 3.35.5 The use of any land or lot for the purposes of a track for the racing of animals, motor vehicles, motorcycles, all-terrain vehicles, go- carts or snowmobiles. This provisions is not intended to interfere with the lawful use of a public road, highway, or such property used as an organized trail as approved by the Municipality. 3.35.6 The outdoor storage of partially dismantled motor vehicles, trucks, or trailers, other than in a permitted salvage yard. For the purpose of this section, partially dismantled vehicles include any vehicle that is required to be registered under the Highway Traffic Act and does not have a current license plate. 3.35.7 The use of any land or lot for the purpose of a waste disposal area, landfill site, or dump except for the public landfill sites owned and/or operated by the Municipality of East Ferris. 3.36 Uses Restricted Notwithstanding any other provisions contained in this By-Law, the following uses are prohibited within 600 m of any Residential Zone: 3.36.1 The manufacture or storage of fertilizers from human or animal wastes. 3.36.2 The slaughtering of animals, except when associated with the keeping of animals as an accessory use in accordance with the limits and policies set out in the Municipality of East Ferris Animal Control By-Law. 3.37 Vacant Lot - Storage 3.37.1 A vacant lot in any zone shall not be used for the storage or parking of a motor vehicle, boat, tourist trailer, or other similar vehicle. 3.37.2 A vacant lot in any zone shall not be used for the storage of building materials, equipment, or other similar items, unless expressly permitted elsewhere in this by-law. 3.38 Wind Farms or Solar Farms In the Rural (R) Zone where a wind farm or solar farm is permitted, the wind farm or solar farm must adhere to any and all guidelines and legislation as set forth by the Government of Ontario, or any other 42 governmental authority having jurisdiction, or legislation as amended from time to time. 3.38.1 Wind Farm Setbacks from property lines: For facilities with a capacity of 50 kW or greater, a minimum setback distance of the height of the turbine. The height of a turbine is measured from ground to hub, excluding the blades. Distance is from the centre of the base to the nearest property lines. 3.38.2 Wind Farm Setbacks for Noise: For facilities that generate ≥ 50 kW and using 1 or more turbines, where the sound power level is ≥ 102 dBa, or the height of any turbine is ≥ 70 m, a setback of at least 550 m from the nearest noise receptor. A noise receptor is defined as the centre of a building or structure that contains one or more dwellings, health facilities, institutional / educational, community centre, or place of religious assembly. 3.39 Yard Exception, Terrain Unsuitability In any zone where part of such lot is covered by water, marsh, swale, beyond the rim of a riverbank or watercourse, or located at a cliff or embankment, the required yard shall be measured from the nearest main wall of the main building or structure to the edge of the above mentioned area at a minimum. The provision does not supersede any more restrictive provision in this by-law. 3.40 Yard and Setback Encroachments Permitted 3.40.1 Accessory Structure: Notwithstanding the yard and setback provisions of this By-Law to the contrary, drop awnings, clothes poles, flag poles, garden trellises, fences, retaining walls, signs, or similar accessory uses erected in accordance with the By-Laws of the Municipality shall be permitted in any required yard. 3.40.2 Unenclosed Porch, Balcony, Patio or Steps: Notwithstanding the yard and setback provisions of this By-Law to the contrary, an unenclosed porch, balcony, patio, or steps may project into any required yard a maximum distance of 2.5 m, 43 provided that in no case is the setback from the lot line less than 2 m. 3.40.3 Fire Escape: Notwithstanding the yard and setback provisions of this By-Law to the contrary, an unenclosed fire escape and the structural members necessary to its support, may project into any required yard or setback a maximum distance of 1.5 m. 3.40.4 Eaves: Notwithstanding the yard and setback provisions of this By-Law to the contrary, the eaves or gutters on an accessory structure or main building may project into any required yard or setback a maximum distance of 1.5 m, provided that in no case is the setback from the lot line less than 1 m 3.41 Forced Roads Where a forced road exists on a lot, the setback required from the forced road shall be equal to the front yard setback required by the zoning on the lot. 3.42 Setback For Septic Systems The setback required for sewage disposal beds from the shoreline of Trout Lake, Lake Nosbonsing, and the bank of any watercourse flowing into Trout Lake or Lake Nosbonsing shall be 60 m. 3.43 Setback From Waterbodies and Wetlands No new main building shall be erected in any zone within 30 m of any lake, river, stream or wetland. Specific regulations related to a zone or water feature may supersede this regulation. Accessory Structures shall provide a setback of 15m from any lake, river, stream or wetland. 3.43.1 Shoreline accessory structures are exempt from this regulation on Lake Nosbonsing, Trout Lake and Mink Lake 3.44 Existing Lots Having Less Lot Area or Lot Frontage Than Required Where a lot having a lesser lot frontage or lot area than required by the by-law exists prior to the passing of this by-law, the lot shall be deemed to conform to the lot frontage and lot area requirements of this by-law. 44 Section 4 - Parking and Loading Provisions 4.1 Parking Space Requirements Parking spaces and parking areas are required under this By-law in accordance with the following provisions. The owner of every building or structure erected or used for any of the purposes as set forth below 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 parking spaces required are as follows: Building Type / Use Minimum Parking Requirements Automobile Service Station and Auto Body Shop 1 parking space for every 30m2 of floor area. Bed and Breakfast Establishment 1 parking space for each lodging suite, in addition to the required parking for the dwelling. Camp or Campground 1 parking space for every site, plus 1 visitor parking space for every 4 sites. Convenience or Grocery Store 1 parking space for every 10m2 of floor area. Dwelling: Detached, Semi-detached 2 parking space, garage, or carport. Dwelling: Secondary Unit, or Coach House 1 parking space, in addition to the required parking for the dwelling. Dwelling: Townhouse, Multiple Residential 1 ½ parking spaces per dwelling unit. Dwelling: Unit in Non-Residential building 1 parking space per dwelling unit, in addition to the required parking for the primary non-residential use. Dwelling: Water Access Only Lots 0 parking spaces required Dwelling: All Other Residential 1 parking space per dwelling unit. Hotel and Tourist Trailer Park 1 parking space per guest room, plus 1 additional parking space for every 30m2 of floor area devoted to public use. Marina 1 parking space for every 20m2 of total retail floor area, plus 1 parking space for each boat slip. Medical Office 5 parking spaces for each practitioner. Mobile Home Park 1 parking space per dwelling unit. Office 1 parking space for every 10m2 of office floor area. Other: Commercial Uses 1 parking space for every 20m2 of floor area. 45 Other: Industrial Uses 1 parking space for every 50m2 of floor area. Other: All Other Uses 1 parking space for every 30m2 of floor area. Place of Religious Assembly, Funeral Home, Auditorium, Restaurant, Theatre, Arena, Hall, Club or Recreational Facility, or Community Centre. Fixed Seats: 1 parking space for every 3 seats or 3 m of bench space. No Fixed Seats: 1 parking space for each 10m2 of floor area devoted to public use. Retirement Home 1 parking space for every 2 beds. School 1 ½ parking spaces for each teaching area. 4.2 Parking Spaces and Accessible Parking Spaces Parking Space Classification Minimum Width Minimum Length Standard (90 degree to aisle) 2.6 metres 5.5 metres Accessible 3.4 metres, plus a 1.5 metre hatched aisle strip that may be shared by 2 accessible spaces. 5.5 metres 4.3 Requirements of a Parking Area A parking area shall conform to the following requirements: 4.3.1 The parking area shall be located on the same lot as the use it is intended to serve. 4.3.2 Each parking space shall be provided with unobstructed access to a street by a driveway, aisle, lane, or private road. 4.3.3 For any parking area in a Commercial or Industrial Zone which is to be used in winter, an additional area equal to 20% of the required area shall be provided for snow storage. 4.3.4 Any off-street parking facility must have the minimum number of accessible parking spaces in accordance with the requirements as set forth below. Accessible parking spaces must also be distinctly marked by an accessible permit parking sign. 46 4.3.4.1 For lots of 12 parking spaces or fewer, at least one accessible parking space. 4.3.4.2 For lots of 13 to 100 parking spaces, one accessible parking space, plus at least 4% of the total number of parking spaces must be accessible spaces, while rounding up to the nearest whole number. 4.4 Parking Area Surface In a Commercial or Industrial Zone a 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. 4.5 Parking of Commercial Vehicles A commercial vehicle may be parked in a residential zone, provided that it is owned and/or operated by the resident of a residential unit on the lot. 4.6 Ingress and Egress 4.6.1 No part of any ingress or egress in any zone, other than residential, shall be located within 15 m of the intersection of any two adjacent streets. 4.6.2 The width of any ingress or egress ramp along any street shall be a minimum of 4.5 m and a maximum of 7 m for a one way ramp, and a minimum of 7 m and a maximum of 12 m for a two way ramp 4.7 Illumination Where parking areas are illuminated, lighting fixtures shall be so arranged that no park of any fixture shall be more than 10 m above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from adjacent lots, roads, or streets. 4.8 Addition to Building or Structure When a building or structure has insufficient parking area at the date of passing of this By-law to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built however, and no 47 change of use may occur, should the effect of which mean an increase in that deficiency. 4.9 Use of Parking Spaces and Areas Any area where off-street parking is permitted under this By-law shall be used for no other parking purpose than for the parking of operative passenger vehicles and commercial vehicles used in operations incidental to the permitted uses on the lot, all bearing currently valid license plates. For the purposes of this subsection, "commercial motor vehicle" shall mean any commercial vehicles as defined in The Highway Traffic Act, or any successor to this Act. No person shall within any Residential Zone use any part of a front yard, except the driveway, for the parking or temporary storage of tent trailers, motor homes, truck campers, boats, motorized snow vehicles, or similar types of recreational vehicles. No person shall, in any Residential Zone, use any tourist or travel trailer for the purpose of providing temporary or permanent living or eating accommodation, unless in accordance with another section of this by-law. 4.10 More than One Use on a Lot When a building or structure accommodates more than one type of use, the parking space requirements for the whole building shall be the sum of the requirements for the separate parts of the building occupied by the separate types of use. 4.11 Buffer Area Where a parking area is situated on the boundary between a Commercial Zone and a Residential Zone or an Open Space Zone, a strip of land, not less than 3 m wide shall not be used for any purpose other than landscaping. Where a parking area is situated in a Residential Zone and it designed to accommodate more than 6 automobiles, a strip of land not less than 3 m wide around the periphery of the said parking area shall not be used for any purpose other than landscaping, but this shall not prevent the provision of entrances for exits to said parking area across the strip. 48 4.12 Loading Space Regulations The owner or occupant of any lot, building or structure used for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise, and raw materials, shall provide and maintain a loading space at the premises on the lot occupied by the building or structure in accordance with the policies in this section: 4.12.1 A loading space shall not form part of a street or lane within lot to which the use is located. 4.12.2 The loading space shall be 9 m in length by 3.5 m in width and shall have a vertical clearance of at least 4 m. 4.12.3 One loading space shall be provided for each 500 m2 of floor area of the building or structure provided 4.13 Loading Space Surface The driveways, loading spaces shall be constructed and maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles, and with provisions for drainage facilities. 4.14 Loading Space Location The loading spaces shall be located in the interior side yard or rear yard, unless set back from the street line a minimum distance of 25 m, then the loading space may be permitted in the exterior side yard or front yard. When a building or structure has insufficient loading space at the date of the passing of this By-law to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built however, and no change of use may occur, the effect of which would be an increase in that deficiency 49 Section 5 - Rural and Residential Zones 5.1 Permitted Uses No person shall, within any Rural and Residential Zone, use any lot, or erect, alter, or use any building or structure for any purpose other than as permitted in Table 5A of this section. 5.2 Rural and Residential Zones Table Table 5A outlines uses that are permitted within each Rural and Residential Zone. The permitted uses are denoted by the symbol 'X'. These permitted uses will correspond to the column applicable to that zone; with the row identifying the specific use. All uses in any of the following Rural and Residential Zones must also follow any applicable subsection of Section 3 - General Provisions. A number in brackets following any provision indicates that additional regulations may apply and can be found listed below the table. The Rural and Residential Zones are as follows: Rural R Estate Residential RE Lakefront Residential RL Hamlet Residential RH Urban Residential RU Mobile Home Park RMH 50 Table 5A - Permitted Rural and Residential Uses USE R RE RL RH RU RMH Bed and Breakfast Establishment X X X X Community Centre X Convenience Store X Dwelling: Multiple Residential X(1) X(1) Dwelling: Semi- detached X X Dwelling: Single Detached X X X X X Dwelling: Townhouse X(1) X(1) Farm and Agricultural Use and Hobby Farms X Group Home X X X Home Industry X Home Occupation X X X X X Mobile Home X Parks and Playgrounds X X X X X X Personal Service Establishment X Place of Religious Assembly X X X Retirement Home X School X X Second Unit and/or Coach House X X(2) X X Short Term Rental (3) X X X X X Solar or Wind Farm (4) X 51 Special Provisions for Table 5A - Permitted Rural and Residential Uses (1) - Requires a minimum lot area of 0.8 ha and must not exceed 4 total dwelling units. (2) - In the RE Zone, a Second Unit will be permitted, but not a Coach House. (3) - Short Term Rentals shall only be permitted in accordance with the policies contained within the East Ferris Short Term Rental By-law (4) - Solar and Wind Farms shall only be permitted by way of specific amendment to this by-law. 52 Table 5B - Zoning Requirements Table Zone Use Minimum Lot Frontage (m) Minimum Lot Area (ha) Maximum Lot Coverage (%) Front Yard Setback (m) Interior Side Yard Setback (m) Exterior Side Yard Setback (m) Rear Yard Setback (m) Maximum Building Height (m) R Dwelling: Single Detached 60 0.8 10 (2) 15 8 15 15 10.5 R Farms and Hobby Farms 90 2.02 10 (2)(3) 15 15 15 30 10.5 R Group Home 60 0.8 10 15 8 15 15 10.5 R Place of Religious Assembly 60 0.8 10 15 8 15 15 10.5 R School 60 0.8 10 15 8 15 15 10.5 RE Dwelling: Single Detached 60 0.8 5 15 8 15 30 10.5 RL Dwelling: Single Detached 60 0.8 10 (2) 8 3 8 8 10.5 53 Zone Use Minimum Lot Frontage (m) Minimum Lot Area (ha) Maximum Lot Coverage (%) Front Yard Setback (m) Interior Side Yard Setback (m) Exterior Side Yard Setback (m) Rear Yard Setback (m) Maximum Building Height (m) RH Dwelling: Multiple Residential 60 0.8 10 8 3 8 8 10.5 RH Dwelling: Single Detached 60 0.8 10 (2) 8 3 8 8 10.5 RH Dwelling: Semi Detached 60 0.8 10 (2) 8 3 8 8 10.5 RH Dwelling: Townhouse 60 0.8 10 8 3 8 8 10.5 RH Group Home 60 0.8 10 8 3 8 8 10.5 RH Place of Religious Assembly 60 0.8 10 8 3 8 8 10.5 RH Retirement Home 60 0.8 10 8 3 8 8 10.5 RH School 60 0.8 10 8 3 8 8 10.5 RU Dwelling: Single Detached 60 0.8 25 8 3 8 8 10.5 RU Dwelling: Semi- Detached 60 0.8 25 8 3 8 8 10.5 54 Zone Use Minimum Lot Frontage (m) Minimum Lot Area (ha) Maximum Lot Coverage (%) Front Yard Setback (m) Interior Side Yard Setback (m) Exterior Side Yard Setback (m) Rear Yard Setback (m) Maximum Building Height (m) RU Group Home 60 0.8 25 8 3 8 8 10.5 RMH Mobile Home Park 200 10 35 15 8 15 8 10.5 RMH Mobile Home 25 0.07 35 8 3 5 3 10.5 Special Provisions for Table 5B - Zoning Requirements for Rural and Residential (1) - Applies to All Zones - Minimum setback from a navigable lake or watercourse is 30 metres from established high water mark. (2) - A maximum Lot Coverage of 15% shall be permitted for existing lots under 0.8ha in Lot Area (3) - Lot Coverage shall only apply to buildings and structures. Farm fields and agricultural uses shall not be subject to lot coverage. 55 Table 5C - Accessory Buildings Table Zone Minimum Distance to Lot Lines (m) Maximum Height (m) R (Farm or Agricultural Use) 15 6 R (Residential) 2 6 RE 2 6 RL 2 6 RH 2 6 RU 2 6 RMH (Mobile Home Park) 8 6 RMH (Mobile Home) 2 6 Special Provisions for Table 5C - Accessory Buildings Table (1) - Applies to All Zones - Minimum setback from a navigable lake or watercourse is 30 metres from established high water mark for all buildings with the exception of the following, which do not require a front yard setback: a. Docks b. Boathouses c. Gazebo d. Storage Shed e. Decks and Patios 56 Section 6 - Commercial Zones 6.1 Permitted Uses No person shall, within any Commercial Zone, use any lot, or erect, alter, or use any building or structure for any purpose other than as permitted in Table 6A of this section. 6.2 Commercial Zones Table Table 6A outlines uses that are permitted within each Commercial Zone. The permitted uses are denoted by the symbol 'X'. These permitted uses will correspond to the column applicable to that zone; with the row identifying the specific use. All uses in any of the following commercial or institutional zones must also follow any applicable subsection of Section 3 - General Provisions. A number in brackets following and provision indicates that additional regulations may apply and can be found listed below the table. The Commercial Zones are as follows: General Commercial C1 Service Commercial C2 Resort Commercial C3 57 Table 6A - Permitted Commercial Uses USE C1 C2 C3 Animal Hospital X X Automobile Service Station X Automobile Sales and Leasing Establishment X Camp or Campground X Carwash X Convenience Store X X X Dwelling Unit(s) X(1) X(1) X(1) Gas Station X Hospital X X Hotel X X Light Manufacturing and Service Shop X Marina X Medical Office X Office X Personal Service Establishment X Pharmacy X Recreational Vehicle Sales and Leasing Establishment X Restaurant X X X Retail Store X Special Provisions for Table 6A - Permitted Commercial Uses (1) - A dwelling unit(s) in any Commercial Zone must abide by Subsection 3.12 - Dwelling Unit in Non-Residential Building or Lot of Section 3 - General Provisions. 58 Table 6B - Zoning Requirements Table Zone Use Minimum Lot Frontage (m) Minimum Lot Area (ha) Maximum Lot Coverage (%) Front Yard Setback (m) Interior Side Yard Setback (m) Exterior Side Yard Setback (m) Rear Yard Setback (m) Maximum Building Height (m) C1 Commercial 45 0.4 50 8 3 8 8 10.5 C1 Residential - - 10 8 3 8 8 10.5 C2 Commercial 45 0.4 50 8 5 8 10 10.5 C2 Residential - - 10 8 3 8 8 10.5 C3 Commercial (road only) 60 0.4 50 15 8 15 15 10.5 C3 Commercial (on lake) 150 1.2 10 30(1) 8 15 15 10.5 C3 Residential - - 10 8 3 8 8 10.5 Special Provisions for Table 6B - Zoning Requirements for Rural and Residential (1) - Except a marina 59 Table 6C - Accessory Buildings Table Zone Minimum Distance to Lot Lines (m) Maximum Height (m) C1 2 6 C2 2 6 C3 2 6 60 Section 7 - Institutional Zone 6.1 Permitted Uses No person shall, within any Institutional Zone, use any lot, or erect, alter, or use any building or structure for any purpose other than as permitted in Table 7A of this section. 6.2 Institutional Zones Table Table 7A outlines uses that are permitted within each Commercial Zone. The permitted uses are denoted by the symbol 'X'. These permitted uses will correspond to the column applicable to that zone; with the row identifying the specific use. All uses in any of the following commercial or institutional zones must also follow any applicable subsection of Section 3 - General Provisions. A number in brackets following any provision indicates that additional regulations may apply and can be found listed below the table. The Institutional Zones are as follows: Institutional I 61 Table 7A Permitted Institutional Uses Use I Art Gallery X Cemetery X Club or Recreational Facility X Day Care X Hospital X Medical Office X Museum X Place of Religious Assembly X Retirement Home X School X 62 Table 7B - Zoning Requirements Table Zone Use Minimum Lot Frontage (m) Minimum Lot Area (ha) Maximum Lot Coverage (%) Front Yard Setback (m) Interior Side Yard Setback (m) Exterior Side Yard Setback (m) Rear Yard Setback (m) Maximum Building Height (m) I Institutional 60 0.8 25 8 3 8 8 15 Table 7C - Accessory Buildings Table Zone Minimum Distance to Lot Lines (m) Maximum Height (m) I 2 6 63 Section 8 - Industrial Zones 7.1 Permitted Uses: No person shall, within any Industrial Zone, use any lot, or erect, alter, or use any building or structure for any purpose other than as permitted in Table 8A of this section. 7.2 Industrial Zones Table Table 8A outlines uses that are permitted within each Industrial Zone. The permitted uses are denoted by the symbol 'X'. These permitted uses will correspond to the column applicable to that zone; with the row identifying the specific use. All uses in any of the following commercial zones must also follow any applicable subsection of Section 3 - General Provisions. A number in brackets following any provision indicates that additional regulations may apply and can be found listed below the table. The Industrial Zones are as follows: Light Industrial M1 General Industrial M2 Heavy Industrial M3 64 Table 8A - Permitted Industrial Uses USE M1 M2 M3 Auto Body Shop X Automobile Service Station X X Carwash X X Dwelling Unit(s) X(1) X(1) X(1) Gas Station X X Heavy Manufacturing and Service Shop X Light Manufacturing and Service Shop X X Pit or Quarry Operation X Salvage Yard X Self-Storage Use X X Outdoor Storage X X X Special Provisions for Table 8A - Permitted Rural and Residential Uses (1) - A dwelling unit(s) in any Industrial Zone must abide by Subsection 3.12 - Dwelling Unit in Non-Residential Building or Lot of Section 3 - General Provisions. 65 Table 8B - Zoning Requirements Table Zone Use Minimum Lot Frontage (m) Minimum Lot Area (ha) Maximum Lot Coverage (%) Front Yard Setback (m) Interior Side Yard Setback (m) Exterior Side Yard Setback (m) Rear Yard Setback (m) Maximum Building Height (m) M1 Industrial 60 0.8 40 15 8 15 15 10.5 M1 Residential - - - 8 3 8 8 10.5 M2 Industrial 60 2 20 15 8 15 15 15 M2 Residential - - - 8 3 8 8 10.5 M3 Industrial 60 2 20 30 30 30 30 20 M3 Residential - - - 8 3 8 8 10.5 66 Table 8C - Accessory Buildings Table Zone Minimum Distance to Lot Lines (m) Maximum Height (m) M1 5 8 M2 5 8 M3 5 8 67 Section 9 - Parks and Open Space Zones 9.1 Permitted Uses No person shall, within any Parks or Open Space Zone, use any lot, or erect, alter, or use any building or structure for any purpose other than as permitted in Table 9A of this section. 9.2 Parks and Open Spaces Zones Table Table 9A outlines uses that are permitted within each Parks and Open Space Zone. The permitted uses are denoted by the symbol 'X'. These permitted uses will correspond to the column applicable to that zone; with the row identifying the specific use. All uses in any of the following Parks and Open Space Zones must also follow any applicable subsection of Section 3 - General Provisions. A number in brackets following any provision indicates that additional regulations may apply and can be found listed below the table. The Parks and Open Space Zones are as follows: Recreational O1 Conservation O2 68 Table 9A - Permitted Parks and Open Space Uses USE O1 O2 Club or Recreational Facility X Community Centre X Dwelling Unit(s) X(1) Environmentally Protected Lands X Municipal or Public Authority Facility X X Place of Religious Assembly X School X Special Provisions for Table 9A - Permitted Parks and Open Space Uses (1) - A dwelling unit(s) in any Parks and Open Space Zone must abide by Subsection 3.12 - Dwelling Unit in Non-Residential Building or Lot of Section 3 - General Provisions. 69 Table 9B - Zoning Requirements Table Zone Use Minimum Lot Frontage (m) Minimum Lot Area (ha) Maximum Lot Coverage (%) Front Yard Setback (m) Interior Side Yard Setback (m) Exterior Side Yard Setback (m) Rear Yard Setback (m) Maximum Building Height (m) O1 Recreational - - 10 8 8 8 10 10.5 O1 Residential - - - 8 3 8 8 10.5 O2 Open Space - - 10 8 8 8 10 10.5 Table 9C - Accessory Buildings Table Zone Minimum Distance to Lot Lines (m) Maximum Height (m) O1 2 6 O2 2 6 70 Section 10 - Special Zones Please see Section 10 attached to this document - Document End -